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Terms and Conditions
These Terms and conditions apply on all orders that are made on Foodworld-XL
Article 1. General
- Foodworld-XL is a website owned by AMS Distribution B.V. located in Terborg, Netherlands.
- Customer: the natural person or legal person that enters into a delivery agreement with AMS Distribution B.V
- Delivery agreement: an agreement for the delivery of 1 or multiple products from Foodworld-XL.
Article 2. Acceptance of the terms and conditions
- These terms and conditions are applicable on all offers, orders and agreements made between Customer and AMS-Distribution B.V..
- By entering into a delivery agreement the Customer declares to be known and to agree with these terms and conditions.
- The contents of these terms and conditions can only be deviated by means of a written agreement between AMS-Distribution B.V. and Customer. In such a case, the provisions of these conditions that have not been explicitly deviated from will remain in full force.
- AMS-Distribution B.V. can change these terms and conditions. Changes will be announced on the website of Foodworld-XL. The changed terms and conditions apply from the date of entry to all existing and future delivery agreements, even if they have been closed for the amendment of the conditions.
- If one or more provisions of these terms and conditions would appear to be in conflict with provisions of mandatory law, the provision in question shall be replaced by a legally permissible provision that is as close as possible to the intention of the provision that has expired.
- All offer from AMS-Distribution B.V. are without obligation and are subject to availability.
- The delivery agreement is concluded electronically.
- Customer can not derive any rights from an automatically sent delivery confirmation.
- AMS-Distribution B.V. is entitled, if necessary without stating reasons, to refuse an order, or to attach additional conditions to the conclusion of the delivery agreement.
- The delivery agreement is concluded at all times under the resolute condition that AMS Distribution B.V. does not accept the order from the Buyer. If an order is not accepted, AMS Distribution B.V. will communicate this to the Buyer in writing or via e-mail within ten 14 business days after receipt of the order.
Article 4. Third Parties
- AMS-Distribution B.V. may use third parties in the implementation of the delivery agreement. If these third parties apply additional conditions, this will be explicitly stated before entering into the delivery agreement.
- All rights and claims arising from the Supply Agreement for AMS Distribution B.V. are stipulated, these are also stipulated for the benefit of third parties engaged by AMS Distribution B.V..
- Notwithstanding the provisions of paragraph 2, these Terms and Conditions only apply to the relationship between AMS Distribution B.V. and the Customer and third parties that are not party to the Supply Agreement can not derive any rights from this.
Article 5. Addressing
- If an order is being processed, the address details can no longer be changed. Address changes must be made before the order is placed.
- Execution of the delivery agreement, and all notices and notifications relating to the delivery agreement take place at the address specified by the Customer.
Article 6. Prices and payment
- All listed prices in Foodworld-XL are in Euros, USD or GBP, including VAT, other taxes or levies, and exclusive of shipping costs, import duties, other specific country levies unless otherwise stated or agreed in writing. There is no VAT refund.
- The Dutch VAT rate applies to all products as standard. For deliveries to Germany and the United Kingdom the local VAT rates apply.
- AMS Distribution B.V. explicitly reserves the right to change the prices of offered Products, in particular when this is necessary on the basis of (legal) regulations. If an offer has a limited period of validity, the price will not be changed during that period, unless due to a change in the VAT rate.
- The payment methods offered can vary, depending on the manner in which the delivery agreement is concluded. If costs are associated with a particular payment method, this is always clearly stated. These costs are at the expense of the Customer.
- Payment to AMS-Distribution must be made by I-deal, Paypal, Credit card, Giropay, Sofort Banking, Bank contact Mister Cash or bank transfer.
- Delivery of products to the Customer takes place after payment of the Customer.
Article 7. Delivery/receipt
- AMS Distribution B.V. shall not be liable for any inaccuracies, delays or inadequate delivery of orders and communications from the Customer to AMS Distribution B.V., unless there is intent or gross negligence on the part of AMS Distribution B.V.
- AMS Distribution B.V. makes use of the services of Fedex, DHL, UPS, PostNL & Deutsche Post. The terms of delivery of the aforementioned are applicable to this delivery agreement.
