Horeca.com is a trade name of Horeca.com B.V., located at Atoomweg 66, Utrecht, Chamber of Commerce 56850204.
Although this website has been compiled with the greatest possible care, Horeca.com is not liable for any direct or indirect damage that may arise from the use of the information the website contains. No rights or claims can be made in any way regarding the content of this website.
Nothing from this website may be copied or stored in a database in any form or by any means, be it electronic, digital, mechanical, manual, photographic or any other way. To legaly realise any of the before mentioned actions, a written permission is required in advance from Horeca.com.
1.1 These General Terms and Conditions apply to all offers, orders, transactions and agreements - by whatever name - of Horeca.com as well as to the execution and / or implementations of these actions in the broadest sense of the word.
1.2 In addition to the General Terms and Conditions, if explicitly stated, Additional Terms and Conditions may apply to certain services and / or goods. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions prevail over the General Terms and Conditions, unless stated otherwise .
1.3 The provisions in these General Terms and Conditions can only be deviated from if this has been expressly agreed upon in writing and in which case the other provisions of these conditions remain in full force. Deviations only apply to the offer, delivery or agreement for which they are made.
1.4 General Terms and Conditions that the Other Party applies to, do not apply unless expressly agreed on in writing by Horeca.com.
1.5 "Other Party" means any natural person or legal person who has or will have a contractual relationship of any kind with Horeca.com.
1.6 Horeca.com reserves the right to change or supplement the General Terms and Conditions from time to time.
1.7 Should the circumstances assumed by the parties at the time of the conclusion of the agreement change so significantly that the subsequent delivery of one or more of these conditions cannot reasonably be required of one of the parties, consultations will be held on interim change to the agreement.
1.8 If one or more provisions in these General Terms and Conditions are at any time wholly or partially void or should be destroyed, the other provisions in these General Terms and Conditions will remain fully applicable. Parties will then enter into consultations in order to agree new provisions to replace the invalid or nullified provisions, whereby the purpose and purport of the original provisions will be taken into account as much as possible.
1.9 If there is uncertainty about the interpretation of one or more provisions of these General Terms and Conditions, then the explanation must be given "in the spirit" of these provisions.
1.10 If a situation arises between parties that is not regulated in these General Terms and Conditions, this situation must be assessed "in the spirit" of these General Terms and Conditions.
1.11 If Horeca.com does not always require strict compliance with these conditions, this does not mean that the provisions thereof do not apply, or that Horeca.com would lose the right to otherwise strictly comply with the provisions of these require conditions.
1.12 By using the Horeca.com internet sites and / or placing an order, the Other Party accepts these General Terms and Conditions as well as all other rights and obligations as stated on the internet site.
1.13 Horeca.com is authorized to make use of third parties in the performance of an agreement with the Other Party.
2.1 All offers made by Horeca.com are made without obligation, unless the offer contains a term for acceptance.
2.2 All offers from Horeca.com are subject to the condition, as long as the stock of Horeca.com or its suppliers lasts.
2.3 Dimensions, weights and technical data stated in our offers, catalogs, stock lists, circular and other advertising material, and the drawings and images entered therewith are only approximate and are without obligation, unless Horeca.com expressly states with regard to one of the above elements. warranty is provided. In principle, deviations cannot give rise to compensation and / or dissolution.
2.4 Horeca.com cannot be held to its offers if the Other Party can reasonably understand that the offers or offers, or any part thereof, contain an obvious mistake or error.
3.1 The acceptance of the invitation to make an offer by the potential Counterparty counts as an offer and only leads to the conclusion of an agreement if the other provisions of this article are met.
3.2 The potential Other Party has entered the data on the appropriate input screen of the website and sent the relevant data ("order form") to Horeca.com electronically. These have been received by Horeca.com.
3.3 An agreement is concluded when an order confirmation has been sent to the Other Party by e-mail to the e-mail address specified by the Other Party, or from the time that Horeca.com has started to fulfill its obligations.
3.4 Horeca.com is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if:
- the Other Party does not, not fully or timely fulfill the obligations under the agreement;
- after the conclusion of the agreement Horeca.com has been informed of circumstances that give good reason to fear that the Other Party will not fulfill its obligations;
- the Other Party was requested when entering into the agreement to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;
- If due to the delay on the part of the Other Party, Horeca.com can no longer be required to fulfill the agreement under the originally agreed conditions, Horeca.com is entitled to dissolve the agreement.
