General Terms and Conditions 2024

Article 1. General

1.1 These terms and conditions apply to all offers and all agreements for the delivery and provision of sandwiches/catering activities between Broodjes Direct and the client.

1.2 Standard terms and conditions used by the client do not apply unless they have been expressly accepted in writing by Broodjes Direct.

1.3 All offers and quotations from Broodjes Direct are without obligation, unless expressly stated otherwise. Every offer is valid for 14 days after the quotation has been issued, unless stated otherwise.

Article 2. Agreements

The agreement, under whatever name, will only be concluded after Broodjes Direct has accepted an order from the client. This acceptance can be evident from the written confirmation of Broodjes Direct as well as from the fact that Broodjes Direct is executing the agreement.

Article 3. Price/Payment

3.1 If, after the agreement has been concluded, one or more of the price factors increase, Broodjes Direct is entitled to increase the agreed price accordingly, even if the increase is caused by foreseeable circumstances.
Broodjes Direct will announce such a price increase to the client as soon as possible. If such a price increase occurs within three months after the effective date of the agreement, the client is entitled to terminate the agreement within seven days after the client has been able to take note of the announced price increase.

3.2 Payment must be made within 7 days of the invoice date.

3.3 If the client is negligent in fulfilling his payment obligations, Broodjes Direct is entitled to suspend its activities.

3.4 The client is not entitled to deduct any claims against Broodjes Direct from the amount owed by the client to Broodjes Direct.

3.5 All amounts owed by the client are immediately due and payable if the client fails to meet his payment obligations, becomes bankrupt, applies for a provisional or definitive suspension of payments, is placed under guardianship, if an attachment is levied on his assets and/or claims, and if he dies, goes into liquidation or is dissolved.

3.6 Broodjes Direct reserves the right to supply the customer with a comparable or more expensive product than originally ordered in the event of a shortage.

Article 4. Delivery time

4.1 The delivery period of the agreed services stated by Broodjes Direct is based on the working conditions applicable at the time of the order confirmation. If a delay occurs through no fault of Broodjes Direct as a result of a change in the said working conditions, the delivery period will be extended as necessary. The delivery period will also be extended if the delay on the part of Broodjes Direct is caused by the client's failure to comply with any obligation arising from the agreement for the client or to cooperate as required of the client.

4.2 Except in the case of intent or gross negligence on the part of Broodjes Direct, exceeding the delivery time does not entitle the client to full or partial termination of the agreement or to compensation for any damage suffered by the client.

4.3 If delivery cannot take place in the agreed manner due to causes not attributable to Broodjes Direct, Broodjes Direct is entitled to charge the client for the costs involved.

4.4 All additional costs in connection with the delivery that Broodjes Direct incurs at the express request of the client will be charged separately to the client, unless otherwise agreed in writing.

Article 5. Force Majeure

In these general terms and conditions, “force majeure” means any circumstance beyond the control of Broodjes Direct – even if this was foreseeable at the time the agreement was concluded – which permanently or temporarily prevents performance of the agreement, as well as, insofar as not already included: war, threat of war, civil war, riot, strike, lockout, fire and other serious disruptions in the business of Broodjes Direct or its suppliers.

Article 6. Suspension and termination

6.1 In the event of an impediment to the performance of the agreement due to force majeure, Broodjes Direct is entitled to immediately suspend the performance of the agreement in whole or in part for a maximum of 2 days, or to terminate the agreement in whole or in part, without Broodjes Direct being liable for any damages.

6.2 If the client fails to fulfil any obligation arising from the agreement concluded with Broodjes Direct or from a related agreement, or fails to fulfil it properly or in a timely manner, or if there is good reason to fear that the client is or will not be able to fulfil its contractual obligations towards Broodjes Direct, as well as in the event of bankruptcy, suspension of payment, closure or partial transfer of the client's company, Broodjes Direct is entitled, without notice of default, either to suspend the performance of the agreement for a maximum of one month or to terminate it in whole or in part.

6.3 In the event of suspension or termination on the basis of paragraphs 1 and 2 of this article, the agreed price shall become immediately due and payable.

Article 7. Securities

If Broodjes Direct has valid reasons to doubt the willingness to pay and the financial standing of the client, it has the right, before carrying out work or continuing work, to demand security for the fulfilment of all obligations of the client under the agreement. If such security is refused by the client, Broodjes Direct is free to consider the agreement as dissolved, without prejudice to the rights of Broodjes Direct to compensation for all damage, expenses and loss of profit.

Article 8. Liability

8.1 Broodjes Direct is only liable for damage incurred during or on the occasion of the execution of the agreement, if and to the extent that:
– the damage is the result of intent and/or gross negligence on the part of Broodjes Direct and/or its managerial subordinates;
– Broodjes Direct has insured the risk of this damage occurring, not being the result of intent and/or gross negligence on the part of Broodjes Direct and/or its managerial subordinates, under the usual conditions, or at least must be deemed to have been able to insure itself under the usual conditions.

Broodjes Direct will in such a case owe compensation up to a maximum of the amount per claim for which it is insured, or at least could have insured itself, all in a manner as determined in the previous paragraph. This compensation will also never be higher than the amount agreed for the assignment.

8.2 Broodjes Direct will not be eligible for compensation for business damage and damage due to loss of income of the client, however caused.

Article 9. Complaints/claims

9.1 The Client may, under penalty of forfeiture of all rights to which he is entitled, only invoke a defect in the performance of the agreement if he has protested to Broodjes Direct by e-mail and telephone within a reasonable period of time, which in the case of perishable goods in this case means within 2 hours of delivery.

9.2 Advertising does not give the client the right to suspend his obligations in whole or in part.

Article 10. Applicable law

The agreement is governed by Dutch law.

Article 11. Competent court

All disputes arising from the agreement will be submitted by the parties exclusively to the competent court in The Hague, subject to the right of Broodjes Direct to initiate proceedings before another competent court.

Article 12. General company information

SANDWICHES DIRECT
A. van Leeuwenhoekweg 36 A4
2408 AN Alphen aan den Rijn
Tel: 085-3016347
www.broodjesdirect.nl

VAT number: NL183387818B01
Chamber of Commerce number 56807775
Rabobank: 39.17.80.565
IBAN: NL09RABO0391780565