General Terms and Conditions GRIZZ Energy Gum®
Article 1 Applicability
1.1 These general terms and conditions apply to all offers and agreements between GRIZZ Energy Gum®, being a trading name of Infigo Entertainment BV, hereinafter referred to as GRIZZ, and the customer, of whatever nature, as well as to the obligations arising therefrom. Deviations can only be agreed upon in writing with GRIZZ.
1.2 In these terms and conditions, "customers" means the customer, or anyone who enters into or wishes to enter into an agreement with GRIZZ, or for whom GRIZZ makes an offer or performs a delivery or performance, as well as its legal successors.
1.3 If for any reason any provision of these terms and conditions is not valid or applicable, the remainder of these terms and conditions will remain in effect and the provision will be amended.
1.4 Purchase and other conditions, which the customer declares applicable, do not bind GRIZZ unless they have been accepted in writing by GRIZZ. Such acceptance may not be inferred from the fact that GRIZZ does not contradict a statement from the customer that it does not accept GRIZZ 's terms and conditions and declares its own terms and conditions applicable.
Article 2 Offers
2.1 All offers, quotations, and quotations made by GRIZZ, in whatever form, are without obligation unless expressly agreed otherwise in writing.
2.2 All images, drawings, and data regarding weights, dimensions, colors, product specifications, etc. are only approximate. In principle, deviations from reality cannot give rise to compensation and/or free dissolution.
2.3 Price lists, brochures, printed matter, etc. provided by GRIZZ are subject to change and do not constitute an offer.
2.4 GRIZZ reserves the right to refuse orders without giving reasons (part - ) payment in advance to request or require security.
Article 3 Assignment
3.1 The customer is fully responsible to GRIZZ for the correctness of the information stated in the order. An order that has been placed is binding on the customer.
3.2 GRIZZ offers the customer the opportunity to place orders by e-mail, letter, or via the website. After receipt of the electronic invoice, the customer is obliged to pay the total amount of the order immediately, unless the customer and GRIZZ have agreed otherwise in writing in advance.
3.3 When placing an order with GRIZZ, the customer must identify him-/her-/itself. GRIZZ is entitled to fully trust that the data relating to the order, with regard to content and form, which it receives from the customer, is the correct data.
Article 4 Conclusion of agreements
4.1 An agreement is concluded after GRIZZ has confirmed receipt of an order in writing or by email or after GRIZZ has started the execution of the order. The order confirmation is deemed to represent the agreement correctly and completely unless the customer objects to this in writing within two working days.
4.2 Additions and changes to an agreement are only binding on GRIZZ insofar as they have been confirmed in writing by GRIZZ.
Article 5 Prices
5.1 All prices and rates in business offers are in euros and excluding VAT and shipping costs unless stated otherwise. Prices are displayed in the webshop and during the ordering process including VAT.
5.2 The prices of products whose prices are subject to fluctuations in the financial market and where the GRIZZ does not affect, offered at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
Article 6 Payment
6.1 Unless otherwise agreed in writing, payment must be made in advance by deposit or transfer to the bank account designated by GRIZZ or by payment by credit card or iDeal. If the payment on account has been agreed, the total amount must be credited to GRIZZ 's bank account within 14 days of the invoice date. The value date stated on GRIZZ 's bank statements is regarded as the day of payment.
6.2 As long as GRIZZ has not received a credit limit from the customer, delivery will only be made against payment in advance of the invoice. A credit limit can be requested on request with the first order. (Semi) government institutions can buy directly on the account. Private customers should always pay in advance or use to make of the possibilities offered Afterpay.
6.3 Unless expressly agreed otherwise in writing, payment will be made without set-off or suspension for whatever reason.
6.4 Everything that the customer pays first serves to settle the interest and/or (collection) costs owed and then to settle the oldest outstanding invoices.
6.5 If the customer does not pay the amounts due within the agreed term, the customer will be in default by operation of law and GRIZZ has the right, without prejudice to its other rights, to charge interest to the customer on the entire amount owed. , comprising the statutory interest rate applicable at that time, plus a surcharge of 3% on an annual basis. This interest will be calculated from the due date of the invoice concerned up to and including the day of full payment. In addition, all extrajudicial and judicial collection costs to be incurred are for the account of the customer. The amount of the extrajudicial collection costs owed to GRIZZ is equal to 15% of the principal sum, with a minimum of €40.
6.6 If GRIZZ sees reason to do so, GRIZZ may require further security, failing which it may suspend the execution of the agreement.
Article 7 Retention of title
7.1 All delivered goods remain the property of GRIZZ until the customer has fully complied with the payment obligation arising from the agreement.
7.2 The customer does not have the right to hand over the goods delivered by GRIZZ to third parties, to give them as ( collateral ) pledge or silent pledge until the entire purchase price and any associated costs have been paid in full.