3.5 Furthermore, Horeca.com is entitled to terminate the agreement if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or if other circumstances arise that are of such a nature that the unaltered maintenance of the agreement cannot reasonably be expected of Horeca. .com may be required.
3.6 If the agreement is dissolved, the claims of Horeca.com on the Other Party are immediately due and payable. If Horeca.com suspends fulfillment of the obligations, it will retain its rights under the law and the agreement.
3.7 If Horeca.com proceeds to suspension or dissolution, it is in no way obliged to compensate damage and costs in any way.
3.8 If the dissolution is attributable to the Counterparty, Horeca.com is entitled to compensation of the damage, including the costs, resulting directly and indirectly.
3.9 If the Other Party fails to fulfill its obligations under the agreement and this non-fulfillment justifies termination, Horeca.com is entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Other Party , is obliged to pay compensation or compensation on account of default.
3.10 If the agreement is prematurely terminated by Horeca.com, Horeca.com will arrange for the transfer of work still to be performed to third parties in consultation with the Other Party. This unless the cancellation is attributable to the Other Party. If the transfer of the activities entails additional costs for Horeca.com, these will be charged to the Other Party. The Other Party is obliged to pay these costs within the aforementioned term, unless Horeca.com indicates otherwise.
3.11 In the event of liquidation, of (application for) suspension of payments or bankruptcy, of attachment - if and insofar as the attachment has not been lifted within three months - at the expense of the Other Party, of debt rescheduling or another circumstance whereby the Other Party is no longer can freely dispose of its assets, Horeca.com is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on its part to pay any compensation or compensation. In that case, Horeca.com's claims against the Other Party are immediately due and payable.
3.12 The other party and Horeca.com expressly agree that by using electronic forms of communication, a valid agreement is concluded as soon as the conditions in Articles 3.2 and 3.3 are met. In particular, the lack of a normal signature does not detract from the binding force of the offer and its acceptance. The electronic files of Horeca.com are, as far as the law allows, as a presumption of evidence.
3.13 For misunderstandings, mutilations, delays or improper delivery of orders and communications as a result of the use of the internet or any other means of communication in the traffic between Horeca.com and the Other Party, or between Horeca.com and third parties, insofar as relevant on the by the Counterparty at Horeca.
3.14 The order confirmation is deemed to represent the agreement correctly, unless the other party has immediately protested against it in writing. Any additional agreements or changes made later will only bind us if these have been confirmed by us in writing.
3.15 If the content of the offer and the content of the order confirmation are not in accordance with each other, the order confirmation counts as the only party binding document.
3.16 Cancellation of an agreement concluded with Horeca.com can only take place after express written permission from Horeca.com. The Other Party is obliged to compensate Horeca.com for all damage and costs resulting from Horeca.com.
3.17 If during the execution of the agreement it appears that for a proper implementation it is necessary to change or supplement it, the parties will adjust the agreement in time and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or instruction of the Other Party, of the competent authorities, etc., is changed and the agreement is thereby changed in qualitative and / or quantitative terms, this may also have consequences. for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. Horeca.com will quote as much as possible in advance. By an amendment of the agreement, the originally specified term of execution can also be changed. The Other Party accepts the possibility of changing the agreement, including the change in price and term of execution.
3.18 If the agreement is changed, including a supplement, Horeca.com is entitled to implement it only after approval has been given by the person authorized within Horeca.com and the Other Party has agreed to the price stated for the implementation. and other conditions, including the time to be determined at that time at which they will be implemented. Not or not immediately executing the amended agreement does not constitute a default of Horeca.com and is neither grounds for the Other Party to terminate the agreement. Without being in default, Horeca.com can refuse a request for amendment of the agreement, if this could have qualitative and / or quantitative consequences, for example for the work to be performed or goods to be delivered in that context.
4.1 Unless otherwise stated, the prices are shown in euros per item and exclusive of turnover tax and other government levies, any costs to be incurred under the agreement, including shipping and handling costs, unless stated otherwise.
4.2 All prices shown are stated subject to printing and typesetting errors. No liability is accepted for any consequences of these printing and typesetting errors.
4.3 The prices shown by Horeca.com are non-binding in that they are based on the factory prices applicable at that time, foreign exchange rates, import duties and equivalent charges, insurance rates, freight, taxes, margin arrangements and other such factors. . If changes occur in one or more of the aforementioned factors before delivery has taken place, Horeca.com is authorized to adjust agreed prices in proportion to the increase in one or more of the factors mentioned without the Other Party being entitled in that case to terminate the agreement for that reason.
