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General Terms and Conditions

Chilasso Company (hereinafter: Chilasso Company is registered with the Chamber of Commerce under number 67673791 and is located at Saffierstraat 69 B, 1074GM Amsterdam

Article 1 - Definitions
1. In these general terms and conditions, the following terms are used with the following meaning, unless explicitly stated otherwise:
2. Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inseparably linked.
3. Buyer: The natural or legal person acting in the exercise of a profession or business who enters into a (distance) Agreement with the Seller.
4. Agreement: The purchase agreement (at a distance) that extends to the sale and delivery of Products purchased by the Buyer from Chilasso Company.
5. Products: The Products offered by Chilasso Company are sauces.
6. Seller: The supplier of Products to the Buyer, hereinafter: Chilasso Company.

Article 2 - Applicability
1. These general terms and conditions apply to every Offer of Chilasso Company and every Agreement between Chilasso Company and a Buyer and to every Product offered by Chilasso Company.
2. Before an Agreement is concluded (remotely), the Buyer will have access to these general terms and conditions. If this is not reasonably possible, Chilasso Company will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case have been published on the Chilasso Company website, so that the Buyer can easily store these general terms and conditions on a durable medium.
3. In exceptional situations, these general terms and conditions can be deviated from if this has been explicitly agreed in writing with Chilasso Company.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and / or purchase conditions of the Buyer are explicitly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely null and void or are nullified, the other provisions of these general terms and conditions will remain in force and the invalid / nullified provision (s) will be replaced by a provision with the same purport original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions should be assessed and explained in the spirit of these general terms and conditions.
7. If reference is made to him / her in these general terms and conditions, this must also be understood as a reference to he / him / her, if and insofar as applicable.

Article 3 - The Offer
1. All offers made by Chilasso Company are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.
2. The Offer made by Chilasso Company is without obligation. Chilasso Company is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within 30 days, or if the Buyer has already paid the amount due. Nevertheless, Chilasso Company has the right to refuse an Agreement with a potential Buyer for good reason for Chilasso Company.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed in such a way that the Buyer is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Chilasso Company. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or dissolution of the Agreement (at a distance). Chilasso Company cannot guarantee that the colors in the image exactly match the real colors of the Product.
4. Delivery times and periods stated in the Offer of Chilasso Company are indicative and do not give the Buyer the right to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.
5. A composite quotation does not oblige Chilasso Company to deliver part of the items included in the offer or Offer at part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the sold-out principle.

Article 4 - Establishment of the Agreement
1. The Agreement is concluded the moment the Buyer has accepted an Offer from Chilasso Company by paying the relevant Product. The Agreement is also concluded when the Client has accepted an Offer or Agreement from Chilasso Company by returning a signed copy (scanned or original) to Chilasso Company, or giving an explicit and unambiguous agreement to the Offer by e-mail. .
2. An Offer can be made by Chilasso Company via the website, or by sending an offer.
3. If the Buyer has accepted the Offer by concluding an Agreement with Chilasso Company, Chilasso Company will confirm the Agreement with the Buyer in writing, at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, Chilasso Company is not bound by it.
5. Chilasso Company is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
6. The right of withdrawal is excluded.
7. Products that cannot be taken back due to a limited shelf life are excluded from the right of withdrawal. This is explicitly stated in the Offer.

Article 5 - Implementation of the Agreement
1. Chilasso Company will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as required for the proper execution of the Agreement, Chilasso Company has the right to have certain activities performed by third parties at its own discretion.
3. Buyer ensures that all information, of which Chilasso Company indicates that these are necessary or of which the Buyer should reasonably understand that they are necessary for the execution of the Agreement, are provided to Chilasso Company in a timely manner. If the information required for the implementation of the Agreement is not provided to Chilasso Company in time, Chilasso Company has the right to suspend the implementation of the Agreement.
4. In the implementation of the Agreement, Chilasso Company is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Chilasso Company, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Chilasso Company may before proceeding to implement the Agreement require security from the Buyer or full advance payment.
6. Chilasso Company is not liable for damage, of whatever nature, that has arisen because Chilasso Company has assumed incorrect and / or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to Chilasso Company.
7. The Buyer indemnifies Chilasso Company against any claims from third parties, who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.