7.3 In the event that the customer does not or not fully fulfill any obligation arising from the legal relationship with GRIZZ, in particular the payment obligation, GRIZZ is entitled to take back the goods delivered after notice of default, in which case the agreement is dissolved without judicial intervention, without prejudice to GRIZZ 's right to claim costs of damage and interest.
7.4 The customer is obliged, without prejudice to the above, to handle the delivered goods with care, as long as full payment has not been made.
7.5 The customer is obliged to keep the delivered goods, the ownership of which is vested in GRIZZ, separately or to keep them stored in an individualized manner.
7.6 Furthermore, the customer is obliged to insure and keep insured the goods delivered subject to retention of title against fire, explosion, and water damage and against theft and to make the policy of this insurance available for inspection at the request of GRIZZ.
Article 8 Term and Delivery
8.1 All (delivery) periods stated by GRIZZ are approximate and have been determined on the basis of the data and circumstances known to GRIZZ when the agreement was entered into. Stated delivery times can never be regarded as a strict deadline. If a change in the data and/or circumstances, irrespective of the foreseeability thereof, results in a delay, the delivery date will be delayed accordingly, without prejudice to the provisions below regarding force majeure.
8.2 Exceeding the delivery times specified by GRIZZ, for whatever reason, never entitles the customer to compensation or non-fulfillment of any obligation resting on him from the relevant agreement or a related agreement.
8.3 If it has been agreed that the deliveries will take place in phases, GRIZZ may postpone the deliveries of the following phases until the customer has approved the completion of the previous phase in writing and has fulfilled all its (financial) obligations regarding the partial delivery. In the event of partial deliveries, GRIZZ is entitled to invoice these separately.
8.4 If the goods are available to the customer after the expiry of the delivery time, but are not purchased by him, the goods will be stored at his disposal at his expense and risk.
8.5 Unless otherwise agreed in writing, delivery takes place from the warehouse or manufacturer. From the moment of receipt of the goods by the customer, all risks of loss, decay, damage, etc. regardless of the cause thereof, pass to the customer.
8.6 Delivery always takes place behind the first threshold of the first door. If you order the deliverer to deliver further than the first threshold of the first door, you can expect a subsequent calculation in line with the market. Pallet deliveries are made up to the first threshold of the first door.
8.7 For pallet shipments with delivery to the Wadden Islands or other hard-to-reach destinations, a surcharge is possible, our customer service will inform you about this before delivery. You reserve the right to cancel the purchase if you do not agree with these extra costs.
8.8 Pallet shipments are always offered 1x, if you are not present a transport surcharge can be calculated for the 2nd shipment with a maximum of €50,- excl. VAT.
Article 9 Transport
9.1 GRIZZ determines the method of transport, shipment, packaging, and the like. Shipment/transport of goods takes place at the expense and risk of GRIZZ until the moment of receipt of the goods by the customer. Business customers must report any transport damage and defects within 24 hours via the return procedure, outside this period any right to replacement or compensation will lapse. Visible damage to the packaging must be reported immediately to the carrier, if you do not report this, any right to replacement or compensation will lapse. When the goods are returned by the customer, this is entirely at the expense and risk of the customer. In the event of damage or loss of the goods returned by the customer, the customer is responsible for the costs thereof. Amounts still outstanding for the relevant order must at all times be paid in full by the customer. Only if the goods have arrived undamaged at the return address will GRIZZ proceed to remission of outstanding amounts or refund of amounts already paid. If you refuse a shipment, the standard return conditions apply to our business customers in accordance with the return conditions on our website. For private customers, GRIZZ always follows the Distance Selling Act.
Article 10 Advertising
10.1 The customer is obliged to inspect the goods for defects immediately after delivery. Any complaints with regard to the delivered goods will only be dealt with by GRIZZ if they have been made known to GRIZZ in writing within 14 days of delivery, with an accurate statement of nature and the grounds of the defects and with reference to the number of the invoice. or, failing this, the dispatch note or order confirmation. After the expiry of this period, the customer is deemed to have approved the delivered goods.
10.2 Minor deviations in the quality of the delivered goods, which are technically unavoidable or which are generally permitted in trade, cannot constitute grounds for complaint or for dissolution of the agreement.
10.3 Complaints about invoices must also be submitted in writing and within a period of 14 days after the invoice date. After the expiry of this term, the customer is deemed to have approved the invoice.
10.4 For private individuals, GRIZZ Energy Gum® applies the law: Distance Selling: you may return the item for whatever reason. Please notify us by email within 14 days of delivery. The item must be returned in its original condition and packaging. In original condition means that you can view the item but not wear/use/taste the item.
Business customers can also return an item. You can submit your return request to us by email within 14 days of delivery. After your application has been assessed, you will receive more information about the procedure by e-mail.
The costs of returning the products are for the buyer.
Exceptions to returns are those items that have been specially manufactured for you as a customer, such as private or co-label products. Items that are damaged or incomplete cannot be returned.
As soon as we have received the return shipment in undamaged condition, the purchase price will be refunded to the account with which the shipment was paid within 14 days.
