Terms and Conditions
ARTICLE 1. APPLICABILITY
1. On all offers, orders and agreements of Hendriks Horeca B.V. these General Terms and Conditions (hereafter: Terms and Conditions) apply to third parties (the Buyer) to the exclusion of any other general terms and conditions. The acceptance of an offer by the Buyer or the placing of an order means that the Buyer accepts the applicability of these Terms and Conditions. These Terms and Conditions will be sent free of charge upon request. The Terms and Conditions can always be consulted via the website (www.hendrikshoreca.eu and shop.hendrikshoreca.eu).
2. The provisions of these Terms and Conditions can only be deviated from if this has been explicitly agreed in writing. If a part of these General Terms and Conditions is deviated from, the remaining provisions will remain in full force.
3. All that in these Terms and Conditions and any further agreements on behalf of Hendriks Horeca B.V. is stipulated, is also stipulated for the benefit of Hendriks Horeca B.V. intermediaries and other third parties.
ARTICLE 2. OFFERS / AGREEMENTS
1. The prices of all offers from Hendriks Horeca B.V. are fixed during the term of the offer, subject to interim changes in VAT rates. Hendriks Horeca B.V. expressly reserves the right to change its delivery conditions at any time.
2. Orders are made by placing an order by the Buyer by email, fax, telephone or post. The order implies an offer binding for the Buyer to conclude a purchase agreement. The offer is deemed to have been made when the Hendriks Horeca B.V. has achieved.
3. Hendriks Horeca B.V. can accept an order within 7 working days by means of an e-mail to the e-mail address specified by the Buyer confirming the order and (or) by sending the ordered product.
ARTICLE 3. PRICES
1. The prices for the products and services offered are in euros, excluding VAT and excluding packaging, insurance and shipping costs.
2. The costs for packaging and shipping are stated separately upon delivery.
3. All mentioned prices, including those for packaging and shipping, only apply at the time of the order.
ARTICLE 4. DELIVERY, FORCE MAJEURE AND DISSOLUTION
1. Delivery takes place at the expense of the Buyer by sending the purchased product to the delivery address specified by the Buyer.
2. The delivery period is specified in the order. If not specified in the order, the delivery period is 30 days, unless otherwise agreed. The specified periods are however indicative and for Hendriks Horeca B.V. not binding, unless a delivery period has been explicitly agreed in writing.
3. Hendriks Horeca B.V. can terminate the agreement at any time if the ordered product is (temporarily) not available, or if the Buyer makes an offer to deliver a product comparable in price and quality.
4. If delivery is impossible because the product is (temporarily) not available, the Buyer will be informed as soon as possible.
5. Impossibility of delivery will be communicated to Buyer as soon as possible, possibly with a simultaneous offer for delivery of a product comparable in price and quality.
6. In the event of a delay in delivery due to the (temporary) unavailability of the product (or any other cause that is not under the control of Hendriks Horeca B.V.), the Buyer will be informed of this as soon as possible.
7. With regard to the product, with regard to which the purchase has been terminated, the buyer may not perform any actions that are (pursuant to the description, manual or otherwise provided with the product) reserved to the manufacturer or persons designated by him. These actions include the removal of seals, serial numbers or similar actions.
8. If the products are not returned by the Buyer or in a damaged or reduced condition, the Buyer must compensate the resulting damage, even if the damage is the result of use in accordance with the manufacturer's instructions. This is only different if the damage was caused only by trying out the product, as it could in a store. The Buyer can prevent the obligation to pay compensation by not taking the product into use after delivery and, moreover, taking all necessary care to prevent damage.
ARTICLE 5. CANCEL AND RETURN
1. Hendriks Horeca B.V. only takes goods back if they are unopened, in the original packaging (complete and undamaged).
2. If the Buyer wishes to cancel an order or delivery, the Buyer must notify Hendriks Horeca B.V. in writing.
3. When returning or canceling products, 25% of the purchase amount will be charged to the Buyer, and any costs incurred or incurred (shipping) costs will not be reimbursed to the Buyer.
