GENERAL TERMS AND CONDITIONS
Version: 1.0
Date: 19 January 2026
Table of Contents
Article 1 – Definitions
Article 2 – Identity of the Kalpáky
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – The Price
Article 8 – Payment
Article 9 – Performance and additional Guarantee
Article 10 – Delivery and performance
Article 11 – Recall (Product Recall)
Article 12 – Intellectual Property
Article 13 – Privacy and Data Protection
Article 14 – Complaints
Article 15 – Disputes
Article 16 – Final Provisions
Article 1 - Definitions
In these General Terms and Conditions, the following terms shall have the following meanings:
Ancillary Agreement: an agreement under which the Consumer acquires Products in connection with a Distance Contract and under which the Products are delivered by Kalpáky or by a third party pursuant to an agreement between that third party and Kalpáky;
Withdrawal Period: the period during which the Consumer may exercise their Right of Withdrawal;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft or profession;
Durable Data Carrier: any device (including email) that enables the Consumer or Kalpáky to store information addressed personally to that party in a way that allows future consultation or use for a period that is appropriate to the purpose of the information, and that permits the stored information to be reproduced unchanged;
Right of Withdrawal: the Consumer's legal right to rescind the Agreement within the Withdrawal Period without giving any reason;
Party(ies): each of Kalpáky and the Consumer, and together Kalpáky and the Consumer;
Product(s): extra virgin olive oil and related goods that Kalpáky offers through the Webshop;
Agreement: the distance contract concluded between Kalpáky and the Consumer through the Webshop for the remote purchase and delivery of Products;
Model Withdrawal Form: the European model withdrawal form set out in Appendix I to these General Terms and Conditions;
Webshop: Kalpáky's online sales channel, available at https://kalpaky.com/;
Written/in Writing: communication by email or letter, with email being treated as written communication
Article 2 – Identity of the Kalpáky
The details relevant to the Consumer concerning the identity of Kalpáky are as follows:
Kalpaky Olives B.V.
Ottho Heldringstraat 3B-23
1066 AZ Amsterdam
The Netherlands
Telephone number: +31616229003
E-mail address: olives@kalpaky.com
Website: https://kalpaky.com/
VAT number: NL867162363B01
Chamber of Commerce (KvK) number: 95516921
Bank: ABN AMRO
Bank account: 0140 2937 60
IBAN: NL45ABNA0140293760
BIC: ABNANL2A
Availability:
Monday to Friday from 10:00 to 17:00.
Article 3 – Applicability
These General Terms and Conditions apply to every offer made by Kalpáky and to every Agreement concluded between Kalpáky and the Consumer.
Before the Agreement is concluded, the text of these General Terms and Conditions shall be made available to the Consumer electronically in such a way that the Consumer can easily save them on a Durable Data Carrier and consult them at a later time. By placing an order, the Consumer declares to have read, understood, and unconditionally accepted these General Terms and Conditions. The terms and conditions are accessible at all times via the footer of every page and at the bottom of the checkout page.
If it is not reasonably possible for Kalpáky to make the General Terms and Conditions available before or at the conclusion of the Agreement in the manner described in the preceding paragraph, Kalpáky shall inform the Consumer of this before the conclusion of the Agreement and indicate how the Consumer can take note of the General Terms and Conditions. In that case, or if the General Terms and Conditions have unexpectedly not been made available to the Consumer before or at the conclusion of the Agreement, Kalpáky shall, at the Consumer’s request, send them to the Consumer without delay and at Kalpáky’s expense electronically or in another manner, unless such sending cannot reasonably be expected of Kalpáky in the specific case.
If specific product conditions apply in addition to these General Terms and Conditions, the second and third paragraphs of this Article shall apply accordingly.
Article 4 – The Offer
If an offer is only valid for a limited time, or is subjected to conditions, this will be clearly stated in the offer.
Each offer includes an accurate description of the Products. The description is detailed enough for the Consumer to assess the Products properly. If Kalpáky uses images, these will be a true representation of the Products offered. Obvious mistakes in the description and/or prices of the Products do not bind Kalpáky.
