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Our terms and conditions

Article 1        Definitions

 

  • Legal person, Consumer or Non-consumer, who purchases Products and/or Services from MM Deli;
  • Products: goods that the Buyer buys from MM Deli;
  • Services: the services to be provided by or on behalf of MM Deli, whether or not in respect of Products, to the Purchaser/Client, including the giving of workshops, dinners and the organisation of any other event;
  • Agreement: any agreement between MM Deli and the Buyer;
  • Online Agreement: any distance contract concluded between MM Deli and the Consumer online, e.g. via MM Deli’s website;
  • Right of Withdrawal: the possibility for the Consumer to withdraw from the Online Agreement within the Withdrawal Period;
  • Point of sale: any place, including stands at markets and festivals, where MM Deli sells its Products and/or offers its Services;
  • General Terms and Conditions: these general terms and conditions of MM Deli .

 

 

 

Article 2       Applicability of General Terms and Conditions

 

  1. These General Terms and Conditions apply to all offers, quotations, Agreements for the sale of Products and/or Services and deliveries by MM Deli to the Buyer. If a provision of these General Terms and Conditions only applies to Consumers or only to Non-Consumers or in the case of purchases in a Point of Sale, this will be stated.
  2. Before concluding the Online Agreement, these General Terms and Conditions are made available to the Consumer electronically and the Consumer can easily save these General Terms and Conditions (as an e-mail, pdf or similar file). If the above-mentioned provision is not reasonably possible, MM Deli will indicate where the Consumer can take knowledge of these General Terms and Conditions electronically and/or MM Deli will send these General Terms and Conditions free of charge at the Consumer’s request.
  3. At an MM Deli Point of Sale, (potential) Buyers will be clearly informed that MM Deli has General Terms and Conditions applicable to the Agreements concluded and which are available for inspection at every Point of Sale of MM Deli. These General Terms and Conditions can be requested on the spot and will be sent free of charge at the request of the Buyer and can also be consulted at mm-deli.com.
  4. Unless agreed otherwise in writing, these General Terms and Conditions apply exclusively to all offers, quotations and Agreements made or concluded by MM Deli. The applicability of other General Terms and Conditions is explicitly excluded, unless agreed otherwise in writing.
  5. MM Deli reserves the right to amend or supplement the General Terms and Conditions. At all times the version of the General Terms and Conditions as valid at the time of the conclusion of the Agreement is applicable.
  6. If any provision of the General Terms and Conditions is or becomes (partially) voidable, the remaining provisions will remain in full force and effect. MM Deli and the Buyer will then consult with each other in order to agree on a new provision to replace the original provision, taking into account as much as possible the purpose and meaning of the annulled provision.
  7. In addition to the General Terms and Conditions, special terms and conditions may apply to promotions.

 

 

 

Article 3       Offers and orders

 

  1. All offers and quotations made by MM Deli, in whatever form, are always without obligation and as long as stocks last. If mentioned, offers are valid during the period mentioned in the offer and/or quotation.
  2. With the exception of Agreements concluded at a Point of Sale and Online Agreements, Agreements are not concluded by placing an order, but only by a written confirmation of the order by MM Deli. The order confirmation is deemed to reflect the Agreement correctly and completely, unless the Buyer has immediately objected to it.
  3. An Online Agreement is concluded as soon as the Consumer has completed an order on the MM Deli website. After completion of the online order, the Consumer will receive a confirmation of the purchase by e-mail.
  4. Any order for Products and/or Services shall be deemed to be an offer by the Buyer to purchase the Products and/or Services subject to these General Terms and Conditions. MM Deli accepts the offer under the applicability of these General Terms and Conditions, at the moment it confirms the order.
  5. MM Deli is free to accept or refuse orders at its own discretion and without further justification.
  6. Information, images, announcements, price quotes, advertisements and similar communications communicated by MM Deli in its Point of Sale or, via e-mail or other means of communication relating to offers or characteristics of Products, are displayed or made as accurately as possible. As such, all of the foregoing does not give any warranty to the Buyer. Deviations do not entitle the Buyer to postpone or refuse delivery and/or payment of Products, nor do they entitle the Buyer to compensation.

