Algemene voorwaarden - Terms and conditions
GENERAL TERMS AND CONDITIONS – NOMADSCHAI
Article 1 – Definitions
1.1. Nomadschai: the sole proprietorship established in the Netherlands.
1.2. Customer: any natural person or legal entity entering into an agreement with Nomadschai.
1.3. Products: chai concentrate, kombucha, sticky chai, matcha and related products.
1.4. Agreement: any agreement between Nomadschai and the customer.
Article 2 – Applicability
2.1. These terms and conditions apply to all offers, quotations and agreements.
2.2. Deviations are only valid if agreed in writing.
2.3. Any general terms and conditions of the customer are expressly rejected.
Article 3 – Products and quality
3.1. Nomadschai acts as the producer of the products.
3.2. Products are manufactured using raw materials from European suppliers.
3.3. Nomadschai applies quality control and product registration (traceability).
Article 4 – Delivery and risk
4.1. Delivery takes place at the address provided by the customer.
4.2. Risk transfers at the moment of delivery to the customer.
4.3. If a shipment is not collected from a pickup point, responsibility lies entirely with the customer.
Article 5 – Prices and payment
5.1. Payment must be made within 14 days of the invoice date.
5.2. In case of late payment, the customer is in default by operation of law.
5.3. The customer owes statutory interest and collection costs.
Article 6 – Retention of title
6.1. All products remain the property of Nomadschai until full payment has been received.
6.2. The customer is not entitled to resell or process the products until full payment has been made.
Article 7 – Complaints and returns
7.1. Complaints must be submitted in writing within 7 days after delivery.
7.2. After this period, all rights to claim expire.
7.3. Consumers have the statutory right of withdrawal, unless the products are perishable.
Article 8 – Use and storage
8.1. The customer is fully responsible for proper storage and use of the products. Store in a cool and dry place; limited shelf life after opening.
8.2. Shelf-life dates are leading and must be strictly observed.
8.3. Nomadschai is not liable for damage resulting from improper use or storage.
Article 9 – Liability
9.1. Nomadschai’s liability is limited to the amount paid out under its liability insurance.
9.2. If no payment is made, liability is limited to the invoice amount.
9.3. Nomadschai is not liable for indirect damage, consequential damage, loss of profit or reputational damage.
9.4. Liability resulting from improper use or storage by the customer is excluded.
Article 10 – Product liability and recall
10.1. In the event of a defect, liability is limited to replacement or refund.
10.2. Nomadschai reserves the right to carry out a recall.
10.3. The customer is required to fully cooperate with any recall.
Article 11 – Food safety
11.1. Nomadschai operates in accordance with European food legislation and HACCP guidelines.
11.2. Nomadschai ensures traceability and batch registration.
11.3. The customer must handle products in accordance with food safety standards.
Article 12 – Traceability and records
12.1. The customer must keep records of received and sold products.
12.2. These records must be made available upon request.
Article 13 – Duty to report
13.1. The customer must immediately report any suspicion of a defect or risk.
13.2. In case of doubt regarding safety, products must not be further distributed.
Article 14 – Labelling and product information
14.1. Product information is provided in accordance with applicable legislation.
14.2. The customer may not modify labels or packaging without permission.
14.3. The customer is responsible for correct information towards end users.
Article 15 – Claims and marketing
15.1. The customer is not permitted to make health or nutritional claims without permission.
15.2. Claims must comply with applicable legislation.
15.3. The customer indemnifies Nomadschai against damage resulting from incorrect claims.
Article 16 – Repackaging and processing
16.1. If products are repackaged or processed, this is entirely at the customer’s risk.
16.2. In such cases, the customer is considered the producer.
Article 17 – Force majeure
17.1. Nomadschai is not liable in cases of force majeure.
17.2. This includes, among other things, production issues, transport problems and government measures.
Article 18 – Price changes
18.1. Nomadschai reserves the right to change prices.
Article 19 – Intellectual property
19.1. All rights relating to products and brand name belong to Nomadschai.
Article 20 – Governing law and disputes
20.1. Dutch law applies to all agreements.
20.2. Disputes shall be submitted to the competent court in the Netherlands.