Terms of service

Version: V1 | May 20, 2025

1. Definitions
In these General Terms and Conditions, the following terms shall have the meanings ascribed to them:

Chill Pepper BV: The private limited company Chill Pepper BV, located in Soest, registered with the Chamber of Commerce under number 97199249.

Customer: The natural person or legal entity entering into an Agreement with Chill Pepper BV. A distinction is made between:

Consumer: The natural person who does not act in the exercise of a profession or business.

Business Customer: The natural person or legal entity who acts in the exercise of a profession or business.

Products: All goods offered and supplied by Chill Pepper BV.

Agreement: Any agreement established between Chill Pepper BV and the Customer, of whatever nature.

Website: The website of Chill Pepper BV, accessible via www.chill-pepper.com.

In Writing: 'In writing' also includes communication by e-mail.

2. Applicability
2.1 These General Terms and Conditions apply to every offer from Chill Pepper BV, every order, and every Agreement concluded between Chill Pepper BV and the Customer.
2.2 Before the Agreement is concluded, the text of these General Terms and Conditions shall be made available to the Customer. If this is not reasonably possible, it will be indicated before the Agreement is concluded that the General Terms and Conditions can be consulted at Chill Pepper BV and will be sent free of charge upon request of the Customer. The General Terms and Conditions can also always be consulted, downloaded, and/or saved via the Website.
2.3 Deviations from these General Terms and Conditions are only valid if expressly agreed upon in Writing between Chill Pepper BV and the Customer.
2.4 The applicability of any of the Customer's own purchase or other conditions is expressly rejected.
2.5 If one or more provisions in these General Terms and Conditions are wholly or partially void or annulled at any time, the remaining provisions in these General Terms and Conditions shall remain fully applicable. Chill Pepper BV and the Customer shall then consult to agree on new provisions to replace the void or annulled provisions, taking into account the purpose and intent of the original provisions as much as possible.

3. The Offer
3.1 All offers from Chill Pepper BV are non-binding, unless expressly stated otherwise.
3.2 The Products are presented clearly and truthfully on the Website. Obvious errors or mistakes in the offer do not bind Chill Pepper BV.
3.3 Images of Products are a truthful representation, but minor deviations in color or detail due to, for example, screen settings may occur and cannot be a reason for the dissolution of the Agreement.

4. The Agreement
4.1 The Agreement is concluded, subject to the provisions of paragraph 4.4, at the moment of acceptance by the Customer of the offer and fulfillment of the conditions set forth therein.
4.2 If the Customer has accepted the offer electronically, Chill Pepper BV will promptly confirm receipt of the acceptance of the offer electronically. Until the receipt of this acceptance has been confirmed by Chill Pepper BV, the Consumer may dissolve the Agreement.
4.3 Chill Pepper BV has the right to refuse orders or to attach special conditions to the delivery, unless expressly stated otherwise. If an order is not accepted, Chill Pepper BV will inform the Customer as soon as possible, but in any case within 14 days after receiving the order.
4.4 Chill Pepper BV may – within legal boundaries – inquire about the Customer's ability to meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the Agreement. If, based on this investigation, Chill Pepper BV has good grounds to not enter into the Agreement, it is entitled to refuse an order or application with a reasoned explanation or to attach special conditions to its execution.
4.5 Territory and Distribution Restrictions
Chill Pepper Business Customers and Distributors (collectively referred to as "Resellers") are strictly authorized to sell and promote products exclusively within their designated geographic region or country of operation.

EU & UK Resellers: Resellers located within the European Union (EU) and the United Kingdom (UK) are permitted to sell only within the EU, the UK, Norway, and Switzerland.

Cross-Border Restrictions: Resellers are strictly prohibited from actively marketing, exporting, or shipping products to consumers or businesses outside of their designated territory (e.g., an EU-based reseller may not sell or ship to customers in the United States).