 

 

 

Article 4       Purchase price and payment

 

  1. The agreed purchase price is determined as follows:
    If the Agreement is concluded in a Selling Point: the purchase price stated on the price signs present there.
  2. If the order for the Product and/or Service has been accepted by MM Deli via its order confirmation form or via a letter in which a price is stated or as stated on the packing slip: the purchase price as evidenced by such order confirmation form or such letter or packing slip;
  3. Purchase prices with a writing error that is clear to everyone that it is not the actual price may not be required to be met.
  4. If after the date of the offer one or more cost price factors undergo an increase, even if this is due to foreseeable circumstances, MM Deli is entitled to increase the agreed purchase price accordingly. Such a price increase does not give Buyer the right to dissolve the Agreement in whole or in part.
  5. Prices for Consumers are always quoted inclusive of VAT.
  6. The price does not include delivery costs for transport of Products to a place of delivery, unless otherwise agreed. MM Deli is completely free in the choice of transport. MM Deli is entitled to deliver orders in parts and to invoice separately.
  7. Except for cash sales at a Point of Sale, payments must be made by bank transfer within 11 days of the invoice date, unless otherwise agreed. MM Deli may, at its own discretion, require earlier payment of the full or partial purchase price, such as full payment at the time the order is placed.
  8. In the event that Buyer fails to fulfil his payment obligations, MM Deli is entitled, without judicial intervention and without notice of default, to consider the purchase agreement in question dissolved, or to cease delivery subject to her right to compensation.
  9. In the event a Consumer does not (timely) fulfil his payment obligations, the Consumer is – without any notice of default being required – in default by operation of law and MM Deli, without prejudice to its other rights, is entitled to charge the statutory interest on the entire outstanding amount, from the due date of the invoice up to and including the day of full payment. In case a Non-Consumer does not (timely) fulfil his payment obligations, the Non-Consumer is – without any notice of default being required – in default by operation of law and MM Deli, without prejudice to her other rights, is entitled to charge the statutory commercial interest over the entire outstanding amount, from the due date of the invoice up to and including the day of full payment.
  10. If MM Deli has to take collection measures after the due date of the invoice, the Buyer, if he is a Non-Consumer, will owe all (extra)judicial collection costs, including the actual and reasonable costs of engaging lawyers, bailiff and other costs incurred. The extrajudicial collection costs owed by the Buyer will amount to at least 15% of the invoice amount owed, with a minimum of € 250. If the Buyer is a Consumer, the extrajudicial costs will be calculated in accordance with the Dutch Extrajudicial Collection Costs (Standardization) Act (Wet normenering buitengerechtelijke incassokosten) and the associated resolution. Delivery of Products and/or provision of Services may be suspended until payment of the invoice price.
  11. Non-consumers are not entitled to set-off or suspension without the written consent of MM Deli.
  12. Cancellation or relocation of participation in a workshop, dinner or any other event organised by MM Deli or renting out of the studio must be communicated to you at least five working days before the start of the workshop. If a cancellation or relocation of participation in a workshop, dinner or rental of the studio takes place less than five working days before start, MM Deli is entitled to charge client 100 percent of the agreed fee.

 

 

 

Article 5       Price and payment

 

  1. The agreed purchase price is determined as following: a. If the Agreement is concluded in a Selling Point: the purchase price stated on the price boards present there. b. If it concerns an Online Agreement: the purchase price stated in the webshop. c. If the order for the Product and/or Service has been accepted by MM Deli via its order confirmation form or via a letter in which a price is stated or as stated on the packing slip: the purchase price as shown by such order confirmation form or such letter or packing slip;
  2. Purchase prices with a writing error that is clear to everyone that it is not the actual price may not be required to be met.
  3. If after the date of the offer one or more cost price factors undergo an increase, even if this is due to foreseeable circumstances, MM Deli is entitled to increase the agreed purchase price accordingly. Such a price increase does not give the Non-Consumer the right to dissolve the Agreement in whole or in part.
  4. Prices for Consumers are always quoted inclusive of VAT.
  5. The price does not include delivery costs for transport of Products to a place of delivery, unless otherwise agreed. MM Deli is completely free in the choice of transport. MM Deli is entitled to deliver orders in parts and to invoice separately.
  6. In the case of Online Agreements, the Consumer must pay the amount due in full immediately upon completion of the order via electronic payment, or make a prepayment of 50% of the amount due to MM Deli.
  7. In the case of electronic payment, MM Deli shall ensure appropriate technical and organizational measures to secure the electronic transmission of data and a secure web environment.
  8. Except in the case of Agreements entered into at a Point of Sale and except in the case of Online Agreements, payments must be made by bank transfer within 11 days of the invoice date, unless otherwise agreed. MM Deli may, at its own discretion, require earlier payment of all or part of the purchase price, such as full payment at the time the order is placed.
  9. In the event that Buyer fails to fulfil his payment obligations, MM Deli is entitled, without judicial intervention and without notice of default, to consider the purchase agreement in question dissolved, or to cease delivery subject to her right to compensation.
  10. In case a Consumer does not fulfil his payment obligations on time, the Consumer – after MM Deli has notified the Consumer of the late payment and has given the Consumer a period of 14 days to fulfil the payment obligations and the Consumer has still not paid after those 14 days – the Consumer owes the legal interest on the amount still due and MM Deli has the right to charge the Consumer for the extrajudicial collection costs it has incurred. The extrajudicial collection costs are: a maximum of 15% over outstanding amounts up to € 2.500; 10% over the next € 2.500 and 5% over the next € 5.000, always with a minimum of € 40.
  11. In case a Non-Consumer does not (timely) fulfil his payment obligations, the Non-Consumer is – without any notice of default being required – in default by operation of law and MM Deli, without prejudice to its other rights, is entitled to charge the legal commercial interest on the entire outstanding amount, from the due date of the invoice up to and including the day of full payment.
  12. If MM Deli has to take collection measures after the due date of the invoice, the Buyer, if he is a Non-Consumer, will owe all (extra)judicial collection costs, including the actual and reasonable costs of engaging lawyers, bailiff and other costs incurred. The extrajudicial collection costs owed by the Buyer will amount to at least 15% of the invoice amount owed, with a minimum of € 250.
  13. In case of late payment MM Deli has the right to suspend the delivery of Products and/or the provision of Services until the moment of payment.
  14. Non-consumers are not entitled to set-off or suspension without the written consent of MM Deli.

