General conditions
The following general conditions are applied by Horecashopconcepts B.V., located in Zwolle at Gouverneurlaan 19, 8016 BK Zwolle.
1. Applicability
All agreements concluded by or on behalf of Horecashopconcepts B.V. are subject to the General Conditions applied by Horecashopconcepts B.V. Deviation from the stipulations of the General Terms and Conditions shall only take place after such has been explicitly agreed in writing with Horecashopconcepts B.V. Horecashopconcepts B.V. rejects in advance any appeal to its own purchase conditions, unless the applicability of these purchase conditions is explicitly confirmed in writing by Horecashopconcepts B.V. to the purchaser.2. Offers
All offers made by Horecashopconcepts B.V. are made without engagement. An agreement with Horecashopconcepts B.V. only comes into effect after Horecashopconcepts B.V. has confirmed this in writing or by e-mail, or from the moment Horecashopconcepts B.V. has started to carry out its obligations.
All offers of Horecashopconcepts B.V. occur under the condition, as long as the stock of Horecashopconcepts B.V. or its suppliers lasts.
3. Compliance
Dimensions, weights and technical data mentioned in our offers, catalogs, stock lists, circular letters and other advertising material, as well as drawings and illustrations, are only approximate and free of obligations, unless Horecashopconcepts B.V. has given an explicit guarantee in respect of one of the foregoing elements.
4. Prices
All prices shown are stated subject to printing and typesetting errors. For possible consequences of those misprints no liability is accepted. The by Horecashopconcepts B.V. shown prices are in that sense without engagement, that they are based on the at that time valid factory prices, exchange rates of foreign currencies, import duties and similar levies, insurance rates, freight, taxes, margin regulations and other such factors. If changes occur in one or more of the aforementioned factors, before delivery has taken place, Horecashopconcepts B.V. is entitled to adjust agreed prices in proportion to the increase of one or more of the mentioned factors. Unless otherwise indicated, the prices are stated per item and exclusive of 21% turnover tax and other government levies.
Lowest price guarantee applies if the following conditions are met:
The company is based in the Netherlands
The article is identical
The delivery and warranty terms are the same
The price difference must be verifiable by us
The item must be delivered originally packaged. Showroom models and demo models are excluded.
5. Orders
Orders are processed only after the ordering procedure as stated on the website www. Horecashopconcepts B.V..nl has been fully completed. For misunderstandings, mutilations, delays or improper transmission of orders and notifications resulting from the use of Internet or any other means of communication in the traffic between Horecashopconcepts B.V. and its customers, or between Horecashopconcepts B..V. and third parties, insofar as pertaining to the order placed by the Customer with Horecashopconcepts B.V., Horecashopconcepts B.V. is never liable, unless there could be question of intent or gross negligence on the part of Horecashopconcepts B.V..
6. Changes
Cancellation of an agreement made with Horecashopconcepts B.V. can only take place after explicit and written consent of Horecashopconcepts B.V.. The purchaser is obliged to compensate Horecashopconcepts B.V. for all resulting damage and costs. Any changes made to an agreement after an agreement has been concluded can only bind Horecashopconcepts B.V. with the explicit and written consent of Horecashopconcepts B.V.
7. Freight surcharge
On all deliveries of Horecashopconcepts B.V. a freight surcharge applies. The amount of this surcharge is visible to the buyer in the ordering process. Orders above € 500,00 excl. VAT are free domicile. With the exception of the islands. If you are not present on the indicated delivery day and we have to offer the order again, we are forced to charge extra costs. The costs are €50,00 excl. VAT.
8. Risk transition
The risk of destruction and/or deterioration of the goods delivered by Horecashopconcepts B.V. passes to the buyer after Horecashopconcepts B.V. has delivered the goods to the delivery address specified in the order confirmation.
9. Purchase 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 to take delivery or fails to provide information or instructions necessary for delivery, the goods will be stored at the buyer's risk. The buyer shall in that case be liable for all additional costs, including in any case storage costs.
10. Delivery times
The delivery times given by Horecashopconcepts B.V. are only approximate, unless a certain delivery time is guaranteed. Even then a delivery time is never a deadline. In case of late delivery the purchaser must therefore declare Horecashopconcepts B.V. in default in writing. If Horecashopconcepts B.V. is unable to meet its delivery times because of a circumstance that is not the result of any act or omission by Horecashopconcepts B.V., but is the result of an external cause, including but not limited to failure to deliver, or at least unable to deliver on time because of failure to deliver by the suppliers of Horecashopconcepts B.V., then this shall be regarded as force majeure between the parties. The delivery time shall in those circumstances be extended with a duration equal to that of the continuation of the delaying circumstances. Except in the case of gross negligence or intent on our part, exceeding the delivery time does not entitle the buyer to terminate the agreement concluded with Horecashopconcepts B.V. in part or in full. If despite the above delivery has not taken place within 6 months after closing the agreement both parties have the right to terminate the agreement wholly or partly.
Horecashopconcepts B.V. is allowed to deliver the sold goods in parts.
