General conditions

General terms and conditions Horeca online store B.V.
Located at Irislaan 9, 5595 EH Leende, Netherlands.
Registered with the Chamber of Commerce under number 88114481
(sale of goods)

Article 1. General

These terms and conditions apply to every offer, quotation and agreement between
Hospitality Online Store hereinafter referred to as “User”, and a Other Party to which User has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly waived by the parties in writing.
deviated.
The present terms and conditions also apply to agreements with the User, the execution of which requires the involvement of third parties by the User.
These general terms and conditions are also written for the employees of User and its management.
The applicability of any purchasing or other terms and conditions of the Other Party is expressly rejected.
rejected.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or voidable, the other provisions of these general terms and conditions shall remain in full force and effect. User and the Other Party will then enter into consultations in order to agree on new provisions to replace the void or nullified provisions, taking into account as much as possible the purpose and meaning of the original provisions.
If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, then the interpretation must take place “in the spirit” of these provisions.
If a situation arises between the parties that is not governed by these general terms and conditions, this situation should be judged according to the spirit of these general terms and conditions.
If the User does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that the User would to any extent lose the right to require strict compliance with the provisions of these terms and conditions in other cases.

Article 2 Quotations and offers

All quotations and offers of the User are without obligation, unless the quotation sets a deadline for acceptance. A quotation or offer expires if the product to which the quotation or offer relates is no longer available in the meantime.
User cannot be held to its bids or offers if the Other Party can reasonably understand that the bids or offers, or any part thereof, contain an obvious mistake or slip of the pen.
The prices stated in a quotation or offer are EXCLUSIVE of VAT and other government levies, as well as any costs to be incurred in connection with the agreement, including travel and accommodation, shipping and handling costs, unless otherwise indicated.
If the acceptance (whether or not on minor points) differs from the offer included in the quotation or the offer, the User is not bound by it. The agreement will then not be established in accordance with this deviating acceptance, unless User indicates otherwise.
A composite quotation does not oblige the User to perform part of the order at a corresponding part of the quoted price. Offers or quotations do not automatically apply to future orders.

Article 3 Contract duration; delivery terms, execution and modification of the agreement; price increase

The agreement between the User and the Other Party is entered into for an indefinite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
If a deadline has been agreed or specified for the completion of certain work or for the delivery of certain goods, this shall never be a deadline. If a term is exceeded, the Other Party must therefore give the User written notice of default. User should be given a reasonable period of time to still perform the agreement.
User has the right to have certain work performed by third parties.
User is entitled to execute the agreement in several phases and invoice the part thus executed separately.
If the agreement is performed in phases, the User may suspend the performance of those parts belonging to a subsequent phase until the Other Party has approved in writing the results of the preceding phase.
If the User requires information from the Other Party for the performance of the agreement, the performance period will not commence until after the Other Party has provided it to the User correctly and completely.
If during the execution of the agreement it appears that for a proper execution thereof it is necessary to modify or supplement it, then the parties will timely and in mutual consultation adapt the agreement. If the nature, scope or content of the agreement, whether or not at the request or indication of the Other Party, of the competent authorities et cetera, is changed and the agreement is thereby changed in qualitative and / or quantitative respect, this may have consequences for what was originally agreed. This may increase or decrease the amount originally agreed upon. User will give as much advance quotation as possible. An amendment to the agreement may change the originally specified period of performance. The Other Party accepts the possibility of amending the agreement, including the change in price and term of execution.
If the agreement is amended, including a supplement, the User will be entitled to carry it out only after the competent person within the User has agreed to it and the Other Party has agreed to the price and other conditions stated for the performance, including the time to be determined for its performance. Failure to perform or not immediately perform the amended agreement also does not constitute default on the part of the User and is not a ground for the Other Party to terminate the agreement.
Without being in default, User can refuse a request to change the agreement, if this could have a qualitative and / or quantitative effect, for example, on the work to be performed or goods to be delivered in that context.
If the Other Party should default in the proper fulfillment of what it is obliged to do towards the User, then the Other Party will be liable for all damages (including costs) on the part of the User caused directly or indirectly as a result.
If the User agrees on a certain price when concluding the agreement, the User is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally quoted subject to reservations.
– If the price increase is the is due to a change in the agreement;
– if the price increase results from a power vested in the User or an obligation imposed on the User by law;
– In other cases, this on the understanding that the Other Party, who is not acting in the exercise of a profession or business, is entitled to dissolve the agreement by a written statement if the price increase is more than 10% and takes place within three months of the conclusion of the agreement, unless the User is then still willing to perform the agreement on the basis of what was originally agreed, or if it has been stipulated that the delivery will take place more than three months after the purchase.

