General Terms and Conditions
In General
When we refer to “SELLER,” we mean Freshome B.V. in Apeldoorn, in any capacity as an offeror, seller, or executor. “BUYER” refers to the potential buyer, potential customer, and generally, the other party to the seller.
These General Terms and Conditions of Sale and Delivery apply to all contracts by which the seller agrees to supply goods and/or services. Any general terms and conditions of the buyer do not apply and are expressly rejected by the seller unless accepted in writing.
Agreement
The seller’s quotations, price lists, and other communications are non-binding. Verbal commitments and agreements with the seller’s employees are not binding on the seller unless expressly confirmed. In case of discrepancies between the buyer’s order and the seller’s confirmation, only the seller’s confirmation will be binding. Additions, changes, and other agreements to the contract will only be valid if agreed upon verbally and in writing.
The seller is authorized, if in their reasonable discretion the buyer’s financial situation justifies it, to require advance payment or security. Until this is done, the seller may suspend full or partial execution of the contract.
Delivery Time
The agreed delivery times are always approximate and subject to unforeseen circumstances. If delivery cannot be made within the agreed time, the seller is entitled to partial deliveries and a reasonable additional period. Exceeding the delivery time does not entitle the buyer to terminate the contract and/or claim damages unless the buyer proves intent or deliberate negligence on the part of the seller.
Claims and Liability
The buyer must inspect the delivered products immediately upon delivery for any irregularities. Claims must be submitted to the seller in writing within ten business days from the delivery date. After this period, the delivered products will be considered irrevocably accepted.
The buyer will indemnify the seller against all third-party claims arising from the delivery or use of the delivered goods. The seller’s liability is limited to the amount paid by the insurance in the case in question.
Transport
If the goods are ready to be delivered to the buyer, regardless of the agreed means of transport, the buyer is obliged to do so. In case of non-compliance, the seller may charge storage costs.
Retention of Title
All delivered goods remain the property of the seller until the buyer fulfills all their obligations. Until then, the buyer is obliged to store the delivered goods separately from other goods and clearly identified as the seller’s property.
Dissolution
The seller has the right to terminate the contract without judicial intervention if the buyer fails to fulfill their obligations or if there is reasonable concern that the buyer will not fulfill them.
Disputes
Dutch law applies to all contracts with the seller. Disputes will be resolved by the competent court within the seller’s jurisdiction.