Article 6 - Delivery
1. If the start, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided sufficient cooperation, the (down) payment has not been received by Chilasso Company on time or by other parties. circumstances beyond the control of Chilasso Company any delay occurs, Chilasso Company is entitled to a reasonable extension of the delivery / completion period. All agreed delivery terms are never strict deadlines. The buyer must give Chilasso Company written notice of default and allow it a reasonable period to still be able to deliver or deliver. The buyer is not entitled to any compensation due to the delay that has arisen.
2. The Buyer is obliged to take delivery of the goods at the moment they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Chilasso Company is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by Chilasso Company or an external carrier, Chilasso Company is, unless otherwise agreed in writing, entitled to charge any delivery costs. These will then be invoiced separately unless explicitly agreed otherwise.
5. If Chilasso Company requires information from the Buyer in the context of the implementation of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the implementation available to Chilasso Company.
6. If Chilasso Company has specified a term for delivery, this is indicative. Longer delivery periods apply for deliveries outside the Netherlands.
7. Chilasso Company is entitled to deliver the goods in parts, unless this is deviated from by Agreement or the partial delivery has no independent value. Chilasso Company is entitled to invoice the thus delivered separately.
8. Deliveries are only made if all invoices have been paid unless explicitly agreed otherwise. Chilasso Company reserves the right to refuse delivery if there are well-founded fears of non-payment.

Article 7 - Packaging and transport
1. Chilasso Company undertakes towards the Buyer to properly package the goods to be delivered and to secure them in such a way that they reach their destination in good condition during normal use.
2. Unless otherwise agreed in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material.
3. Accepting goods without any comments or remarks on the consignment note or receipt counts as proof that the packaging was in good condition at the time of delivery.
4. If packaging material is supplied, the Buyer bears the costs for this. The costs charged by Chilasso Company for the packaging material will be refunded within 14 working days if the material is returned by the Buyer empty and undamaged within one month after the date of delivery.

Article 8 - Investigation, complaints
1. The buyer is obliged to inspect the delivered goods at the time of delivery, but in any case within 24 hours after receipt of the delivered goods, but only to unpack or use them to the extent necessary. to be able to assess whether she keeps the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. Any visible defects or shortages must be reported in writing to Chilasso Company after delivery to [e-mail address]. The buyer has a period of 24 hours after delivery for this. Invisible defects or shortages must be reported within 24 hours after discovery, but no later than 1 month after delivery. In case of damage to the Product due to careless handling by the Buyer himself, the Buyer himself is liable for any depreciation of the Product.
3. If a complaint is made in time pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only take place with the prior written consent of Chilasso Company in the manner indicated by Chilasso Company.
4. Refunds to the Buyer will be processed as soon as possible, but payment can take up to 30 days after receipt of the return shipment. Refunds will be made to the previously specified account number.
5. If the Buyer exercises its right of complaint, it has no right to suspend its payment obligation or to settle outstanding invoices.
6. In the absence of a complete delivery, and / or if one or more Products are missing, and this is due to Chilasso Company, Chilasso Company will, after a request from the Buyer, send the missing Product (s) or the remaining order. Cancel. The confirmation of receipt of the Products is leading. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from Chilasso Company.

Article 9 - Prices
1. During the validity period of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless explicitly stated otherwise.
3. The prices as stated in the Offer are based on the cost factors applicable at the time of the conclusion of the Agreement, such as: the import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the event of Products or raw materials of which there are price fluctuations in the financial market and on which Chilasso Company has no influence, Chilasso Company can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.


