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Terms & Conditions

Legal Notice

Please read this notice carefully. It regulates your use of these website pages (hereinafter referred to as “Global Choice Foods website”) and all material within it. The materials available on the Global Choice Foods website are provided by Global Choice Foods V.O.F. Centrale Groothandelsmarkt 124, 1051 LJ Amsterdam, the Netherlands.

By simply using the Global Choice Foods website, you understand and accept the terms and conditions of use in this legal notice and the regulatory requirements governing the use of Global Choice Foods website.

Copyright

The entire content of Global Choice Foods website including all website design, texts, lay-out, drawings, photos, films, graphics and any other elements of these web pages, and the selection and arrangement thereof, are the sole and exclusive property and copyright of Global Choice Foods V.O.F. or are included with permission of the relevant owner, ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hard copy portions of the Global Choice Foods website for the sole purpose of executing arrangements in a specific agreement with Global Choice Foods and provided that you do not remove any copyright or other proprietary notices. Any other use of materials on the Global Choice Foods website, including
reproduction, adaptation, modification, traduction, distribution, republication or linking into for personal, public or commercial purposes, other than those noted above without the prior explicit written permission of Global Choice Foods is strictly prohibited.Any downloading or otherwise copying from the Global Choice Foods website will not transfer title to any software or material to you. Any infringement will be pursued by appropriate legal action.

Trademarks

On the Global Choice Foods website, you will encounter different signs, capable of being represented graphically such as but not limited to words (including personal names), designs, letters, numerals, shapes of goods or of their packaging, pictures, images, logo’s, trade names, pictures etc.

Please note that such signs are registered as trademarks in certain jurisdictions in the name of Global Choice Foods.
All page headers, custom graphics and button icons, are service marks, trademarks, and/or trade dress of Global Choice Foods.
All other trademarks, product names, and company names or logos cited herein, are the property of their respective owners.

Disclaimer

Global Choice Foods website and its contents on an “as is” basis and makes no representations or warranties of any kind express or implied with respect to this site or its contents.

In particular but without limitation, Global Choice Foods makes no representations or warranties that:

– the information on the Global Choice Foods website is merchantable or fit for a particular purpose.
– the information on the Global Choice Foods website is accurate, complete or current.
– you will be able to use the Global Choice Foods website or that it will continue to be made available in its current or any other form.
– the Global Choice Foods website or any software or material of whatsoever
nature available on or downloaded from it will be free from viruses or defects,compatible with your equipment.
It is your responsibility to:
– use anti-virus software on any software or other material that you may download from the Global Choice Foods website and to ensure compatibility of such software or material with your equipment
– check any content or information published on the Global Choice Foods website to be accurate or complete
The editorial content of any other website to which you have gained access by means of any hyperlinks published on the Global Choice Foods website remains the sole responsibility of the provider of that other website.

Global Choice Foods will not (subject only to the exclusion provisions below) be liable to you, whether for negligence, breach of contract or otherwise, for any loss or damage of whatsoever nature suffered by you (including, without limitation, direct loss or damage, indirect or consequential loss or damage, loss of goodwill, loss of business opportunity, loss of data or loss of profit),arising from: any computer virus or other bug transmitted through the Global Choice Foods website; your use or inability to use the Global Choice Foods website at any time and any error in the provision of the Global Choice Foods website; your use of or reliance on other websites to which you have gained access by means of hyperlinks published on the Global Choice Foods website; any inaccurate information published on the Global Choice Foods website; your failure to comply with any laws or regulations that are applicable to you or your reliance on any information published on the Global Choice Foods website.

Nothing in this legal notice shall operate to exclude or restrict our liability for fraud, death or personal injury resulting from our or our employees’ gross negligence or willful misconduct. Prices, if any, and availability information, if any, are subject to change without notice.

All product specifications, if any, are subject to change without notice. Neither any company within Global Choice Foods nor any of its directors, employees or representatives shall be liable for any damages arising out of or in connection with the use of this website.

This is a comprehensive limitation of liability that applies to all damages of any kind, including, but not limited to compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Copyrights for the photographs reproduced herein are vested with the individual photographers or Global Choice Foods, and may not be reproduced in any form without prior permission from the creators.

Governing law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its choice of law principles to the contrary. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in Amsterdam, The Netherlands, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this Notice.