11. Exclusion of liability
Barring intent or gross negligence on the part of Horecashopconcepts B.V., Horecashopconcepts B.V. is not liable for any form of consequential damage, including additional compensation in any form whatsoever, compensation for indirect damage or damage due to lost turnover or profit. Horecashopconcepts B.V. is never obliged to compensate more damage than that covered by its liability insurance. If the insurance does not pay out, Horecashopconcepts B.V. is in any case never obliged to compensate more damage than the value of the agreement, or at least the invoice amount.
If at any time a clause in these general conditions should be annulled, this shall not affect the validity of the remaining conditions.
12. Payment
Payment of the amount invoiced by Horecashopconcepts B.V. must be made prior to delivery. As soon as Horecashopconcepts B.V. has verified that the amount payable has been credited to the bank account of Horecashopconcepts B.V. it shall proceed to dispatch the product. Payment of the amount due to Horecashopconcepts B.V. must take place within 14 days after the invoice date. Unless expressly agreed otherwise in writing, a payment made by the purchaser shall first serve to reduce the oldest due invoice, on the understanding that Horecashopconcepts B.V. shall always be entitled to designate an outstanding invoice at its discretion to which payment shall be deducted.
13. Exclusion of set-off
Buyer is not authorized to set off the purchase price with any claim due to it, nor is buyer authorized to suspend obligations under the agreement concluded with Horecashopconcepts B.V.
If the Buyer fails to meet his payment obligation to Horecashopconcepts B.V. on time, default shall take effect directly and the Buyer shall owe statutory interest on the then outstanding invoices. In case of overdue payment the buyer is obliged to pay in full the extrajudicial collection costs, which are set at 15% of the principal sum, such with a minimum of € 50.
In case of liquidation, bankruptcy or suspension of payment of buyer, buyer's obligations are immediately due and payable.
If the invoices of Horecashopconcepts B.V. are not paid on time, Horecashopconcepts B.V. is entitled to suspend its obligations under current agreements with the purchaser, as well as to demand security for the fulfilment of any obligation of the purchaser arising from the agreements concluded with Horecashopconcepts B.V. This security can, at Horecashopconcepts B.V.'s discretion, take the form of a bank guarantee or mortgage or a pledge or a surety. This security can, at Horecashopconcepts' discretion, consist of a bank guarantee, mortgage or pledge, or surety.
14. Retention of title and reserved lien
The items delivered by Horecashopconcepts B.V. remain the property of Horecashopconcepts B.V. until the purchaser has fulfilled all obligations arising from all agreements concluded with Horecashopconcepts B.V., including the consideration(s) relating to the items to be delivered themselves, the consideration(s) relating to the goods to be delivered by Horecashopconcepts B.V. including the consideration(s) relating to the goods to be delivered themselves, the consideration(s) relating to the services carried out or to be carried out by Horecashopconcepts B.V. under the purchase agreement, or claims of Horecashopconcepts B.V. against the purchaser on account of non-fulfilment of the agreement by the purchaser.
Buyer is obliged to surrender the goods delivered by Horecashopconcepts B.V. under reservation of ownership to Horecashopconcepts B.V. at the first request. The Buyer hereby irrevocably authorises Horecashopconcepts B.V. to enter the Buyer's premises in order to repossess the delivered goods, without prejudice to Horecashopconcepts B.V.'s rights to full compensation.
Goods delivered to the buyer by Horecashopconcepts B.V., which fall under the reservation of ownership of Horecashopconcepts B.V., may only be sold on within the framework of normal business operations. The Buyer is not entitled to pledge the goods, other than the reserved pledge referred to below, or to establish any other right on them.
Horecashopconcepts B.V. reserves the right of pledge as referred to in article 3:237 of the Dutch Civil Code on delivered goods of which ownership has passed to the purchaser by payment and which are still in the hands of the purchaser. The Buyer is also obliged to cooperate in establishing a right of pledge as referred to above on the goods delivered by Horecashopconcepts B.V. which have been treated or processed by the Buyer, as a result of which Horecashopconcepts B.V.'s retention of title lapses. Buyer is obliged at the first request of Horecashopconcepts B.V. to co-operate with all necessary actions to establish the reserved pledge.
If third parties wish to establish or assert any right to the goods delivered by Horecashopconcepts B.V. under its own reservation, purchaser is obliged to inform Horecashopconcepts B.V. thereof as soon as may reasonably be expected.
Buyer undertakes at the first request of Horecashopconcepts B.V. to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage and against theft. The Buyer further undertakes to pledge to Horecashopconcepts B.V. all claims of the Buyer against the insurer relating to the goods delivered under reservation of title in the manner prescribed in article 3:239 of the Dutch Civil Code.
15. Warranty
Horecashopconcepts B.V. guarantees that the goods delivered by her meet the requirements to be set in the normal course of business, for a period of 12 months after delivery.
The Buyer cannot appeal to the guarantee obligation of Horecashopconcepts B.V. if the Buyer has made changes or repairs to the delivered goods himself or has had them made, if the delivered goods are used for other than normal business purposes, or if the Buyer has handled, used or maintained the delivered goods inexpertly.
