Terms and Conditions
3047 BR Rotterdam
Telephone: +31 (0)10 310 7920
(Monday - Friday from 08.30 till 17.30)
Article 1 - Definitions
In these general terms and conditions the following definitions apply:
“Reseller”: the other party who is a natural person and / or legal person and acts in the exercise of a customer of Finest Petfoods conducting a specialty pet store in the broadest sense of the word, hereinafter also referred to as the buyer or buyer.
Article 2 - Applicability of these conditions
These conditions apply to every offer and every agreement between CePeBe B.V., hereinafter referred to as “Finest Petfoods” and the taker. These conditions have been declared applicable by Finest Petfoods and the customer by means of publication.
These terms and conditions apply exclusively between Finest Petfoods and the buyer, and therefore never between a third party supplier and the buyer.
Article 3 - Offer and acceptance
The by Finest Petfoods. quotations made are without obligation; they are valid for 14 days, unless stated otherwise, such as with fresh products. The prices stated in an offer are exclusive of VAT, unless stated otherwise.
The quotations of Finest Petfoods. are accepted by placing orders: in writing (by post or by fax), or orally (for example by telephone) or by a written acceptance without further ado (by post or by fax) or by accepted industry customary (for example by telephone). Finest Petfoods. is not obliged to deliver at a stated price if it is clear that this price is based on a typographical or writing error.
Article 4 - Delivery
1. Unless otherwise agreed, delivery takes place in accordance with the condition sheet to the buyer.
2. The other party is obliged to take delivery of the purchased goods at the moment they are delivered to him or at the moment when they are made available to him in accordance with the agreement. If the other party refuses or fails to provide information or instructions necessary for the delivery, the goods will be stored at the risk of the other party. In that case, the other party will owe all additional costs, including in any case storage costs.
Article 5 - Delivery time
An agreed delivery time is not a deadline, unless explicitly agreed otherwise. In the event of late delivery, the buyer must, if he so wishes, give Finest Petfoods written notice of default. Delays in delivery / delivery, insofar as they remain within reasonable limits, cannot be a reason for the buyer to terminate the agreement.
Article 6 - Partial deliveries
Finest Petfoods is allowed to deliver sold goods in parts. This does not apply if a partial delivery has no independent value. If the goods are delivered in parts, Finest Petfoods is authorized to invoice each part separately. Finest Petfoods will inform the buyer in advance of partial deliveries.
Article 7 - Samples and examples
If a sample or example is shown or provided by Finest Petfoods, this is presumed to have only been shown or provided by way of indication; the qualities of the goods to be delivered may deviate from the sample or example, unless it was expressly stated that delivery would be in accordance with the sample or example shown or provided. Small in trade considered or technically unavoidable in colors and sizes are reserved.
Article 8 - Changes to the goods to be delivered
Finest Petfoods is authorized to deliver goods that deviate from those in the purchase agreement. If this option makes use of and delivers an item that substantially deviates from the agreed item, the buyer is entitled to dissolve the purchase agreement in respect of this item. The buyer has this authority for 5 days after he has discovered or could reasonably have discovered the deviation. For fresh products, the buyer only has the option of dissolution immediately after delivery if the item deviates materially. Finest Petfoods will inform the buyer in advance if deliveries (will) deviate from the purchase agreement
Article 9 - Termination of the agreement
Finest Petfoods' claims against the buyer are immediately due and payable in the following cases:
1. if, after the conclusion of the agreement, Finest Petfoods becomes aware of circumstances that give good reason to fear that the buyer will not meet his obligations;
2. if Finest Petfoods has requested security for compliance when concluding the agreement and this security is not provided or is insufficient. In the aforementioned cases, Finest Petfoods is authorized to suspend the further execution of the agreement or to proceed to dissolution of the agreement, all this without prejudice to Finest Petfoods' right to claim compensation.
3. If circumstances arise with regard to persons and / or material that Finest Petfoods uses or tends to use in the execution of the agreement, which are of such a nature that the execution of the agreement is impossible or so inconvenient and / or becomes disproportionately expensive, that compliance with the agreement can no longer reasonably be required, the buyer is entitled to dissolve the agreement.
Article 10 - Warranty
1. Finest Petfoods guarantees that the goods sold by it meet the quality requirements known and / or customary between the parties for a reasonable period, varying per product.
2. Not covered by the guarantee: daily fresh products and / or products that are generally related to fresh requirements. All fresh requirements are the full responsibility of the buyer after delivery.
3. If the guarantee referred to in paragraph 1 applies and the item shows a defect, Finest Petfoods is obliged to repair the item within fourteen days after the buyer has notified him of the defect.
4. The buyer can only demand replacement of the item or dissolution of the purchase agreement if:
- the seller has twice made an unsuccessful attempt to repair the same defect and this defect is sufficiently serious to justify replacement or dissolution, or
- if the buyer demonstrates that the item shows or has shown so many defects that it does not comply with the agreement and that these defects justify replacement or dissolution.
5. The warranty lapses if the buyer causes the damage by incorrect handling of a guaranteed item.
6. The buyer must demonstrate that the item shows a defect within the warranty period, as a result of which this warranty applies. The warranty lapses if the possibly relevant type or serial number or batch number of an item has been removed or changed.
7. The warranty expires with non-domestic use, professional use or rental of the item.
Article 11 - Retention of title
1. The goods delivered by Finest Petfoods remain the property of Finest Petfoods until the buyer has fulfilled all of the following obligations under the purchase agreements concluded:
The consideration (s) with regard to the item (s) delivered or to be delivered,
The consideration (s) with regard to the purchase agreement (s),
Any claims for non-fulfillment by the buyer of (a) purchase agreement (s).