4. All outlet and occasion items are not eligible for returns. cancellation. The Buyer is expected to pay close attention to what he orders, the size thereof, the weight, the dimensions, etc. If something is unclear or the Buyer has doubts about anything, the Buyer must first contact Hendriks Horeca B.V customer service.
ARTICLE 6. PAYMENT, SUSPENSION AND SETTLEMENT
1. Payment is in principle made within 14 days after the invoice date, on a payment made by Hendriks Horeca B.V. currency to be indicated, in which is invoiced. Objections to the amount of the invoices do not suspend the payment obligation.
2. All payments by the Buyer are made without any form of settlement, withholding or suspension, for whatever reason.
3. Further conditions may be imposed on the order. For payment by bank or giro as the date of payment the date of crediting the ING bank or bank account of Hendriks Horeca B.V.
4. If the payment term is exceeded, the Buyer will be legally in default from the day that payment should have been made and from that day will owe interest of 1% per month or part thereof on the outstanding amount.
5. Hendriks Horeca B.V. is entitled, if the Buyer with any payment to which he is held in default, to suspend the performance of the agreement and all related agreements, or to dissolve it.
6. The buyer is not entitled to suspend any obligation for payment or return delivery pending compliance with an obligation by Hendriks Horeca B.V., unless both obligations arise from (dissolution of) the same agreement.
7. If the Buyer is in default or omission in the (timely) fulfillment of his obligations, then all reasonable costs for obtaining satisfaction out of court will be borne by the Buyer. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to the Voorwerk II Report. If Hendriks Horeca B.V. however, has incurred higher costs for collection that were reasonably necessary, the costs actually incurred are eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the Buyer. The Buyer also owes interest on the collection costs.
ARTICLE 7. RETENTION OF TITLE
1. The ownership of by Hendriks Horeca B.V. delivered products will only be transferred at the moment that the Buyer has transferred everything that is based on the sole agreement to Hendriks Horeca B.V. has been paid.
2. The risk of the product is transferred to the Buyer at the time of the actual delivery.
3. Any form of transfer, rental, pledge, encumberment, transfer as security of the product, or any form of change to the product by the Buyer is not allowed as long as the Buyer has not yet acquired ownership, all this unless express written permission from Hendriks Horeca BV
ARTICLE 8. CONFORMITY
1. Hendriks Horeca B.V. guarantees the conformity and proper functioning of the products offered and supplied by it, in accordance with the specifications provided with the offer.
2. If applicable, the descriptions and specifications of the product ordered are based on the information provided by the manufacturer of the product.
3. Upon delivery of the items, the Buyer has a duty to check whether the correct item has been delivered. If that is not the case, then Hendriks Horeca B.V. to inform them thereof in writing and with reasons as soon as possible - in any case within 5 working days after discovery, or at least after the moment at which it was reasonably possible to find it. In that case, Hendriks Horeca B.V. provide the Buyer with instructions for return shipment and make arrangements to still deliver the correct product. The buyer can no longer rely on non-conformity if he Hendriks Horeca B.V. not notified within the aforementioned period.
ARTICLE 9. WARRANTY & REPAIRS
1. Any defect in a product that arises from a normal and judicious use of the products in accordance with the intended purpose of the products will be accepted by Hendriks Horeca B.V. at the written request of the Buyer, either be repaired free of charge or the article will be replaced free of charge, at the discretion of Hendriks Horeca B.V. If the Buyer rightly requests a replacement, Hendriks Horeca B.V. at his choice also entitled to opt for a refund of the purchase price.
