GENERAL TERMS AND CONDITIONS
Article 1. Definitions
AmsterdamCheeseCompany.com is a website or Amsterdam Cheese Company Ltd, established in Amsterdam, the Netherlands, registered in the trade register of the Chamber of Commerce in Amsterdam with number 59,412,283.
Article 2. Applicability
1. These terms and conditions apply to any special offer, quotation, and agreement between Amsterdam Cheese Company Ltd, and a Customer-which to Amsterdam Cheese Company Ltd HAS-declared thesis terms and conditions to apply, insofar as parties have not Expressly Deviated from thesis terms and conditions in writing.
2. The terms and conditions under consideration ook apply to agreements with Amsterdam Cheese Company Ltd for the Implementation of Cheese Company BV Amsterdam-which is required to involvement of third parties.
3. These general terms and conditions werealso written for the employees of Amsterdam Cheese Company Ltd and notes management.
4. Applicability of any purchasing or other terms and conditions of the Customer's Explicitly rejected.
5. If thesis stipulations or several at stipulations or thesis general terms and conditions at any time be shouldering Partially or completely void, or be annulled, the remainder of These general terms and conditions will apply to continuous. Such an event at Amsterdam Cheese Company Ltd and the Customer will enter into consultation in order to agree upon new stipulations to replace the stipulations That Are void or annulled,-which will be composed with the greatest possible regard for the objectives and tenor of the original stipulations.
6. If uncertainty exists with respect to the interpretation or thesis or several at stipulation of These general terms and conditions, interpretation is required to Occur in the spirit of These general terms and conditions.
7. If situations Arise between parties-which are not covered by thesis general terms and conditions, Such situations Should be Assessed in the spirit of These general terms and conditions.
8. If Amsterdam Cheese Company Ltd doesnâ continuously demand strict adherence to thesis general terms and conditions, this does not Imply That the stipulations contained therein do not apply, or That Amsterdam Cheese Company Ltd would in any way or to any notes Extent lose rights to require strict adherence to thesis terms and conditions in other cases.
9. Amsterdam Cheese Company Ltd retains the right to Amend the general terms of delivery and the content whether it's Internet site.
Article 3. Special Offers and Quotations
1. All quotations and special offers by Amsterdam Cheese Company Ltd are free of engagement, Unless a term of acceptance HAS BEEN Stated in the quotation. A quotation or special offer expires if the product to-which the quotation or special offer lapels Has become unavailable in the mean time.
2. Amsterdam Cheese Company Ltd can not be held to notes quotations or special offers if the Customer can be reasonably expected That quotations or special offers, or a part thereof, contains an obvious error or a mistake in writing.
3. Prices included in a quotation or special offer include VAT, shipping, and administrative costs, Unless Otherwise Indicated.
4. If acceptance (upkeep by the stipulations listed below or otherwise) Deviates from the offer included in the quotation or special offer, Amsterdam Cheese Company Ltd. is not bound to it. In That case, the agreement will not Arise in accor dance with deviant Such acceptance, Unless Amsterdam Cheese Company BV indicates otherewise.
5. Composite price quotations do no oblige Amsterdam Cheese Company Ltd to perform part of the assignment at a proportional amount of the quoted price. Special offers or quotations do not automatically apply to future orders.
6. Special offers do not automatically apply to reorders.
Article 4. Order Confirmation and Agreement
1. After Amsterdam Cheese Company Ltd HAS received the order, Amsterdam Cheese Company Ltd will confirm the order within at 1 working day, except in cases where clause Amsterdam Cheese Company BV can not reasonably be expected to adhere to the agreement Entered into with the customer.
2. As soon as Amsterdam Cheese Company Ltd HAS received the order and payment HAS BEEN confirmed, the order will be accepted and Implemented by Amsterdam Cheese Company BV Within 2-4 working days. Should a product be (tempo-) non-deliverable, then the product will be replaced by an equivalent alternative. The customer will be notified of this by e-mail. Amsterdam Cheese Company Ltd reserves the right to not accept any specific payment received, not Thereby Confirming the order, for any reason whatsoever. Reasons May include, but are not limited to: product stock problems, problems on receiving an order, or problems at are completing an order. HOWEVER, other issues May ook amount to rejection of an order.