Article 4 Suspension, dissolution and early termination of the agreement

User is authorized to suspend the fulfillment of the obligations or dissolve the agreement immediately and with immediate effect, if:
– the Other Party does not fulfill the obligations under the agreement, in full or in a timely manner;
– after the conclusion of the agreement User learns of circumstances that give good reason to fear that the Other Party will not fulfill the obligations;
– the Other Party was requested at the conclusion of the agreement to provide security for the payment of
its obligations under the agreement and such security is not forthcoming or is insufficient;
– If, due to the delay on the part of the Other Party, the User can no longer be required to fulfill the agreement against the originally agreed conditions, the User is entitled to dissolve the agreement.
– if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or cannot reasonably be required of the User.
If the dissolution is attributable to the Other Party, the User will be entitled to compensation for the damage, including costs, incurred directly and indirectly as a result.
If the agreement is dissolved, the User’s claims against the Other Party are immediately due and payable. If User suspends fulfillment of its obligations, it retains its claims under the law and agreement.
If the User proceeds with suspension or dissolution on the grounds referred to in this article, it will not be obliged on that account in any way to compensate for damage and costs caused by this in any way whatsoever or to indemnify the Other Party, whereas the Other Party will be obliged to pay compensation or indemnify on account of breach of contract.
If the agreement is terminated prematurely by the User, the User will, in consultation with the Other Party, arrange for the transfer of work still to be performed to third parties. This unless the termination is attributable to the Other Party. Unless the premature termination is attributable to the User, the costs of transfer will be charged to the Other Party. User will inform the Other Party as much as possible in advance regarding the scope of these costs. The Other Party is obliged to pay these costs within the period specified by the User for that purpose, unless the User indicates otherwise.
In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment – if and to the extent that the attachment has not been lifted within three months – at the Other Party’s expense, of debt restructuring or another circumstance as a result of which the Other Party can no longer dispose freely of its assets, the User will be free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnification. The User’s claims against the Other Party shall in that case be immediately due and payable.
If the Other Party fully or partially cancels an order that has been placed, the items ordered or prepared for it, plus any supply and delivery costs thereof and the labor time reserved for the execution of the agreement, will be charged in full to the Other Party.

Article 5 Force Majeure

User is not obliged to fulfill any obligation to the Other Party if he is prevented from doing so as a result of a circumstance that is not due to fault, and is not for his account under the law, a legal act or generally accepted practice.
In these general terms and conditions, force majeure is defined, in addition to its definition in law and jurisprudence, as all external causes, foreseen or unforeseen, over which the User cannot exercise any control, but which prevent the User from fulfilling its obligations. User is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after User should have fulfilled its commitment.
User may suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then either party shall be entitled to dissolve the agreement, without any obligation to pay damages to the other party.
If at the time of the occurrence of force majeure the User has already partially fulfilled his obligations under the agreement or will be able to fulfill them, and the fulfilled or still to be fulfilled part has independent value, the User will be entitled to invoice the fulfilled or still to be fulfilled part separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.

Article 6 Payment and collection costs

Payment must always be made before delivery of the purchased good, in the currency in which it was invoiced, unless otherwise indicated in writing by the User.
If the Other Party defaults in the timely payment of an invoice, the Other Party shall be in default by operation of law. The Other Party shall then owe interest. In the case of consumer purchases, the interest rate is equal to the legal interest rate. In other cases, the Other Party shall owe interest of 1% per month, unless the legal interest rate is higher, in which case the legal interest rate shall be payable. Interest on the amount due and payable will be calculated from the moment the Other Party is in default until the moment of payment of the amount due in full.
User shall be entitled to have the payments made by the Other Party go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and the current interest.
User may, without thereby being in default, refuse an offer of payment if the Other Party designates a different order for the allocation of payment. User can refuse full repayment of the principal sum, if this does not also include the accrued and current interest and collection costs.
Objections to the amount of an invoice do not suspend the payment obligation.
If the Other Party defaults or is in default in the (timely) fulfillment of its obligations, then all reasonable costs to obtain satisfaction out of court shall be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary at that time in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if User has incurred higher costs for collection that were reasonably necessary, the actual costs incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Other Party. The Other Party shall also owe interest on the collection costs due.

