GENERAL SALES AND DELIVERY TERMS HORECAVOORDEEL.COM
Filed with the Chamber of Commerce and Industry in Alkmaar
1.1 Horecavoordeel provides a service where we link you to one or more of our independent suppliers, importers, wholesalers or manufacturers. Hereafter to be referred to as partners. Horecavoordeel takes your order (s) for them, arranges the payment and ensures that the ordered goods are delivered to you.
1.2 These terms and conditions can only be deviated from if this has been agreed in writing with Horecavoordeel judgment. If tacitly or expressly deviated from these general terms and conditions one or more times, the buyer cannot derive any rights from this with respect to agreements subsequently concluded.
1.3 In these general terms and conditions of sale, "the buyer" means the (prospective) buyer and under "Horecavoordeel": the (prospective) seller, Horecavoordeel.com
1.4 These conditions apply to all our offers and deliveries and also to other than purchase agreements.
1.5 If any provision of these general terms and conditions is void or voidable, the other provisions will remain in full force.
2 OFFERS AND COMPLETION AGREEMENT
2.1 All offers of Horecavoordeel are without obligation and only apply on the day on which the offer is made known to the customer, unless a longer period of validity has been communicated to the customer in writing.
2.2 If Horecavoordeel has made a written offer to the buyer, the purchase agreement shall only take effect after Horecavoordeel has confirmed this in writing to the customer, or has commenced with the execution of the order.
2.3 Vouchers cannot be used on items that are already on offer or on items for which a price has already been fixed through offers.
3 BUYING PRICE
3.1 All prices are exclusive of VAT and excluding deposit money.
3.2 All prices are in euros.
3.3 Horecavoordeel is entitled to increase the agreed price of goods to be delivered, if after an offer or after the conclusion of the agreement there is an increase of the cost-determining factors, including in any case the purchase prices, taxes and levies.
3.4 If the original purchase price under the third paragraph is increased by more than five percent of the original purchase price, the customer has the right to dissolve the agreement. The dissolution must then be made in writing within five days after Horecavoordeel has notified the customer of the price increase.
4 DELIVERY AND RISK
4.1 Unless otherwise agreed in writing, delivery will take place at the distribution centre of the stock-holding partner of Horecavoordeel. The goods to be delivered are for the account and risk of the customer from the moment of leaving the distribution centre.
4.2 Each separate category on the website of Horecavoordeel contains an assortment of one or more partners. This means that the stock of the goods in question can be in multiple physical locations. When ordering from more than one category, below will be calculated the shipping costs of each category of transport costs separately.
4.3 Customer is responsible for the presence of someone at the time of delivery of the ordered goods. If no one is present at the moment of delivery, the carrier will leave a message containing instructions to make a new delivery appointment. Should the carrier charge additional costs, these costs will be borne by the customer.
4.4 If Horecavoordeel has purchased goods for the customer that are exclusively intended for the buyer and which they will purchase on demand, the customer is obliged to take all these goods at the price agreed in advance and within the agreed term.
4.5 Return shipments are only accepted after prior written approval of Horecavoordeel. The costs and risks associated with return shipments are at the risk of the Customer.
5.1 Unless expressly stipulated otherwise at the time of sale, normal quality will be delivered and, as regards type, dimensions, number, etc. per trade unit, normal commercial practices shall be considered as agreed.
5.2 Horecavoordeel is (where applicable) when purchasing, storing and transporting foodstuffs to the requirements set by Dutch legislation. The customer undertakes to comply with Dutch food law and the hygiene code or HACCP system applicable to his branch. If the customer does not meet these requirements, he will lose his claims for whatever reason.
6 ACCEPTANCE AND COMPLAINTS
6.1 If the purchased goods have been ordered by the customer and have been delivered by Horecavoordeel or a Horecavoordeel partner to the customer, the customer will check immediately upon receipt whether the delivered agreement as specified on the delivery note and whether the packaging is undamaged. The Customer will also check immediately after receipt of the invoice whether it contains the correct details. Any complaints resulting from the aforementioned checks must be reported to Horecavoordeel in writing by the customer immediately upon receipt of the ordered goods or invoice.