4.4 If the acceptance (whether or not on minor points) deviates from the offer included in the quotation or offer, Horeca.com is not bound by it. The agreement will not be concluded in accordance with this deviating acceptance, unless Horeca.com indicates otherwise.
4.5 A composite quotation does not oblige Horeca.com to perform part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future orders.
4.6 A freight surcharge applies to all deliveries of Horeca.com. The amount of this surcharge is clear to the Other Party in the ordering process. Deliveries within the Netherlands with a net goods value above € 250.00 excl. VAT are free at home. Special rates apply for other deliveries.
5.1 Orders via the website can be paid by iDeal, bank transfer, credit card, Paypal and Bancontact / Mister Cash.
5.2 Horeca.com may expand the payment options in the future. Other payment options will be announced via the internet site.
5.3 Payment of the amount due must be made prior to delivery. As soon as Horeca.com has verified that the amount to be paid has been credited to Horeca.com's bank account, it will proceed to order or send the goods.
5.4 In the event of late payment, Horeca.com is entitled to dissolve the agreement with immediate effect or to suspend (further) delivery until the Other Party has fully complied with the payment obligations.
5.5 The other party is not authorized to set off the purchase price against any claim due to it, nor is the other party entitled to suspend its obligations under the agreement concluded with Horeca.com.
5.6 Paying afterwards / ordering on account is only possible on request for schools, institutions and large companies.
5.7 Payment must be made within 14 days of the invoice date, in a manner to be indicated by Horeca.com in the currency in which it was invoiced, unless indicated otherwise in writing by Horeca.com.
5.8 If the Other Party fails to pay an invoice on time, the Other Party will be in default by operation of law. The Other Party will then owe an interest of 1% per month, unless the statutory interest is higher, in which case the statutory interest will be due. The interest on the due and payable amount will be calculated from the moment that the Other Party is in default until the moment of payment of the full amount due.
5.9 Horeca.com has the right to have the payments made by the Other Party go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal and accrued interest.
5.10 Horeca.com can, without being in default, refuse an offer of payment if the Other Party designates a different order for the allocation of the payment. Horeca.com can refuse full payment of the principal if the outstanding and accrued interest and collection costs are not also paid.
5.11 The Other Party is never entitled to set off the amount owed by it to Horeca.com.
5.12 Objections to the amount of an invoice do not suspend the payment obligation. Neither is the Counterparty not entitled to appeal to Section 6.5.3 (Articles 231 to 247, Book 6 of the Dutch Civil Code) to suspend payment of an invoice for any other reason.
5.13 If the Other Party is in default or omission in the (timely) fulfillment of its obligations, then all reasonable costs incurred in obtaining payment out of court will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary in Dutch debt collection practice, currently the calculation method according to Rapport Voorwerk II. However, if Horeca.com has incurred higher collection costs that were reasonably necessary, the costs actually incurred are eligible for reimbursement. Any judicial and execution costs incurred will also be recovered from the Other Party. The Other Party will also owe interest on the collection costs owed.
6. Delivery times
6.1 The delivery times stated by Horeca.com are only approximate, unless a certain delivery period is guaranteed. Even then a delivery time is never a strict deadline. In the event of late delivery, the Other Party must declare Horeca.com to be in default in writing.
6.2 When Horeca.com cannot meet its delivery times due to a circumstance that has no cause in any act or omission of Horeca.com, but is the result of an external cause, including but not limited to not being able to deliver on time Due to the absence of delivery by the suppliers of Horeca.com, this will count as force majeure between the parties. In such circumstances, the delivery time will be extended by a period equal to that of the delaying circumstances continuing.
6.3 Except for gross negligence or intent on our part, exceeding the delivery time does not entitle the Other Party to dissolve the agreement concluded with Horeca.com in whole or in part.
6.4 If despite the above delivery not within 6 months after the conclusion of the agreement, both parties have the right to terminate the agreement in whole or in part.
6.5 Exceeding the delivery time does not entitle the Other Party to compensation unless this has been expressly agreed in writing.
6.6 Horeca.com is allowed to deliver the sold goods in parts.
7.1 The method of transport / shipping is determined by Horeca.com, unless expressly agreed otherwise. Delivery takes place on working days, Monday to Friday, usually between 8am and 5pm.
