General Terms and Conditions of Sale

Dear customer,

As Dorstlust B.V. (and/or affiliated companies) (we or us), we are happy to do business with you. Below you'll find our General Terms and Conditions of Sale (Terms). We may amend these Terms from time to time. 

If you have any questions about these Terms, don't hesitate to contact one of your Dorstlust sales representatives. 

1. The Agreement

   1. You'll find the key terms of your purchase in the relevant purchase agreement. These Terms are applicable to such purchase agreement and to all our offers, deliveries and partnerships pursuant to any agreement entered into with you (each such agreement, an Agreement). If the content of the Agreement differs from these Terms, the Agreement prevails.

   2. Derogations from and supplements to these Terms may only be agreed explicitly in writing. 

   3. Our offers, quotations and price lists are without engagement and can be revoked or changed until we have confirmed your purchase order and concluded the agreement. 

2. Prices

   1. We will charge the prices indicated in the price list included in the Agreement upon concluding the Agreement. All prices that we apply are based on the price-determining factors that are known at the time of concluding the Agreement.

   2. Unless our price list explicitly states otherwise, our prices are in euro, excluding VAT and excluding deposit.

   3. Our prices include standard packaging. Auxiliary packaging materials, such as pallets, are not included in our prices. We can charge you a returnable deposit for such materials. We will refund the deposit if we have received the materials undamaged. You have to return the materials to us as quickly as possible.

   4. All offers by Dorstlust are only valid for the day the offer is announced to you, unless you are notified in writing that the offer is valid for an extended period. 

   5. We try to be as sustainable as possible. Unfortunately, orders of one or two items do not work out for us. That is why we apply a minimum order amount of EUR 350,00 ex VAT and ex deposit (statiegeld) per delivery.

3. We can adjust our prices

   1. We can adjust the prices of our products and services that have not yet been delivered or paid for. Such price adjustments will be made on the basis of changes in the price-determining factors, such as the prices of raw materials, wages and exchange rates.

   2. An increase in VAT rates or other government levies may always be charged on to you.

4. Payment 

   1. Our invoices must be paid within 14 days following the invoice date, unless explicitly stated otherwise. 

   2. You do not have any right to suspend or setoff (verrekenen) your payment obligation. 

   3. If you don't pay within 30 days following the invoice date, you will be in default (in verzuim) under the Agreement and you will owe us statutory commercial interest (within the meaning of article 6:199a of the Dutch Civil Code) on any amount due and payable under the Agreement. 

   4. If you are in default of your payment obligation under the Agreement, we reserve the right to suspend further execution of any Agreement with you until the payment has been made. 

   5. You will be obliged to pay all judicial and extrajudicial costs that we incur in connection with a default of your payment obligation under the Agreement.

5. Pre-payment

   1. We can ask you for an advance payment or additional security

   2. We can ask you to make full or partial payment in advance. 

   3. We may ask you to provide us security, for example in the form of a bank guarantee.

   4. If we have well-founded grounds to believe that you will not be able to comply with your payment obligations under the Agreement, and you refuse to provide us security, we can suspend execution of any Agreement with you. 

6. Delivery 

   1. Our delivery dates are non-binding indications. Exceeding the delivery time will not give rise to any default on our part and does not lead to any duty to pay compensation or a right to dissolve or terminate the Agreement. 

   2. We deliver on business days (Monday through Friday) only. 

   3. Unless otherwise agreed, the order on our webshop is automatically scheduled for free delivery on the next delivery day, unless other circumstances prevent this. 

   4. Delivery is free in the following cities: Amsterdam, Rotterdam, Den Haag (Scheveningen), Utrecht, Leiden, Delft, Haarlem (Zandvoort). 

   5. You can ask for specific delivery requirement in the comments field [in the order form].

   6. We work with local (small) suppliers, which means a product may not always be (instant) available. We reserve the right to re-deliver products that are not in stock. We will communicate the status of the delivery with you. 

   7. From the moment of delivery, the purchased products/goods shall be at your expense and risk. 

   8. If you have any complaints about an order being incorrect or incomplete, you must submit a complaint within 3 days following the delivery date. If you have a complaint about a defect product, you must submit a complaint within 7 days from the moment at which you (should have) discovered the fault.

