Terms and Conditions
Article 1 – Information NO SUGAR DADDIES
NO SUGAR DADDIES B.V.
Gasthuisvest 47, 2011EV Haarlem, The Netherlands
Chamber of Cmmerce – number: 81870000
Article 2 – Applicability
- These terms and conditions apply to and are part of every offer and / or quotation from No Sugar Daddies and to every agreement between No Sugar Daddies and the Buyer.
- General (purchase) conditions of the buyer do not apply to these agreements, unless explicitly agreed otherwise.
- Any invalidity of one or more provisions of these terms and conditions does not affect the validity of the other provisions. In that case, the parties will replace the invalid provisions as much as possible by valid provisions, the effect of which is as close as possible to that of the invalid provisions.
- These terms and conditions can be changed by a single communication from No Sugar Daddies to the Buyer. In the absence of protest within one month after notification, the amended terms and conditions apply from the day of notification to all new and ongoing agreements.
- In these terms and conditions, the Buyer is: the natural or legal person who has instructed No Sugar Daddies to deliver products or perform work.
Article 3 – The offer
- All quotations and offers from No Sugar Daddies are without obligation. A quotation or offer expires after 14 days or earlier if the product to which the quotation or offer relates is no longer available.
- Obvious mistakes or errors in the quotation or offer do not bind No Sugar Daddies. The Buyer 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 deviates from the offer included in the quotation or offer, No Sugar Daddies is not bound by it.
Article 4 – The agreement
- The agreement is concluded at the time of acceptance by the Buyer of the offer and compliance with the corresponding conditions.
- No Sugar Daddies reserves the right at all times to refuse orders or requests for reasons of its own or to attach special conditions to the execution.
- The Buyer is obliged to carefully read and observe the instructions for use and warning instructions accompanying the delivered products before use.
- No Sugar Daddies has the right to have certain activities performed by third parties. No Sugar Daddies is not liable for damage resulting from shortcomings of third parties engaged by No Sugar Daddies.
- If No Sugar Daddies needs information from the Buyer for the implementation of the agreement, the implementation period will only start after the Buyer has made it available to No Sugar Daddies correctly and completely.
Article 5 – Returns and right of withdrawal
- The Buyer must check on delivery whether the products comply with the agreement. If this is not the case, he must inform No Sugar Daddies in writing within 8 days. After the expiry of this period, the Buyer is deemed to have accepted the goods.
- If it is shown that the products do not comply with the agreement, No Sugar Daddies has the choice to replace the products concerned by returning them with new products or to refund the invoice value thereof.
- If the Buyer does not wish to purchase a product for whatever reason, he has the right to return the product at his own expense within 8 days after delivery. Return shipments must be properly packaged.
- No Sugar Daddies excludes the right of withdrawal for products that can spoil or age quickly. If the product does not arrive in the desired condition, a new one can be picked up / delivered after consultation.
Article 6 – Price and payment
- The invoices of No Sugar Daddies must be paid within 14 days, failing which the Buyer is in default. In that case, the Buyer is obliged to reimburse No Sugar Daddies for all collection costs, including any attorney’s fees.
- Three months after the conclusion of the agreement, No Sugar Daddies is entitled to implement price increases, insofar as such a price increase is not unreasonably onerous for the Buyer.
Article 7 – Delivery and execution
- No Sugar Daddies executes all orders expeditiously and as carefully as possible.
- The place of delivery is the address that the Buyer has made known to No Sugar Daddies. No Sugar Daddies only delivers to addresses where its product can be received (and not to postal addresses).
- The Buyer is responsible for the correct notification of address changes.
- No Sugar Daddies is not liable for damage resulting from incorrect and / or incomplete (address) information provided by or on behalf of the Buyer.
- The delivery times stated by No Sugar Daddies are indicative. Exceeding any delivery period does not entitle the Buyer to dissolution and / or compensation. Where appropriate, a solution will be sought in consultation.
