Please read this notice carefully. It regulates your use of these website pages (hereinafter referred to as “Heuschen & Schrouff website”) and all material within it. The materials available on the Heuschen & Schrouff website are provided by Heuschen & Schrouff Oriental Foods Trading BV, P.O. Box 30202/ 6370 KE Landgraaf, the Netherlands (hereinafter referred to as H&S), in accordance with the following terms and conditions.
By simply using the Heuschen & Schrouff website, you understand and accept the terms and conditions of use in this legal notice and the regulatory requirements governing the use of the Heuschen & Schrouff website.
The entire content of the Heuschen & Schrouff 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 H&S 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 Heuschen & Schrouff website for the sole purpose of executing arrangements in a specific agreement with H&S and provided that you do not remove any copyright or other proprietary notices.
Any other use of materials on the Heuschen & Schrouff 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 H&S is strictly prohibited.
Any downloading or otherwise copying from the Heuschen & Schrouff website will not transfer title to any software or material to you.
Any infringement will be pursued by appropriate legal action.
On the Heuschen & Schrouff 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, tradenames, pictures etc.
Please note that such signs are registered as trademarks in certain jurisdictions in the name of H&S.
All page headers, custom graphics and button icons, are service marks, trademarks, and/or trade dress of H&S.
All other trademarks, product names, and company names or logos cited here in, are the property of their respective owners.
H&S is providing the Heuschen & Schrouff 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, H&S makes no representations or warranties that:
- the information on the Heuschen & Schrouff website is merchantable or fit for a particular purpose
- the information on the Heuschen & Schrouff website is accurate, complete or current
- you will be able to use the Heuschen & Schrouff website or that it will continue to be made available in its current or any other form
- the Heuschen & Schrouff 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 Heuschen & Schrouff website and to ensure compatibility of such software or material with your equipment
- check any content or information published on the Heuschen & Schrouff 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 Heuschen & Schrouff website remains the sole responsibility of the provider of that other website.
H&S 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 Heuschen & Schrouff website; your use or inability to use the Heuschen & Schrouff website at any time and any error in the provision of the Heuschen & Schrouff website; your use of or reliance on other websites to which you have gained access by means of hyperlinks published on the Heuschen & Schrouff website; any inaccurate information published on the Heuschen & Schrouff website; your failure to comply with any laws or regulations that are applicable to you or your reliance on any information published on the Heuschen & Schrouff website.
Nothing in this legal notice shall operate to exclude or restrict our liability for either 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 the H&S group 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 H&S, 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 Maastricht, 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 Heuschen & Schrouff Oriental Foods Trading B.V. (Heuschen & Schrouff) exclusively supplies on the basis of these general terms of delivery and payment. By purchasing goods delivered by Heuschen & Schrouff, the purchaser implicitly acknowledges these general terms of delivery and payment as the basis of business contracts with Heuschen & Schrouff.
§ 2 Terms of delivery
- 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 and § 2.3. The right to damages for a possible delay disadvantage is ruled out. The purchaser can, in addition to canceling the contract, only require a recovery of damages if the nondelivery is intentional or caused by accountable negligence of the company Heuschen & Schrouff.
- Delays as a result of natural disasters and circumstances beyond one’s control or other unforeseeable, unusual events, for which Heuschen & Schrouff is not accountable, do not entitle the purchaser to cancel the purchase or to require a recovery of damages.
- The company Heuschen & Schrouff fulfills its obligation of delivery in Landgraaf. 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.
- The products as supplied comply with European food law. If these products are distributed in member state which require additional legislation to this European food law, as a buyer you are responsible for checking if these products comply with your specific legislation before you distribute these products to the applicable market. Any change to be compliant to a specific country can be facilitated by H&S upon request.
§ 3 Indemnification from claims
- The purchaser’s rights to claim imply that the purchaser fulfills his obligation of investigation and reprimand according to §§ 377, 378 of the commercial code.
- 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 Heuschen & Schrouff.
- 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.
- 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 Heuschen & Schrouff according to the supplied terms of payment.
If this payment is not made within the stated time, the company Heuschen & Schrouff may require a payment of interest from the purchaser from the next day on grounds of delayed payment. Alternatively, the company Heuschen & Schrouff has the right to reclaim the goods and claim a recovery of damages.
§ 5 Transfer of property
- Heuschen & Schrouff 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 Heuschen & Schrouff reserves the transfer of property.
- The purchaser has the right to sell the goods of which Heuschen & Schrouff reserves the transfer of property in line with his usual business activities. The purchaser will hand over his claim on the purchase price to Heuschen & Schrouff to the amount of the arrears of payment.
- The company Heuschen & Schrouff 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 Heuschen & Schrouff reserves the transfer of property, as far as the remaining nominal value of the goods of which Heuschen & Schrouff reserves the ownership reaches 130 % of the receivables of Heuschen & Schrouff.
- In case a third party claims the goods of which Heuschen & Schrouff reserves the ownership, the purchaser has to inform Heuschen & Schrouff immediately. Furthermore, the purchaser must object to a confiscation of the goods of which Heuschen & Schrouff 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
Heuschen & Schrouff reserves the ownership and copyright 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 Heuschen & Schrouff.
§ 7 Return of pallets, Tofu- and Soybean crates
The purchaser has to return empty pallets and crates to Heuschen & Schrouff 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 Heuschen & Schrouff 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
- For the deliveries the Dutch right is exclusively applicable. The place of operation and delivery is Landgraaf.
- The authorized court of law for judicial controversies flowing from deliveries is the district court of Maastricht.
§ 9 Distance selling (web shop)
- For distance selling (webshop), deliveries will take place within 30 days. Afterwards, the purchaser can withdraw from the sales contract.
- The purchaser has the right to return the goods (with the exception of foodstuffs), within 7 days. Within this period the purchaser can return the goods without any further reason. The complete amount, including shipping costs, will be refunded to the purchaser.