7.2 Specific wishes of the Other Party regarding transport / shipping are only carried out at the expense and risk of the Other Party.
7.3 Before delivery, Horeca.com informs the Other Party about the delivery.
7.4 Someone must be present on the agreed delivery day to receive the goods.
7.5 The ordered goods are delivered to the first ground-floor door if and insofar as the property is easily accessible. If the deliverer brings the goods in anyway, this is at the expense and risk of the Other Party.
7.6 The other party is not entitled to refuse the receipt of the sold goods or to return them, unless Horeca.com has agreed to this in writing. If the Other Party returns the goods without Horeca.com having agreed to this in writing and Horeca.com receiving them, this will always be at the Other Party's expense and risk. The shipment will be stored by Horeca.com at the expense and risk of the Other Party and kept available for the Other Party, without any acknowledgment of the correctness of any complaint from this.
7.7 If the Other Party refuses to take delivery of the goods to be delivered or if the Other Party fails to provide information or instructions necessary for the delivery, Horeca.com will store these goods at the Other Party's expense and risk. In that case Horeca.com has the right to promote the dissolution of the agreement, without prejudice to its right to full compensation.
7.8 The risk of destruction and / or deterioration of the goods delivered by Horeca.com is transferred to the Other Party after Horeca.com has delivered the goods to the delivery address specified in the order confirmation.
7.9 Horeca.com has the right to have certain work done by third parties.
8. Retention of title and reserved lien
8.1 The goods delivered by Horeca.com remain the property of Horeca.com until the Other Party has fulfilled all obligations arising from all agreements concluded with Horeca.com, including the consideration (s) with regard to the goods to be delivered itself, the consideration (s) with regard to the services provided or to be performed by Horeca.com under the purchase agreement, or claims of Horeca.com on the Other Party due to the Other Party's failure to fulfill the agreement.
8.2 The other party is obliged to hand over the goods delivered by Horeca.com under retention of title to Horeca.com at the first request. The Other Party will already irrevocably grant Horeca.com an authorization to enter the Other Party's sites, in order to take back the delivered goods, all this without prejudice to Horeca.com's rights to full compensation.
8.3 Goods delivered by Horeca.com to the Other Party, which fall under the retention of title of Horeca.com, may only be resold in the context of normal business operations. Activities during (provisional) suspension of payments or bankruptcy of the other party are expressly not considered to be activities in the normal course of business. In the event of a (provisional) moratorium or bankruptcy of the other party, Horeca.com is entitled to take back the delivered goods without any notice of default being required.
8.4 The other party is not authorized to pledge the goods, other than the reserved right of pledge mentioned below, or to establish any other right on this.
8.5 Horeca.com hereby already reserves the pledges as referred to in Section 3: 237 of the Dutch Civil Code on delivered goods that have been transferred to the Other Party through payment and that are still in the Other Party's hands, this as an additional security of any other claim. which Horeca.com may have on the Other Party. The Other Party is also obliged to cooperate with the establishment of a pledge as aforementioned on the goods delivered by Horeca.com which have been processed or processed by the Other Party, as a result of which the retention of title of Horeca.com has expired. At the first request of Horeca.com, the other party is obliged to cooperate with all necessary actions for the establishment of the reserved right of pledge.
8.6 If third parties wish to establish or assert any right to the goods delivered by Horeca.com under its own reservation, the Other Party is obliged to inform Horeca.com as soon as reasonably possible.
8.7 The Other Party undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Horeca.com upon first request. Horeca.com is entitled to these tokens in the event of any payment of the insurance. For as much as necessary, the Other Party undertakes vis-à-vis Horeca.com in advance to cooperate with anything that may or may prove necessary or desirable in that context.
8.8 In case Horeca.com wishes to exercise its property rights indicated in this article, the Other Party gives in advance unconditional and irrevocable permission to Horeca.com and third parties to be designated by Horeca.com to enter all those places where Horeca's properties are .com and take those things back.
9.1 The other party must inspect the purchased goods (or have them inspected) on delivery. In doing so, the Other Party must check whether the delivered goods comply with the agreement, namely: whether the correct goods have been delivered, whether the delivered goods correspond in quantity to the agreed, or whether the delivered goods meet the agreed quality requirements. Complaints and complaints due to shortcomings or deviation from the stated specification or externally visible damage must be noted by the Other Party on the receipt to be valid.