Horecashopconcepts B.V. will never accept more far-reaching obligations, respectively guarantees, than the obligation to replace, credit or repair, at Horecashopconcepts B.V.'s discretion, the products delivered by Horecashopconcepts B.V. which have any faults. Horecashopconcepts B.V. is never obliged to compensate damage if goods have been delivered under manufacturer's or importer's guarantee. Dealing with a claim under the guarantee is in that case entirely at the discretion of the manufacturer or importer concerned.
Buyer indemnifies Horecashopconcepts B.V. for all damages which may arise for Horecashopconcepts B.V. as a result of claims which third parties may obtain in connection with the goods delivered by Horecashopconcepts B.V. to buyer.
16. Claims
Buyer must examine the purchased goods or have them examined as soon as possible upon delivery or as soon as possible thereafter. In doing so, the purchaser must check whether the goods delivered are in accordance with the agreement, namely: whether the correct goods have been delivered, whether the goods delivered correspond in quantity with what was agreed, whether the goods delivered meet the agreed quality requirements.
If visible defects or shortages are found, then the buyer must report these in writing to Horecashopconcepts B.V. within 7 days after delivery.
Non-visible defects must be reported in writing to Horecashopconcepts B.V. within 3 days after discovery.
If the complaint concerns wrongly delivered or wrongly packed goods, or goods that have been delivered damaged, the buyer must accompany his written complaint with the packing list concerned.
Complaints are only valid if the packaging is still in its original condition.
If goods have been assembled or processed by the buyer, complaints on any grounds whatsoever are no longer permitted, even if they are submitted within the specified period.
Even if the buyer complains in time, his obligation to pay and take delivery of the goods to be delivered remains. Goods can only be returned after prior written permission by Horecashopconcepts B.V..
In cases solely at our discretion, for reasons other than those stated above, goods delivered by Horecashopconcepts B.V. may be taken back and credited by Horecashopconcepts B.V., provided that the date of delivery is not older than 30 days, the goods are still in their original condition and packaging and the goods are at that time part of Horecashopconcepts B.V.'s stock range. In such a case where Horecashopconcepts B.V. undertakes entirely without obligation to take back and credit goods it is entitled to charge the purchaser with a crediting cost, which consists of 20% of the original order sum (excluding VAT) such with a minimum of € 25,00.
17. Reflection period 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 goods by a written statement to that effect, , with the exception of customized products and products that are not stock items. In this case, we charge a cancellation fee of 25 to 30% depending on the product. The other party must return the goods unopened and unused to Horecashopconcepts B.V. as soon as possible and at its own expense. Horecashopconcepts B.V. will refund the amount paid by the other party as soon as possible and in any case within 30 days after the dissolution.
18. Faults
You can report malfunctions to us by e-mail or telephone on all working days. We strive to resolve the malfunction within 48 hours.
19. Hallmarks and restrictive regulations when used or sold in another country
We supply products that must bear a hallmark under Dutch regulations in the version for which the hallmark was issued. We also supply products that do not have a Dutch quality mark.
The products offered by us are in principle intended for sale in the Dutch market. Sale or installation of these products in other countries may be subject to restrictions or not permitted and shall be at the risk of the other party.
20. Data management
If you place an order with Horecashopconcepts B.V., your data will be included in the customer database of Horecashopconcepts B.V.. Horecashopconcepts B.V. adheres to the Data Protection Act and will not provide your information to third parties.
Horecashopconcepts B.V. respects the privacy of the users of the Internet site and ensures confidential treatment of your personal information. Horecashopconcepts B.V. in some cases makes use of a mailing list. Each mailing contains instructions on how to remove yourself from this list.
21. Intellectual property and copyrights
Without prejudice to the other stipulations of these General Conditions, Horecashopconcepts B.V. reserves the rights and authorities to which Horecashopconcepts B.V. is entitled under the Copyright Act. The Other Party is not allowed to make changes to the goods, unless the nature of the delivered goods dictates otherwise or has been agreed otherwise in writing. Any designs, sketches, drawings, films, software and other materials or (electronic) files produced by Horecashopconcepts B.V. within the framework of the agreement shall remain the property of Horecashopconcepts B.V., regardless of whether they have been made available to the Other Party or to third parties, unless otherwise agreed. Any documents provided by Horecashopconcepts B.V., such as designs, sketches, drawings, films, software, (electronic) files, etc., are exclusively intended to be used by the Other Party and may not be reproduced, made public or brought to the notice of third parties by the Other Party without prior permission from Horecashopconcepts B.V., unless the nature of the documents provided dictates otherwise.
Horecashopconcepts B.V. reserves the right to use any knowledge gained by the implementation of the work for other purposes, to the extent that no confidential information is brought to the knowledge of third parties.
22. Applicable law and competent court
Disputes, which unexpectedly may arise between buyer and Horecashopconcepts B.V., will be settled by the competent court in Arnhem, all this without prejudice to the competent court on the basis of mandatory legislation.
Dutch law applies to this agreement.