The buyer immediately checks whether they are in good condition after receipt of purchased food, whether the shelf life is long enough in view of the nature of the foodstuffs and whether the foodstuffs meet the quality requirements that may be imposed on purchased foodstuffs. Insofar as the customer detects defects, the customer will report this immediately in writing to Horecavoordeel. The intended foods must be kept separate by the customer for inspection by Horecavoordeel or one of its partners.
6.3 Other complaints
All other complaints must be submitted in writing to Horecavoordeel within 48 hours after receipt of the goods.
Horecavoordeel does not give any other or further guarantee on Goods than the guarantee of its partners, suppliers and / or producers for the relevant product. If a partner, supplier and / or producer in general does not provide a warranty on an article, then Horecavoordeel guarantees that the item in question has the properties that can be expected of it for a period after purchase, which is reasonable for such products. This period will in no case exceed 6 months. The guarantee applies only in normal use, in accordance with the applicable regulations for the article in question. In the event that the item proves to be defective within this warranty period, the Customer will return it to Horecavoordeel. Horecavoordeel is responsible for repair or replacement of the defective item. More than that, Horecavoordeel cannot be held. In no case is Horecavoordeel obliged to pay any compensation due to the possible defectiveness of Goods during the warranty period. Performing repair and / or alteration work on an product without the written permission of Horecavoordeel makes any guarantee void. The same applies if Goods are not treated and / or cleaned as prescribed.
Complaints and warranty claims do not entitle the customer to suspend payment or to cancel payment in full.
6.6 Lapse of guarantee rights
Customer's right to claim and warranty expires:
* If he has not carefully handled the purchased goods.
* If it has not treated purchased food in accordance with Dutch food law and / or in accordance with the hygiene code applicable to it and / or in accordance with the HACCP system applicable to it.
* If he has processed the purchased item.
* If he has not observed what has been stated in the preceding paragraphs of this article.
If the complaint is well-founded, Horecavoordeel will, at its choice, pay either an equitable compensation of not more than the invoice value of the part of the delivered goods complained, or replace the goods after returning the originally delivered goods. Horecavoordeel is not mandatory until further compensation. Indirect damage is never reimbursed.
7 FORCE MAJEURE
7.1 Horecavoordeel accepts no liability if it is unable to meet its obligations due to force majeure (non-attributable shortcoming).
7.2 Force majeure means in these conditions any circumstance as a result of which fulfilment of the agreement by the seller can no longer reasonably be demanded by the buyer, including in any case war, terrorism, civil war, revolt, flood, strike, lack of personnel, transport problems, power outage , fire, government measures, import and export bans and business failures.
7.3 In the event of force majeure, Horecavoordeel shall be entitled at its discretion either to extend the delivery time by the duration of the impediment or to dissolve the purchase agreement insofar as it is affected by the impediment. If the customer notifies Horecavoordeel of this in writing, Horecavoordeel is obliged to express its choice within eight days.
8 OWNERSHIP RESERVATION
8.1 Horecavoordeel reserves the right of ownership of the goods delivered to the customer until all its claims against the customer, for whatever reason, have been paid.
8.2 As long as the ownership of the goods has not been transferred to the customer, he may not process the goods, pledge them, transfer them in ownership or grant third parties any other right thereto, subject to the provisions of the following paragraph.
8.3 The customer is allowed to process the goods delivered under retention of title in the context of the performance of his normal business or to sell and deliver them to third parties. Outside this case, the customer is obliged to store the goods delivered under retention of title with due care and as recognizable property of Horecavoordeel. In the event of violation of the above provisions, the purchase price will immediately become due and payable in full.