- The shipping time as indicated is an indication, not a guarantee. Possible delays are at the risk of the Customer.
- Shipping costs are at the expense of the Buyer and depend on the number of kilos and the country of choice. This information can be found on the website.
- Delivery of products takes place within 30 days after ordering, unless explicitly stated another delivery term. AMS Distribution B.V. reserves the right in case of non-availability of products, to send the remainder. The unavailable products are credited.
- For delivery outside the EU: the Buyer is responsible for any import duties in his or her country. AMS Distribution B.V. can not be held responsible for the seizure of products as a result of the regulations in the country of destination.
- For deliveries outside the EU: if a package is refused at the border as a result of customs regulations and is returned to AMS Distribution B.V. there will be no compensation. AMS Distribution B.V. can not be held liable if a package is lost during the return shipment as a result of the failure by the postal service.
- AMS Distribution B.V. is entitled at all times to exclude products and countries without giving any reason.
- Products can differ from the images shown on the site.
Article 8. Returns
- If the Customer, for whatever reason, does not wish to purchase a Product, he has the right to terminate the delivery agreement within a period of 14 days.
- Dissolution is only possible if the Product is in undamaged condition or not used. Dissolution shall then take place by return of the goods in question within 14 days after the day of receipt, whereby the costs for return shipment shall be borne by the Customer
- The relevant invoice amount will, insofar as this has already been paid by the Customer, AMS Distribution B.V. will refund within 30 days after receipt of the declaration of dissolution, provided the Product has been returned. Refund will take place on the same account as the Customer has used for the payment.
- The provisions of this article do not apply with respect to Products which by their nature are not eligible, such as perishable, time-bound or personal items and services.
Article 9. Property reservation; risk transition
- The ownership of a Product is only transferred if the Customer has already delivered everything to AMS Distribution B.V. under the Supply Agreement.
- Without prejudice to the provisions in paragraph 1, the risk relating to a Product already transfers to the Customer at the moment of delivery to the Customer.
Article 10. Rights
- All intellectual property rights including copyright, database rights and trademark rights are vested in AMS Distribution B.V. and / or its supplier (s).
- The Customer is not permitted to reproduce, store and / or publish the name, content and / or layout of the Title in any manner whatsoever, unless with the prior permission of AMS Distribution B.V.
Article 11. Guarantee
- AMS Distribution B.V. does not give any guarantees, however, provided that the Customer can substantiate in a plausible manner (eg with photographic material) that the product does not comply with the agreement, AMS Distribution BV will refund the invoice value of the relevant Product, if possible and applicable (if and for already paid by the Buyer).
- AMS Distribution B.V. guarantees that all products delivered have an non-expired date of sale at the time of shipment and a shelf life of at least 45 days.
- AMS Distribution B.V .. is not responsible for communicating any recall actions of the manufacturer, but will do everything to make this information known to the Customer as soon as possible by e-mail.
Article 12. Force Majeure
- If on the part of AMS Distribution B.V. is a case of force majeure, AMS Distribution B.V. has the right to suspend execution of the delivery agreement as long as this situation persists or, at AMS Distribution B.V.'s option, to terminate the delivery agreement in whole or in part. Force majeure is in any case in case of shortcomings by suppliers or other relations of AMS Distribution B.V., strike, (unforeseen) government measures, (concrete threat of) terrorist attacks or war, fire, natural disasters, as well as any other situation where AMS Distribution B.V. can not exercise decisive control.
- If the force majeure situation on the side of AMS Distribution B.V. continues for longer than 1 month, the Customer has the right to terminate the delivery agreement in whole or in part.
- In case of force majeure, AMS Distribution B.V. is not obliged to reimburse any costs or damage to the Customer.
Article 13. Disputes
- The judge in the place of business of the user is exclusively authorized to take cognizance of disputes, unless the cantonal judge is competent. Nevertheless, the user has the right to submit the dispute to the competent court according to the law.
- The parties will first appeal to the court after they have made every effort to settle a dispute in mutual consultation.
Article 14. Applicable law and competent court
- Only Dutch law applies to the delivery agreement and these Terms and Conditions.
- In case of explanation of the content and scope of these general terms and conditions, the Dutch text will always be decisive.