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Terms & Conditions

1 Scope and provider
1.1 These terms and conditions apply to all orders and deliveries made with BETTEC B.V. | Nieuwe Hertogenweg 20 | 6291 BP Vaals | Netherlands and are solely addressed to companies within the meaning of section 14 of the German Civil Code (BGB) (hereinafter: customer), so individual or legal persons or partnerships with legal capacity, preparing for or acting within the scope of their commercial or professional activity on a self-employed basis at the time the contract is concluded.

General Manager:  Alexander Hautmann
VAT-ID: NL856655296B01
Commercial register Roermond No.: 66672325
Phone: +49 8105 73609-12 (Monday to Friday, 9 am to 5 pm)
E-mail: info@colourfood.de

1.2 The products in our online shop are solely sold to companies within the meaning of section 14 of the German Civil Code.

2 Conclusion of contract
2.1 The product images in our online shop are non-binding and do not constitute an offer in the legal sense. They serve as an invitation for the customer to make a purchase offer to the seller. The purchase offer will be binding by clicking the button „Order now“.
2.2 You will receive an order confirmation via an automated e-mail after placing your order. This e-mail confirmation also serves as contract acceptance, after successful verification of your VAT-ID. In the case of an unsuccessful VAT ID checks, we reserve us the right to withdraw from the contract.
2.3 Small businesses without VAT ID have the opportunity via info@colourfood.de to find out more about alternative ordering methods in the context of our terms and conditions.
2.4 In case of typing errors or misprints regarding our prices or e-mail correspondence due to technical faults such as transmission errors, we are entitled to contest but need to prove our error. The contract will then be adjusted with mutual agreement or declared void according to legal provisions.

3 Prices
The prices mentioned in our online shop are in euros (€) and subject to value added tax and shipping costs according to section 5, subject to changes and errors. Shipping costs are shown on the summary page before placing a binding order.

4. Order
The product desired can be placed in your cart by clicking the button „add to cart“. You can see your cart at any time and delete products by clicking „delete“. To buy the products in your cart, click the button „Check out“. Please insert your data, mandatory fields are marked with *. Registering is mandatory for ordering with BETTEC B.V. Your data will be encrypted before the transfer. For further details to data processing, please see our privacy policy. After inserting your data and choosing your payment method, click on „see your order“ to go to the order page for checking your data. The order will be concluded bindingly by clicking the button „order now“. You can cancel the process at any time by closing the browser window. Further information can be obtained on the respective page, e.g. regarding corrections. You can read our terms and conditions on our website at any time. Contract language is German.

5. Shipping costs
The shipment fees depend on the country of delivery. See respective shipping conditions.

6. Terms of delivery
6.1 Delivery of the order by UPS only to Germany, the Netherlands, Belgium, Luxembourg, France, Austria, Great Britain (currently no shipment possible), Denmark, Italy, Czech Republic, Poland, Spain, Finland, Portugal, Sweden, Bulgaria, Estonia, Greece, Hungary, Lithuania, Latvia, Romania, Slovenia, Slovakia and Switzerland.
6.2 The usual delivery time is 6 to 8 business days from order or receipt of payment, depending on your payment method, unless otherwise indicated. Our delivery times are only approximate values (approximate deadlines).
6.3 Shall your acceptance of the goods be culpably in default, we reserve the right to cancel the contract. The contract shall then be declared void according to legal provisions.
6.4 Should a particular product be not available not through a fault of ours but due to the fact that our supplier has not fulfilled his contractual obligations, we shall be entitled to cancel the contract. The client shall in this case be informed immediately on the unavailability of the ordered products and possible payments already made shall immediately be refunded.

7. Terms of payment
7.1 Payment shall be made either via invoice, Paypal or credit card according to the terms below.
7.1.1 Payment via invoice has to be made within 30 days after invoicing (reference invoice date). The receipt of payment on the account of the BETTEC B.V. applies.
7.1.2 Payment via Paypal has to be made immediately with conclusion of the contract. The provider of this payment method is PayPal (Europe) S.à r.l., (Address: 22-24 Boulevard Royal, L-2449, Luxembourg).
7.1.3 Payment via credit card, the specified credit card will be charged after conclusion of the contract. These payments are handled by our service provider Girosolutions GmbH (address: 88699 Frickingen, Germany).
7.2 During default, the client shall pay interest on the purchase price amounting to 5% above the respective base rate. We reserve the right to prove and claim a higher damage by default.

8. Retention of title
The products remain our property until complete payment has been made. Processing or transforming shall not be allowed without our consent in advance of ownership transfer.

