Contents: • Article 1 – Definitions • Article 2 – Seller’s Identity • Article 3 – Applicability • Article 4 – The Offer • Article 5 – The Contract • Article 6 – Exclusion of Right of Withdrawal • Article 7 – The Price • Article 8 – Conformity and Guarantee • Article 9 – Delivery and Performance • Article 10 – Liability • Article 11 – Payment • Article 12 – Complaints Procedure • Article 13 – Disputes
Article 1 - Definitions In these Terms and Conditions, the following terms shall have the following meanings: • 1. Cooling-off Period: the period during which the Customer may exercise his Right of Withdrawal; • 2. Customer: any natural or juristic person, whether or not acting professionally, who enters into a Distance Contract with the Seller; • 3. Day: a calendar day; • 4. Continuing Performance Contract: a Distance Contract concerning a series of products and/or services, for which the delivery and/or purchasing obligation is spread over a longer period of time; • 5. Durable Data Carrier: any instrument that enables the Customer or the Seller to store information that was addressed personally to them in a manner that allows future reference and unaltered reproduction of the information stored on it. • 6. Right of Withdrawal: the Customer’s right to withdraw from the Distance Contract within the Cooling-off Period; • 7. Seller: the seller who through the online store offers exclusively fruits; • 8. Distance Contract: a contract in which, up to its conclusion, exclusive use is made of one or more Technologies for Distance Communication, using a system organised by the Seller for the distance selling of products and/or services. • 9. Technology for Distance Communication: any means that can be used for concluding a Contract, without the Customer and the Seller being together in the same place at the same time.
Article 2 – Seller’s Identity Name: Mehadrin Tnuport Export L.P. Mivne Center Be`erot Yitzaq 6090500 ISRAEL
Registered under number 550208888 in Israel.
Operating under the name: Mehadrin Represented by: Mtex Holland BV Address: Handelscentrum ZHZ 40c, 2991 LD Barendrecht Phone: +31-(0)180-642570 Fax: +31-(0)180-642571 Office opening hours: Mondays to Fridays from 9:00 to 17:00 E-mail: firstname.lastname@example.org VAT number: NL810295118B01 No licensing regime applies to the Seller’s activity, nor is the Seller's activity considered a regulated profession under Dutch law.
Article 3 - Applicability 1. These General Terms and Conditions apply to each Offer made by the Seller and to each Distance Contract concluded between the Seller and Customer. 2. Before concluding the Distance Contract, the text of these General Terms and Conditions shall be made available to the Customer. Should this be reasonably impossible, the Seller will notify the Customer before concluding the Distance Contract that the text of these General Terms and Conditions can be inspected at the Seller’s offices and that it will be sent to the Consumer free of charge as soon as possible at the Customer’s request. 3. If the Distance Contract is concluded electronically, notwithstanding the provisions in the preceding paragraph, the text of these General Terms and Conditions may also be made available to the Customer electronically before the Distance Contract is concluded, and in such a manner that the Customer can easily store it on a Durable Data Carrier. Should this be reasonably impossible, the Seller will specify where the text of these General Terms and Conditions can be viewed electronically before concluding the Distance Contract, and that it will be sent at the Customer’s request free of charge, electronically or otherwise; 4. No special product or service conditions apply in addition these General Terms and Conditions.
Article 4 – The Offer 1. If an Offer is valid for a limited period of time only or if certain conditions apply, this shall be expressly stated in the Offer. 2. The Offer shall include a full and accurate description of the offered products. This description shall be sufficiently specific to enable the Customer to properly consider the Offer. Should the Seller make use of images, these will be faithful reproductions of the offered products. The Seller shall not be liable for any obvious mistakes or errors in the Offer. 3. Each Offer shall include all necessary information in Dutch/English, clearly stating the Customer’s rights and obligations related to accepting the Offer. This involves in particular: • the price including taxes; • the delivery costs; • the manner in which the Contract shall be concluded and the necessary actions to conclude it; • the exclusion of the Right of Withdrawal; • the manner of payment, delivery or performance of the Contract; • the period of time during which Seller can guarantee the price; • that no costs will be charged for the use of Technology for Distance Communication; • that the Contract will not be filed after its conclusion; • the manner in which the Customer may check the information provided by him within the scope of the Contract and how he may correct this information if so desired before concluding this Contract; • the codes of conduct to which the Seller has submitted and the manner in which the Customer can consult these codes of conduct electronically.
Article 5 – The Contract 1. Subject to the provisions in paragraph 4, the Contract shall be concluded upon the acceptance of the offer by the Customer and when the conditions stipulated in it are met.
2. If the Customer has electronically accepted the Offer, the Seller shall immediately and electronically confirm receipt of the acceptance of the Offer by e-mail. As long as the Seller has not confirmed receipt of the acceptance, the Customer may terminate the Contract.
3. If the Contract is to be concluded electronically, Seller shall take all appropriate technical and organisational measures for a secure electronic data transfer and shall provide a secure web environment. If the Customer is offered the opportunity of electronic payment, Seller shall observe all appropriate security measures.
