General Terms and Conditions
Welcome to Oliva Olei!
These terms and conditions outline the rules and regulations for the use of Oliva Olei's website and govern all agreements, offers, and deliveries by or on behalf of Oliva Olei. By accessing our website or purchasing our products, you agree to comply with these terms. If you do not agree, please discontinue use of our services.
Article 1 - Definitions
Oliva Olei, established in Enschede, Chamber of Commerce number 95220488, is referred to in these general terms and conditions as the seller.
The counterparty of the seller is referred to in these general terms and conditions as the buyer.
The parties are seller and buyer together.
The Agreement means the purchase agreement between the parties.
Article 2 - Applicability of general terms and conditions
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of the seller.
Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3 – Website
Cookies
Our website uses cookies to enhance your experience. By accessing Oliva Olei, you consent to the use of required cookies. Optional cookies, including third-party cookies for marketing or statistical purposes, can be accepted or declined. Essential cookies are necessary for website functionality and do not require consent.
A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you.
License
Oliva Olei and its licensors own the intellectual property rights for all material on the website. You may use this content for personal purposes but are restricted from:
Republishing, selling, or sub-licensing material.
Reproducing, duplicating, or copying content.
Redistributing content without Oliva Olei’s written permission.
Comments and Content
Oliva Olei may provide users the opportunity to post comments. These comments reflect the users' views and not Oliva Olei's. While we reserve the right to monitor and remove inappropriate comments, Oliva Olei is not liable for the content posted by users. By posting, you grant us the right to use, reproduce, and edit your comments.
Oliva Olei reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
Hyperlinking
Certain organizations (e.g., government agencies, search engines, news organizations) may link to our website without prior approval, provided the link is not deceptive, does not imply sponsorship, and fits the linking context. Other entities must request permission by contacting Oliva Olei.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Oliva Olei; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Oliva Olei. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
Limit or exclude our or your liability for death or personal injury;
Limit or exclude our or your liability for fraud or fraudulent misrepresentation;
Limit any of our or your liabilities in any way that is not permitted under applicable law; or
Exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Article 4 - Payment
The full purchase price is always paid immediately. In some cases, a down payment is expected, for reservations. In that case, the buyer receives proof of the reservation and the advance payment.
If the buyer does not pay on time, he is in default. If the buyer remains in default, the seller is entitled to suspend the obligations until the buyer has fulfilled his payment obligation.
If the buyer remains in default, the seller will proceed to collection. The costs relating to that collection will be borne by the buyer. These collection costs will be calculated on the basis of the decree on compensation for extrajudicial collection costs.
In the event of liquidation, bankruptcy, attachment or suspension of payments of the buyer, the seller's claims on the buyer shall be immediately due and payable.
If the buyer refuses to cooperate with the execution of the order by the seller, he is still obliged to pay the agreed price to the seller.
Prices
All prices used by Oliva Olei are in euros, inclusive of VAT and unless expressly stated otherwise or otherwise Other costs such as administrative costs, fees and travel, shipping or transport costs are excluded unless agreed.
Oliva Olei has the right to adjust all prices for its products or services displayed in its store, on its website or elsewhere at any time.
Product or part costs that Oliva Olei could not foresee when making the offer or signing the contract. Increases in prices may lead to price increases.
The consumer shall be subject to the price increase referred to in paragraph 3, unless the increase is the result of legal regulation. has the right to terminate the contract as a result.
Article 5 - Offers, quotations and price
Offers are without obligation, unless a term of acceptance is stated in the offer. If the offer is not accepted within that stated term, the offer will lapse.
Delivery times in quotations are indicative and do not entitle the buyer to cancellation or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
Offers and quotations do not automatically apply to repeat orders. Parties must agree to this explicitly and in writing.
The price stated on offers, quotations and invoices consists of the purchase price including the VAT due and any other government levies.
Upon acceptance of a quote or quote without obligation, Oliva Olei shall not be liable to the customer. Reserves the right to withdraw the offer or offer within 3 days of receipt of acceptance.
Article 6 - Right of withdrawal
The consumer has the right to dissolve the agreement within 14 days after receipt of the order without giving reasons. The term starts from the moment the entire order has been received by the consumer.
There is no right of withdrawal if the products are custom-made according to your specifications or have a short shelf life.
The consumer can use a withdrawal form from the seller. The seller is obliged to make this available to the buyer immediately after the buyer's request.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the unused and undamaged product with all accessories supplied and - if reasonably possible - in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7 - Amendment of the agreement
If during the execution of the agreement it appears that it is necessary to change or supplement the work to be carried out for the proper execution of the assignment, the parties shall adjust the agreement accordingly in a timely manner and in mutual consultation.
If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. The seller will inform the buyer of this as soon as possible.
If the amendment or addition to the agreement has financial and/or qualitative consequences, the seller shall inform the buyer of this in writing in advance.
If the parties have agreed on a fixed price, the seller shall indicate to what extent the change or addition to the agreement will result in an excess of this price.
Notwithstanding the provisions of the third paragraph of this article, the seller may not charge additional costs if the change or addition is the result of circumstances that can be attributed to him.
Article 8 - Delivery and transfer of risk
As soon as the purchased item has been received by the buyer, the risk passes from seller to buyer.
Article 9 - Investigation and complaints
The buyer is obliged to examine the delivered goods at the time of delivery, but in any case within the shortest possible period. In doing so, the buyer must examine whether the quality and quantity of the delivered goods correspond with what the parties have agreed, or at least whether the quality and quantity meet the requirements that apply to them in normal (commercial) transactions.
Complaints regarding damage, shortages or loss of delivered goods must be submitted in writing to the seller by the buyer within 10 working days after the day of delivery of the goods.