Article 5 – The Agreement
The Agreement is concluded when the Consumer accepts the offer and complies with the conditions set out in that offer.
If the Consumer accepts the offer electronically, Kalpáky will confirm receipt of that acceptance electronically as soon as possible. Until receipt of the acceptance has been confirmed, the Consumer may – in addition to the provisions of Article 6 of these General Terms and Conditions – terminate the Agreement by sending Kalpáky a clear statement.
Kalpáky takes appropriate technical and organisational measures to secure electronic data transfers and to ensure a secure web environment. If the Consumer can pay electronically, Kalpáky will apply appropriate security measures for that purpose.
Kalpáky may, to the extent permitted by law, assess whether the Consumer is able to meet their payment obligations, as well as any facts and factors that are relevant to the responsible conclusion of the Agreement. If, on the basis of this assessment, Kalpáky has good grounds not to enter into the Agreement, it is entitled to refuse an order or request and shall state its reasons for doing so. Kalpáky may make performance of the Agreement subject to special conditions.
Before the Consumer is bound by the Agreement, Kalpáky will provide the Consumer, in a clear and comprehensible manner, with at least the following information:
a. the main characteristics of the Product, to the extent appropriate to the Product;
b. the identity of Kalpáky as set out in Article 2, including its trade name, geographical address of establishment, telephone number and e-mail address;
c. the total price of the Product including all taxes, and, where the total price cannot reasonably be calculated in advance, the manner in which the price will be calculated; as well as, where applicable, any additional delivery or other costs, or, where such costs cannot reasonably be calculated in advance, the fact that such additional costs may be payable;
d. the method of payment, delivery and performance of the Agreement, and the period within which Kalpáky undertakes to deliver the Products;
e. the existence of the Right of Withdrawal, and the conditions, period and procedure for exercising that right in accordance with Article 6 of these General Terms and Conditions, as well as the Model Withdrawal Form included in Appendix I;
f. where the Right of Withdrawal is excluded: a clear statement that, for sealed Products, the Right of Withdrawal expires as soon as the seal has been broken;
g. where applicable, information about the Consumer’s statutory rights regarding the legal conformity of Products and, if applicable, the existence and conditions of any additional guarantees;
h. where applicable, information on the possibility of access to an out-of-court complaints and dispute resolution scheme and the conditions for such access.
This information is made available via the Webshop in such a way that the Consumer can easily store it on a Durable Data Carrier. Kalpáky will confirm the Agreement on a Durable Data Carrier and will provide the above information again, insofar as it has not already been provided on a Durable Data Carrier before the Agreement was concluded.
Article 6 – Right of Withdrawal
The Consumer may terminate the Agreement during a Cooling-off Period of 14 days without giving any reason. Kalpáky may ask the Consumer for the reason for withdrawal, but the Consumer is not obliged to provide one.
The Cooling-off Period starts on the day after the Consumer, or a third party designated in advance by the Consumer who is not the carrier:
a. receives the Product; or
b. if the Consumer has ordered multiple Products in a single order that are delivered separately, receives the last Product; or
c. if delivery of the Product consists of multiple shipments or parts, receives the last shipment or the last part.
During the Cooling-off Period, the Consumer will handle the Product and the packaging with care. The Consumer will only unpack or use the Product as far as is necessary to determine the nature, characteristics and functioning of the Product. The guiding principle is that the Consumer may handle and inspect the Product only as the Consumer would be permitted to do in a shop.
The Consumer is only liable for any decrease in the value of the Product that results from handling the Product more than is necessary to determine its nature, characteristics and functioning. The Consumer is not liable for any such decrease in value if Kalpáky has not provided the Consumer with all legally required information about the Right of Withdrawal before or at the time the Agreement is concluded.
The Consumer must notify Kalpáky of the withdrawal within the Cooling-off Period. The Consumer must do so by sending a statement to Kalpáky by e-mail, or by sending a Written notice to the address referred to in Article 2. The Consumer may use the Model Withdrawal Form (Appendix I to these General Terms and Conditions) for this purpose, but is not obliged to do so.