- The transfer of ownership of the products will only pass to the Buyer after the Buyer has fully complied with all claims of No Sugar Daddies.
Article 8 – Intellectual property rights
- All intellectual property rights with regard to the products delivered by No Sugar Daddies (including in any case logos, recipes, texts and images) are vested in No Sugar Daddies and / or those from whom it has obtained a license. This means that it is not permitted to disclose, reproduce and / or edit this information without prior express permission, except for personal use.
- Intellectual property rights that rest on the products delivered by No Sugar Daddies are fully and unconditionally respected by the Buyer. No Sugar Daddies does not guarantee that the products delivered to the Buyer do not infringe any intellectual and / or industrial property rights of third parties.
Article 9 – Duration of transactions: cancellation
- In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment – if and insofar as the attachment is not lifted within three months – at the expense of the Buyer, of debt restructuring or any other disposes of its assets, No Sugar Daddies is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation to pay any compensation or indemnification. The claims of No Sugar Daddies on the Buyer are in that case immediately due and payable.
- If the Buyer cancels an order placed in whole or in part, then the goods ordered or prepared for this, plus any supply and delivery costs thereof and the working time reserved for the execution of the agreement, will be charged in full to the Buyer. .
Article 10. Liability
- With regard to business buyers (buyers acting on the basis of their company or function), any liability of No Sugar Daddies is limited as follows.
- Any liability of No Sugar Daddies is always limited to the amount that is paid out by the insurer in the specific case.
- No Sugar Daddies is only liable for direct damage. Direct damage is understood to mean the reasonable costs to determine the cause and extent of the damage, the costs incurred by the Buyer to have the defective performance comply with the agreement and / or the costs of the Buyer to prevent or limit damage. The Buyer must demonstrate that these costs have led to a limitation of direct damage.
- No Sugar Daddies is under no circumstances liable for indirect damage. Indirect damage includes loss of profit, loss of goodwill, reputation, trade or contracts, lost savings and damage due to business interruption.
- No Sugar Daddies is not liable for any damage suffered by the Buyer for which his insurance provides cover.
Article 11 – Force majeure
- No Sugar Daddies is not obliged to fulfill any obligation towards the Buyer if it is unable to do so due to force majeure.
- Force majeure is understood to mean any circumstance beyond the control of No Sugar Daddies, which prevents fulfillment of its obligations towards the Buyer or as a result of which compliance cannot reasonably be expected of No Sugar Daddies, regardless of whether that circumstance at the time the agreement was foreseeable. These circumstances also include: (i) force majeure on the part of suppliers of No Sugar Daddies, (ii) failure to properly fulfill obligations of suppliers of No Sugar Daddies, (iii) defectiveness of goods, equipment, software or materials of third parties, (iv) government action, (v) power failure, (vi) failure of the Internet, computer network or telecommunications facilities, (vii) war, (viii) workload, (ix) strike, and (x) general transportation problems.
- In case of force majeure, No Sugar Daddies has the choice to suspend the execution of an order or to dissolve the agreement without judicial intervention, by notifying the buyer in writing and without No Sugar Daddies being obliged to pay any compensation.
Article 11 – Uitsluiting precedentwerking
- If No Sugar Daddies allows deviations from these general terms and conditions, whether tacitly or otherwise, for a short or longer period of time, this does not affect its right to demand immediate and strict compliance with these terms and conditions. The Buyer can never assert any rights based on the fact that No Sugar Daddies applies these conditions flexibly.
Article 12 – Complaints procedure
- Complaints submitted to No Sugar Daddies will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, No Sugar Daddies will reply within 14 days with a notice of receipt and an indication when the Buyer can expect a more detailed answer.
Article 13 – Disputes
- Agreements between No Sugar Daddies and the Buyer to which these general terms and conditions apply, are exclusively governed by Dutch law. Disputes between No Sugar Daddies and the Buyer will be submitted exclusively to the competent court in the Netherlands.