9.2 Horeca.com is for deviations, which are generally customary in the industry, under which the article in question falls, or for minor technical or unavoidable deviations, with regard to quality, color, dimensions, volume, thickness, weight, etc. not liable.
9.3 If visible defects or shortcomings are observed, the Other Party must report these in writing to Horeca.com within 7 days of delivery. After this term has expired, the Other Party is deemed to have approved the delivered goods. Complaints will then no longer be processed.
9.4 The Other Party must report non-visible defects to Horeca.com in writing within 3 days of discovery
9.5 If the complaint concerns incorrectly delivered or incorrectly packaged goods, or goods that have been delivered damaged, the Other Party must have its written complaint accompanied by the relevant packing list.
9.6 Complaints are only valid if the packaging is still in its original condition.
9.7 If goods have been assembled, processed or used by the Other Party, a complaint is no longer permitted on any ground, even if it is submitted within the set term.
9.8 Even if the Other Party complains in time, its obligation to pay and to take delivery of the goods to be delivered remains. Goods can only be returned on Horeca.com with prior written consent. Insufficient stamped packages will not be received by Horeca.com
9.9 If, whether or not after an investigation by Horeca.com, it appears that the properties of the goods do not comply with the agreement, the Other Party is entitled to fair compensation or to replacement goods, if still available, against the return of the originally delivered goods. .
9.10 If the replacement goods are not available, the Counterparty is entitled, against the return of the originally delivered goods, to:
a.selecting replacement goods worth the goods that turned out not to answer, if the selected goods are more expensive than the goods that turned out not to answer, the Other Party will pay the difference in price, if the selected goods are cheaper than the goods which the other party will be refunded the difference in price.
b. restitution of the value of the goods, which applies as (partial) termination of the agreement.
9.11 In cases solely at our discretion, Horeca.com can take back and credit goods other than the aforementioned reasons, provided that Horeca.com is not older than 8 days, if the goods are still in are in original condition and packaging and the goods at that time belong to the stock range of Horeca.com. In such a case in which Horeca.com undertakes entirely without obligation to take back and credit goods, it is authorized to charge the Other Party with crediting costs, which consist of 20% of the original net goods amount (excluding VAT), with a minimum of € 25.00.
10.1 For goods delivered by Horeca.com, only the warranty applies, as determined by the manufacturer of the relevant goods. Horeca.com only fulfills a counter function during such a warranty period.
10.2 Without prejudice to the provisions of this article, there can be no warranty if the wear can be considered normal and further in the following cases:
a. if changes have been made to or to the goods, including repairs that have not been carried out with the permission of Horeca.com or the manufacturer;
b. if the original invoice cannot be presented, has been changed or made illegible;
c. if defects are the result of non-destination or improper use;
d. if damage is caused by intent, gross negligence or negligent maintenance.
11. Reflection period and dissolution
11.1 In the case of consumer sales, the other party has the right to dissolve the purchase for 14 calendar days after delivery of the good by means of a written statement to that effect.
11.2 In that case, the other party must return the goods unused to Horeca.com as soon as possible and at its own expense. Horeca.com will refund the amount paid to it by the Other Party as soon as possible and in any event within 14 calendar days after the dissolution.
12. Approvals and restrictive regulations when using or selling outside the Netherlands
12.1 The goods offered by us are in principle intended for sale on the Dutch market. Sales or installation of these goods in other countries may be subject to restrictions, respectively. are not allowed and are at the risk of the Other Party.
12.2 Goods that must be provided with a quality mark under Dutch regulations are supplied by us in the version for which the quality mark was issued. We also carry goods that do not have a Dutch quality mark.
13.1 Horeca.com can in no way be held liable by the Other Party for damage of whatever nature and by anyone suffered, resulting from, or related to goods or services supplied or made available by Horeca.com, unless such damage is due to own intent or gross negligence, including own intent or gross negligence of the managerial subordinates. Horeca.com is only obliged to pay compensation for damage suffered if this damage is the result of the fault of Horeca.com and Horeca.com is insured against such damage.
13.2 Horeca.com can in no way be held liable by the Other Party for damage of any kind and whatsoever suffered, arising from or in connection with Horeca.com supplied or made available, but manufactured by third parties. , composite or delivered goods or services, although Horeca.com will provide the Counterparty with the necessary information to seek redress from that third party, if possible.