General trading conditions

Terms of payment and delivery

1 General area of validity.

The company Global Choice Foods V.O.F. exclusively supplies on the basis of these general terms of delivery and payment. By purchasing goods delivered by Global Choice Foods, the purchaser implicitly acknowledges these general terms of delivery and payment as the basis of business contracts with Global Choice Foods.

2 Terms of delivery.

  • 1. If the stated time of delivery is – exceptionally – exceeded, the purchaser can withdraw from the sales contract after a respite of 14 days, except in the cases mentioned in § 2.2 en § 2.3. The right to damages for a possible delay disadvantage is ruled out. The purchaser can, in addition to cancelling the contract, only require a recovery of damages if the non delivery is intentional or caused by accountable negligence of the company Global Choice Foods V.O.F.
  • 2. Delays as a result of natural disasters and circumstances beyond one’s control or other unforeseeable, unusual events, for which Global Choice Foods is not accountable, do not entitle the purchaser to cancel the purchase or to require a recovery of damages.
  • 3. The company Global Choice Foods V.O.F. fulfils its obligation of delivery in Amsterdam. If – on request of the purchaser – an agreement has been made to deliver the goods at the purchaser’s company, this will be – without exception –at the expense * and risk of the purchaser.

 

3 Indemnification from claims

  • 1. The purchaser’s rights to claim imply that the purchaser fulfils his obligation of investigation and reprimand according to §§ 377, 378 of the commercial code.
  • 2. The purchaser is obligated to check the delivered goods immediately after receipt concerning the type and quantity ordered. Claims have to be made in writing immediately after receipt using the complaints form available at Global Choice Foods.
  • 3. Complaints about non-visible deficiencies can only be reported up to 7 days after delivery. The claim must be made in writing. The purchaser has the right to a substitute delivery or a credit note. The purchaser has no further claims on grounds of poor supply.
  • 4. Separate special cases are accepted up to 1 month from the invoice date,however, these are exceptions.

 

4 Terms of payment

Unless otherwise agreed, the purchaser has to make sure that the invoice amount is booked on the account number of Global Choice Foods according to the supplied terms of payment.

If this payment is not made within the stated time, the company Global Choice Foods V.O.F. may require a payment of interest from the purchaser from the next day on grounds of delayed payment. Alternatively, the company Global Choice Foods V.O.F. has the right to re-claim the goods and claim a recovery of damages.

5 Transfer of property

  • 1. Global Choice Foods reserves the transfer of property until all goods received have been paid for by the purchaser. Until the complete payment has been made, the purchaser stands surety for any loss or damage of the goods of which Global Choice Foods reserves the transfer of property.
  • 2. The purchaser has the right to sell the goods of which Global Choice Foods reserves the transfer of property in line with his usual business activities. The purchaser will hand over his claim on the purchase price to Global Choice Foods to the amount of the arrears of payment.
  • 3. The company Global Choice Foods V.O.F. can withdraw the right that is given in § 5.2 if the purchaser does not meet the terms established in § 4. However, the purchaser can require the release of part of the goods of which Global Choice Foods reserves the transfer of property, as far as the remaining nominal value of the goods of which Global Choice Foods reserves the ownership reaches 130 % of the receivables of Global Choice Foods.
  • 4. In case a third party claims the goods of which Global Choice Foods reserves the ownership, the purchaser has to inform Global Choice Foods immediately. Furthermore, the purchaser must object to a confiscation of the goods of which Global Choice Foods reserves the transfer of property, by informing the bailiff and the third party of the existing ownership reservation. If the third party will not indemnify possible judicial and extrajudicial costs, the purchaser will be liable, according to § 771 ZPO, for the resulting loss.

 

6 Business Related Documents

Global Choice Foods reserves the ownership and copy-right of all supplied documents such as catalogues, offers and price-lists. These documents may not be passed on to third parties without explicit permission of Global Choice Foods V.O.F..

7 Return of pallets, Tofu- and Soybean crates

The purchaser has to return empty pallets and crates to Global Choice Foods immediately and free of charge. In a continuous business relationship this will happen by returning the empties with the next delivery. A continuous business relationship means that the purchaser orders at least once every 4 weeks at Global Choice Foods If, after this period, the empty pallets and crates have not been returned, they will be charged to the purchaser.

8 Place of operation and delivery / authorized court of law

  • 1. For the deliveries, the European right is exclusively applicable. The place of operation and delivery is within the European Union.
  • 2. The authorized court of law for judicial controversies flowing from deliveries is the district court of Amsterdam.
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