3. The agreement contains any engagements between the customer and Amsterdam Cheese Company Ltd, and replaces any previous agreements, arrangements, and / or engagements between the customer and Amsterdam Cheese Company BV
4. Barring evidence to the Contrary, administrative records or Amsterdam Cheese Company BV constitute valid proof of assignments Allocated and of payments made to Amsterdam Cheese Company Ltd by the customer, and or deliveries Performed by Amsterdam Cheese Company BV, Amsterdam Cheese Company Ltd acknowledges That electronic communication May serve as evidence. By accepting thesis General Terms and Conditions, the customer acknowledges this as well.
Article 5. Prices
1. The total amount of stated on the order confirmation is definitive, and includes prices of products ordered, Their processing, packaging materials, and transportation.
2. Minimum ordering amount is established at 7.50 EUR (shipping costs not included).
3. Within the EU, no customs Levies or taxes are Imposed on goods ordered.
4. Only by the explicit request of the customer will Amsterdam Cheese Company BV send a separate invoice to an address Submitted by the customer.
5. Amsterdam Cheese Company Ltd. is Entitled to alter prices and to -improvesleep possible mistakes. If a customer will be injured by Such actions, then the customer will be informed of this by e-mail, and the customer will be Entitled to cancel the order Within the next two days. Amsterdam Cheese Company Ltd can not be held liable for any possible (printing) errors in notes prices or terms and conditions.
Article 6. Delivery
1. On acceptance of an order, Amsterdam Cheese Company Ltd will pack the goods Within 2-4 working days, and will submit them to TNT or any other postal service-which will subsequently deliver the parcel at the address Indicated by the customer.
2. Shipping times as Stated on the invoice are indication list; not warranties. Parcels May incur unexpected delays at the Postal Services. Amsterdam Cheese Company Ltd does not have any control over this, and can not be held liable for Such delays. Any possible delays Incurred at the customs of the designated country are at the customer's own risk.
3. Shipping time Commences at the time the parcel is Submitted to TNT or other postal service provider.
4. If a parcel is not delivered Within the Stated time indication, no action will be taken for 4 weeks at minimum. The reason for this is the delayed parcel That May still be delivered Within That period.
5. Surcharges are Exclusively reimbursed if the customer is bootable to submit written proof of them.
6. For deliveries outside of the EU: any possible import tariffs for certainement products are on account of the customer. The customer is required to be aware or import Provisions in his / her country prior to ordering. Amsterdam Cheese Company Ltd has no control over this and can not be held liable for it.
7. Any costs-regarding delivery are on the account of the customer.
8. The customer is obliged to accept the goods at the moment When Purchased thesis are made available to him, or handed over to him.
9. If the customer Refuses to accept the goods, or is negligent in providing directions or the correct address, then the goods Intended for delivery will be stored at the customer's own risk. Any possible additional costs for repeated deliveries or storage of These goods will be on customer's account.
10. Amsterdam Cheese Company BV will in no way be held liable for decay or the passing of expiry dates of goods due to the customer's Inability to collect them timely.
11. All parcels are insured. In case a parcel goes missing, Amsterdam Cheese Company Ltd. is bootable to initiate an investigation at PostNL or any other postal service. Such investigations indicate That if the parcel has gone missing, the customer is Entitled to reimbursement. Delays at Postal services do not entitle the customer to reimbursement.
12. If Amsterdam Cheese Company Ltd Requires personal details of the customer in order to adhere to the agreement, then delivery times commence after the customer HAS Submitted thesis to Amsterdam Cheese Company BV
Article 7. Warranty
1. Amsterdam Cheese Company Ltd warranties That All products delivered will have an unexpired ultimate selling date and BB (best before) date of at least 3 weeks at the date of shipping, Unless Stated Explicitly otherewise (on special offers, for example). Amsterdam Cheese Company Ltd will do notes Utmost to Ensure goods ordered are treated with the greatest possible care, in order for them to meet the descriptions as provided on the website, and at the time the order was placed.
2. The above warranty Applies for the duration of the usual shelf life period to be expected of the products, or axis of stated: best before where clause applicable.
3. No warranty will be provided for goods or-which it is evident that:
They have a leg rendered useless by imprudent or improper use.;
b. The customer or third parties have altered the goods or have attempted to alter the goods, without Amsterdam Cheese Company Ltd's knowledge or written approval;
c. The goods have been used for Purposes for whichthey were not intended.
