GENERAL TERMS AND CONDITIONS OF DELIVERY FUNFETTI

General Terms and Conditions of Sale of FunFetti established Lopikerweg west 26, in Lopik (registration number Chamber of Commerce Rotterdam: 24452564; VAT number NL001623642B54) concerning all products to be sold by FunFetti. These General Terms and Conditions have been filed at the Court Registry of the Rotterdam Chamber of Commerce under number 24452564.

Article 1. Applicability

To all offers, orders and agreements of FunFetti, to the exclusion of any other general conditions, these General Terms and Conditions of Sale (hereinafter: Conditions) apply.

1.2 Accepting an offer or placing an order implies that you accept the applicability of these Terms and Conditions.

1.3 The provisions of these Conditions may only be deviated from in writing, in which case the remaining provisions shall remain in full force and effect.

1.4 All rights and claims, as stipulated in these Conditions and in any further agreements for the benefit of FunFetti, are also stipulated for the benefit of intermediaries and other third parties engaged by FunFetti.

Article 2. Offers/agreements

2.1 All offers by FunFetti are without obligation and FunFetti expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.

2.2 An agreement only comes into effect after acceptance of your order by FunFetti. FunFetti is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, FunFetti will communicate this within ten (10) working days after receipt of the order.

Article 3. Prices and payments

3.1 The products listed are offered including VAT in EUROs and excluding handling and shipping costs.

3.2 Payment must be made immediately without discount or compensation via iDEAL or other form of advance payment, unless otherwise agreed in writing.

3.3 Payment can be made in (one of) the way(s) indicated during the ordering process, i.e. by iDEAL or bank transfer. Your order may be subject to further (payment/order) conditions. In the case of payment by bank or giro, the date of payment will be the date on which the FunFetti giro or bank account is credited.

3.4 If the term of payment is exceeded you will be in default from the day on which payment should have been made and from that day you will owe default interest of 1% per month or part of a month on the outstanding amount. If payment is made after a reminder by FunFetti, you will owe an amount of thirty-five euros (€ 35.00) for administration costs and, if FunFetti outsources its claim for collection, you will also owe the collection costs, which will be at least seventy-five euros (€ 75.00), without prejudice to FunFetti's right to claim the actual extrajudicial collection costs incurred instead.

3.5 If you default on any payment, FunFetti will be entitled to suspend or dissolve (the execution of) the relevant agreement and any related agreements.

Article 4. Delivery

4.1 You will receive your order promptly and at the latest within thirty (30) working days, unless FunFetti indicates otherwise. In the latter case you will receive timely notification of this. Until the moment of delivery you then have the right to dissolve the agreement free of charge. Exceeding the delivery period does not entitle you to compensation.

4.2 Delivery takes place when the items are presented at the specified delivery address.

4.3 TNT post will make 2 delivery attempts. If the recipient is not present, the parcel will be left with the neighbours. You will be notified of this by TNT Post. Should this also fail, you can collect the parcel from the post office within 3 weeks together with a valid identification document.

Article 5. Retention of title

5.1 Ownership of delivered products is only transferred when you have paid all that you owe to FunFetti under any agreement. The risk in respect of the products is already transferred to you at the time of delivery.

Article 6. Intellectual and industrial property rights

6.1 You must fully and unconditionally respect all intellectual and industrial property rights vested in the products delivered by FunFetti.

6.2 FunFetti does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

6.3 All designs, images etc. created by FunFetti remain the property of FunFetti and may not be copied or otherwise reproduced or used in any way without express written permission.

Article 7. Complaints and liability

7.1 All images, drawings, data concerning weights, dimensions, colours, etc. on the site, are only approximate and cannot be a reason for compensation and/or dissolution.

7.2 The FunFetti articles are not suitable for children under the age of 7. Damage caused by misuse, abuse or allergic reaction to FunFetti products cannot be recovered from us.

7.3 Upon delivery you are obliged to check whether the products comply with the agreement. If they do not, you must notify FunFetti in writing, stating reasons, as soon as possible and in any event within 3 calendar days of delivery, or at least after observation was reasonably possible.

7.4 If it is demonstrated that the products do not comply with the agreement, FunFetti has the option of replacing the products in question with new products upon their return or refunding the invoice value thereof.

7.5 If you do not wish to purchase a product for whatever reason, you are entitled to return the product to FunFetti within seven (7) calendar days of delivery. Returns in this case will only and exclusively be accepted after written consultation and with our written approval. In order to prevent abuse of this guarantee our approval will only be given if this guarantee is invoked on the basis of generally acceptable causes and/or conditions. Returns within the framework of this guarantee will only be accepted if undamaged, fully complete, in original packaging and sent by TNT-Post. The order amount will be refunded by FunFetti within thirty (30) days at the latest. You will bear the direct costs of returning the goods.

Article 8. Orders/communication

8.1 FunFetti is not liable for misunderstandings, mutilation, delays or improper transmission of orders and notifications resulting from the use of the Internet or any other means of communication in the traffic between you and FunFetti, or between FunFetti and third parties, insofar as they relate to the relationship between you and FunFetti, unless and insofar as there has been intent or gross negligence on the part of FunFetti.

Article 9. Force majeure

9.1 Without prejudice to the other rights to which it is entitled, in the event of force majeure FunFetti will be entitled, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you of this in writing and without FunFetti being obliged to pay any compensation, unless in the given circumstances this would be unacceptable according to standards of reasonableness and fairness.

9.2 Force majeure is taken to mean any shortcoming which cannot be attributed to FunFetti, because it is not due to its fault and is not for its account by virtue of the law, legal act or generally accepted views.

Article 10. Miscellaneous

10.1 If you provide FunFetti with an address in writing, FunFetti will be entitled to send all orders to that address, unless you provide FunFetti in writing with another address to which your orders are to be sent.

10.2 When FunFetti has allowed deviations from these Conditions, whether tacitly or not, for a short or longer period of time, this does not affect its right to still demand direct and strict compliance with these Conditions. You can never assert any right on the grounds that FunFetti applies these Conditions flexibly.

10.3 If one or more of the provisions of these Conditions or any other agreement with FunFetti should be in conflict with any applicable legal regulation, the provision concerned will lapse and will be replaced by a new comparable provision permissible by law to be determined by FunFetti.

10.4 FunFetti is authorised to use third parties in the execution of your order(s).

Article 11. Applicable law and competent court

11.1 All rights, obligations, offers, orders and agreements to which these Conditions apply, as well as these Conditions, are exclusively governed by Dutch law.

11.2 It may happen that you are not satisfied with a product and/or service. Please contact us as soon as possible by e-mail at: info@funfetti.eu At the latest within 30 days we will respond to your complaint. If this does not succeed, you will be informed of the delay.

11.3 The foregoing is without prejudice to the right to submit a dispute to the competent court.

Rotterdam 2009.