Terms and Conditions
These Terms and Conditions (the Agreement) are a legally binding agreement between you and SWEET & FRESH B.V. (hereinafter referred to as Sweet & Fresh, we, our or us). These Terms and Conditions are designed to ensure that our customers can shop easily and with confidence at Sweet & Fresh. By using any of the services made available by Sweet & Fresh through the Website or any other services provided by Sweet & Fresh (the Services), you agree and acknowledge that you have read, understood, and unconditionally accepted all of the Terms and Conditions contained herein.
Article 1 – Interpretation
1.1 Consumer is the party under these Terms and Conditions who executes an Order for Products as a natural person.
1.2 Customer under these Terms and Conditions means both Consumers and Retailers. Provisions referring to the Customer are therefore applicable to natural and legal customers of Sweet & Fresh.
1.3 Offer means the offering of the Products for a reduced price or under other different conditions than those under which they are generally offered.
1.4 Order means the Customer’s order for the Products from Sweet & Fresh following the step-by-step process as set out on the Website.
1.5 Product(s) means the product(s) advertised on the Website that are supplied by or through Sweet & Fresh.
1.6 Retailer is the party under these Terms and Conditions that executes the Order for Products as a business, organization, or institution, not as a natural person.
1.7 Sweet & Fresh means the business established at Delflandlaan 1 1062EA, Amsterdam, the Netherlands, under business number 77093097, which is the seller of record of Products under these Terms and Conditions.
1.8 Website means our website on http://www.sweet-fresh.com, where the Products are advertised.
Article 2 – General Applicability and Amendment
2.1 These Terms and Conditions apply to all Products offered by Sweet & Fresh and all Orders placed by the Customer with Sweet & Fresh via the Website or the mobile Website.
2.2 You may not use the Services nor accept these terms if you are not of legal age or have the required mental capacity to form a binding contract with Sweet & Fresh.
2.3 Placing an Order requires the unconditional acceptance by the Customer of the applicability of these Terms and Conditions either through the Website or through another means of communication. By entering into the Terms and Conditions, the Customer enters into a legally binding Agreement. It is the responsibility of the Customer to read and understand the Terms and Conditions prior to placing an Order. If you do not agree to these Terms and Conditions, do not use the Website or any other of our Services.
2.4 All terms and conditions used by the Customer that are contrary to these Terms and Conditions are hereby rejected and therefore do not apply to any Order placed by the Customer.
2.5 In the event that one or more of the provisions in these Terms and Conditions are found to be wholly or partially invalid, the remaining provisions will remain in force. Sweet & Fresh will formulate new provisions to replace the invalid provisions, whereby the scope of the original provisions will be carefully considered.
2.6 Sweet & Fresh may unilaterally change these Terms and Conditions. The amended Terms and Conditions will apply immediately to Orders placed after the changes have been made. Where necessary, Sweet & Fresh shall inform the Customer of the changes.
2.7 Except as supplemented by additional terms and conditions, policies, guidelines or standards, these Terms and Conditions contains the entire legal understanding between Sweet & Fresh and the Customer and supersedes any and all prior or written understandings or agreements in relation to you access to and use of our Services.
2.8 Any personal data submitted by you to Sweet & Fresh will be governed by the Privacy Policy.
Article 3 – The Products
3.1 The offered Products will contain a complete and accurate description.
The description is sufficiently detailed to enable a proper assessment of the Products by the Customer. However, to the extent permitted by applicable law we do not warrant or represent that the Product descriptions, colors, information, or any other content available on the Website are accurate, complete, reliable, current, or error free
3.2 Obvious mistakes or errors in description and/or depiction of Products do not bind Sweet & Fresh.
3.3 Offers are free of obligation, unless a period of acceptance is stated in the Offer. If the Offer is not accepted within that specific period, the Offer will expire.
3.4 Sweet & Fresh cannot be held to its Offer(s) if the Customer can reasonably understand that the Offer(s), or a part thereof, contain(s) an obvious mistake or error.
3.5 Offers do not automatically apply to repeat Orders. Unless the parties have expressly agreed so in writing.
Article 4 – Payment
4.1 The Customer enters into the Agreement, subject to the provisions of Article 2, at the time the Customer places an Order and accepts the applicability of these Terms and Conditions.
4.2 The prices on the Website are all displayed in Euro’s (€), including the statutory VAT but excluding shipping costs or any additional import duties. Typing errors and price changes are reserved.
4.3 Sweet & Fresh takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment for online payments.
4.4 For the avoidance of doubt, the Customer hereby acknowledges and agrees that it is the Customer’s sole obligation to pay any such fee that Sweet & Fresh shall have no obligation to pay, or liability in respect of, any such additional fees such as customs fees or duties.
Article 5 – Returns and the Right of Withdrawal for Consumers
5.1 The right of withdrawal for Consumers as set out by this section shall not apply to Products subject to rapid decay or with a limited shelf-life or to sealed Products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery. Sweet & Fresh shall clearly communicate to Consumers the absence of the right of withdrawal in the description.
5.2 A Consumer can cancel an Order of a Product during a cooling-off period of 14 days without giving reasons. Sweet & Fresh may ask the Consumer about the reason for withdrawal, but the Consumer is not obliged to state the reason(s).
5.3 The cooling-off period starts on the day after the Consumer or a third party designated by the Consumer in advance, who is not the carrier, has received the Product. Upon delivery, the Consumer will be fully and solely responsible for the Product.
