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The following general terms and conditions are used by Horecarte B.V., established in Stolwijk at Nijverheidsweg 20F 2821AW Stolwijk, the Netherlands.
- Applicability
All agreements concluded by or on behalf of Horecarte B.V. are subject to the general terms and conditions used by Horecarte B.V.. Deviation from the provisions in the general terms and conditions will only take place after this has been explicitly agreed in writing with Horecarte B.V.. Horecarte B.V. rejects an appeal to its own purchase conditions in advance, unless the applicability of these purchase conditions is explicitly confirmed in writing by Horecarte B.V. to the buyer.
- Offers
All offers made by Horecarte B.V. are made without obligation. An agreement with Horecarte B.V. will only be established after Horecarte B.V. has confirmed this in writing or by e-mail, or from the time at which Horecarte B.V. has started to carry out its obligations.
All offers from Horecarte B.V. are made under the condition as long as the stock of Horecarte B.V. or its suppliers extends.
- Conformity
Measurements, weights and technical data stated within our offers, catalogs, stock lists, circular and other advertising material, as well as the drawings and images entered therein, are only approximate and are without obligation, unless Horecarte B.V. has one of the aforementioned elements. Express warranty has been provided.
- Prices
All prices shown are subject to printing and typing errors. No liability is accepted for any consequences of those printing and typesetting errors. The prices shown by Horecarte B.V. are without obligation in the sense that they are based on the factory prices applicable at that time, exchange rates of foreign currencies, import duties and similar taxes, insurance rates, freight, taxes, margin schemes and other such factors. If changes occur in one or more of the aforementioned factors before delivery has taken place, Horecarte B.V. is authorized to adjust agreed prices proportionally to the increase of one or more of the aforementioned factors. Unless stated otherwise, prices are per item and excluding 21% sales tax and others on the sale and delivery of government charges.
- Orders
Orders will only be processed after the ordering procedure as stated on the website www.horecarte.nl has been completed in full. For misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in traffic between Horecarte B.V. and its customers, or between Horecarte B.V. and third parties, insofar as these relate to the the order placed with Horecarte B.V. by the customer, Horecarte B.V. is never liable, unless there was a question of intent or gross negligence on the part of Horecarte B.V..
- Changes
Cancellation of an agreement concluded with Horecarte B.V. can only take place after explicit and written permission from Horecarte B.V.. The buyer is obliged to compensate Horecarte B.V. for all damage and costs arising from this for Horecarte B.V.. After the conclusion of an agreement, a change to that agreement that has been communicated to Horecarte B.V. can only be binding after Horecarte B.V. has given its explicit and written permission.
- Freight Surcharge
A freight surcharge applies to all episodes of Horecarte B.V.. The amount of this surcharge is clear to the buyer in the ordering process. Orders above € 300.00 excl. VAT are free of charge. With the exception of the islands. If you are not present on the indicated delivery day and we have to resubmit the order, we are forced to charge extra costs for this. The costs are € 9.75 excl. VAT.
- Risk transfer
The risk of destruction and/or deterioration of the goods delivered by Horecarte B.V. transfers to the buyer after Horecarte B.V. has delivered the goods to the delivery address specified in the order confirmation.
- Decrease obligation
The buyer is obliged to take delivery of the purchased goods at the time they are delivered to the agreed address. If the buyer refuses the purchase or is negligent in providing information or instructions necessary for the delivery, the goods will be stored at the risk of the buyer. The buyer will in that case owe all additional costs, including at least storage costs.
- Delivery times
The delivery times specified by Horecarte B.V. are only approximate, unless a specific delivery period is guaranteed. Even then, a delivery time is never a strict deadline. In the event of late delivery, the buyer must therefore give Horecarte B.V. written notice of default. When Horecarte B.V. is unable to meet its delivery times due to a circumstance that is not caused by any act or omission of Horecarte B.V., but is the result of an external cause, including but not limited to failure to deliver, or at least not being able to deliver on time due to lack of delivery by the suppliers of Horecarte B.V., this shall be deemed to be force majeure between the parties. In these circumstances, the delivery time will be extended by a period of time equal to that of the continuation of the delaying circumstances. Barring gross negligence or intention on our part, exceeding the delivery time does not give the buyer the right to total or partial dissolution of the agreement concluded with Horecarte B.V.. If delivery is not fulfilled within 6 months after the conclusion of the agreement, both parties have the right to terminate the agreement in whole or in part.
Horecarte B.V. is permitted to deliver the sold goods in parts.
- Exclusion of liability
Unless intent or gross negligence on the part of Horecarte B.V., Horecarte B.V. is not liable for any form of consequential damage, including additional compensation in any form whatsoever, compensation for indirect damage or loss due to lost turnover or profit. Horecarte B.V. is never obliged to compensate more damage than the damage covered by its liability insurer. If the insurance does not pay out, Horecarte B.V. is never obliged to compensate more damage than the value of the agreement, at least the invoice amount.