2. The above-mentioned guarantee will in any case lapse after 24 months, or in the case of wear that is to be considered normal, or if the damage or defect is apparently the result of:
* negligent maintenance, intent or gross negligence;
* improper use;
* (over) heating by heating sources, exposing products to humidity, extreme heat, cold or drought;
* (attempted) repairs carried out by the Buyer himself or by third parties, or if the Buyer Hendriks Horeca B.V. insufficient opportunity to resolve the complaint early;
* external calamities (such as fire, flood, water damage, lightning, natural disasters, etc.);
* failure to observe the instructions for use or not;
* if the Buyer fails to meet his obligations.
3. Insofar as the manufacturer or importer makes further exclusions in the factory guarantee certificate, these restrictions are imposed by Hendriks Horeca B.V. taken over.
4. Hendriks Horeca B.V. is not liable for damage suffered by the Buyer or a third party through the use of a Hendriks Horeca B.V. delivered product, unless the Buyer demonstrates that the damage was caused directly by intent or gross negligence of Hendriks Horeca B.V.
5. (In-) direct costs or damage to the Buyer or a third party, caused by the (temporary) non-use of a defective product, are not eligible for compensation, unless the Buyer demonstrates that the costs or damage were caused by intent or gross negligence of Hendriks Horeca BV
6. Hendriks Horeca B.V. gives no guarantee on individual parts that are supplied by Hendriks Horeca B.V. ordered. Hendriks Horeca B.V. no parts returned if the part is not suitable for the Buyer's device or for other reasons. The Buyer must pay particular attention to which part he is ordering and that this part is also intended for the device that the Buyer owns.
7. At the end of the guarantee period, Hendriks Horeca B.V. charge the Buyer for all costs for repair or replacement (including administration, shipping and call-out costs).
ARTICLE 10. FORCE MAJEURE
1. Without prejudice to the other rights it is entitled to, Hendriks Horeca B.V. in the event of force majeure, it is entitled, at its option, to suspend the execution of the order or to dissolve the agreement by written notice to the Buyer, without Hendriks Horeca B.V. is obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
2. Force majeure means any shortcoming that is not attributable to Hendriks Horeca B.V. can be attributed because it is not due to her fault and is not for her account under the law, legal act or generally accepted beliefs.
ARTICLE 11. LIABILITY AND (TRANSPORT) DAMAGE
1. Any liability of Hendriks Horeca B.V. is in any case limited to the amount of the invoice of the payment made by Hendriks Horeca B.V. delivered products.
2. If the product or packaging has visible or noticeable damage on delivery, the Buyer is obliged to report this immediately to the carrier and to refuse receipt. He must also immediately serve Hendriks Horeca B.V. in writing of this damage.
3. Hidden defects must, after their discovery, immediately and in writing to Hendriks Horeca B.V. to be reported.
4. Hendriks Horeca B.V. is in no way liable for damage as a result of failure to handle an order or delayed delivery, delay in delivery, failure to deliver, or for any other cause whatsoever, unless and to the extent that it has been established that there is intent or gross negligence on the part of Hendriks Horeca BV
5. In the event of damage or destruction of a product, Hendriks Horeca B.V. the right to compensation, unless the damage is a demonstrable direct consequence of normal use with the sole purpose of trying out the product, and if the instructions accompanying the product have been followed.
ARTICLE 12. OTHER PROVISIONS
1. If any provision of these Terms and Conditions conflicts with a provision of mandatory law, or is omitted for any other reason, the remainder of these Terms and Conditions will remain valid and the invalid provision will be replaced by Hendriks Horeca BV new legally permissible provision.
2. Hendriks Horeca B.V. is entitled to ship all orders to the address specified by the Buyer.
3. Hendriks Horeca B.V. is entitled to make use of third parties in the performance of the agreement.
4. All information provided by Buyers is exclusively provided by Hendriks Horeca B.V. used, if this is for concluding and fulfilling the agreement (including the other provisions, including these Conditions), as well as for the business operations of Hendriks Horeca B.V. is necessary. Data is only provided to third parties if this is necessary for the aforementioned purposes.