STANDARD TERMS AND CONDITIONS OF SALE
1. Applicability and Exclusivity
- Exclusivity of Terms: These terms and conditions apply to all wholesale sales and contractual relations by Chardy’s B.V.
- Waiver of Buyer Terms: The client explicitly waives its own standard terms and conditions, even if these were drawn up after these standard terms and conditions of sale.
- Written Modifications: In order to be valid, any derogation must be expressly agreed to in advance in writing by Chardy's B.V.
- Minimum Order: 1 full case of 12 products per order.
- Case Increments: All products must be ordered in full case quantities of 12 bottles or jars.
- Wholesale Pricing: Prices are as stated in our current wholesale catalog and are subject to change with 30 days' notice.
- Standard Terms: Our invoices are payable within 15 working days, unless another payment timeframe is indicated on either the invoice or the order.
- Late Payment Interest: In the event of non-payment by the due date, Chardy’s B.V. reserves the right to request a fixed interest payment amounting to 10% of the sum remaining due.
- Suspension of Deliveries: Chardy’s B.V. will be authorized to suspend any provision of services or shipments without prior warning in the event of late payment.
- Debt Collection & Legal Costs: If a payment is still outstanding more than sixty (60) days after the due payment date, Chardy’s B.V. reserves the right to call on the services of a debt recovery company. All legal expenses will be payable by the client.
- Withholding at Source: Certain countries apply withholding at source on the amount of invoices, in accordance with their internal legislation. Any withholding at source will be paid by the client to the tax authorities.
- Full Invoice Amount Due: Under no circumstances can Chardy’s B.V. become involved in costs related to a country's legislation. The amount of the invoice will therefore be due to Chardy’s B.V. in its entirety and does not include any costs relating to the legislation of the country in which the client is located.
- Shipping Fees: The Buyer pays for shipment at an agreed fee, which will be added to the invoice or calculated at checkout.
- FOB Destination: All shipments originate from Almere. Chardy's B.V. assumes full responsibility for risk of loss or damage during shipment until the goods are delivered to the Buyer's specified address.
- Transfer of Liability: Upon successful delivery by the carrier (PostNL or DPD) to the delivery address, all responsibility, risk of loss, and liability transfer entirely to the Buyer.
- Fulfillment: Chardy’s B.V. undertakes to do its best to supply performant services in due time in accordance with the agreed timeframes. Standard order processing time is 3 to 5 business days.
- Obligation of Means: None of the obligations of Chardy's B.V. can be considered as being an obligation to achieve results.
- Admissibility of Claims: In order for it to be admissible, Chardy’s B.V. must be notified of any claim by means of a letter sent by recorded delivery to its registered office within 8 days of the delivery of the goods or the provision of the services.
- Damage Evidence: Report any broken glass, leaks, or shortage claims within 48 hours of receipt with photographic evidence of the damaged product and packaging to assist with carrier claims.
- Third-Party Indemnification: Chardy’s B.V. cannot under any circumstances, be required by the client to appear as a third party in the context of any claim for damages filed against the client by an end consumer.
- Returns: Due to the perishable nature of food products, all sales are final. Returns are not accepted for unsold inventory.
- Storage Conditions: Buyer agrees to store products in a cool, dry place away from direct sunlight.
- Proper Rotation: Buyer must practice First-In, First-Out (FIFO) inventory management to ensure maximum product freshness.
- Approved Channels: Buyer is permitted to sell products within their physical retail storefronts, via local markets (pop-ups, farmer's markets, fairs), and online exclusively through their own independent web shop.
- Third-Party Restriction: Selling on Amazon, eBay, Bol.com, Walmart.com, or any other third-party online marketplaces is strictly prohibited.
- Applicable Law: All our contractual relations will be governed exclusively by Netherlands law.
2. Minimum Order Requirements
3. Pricing, Payment, and Late Fees
4. International Taxes and Withholding
5. Shipping and Delivery
6. Claims, Inspection, and Limitation of Liability
7. Product Storage and Shelf Life
8. Retail Channels and Online Sales Restrictions
9. Governing Law