If at any time a clause in these general terms and conditions should be annulled, this will maintain the validity of the other terms and conditions.
- Payment
Payment of the amount invoiced by Horecarte B.V. must be made prior to delivery. As soon as Horecarte B.V. has verified that the amount to be paid has been credited to Horecarte B.V.'s bank account, it will proceed to dispatch the product. Payment of the amount due to Horecarte B.V. must take place within 2 days after the invoice date. Unless explicitly agreed otherwise in writing, a payment from the buyer will first be deducted from the oldest invoice that has expired, on the understanding that Horecarte B.V. is always authorized to designate an outstanding invoice at its choice on which invoice the payment will be deducted.
- Exclusion settlement
The buyer is not authorized to set off the purchase price against any claim due to it, nor is the buyer entitled to suspend its obligations under the agreement concluded with Horecarte B.V..
If the Buyer fails to meet its payment obligation towards Horecarte B.V. in time, the default will come into effect immediately and the buyer will owe the statutory interest on the invoices outstanding at that moment. In the event of late payment, the buyer is obliged to pay a full compensation for the extrajudicial collection costs, which are set at 15% of the principal sum, with a minimum of € 50.00.
In the event of liquidation, bankruptcy or suspension of payment from the buyer, the obligations of the buyer are immediately due and payable.
In the event of late payment of Horecarte B.V.'s invoices, Horecarte B.V. is entitled to suspend its obligations under current agreements with the buyer, and it is entitled to demand security for the fulfillment of any obligation of the buyer under the agreements concluded with Horecarte B.V.. This security can, at the option of Horecarte B.V., consist of a bank guarantee, mortgage or lien, or bail.
- Retention of title and reserved lien
The goods delivered by Horecarte B.V. remain the property of Horecarte B.V. until the buyer has fulfilled all obligations arising from all agreements concluded with Horecarte B.V., including the consideration(s) with regard to the goods to be delivered itself, the consideration(s) with regard to the services provided or to be provided by Horecarte B.V. pursuant to the purchase agreement, or claims of Horecarte B.V. against the purchaser for the purchaser's non-compliance with the agreement.
The buyer is obliged to deliver the goods delivered by Horecarte B.V. under retention of title to Horecarte B.V. at the first request. The buyer already grants Horecarte B.V. irrevocable authorization to enter the purchaser's sites, in order to take back the delivered goods, all this without prejudice to Horecarte B.V.'s rights to full compensation.
Goods delivered to the buyer by Horecarte B.V. which fall under the retention of title of Horecarte B.V. may only be resold in the context of normal business operations. The buyer is not authorized to pledge the goods, other than the reserved right of pledge mentioned below, or to establish any other right on this.
Horecarte B.V. hereby reserves the goods delivered that have been transferred to the purchaser by payment and that are still in the purchaser's hands, in that case the pledges as referred to in article 3: 237 of the Dutch Civil Code, to the greater certainty of any other claim that Horecarte B.V. may have against the buyer. The buyer is also obliged to cooperate in establishing a lien as aforementioned on the goods delivered by Horecarte B.V. that have been processed or processed by the buyer, as a result of which the retention of title of Horecarte B.V. has expired. The buyer is obliged at the first request of Horecarte B.V. to cooperate to this end in all necessary actions for the establishment of the reserved lien.
If third parties wish to establish or assert any right to the goods delivered by Horecarte B.V. under its own reservation, the buyer is obliged to inform Horecarte B.V. of this as soon as reasonably possible.
At the first request from Horecarte B.V., the buyer undertakes to insure the goods delivered under retention of title and to keep them insured for fire, explosion and water damage and against theft. The buyer further undertakes to pledge all claims of the buyer against the insurer with regard to the goods delivered under retention of title to Horecarte B.V. in the manner prescribed in article 3: 239 of the Dutch Civil Code.
- Warranty
Horecarte B.V. guarantees that the goods delivered by it meet the requirements to be made in normal traffic for a period of 12 months after delivery.
Buyer does not invoke the guarantee obligation of Horecarte B.V. if buyer himself has made changes or repairs to the delivered goods, has them delivered used for purposes other than normal business purposes, or if the buyer has acted improperly in the delivered goods, used or maintained.
Horecarte B.V. will never accept any more extensive obligations or guarantees, than the obligation to, at Horecarte B.V.'s option, replace, credit or repair the products delivered by Horecarte B.V. that are defective. Horecarte B.V. is never obliged to compensate damage if goods have been delivered under a manufacturer's or importer's guarantee. In that case, handling the warranty claim is entirely at the discretion of the manufacturer or importer concerned.