Article 12 - Defects and complaint periods
1. The buyer must inspect the purchased goods or have them examined upon delivery or as soon as possible thereafter. In doing so, the other party must check whether the delivered goods comply with the agreement, namely:
- whether the correct goods have been delivered;
- whether the delivered goods in terms of quantity (for example the number and quantity) correspond with the agreed upon;
- whether the delivered goods meet the agreed quality requirements or - if these are absent - the requirements that may be set for normal use and / or commercial purposes.
2. If visible defects or shortages are found, the buyer must immediately report this in writing to Finest Petfoods in the case of fresh products and after 2 days in all other cases.
3. In the case of fresh products and within 2 days after discovery in all other cases, the buyer must report non-visible defects in writing to Finest Petfoods, but no later than 8 days after delivery.
4. Even if the other party makes a timely complaint, its obligation to pay and purchase orders placed remains. Goods can only be returned to Finest Petfoods after prior written permission.
Article 13 - Price increase
1. If Finest Petfoods agrees on a certain price with the other party, Finest Petfoods is nevertheless entitled to increase the price. Finest Petfoods may charge the applicable price on delivery, according to its price list applicable at that time. In the event of price increases, Finest Petfoods will inform the buyer thereof prior to delivery, if possible.
Article 14 - Packaging
1. The buyer is obliged to return loan packaging within 14 days empty and in undamaged condition. If the buyer does not fulfill his obligations with regard to packaging, all costs arising from this are for his account.
2. Such costs include the costs resulting from late return shipment and costs of replacement, repair or cleaning.
Article 15 - Payment
1. Unless Finest Petfoods requires otherwise, payment must be made within 8 days of the invoice date, by means of legal tender at the offices of Finest Petfoods, or by transfer of the amount due to account number 1619.58.117 in the name of. Finest Petfoods at Rabobank. If the buyer has issued an authorization for direct debit, the amount due will be collected automatically by Finest Petfoods within 8 days after the invoice date.
2. After the expiry of 8 days after the invoice date, the buyer is in default. From the moment of default, the buyer owes an interest of 2% per month on the amount due, with a minimum of € 50 excluding VAT. In the event of liquidation, bankruptcy or suspension of payment of the buyer, the obligations of the buyer will be.
3. Payment must be made without discount or set-off.
4. Payments made by the other party always serve to settle in the first place all interest and costs owed and in the second place of due and payable invoices that have been outstanding the longest, even if the other party states that the payment relates to a later invoice.
Article 16 - Credit Limitation
Finest Petfoods is entitled to charge a credit restriction surcharge of 2%, which is not due when payment is made within 8 days of the invoice date or by payment by direct debit.
Article 17 - Fees and collection costs
1. If the buyer is in default or in default with the fulfillment of one or more of his obligations, then all reasonable costs incurred in obtaining settlement out of court, will be for the account of the buyer. In any case, the buyer owes:
- on the first € 3,000 15%
- on the excess up to € 6,000 12%
- on the excess up to € 15,000 9%
- on the excess up to € 30,000 8%
- on the excess up to € 60,000 7%
- on the excess above € 60,000 6%
If Finest Petfoods demonstrates that it has incurred higher costs, which were reasonably necessary, these will also be borne by the buyer.
2. The buyer owes the seller the judicial and extrajudicial costs incurred by the seller in all instances.
Article 18 - Liability
1. For defects in delivered goods, the liability as regulated in these conditions applies.
2. With regard to additional services, the liability of Finest Petfoods is limited to the amount of the payment made by the insurance, insofar as this liability is covered by its insurance. If in any case the insurance does not provide cover or does not pay out, the liability is limited to paragraphs 3 and 4 of this article.
3. The above limitations do not apply if the damage is due to intent or demonstrable gross negligence on the part of Finest Petfoods.
4. Incidentally, the legal rules apply to liability.
Article 19 - Force majeure
1. Force majeure is understood to mean: circumstances that prevent the fulfillment of the agreement and that cannot be attributed to Finest Petfoods. This will include (if and insofar as these circumstances make fulfillment impossible or make it unreasonably difficult):- Wildcats or political strikes in Finest Petfoods company.- Strikes in companies other than Finest Petfoods.- A general lack of required (fresh) products and other items or services required to achieve the agreed performance;- Unforeseen delays at suppliers or other third parties on which Finest Petfoods depends and general transport problems.
2. Finest Petfoods also has the right to invoke force majeure if the circumstance that prevents (further) performance occurs after Finest Petfoods should have fulfilled its obligation.
3. During force majeure the delivery and other obligations of Finest Petfoods will be suspended. If the period in which fulfillment of the obligations by Finest Petfoods is not possible due to force majeure lasts longer than 1 month, both parties are authorized to dissolve the purchase agreement in this respect, without there being an obligation to pay compensation in that case.
4. If Finest Petfoods has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to separately invoice the already delivered or deliverable part and the other party is obliged to pay this invoice. as if it were a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 20 - Dispute resolution
1. Contrary to the statutory rules for the jurisdiction of the civil court, any dispute between buyer and seller, if the court has jurisdiction, will be settled by the court in Rotterdam. However, Finest Petfoods remains authorized to summon the buyer to appear before another court competent according to the law or an applicable international convention.
Article 21 - Applicable law
Dutch law applies to every agreement between Finest Petfoods and the buyer.
Article 22 - Changes to the conditions
Finest Petfoods is authorized to implement changes to these conditions if a law, convention or generally mandatory rule makes this necessary. The changes take effect 14 days after the new conditions have been sent to the buyer by Finest Petfoods.