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General Terms and Conditions

General terms and conditions
General terms of sales, delivery and payment GLUTENVRIJTOTAAL BV

Registered with the Dutch chamber of commerce (KvK).

General: These conditions apply to all our quotes and all our agreements. All general terms and conditions used by the other party are hereby expressly rejected. The other party is understood to mean anyone who buys goods from us or concludes another agreement with us.

Quotes and Prices: All our quotes are completely non-binding. If an offer is accepted, we have the right to revoke the offer within five working days of receipt of the acceptance. Prices indicated in our quotations and price lists apply exclusively to the products and brands indicated in units per SVE (standard sales unit or box) or per unit item. If the period between receipt of the order and the delivery date is more than eight days, we are entitled to change the agreed price in accordance with the changes that occurred at the time of delivery in the prices of the raw materials concerned. When we make use of this authority, the other party is authorized to dissolve the agreement by means of a written statement.

Terms of payment: Payment is due within 30 days of receipt of the invoice; unless explicitly agreed otherwise in writing. From 30 days after the invoice date, the buyer shall be legally liable, without notice of default, to pay interest of 2% per month on the unpaid amount. The prices quoted are from the Leiderdorp premises, unless otherwise agreed in writing. Immediately after the goods are deemed delivered, the buyer shall bear the risk of all direct and indirect damages that may be caused to or by these goods for third parties. Glutenvrijtotaal BV shall not be liable for any damages arising from Glutenvrijtotaal BV's inability to deliver a replacement product in time for goods that have been contaminated in any way. If the purchaser fails to meet any of his obligations under any agreement entered with us or fails to do so on time, as well as in the event of bankruptcy, suspension of payments, shutting down or liquidation of the purchaser's business, he shall be deemed to be in default by operation of law and Glutenvrijtotaal BV shall have the right to suspend the execution of all agreements running between him and Glutenvrijtotaal BV without any notice of default and without judicial intervention, or to claim payment in cash, even if agreed otherwise, or to entirely or partially dissolve agreements at our discretion, without Glutenvrijtotaal BV being liable for any compensation or guarantee, yet without prejudice to its further rights. In these cases, any claim that Glutenvrijtotaal BV has or will have on the purchaser is immediately and suddenly due and payable. In that case, Glutenvrijtotaal BV may also immediately take back the goods. All costs, both judicial and extrajudicial, incurred by Glutenvrijtotaal BV as a result of non-compliance by the Buyer with any obligation under the agreement and these conditions shall be borne entirely by the Buyer. Glutenvrijtotaal BV applies a minimum order amount of € 400, under which € 25,00 administration costs will be charged.

Reclamation: Reclamations concerning the quantity of the goods delivered must be made immediately after delivery on penalty of forfeiture of all rights. In the absence of proof to the contrary, the quantities stated by Glutenvrijtotaal BV on the consignment notes or other delivery documents shall be deemed to be the correct quantities. Other complaints must in any case be received within four days after receipt of the goods under penalty of expiry of all rights. 

Return of goods: Return of delivered goods may only take place with our express consent and under conditions to be determined by Glutenvrijtotaal BV.

Guarantee and liability: We guarantee the soundness of the goods delivered by us in the sense that, if the other party returns the defective goods to us in time, we shall, at our discretion, either replace the defective goods or refund the price paid to the other party. Our liability for damage suffered by the other party shall be limited to that damage that is demonstrably the direct result of a shortcoming that can be attributed to us. Any liability for indirect damage and loss of turnover and profit suffered by the other party is expressly excluded. Our obligation to compensate for damage is limited to the agreed price for the performance to which the defect attaches.

The following retention of title applies to all deliveries of Glutenvrijtotaal BV:
• All goods delivered and to be delivered remain the exclusive property of the seller until all claims that the seller has or will have against the buyer, for whatever reason, have been paid in full.
• As long as the ownership of the goods has not been transferred to the buyer, the buyer may not pledge the goods, transfer the ownership as security or grant any other right to third parties, except within the normal operations of its business. The buyer undertakes, at the seller's first request, to cooperate in the establishment of a pledge on the claim which the seller obtains or will obtain on its customers by virtue of the onward delivery of goods.
• The purchaser is obliged to store the goods delivered under retention of title with due care and as the seller's recognisable property.
• If the purchaser is in default of payment or has payment difficulties, the seller is entitled to take back the goods delivered under reservation of title and still in the purchaser's possession. The Buyer shall at all times grant the Seller free access to its land and/or buildings to inspect the goods and/or to exercise the Seller's rights.
• This does not diminish the seller's other rights.

Dutch law shall apply exclusively to our agreements. All disputes shall be submitted to the competent court at the place of our office, unless Glutenvrijtotaal BV prefers the court at the place of the buyer's office. Glutenvrijtotaal BV reserves the right to change these conditions; such changes shall be binding from 14 days after they have been announced by Glutenvrijtotaal BV.