Terms and Conditions

Business customers Cressana Netherlands

Article 1 - Definitions and applicability

In these conditions the following definitions apply:

customer : any natural person or legal entity who is registered with the trade register of the Chamber of Commerce and who has a business account created with Cressana Nederland and/or with whom Cressana Nederland enters into an agreement or to whom Cressana Nederland makes an offer ;

day : calendar day;

entrepreneur : Quality Health Solutions BV trading under the name Cressana Nederland, located at Akertstraat Noord 42, 6431 HM in Hoensbroek and registered with the trade register of the Chamber of Commerce under number 64819434 and with VAT identification number NL855869458B01 , hereinafter also referred to as "Cressana Netherlands";

agreement : any agreement concluded between the entrepreneur and the customer, any amendment or addition thereto, as well as all legal acts in preparation and implementation of that agreement;

product : any item offered, to be delivered or delivered by the entrepreneur on the basis of the agreement or product that can be equated with it on the basis of popular views.

conditions : these general terms and conditions

These conditions apply to every offer, quotation and agreement between the entrepreneur and a customer, insofar as the parties have not expressly deviated from these conditions in writing.
The applicability of any purchasing or other conditions of the customer is expressly rejected.
If one or more provisions in these conditions are wholly or partially null and void or annulled at any time, the remainder of these conditions will remain fully applicable. The entrepreneur and the customer will then enter into consultations in order to agree on new provisions to replace the void or annulled provisions, whereby the purpose of the original provisions will be taken into account as much as possible.
If there is uncertainty regarding the interpretation of one or more provisions of these conditions, the interpretation must be in accordance with the spirit of these provisions.
If a situation arises between the parties that is not regulated in these conditions, this situation must be assessed in accordance with the spirit of these conditions.
If the entrepreneur does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that the entrepreneur would to any extent lose the right to require strict compliance with these conditions in other cases.

Article 2 - The offer

Every offer from the entrepreneur on the website and/or in writing is without obligation.
Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the customer what the rights and obligations are associated with acceptance of the offer. This concerns in particular:

the price including taxes, unless otherwise agreed;
the possible costs of delivery;
the manner in which the agreement will be concluded and what actions are required for this;
the method of payment, delivery or execution of the agreement;
the term for acceptance of the offer, or the term for honoring the price.

Article 3 - Bulk orders and quotes

This article only applies if the customer wants to order at least 48 pieces or more of one and the same item, so-called bulk orders.
If the customer wants to order at least 48 pieces of one or more item(s), the entrepreneur can calculate a discount at the customer's request. The customer can request information about the discount and delivery time for large orders via the email address info@cressana.nl .
A quotation will lapse if the product to which the quotation relates is no longer available in the meantime.
A requested quotation is valid 7 days after it has been issued by the entrepreneur. The application will be placed on order within 1 working day after the order confirmation has been received by the entrepreneur.
Delivery of the products takes place at the place and time at which the products are ready for shipment to the customer. The entrepreneur strives to deliver the products to the customer as much as possible in one go. However, it is possible that the order will be delivered in multiple deliveries.
The items from a bulk order are delivered to one address. It is not possible to have individual items packed separately for a bulk order.
If a customer orders more than one item, the entrepreneur cannot guarantee a delivery time.
If the acceptance (whether or not on minor points) deviates from the offer included in the quotation, the entrepreneur is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless the entrepreneur indicates otherwise.
Bulk orders of 48 pieces or more cannot be returned.

Article 4 - The agreement

The agreement is concluded, subject to the provisions of paragraph 2, at the time of acceptance by the customer of the offer and compliance with the conditions set.
If the customer has accepted the offer electronically and/or in writing, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically and/or in writing.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the customer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur can - within legal frameworks - inform himself whether the customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products and/or services.

Article 5 - Price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices, the prices of which are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This liability to fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. these are the result of legal regulations or provisions; or
b. the customer has the authority to terminate the agreement on the day on which the price increase takes effect.

The prices stated on the website in the range of products or services include VAT. The prices of products or services stated in the quotation are exclusive of VAT.

Article 6 - Payment

Unless otherwise agreed, amounts owed by the customer must be paid within 14 days after placing an order into the account number specified by the entrepreneur.
If this has been agreed in writing in advance between the parties, the entrepreneur can jointly invoice the customer for all purchases made in the month in question on the last day of the month. The customer must pay these invoices within 14 days of the date on the account number specified by the entrepreneur.
The entrepreneur is entitled to set a maximum on the total amount of the monthly payment referred to in paragraph 2 of this article.
The entrepreneur has the right to carry out a credit check in advance. If a negative decision follows, the entrepreneur is entitled to demand advance payment from the customer, failing which the entrepreneur will not proceed with delivery. With such an advance payment, the delivery time will commence from the moment payment has been received by Cressana Nederland.
If the payment term is exceeded, the entrepreneur is entitled to charge default interest of 1% per month on the outstanding amount, unless the statutory interest is higher, in which case the statutory interest is due. The interest on the amount due will be calculated from the moment the customer is in default until the moment the full amount is paid.
If the customer is in default or defaults in the (timely) fulfillment of his obligations, the entrepreneur has the right to charge the customer for the reasonable costs made known in advance to the customer in order to obtain payment out of court.
The customer is never entitled to offset the amount owed to the entrepreneur.
Objections to the amount of an invoice do not suspend the payment obligation.
The customer has the obligation to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

Article 7 - Retention of title

All goods delivered by the entrepreneur in the context of the agreement remain the property of the entrepreneur until the customer has properly fulfilled all obligations under the agreement(s) concluded with the entrepreneur, including the purchase price, any surcharges due under these conditions or the agreement, interest, taxes, costs and damages.
Goods supplied by the entrepreneur, which fall under the retention of title pursuant to paragraph 1, may not be resold and may never be used as a means of payment. The customer is not authorized to pledge or encumber in any other way the items falling under the retention of title.
The customer must always do everything that can reasonably be expected of him to safeguard the ownership rights of the entrepreneur.
If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the customer is obliged to immediately inform the entrepreneur of this.
In the event that the entrepreneur wishes to exercise his ownership rights referred to in this article, the buyer gives unconditional and irrevocable permission in advance to the entrepreneur and third parties to be designated by the entrepreneur to enter all those places where the entrepreneur's property is located and to return those items. to take.