8.4 Horecavoordeel is hereby irrevocably authorized by the buyer to take back the goods delivered under retention of title (or have them taken) without any judicial intervention, summons or notice of default. The customer must cooperate for this purpose on pain of a fine of € 500 per day that he remains in default. By rescinding Horecavoordeel, the agreement will not be dissolved, unless Horecavoordeel has notified the customer.
9.1 Unless otherwise agreed, payment must be made in advance via the one of the payment options on the website of Horecavoordeel.
9.2 If Horecavoordeel agrees with direct debit and this payment goes wrong in one way or another, the customer will still make the payment and the customer will owe default interest from the moment of receipt of the purchased item as referred to in the next paragraph. The other members of this article will apply accordingly.
9.3 Insofar as Horecavoordeel will charge on an exceptional basis, payment shall take place within two weeks of the invoice date unless otherwise agreed. With effect from the first day after the agreed term, the customer shall owe default interest for each month, part of a month for a whole, that the payment has subsequently not been paid, by operation of law, i.e. without a reminder or notice of default being required. of one percent, without prejudice to the claim.
9.4 If the buyer / counterparty is not a natural person who does not act in the exercise of a profession or business (in other words: if the buyer / counterparty is not a consumer), it will apply by the mere occurrence of default regarding the payment obligation extrajudicial ( collection) costs are payable. The amount of these costs is legally standardized in the Decree on compensation for extrajudicial collection costs and amounts to:
* 15% of the amount of the principal sum of the claim over the first € 2,500 of the claim, with the proviso that the costs are at least € 40.00.
* 10% of the amount of the principal sum of the claim over the next € 2,500 of the claim.
* 5% of the amount of the principal of the claim over the next € 5,000 of the claim.
* 1% of the amount of the principal of the claim over the next € 190,000 of the claim.
* 0.5% on the excess of the principal sum with a maximum of € 6,775
9.5 If the customer is in default towards the Horecavoordeel payment, he has the right to suspend the further execution of all agreements between the parties until such payment has been made, while - if otherwise agreed, delivery to account or payment via a granted debit authorization - over the further delivery cash payment can be demanded.
9.6 Should Horecavoordeel receive clear indications regarding insufficient or reduced creditworthiness of the customer before or during the execution of a purchase agreement, then Horecavoordeel shall have the right not to deliver or not to deliver further, unless the customer has provided security for and at its satisfaction. for the correct payment of the purchase price, irrespective of whether this should take place in cash, or if a period of time after delivery has been set for this. In the latter case, on the penalty of immediate payment of the purchase price of the materials already delivered and the cessation of any further delivery, Horecavoordeel may also require a guarantee in time, between delivery and payment.
9.7 The customer is obliged towards Horecavoordeel to the security referred to in paragraph 6 for all that he owes or will owe to Horecavoordeel, even if Horecavoordeel has not proceeded to suspension or discontinuation of its delivery or other performances. The costs of legal assistance, service costs and the like on the side of Horecavoordeel cases are always for the account of the customer.
9.8 If the customer is in default with the payment and Horecavoordeel takes back the delivered goods, using the retention of title as referred to in Article 8, the costs thereof shall be borne by the customer.
9.9 Payments made by the customer are always first of all deducting all costs, then deducting all interest paid and finally deducting the due and payable invoices that have been outstanding the longest, even if the customer states that the payment relates to a later invoice, and all accrued interest. All payments must be made without discount or setoff.
9.10 AfterPay - Postpay (Netherlands, companies)
10 WAN PERFORMANCE
10.1 If the customer does not fulfil his obligations within three working days after being declared in default by Horecavoordeel, Horecavoordeel is entitled to immediately dissolve the purchase agreement without judicial intervention, while retaining any right to compensation.
11 APPLICABLE LAW AND DISPUTES
11.1 Dutch law applies exclusively to the agreement and its implementation.
11.2 All disputes will only be settled by the competent court in the district in which the Horecavoordeel head office is located.