The Consumer must return the Product to Kalpáky as soon as possible and in any event within 14 days after notifying Kalpáky of the withdrawal. The direct costs of returning the Product are borne by the Consumer. The Product should preferably be returned with all accessories supplied, in its original condition and, as far as reasonably possible, in its original packaging, in accordance with the instructions provided by Kalpáky. The Consumer bears the risk and the burden of proof that the Right of Withdrawal has been exercised correctly and in time.
If Kalpáky enables the Consumer to notify it of the withdrawal electronically, Kalpáky will immediately send an electronic confirmation of receipt after receiving this notification.
Kalpáky may withhold the refund until it has received the Product, or until the Consumer has demonstrated that the Product has been returned, whichever is earlier.
Refunds will be made free of charge using the same payment method that the Consumer used to pay for the order, unless the Consumer has expressly agreed to a different method of refund.
The Right of Withdrawal is excluded for the delivery of sealed Products that are not suitable to be returned for reasons of health protection or hygiene if the seal has been broken after delivery.
This applies only to Products that Kalpáky has sealed before delivery (for example with a hygiene seal, warranty seal, safety seal or other protective seal) specifically to protect the health or hygiene of the Consumer.
The Right of Withdrawal lapses only if and insofar as the Consumer has broken, opened or damaged this seal after receiving the Product. As long as the seal remains completely intact, the Product may be returned within the Cooling-off Period referred to in this Article.
Kalpáky will inform the Consumer of this ground for exclusion before the Agreement is concluded and/or will state it clearly in the product information in the Webshop.
Article 7 – Price
The prices stated in euros for Products in the Webshop include sales tax (VAT) and, unless explicitly stated otherwise, exclude shipping costs.
Payment is due immediately when placing the order, using one of the electronic payment methods offered in the Webshop.
The shipping costs depend on the Consumer’s delivery address. The Webshop calculates these costs based on the delivery address provided by the Consumer. The applicable shipping and transport costs are shown before the Consumer places the final order.
Kalpáky may change the prices and shipping costs stated in the Webshop at any time for future orders. Such changes do not affect Agreements that have already been concluded.
Discount codes
Kalpáky may from time to time offer the Consumer discount codes or other promotional benefits. Such discount codes and promotions may be used only under the conditions stated by Kalpáky in the relevant offer, on the Webshop or in these General Terms and Conditions.
Discount codes are in principle personal, non-transferable and may be used only once, unless expressly stated otherwise. They are valid only during the specified validity period and only for orders placed via the Webshop.
Unless expressly stated otherwise:
a. only one discount code can be used per order;
b. discount codes are not valid in combination with other discounts, offers or promotions;
c. discount codes cannot be exchanged for cash or otherwise paid out; and
d. a discount code cannot be applied retroactively to orders placed previously.
If the Consumer revokes or cancels (part of) an order for which a discount code has been used, only the amount actually paid by the Consumer will be refunded. In that case, any discount code used will not be reactivated, unless Kalpáky expressly decides otherwise.
Kalpáky is entitled to declare a discount code or promotion invalid, or to refuse or correct its use, if Kalpáky has reasonable grounds to believe that there has been abuse, fraud, an obvious error or a technical malfunction. This is without prejudice to any rights that the Consumer may have under an Agreement that has already been concluded.
Article 8 – Payment
The Consumer must pay the price and all other amounts due under the Agreement using one of the payment methods offered in the Webshop and indicated during the ordering process.
The Consumer must immediately notify Kalpáky of any inaccuracies in the payment details provided by the Consumer or shown in the Webshop.
If the Consumer does not meet the payment obligations on time, the Consumer will owe statutory interest on the outstanding amount. This applies after Kalpáky has notified the Consumer in Writing of the late payment and has granted a period of fourteen (14) days for the Consumer to still meet the payment obligations. Kalpáky is also entitled to charge extrajudicial collection costs. These collection costs are calculated in accordance with the statutory regulations applicable in the Netherlands for extrajudicial collection costs, unless the applicable legislation prescribes a lower amount.
Kalpáky will send invoices and any payment reminders only by e-mail, to the e-mail address provided by the Consumer.
Kalpáky retains ownership of all Products delivered until the Consumer has fully met all payment obligations under the relevant Agreement.