 

 

 

Article 6       DeliverThe risk of loss of or damage to the Products purchased by the Buyer from MM Deli shall pass from the moment of legal or actual delivery to the Buyer and/or a third party designated by the Buyer.

 

  1. For non-consumers, the (delivery) times mentioned by MM Deli are indicative. Indicated (delivery) terms will never be considered as fatal terms. If a change in circumstances, regardless of the foreseeability thereof, results in a delay, the delivery date will be postponed accordingly, without prejudice to the provisions below regarding force majeure. In the event of late delivery MM Deli must be given notice of default, whereby it must be offered a reasonable term of delivery. For practical reasons, delivery can take place in parts. For Consumers a delivery period of maximum 30 days applies, unless another delivery period has been agreed upon.
  2. If MM Deli is prevented by force majeure of a permanent or temporary nature from (further) performing the Agreement, MM Deli is entitled to dissolve the Agreement in whole or in part without judicial intervention by means of a written notification to that effect, without prejudice to MM Deli’s right to payment by the Buyer for the deliveries or performances already performed by MM Deli, or MM Deli is entitled to suspend the (further) performance of the Agreement. In the event of suspension MM Deli will still be entitled to dissolve the Agreement in whole or in part. Force majeure on the part of MM Deli exists if MM Deli is prevented from complying with its obligations or preparations thereof as a result of circumstances beyond MM Deli’s control, including non-compliance by MM Deli’s suppliers with their obligations, a greater than expected demand for Products and ingredients, strikes, fire and the refusal or revocation of necessary licences or permits. In the event of force majeure, MM Deli is only liable for the Purchaser’s loss pursuant to Article 6:78 BW if and in so far as in connection with its failure MM Deli receives an advantage which it would not have if it had performed properly, up to a maximum of the amount of that advantage.

 

 

 

Article 7       Retention of title

 

  1. The ownership of all Products delivered by MM Deli to the Purchaser remains with MM Deli as long as the Purchaser has not fulfilled all his payment obligations – for whatever reason – towards MM Deli and will only be transferred to the Purchaser when the Purchaser has fulfilled all his payment obligations – for whatever reason – towards MM Deli.
  2. As long as the ownership of the Products has not passed to the Buyer, the Buyer may not pledge the Products, transfer ownership as security or grant any other right to third parties, except in the normal course of its business. The Purchaser is obliged to keep the Products delivered under retention of title with due care and as recognizable property of MM Deli. If third parties seize the Products delivered by MM Deli under retention of title, the Purchaser is obliged to immediately inform MM Deli and the person making the seizure of those Products. If the Buyer fails to fulfil his payment obligations or is in payment difficulties, MM Deli is entitled to retrieve the goods without any prior summons and/or notice of default. Buyer must give MM Deli the opportunity to retrieve the goods.

 

 

 

Article 8       Non-conformity

 

  1. The Buyer, or a third party acting on his behalf, must carefully check the Products delivered by MM Deli immediately after delivery.
  2. All complaints related to non-conformity or visible deviations from what has been agreed must be reported in writing by Non-consumers to MM Deli within 24 hours from the time of delivery via the e-mail address [email protected] Thereafter, the Products are deemed to have been accepted.
  3. Consumers must inform MM Deli of any non-conformity or visible deviations with what has been agreed within a reasonable time after the discovery. Thereafter, the Products are deemed to have been accepted.
  4. In any case, non-conformity does not mean the appearance of mould on dried products in so far as this is the result of the normal ripening process.
  5. On the condition that the Buyer has complied with the aforementioned conditions and it has been sufficiently demonstrated that the Products do not comply with what has been agreed, MM Deli has the choice either to replace the Products which have proved to be defective with new Products, or to refund the purchase price thereof and/or to credit the invoiced amount, or to grant the Buyer a discount on the price to be determined in mutual consultation. If this is not reasonably possible for MM Deli, the Buyer has the right to dissolve the Agreement, unless the shortcoming does not justify dissolution. By fulfilling one of the aforementioned options, MM Deli has fully discharged its obligations with regard to the delivered goods. This provision does not affect the rights of Consumers with regard to defects in Products.
  6. If unforeseen circumstances, including but not limited to insufficient registrations and/or illness, give reason to do so, MM Deli is always entitled to move and/or cancel an event organised by it, such as workshops and dinners, without there being any non-conformity.