5. Prices and Payment
5.1 All listed prices are in Euros (€).
5.2 For Consumers, prices include VAT and any legally required charges, unless stated otherwise. Shipping costs are stated separately and are for the account of the Consumer, unless otherwise agreed.
5.3 For Business Customers, prices are exclusive of VAT and any legally required charges, unless stated otherwise. Shipping costs and other costs (such as import duties) are stated separately and are for the account of the Business Customer, unless otherwise agreed.
5.4 Payment must be made via the payment methods offered on the Website, or as agreed in Writing. Payment shall be made prior to delivery or shipment, unless otherwise agreed.
5.5 In case of late payment by the Business Customer, the Business Customer shall be in default by operation of law and, without further notice of default, shall owe a late payment interest of 1% per month or part thereof, unless the statutory commercial interest is higher, in which case the statutory commercial interest shall apply. Furthermore, the Business Customer shall owe all extrajudicial collection costs, which amount to a minimum of 15% of the amount owed with a minimum of € 75.
5.6 In case of late payment by the Consumer, the Consumer will receive a reminder with a deadline of 14 days to pay. If payment has not been made after this period, the Consumer shall owe statutory interest and statutory collection costs.

6. Delivery and Execution
6.1 Chill Pepper BV shall exercise the greatest possible care in receiving and executing orders for Products.
6.2 The address provided by the Customer to Chill Pepper BV shall serve as the place of delivery.
6.3 Chill Pepper BV shall deliver accepted orders with due care, but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the Customer will be notified of this no later than 30 days after placing the order. In that case, the Consumer has the right to dissolve the Agreement free of charge. In case of dissolution, Chill Pepper BV shall refund the amount paid by the Customer as soon as possible, but within 14 days after dissolution.
6.4 The risk of damage and/or loss of Products rests with Chill Pepper BV until the moment of delivery to the Customer or a previously designated representative known to Chill Pepper BV, unless expressly agreed otherwise. For Business Customers, the risk transfers at the moment the Products are handed over to the first carrier.

7. Right of Withdrawal (Consumers only)
7.1 The Consumer may dissolve an Agreement regarding the purchase of a Product within a cooling-off period of 14 days without giving any reason. Chill Pepper BV may ask the Consumer for the reason for withdrawal, but is not obliged to provide them with a reason.
7.2 The cooling-off period referred to in paragraph 7.1 commences on the day after the Consumer, or a third party designated by the Consumer who is not the carrier, has received the Product.
7.3 During the cooling-off period, the Consumer shall handle the Product and its packaging with care. The Consumer shall only unpack or use the Product to the extent necessary to determine the nature, characteristics, and functioning of the Product. The starting point is that the Consumer may only handle and inspect the Product as they would be allowed to do in a store.
7.4 If the Consumer exercises their right of withdrawal, they shall notify Chill Pepper BV within the cooling-off period by means of the model form for withdrawal or by any other unambiguous statement.
7.5 The Consumer shall return the Product as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph
7.4. The Consumer shall bear the direct costs of returning the Product.
7.6 Chill Pepper BV shall refund all payments made by the Consumer, including any delivery costs charged by Chill Pepper BV for the returned Product, without delay but no later than 14 days after the day on which the Consumer reported the withdrawal. Unless Chill Pepper BV offers to collect the Product itself, Chill Pepper BV may withhold reimbursement until it has received the Product or until the Consumer has demonstrated that they have returned the Product, whichever is earlier.
7.7 Exclusion of the right of withdrawal is possible for products that spoil or age quickly, products that are opened after delivery and are no longer suitable for return for reasons of health protection or hygiene, or products that are specially manufactured for the Consumer (custom-made), provided this is clearly stated in the offer.