Article 7 Retention of title

All items delivered by the User within the framework of the agreement remain the User’s property until the Other Party has properly fulfilled all obligations under the agreement(s) concluded with the User.
Items delivered by User, which pursuant to paragraph 1. subject to retention of title, may not be resold and may never be used as a means of payment. The Other Party is not authorized to pledge or otherwise encumber the items subject to retention of title.
The Other Party must always do everything that can reasonably be expected of him to secure the User’s property rights.
If third parties seize the items delivered under retention of title or wish to establish or assert rights to them, the Other Party will be obliged to inform the User immediately.
The Other Party undertakes to insure and keep insured the items delivered under retention of title against fire, explosion and water damage as well as theft and to make the policy of this insurance available for inspection by the User on demand. In the event of any insurance payment, the User is entitled to these tokens. Insofar as necessary, the Other Party undertakes towards the User to cooperate in advance with everything that may be necessary or desirable within that framework.
In case the User wishes to exercise its property rights indicated in this article, the Other Party gives unconditional and irrevocable permission in advance to the User and third parties to be designated by the User to enter all those places where the User’s property is located and to take those items back.

Article 8 Warranties, examination and complaints

The goods to be delivered by the User meet the usual requirements and standards that can reasonably be set for them at the time of delivery and for which they are intended in normal use in the Netherlands. The warranty mentioned in this article applies to items intended for use within the Netherlands. In the event of use outside the Netherlands, the Other Party itself must verify that they are suitable for use there and that they meet the conditions imposed on them. User may in that case set other warranty and other conditions with respect to the goods to be delivered or work to be performed.
The warranty mentioned in paragraph 1 of this article applies for a period of 1 year after delivery (Carry in by the buyer), unless otherwise follows from the nature of the delivery or the parties have agreed otherwise. If the warranty provided by the User concerns a case produced by a third party, the warranty is limited to that provided by the manufacturer of the case for it, unless otherwise stated. After expiration of the warranty period, all costs for repair or replacement, including administration, shipping and call-out charges, will be charged to the Other Party.
Any form of guarantee will cease to exist if a defect has arisen as a result of or arising from injudicious or improper use thereof or use after the expiration date, improper storage or maintenance thereof by the Other Party and/or third parties when, without the User’s written consent, the Other Party or third parties have made changes or tried to make changes to the item, attached to it other items that should not have been attached to it or if they have been processed or treated in a manner other than prescribed. Nor is the Other Party entitled to any warranty if the defect was caused by or is the result of circumstances beyond the User’s control, including weather conditions (such as, for example but not limited to, extreme rainfall or temperatures) et cetera.
The Other Party is obliged to examine the delivered goods, or have them examined, immediately at the time that the goods are made available to him or the work in question has been carried out respectively. In doing so, the Other Party must examine whether the quality and/or quantity of the delivered goods corresponds to what has been agreed upon and meets the requirements agreed upon by the parties in this respect. The Other Party must give the User the opportunity to investigate a complaint (or have it investigated).
If the Other Party complains in a timely manner, this shall not suspend its payment obligation. The Other Party shall in that case also remain obliged to take delivery of and pay for the items otherwise ordered, unless they have no independent value.
If a defect is reported later, the Other Party is no longer entitled to repair, replacement or compensation, unless a longer period results from the nature of the item or the other circumstances of the case.
If it has been established that an item is defective and a complaint about it has been submitted in time, the User will, at the Other Party’s discretion, replace the defective item within a reasonable period of time after receiving it back or, if returning the item is not reasonably possible, written notification about the defect from the Other Party, or take care of repairing it or pay the Other Party replacement compensation (exclusively a credit note, no return payment) for it. In the event of replacement, the Other Party shall be obliged to return the replaced item to the User and transfer ownership thereof to the User, unless the User indicates otherwise.
If it is established that a complaint is unfounded, the costs incurred as a result, including research costs, on the part of the User as a result, will be borne in full by the Other Party.
Catering Online Store is not obliged to take back, replace or credit items ordered and delivered by the buyer. As an exception, Hospitality Online Store may indicate in writing its willingness to take back or credit under certain conditions. Therefore, pay close attention to what you order, pay close attention to the size, weight, dimensions of the products. If anything is unclear, please contact our administration. You can do so at info@horecaonlinestore.nl.

