Terms of service

TERMS OF ONLINE SALE (B2C)

 

 

Article 1: Definitions

1. Olive oil and honey, established in Rotterdam, Commercial Register 80,444,458, referred to as seller in these conditions.

2. The other party vendor is referred to in these terms as copper.

3. The parties buyer and seller together.

4. The agreement refers to the purchase agreement between the parties.

 

Article 2: Applicability General Conditions

1. These terms and conditions apply to all quotations, offers, agreements and deliveries of goods or services by or on behalf of Seller.

2. Deviations from these conditions unless expressly written and agreed by the parties.

 

Article 3: Payment

1. The full purchase price is always immediately met at the store. Bookings are expected in some cases a deposit. In that case the buyer provides proof of the reservation and prepayment.

2. Do not pay on time buyer, then it is in default. Copper remains in default, the seller is entitled to suspend their obligations until the buyer has fulfilled its payment obligations.

3. Let the buyer defaults, then the seller will proceed to recovery. The costs relating to the recovery shall be borne by the buyer. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.

4. In case of liquidation, bankruptcy, seizure or suspension of payment of the buyer's claims seller to the buyer immediately due and payable.

5. buyer refuses to cooperate with the execution of the contract by the seller, he is still obliged to pay the Seller the agreed price.

 

Article 4: Offers, quotations and price

1. Offers are not binding unless called an acceptance period in the offer. If the offer is not accepted within the deadline, the offer lapses.

2. Delivery times in quotations are indicative and copper exceeded them no right to rescission or damages, unless the parties expressly and otherwise agreed in writing.

3. Offers and tenders shall not apply automatically to repeat orders. Parties must expressly and in writing.

4. on offers and invoices quoted price includes the purchase price, including the VAT and any other government levies.

 

Article 5: Right of withdrawal

1. The consumer has the right to terminate the agreement without giving any reason within 14 days of receipt of the order (withdrawal). The period starts from the moment the (entire) order is received by the consumer.

2. There is no right of withdrawal if the products are made according to his specifications customized or only short shelf life.

3. The consumer can use the withdrawal form of seller. Seller is obliged to inform it immediately upon the demand of copper to copper available.

4. During this period the consumer will carefully handle the product and packaging. He will be the product only to unpack or use the product to the extent necessary to assess whether he wishes to retain. If he exercises his right of withdrawal, he will be unused and undamaged product with all accessories and - if reasonably possible - return in the original shipping container to the seller in accordance with the reasonable and clear instructions provided by the entrepreneur.

 

Article 6: Amendment of Agreement

1. If during the implementation of the Agreement it appears that it is necessary for proper execution of the assignment to change or supplement the work to be performed, the Parties shall adapt the agreement accordingly.

2. If the parties agree that the agreement is amended or supplemented, the time of completion of the execution may be affected. The seller informs the buyer of this as soon as possible.

3. If the amendment to or supplement to the agreement has financial and / or qualitative consequences, the seller informed the buyer in writing about this.

4. If the parties have agreed a fixed price, the seller indicates to what extent the change or supplement to the agreement results in an exceeding of this price.

5. By way of derogation from the provisions of the third paragraph of this Article, the seller may not charge any additional costs if the change or supplement is the result of circumstances that can be attributed to him.

 

Article 7: Delivery and risk transition

1. Once the purchased purchased by the buyer has been received, the risk of seller is going to buyer.

 

Article 8: Research, commercials

1. Buyer is obliged to examine the delivered delivery at the time of (off) delivery, but in any case to (do) within the shortest possible time. In addition, the buyer should investigate whether quality and quantity of the delivered corresponds to what the parties have agreed, at least that quality and quantity meet the requirements that apply in normal (trade) traffic.

2. Complaints with regard to damage, deficiencies or loss of goods delivered must be submitted in writing to the seller within 10 working days of the day of delivery of the goods.

3. In the event of a temptation of the complaint within the stated period, the seller has the right to either restore or re-deliver, or to refrain from delivery and buyer to send a credit note for that part of the purchase price.

4. Low and / or in the branch usual abnormalities and difference in quality, number, size or finish cannot be caught seller.

5. Complaints regarding a specific product have no influence on products or parts belonging to the same agreement.

6. After processing the goods at the buyer, no complaints are no longer accepted.

 

Article 9: Samples and models

1. If a sample or model is shown or provided to the buyer, the suspected is only provided as an indication without the need to answer the case to be delivered. This is different if the parties have expressly agreed that the case to be delivered will correspond.

2. Agreements in respect of an immovable property indication of the area or other dimensions and indications are also suspected of being intended only as an indication, without the need to meet the case to be delivered.

 

Article 10: Delivery

1. Delivery takes place 'ex works / shop / warehouse'. This means that all costs are for buyer.

2. The buyer is obliged to decrease the goods when seller delivers or deliver it to him or at the time when these issues are made available to him according to the Agreement.

