In these general terms and conditions shall apply:
Supplier: Sweet Choice BV, Chamber of Commerce 57443009 registered office in Apeldoorn;
Customer: the party at the Supplier Agreement or other legal relationship;
Agreement: any agreement between the Supplier and the Customer and any amendment or supplement thereto;
Goods: all material issues in implementation of the Agreement to the Purchaser (to be) (af) delivered;
Conditions: these general terms and conditions.
These Conditions apply to all legal relationships between the Supplier and the Customer, including offers, agreements and deliveries.
By placing an order, the customer accepts the applicability of these Terms.
Applicability of terms and conditions of the Customer by the Supplier expressly rejected.
Deviations from and / or additions to these Conditions apply only if and insofar as they have been accepted by an authorized representative of the Supplier in writing. An agreed deviation or supplement relates only to the provision which it has been agreed.
If and to the extent that, on the basis of reasonableness and fairness or unfairness to any provision of these Terms is no appeal can be made, then that provision in content and effect as much as possible similar importance, so that this appeal be done, or the provision in question shall be deemed to have been converted into a provision which does an appeal can be made with a similar meaning as much as possible. terms of content and scope
The void or otherwise unenforceable by any provision of these Terms shall not affect the validity of the remaining provisions of these Terms not.
3 Offer, acceptance and orders
All offers and quotations, in any manner whatsoever, by or on behalf of the Supplier, are free and only as an invitation to place an order.
Offers and commitments engaged by the Supplier agents, representatives and / or employees are only binding if they are confirmed in writing. Supplier
The Supplier is completely free without giving any reason not to accept. Orders of a Customer Refusing an order by the Supplier shall never give any right to (damage).
Agreements are concluded at the time that the Supplier performs the Agreement.
The Customer agrees that the Supplier (part of) an agreement has recourse by third parties.
4. Delivery, transfer of risk and advertising
Supplier has the right to make partial deliveries.
Buyer must investigate whether the Goods conform to the Convention (right product, right quality, right quantity, right expiration date, the absence of damage, etc.). Upon receipt of an order If the goods do not comply with the Agreement, the Purchaser may make them more if he Supplier thereof in visible defects within one business day after delivery, and invisible defects within two business days after discovery, or at least no later than 14 days after delivery, in writing, no appeal has given. (including e-mail) and sufficient detail Furthermore void Customer's right to complain if he lack of cooperation to the Supplier 'investigation into the merits of the complaint.
Changes to technical knowledge in the industry and / or government regulations at the risk of the Purchaser.
Minor or technically unavoidable deviations in quality, quantity, size, color, size, etc. do not constitute grounds for complaint. The same goes for color differences due to light, time frames and / or weathering.
Dispatch of goods is done by non conditioned transport, which the Supplier can not vouch for the change in quality or condition of the Goods as a result of temperature or weather. Changes in the quality or condition of the Goods as a result of temperature or weather conditions are therefore no grounds for complaint.
It can be derived from images on the website of the supplier. No rights
Returns are accepted only after prior written approval of the Supplier. The costs and risks associated with returns are at the expense and risk of the Customer, unless otherwise expressly indicated by the Supplier.
In case of a justified complaint, Supplier shall reimburse reasonable costs of return shipment to the Buyer.
The right to complain shall also cease if the Buyer if the Goods have been put into use, processed and / or edited.
His Goods supplied defective, then the Supplier shall provided all procedural requirements mentioned above are met, the defective Product or replace it with a non-defective product, or the complaint amount corresponding credit to the Customer, this is entirely at the discretion of the Supplier. Supplier excludes all liability for any damage suffered by the Customer in respect defective products, except and insofar as there is intent or gross negligence on the part of the Supplier.
Specified or agreed delivery dates shall be regarded, unless otherwise agreed upon in writing as a deadline.
In the event of late delivery, the Supplier shall be in default after written notice, in which a detailed and reasonable time period that is at least equal to 30 days while the Customer without prejudice to purchase is required for delivery.
If after notice of default onset, the Supplier will consult with Customer on fulfillment or termination of the Agreement.
The Customer may only claim compensation for damage, if this advance has been agreed in writing.
Any Supplier to pay compensation shall never exceed that part of the invoice amount, relating to the Goods, not timely, non-correct or not-fully delivered.
6 Retention of title
Supplier retains title to the goods until all benefits will be payable by the Customer for all delivered by the Supplier or delivering Goods. Fully complied with its
Supplier gives no other or further warranty Goods than the guarantee of its suppliers and / or producers for that right.
In case of defectiveness of Goods delivered, the Supplier's liability is limited to the provisions of Article 4 of these Terms and Conditions.
In all other cases, the Supplier's liability is limited to compensation for damage caused by intent or gross negligence on its or its employees is due. For other damages, in any form or by any sort, connect Supplier any liability.
Supplier excludes liability for damage that arises in connection with the Supplier (or the Supplier intermediaries, agents and employees) notices given, explanations or opinions in the broadest sense, including (but not limited to), regarding charging , unloading, transportation, storage, preservation, use, composition and / or suitability of its goods by third parties or delivered to the Customer.
In no event shall the Supplier is obliged to pay a higher amount than they matter can be increased with its own risk under such insurance. Tales of the damage for which it is held in insurance liability If insurers can not decline to pay if the damage is not covered by insurance, the liability of the Supplier is limited to a maximum of the net invoice value of the delivery, but at all times be limited to a maximum of € 10 000, -.
Supplier stipulates all legal and contractual defenses, which they can invoke, also on behalf of its employees, non-employees to avert its own liability to the Customer Supplier be liable for whose conduct under the law and the suppliers of the Supplier.
Any liability of the Supplier to the Buyer shall lapse after one month after the Goods have been delivered to the Buyer.
The Supplier shall not be liable for any delay, non-delivery or non-proper as a direct or indirect result of force majeure. Force majeure shall include means any circumstance beyond the will and control of the Supplier, the normal execution of the Agreement prevented or so difficult that it can not reasonably be expected of the Supplier which include strikes, illness and / or excessive absenteeism, lack to persons, materials and / or equipment, government action, including import and export measures, deficiencies on the side engaged by Supplier third parties (including subcontractors), defects and / or damage to the means of production, transport problems and / or traffic interference etc. Supplier may also invoke force majeure if the corresponding condition caused majeure occurred after the Supplier should provide.
Without prejudice to parties other rights gives majeure either party to terminate the unfulfilled portion thereof after the force majeure situation has lasted, without either party and will be held. Any compensation again one month the authority Agreement
9 Intellectual Property
All intellectual property rights related documents, sales brochures, pictures, drawings, proposals, specifications, designs, recipes, brands, concepts, url domain names etc, which are provided by the Supplier to the Customer shall remain the property of the Supplier. Buyer is not entitled to apply for a purpose other than that for which they were made. Available to Buyer, to
Buyer is not entitled documents referred to or contained therein or otherwise Purchaser emerging data to reveal to third parties in the preceding paragraph or therein to provide access and will humble the first request of the Supplier immediately return without copies thereof to retain it.
In the event of unauthorized use of the documents - including specifically designed drawings, specifications, proposals, designs, etc. - Customer is obliged to compensate the Supplier for which she suffers, including all losses - but not restricted to - lost revenue / profit and costs associated with the preparation of the relevant documents.
10 Governing law and jurisdiction
All legal relationships between the Supplier and the Customer is governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
The competent court in the district where the registered office is Supplier's exclusive jurisdiction to hear any disputes between Supplier and Customer knowledge.