Article 9 Liability

Indien Gebruiker aansprakelijk mocht zijn, dan is deze aansprakelijkheid beperkt tot hetgeen in deze bepaling is geregeld.
1. Gebruiker is niet aansprakelijk voor schade, van welke aard ook, ontstaan doordat Gebruiker is uitgegaan van door of namens de Wederpartij verstrekte onjuiste en / of onvolledige gegevens.
1. User is only liable for direct damages.
1. Onder directe schade wordt uitsluitend verstaan:
  – de redelijke kosten ter vaststelling van de oorzaak en de omvang van de schade, voor zover de vaststelling betrekking heeft op schade in de zin van deze voorwaarden;
  – de eventuele redelijke kosten gemaakt om de gebrekkige prestatie van Gebruiker aan de overeenkomst te laten beantwoorden, voor zoveel deze aan Gebruiker toegerekend kunnen worden;
  – redelijke kosten, gemaakt ter voorkoming of beperking van schade, voor zover de Wederpartij aantoont dat deze kosten hebben geleid tot beperking van directe schade als bedoeld in deze algemene voorwaarden.
1. Gebruiker is nimmer aansprakelijk voor indirecte schade, daaronder begrepen gevolgschade, gederfde winst, gemiste besparingen en schade door bedrijfs- of andersoortige stagnatie. In het geval van consumentenkoop strekt deze beperking niet verder dan die, die is toegestaan ingevolge artikel 7:24 lid 2 BW.
1. Indien Gebruiker aansprakelijk mocht zijn voor enigerlei schade, dan is de aansprakelijkheid van Gebruiker beperkt tot maximaal de factuurwaarde van de order, althans tot dat gedeelte van de order waarop de aansprakelijkheid betrekking heeft.
1. De aansprakelijkheid van Gebruiker is in ieder geval steeds beperkt tot het bedrag der uitkering van zijn verzekeraar in voorkomend geval.
1. The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence on the part of the User or its managerial subordinates.

Article 10 Limitation period

In afwijking van de wettelijke verjaringstermijnen, bedraagt de verjaringstermijn van alle vorderingen en verweren jegens Gebruiker en de door Gebruiker bij de uitvoering van een overeenkomst betrokken derden, één jaar.
1. The provisions of paragraph 1 do not apply to legal claims and defenses based on facts that would justify the assertion that the delivered item would not comply with the agreement. Such claims and defenses shall lapse two years after the Other Party notified the User of such non-conformity.

Article 11 Transfer of risk

The risk of loss, damage or depreciation shall pass to the Other Party at the time when goods are brought under the Other Party’s control.

Article 12 Indemnification

De Wederpartij vrijwaart Gebruiker voor eventuele aanspraken van derden, die in verband met de uitvoering van de overeenkomst schade lijden en waarvan de oorzaak aan andere dan aan Gebruiker toerekenbaar is.
1. If the User should be held liable by third parties on that account, the Other Party will be obliged to assist the User both extrajudicially and judicially and immediately do all that may be expected of it in that case. Should the Other Party fail to take adequate measures, the User shall, without notice of default, be entitled to do so itself. All costs and damages incurred on the part of the User and third parties as a result shall be entirely for the account and risk of the Other Party.

Article 13 Intellectual property

User reserves its rights and powers under the Copyright Act and other intellectual laws and regulations. User has the right to use the knowledge gained by the execution of an agreement on its side also for other purposes, to the extent that no strictly confidential information of the Other Party is brought to the knowledge of third parties.

Article 14 Applicable law and disputes

All legal relationships to which the User is a party are governed exclusively by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
The parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.

Article 15 Location and modification of terms and conditions

These terms and conditions are filed with the Breda Chamber of Commerce.
Applicable is always the last filed version or the version valid at the time the legal relationship with the User was established.
The Dutch text of the general terms and conditions is always decisive for their interpretation.