9. Right of withdrawal

Cancellation policy

You have the right to withdraw from this contract within 14 days without giving any reason by written declaration (e.g. letter, fax, e-mail). The withdrawal period will start upon receipt of this information in writing, but not before receipt of the goods by the client (in case of recurring delivery of the same products not before receipt of the first part of the delivery) and not before fulfilment of our information requirements according to article 246 section 2 in conjunction with section 1 paragraph 1 and 2 of the Introductory Act to the German Civil Code (EGBGB) and our obligations according to section 312g paragraph 1 sentence 1 of the German Civil Code in conjunction with article 246 section 3 of the Introductory Act to the German Civil Code. Timely sending of the revocation shall suffice for compliance with the deadline for revocation.

To exercise the right of withdrawal, you must inform

BETTEC B.V.
Nieuwe Hertogenweg 20
6291 BP Vaals
Netherlands
E-mail: info@colourfood.de
Phone: +49 8105 73609-12

Effects of withdrawal
Following effective cancellation, the mutually received services are to be returned within 14 days and any benefits obtained (e.g. interest) are to be released. Shall you not or not entirely be able to return or release the services and uses received or only in worse condition, you shall reimburse us accordingly. You shall only reimburse us for a deterioration of the goods or services used, provided they result from a use of the goods exceeding an examination of the characteristics and function. “Examination of the characteristics and function” refers to trying and testing the respective products to the extent possible and usual in actual shops. Products that can be shipped are to be returned at our risk. You shall cover the regular costs for the return. Obligations for returning payments have to be fulfilled within 14 days. The period shall commence for you upon sending your cancellation notice, and for us upon receipt thereof.

End of cancellation policy

10. Return costs in case of exercise of the right of withdrawal
10.1 You shall cover the regular costs for the return when exercising the statutory right of withdrawal (see cancellation policy).
10.2 Shall you not possess the original packaging, please avoid impurities and damage and take care of suitable packaging for sufficient protection of the bottles to avoid transport damage. Thus, you can avoid compensation claims due to inadequate packaging.

11. Transport damage
11.1 Shall goods with obvious transport damage be delivered to you, please immediately complain it with the deliverer and contact us as soon as possible by calling +49 8105 73609-12.
11.2 The legal rights accruing from defects remain unaffected, shall you miss filing your claim or contacting us. However, we can then assert our claims towards the transport insurance.

12. Defect rights/ Liability
12.1 Liability for material defects is subject to statutory provisions. Compensation claims due to a defect of the products are subject to the preconditions according to 12.2 and the statutory preconditions.
12.2 For a liability of the supplier for compensation claims, the following exclusions and limitations apply, irrespective of other statutory eligibility criteria.
12.2.1 Liability for intent or gross negligence is unlimited. Liability for ordinary negligence only applies in cases of breach of a duty whose fulfilment is a prerequisite for the proper implementation of the contract and upon whose compliance the client may rely (cardinal obligation). Apart from that, liability for compensation for all sorts of damage, regardless of the basis of that claim, including liability for default on conclusion of the contract, shall be excluded.
12.2.2 Provided that liability for ordinary negligence is included in 12.2.1, liability is limited to damage whose occurrence could typically be expected due to circumstances know upon conclusion of the contract.
12.2.3 The aforementioned exclusions and limitations of liability shall not apply in case a guarantee for the products’ condition has been given nor to damage that has to be compensated according to the laws on product liability nor to damage to life, body or health.
12.2.4 The aforementioned exclusions and limitations of liability also apply to employees, vicarious agents or other third parties contracted by the supplier in the performance of the contract.

13 Final Clause
13.1 These terms and conditions and all legal relations between client and supplier are subject to the laws of the Federal Republic of Germany with the exclusion of its provisions on international private law and the United Nations Convention on the International Sale of Goods (CISG)
13.2 Should one ore more provisions of these terms and conditions be or become ineffective, the contract remains valid. Instead of the invalid provision, the statutory provisions closest in meaning and purpose shall replace them.

End of the terms and conditions.

Attachment: Sample withdrawal form

If you would like to cancel the contract, fill out this form and return it to us. Alternatively, you can claim your withdrawal by any other declaration in writing (e.g. e-mail or letter) according to the cancellation policy (see provision 9 of the terms and conditions).

To
BETTEC B.V.
Nieuwe Hertogenweg 20
6291 BP Vaals
Netherlands
E-mail: info@colourfood.de
Phone: +49 8105 73609-12

I/We (*) hereby cancel the contract concluded  by me/us (*) regarding the purchase of the following products (*):

Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______
Item number:_________________________ Amount: ______

Ordered on (*)_________________ /received on (*) ______________________

Company’s/-ies’ name: ________________________________________

Company’s/-ies’ address: ______________________________________________________________

Date: _____________________

Companie’s/-ies’ signature (only for communication on paper): ___________________________

(*) Delete as applicable.

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