Article 9 – Performance of the Agreement and additional Warranty
Kalpáky guarantees that the Products comply with the Agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations applicable at the time the Agreement is concluded.
Any additional warranty provided by Kalpáky, its supplier, manufacturer or importer will never limit the statutory rights and claims that the Consumer can assert against Kalpáky under the Agreement or the law.
“Additional warranty” means any additional commitment by Kalpáky, its supplier, importer or manufacturer under which the Consumer is granted certain rights or claims that go beyond what Kalpáky, its supplier, importer or manufacturer is legally obliged to provide.
Article 10 – Delivery and Performance
Kalpáky will exercise the utmost care when processing and executing orders for Products.
Delivery will take place only in the countries indicated for this purpose in the checkout. If the Consumer wishes delivery outside these countries, this is only possible after explicit approval by Kalpáky and any resulting price adjustment.
The place of delivery is the delivery address provided by the Consumer to Kalpáky. The Consumer is responsible for the accuracy of the address details provided. The delivery address can be changed only as long as the order has not yet been transferred to the carrier. Any change request after that time may lead to a delay in delivery or may no longer be possible.
Kalpáky will execute accepted orders with due speed. Kalpáky aims to dispatch orders within one (1) to five (5) working days after payment has been confirmed, unless a different delivery period has been expressly agreed. The delivery time after dispatch is approximately one (1) to five (5) working days, depending on the carrier and the destination. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, Kalpáky will inform the Consumer as soon as possible and in any event no later than thirty (30) days after the order was placed. In that case, the Consumer has the right to terminate the Agreement without costs. Kalpáky will then refund any amounts already paid without delay and in any event within fourteen (14) days after termination.
The delivery times stated by Kalpáky are indicative. The mere fact that a delivery time is exceeded does not in itself entitle the Consumer to compensation, without prejudice to the Consumer’s statutory rights in the event of late delivery or non-performance.
Given the nature of the Products (fragile glass and liquids), the Consumer is advised to inspect the package immediately upon receipt for visible damage (such as leakage or broken glass) and to report any defects to Kalpáky as soon as possible, preferably within twenty-four (24) hours, including photographic evidence.
If the carrier is unable to deliver the Products in person, the carrier is entitled to deliver the package to neighbours or to a collection point, in accordance with the carrier’s terms and conditions. The Consumer will be notified of this by or on behalf of Kalpáky.
The risk of damage to and/or loss of the Products rests with Kalpáky until the Products have been received by the Consumer, or by a third party who is not the carrier and who has been designated in advance by the Consumer.
Kalpáky delivers only to Consumers for their own use. Kalpáky reserves the right to refuse orders before the Agreement is concluded if there are valid reasons to believe that the order is intended for commercial resale, or if there is an obvious error in the offer.
If, after the Agreement has been concluded, it appears that there is an obvious error in the offer or abuse (including commercial resale), Kalpáky is entitled to terminate the Agreement. In the event of termination after payment, Kalpáky will refund the amount paid by the Consumer without delay and in any event within fourteen (14) days.
Article 11 – Recall (Product Recall)
If Kalpáky is required, on the grounds of (food) safety or a legal obligation, to recall one or more Products or to take another corrective measure, Kalpáky will immediately inform the Consumer using the contact details known to Kalpáky. Kalpáky will also provide clear instructions on the steps the Consumer must take.
The Consumer must cooperate with a recall or other corrective measure to the extent that this can reasonably be expected. This may include returning the relevant Product in accordance with Kalpáky’s instructions or stopping use of that Product.
In the event of a recall, Kalpáky will refund the purchase price of the Product and any reasonable return costs. In the case of another corrective measure, Kalpáky may instead offer another reasonable and at least equivalent solution, such as replacement of the Product.
Article 12 – Intellectual Property
All intellectual property rights, registered and unregistered, relating to the Webshop and to Kalpáky’s brands, (trade) names, domain names, logos, packaging designs, images, texts, artwork, promotional and marketing materials and other (online) content are the exclusive property of Kalpáky and/or its licensors, unless otherwise provided by law.
