ARTICLE 1 - APPLICABILITY
These terms and conditions apply to every offer, quotation, and/or agreement between BitesWeLove (“BWL”) and an other party(the “Other Party”).
The applicability of any (general) terms and conditions of the Other Party is explicitly rejected.
In case all or part the provisions made in these terms & conditions are null and void, or non-binding, this does not affect the validity or binding of the other provisions. In that case, the parties will replace the conditions that are null and void or non-binding as much as possible by valid and binding provisions, the effect of which is as close as possible to that of the null and void and non-binding provisions.
BWL reserves the right to make changes to the general terms and conditions. Such amended general terms and conditions will be made available to the Other Party, whereby the Other Party has one month (after receipt of the amended general terms and conditions) to terminate the agreement it has entered into with BWL.
ARTICLE 2 - THE OFFER
All quotations and offers from BWL are without obligation. A quotation or offer expires if the product to which the quotation or offer relates is no longer available.
BWL cannot be held to its quotations or offers if the Other Party can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or clerical error. The Other Party is not entitled to a complaint in the event that (the images of) the products do not correspond with (the appearance of) the delivered products unless they are materially different products.
If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, BWL is not bound by it. In that case, the agreement will not be concluded in accordance with this deviating acceptance.
ARTICLE 3 - THE AGREEMENT
The agreement is concluded at the time of acceptance by the Other Party of the offer and compliance with the corresponding conditions.
If the Other Party has accepted the offer electronically, BWL will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by BWL, the Other Party can dissolve the agreement.
BWL can – within legal frameworks – inform itself whether the Other Party can meet its payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If BWL has good reasons not to enter into the agreement on the basis of this investigation, BWL is entitled to refuse an order or request or to attach special conditions to the execution.
The Other Party is obliged to carefully read and observe the instructions for use and warning instructions accompanying the delivered products before use.
BWL has the right to have certain activities performed by third parties.
If BWL requires information from the Other Party for the implementation of the agreement, the implementation period will not commence until after the Other Party has made these available to BWL correctly and completely.
ARTICLE 4 - THE PRICE AND PAYMENT
BWL is entitled to implement price increases after three months of the conclusion of the agreement, insofar as such a price increase is not unreasonably onerous for the Other Party. The amounts owed by the Other Party are paid by bank transfer to BWL. The payment term is 14 days after receipt of the invoice. The amounts are exclusive of VAT and costs for delivery.
ARTICLE 5 - DELIVERY AND PERFORMANCE
The place of delivery is the address that the Other Party has made known to BWL.
The Other Party is responsible for the correct notification of address changes.
BWL is not liable for damage resulting from incorrect and/or incomplete (address) information provided by or on behalf of the Other Party.
The transfer of ownership of the products will only transfer to the Other Party after the Other Party has fulfilled (i) all its obligations regarding the consideration which the Other Party must pay to BWL under an agreement, as well as (ii) with regard to the obligations for failure to comply with these agreements.
ARTICLE 6 - DURATION TRANSACTIONS: DURATION, CANCELLATION, AND RENEWAL
The Other Party can terminate an agreement that has been entered into for an indefinite period by e-mail or enter the cancellation in the personal profile page, at any time, subject to a notice period of one week. An agreement that has been entered into for a definite period of time ends automatically after the term has expired.
In the event of liquidation, of (application for) suspension of payments or bankruptcy, of seizure – if and insofar as the seizure is not lifted within three months – at the expense of the Other Party, of debt rescheduling or another circumstance whereby the Other Party is no longer free to dispose of its assets, the BWL is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or indemnification. The claims of BWL on the Other Party are in that case immediately due and payable.
If the Other Party cancels a placed order in whole or in part, the items ordered or prepared for this, plus any supply, removal, and delivery costs thereof and the working time reserved for the execution of the agreement will be charged in full to the Other Party.
ARTICLE 7 - FORCE MAJEURE
BWL is not obliged to fulfil any obligation towards the Other Party if it is prevented from doing so as a result of a circumstance that is not attributable to a fault and is not for its account under the law, a legal act, or generally accepted views (force majeure).
Force majeure also includes (i) force majeure of suppliers of BWL, (ii) non-performance of suppliers of BWL, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the Internet, computer network or telecommunications facilities, (vii) war, (viii) workload, (ix) strike, and (x) general transportation problems.
BWL can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, BWL is entitled to dissolve the agreement, without any obligation to pay compensation to the other party.
ARTICLE 8 - COMPLAINTS PROCEDURE
Complaints submitted to BWL will be answered within a period of fourteen days from the date of receipt. If a complaint requires a foreseeable longer processing time, BWL will reply within fourteen days with a notice of receipt and an indication when the Other Party can expect a more detailed answer.
ARTICLE 9 – DISPUTES
The contracts between BWL and an Other Party on which these terms & conditions apply will be exclusively governed by Dutch law.
Only Dutch law applies to agreements between BWL and the Other Party to which these general terms and conditions apply.