Under general terms and conditions are handled by Horecarte B.V., located in Stolwijk, at the Nindustrious Road 20F 2821AW Stolwijk, the Netherlands.
To all agreements concluded by or on behalf of Horecarte B.V., the general terms and conditions applied by Horecarte B.V. are applicable. Derogation from the general conditions shall take place only after expressly and in writing with Horecarte B.V. has been agreed. Horecarte B.V. rejects, in advance, an appeal against its own purchasing conditions, unless the applicability of these terms and conditions of purchase is expressly confirmed in writing by Horecarte B.V. to the buyer.
All offers made by Horecarte B.V. are made without obligation. A contract with Horecarte B.V. will be established only after Horecarte B.V. has confirmed this in writing or by e-mail, or from the time when Horecarte B.V. has started to implement its obligations.
All offers of Horecarte B.V. shall be made subject to these conditions, as long as the stock of Horecarte B.V. or its suppliers.
The sizes, weights and technical details stated in our offers, catalogues, inventory lists, mailing lists and other promotional material Only approximate and shall be non-committable. This also applies to the associated drawings and images, unless Horecarte B.V. has provided an express warranty with respect to any of the preceding elements.
All prices shown are listed subject to pressure and position errors. No liability shall be accepted for any consequences of these pressures and seats. The prices shown by Horecarte B.V. are, in this sense, without obligation, based on the factory prices prevailing at that time, foreign exchange rates, import duties and related charges, insurance rates, freight charges, taxes, margin schemes and other such factors. If changes occur in one or more of the above factors before delivery, Horecarte B.V. shall have the power to adjust the agreed prices commensurate with the increase of one or more of the above mentioned factors. Unless otherwise indicated, prices shall be indicated per piece. The prices are exclusive of 21% sales tax and other charges on the sale or charge of government.
Orders will only be treated after the ordering procedure as mentioned on the website www.esprase.nl has been completely gone through. Horecarte B.V. cannot be held liable for misunderstandations, errors, delays or the incorrect transmission of orders and communications as far as this is due to the use of the Internet or any other means of communication in contact between Horecarte B.V. and its customers, or between Horecarte B.V. and third parties, and to the extent that this contact relates to the order made by the customer at Horecarte B.V., unless there is intent or gross misconduct on the part of Horecarte B.V.
Cancaing an agreement concluded with Horecarte B.V. Agreement may take place only after express and written consent of Horecarte B.V. .. The buyer is obliged to reimburse all of the resulting damage and costs to Horecarte B.V. If after the conclusion of an agreement change is passed in that agreement, these changes can be binding only to Horecarte B.V. after the express and written permission of Horecarte B.V.
- Freight surcharge
On all the episodes of Horecarte B.V. is a freight charge. The height of this surcharge is clearly stated for the buyer during the ordering process. This surcharge does not apply to orders above € 300.00 excl. VAT, with the exception of supply to islands. If you are not present on the indicated delivery day we will have to offer the order again. We are obliged to charge you for this extra cost. These costs € 9,75 excl. VAT.
- Risk transfer
The risk of damage and/or deterioration of the goods delivered by Horecarte B.V. will be transferred to the buyer after Horecarte B.V. has delivered the goods to the supplier's delivery address at the command confirmation.
- Purchase obligation
The buyer is obliged to take off the purchased goods at the time when they are delivered to the agreed address. If the buyer refuses the decrease or is negligent in providing any information or instructions necessary for delivery, the goods will be stored for risk from the buyer. In that case, the buyer will have to pay all additional costs, including at least storage costs.
- Delivery times
Delivery times specified by Horecarte B.V. are approximate only, unless a specific delivery time is guaranteed. Even then, a delivery time is never a strict deadline. Therefore, in the case of non-timely delivery, the Buyer Horecarte B.V. should default in writing. It is possible that Horecarte B.V. is unable to meet the delivery times due to a circumstance that is not caused by an act or omission by Horecarte B.V., but which is the result of an external cause. This may mean that Horecarte B.V. cannot deliver, or at least not be able to deliver on time because the suppliers of Horecarte B.V. are failing. This shall be considered to be force majeure between the Parties. In these circumstances, the delivery time is prolonged for a period equal to that of the duration of the delay conditions. Except in the case of gross negligence or intent on our part, the delivery time of the delivery time does not entit the purchaser any right to total or partial dissolution of the agreement entered into with Horecarte B.V..
It is Horecarte B.V. permitted to deliver the items sold in parts.
