General Terms of Sale
Last Updated: July 3, 2024
These General Terms of Sale (“Terms”) govern your (“Buyer’s)” use of the products and services provided by Mundosalt (“Seller”) as well as Buyer’s purchase and use of Seller’s salt products. By purchasing Seller’s products or using Seller’s services, Buyer agrees to be bound by these Terms. If Buyer does not agree to these Terms, or does not fully understand them, Buyer should not purchase Seller’s products or use Seller’s services.
1. Orders and Payment
1.1 Placing Orders:
Buyer may place orders for salt products by contacting Seller’s sales team directly through email or telephone. All orders are subject to acceptance by Seller.
1.2 Pricing:
The prices for salt products are as provided to the Buyer by the Seller’s sales team. All prices are exclusive of VAT and any other applicable taxes or duties.
1.3 Payment:
Payment for orders must be made by bank transfer or other payment methods accepted by Seller. Payment terms may be subject to credit approval by Seller. Payments must be made timely, in accordance with the term as defined in Seller’s offer.
2. Delivery and Risk of Loss
2.1 Delivery:
Seller will deliver the salt products in accordance with the INCO Term to the delivery address as specified in Seller’s order confirmation. Delivery dates and times are estimates only and Seller shall not be liable for any delays in delivery.
2.2. Timely handling upon delivery:
Buyer bears the responsibility for ensuring the timely handling of products upon delivery. Any costs incurred as a result of delays on the Buyer’s side are to be paid by the Buyer.
2.3 Risk of Loss:
The risk of loss or damage to the salt products passes to Buyer upon delivery.
3. Quality and Warranty
3.1 Quality:
Seller warrants that the salt products shall conform to the specifications stated in Seller’s product documentation.
3.2 Inspection:
Buyer is responsible for inspecting the salt products upon delivery and notifying Seller of any defects or non-conformities within a 48 hours after delivery.
3.3 Remedies:
In the event of any breach of the warranty in Section 3.1, Seller’s sole obligation and Buyer’s exclusive remedy shall be, at Seller’s option, the replacement of the non-conforming products or a (partly) refund of the purchase price.
4. Limitation of Liability
4.1 Exclusion:
To the fullest extent permitted by Dutch law, Seller shall not be liable for any indirect, incidental, consequential, or punitive damages arising out of or in connection with the purchase or use of Seller’s salt products.
4.2 Limitation:
In no event shall Seller’s total liability to the Buyer exceed the purchase price paid by the Buyer for the salt products giving rise to the claim.
5. Governing Law and Dispute Resolution
5.1 Governing Law:
These Terms and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Netherlands.
5.2 Dispute Resolution:
Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of the Netherlands.
6. Miscellaneous
6.1 Entire Agreement:
These Terms constitute the entire agreement between Buyer and Seller with respect to the subject matter hereof and supersede all prior and contemporaneous agreements and understandings, whether written or oral.
6.2 Amendments:
Seller may amend these Terms at any time by posting the amended terms on Seller’s website. Buyer’s continued use of Seller’s products or services after any such amendments constitutes Buyer’s acceptance of the amended terms.
6.3 Severability:
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
7. Force majeure
Force majeure within the meaning of this article shall be equated with force majeure within the meaning of Article 6:75 of the Dutch Civil Code. Force majeure includes in any case, but is not limited to: strike, staff absenteeism, transport difficulties, including inaccessibility of the destination by means of transport used, and insufficient supply/scarcity of products/raw materials, piracy, boycott, blockade, road closure, flooding, fire, war vandalism, flooding, terrorism, government measures, (measures as a result of a) pandemic/epidemic, import and export bans, business interruptions at suppliers of Seller, default of suppliers, and all external causes beyond Seller’s control. This enumeration is not all-inclusive.
During and after force majeure, Seller’s delivery and other obligations shall be suspended. If the period of force majeure lasts longer than two months after notification by Seller, both Seller and the Buyer shall be entitled to rescind or otherwise terminate the Agreement, without the parties becoming liable for damages.
If at the commencement of the force majeure Seller has already partly performed its obligations or can only partly perform its obligations, Seller shall be entitled to invoice the delivered or deliverable part separately and the Buyer shall be obliged to pay this invoice as if it were a separate Agreement.
By purchasing Seller’s products or using Seller’s services, Buyer agrees to be bound by these Terms.
If you have any questions or concerns about these Terms, please contact us at [email protected].