 

 

 

Article 9       The services of MM Deli

 

  1. MM Deli will make every effort to carry out the Services with care. With regard to all Services MM Deli has an obligation to perform to the best of his abilities, and never any obligation to achieve a result, unless parties have explicitly agreed otherwise in writing.
  2. MM Deli is entitled to have the Agreement performed by a person or persons designated by it. This also applies if the Agreement has been entered into with a view to performance by one specific person.
  3. MM Deli has the right to require the Buyer/Client to make a down payment on the price or prepay the full price, this at MM Deli’s discretion.
  4. MM Deli can conclude agreements with and make use of third parties in the performance of the Agreement on behalf of the Buyer/customer and MM Deli is not liable towards non-Consumers for possible shortcomings of these third parties or resulting damage. The Non-Consumer hereby grants the authority to accept a limitation of liability of the aforementioned third parties on behalf of the Buyer/customer.
  5. The Purchaser/Service Provider will provide MM Deli in a timely, correct and complete manner with all information necessary for the proper performance and delivery of the Service, such as, for example, information about allergies and diets of participants in a workshop or dinner.
  6. If, during the performance of the Agreement, it appears that it is necessary to amend or supplement the Agreement in order to ensure its proper performance, the parties will amend the Agreement in good time and in mutual consultation. If the nature, scope or content of the Agreement is changed, whether or not at the request or indication of the Buyer/customer, and the Agreement is thereby changed qualitatively and/or quantitatively, this may have consequences for what was originally agreed. As a result, the price originally agreed may also be increased or decreased. MM Deli will, as far as possible, quote the price in advance. By altering the Agreement, the originally stated term of performance may also be altered. The Buyer/Client accepts the possibility of changing the Agreement, including the change in price and the moment and term of performance.
  7. If the Agreement is changed, including an addition to it, MM Deli is entitled to perform the Agreement only after approval has been given by the person authorized to do so by the Buyer/customer and the Buyer/customer has agreed to the price and other conditions stated for the performance, including the time to be determined at that time when the Agreement will be performed. Not or not immediately executing the amended Agreement does not constitute a breach of contract on the part of MM Deli and is not a reason for the Buyer/customer to terminate or cancel the Agreement.
  8. Without being in default, MM Deli may refuse a request to amend the Agreement.
  9. Cancellation or rescheduling of participation in a workshop, dinner or any other event organised by MM Deli or renting out of the studio must be communicated in writing by the Buyer/Client at least five working days prior to commencement. If a cancellation or relocation of participation in a workshop, dinner or the hire of the studio is notified less than five working days prior to commencement, MM Deli is entitled to charge the Buyer/Client 100 percent of the agreed fee.

 

 

 

Article 10     Intellectual property

 

  1. All (copyright) rights on the Products, the recipes of the Products, all (copyright) rights on the Services, as well as all industrial rights on the trade name, the brand names and the logos of MM Deli- belong exclusively to MM Deli.
  2. The Buyer is not permitted to imitate, alter, resell or in any other way publish or put into circulation the Products or the recipes of the Products, subject to the restrictions laid down by law and unless the nature of the Products delivered dictates otherwise or unless expressly agreed otherwise in writing.

 

 

 

Article 11     Liability

 

  1. MM Deli is not liable for damage other than in accordance with the provisions of this article. The legal liability, contractual liability and liability due to illegal act is in all cases limited to the amount paid out in the case concerned under MM Deli’s liability insurance. If any intentional or deliberately reckless act or omission by MM Deli or its supervisors results in death or bodily injury, its liability is not limited in that respect.
  2. MM Deli does not accept any liability towards the Buyer for the following damage: 1. damage caused by a defect or shortcoming in Products which MM Deli has replaced or repaired within a reasonable period of time; 2. indirect damage or pure financial loss such as lost turnover and profit; 3. damage which could have been prevented by following the advice and instructions of MM Deli; 4. damage caused by the fact that MM Deli has used ingredients and/or materials specified or supplied by the Buyer and/or has acted in accordance with the instructions of the Buyer.

 

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