General Terms and Conditions

1. General Provisions

1.1 These General Terms and Conditions ("Terms") apply to all offers, sales, and deliveries of products such as but not exclusively perishable nuts and dried fruits ("Products") by Caspian Nuts ("Caspian Nuts," "we," "us," "our") to any buyer ("Buyer," "you," "your").

1.2 By placing an order with Caspian Nuts, the Buyer agrees to these Terms. Deviations from these Terms are only valid if explicitly agreed upon in writing by Caspian Nuts.

2. Offers and Orders

2.1 All offers made by Caspian Nuts are non-binding and subject to change without notice.

2.2 Orders are only binding upon written confirmation by Caspian Nuts. Caspian Nuts reserves the right to refuse orders without providing reasons.

3. Prices and Payment

3.1 All prices are quoted in Euros unless otherwise stated, and are exclusive of VAT, duties, and other taxes or charges.

3.2 Payment must be made within the period stated on the invoice. If no period is stated, payment must be made within 28 days of the invoice date.

3.3 Ownership of the Products remains with Caspian Nuts until full payment has been received. Until ownership has transferred, the Buyer must not pledge, sell, or otherwise dispose of the Products.

4. Delivery

4.1 Delivery times are estimates only and are not binding. Caspian Nuts is not liable for any delays in delivery.

4.2 The risk of loss or damage to the Products passes to the Buyer upon delivery.

4.3 If the Buyer fails to take delivery of the Products, Caspian Nuts may charge the Buyer for any costs incurred as a result, including storage and insurance costs.

5. Inspection and Complaints

5.1 The Buyer must inspect the Products immediately upon receipt. Any complaints regarding the Products must be reported in writing or via acknowledged email to Caspian Nuts within 24 hours of receipt. Failure to do so will result in the Products being deemed accepted by the Buyer.

5.2 If a complaint is made within the specified period and is found to be justified, Caspian Nuts will, at its discretion, either replace the defective Products or issue a credit note to the Buyer for the value of the defective Products.

6. Liability

6.1 Caspian Nuts's liability for any damage or loss arising out of or in connection with the sale, delivery, or use of the Products is limited to the amount of the invoice for the Products concerned.

6.2 Caspian Nuts is not liable for any indirect or consequential damages, including loss of profits, business interruption, or loss of data.

7. Force Majeure

7.1 Caspian Nuts is not liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, natural disasters, pandemics, and interruptions in supply chains.

8. Retention of Title

8.1 Ownership of the Products remains with Caspian Nuts until full payment of all amounts due by the Buyer under the contract, including any interest and costs.

8.2 The Buyer must store the Products separately from other goods and clearly mark them as being the property of Caspian Nuts.

8.3 If the Buyer fails to fulfill its payment obligations, Caspian Nuts has the right to reclaim the Products without prior notice and without prejudice to Caspian Nuts’s right to claim further damages.

9. Governing Law and Dispute Resolution

9.1 These Terms are governed by and construed in accordance with the laws of the Benelux region.

9.2 Any disputes arising out of or in connection with these Terms shall be settled by arbitration in accordance with the rules of the Nederlandse Zuidvruchten Vereniging (NZV) which General Conditions and arbitrage procedure can be found on: https://www.zuidvruchten.nl/bestuur/condities-en-arbitragereglement/.

9.3 Any terms not mentioned in these Terms are subject to the supplemental provisions of NZV.

10. Miscellaneous

10.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

10.2 Caspian Nuts reserves the right to amend these Terms at any time. The amended Terms will apply to any orders placed after the date of amendment.

10.3 The Buyer may not assign or transfer any rights or obligations under these Terms without the prior written consent of Caspian Nuts.

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