4. The Seller may, within the confines of the law, make inquiries into the Customer’s ability to fulfil his payment obligations, as well as into all facts and factors relevant to responsibly entering into the Distance Contract. If, based on these inquiries, the Seller has proper grounds for not entering into the Contract, he is lawfully entitled to refuse an order or request, stating his reasons, or to make performance subject to special conditions.
5. The Seller shall send the following information along with the product, either in writing or in such a way that will allow the Customer to store it in an accessible manner on a Durable Data Carrier: • a. the visiting address of the Seller’s offices to which the Customer may address his complaints; • b. a clear statement regarding the exclusion of the Right of Withdrawal; • c. the information about guarantees and available after-sale services; • d. the information as stated in article 4, paragraph 3 of these Terms and Conditions, unless Seller has already provided the Customer with this information prior to performing the Contract.
Article 6 – Exclusion of the Right of Withdrawal The only products supplied by Seller are fresh fruits which, due to their perishable nature, can spoil or decay quickly. Consequently, the Right of Withdrawal is excluded.
Article 7 – The Price 1. The prices of the offered products shall not be raised during the validity period stated in the Offer, with the exception of price changes resulting from changes in Dutch VAT rates. 2. All prices of products or services mentioned in the Offer include VAT and may not be raised after the conclusion of the Contract.
Article 8 - Conformity and Guarantee 1. The Seller guarantees that the products and/or services comply with the Contract, with the specifications listed in the Offer, with the reasonable requirements of soundness and/or usability, and that they comply with the Dutch statutory provisions and/or Dutch government regulations effective on the date the Contract is concluded, and that they are suitable for normal use. 2. The Customer’s statutory rights and claims and his rights under the Contract with Seller shall not be affected by any guarantee scheme offered by the Seller, the manufacturer or the importer. 3. Due to the nature of the offered products, slight differences in packaging, number or weight may occur. 4. In the event that the Customer should process or repackage the product or store it incorrectly, all rights to terminate for non-conformity will lapse.
Article 9 – Delivery and Performance 1. Seller shall exercise the best possible care in receiving orders and delivering the ordered products. 2. The place of delivery will be the address provided by the Customer to the Seller. 3. With due observance of the provisions in article 4 of these General Terms and Conditions, the Seller shall execute accepted orders with convenient speed yet within 30 days at the most, unless a longer delivery period has been agreed. If the delivery is to be delayed, or if an order cannot be delivered or can only partially be delivered, the Customer will be notified within 30 days after placing the order. In this case, the Customer is entitled to terminate the Contract free of charge and has the right to claim compensation. 4. In the event of termination under the stipulations of the preceding paragraph, the Seller shall return any payment made by the Customer as soon as possible, yet within 30 days at the latest after termination. 5. If delivery of an ordered product turns out to be impossible, the Seller shall make an effort to offer a replacement product. The Seller must report in a clear and comprehensible manner that a replacement product will be delivered and will have time to do so until the point of delivery. The Right of Withdrawal does apply to replacement products. The costs of any return shipment are to be borne by the Seller. 6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Seller up to the moment of delivery to the Customer, or to an appointed representative who is made known to the Seller in advance. 7. The Customer may not use trademarks and signs that are affixed or used by the Seller to distinguish himself from others. 8. The Customer may not offer the delivered products for further selling without prior approval of the Seller.
Article 10 - Liability The Seller is not liable to any direct or indirect damage resulting from the Contract or a delivered product, with the exception of deliberate intent or grave fault of a member of the Seller’s supervisory staff.
Article 11 - Payment 1. Unless otherwise agreed, all amounts payable by the Customer are to be paid within five days after the conclusion of the Contract. 2. Payment shall be made in advance or upon delivery. When advance payment has been agreed upon, the delivery period will commence on the moment the advance payment is received. 3. The Customer must notify the Seller immediately of any inaccuracies in provided or stated payment details. 4. When the Customer is in default of payment, the Seller is entitled to compensation of all reasonably incurred non-legal expenses.
Article 12 - Complaints Procedure 1. Complaints should be submitted in writing by post or per e-mail to the address stated in paragraph 2. 2. Under penalty of cancellation of all rights, a full and clear account of all complaints about the performance of the Contract must be submitted to the Seller within a reasonable time after the Customer has discovered the defects. 3. Any complaints submitted to the Seller will be replied to within 14 days after receipt of the complaint. Should the handling of a complaint demand a foreseeable longer time, the Seller shall respond within 14 days with a notice of receipt and an indication of when the Customer may expect a more detailed reply. 5. If the complaint cannot be solved in joint consultation, this will mean that the dispute settlement rules become applicable.
Article 13 - Disputes 1. Any disputes that cannot be settled in joint consultation shall be settled by the court in Rotterdam, which is competent in this matter.
2. All Contracts between the Seller and the Customer to which these General Terms and Conditions apply, are exclusively governed by Dutch law.
3. If the Seller and the Customer do not have residence in the same country, the Vienna Convention treaty on international trade (CISG) will also be applicable, with the provision that it is not in conflict with the express requirements of Dutch mandatory law.