- Exclusions liability
Unless there is intent or gross misconduct on the part of Horecarte B.V. is not liable for any form of consequentiy, including any additional compensation in any form, compensation of indirect damage or damages for loss of turnover or profits. Horecarte B.V. has never been liable to compensate for more damage than the damage covered by its liability insurer. In any event, if the insurance does not exceed the amount of the benefit, Horecarte B.V. has never paid any more damage than the value of the contract, at least the invoice amount.
If, at any time, a clause is deleted in these terms and conditions, the remaining general terms and conditions shall remain in force.
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 is credited to Horecarte B.V.'s bank account, it will proceed to the dispatch of the product. Payment of the amount due to Horecarte B.V. should be made within 2 days of the invoice date. Unless expressly agreed otherwise in writing, a payment of the buyer shall be deducted first from the last invoice expired, except that Horecarte B.V. is always competent to designate an outstanding invoice to make the payment against it.
- Exclude settlement
Copper is not authorized to charge the purchase price with any claim to her, nor does the buyer have jurisdiction to suspend the own liabilities arising out of the agreement entered into with Horecarte B.V.
If the buyer is payment obligation to Horecarte B.V. is not fulfilled in time, the default occurs immediately and the buyer is owed the statutory interest on the invoices outstanding at that time. In the event of a non-timely payment, the buyer shall be required to pay a full fee of the extrajudicial collection costs, which shall be determined on the basis of a sum of 15% of the principal amount, with a minimum of € 50.00.
In case of liquidation, bankruptcy or receivership of the buyer, the obligations of purchaser shall be payable immediately.
In the event of failure to satisfy the invoices of Horecarte B.V., Horecarte B.V. shall be responsible for suspending its obligations from current agreements with the purchaser, and shall be competent to provide security for the satisfaction of all the members of the competent authorities. Obligations of purchaser arising from agreements entered into with Horecarte B.V. This security may, according to the choice of Horecarte B.V., consist of a bank guarantee, mortgage or pledge, or bail.
- Reservation of title and reserved lien
The goods delivered by Horecarte B.V. continue to be owned by Horecarte B.V. until the buyer has complied with all the obligations of all the agreements concluded with Horecarte B.V., including the consideration (s) in respect of the goods to be supplied by Horecarte B.V. itself, the consideration (s) for the services provided by Horecarte B.V. under the contract of sale, or will be The buyer is obliged to supply Horecarte B.V. with the goods supplied by Horecarte B.V. to Horecarte B.V., on a first request. The purchaser already gives Horecarte B.V. the irrevocable permission to enter the premises of the purchaser, in order to take back the goods supplied, (i) without prejudice to Horecarte B.V.'s right to full compensation.
The business delivered to copper by Horecarte B.V., subject to the retention of title of Horecarte B.V., may not be resold in the ordinary course of business. The buyer does not have the power to pawn the cases, other than the reserved pledge or any other right to settle it.
Horecarte B.V. reserves the right to require the return of all goods which have been transferred to the buyer against payment and are still in the possession of the purchaser, in case Article 3:237 B.W. is in force, in order to provide for a greater security of any other claim that Horecarte B.V. may have on the buyer. The buyer is also obliged to cooperate in the establishment of a pledge if applicable to the goods delivered by Horecarte B.V. which have been processed or processed by the buyer, which has allowed the reservation of title of Horecarte B.V. to expire. The purchaser is obliged to cooperate, at the first request of Horecarte B.V., of all the acts necessary for the establishment of the reserved pledge.
If third parties wish to establish or assert any right to the goods supplied by Horecarte B.V. on their own reservation, the Buyer is obliged to inform Horecarte B.V. as soon as reasonably practicable.
The buyer undertakes to ensure the goods supplied under title to Horecarte B.V. at the first request of Horecarte B.V. to keep on fire- Explosion and water damage and theft. In addition, the Buyer undertakes to pledge to Horecarte B.V. all claims of the buyer to the insurer in respect of the matters covered by the title, in the manner prescribed in Article 3:239 of the BW.
Horecarte B.V. ensures that the items supplied by it meet the requirements to be made in normal traffic for a period of 12 months after the delivery.
Buyer may not rely on the guarantee obligation of Horecarte B.V. if the buyer has made any changes in or repairs to it. ( where the goods are not judicially treated, used or maintained in the case of a buyer.
