1.     

Definition

In these General Terms and Conditions, the following words have the following meanings:
- Pine-apple: by Hedges bv
- the Buyer: all natural persons or legal persons who have bought or are about to buy goods from Pine-apple, and/or who have or are about to enter into any other form of agreement with Pine-apple.

2.

Applicability

2.1 

These general terms and conditions are applicable to all verbal or written quotations and all agreements concluded with and deliveries made by Pine-apple, unless expressly agreed otherwise in writing

2.2

By accepting a quotation issued by Pine-apple, or by placing an order for goods from Pine-apple, the Buyer accepts the applicability of these general terms and conditions.

2.3

Any agreed variation or deviation from these general terms and conditions shall apply solely to the specific agreement to which the variation apply, unless the variations are confirmed in writing in subsequent agreements.

3. 

Formation of the agreement

3.1

Quotations issued to the Buyer are for information purposes only, and do not constitute an offer by Pine-apple

3.2

Quotations are valid while stocks last. Prices are subject to change without notice.

3.3

Any order placed by the Buyer, whether verbally or in writing, shall be considered to be an irrevocable offer. Pine-apple shall be bound by these general terms and conditions only on acceptance of the order. In connection with exclusivity, protection, product and quality control, Pine-apple reserves the right to alter and/or refuse this order.

4.

Prices

Pine-apple reserves the right to increase the prices without prior notification to take account of any increases in costs on the part of Pine-apple, as a result of changes in purchase prices, rates, rights, insurance premiums, government levies, taxes or exchange ranges, occurring after the agreement has entered into force and prior to the date of delivery. The Buyer shall be notified of the price increase and is entitled to dissolve the agreement without judicial intervention within ten (10) days of the date of the notification of the price increase.

5.

Delivery

5.1

The ordered goods shall be delivered to the delivery address specified by the Buyer. Risk in the goods shall only pass from Pine-apple to the Buyer upon delivery of said goods.

5.2

The delivery of goods within the Netherlands with an invoice value of € 500.00 or more shall be carriage paid at the delivery address specified by the Delivery.

5.3

For goods with an invoice value of less than € 500.00, Pine-apple shall charge the Buyer for the cost of carriage.

5.4

Orders delivered outside of the Netherlands are subject to a carriage charge.

5.5

Dates agreed or specified by Pine-apple for the delivery of the goods are approximate only and are not binding. The mere fact of any stated term of delivery being exceeded by Pine-apple shall not constitute default within the meaning of Section 6.83 of the Dutch Civil Code.

6. 

Payments

6.1

The purchase price of the delivered goods shall be immediately due and payable on delivery in accordance with the provisions of article 5.1, without any set-off.

6.2

All judicial and extrajudicial costs for collection by Pine-apple of the monies owed by the Buyer, shall be borne by the defaulting Buyer. The extrajudicial costs shall amount to at least 15% of the invoice amount or the overdue portion thereof, unless the actual costs are higher.

7. 

Retention of title 

Notwithstanding actual delivery, title to the goods shall pass to the Buyer only after the Buyer has paid in full any amounts due to Pine-apple with respect to deliveries made pursuant to the agreement or similar agreements. 

8.

Breach of contract/Non-attributable failing (Force Majeure)

In the event of Force Majeure, Pine-apple is entitled, at its discretion, without a warning or judicial intervention being required, either to suspend the performance of the agreement in full or in part or to dissolve the agreement in full or in part, or to cancel the order, without being obliged to pay any damages.

The term "Force Majeure" is understood to mean all circumstances at the time of the agreement being concluded that are independent of and beyond the control of  Pine-apple, and that are of such a nature that fulfilment of the obligations is temporarily or permanently impossible or, according to criteria of reasonableness and fairness, cannot be required anymore from Pine-apple. Such circumstances include, but are not limited to; war, risk of war, mobilisation, riots, fires, storms, thunder, floods, blockades, industrial action, strikes, stagnation and/or disruptions in the manufacture and/or processing of goods to be delivered by Pine-apple, any breakdown of vehicles used by Pine-apple or third parties, government measures such as the seizure of goods, the refusal to grant permits, import and export restrictions.

9.

Claims  

9.1

Any visible defects or shortcomings to goods delivered by Pine-apple must be communicated in writing to Pine-apple as soon as possible, but in any event no later than eight (8) days after they have been discovered. 

9.2

Defects which cannot reasonably have been discovered within the term set above, shall be notified to Pine-apple as soon as possible after the defect was discovered or reasonably ought to have been discovered by the Buyer.

9.3

On expiry of the agreed term, the Buyer will be considered to have accepted the delivered items. In that case, Pine-apple is not bound to accept or handle any claims in respect thereof. 

10.

Returns  

10.1

Returns shall only be accepted after due consultation with Pine-apple. 

10.2

Acceptance of returns by or on behalf of Pine-apple implies neither acknowledgment of the defects nor acknowledgment of liability. 

10.3

Erroneously returned goods shall remain at the disposal and for the risk of the Buyer: shipping and storage costs shall be borne by the Buyer.

11.

Liability  

11.2

Pine-apple assumes no liability whatsoever for defects or damage caused to or arisen in the delivered goods due to the fault or involvement of the Buyer, the carrier or third parties to whom liability may be attributed.

11.3

In all other cases, Pine-apple shall only assume liability for any loss or damage suffered by the Buyer, if the Buyer can demonstrate that the damage is attributable to a wrongful act or fault on the part of Pine-apple, its co-workers, employees or representatives. Any liability of Pine-apple for the damage or loss suffered by the Buyer shall be limited to the amount of the purchase price.

12.

Applicable law: disputes  

12.1

The agreement concluded between Pine-apple and the Buyer shall be governed exclusively by the laws of the Netherlands. 

12.2

Pursuant to Section 100 of The Netherlands Code of Civil Procedure, all disputes arising from or in connection with an agreement concluded between Pine-apple and the Buyer will be submitted for arbitration to the competent court in Haarlem, on the understanding that Pine-apple is granted authority to have the dispute settled by a court in the domicile or in the immediate vicinity of the Buyer.