8. Conformity and Warranty
8.1 Chill Pepper BV guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing at the date of the conclusion of the Agreement.
8.2 A warranty provided by Chill Pepper BV, manufacturer, or importer does not affect the legal rights and claims that the Consumer can assert against Chill Pepper BV based on the Agreement.
8.3 Complaints about defects in delivered Products must be submitted in Writing, with motivation and in as much detail as possible, by the Customer to Chill Pepper BV after discovery of the defect.
8.4 Complaints do not suspend the Customer's payment obligation.
8.5 If a complaint is well-founded, Chill Pepper BV shall, at its discretion, replace or repair the Product, or pay a reasonable compensation to the Customer. This shall be done free of charge for the Consumer.

9. Complaint Procedure
9.1 Complaints about the execution of the Agreement must be submitted to Chill Pepper BV within a reasonable time, fully and clearly described, after the Customer has discovered the defects.
9.2 Complaints submitted to Chill Pepper BV will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Chill Pepper BV will respond within the 14-day period with a confirmation of receipt and an indication of when the Customer can expect a more detailed answer.
9.3 If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution procedure.
9.4 For Consumers, there is the option to submit a dispute via the European ODR platform (Online Dispute Resolution): http://ec.europa.eu/consumers/odr/.

10. Liability
10.1 Chill Pepper BV is not liable for damage of any nature whatsoever, caused by Chill Pepper BV relying on incorrect and/or incomplete data provided by or on behalf of the Customer.
10.2 The liability of Chill Pepper BV for direct damage to the Customer is limited to a maximum of the order value, or to the amount that Chill Pepper BV's liability insurance pays out in the relevant case, plus the deductible.
10.3 Chill Pepper BV is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage due to business stagnation.
10.4 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Chill Pepper BV or its managing subordinates.
10.5 Use of the Products by children must at all times be under adequate supervision of an adult, in accordance with the age recommendations and safety warnings on the packaging and/or with the Product. Chill Pepper BV is not liable for damage resulting from incorrect use of the Products or use without supervision.

11. Retention of Title (especially for Business Customers)
11.1 All delivered Products remain the property of Chill Pepper BV until the Business Customer has fully met all obligations arising from all Agreements concluded with Chill Pepper BV.
11.2 As long as the ownership of the delivered Products has not transferred to them, the Business Customer is not authorized to pledge the Products or to encumber them in any other way.

12. Intellectual Property
12.1 All intellectual property rights relating to the Products, designs, concepts, logos, texts, images, the Website, and all other materials developed or used by Chill Pepper BV exclusively vest in Chill Pepper BV, unless otherwise agreed in Writing.
12.2 The Customer may not use, reproduce, or publish Chill Pepper BV's intellectual property rights without prior written permission from Chill Pepper BV.

13. Privacy and Data Processing
13.1 Chill Pepper BV processes the Customer's personal data in accordance with the General Data Protection Regulation (GDPR). More information about this can be found in Chill Pepper BV's Privacy Policy, available on the Website.

14. Applicable Law and Disputes
14.1 All legal relationships to which Chill Pepper BV is a party are exclusively governed by Dutch law, with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). As the Netherlands is a member of the European Union, this includes the implementation of relevant European law.
14.2 Disputes between Chill Pepper BV and the Business Customer shall be exclusively submitted to the competent court in the place of establishment of Chill Pepper BV, unless mandatory law dictates otherwise.
14.3 Disputes between Chill Pepper BV and the Consumer may be submitted by the Consumer to the competent court in their place of residence or to the competent court in the place of establishment of Chill Pepper BV.

15. Modification of General Terms and Conditions
15.1 Chill Pepper BV reserves the right to amend these General Terms and Conditions.
15.2 Amendments will take effect after they have been published on the Website. In the event of amendments that are detrimental to the Consumer, the Consumer has the right to dissolve the Agreement as of the day the amendment takes effect.

Soest, May 20, 2025 Chill Pepper BV Birkstraat 114 3768HL Soest The Netherlands Consumers: info@chill-pepper.com Business Customers: retail@chill-pepper.com Website: www.chill-pepper.com Phone: +316 2842 3527