For business customers, after receipt of the shipment, a credit note will be drawn up and sent to you within 10 working days.
10.5 Business customers must settle a credit note against any outstanding debit invoices. If there are no outstanding debit invoices, the credit note will remain for settlement. Refund of the credit note will take place at the written request of the customer.
Article 11 Warranty and liability
11.1 GRIZZ guarantees that the goods to be delivered meet the usual requirements and standards that can be imposed on them and are free of any defects whatsoever.
11.2 The proof of purchase serves as proof with regard to the warranty, GRIZZ does not provide any warranty or service on items not purchased from GRIZZ.
11.3 GRIZZ is never obliged to pay any compensation to the customer or others unless there is intent or gross negligence on the part of GRIZZ.
11.4 GRIZZ is never liable for consequential or trading loss, indirect damage, and loss of turnover.
11.5 If GRIZZ, for whatever reason, is obliged to compensate for any damage, the compensation will never exceed an amount equal to the invoice value with regard to the product that caused the damage.
11.6 Without prejudice to the provisions of this article, there can be no guarantee if wear and tear can be regarded as normal and furthermore in the following cases;
a. if changes have been made in or to the product, including repairs that have not been carried out with written permission from GRIZZ;
b. in case of defects that are the result of not corresponding to the intended use or injudicious use;
c. if the damage is caused by intent, gross negligence, or negligence.
11.7 The customer is obliged to indemnify GRIZZ against any claim that third parties may assert against GRIZZ with regard to the agreement, insofar as the law does not preclude that the relevant damage and costs must be for the account of the customer. The customer is obliged to return the product to GRIZZ in order to ensure a proper assessment and settlement of the warranty claim. If the complaint is declared well-founded, GRIZZ undertakes to supply an equivalent product unless otherwise agreed.
11.8 In addition to these warranty provisions, statutory warranty provisions remain in force.
Article 12 Force majeure
12.1 In the event of force majeure, GRIZZ is not obliged to fulfill its obligations towards the customer, or the obligation is suspended for the duration of the force majeure.
12.2 Force majeure is understood to mean any circumstance beyond its control, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented. Such circumstances include country-imposed lockdowns, strikes, fire, business failures, power failures, non-delivery, or late delivery from suppliers or other third parties engaged. Force majeure also includes failures in a (telecommunications) network or connection or used communication systems and/or the unavailability of the internet site at any time.
Article 13 Default
13.1 The customer is deemed to be in default by operation of law and the (remaining) debt will be immediately due and payable in the event that:
a. The customer does not or not timely fulfill any obligation under the agreement, in particular, the payment;
b. GRIZZ has good reasons to fear that the customer will fail to fulfill its obligations and it will fail to comply with a written reminder stating those grounds to declare itself willing to fulfill its obligations within a reasonable term set in that reminder;
c. The customer applies for his own bankruptcy, is declared bankrupt, assigns his estate, submits a request for suspension of payment, or all or part of his assets are seized and this is not lifted within 10 days after the seizure ;
d. The customer proceeds or decides to discontinue or transfer his company or an important part thereof, including the contribution of his company to a company to be established or already existing, or proceeds or decides to change the objective of his company or to dissolution;
e. Death, if the customer is a natural person.
13.2 In the cases referred to in 13.1, GRIZZ is entitled without any obligation to pay compensation and without prejudice to its rights, such as rights with regard to costs or interest already due and the right to compensation, and without notice of default or legal intervention is required
a. to declare the agreement wholly or partially dissolved by means of a written notification to that effect to the customer and/or
b. any amount owed to GRIZZ by the customer immediately and in full and/or
c. to invoke the retention of title established pursuant to Article 7.
Article 14 Personal data
14.1 GRIZZ will only process the customer's data in accordance with its privacy policy. GRIZZ observes the applicable privacy regulations and legislation.
14.2 You can always ask GRIZZ which data is processed about you. To do this you can send an e-mail. You can also ask GRIZZ by e-mail to make improvements, additions, or other corrections, which GRIZZ will process as soon as possible.
14.3 A newsletter or other advertising word and transmitted only when you have it active (opt-in) for specified during registration. If you no longer wish to receive information, you can inform GRIZZ of this.
Article 15 Delivery outside the Netherlands, but within the EU
15.1 To be eligible for the ICL rate (intra-Community delivery), you must provide a valid VAT number that corresponds to the registered address of your company or foundation.
Article 16 Applicable law
16.1 All agreements concluded between the parties and legal relationships arising therefrom are exclusively governed by Dutch law, even if the customer is located abroad.
16.2 All disputes arising from or in connection with the agreement to which these terms and conditions apply or the relevant terms and conditions themselves and their interpretation or implementation, will, insofar as permitted by law, be settled by the competent court in Amsterdam or the competent court in the place of residence of the customer. customer competent court, at the discretion of GRIZZ, unless otherwise agreed.