Article 8. Receipt
1. The Customer is required to inspect the delivery (or to have it Inspected) Immediately at the time the items are made available to him, or at the time the relevant services have been completed, respectively. It Such inspections, the Customer is required to inspect Whether quality and / or quantity of the delivery corresponds to pound leg What has agreed upon, and meets the demands agreed upon by parties Concerning the matter. Amsterdam Cheese Company BV is required to be notified of any possible defects within 48 hours of Their discovery by Email, ate [email protected] , Stating the number listed on the packing note. The notification shouldering containerization a description of the defect that's as detailed as possible, in order to enable Amsterdam Cheese Company Ltd to respond adequately. The Customer is required to enable Amsterdam Cheese Company BV to Investigate a complaint, or to have it Investigated.
2. Amsterdam Cheese Company Ltd must be notified of any invisible defects Within five days of Their discovery, but at its very latest Within the warranty period (the usual shelf life period of the product), observing the stipulations of the previous section of this article . After the warranty period has expired, Amsterdam Cheese Company Ltd. is Entitled to charge any costs for replacement, and administration-including shipping costs.
3. If the customer HAS timely filed a complaint with regard to the above article, he / she remains and obliged to accept and pay for goods Purchased. If the customer wishes to return the aforementioned goods, he / she is required to contact Amsterdam Cheese Company Ltd on this subject. Goods can be Returned Exclusively after written approval of Amsterdam Cheese Company Ltd, and only at customer's own expense.
Article 9. Liability
1. In cases where clause Amsterdam Cheese Company BV is liable, Such liability will be limited to what is set out in thesis stipulations.
2. If goods delivered by Amsterdam Cheese Company Ltd are not in proper condition, liability or Amsterdam Cheese Company Ltd. is limited to what HAS BEEN arranged in our terms and conditions under "warranties".
3. If the manufacturer or goods delivered is liable for consequential loss, liability or Amsterdam Cheese Company Ltd. is limited to Replacing thesis goods, or to reimbursement of the purchasing price.
4. The customer bears personal responsibility for his or her choice of products and Their storage. Amsterdam Cheese Company Ltd. is not liable if losses thathave physicians are due to intent, fault and / or culpable action, or injudicious or improper use by the customer.
5. Amsterdam Cheese Company Ltd. is not liable for any losses or child-which have resulted from Amsterdam Cheese Company Ltd using incorrect and / or incomplete data provided by the customer.
6. Amsterdam Cheese Company Ltd. is only ever liable for direct losses.
a. Direct losses include, and are limited to: Any reasonable costs Incurred for Determining the cause and the Extent of Such losses, insofar as such-determination concerns losses in the sense or thesis terms and conditions;
b. any possible reasonable costs Incurred in order to have the inadequate performance or Amsterdam Cheese Company Ltd Meet the agreement, insofar as such-inadequacy can be Attributed to Amsterdam Cheese Company Ltd;
c. Any reasonable costs Incurred to preventinfo or limit losses, to the Extent to Which the Customer Proves That Such costs have led to reduction or loss directly axis Intended thesis in general terms and conditions.
7. Amsterdam Cheese Company BV is never liable for indirect losses,-including consequential loss, loss of profit, savings missed, and losses due to corporate and / or other kinds of stagnation. In case of consumer's Purchases, thesis stipulations are limited To Those allowed Pursuant to article 7:24 section 2 BW (Dutch Civil Code).
8. In case Amsterdam Cheese Company Ltd shouldering be liable for loss of any kind, liability or Amsterdam Cheese Company Ltd. is limited to a maximum of three times the invoice value of the order; at any rate To that part of the order-to-which liability is related.
9. In any event, liability or Amsterdam Cheese Company BV is limited to the amount paid out by insurer notes as the occasion arises.
10. The limitations of liability included in this article do not apply if losses are due to intent or gross negligence or by Amsterdam Cheese Company Ltd notes or managing subjects.
Article 10. Transfer of Risk
1. Risk off loss or damage to products-which are the subject of the agreement is Transferred to the customer at the time Such products are Legally and / or delivered to the customer Actually, Thereby available to the customer or third parties or appointed by the customer.