Article 16 Delivery

Unless otherwise agreed in writing, delivery shall be made at the location designated by Supplier.
If delivery of Products is made to a delivery address specified by the Customer, the Supplier shall deliver the Products to the curb of the delivery address, and not to the door or over the threshold, unless expressly agreed otherwise. In addition, the Customer must ensure that the location where the Products are to be delivered is easily accessible and prepared for the transport or delivery of the Products by a paved road.
The choice of means of transport is at the Supplier’s discretion, even in the case of non-franco shipments, where no instructions for shipment have been given by the Customer. Obstructions or temporary impediments to transportation by the chosen means of transportation do not oblige the use of another means of transportation.
If the unloading is performed by the Supplier or a third party engaged by it, the risk shall pass to the Customer at the time the Products are unloaded.
Products ready for pickup or shipment must be picked up or received immediately at the place of delivery.
If it proves impossible to deliver the Products to the Customer due to a cause situated in the Customer’s sphere (including failure to comply with the obligations arising from these general terms and conditions), the Supplier reserves the right to store those Products (or have them stored) at the Customer’s expense and risk, without thereby incurring any liability on the part of the Supplier for damage, depreciation, loss or otherwise. During storage, a period of 30 days shall apply within which the Supplier shall enable the Customer to take delivery of the Products. The foregoing, unless the Supplier has expressly set a different deadline in Writing.
If the Customer continues to fail to fulfill his obligations even after the expiry of the period referred to in the previous paragraph of this article, the Customer shall be in default by operation of law and the Supplier shall have the right to rescind the Agreement In Writing and with immediate effect, without prior or further notice of default, without judicial intervention and without being liable to pay compensation for damages, costs or interest. The foregoing does not apply insofar as a mandatory statutory provision precludes it. Where appropriate, the Supplier is entitled to sell the Products to third parties or to use them for the performance of other agreements. The foregoing shall not affect the Customer’s obligation to pay the agreed purchase price, as well as any storage and/or other costs.

Article 17 Returns and right of withdrawal

Customers have a right of return in accordance with the terms and conditions included on the Website, found under the heading “Returns” in the footer. The assessment of Products with respect to the terms and conditions stated on the Website shall be at the sole discretion of the Supplier. Consumers making a distance purchase are additionally subject to the statutory right of withdrawal (regulated in the remainder of this article), with the law most favorable to the Consumer prevailing.
1. If there is a remote purchase by a Consumer, the Consumer has a right of withdrawal for a period of 14 days.
1. During this period, the Consumer has a right of withdrawal, whereby the Consumer has the option to rescind the purchase without any obligation on his part, other than reimbursement of the direct costs of return, and to return the Products received. The period begins on the day after receipt of the Product by the Consumer, or a third party designated by the Consumer who is not the carrier, or:

– if the delivery of a Product consists of several deliveries or parts: the day on which Consumer, or a third party designated by Consumer, took delivery of the last delivery or part;

– for Contracts for regular delivery of Products during a specified period: the day on which the Consumer, or a third party designated by the Consumer, received the last Product;

– if Consumer ordered multiple Products: the day on which Consumer, or a third party designated by Consumer, received the last Product.Consumer may invoke the right of withdrawal by notifying Supplier in Writing, or by e-mail, of its intention within a period of 14 days after receipt by or on behalf of Consumer. The Written Statement will be sent by email to info@maxima.com. To this end, the Consumer may use the European model withdrawal form made available by the Supplier on its Website, but the Consumer is not obliged to do so.

– If the right of withdrawal is invoked by the Consumer, Supplier shall refund any amount already paid by the Consumer no later than 14 days after receipt of the returned Products.

4. The Consumer must, if possible, in order to exercise its right of withdrawal, return the relevant Products in their original packaging. However, the Consumer may remove the Product from the packaging to the extent necessary to assess whether the Product meets the Consumer’s expectations. Consumer must return the product to Supplier complete, undamaged and unused.

5. The Consumer is liable for the decrease in value of the Product resulting from violation of paragraph 6.

6. As soon as possible, but at the latest within fourteen (14) days after the day of notification referred to in paragraph 4, the Consumer returns the Product or hands it over to (a representative of) the Supplier. The Consumer may send the Product directly to the Supplier without prior notice within the period specified in paragraph 2. Consumer in this case should attach a written notice of withdrawal, such as the model form.

Products can be returned to the following address:

Horeca online store B.V.

Irislaan 9

5595 EH Leende

Netherlands

The cost of return shipping shall be borne by the Consumer.
Any amounts already paid by the Consumer (in advance) will be refunded to the Consumer as soon as possible, but in any case within fourteen (14) days after the dissolution of the Agreement. If the Consumer has chosen an expensive method of delivery instead of the least expensive standard delivery when shipping, the Supplier does not have to refund the additional cost of the more expensive method. Except in cases where the Supplier has offered to take back the Product itself, it may defer reimbursement until it has received the Product or until Consumer demonstrates that it has returned the Product, whichever is earlier.

As filed with the Chamber of Commerce under number 88114481

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