   9. A complaint must include a clear and precise description of the defect. The complaint must be sent by email or registered letter.

   10. If we don’t receive any complaints in accordance with article 4.8 or 4.9, the products will be noted as accepted.

   11. You may return (incorrect or damaged) orders in consultation with us. It is important that the package is still sealed or unopened and that the return is reported immediately. Returns carried out without our agreement will not release you of your payment obligations.
       

7. Deposit (statiegeld) 

   1. We return the empty packaging upon delivery. 

   2. Unless otherwise agreed, we will not visit you to collect empty packaging only. We will charge EUR 25.00 for collecting empty packaging only. 

   3. In case no new order has been placed you are responsible for returning the empty packaging to us, which can be effectuated by appointment. 
      

8. Force Majeure

   1. If we face a force majeure situation, our compliance with the Agreement will be suspended in whole or in part during the duration of the situation involving force majeure. In this situation, we have no obligation to pay any compensation to you.

   2. If it can reasonably be assumed that the situation involving force majeure will continue longer than 3 months or has already continued for 3 months], we will be entitled to terminate the Agreement effective immediately in writing, without any right to compensation.

   3. Force majeure may include: 

   4. circumstances with respect to persons or materials that we use (or attempt to use) for performance of the Agreement, that are of such a nature that it has become impossible to perform the Agreement, or in respect of which it would be so onerous or disproportionally expensive for us that we cannot be expected to immediately comply with the Agreement; 

   5. labour disputes; 

   6. circumstance in which we fail to receive goods or services that are of importance in connection with the goods or service that we must deliver or provide, or fail to receive such goods or services properly and in a timely manner; 

   7. wars, riots, extreme weather conditions, strikes, staff shortage, transport difficulties, epidemic, pandemic; and 

   8. legal or regulatory measures.

   
   

9. Suspension or dissolution

   1. We can suspend the performance of the Agreement or dissolve the Agreement, effective immediately, if: 

• you act in breach of the Agreement or these terms;

• a breach of the Agreement or these Terms by you is imminent; 

• you are (being) granted, or have applied for, a suspension of payment; 

• you are (being) declared bankrupt; 

• you are (being) placed in receivership or under administration; 

• your business is being sold or closed down;

• the permits that you require for the performance of the Agreement are (being) revoked; or 

• an attachment is levied on a significant part of your operating assets. 

  2. If we suspend or dissolve the Agreement because of reasons mentioned in art 7.1, we don’t have to pay you any compensation. Any claims that we have against you will be due and payable immediately and in full.

8. Quality

   1. Unless otherwise explicitly agreed on at the time of sale, regular quality of the products will be delivered and in terms of type, dimensions, number etc. per commercial unit, regular commercial practices are deemed to have been agreed. 

   2. Dorstlust respects the requirements of the Dutch food legislation, including the application of the HACCP (Hazard AnalysiS Critical Control Points). Dorstlust also complies with the Hygiene Code for the catering industry, as determined by the Bedrijfsschap Horeca. You will also comply with the Dutch Food Law and the Hygiene Code, respectively the HACCP-system. If you fail to meet this requirement, you have no right to any claims. 
      

9. Product recall - your cooperation in case of a product recall:

   1. If we initiate a product recall, you will immediately follow our directions to inform customers and to destroy or return the recalled products within 14 days. 

   2. We will reimburse you for the returned or destroyed products in case of a product recall.

   3. You will inform us of any defective or unsafe product that may qualify for a product recall, as soon as you discover such product or as soon as you become aware of such product.

10. Liability for damage

    1. We are not liable for any damage that you sustain, unless the damage is the result of our willful misconduct or gross negligence. 

    2. Our liability for your indirect damages, including (but not limited to) consequential damages, lost profits or savings, reduced goodwill, losses due to business interruption, losses as a result of claims from your customers and damages in connection with your engagement of third parties, is excluded. 

    3. In any case, our liability is limited to a maximum amount that is equal to the price we invoiced for the Agreement the damages pertain to (excluding taxes). 

    4. If you have sustained damage, you have to report this to us by email or registered letter as soon as possible. Any damage that is not reported within 14 days following the damage occurs or you become aware of it, will not be eligible for compensation. 