Article 10 - Payment and collection policy
1. Payment should preferably be made in advance in the currency in which the invoice is made via the indicated method.
2. The buyer cannot derive any rights or expectations from a previously issued budget, unless the parties have explicitly agreed otherwise.
3. Buyer must make a lump payment to the account number and details of Chilasso Company made known to it. Parties can only agree on a different payment term after explicit and written permission from Chilasso Company.
4. If a periodic payment obligation of the Buyer has been agreed, Chilasso Company is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
5. In case of liquidation, bankruptcy, seizure or suspension of payment of the Buyer, the claims of Chilasso Company on the Buyer are immediately due and payable.
6. Chilasso Company has the right to have the payments made by the Buyer stretch in the first place to reduce the costs, then to reduce the interest due and finally to reduce the principal and the current interest. Chilasso Company can, without being in default, refuse an offer for payment if the Buyer indicates a different order for the allocation. Chilasso Company can refuse full payment of the principal, if not also the open and accrued interest as well as the costs are paid.
7. If the Buyer does not fulfill its payment obligation and has not fulfilled its obligation within the stipulated payment term of 7 days, the Buyer is in default.
8. From the date that the Buyer is in default, Chilasso Company will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with article 6:96 of the Dutch Civil Code, calculated according to the graduated scale. from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
9. If Chilasso Company has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also at the expense of the Buyer.

Article 11 - Warranty
Chilasso Company guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and / or reliability and the legal rules / regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified the Seller of this use in writing at the time of entering into the Agreement.

Article 12 - Retention of title
1. All goods delivered by Chilasso Company remain the property of Chilasso Company until the Buyer has fulfilled all the following obligations from all Agreements concluded with Chilasso Company.
2. The purchaser is not authorized to pledge or encumber in any other way the goods subject to retention of title if ownership has not yet been transferred in full.
3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the Buyer is obliged to inform Chilasso Company of this as soon as can reasonably be expected.
4. In the event that Chilasso Company wishes to exercise its property rights as indicated in this article, the Buyer gives unconditional and irrevocable permission and authorization to Chilasso Company or third parties to be designated by it to enter all those places where the properties of Chilasso Company are located and to take back those items.
5. Chilasso Company has the right to retain the Product (s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled his payment obligations, despite an obligation to transfer or hand over the Chilasso Company. After the Buyer has still fulfilled its obligations, Chilasso Company will make every effort to deliver the purchased Products to the Buyer as soon as possible.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are at the expense and risk of the Buyer and will be reimbursed to Chilasso Company by the Buyer upon first request.
7. The Buyer undertakes to return these Products or the part thereof required by Chilasso Company at the first request of Chilasso Company, insofar as they are still unsold available.
8. In the event of bankruptcy or suspension of payments on the part of the Buyer, seizure of any kind under the Buyer, granting of a request from the Buyer to the court to declare the he is appointed, the Buyer is obliged to immediately notify Chilasso Company in writing or electronically, and also to provide the curator, bailiff or administrator with immediate access to the present agreement.
9. All damage for Chilasso Company caused by failure to comply with this, will be borne by the Buyer.
10. Buyer is obliged to return the Products in a situation as mentioned above to Chilasso Company as soon as possible.
11 The Buyer is obliged to have the correct insurance with regard to the storage and sale of the Products of Chilasso Company.
12. The Buyer undertakes to manage the Products as a good custodian, to take care of their safekeeping and maintenance as a good custodian, to store them in an orderly and orderly manner. All costs, both judicial and extrajudicial, by whatever name, arising from or in connection with the maintenance and safekeeping are exclusively at the expense of the Buyer. If the Buyer does not meet these obligations, Chilasso Company is authorized to take care of these insurance policies at the expense of the Buyer.

Article 13 - User instructions Products
1. Buyer of Products must follow the regulations and instructions of Chilasso Company.
2. The Buyer must keep the Products dry and cool and in accordance with any storage instructions provided.

Article 14 - Suspension and dissolution
1. Chilasso Company is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement, if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, Chilasso Company is authorized to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising for him from any with Chilasso Company. concluded Agreement.
3. Furthermore, Chilasso Company is authorized to dissolve the Agreement or have it dissolved without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or, according to standards of reasonableness and fairness, can no longer be required or if circumstances arise otherwise. occur which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims of Chilasso Company on the Buyer are immediately due and payable. When Chilasso Company suspends the fulfillment of the obligations, it retains its rights under the law and Agreement.
5. Chilasso Company always reserves the right to claim compensation.