13.3 Horeca.com is only liable for direct damage.
13.4 Direct damage is exclusively understood to mean the reasonable costs for determining the cause and the extent of the damage, insofar as the determination relates to damage within the meaning of these conditions, any reasonable costs incurred due to the faulty performance of Horeca.com to comply with the agreement, insofar as these can be attributed to Horeca.com and reasonable costs incurred to prevent or limit damage, insofar as the Other Party demonstrates that these costs have led to limitation of direct damage as referred to in these general terms and conditions. .
13.5 Horeca.com is never liable for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption.
13.6 The risk of loss, damage or depreciation is transferred to the Other Party at the moment when goods are placed under the control of the Other Party.
13.7 The other party indemnifies Horeca.com against claims from third parties against whom Horeca.com cannot invoke these conditions.
13.8 Horeca.com's liability will at all times be limited to the invoice amount charged or still to be charged to the Other Party.
14. Force majeure
14.1 In case of force majeure, Horeca.com has the right, at its discretion and without judicial intervention, to suspend the execution of the agreement, or to dissolve the agreement in whole or in part by means of a written statement, without Horeca.com thereby will be obliged to pay any compensation. Horeca.com is only obliged to pay compensation if Horeca.com enjoys any advantage in connection with a failure that cannot be attributed to it, which it would not have had if it had been properly complied with. The compensation will not exceed the amount of the benefit enjoyed by Horeca.com.
14.2 Force majeure in these general terms and conditions means, in addition to what is understood in this respect in law and jurisprudence, all external causes, foreseen or unforeseen, over which Horeca.com can have no influence, but as a result of which Horeca.com is unable to fulfill its obligations. Strikes in the company of Horeca.com or third parties included. Horeca.com is also entitled to invoke force majeure if the circumstance that prevents (further) compliance with the agreement occurs after Horeca.com should have fulfilled its obligation.
14.3 Horeca.com is entitled to claim payment for the services performed in the performance of the agreement in question, before the circumstance causing the force majeure has become apparent.
14.4 If the Other Party warns Horeca.com in writing, Horeca.com is obliged to pronounce itself within 14 days with regard to its choice as referred to in 14.1.
15. Intellectual property
15.1 The other party explicitly acknowledges that all intellectual property rights of displayed information, communications or other expressions with regard to the goods and / or the internet site rest with Horeca.com, its suppliers or other entitled parties.
15.2 Intellectual property rights are understood to mean patent, copyright, trademark, drawing and design rights and / or other (intellectual property) rights, including whether or not patentable technical and / or commercial know-how, methods and concepts.
15.3 The Other Party is prohibited from making use of or making changes to the intellectual property rights as described in this article, such as, for example, reproduction without express prior written permission from Horeca.com, its suppliers or other entitled parties, unless it concerns purely private use. of the goods themselves.
15.4 The other party will indemnify Horeca.com for claims regarding infringement of intellectual property rights of third parties as a result of, for example, changes to the goods delivered by Horeca.com, application of the goods in a manner other than prescribed by Horeca.com or the integration of the goods with goods not supplied by Horeca.com.
16. Data management
16.1 If you place an order with Horeca.com, your data will be included in the customer database of Horeca.com. Horeca.com adheres to national privacy legislation and will not provide your data to third parties.
16.2 Horeca.com respects the privacy of the users of the internet site and ensures careful handling and security of your personal data and applies the current usual security procedures.
16.3 The other party is at all times entitled to access its personal data free of charge and, if desired, to adjust these data by Horeca.com in case of inaccuracies.
16.4 Horeca.com will remove its data from the database in response to a request from the Other Party, provided that the Other Party has complied with its (financial) obligations.
16.5 Horeca.com sometimes uses a mailing list. Each mailing contains instructions to remove yourself from this list.
16.6 If and insofar as login details have been provided by Horeca.com for the Order Procedure, the Other Party will take care of these details itself. These data are strictly personal and may not be transferred under any circumstances. The other party is responsible for the consequences of careless handling of this data.
17. Applicable law and competent court
17.1 All disputes, even if a dispute is experienced as such by only one of the parties involved, must be submitted exclusively to the competent court in the location of Horeca.com, unless another court is competent. Horeca.com is, however, free to submit the dispute to a court that has jurisdiction by law.
17.2 The applicability of the Vienna Sales Convention is expressly excluded.
17.3 Apart from the provisions laid down in these general terms and conditions, the Other Party retains the rights that it has in its country of residence under the law.