3. If the buyer refuses or negligent in providing information or instructions that are necessary for delivery, the seller is entitled to save the case for the account and risk of buyer.

4. If things are delivered, the seller is entitled to charge any delivery costs.

5. If the seller needs copper data for the implementation of the agreement, the delivery time arranges after buyer has made this data available to the Seller.

6. A delivery term specified by the seller is indicative. This is never a fatal term. When the period is exceeded, the buyer must give a seller written notice.

7. Seller is entitled to deliver things in parts, unless the parties have agreed otherwise in writing or no self-employed value. With delivery in parts, the seller is entitled to invoice these parts separately.

 

Article 11: Force majeure

1. Seller may not meet his obligations from the agreement in time or not properly or not by force majeure, he is not liable for damage suffered by buyer.

2. Force majeure means any circumstances that the seller could not take the seller at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by buyer such as, for example, illness, war or war hazard, Civil war and riot, molest, sabotage, terrorism, energy failure, flood, earthquake, fire, business occupation, work strikes, workmen exclusion, changed government measures, transport difficulties, and other disturbances in the seller's company.

3. Furthermore, the Parties under force majeure means the circumstance that suppliers of which seller depends on the execution of the agreement, does not meet the contractual obligations towards the seller, unless this is to blame.

4. If a situation referred to above as a result of which the seller cannot meet his obligations towards the buyer, then those obligations are suspended as long as seller cannot meet his obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to dissolve the agreement in writing in writing or partially.

5. In the event that the force majeure continues for more than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done via a registered letter.

 

Article 12: Transfer of rights

1. Rights of a party from this Agreement cannot be transferred without the prior written consent of the other party. This provision serves as a clause with property law as referred to in Article 3:8343, second paragraph, civil code.

 

Article 13: Retention of title and retention law

1. The goods present and delivered goods and parts available at the Seller remain the property of the seller until buyer has paid the entire agreed price. Until then, seller can rely on his retention of title and take back things back.

2. If the agreed amounts to be paid are not or not to be paid on time, the seller has the right to suspend the work until the agreed part is still met. There is then creditor absence. In that case, a late delivery cannot be contradicted to the seller.

3. Seller is not authorized to pledge the goods covered by his retention of title or to object to any other way.

4. Seller undertakes to insure the goods delivered under retention of title to the buyer and to keep insured against fire, explosion and water damage as well as to theft and to inspect the policy at first request.

5. If issues have not yet been supplied, but the agreed prepayment or price has not been met in accordance with agreement, seller has the right to retention. The case is then not delivered until buyer has paid in full and in accordance with appointment.

6. In case of liquidation, insolvency or suspension of payment of buyer, buyer's obligations are immediately due and payable.

 

Article 14: Liability

1. Any liability for damage resulting from or related to the implementation of an agreement is always limited to the amount paid out by the closed liability insurance (s) in the relevant case. This amount is plus the amount of the deductible according to the relevant policy.

2. Not excluded is the liability of the seller for damage that is the result of intent or conscious reckless seller or his managerial subordinates.

 

Article 15: Compulsory education

1. Buyer is obliged to report complaints about the work performed directly to the seller. The complaint contains a detailed possible description of the shortcoming, so that seller is able to respond adequately to this.

2. Is a complaint well-founded, then the seller is obliged to correct it correctly and possibly replaced.

 

Article 16: Guarantees

1. If guarantees are included in the agreement, the following applies. Seller guarantees that the sold agreement meets the agreement that it will function without defects and that it is suitable for the use that copper intends to make it. This warranty applies to a period of two calendar years after receiving the sold by buyer.

2. The aimed guarantee shall ensure such a risk distribution between the seller and buyer that the consequences of an infringement of a warranty are always fully at the expense and risk of the seller and that seller can never be infringed on a guarantee. Professions on Section 6:75 of the Dutch Civil Code. The provisions of the previous sentence also apply if the breaker was known or could have been known by the conduct of research.

3. The aforementioned warranty does not apply if the defect has arisen as a result of improper or improper use or when - without permission - copper or third parties have made changes or have been attempted to apply or the purchased have used for purposes for which it is not intended .

4. If the guarantee provided by the seller relates to a case produced by a third party, the warranty is limited to the guarantee provided by that producer.

 

Article 17: Applicable law and competent court

1. Only Dutch law applies to every agreement between the parties.

2. The Dutch court in the district where olive oil & honey is established / practice keeps track of / office is exclusive to take note of any disputes between the parties unless the law prescribes otherwise.

3. The applicability of the Vienna Sales Convention is excluded.

4. Where one or more provisions of these General Terms and Conditions are considered unreasonably evacuating in a legal proceedings, the other provisions remain in terms of effect.