    5. Your legal claims against us are time-barred after one year from the date on which the relevant obligation from the order has become due and payable or the incident that caused the damage has occurred. 

You indemnify us in full against third party claims 

1. You indemnify us against claims that third parties bring in connection with goods that we have delivered, or services we provided, unless the cause of the damage is attributable to us. 

2. You indemnify us against third party claims for product liability within the meaning of clause 6:185 and further of the Dutch Civil Code (Burgerlijk Wetboek) if the cause of such claim is attributable to you.

11. Retention of title (Eigendomsvoorbehoud) 

    1. All the products that we deliver will remain our property until you have paid in full all the amounts that you owe us in connection with the Agreement (or breaches of the Agreement) and other related agreements, including any interest and costs. In case of prepayment, the products will remain our property until the moment of delivery. 

    2. You will store our products separately, securely and recognizable as long as they remain our property.

    3. As an exception to article 11.1, you may dispose of (beschikken over) the products subject to the abovementioned retention of title in the context of your normal conduct of business. Normal conduct of business means selling the products to your customers through your regular sales channel.

    4. If you do not pay in time (or there is an imminent threat that you won’t pay in time), we will be entitled to take back the products that are our property wherever they are located, at your expense. You are obliged to fully cooperate, and will have to pay a fine of EUR 500 for each day you are in default. 

    5. If applicable, you will inform third parties of our retention of title. If third parties claim that they have rights in respect of the products that are our property, you will be obliged to give us notice within 24 hours after it has come to your attention. We will then be entitled to take the products in question, to repossess them and to have them placed elsewhere at your expense.

    6. In case of reclamation by Dorstlust, the Agreement is not dissolved, unless Dorstlust had informed you otherwise. 

12. Age restrictions on purchase 

    1. The purchase of certain products made available on our website are subject to age requirements specified by law. We are not permitted by law to supply these products to individuals who do not satisfy these age requirements and, if you are underage, you must not attempt to order these products through our website. 

    2. In particular, please note that age restrictions apply in the Netherlands to the purchase of alcohol. Alcohol can only be purchased by, and for, individuals aged 18 and over. By placing an order for any products you confirm that you (and, if different, the recipient of the product) satisfy the age requirements necessary to buy that product.
       

13. Privacy 

    1. We respect your privacy. When you make use of our services, we will collect certain personal date from you, to allow proper use of the services. 

    2. We may use your personal date to send you newsletters, communications containing marketing or promotional materials and other information that may be of interest to you. You may choose at any time to opt-out of receiving any or all of these communications by clicking the unsubscribe link included in each message. 

    3. We will not share your personal data with third parties, unless we are legally obliged to do so. 

    4. As a data subject you have the right to rectify or update your personal data, ask us to remove your personal data from our systems, ask us for a copy of the personal data processed of you.

    5. It is our policy to store and process only the personal data that are essential to provide you with the best possible service. We will not process or store any personal data that we do not need. We store personal data for as long as we need it for the above purposes, unless we are legally obliged to retain the personal data for a longer period. 
       

14. Confidentiality

    1. You will not disclose or use any of our confidential information (both during the Agreement and thereafter), unless we have given you prior written consent.

    2. Confidential information is information that we characterize as confidential and information of which you can reasonably suspect that it is confidential. 

    3. You have limit access to confidential information to the persons who require it in connection with (your performance of) the Agreement. 

    4. This confidentiality clause does not apply if you can demonstrate with written evidence that you have a legal duty to disclose confidential information. You will notify us of such duty prior to disclosure.
       

15. Transfer of rights

    1. You cannot transfer any rights and obligations under the Agreement or these Terms to a third party, unless we have given prior written consent. 

    2. We are entitled to transfer any rights and obligations under the Agreement of these Terms.

16. Invalidity of a provision 

    1. The invalidity or inapplicability of a provision in the Agreement or these Terms will not affect the validity of other provisions. 

    2. If a provision is invalid or inapplicable, we will replace this provision by a provision which comes as close as (legally) possible to the economic purpose pursued by us in the original provision. 

17. Applicable law and competent court

    1. The legal relationship between you and us is governed by Dutch law. Disputes will be resolved by the competent court of Amsterdam, the Netherlands.

    2. We may also bring disputes before the courts of the state where you are domiciled or have assets.