The buyer indemnifies Horecarte B.V. against all damage that may arise for Horecarte B.V. as a result of claims that third parties may obtain in connection with the goods delivered to the buyer by Horecarte B.V..
- Complaints
The buyer must inspect the purchased goods upon delivery or as soon as possible thereafter. Hereby the buyer must check whether the delivered goods comply with the agreement, namely: whether the correct goods have been delivered, whether the delivered goods correspond in terms of quantity with the agreed, or whether the delivered goods meet the agreed quality requirements.
If visible defects or shortages are found, the buyer must report these in writing to Horecarte B.V. within 7 days after delivery.
Non-visible defects must be reported by the buyer in writing to Horecarte B.V. within 3 days after discovery.
If the complaint concerns incorrectly delivered or incorrectly packaged goods, or goods that have been delivered damaged, the buyer must have his written complaint accompanied by the relevant packing list.
Claim is only valid if the packaging is still in its original state.
If goods have been assembled or processed by the buyer, a complaint is no longer permitted on any grounds, even if it is submitted within the stipulated period.
Even if the buyer complains in time, his obligation to pay and to take delivery of the goods to be delivered remains. Goods can only be returned after prior written permission from Horecarte B.V..
In cases exclusively for our review, for goods other than those mentioned above, goods delivered by Horecarte B.V. can be taken back and credited by Horecarte B.V., provided that the date of delivery is not older than 30 days, the goods are still in original condition and packaging and the goods at that time belong to the Horecarte B.V. stock assortment. In such a case in which Horecarte B.V. undertakes completely without obligation to take back goods and credit it, it is authorized to charge the buyer with crediting costs, which consist of 5% of the original order sum (excluding VAT), with a minimum of € 25.00.
- Reflection time and dissolution
In the case of consumer sales, the other party has the right to cancel the purchase for 7 days after receipt of the good by means of a written statement to that effect, with the exception of customization and products that are not stock items. In that case we charge 25 to 30% cancellation costs depending on the product. The other party must return the goods unopened and unused to Horecarte B.V. as quickly and for its own account. Horecarte B.V. will refund the amount paid to it by the other party as soon as possible and in any case within 30 days after the dissolution.
- Disruptions
You can report malfunctions to us by e-mail or telephone on all workdays.
- Approvals and restrictive regulations for use or sale in another country
Products that must be provided with a quality mark under Dutch legislation are supplied by us in the version for which the quality mark was issued. In addition, we also carry products that do not have a Dutch quality mark.
The products offered by us are in principle intended for sale on the Dutch market. Sales or installation of these products in other countries may be subject to restrictions or restrictions. are not permitted and are at the risk of the other party
- Data management
If you place an order with Horecarte B.V., your details will be included in the Horecarte B.V. customer base. Horecarte B.V. adheres to the Data Protection Act and will not provide your information to third parties.
Horecarte B.V. respects the privacy of the users of the website and ensures confidentiality of your personal information. In some cases, Horecarte B.V. uses a mailing list. Each mailing contains instructions to remove yourself from this list.
- Intellectual property and copyrights
Without prejudice to the other provisions of these general terms and conditions, Horecarte B.V. reserves the rights and powers that Horecarte B.V. is entitled under the Copyright Act. The other party is not permitted to make changes to the goods, unless it follows otherwise from the nature of the delivered goods or it has been agreed otherwise in writing. Any designs, sketches, drawings, films, software and other materials or (electronic) files created by Horecarte B.V. in the context of the agreement remain the property of Horecarte B.V., regardless of whether these are available to the other party or to third parties. unless otherwise agreed. All documents provided by Horecarte B.V., such as designs, sketches, drawings, films, software, (electronic) files, etc., are exclusively intended for use by the other party and may not be reproduced by him without prior permission from Horecarte B.V. made public or made available to third parties, unless the nature of the documents provided indicates otherwise.
Horecarte B.V. reserves the right to use any knowledge that may have increased as a result of performing the work for other purposes, provided that no confidential information is disclosed to third parties.
- Applicable law and the competent court
Disputes that may unexpectedly arise between the buyer and Horecarte B.V. will be settled by the competent court in Rotterdam, all this without prejudice on the grounds of mandatory legal provisions competent court.
Dutch law applies to this agreement.
- Expeditions
Delivery takes place up to the first threshold of the ground floor. The possible installation of equipment must be done by the buyer or its installer. The seller cannot return old equipment or packaging material for the buyer. To definitively pass on an order, the buyer himself checked whether the ordered equipment fits through openings, corridors and/or doors. Damaged, incorrectly delivered or broken goods must be reported to the seller within 48 hours after receipt of the goods.