Article 8 - Delivery and execution

The entrepreneur will exercise due care when receiving and executing orders for products.
The place of delivery is the address that the customer has communicated to the company.
Taking into account what is stated in Article 2 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the customer will be notified of this no later than one month after he has placed the order. In that case, the customer has the right to terminate the agreement without costs.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the customer has already paid in advance as soon as possible, but no later than 30 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement product available.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the address stated in paragraph 2, unless expressly agreed otherwise.

Article 9 - Complaints and right of withdrawal

The customer is obliged to inspect the delivered goods for defects immediately after the products are made available to him. The customer must investigate whether quality and/or quantity corresponds to what has been agreed.
When purchasing products, the customer has the option to terminate the agreement without giving reasons within 14 days. This period commences on the day after receipt of the product by the customer or a representative designated in advance by the customer and made known to the entrepreneur.
During this period, the customer will handle the product and packaging with care. The Customer will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If the customer exercises his right of withdrawal, he will return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If a defect is reported later, the customer is no longer entitled to repair, replacement or compensation.
If the customer complains in time, this does not suspend his payment obligation. In that case, the customer also remains obliged to purchase and pay for any other ordered products.

Article 10 - Conformity and manufacturer's warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
The customer can claim the manufacturer's warranty offered by the manufacturer of the products.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer can assert against the entrepreneur under the agreement.
The warranty does not cover defects in the items that have arisen as a result of normal wear and tear, or due to damage resulting from circumstances over which the entrepreneur has no influence, including weather conditions or damage caused during transport by the customer.
Any form of warranty will be void if the item has been used incorrectly or carelessly.

Article 11 - Liability

The entrepreneur is only liable for direct damage. Liability for indirect damage, including lost profit, consequential damage, loss of money, missed savings and damage due to business stagnation, is expressly excluded.
Direct damage exclusively means the reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred to prevent the entrepreneur's inadequate performance of the agreement. to have this answered, insofar as these can be attributed to the entrepreneur and reasonable costs incurred to prevent or limit direct damage as referred to in these general terms and conditions.
Any liability for direct damage of the entrepreneur towards the customer, on whatever grounds, is limited per event (whereby a related series of events counts as one event) to the invoice amount actually paid by the customer to the entrepreneur for the relevant month in which the damage occurred, including postage costs.
The entrepreneur is not liable for damage of any nature whatsoever caused by the entrepreneur relying on incorrect and/or incomplete information provided by or on behalf of the customer.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of the entrepreneur or his subordinates.

Article 12 - Indemnification

The buyer indemnifies the entrepreneur against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to someone other than the entrepreneur.
If the entrepreneur is sued by third parties for this reason, the customer is obliged to assist the entrepreneur both extrajudicially and in court and to immediately do everything that can be expected of him in that case. If the customer fails to take adequate measures, the entrepreneur is entitled to do so himself, without notice of default. All costs and damage incurred by the entrepreneur and third parties as a result are entirely at the expense and risk of the buyer.

Article 13 - Force majeure

The entrepreneur is not obliged to fulfill any obligation towards the customer if he is prevented from doing so as a result of a circumstance that is not attributable to his fault and is not his responsibility under the law, a legal act or generally accepted views.
In these general terms and conditions, force majeure means, in addition to what is understood in this regard in law and case law, all external causes, foreseen and unforeseen, over which the entrepreneur has no influence, but as a result of which the entrepreneur is unable to fulfill his obligations. . The entrepreneur also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after the entrepreneur should have fulfilled his obligation.
The entrepreneur can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to terminate the agreement, without obligation to compensate the other party for damages.
Insofar as, at the time of the occurrence of force majeure, the entrepreneur has already partially fulfilled his obligations under the agreement or will be able to fulfill them, and independent value is attributed to the respective part to be fulfilled, the entrepreneur is entitled to separate the part already fulfilled or to be fulfilled respectively. to invoice. The customer is obliged to pay this invoice as if it were a separate agreement.

Article 14 - Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the customer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the customer can expect a more detailed answer.

Article 15 - Applicable law and disputes

Agreements between the entrepreneur and the buyer to which these terms and conditions apply are exclusively governed by Dutch law, even if an obligation is fully or partially executed abroad. The applicability of the Vienna Sales Convention is excluded.
All disputes arising from offers or agreements, however named, will be subject to the judgment of the competent court in Maastricht.
Parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.

Article 16 - Changes to conditions

The entrepreneur reserves the right to unilaterally change these Terms and Conditions.
The version that applied at the time the relevant legal relationship with the entrepreneur was established always applies. The Customer is advised to regularly check the Terms and Conditions for changes.

← Back to Customer Service

Want to know more about watercress?

Terms and Conditions

Business customers Cressana Netherlands