Article 11. Payment
1. No Rights May be derived from erroneous prices and images.
2. Payment is required in advance to Occur upkeep by iDEAL, PayPal or other payment provider. Processing and shipment of goods ordered Occur afterpayment by the customer.
3 No information will be forwarded to third parties, in accor dance with the Dutch Privacy Act (Act Persoonsregistratie).
Article 12. Right to Termination of the Agreement
1. The customer is Entitled to cancel the purchase without Stating grounds for doing so consistently a period of 7 working days. Amsterdam Cheese Company Ltd must be notified of this in writing. Any Incurred costs for returning the goods are on account of the customer.
2. The time for consideration Mentioned above does not apply to goods That decay rapidly.
3. The customer only May Actually cancel the purchase without Stating grounds for doing so if the relevant goods are in complete, undamaged, and unused condition, and in Their original packaging.
Article 13. Complaints
1. If goods ordered do not meet the expectations of the customer due to breakage, damage, or faulty delivery, the customer is required to inform Amsterdam Cheese Company Ltd or this within 48 hours of receipt of the goods. If Amsterdam Cheese Company Ltd does not receive a complaint Within the term of stated above, all deliveries are assumed to match the order.
Article 14. Intellectual Property
1. Amsterdam Cheese Company Ltd reserves all rights and competences belonging to it on grounds of the Dutch Copyright Act (Copyright Act), and any other laws and legislation on intellectual property.
2. Amsterdam Cheese Company Ltd. is owner or licensee of all copyrights, database applications, brands, and any other intellectual property rights included in this website. Concept, structure, layout, and design are the exclusive property of Amsterdam Cheese Company BV
3. Should the above matters be used by the customer, then this will be done only by him or her, and thesis will not be Multiplied, published, or brought` to the attention of third parties except by prior written approval or Amsterdam Cheese Company BV
Article 15. Indemnification
1. The customer indemnifies Amsterdam Cheese Company Ltd against any possible claims by third parties who incur losses connected to the Implementation of the agreement, or the claims-which is attributable to others than Amsterdam Cheese Company BV
2. Should Amsterdam Cheese Company Ltd be held liable On That account by third parties, then the Customer is required to assist Amsterdam Cheese Company BV bone healing in legal and extra judicial Circumstances, and to do all that Immediately May be expected of him on Such an occasion . Should the customer fail to take adequate Measures, then Amsterdam Cheese Company Ltd. is Entitled to do so itself, without the need for proof of default. Any costs and losses Incurred Arising from Such actions by Amsterdam Cheese Company Ltd and third parties, are integrally at the Customer's own risk and account.
Article 16. Force Majeure
1. Neither Amsterdam Cheese Company Ltd, nor the customer, are held to meeting any of Their Obligations if They Are been prevented in doing so Because Of Circumstances-which can not be Attributed to fault, and can not be Accounted to them by force of law, a legal act, or notions hero Within regulations in force.
2. Addition to what is Understood as such-Within law and jurisprudence, thesis General Terms and Conditions interpret as force majeure any external causes, foreseen or unforeseen, on-which Amsterdam Cheese Company BV can exert no influence, but Because Of-which Amsterdam Cheese Company BV is unable to meet obligations notes.
3. Amsterdam Cheese Company Ltd is ook Entitled to appeal to force majeure if Circumstances zoals Those described above take effect after Amsterdam Cheese Company Ltd notes was to meet obligations.
Article 17. Applicable Law and Disputes
1. Exclusively Dutch Law Governs all legal relationships-which in Amsterdam Cheese Company Ltd. is a party; even if a relationship is Wholly or Partially Implemented abroad, or if the party 'involved in the legal relationship is a resident of a foreign nation. Applicability of the UN Convention on the International Sale of Goods is precluded.
2. Parties will first appeal to a court of law, after having made Their Utmost efforts to settle a dispute by mutual agreement.
Article 18. Deposit and Amendment of Terms and Conditions
1. These terms and conditions have been Deposited at Chamber of Commerce (Dutch Chamber of Commerce) Amsterdam, the Netherlands.
2. The version Deposited burden is always Applicable, and / or the version as it Existed at the time the legal relationship with Amsterdam Cheese Company Ltd was Entered into.
3. The English version of These general terms and condition is decisive for notes interpretation at all times.
4. The English version of These General Terms and Condition prevails over notes translated versions.