Horecarte B.V. never accepts any more extensive obligations or guarantees than the obligation to replace, repay or repair products delivered by Horecarte B.V. which have defects in the choice of choice. Horecarte B.V. has never been liable for compensation for damage if goods have been delivered under the guarantee of a manufacturer or importer. In that case, the treatment of the warranty claim is entirely in the discretion of the manufacturer or importer concerned.
Buyer acquirer Horecarte B.V. for all damages, which Horecarte B.V. was allowed to create as a result of claims made by third parties in connection with the goods supplied to copper by Horecarte B.V.
Buyer should examine the purchased business by delivery or as soon as possible thereafter. In doing so, the buyer is required to check whether the delivered cases meet the contract, namely: whether the correct cases have been delivered, whether the delivered goods correspond to the agreed quality requirements as regards quantity, whether the delivered goods meet the agreed quality requirements.
If visible defects or deficits are found, the buyer must notify Horecarte B.V. in writing within 7 days of delivery.
Non-visible defects must inform Horecarte B.V. in writing within 3 days of discovery.
If the complaint is to be made: The complaint is valid only if the packaging is still in its original state.
If the goods have been installed or processed by the purchaser, any complaint of any other reason, even if it is submitted within the prescribed period.
If the purchaser submits his complaint in due time, his obligation to pay and decrease the amount of the goods must be lodged.
The product must be supplied with the payment of a provide business. The goods may be returned from Horecarte B.V. only after prior written permission.
In cases only in any way, for reasons other than those specified by Horecarte B.V., have been returned and returned by Horecarte B.V. provided that the date of delivery is not more than 30 days, the goods are still in their original condition and packaging, and the goods at that time belong to the stock range of Horecarte B.V. In such a case in which Horecarte B.V. commits itself completely uncommitted to return and credit goods it is authorized to charge the buyer with credit costs, consisting of 5% of the original order (excluding VAT), with a minimum of € 25.00.
- In the case of consumer sales, the other party shall have the right to dissolve the sale by means of a written declaration for 7 days after receipt of the right to dissolve the right, with the exception of measures and products which are not an inventory item. In that case, we will calculate the cost of cancellation of the product, 25 to 30% of cancellation. The other party must return the goods to Horecarte B.V. as soon as possible and for their own account, as soon as possible and on the basis of their own account. Horecarte B.V. will return the amount paid by the counterparty as soon as possible and in any case within 30 days of its dissolution.
Storages can be reported by us at all working days by e-mail or by telephone.
- Marking and restrictions of use or sale in another country
Products that are provided for under the Dutch regulations of a health mark shall be provided by us in the performance for which the health mark was issued. We also carry out products which are not of a Dutch health mark.
The products we offer are in principle destined for marketing in the Dutch market. Sale or installation of these products in other countries may be subject to restrictions or not.
- Data Management
If you place an order at Horecarte B.V., your data will be included in the customer file of Horecarte B.V.. Horecarte B.V. adheres to the General Data Protection Regulation and will not provide your data to third parties.
Horecarte B.V. respects the privacy of the users of the Internet site and ensures the confidential treatment of your personal data. Horecarte B.V. uses a mailing list in some cases. Each email contains instructions to remove yourself from this list.
- Intellectual property and copyright
Without prejudice to what is defined in these terms and conditions, Horecarte B.V. reserves the rights and powers of the Horecarte B.V. on the basis of the Copyright Act. The other party shall not be permitted to make changes to those cases unless it follows from the nature of the provided otherwise or agreed in writing otherwise. The designs, sketches, drawings, films, software and other materials or (electronic) files created by Horecarte B.V. as part of the agreement shall continue to be owned by Horecarte B.V., whether or not they have been made 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 intended to be used by the other party only and may not be reproduced, disclosed or communicated to third parties by him without the prior consent of Horecarte B.V., unless the nature of the documents provided results otherwise.
Horecarte B.V. reserves the right to use knowledge for other purposes, if any, by the execution of the works, to the extent necessary to ensure that such documents are used for other purposes. no confidential information is brought to the attention of third parties.
- Applicable law and the competent court
Any disputes between Buyer and Horecarte B.V. will be settled by the appropriate court in Rotterdam, unless by binding legal provisions, another court has jurisdiction.
This agreement is governed by Dutch law.
The delivery takes place at the first threshold of the ground floor. Any installation of equipment shall be carried out by the purchaser or his installer. Seller cannot take any old equipment or packaging material for copper return. Before finally passing the order, the buyer must check for himself whether the equipment ordered fits through openings, corridors and/or doors. Damaged, misdelivered or broken goods must be reported to the seller within 48 hours of receipt of the goods.