Article 15 - Limitation of liability
1. If the execution of the Agreement by Chilasso Company leads to liability of Chilasso Company towards Buyer or third parties, that liability is limited to the costs charged by Chilasso Company in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. . The liability of Chilasso Company is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
2. Chilasso Company is not liable for consequential damage, indirect damage, loss of profit and / or loss, missed savings and damage as a result of the use of the delivered Products is excluded.
3. Chilasso Company is not liable for damage caused by incorrect storage of the Product.
4. Chilasso Company is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and / or incorrect) information on the website (s) or of linked websites.
5. Chilasso Company is not responsible for errors and / or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.
6. Chilasso Company does not guarantee a correct and complete transfer of the content of and e-mail sent by / on behalf of Chilasso Company, nor for the timely receipt thereof.
7. All claims of the Buyer due to shortcomings on the part of Chilasso Company lapse if they are not reported in writing and with reasons to Chilasso Company within one year after the Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer lapse in any case one year after the termination of the Agreement.

Article 16 - Force majeure
1. Chilasso Company is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be held to comply with any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and is not for its account under the law, legal act or generally accepted standards.
2. Force majeure is in any case understood, but is not limited to what is understood in this respect in law and jurisprudence, (i) force majeure of suppliers of Chilasso Company, (ii) failure to properly fulfill obligations of suppliers made by the Buyer. prescribed or recommended to Chilasso Company, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government measures, (v) power failure, (vi) failure of the internet, data network and telecommunication facilities (for example by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) work strikes at Chilasso Company's business and (xi) other situations that, in Chilasso Company's judgment, are beyond its control temporarily or permanently prevent the fulfillment of its obligations.
3. Chilasso Company has the right to invoke force majeure, if the circumstance that prevents (further) fulfillment occurs after Chilasso Company should have fulfilled its obligation.
4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.
5. Insofar as Chilasso Company at the time of the occurrence of force majeure has meanwhile partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Chilasso Company is entitled to the already fulfilled or part to be fulfilled separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 17 - Transfer of risk
The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer being a company at the moment the goods leave the warehouse of Chilasso Company.

Article 18 - Intellectual Property Rights
1. All intellectual property rights and copyrights of Chilasso Company rest exclusively with Chilasso Company and are not transferred to Buyer.
2. The Buyer is prohibited from disclosing and / or multiplying, modifying or making available to third parties all documents on which the intellectual property rights and copyrights of Chilasso Company rest without the express prior written permission of Chilasso Company. If the Buyer wishes to make changes to goods delivered by Chilasso Company, Chilasso Company must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products on which the intellectual property rights of Chilasso Company rest other than agreed in the Agreement.

Article 19 - Privacy, data processing and security
1. Chilasso Company handles the (personal) data of the Buyer and visitors to the website (s) with care. If requested, Chilasso Company will inform the person concerned about this.
2. If Chilasso Company is required to provide security for information under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs, is not unreasonable.

Article 20 - Complaints
1. If the Buyer is not satisfied with the Products of Chilasso Company and / or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant cause for the complaint. led to report. Complaints can be reported via info@chilasso.com with the subject “Complaint”.
2. The complaint must be sufficiently substantiated and / or explained by the Buyer if Chilasso Company is to be able to handle the complaint.
3. Chilasso Company will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. The parties will try to find a solution together.

Article 21 - Applicable law
1. Dutch law applies to every Agreement between Chilasso Company and Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text will always be decisive. Chilasso Company has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Chilasso Company and Buyer will be settled at the competent Court of Noord-Holland, location Amsterdam, unless mandatory provisions of law lead to the jurisdiction of another court.

Amsterdam, October 1, 2020

Contact

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E: info@chilasso.com
T: +31(0)6 228 246 92  
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