The Consumer may not copy, publish, reproduce, modify, distribute or otherwise exploit these intellectual property rights, in whole or in part, without Kalpáky’s prior Written consent, except as set out in the third paragraph of this article and insofar as otherwise permitted by law.
Normal, personal use is permitted. This includes, among other things, taking and sharing photos of the Products on social media for private purposes. Such use must not be misleading or otherwise unlawful towards Kalpáky and, to the extent reasonable, the name or brand of Kalpáky must be correctly mentioned. The Consumer may not use such content in a commercial context or create the impression of an official collaboration with or approval by Kalpáky, unless Kalpáky has given prior Written consent.
By purchasing Products, the Consumer acquires ownership only of the physical Products. The purchase does not include any transfer or licence of intellectual property rights from Kalpáky to the Consumer, except to the extent strictly necessary for the normal use of the Product by the Consumer.
Article 13 – Privacy and Data Protection
Kalpáky processes the Consumer’s Personal Data with care and in accordance with applicable data protection legislation, including the General Data Protection Regulation and the GDPR Implementation Act, insofar as that legislation applies to the relevant processing.
The Privacy Statement can be easily accessed via the Webshop and stored by the Consumer on a Durable Data Carrier. It explains, among other things, how Kalpáky processes Personal Data, the purposes and legal grounds for that processing, any recipients of Personal Data and the rights of the Consumer.
Article 14 – Complaints
The Consumer may submit complaints about the performance of the Agreement to Kalpáky using the contact details provided in these General Terms and Conditions and on the Webshop.
Complaints about the performance of the Agreement must be submitted to Kalpáky as soon as possible after the defect has been discovered and within a reasonable period. The complaint must contain a full and clear description. To enable Kalpáky to investigate the complaint properly, the Consumer should preferably state the order number and date of purchase and, as far as reasonably possible, attach clear photographs of the Product and the packaging.
Complaints received by Kalpáky will be answered within fourteen (14) days from the date of receipt. If a complaint is expected to require a longer processing time, Kalpáky will confirm receipt of the complaint within this period and indicate within what period the Consumer can expect a substantive response.
The Consumer and Kalpáky will endeavour to resolve complaints in mutual consultation within a reasonable period of four (4) weeks. If the parties do not succeed in resolving the complaint within this four (4) week period by mutual agreement, the Consumer may submit the dispute to the competent court of the Consumer’s place of residence or of Kalpáky’s place of business. In addition, the Consumer may use the European ODR platform for online dispute resolution, accessible via: http://ec.europa.eu/consumers/odr
Article 15 – Disputes
Agreements between Kalpáky and the Consumer to which these General Terms and Conditions apply shall be governed by Dutch law.
Article 16 – Final Provisions
Kalpáky may amend or supplement these General Terms and Conditions for future Agreements. Any amendment takes effect on the date of entry into force stated in the amended version. The most recent version of the General Terms and Conditions is always made available via the Webshop.
Agreements that have already been concluded remain subject to the version of the General Terms and Conditions that was in force at the time that Agreement was concluded. Amendments do not have retroactive effect and do not apply to Agreements that have already been concluded.
If Kalpáky amends the General Terms and Conditions in a way that may affect current Agreements or the performance of orders that have already been placed but not yet delivered, Kalpáky will inform the Consumer of this in a timely and clear manner.
These General Terms and Conditions are drawn up in Dutch and are also available in an English translation. In the event of any deviation or inconsistency between the Dutch text and a translation, the Dutch text shall prevail.
Version date: January 19, 2026
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you wish to withdraw from the contract)
- To: Kalpáky Olives B.V.
Ottho Heldringstraat 3B-23
1066AZ Amsterdam
The Netherlands
Telephone number: +31616229003
Email address: olives@kalpaky.com
- We hereby inform you that we* withdraw from our Agreement concerning the sale of the following products: [product description] *
the provision of the following service: [service description]*,
with effect from*
- Ordered on*/received on* [date of order for services or date of receipt for products]
- [Name of Consumer(s)]
- [Address of Consumer(s)]
- [Signature of Consumer(s)] (only if this form is submitted on paper)
- [Date]
* Delete as appropriate or fill in as applicable.