If the complaint is found to be justified within the specified period, the seller has the right to either repair or redeliver, or to cancel delivery and send the buyer a credit note for that part of the purchase price.
Minor and/or industry-standard deviations and differences in quality, quantity, size or finish cannot be held against the seller.
Complaints regarding a specific product do not affect other products or parts belonging to the same agreement.
After the goods have been processed by the buyer, no further complaints will be accepted.
Article 10 - Samples and models
If a sample or model has been shown or provided to the buyer, it is presumed to have been provided only as an indication without the item to be delivered having to correspond to it. This is different if the parties have expressly agreed that the item to be delivered will correspond to it.
Article 11 - Delivery
Delivery is 'ex works/shop/warehouse'. This means that all costs are for the buyer.
The buyer is obliged to take delivery of the goods at the time the seller delivers them to him or has them delivered, or at the time the goods are made available to him in accordance with the agreement.
If the buyer refuses to accept delivery or fails to provide information or instructions necessary for delivery, the seller is entitled to store the item at the buyer's expense and risk.
If the goods are delivered, the seller is entitled to charge any delivery costs.
If the seller requires information from the buyer for the execution of the agreement, the delivery time commences after the buyer has made this information available to the seller.
A delivery period specified by the seller is indicative. This is never a fatal term. If the term is exceeded, the buyer must give the seller written notice of default.
Seller is entitled to deliver the goods in parts on separate orders, unless the parties have agreed otherwise in writing or partial delivery has no independent value. In the event of delivery in parts, Seller is entitled to invoice these parts separately.
Article 12 - Force Majeure
If the seller is unable to fulfill his obligations under the agreement, or is unable to fulfill them in a timely manner or properly due to force majeure, he shall not be liable for any damage suffered by the buyer.
Force majeure shall in any event be understood by the parties to mean any circumstance which the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of a company, strikes, lock-out, changed government measures, transport difficulties and other disruptions in the seller's business.
Furthermore, the parties understand force majeure to mean the circumstance that suppliers on which the seller depends for the performance of the agreement do not meet their contractual obligations towards the seller, unless this is attributable to the seller.
If a situation as referred to above occurs as a result of which the seller cannot fulfill its obligations towards the buyer, those obligations will be suspended for as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing in whole or in part.
If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done by registered letter.
Article 13 - Transfer of rights
Rights of a party under this agreement may not be transferred without the prior written consent of the other party. This provision shall be deemed to be a clause with property law effect as referred to in Article 3:83, paragraph 2, of the Dutch Civil Code.
Article 14 - Retention of title and right of retention
The goods present at the seller and the delivered goods and parts remain the property of the seller until the buyer has paid the entire agreed price. Until that time, the seller can invoke his retention of title and take back the goods.
If the agreed advance payments are not paid or not paid on time, the seller has the right to suspend the work until the agreed part has been paid. This is considered a creditor's default. In that case, a late delivery cannot be held against the seller.
The seller is not authorised to pledge or otherwise encumber the items subject to his retention of title.
If goods have not yet been delivered, but the agreed advance payment or price has not been paid as agreed, the seller has the right of retention. The goods will then not be delivered until the buyer has paid in full and as agreed.
In the event of liquidation, insolvency or suspension of payments of the buyer, the buyer's obligations shall be immediately due and payable.
Article 15 - Liability
Any liability for damage resulting from or related to the performance of an agreement is always limited to the amount paid out in the relevant case by the liability insurance(s) taken out. This amount is increased by the amount of the deductible according to the relevant policy.
The seller is not liable for damage resulting from intent or deliberate recklessness on the part of the seller or his managerial subordinates.
If a complaint is justified, the seller is obliged to if necessary, replace them.
Article 16 - Obligation to complain
Buyer is obliged to report complaints about the work performed directly to seller. The complaint contains a description of the shortcoming in as much detail as possible, so that seller is able to respond adequately.
Article 17 - Guarantees
General Guarantee
The seller guarantees that the olive oil sold complies with the terms of the agreement, is free from defects, and is suitable for the intended use as described by the buyer. This guarantee is valid for a period of twelve (12) months from the date the buyer receives the olive oil, provided that the buyer complies with the required storage conditions specified in this article.
Storage Conditions
Failure to adhere to these storage conditions may void the guarantee.
Risk Allocation
The purpose of this guarantee is to allocate risks between the seller and the buyer in such a way that any consequences of a breach of the guarantee are entirely the responsibility of the seller. The seller cannot rely on article 6:75 BW (force majeure) as a defense in the case of a breach of this guarantee. This applies even if the buyer was aware of the breach or could reasonably have identified it through inspection.
Exclusions from the Guarantee
The guarantee does not apply in the following cases:
If the defect arises from improper or inappropriate use of the product.
If the buyer or any third party makes or attempts to make changes to the product without the seller's prior written consent.
If the product has been used for purposes other than its intended use.
If the buyer fails to comply with the specified storage conditions.
Third-Party Products
If the guarantee provided by the seller relates to olive oil or packaging materials produced by a third party, the seller’s guarantee is limited to the warranty provided by that third-party producer.
Article 18 - Intellectual property
Oliva Olei retains all intellectual property rights (including copyright, patent rights, trademark rights, design and model rights, etc.) on all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, mock-ups, etc., unless the parties have agreed otherwise in writing.
Article 19 - Amendment of general terms and conditions
Oliva Olei is entitled to amend or supplement these general terms and conditions.
Minor changes may be made at any time.
Oliva Olei will discuss major substantive changes with the customer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
Article 20 - Applicable law and competent court
Dutch law applies exclusively to any agreement between the parties.
The Dutch court in the district where Oliva Olei is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
The applicability of the Vienna Sales Convention is excluded.
If one or more provisions of these general terms and conditions are deemed to be unreasonably onerous in legal proceedings, the other provisions will remain in full force.