5.4 During this 14-day cooling-off period, the Consumer will handle the Product and the packaging with care. The Consumer will only unpack the Product to the extent that is necessary to be able to assess whether the Product is of proper quality. If Consumer exercises the right of withdrawal, Consumer will return the unused and undamaged Product with all accessories supplied and – where reasonably possible – in the original shipping packaging to the seller, in accordance with the reasonable and clear instructions provided by Sweet & Fresh on the Website.
5.5 The Consumer will notify Sweet & Fresh of the intent to exercise the right of withdrawal within the 14-day cooling-off period by following the steps set out by Sweet & Fresh in the Returns & Refunds Policy. Within 14 days from the day following this notification, Consumer will return the product to Sweet & Fresh.
5.6 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
5.7 Unless the reason for return is a mistake attributable to Sweet & Fresh, such as a wrong or damaged Product, the Consumer shall bear the costs of returning the Product(s) to Sweet & Fresh.
5.8 Sweet & Fresh will reimburse payments made by the Consumer, including the standard delivery costs charged by Sweet & Fresh for the delivered Product, within 14 days following the day on which Sweet & Fresh has received the returned Product.
5.9 Sweet & Fresh will use the same payment method that the Consumer has used for the reimbursement, unless the Consumer agrees to a different method. The reimbursement is free of charge for the Consumer.
5.10 If a package gets lost in transit, the Consumer must notify Sweet & Fresh of this no later than 14 days after the estimated delivery date. If this is due to an error attributable to Sweet & Fresh, a full refund will be offered to the Consumer.
Article 6 – Returns and the Right of Withdrawal for Retailers
6.1 Retailers may return a Product within 14 days from the date the Retailer has received the last Product of their Order. Sweet & Fresh shall accept the return and refund the Retailer only when the Products delivered are wrong, expired, damaged, or some other mistake attributable to Sweet & Fresh has been made.
6.2 The Retailer shall apply for a return by emailing Sweet & Fresh at sales@sweet-fresh.com, and providing the relevant purchase details, as well as details and, in case of damage or expiry, pictures of the Products to be returned.
6.3 Sweet & Fresh will use the same payment method that the Retailer has used to pay for the Order for the refund, unless the Retailer agrees to a different method. The refund shall be free of charge for the Retailer, and Sweet & Fresh shall be liable for the cost of returning the Product to the Retailer.
6.4 In case of a return, the Retailer and Sweet & Fresh shall agree in writing on the method of shipment to return the Product(s) prior to the Product(s) being shipped. If the Retailer returns the Product(s) before this agreement, the Retailer may be liable to, at least in part, cover the cost of shipping.
6.5 If an Order, or part thereof, is lost in transit, the Retailer must notify Sweet & Fresh no later than 14 days after the estimated delivery date. If this is due to an error attributable to Sweet & Fresh, a full refund will be offered to the Retailer. In any other case, Sweet & Fresh does not carry any liability for items that are damaged or lost in transit. It is recommended that the Retailer takes up insurance to cover this risk.
6.6 If a Product is out of stock or if Sweet & Fresh does not have the quantity as ordered by the Retailer available, Sweet & Fresh will notify the Retailer immediately. Sweet & Fresh will offer a refund in this regard.
Article 7 – Delivery and Execution
7.1 Sweet & Fresh will take all reasonable care when receiving and executing Orders for the delivery of Products.
7.2 While Sweet & Fresh will confirm any order by email, the receipt of an email order confirmation does not necessarily constitute the acceptance of an Order. Sweet & Fresh reserves the right to, without prior notice, limit the order quantity or refuse service to any Customer. In the event Sweet & Fresh makes a change to an Order or cancels it completely, Sweet & Fresh will attempt to notify the Customer immediately.
7.3 Delivery times on the Website or on a quotation are indicative and do not entitle the Customer to dissolution or compensation if they are exceeded.
7.4 If a delivery is delayed, or if an Order cannot or can only partially be executed, the Customer will be notified of this no later than 3 days after he has placed the order.
7.5 If the Customer’s address of delivery is incorrect or insufficient, or if the package is not claimed by the Customer, the product is returned to Sweet & Fresh. The Customer will be liable for reshipment costs.
7.6 The Customer is obliged to comply with the applicable import and export regulations and the customs regulations of the country of destination and transit.
7.7 Any taxes, customs, or duty fees incurred on international parcels are the responsibility of the Customer. The Customer is solely responsible for all risks and consequences of importing Products.
Article 8 – Force Majeure
8.1 In the event of force majeure, there is no shortcoming attributable to Sweet & Fresh. Force majeure in these Terms and Conditions is understood to mean any circumstance independent of the will of Sweet & Fresh – even if it was foreseeable at the time the Agreement was concluded – which permanently or temporarily prevents fulfilment of the Agreement, and – to the extent not already therein included – war; danger of war; civil war; natural occurrences such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods; riot; strike; transport difficulties; computer malfunctions; power outages; a pandemic, epidemic or any other threat to public health; staff illness; and all external causes, foreseen or not foreseen, on which Sweet & Fresh does not have any influence. Sweet & Fresh shall not be liable for any compensation for any loss arising from force majeure.
Article 9 – Limitation of Liability
9.1 To the maximum extent permitted by law, the Services provided by Sweet & Fresh on or through the Website are provided on an “as is” and “as available” basis. Sweet & Fresh hereby expressly disclaims any and all warranties, either express or implied, including but not limited to, any warranties of condition, quality, durability, or fitness for a particular purpose. All such warranties, representations, and conditions are hereby excluded.
9.2 To the maximum extent permitted by law, Sweet & Fresh makes no representations or warranties about the accuracy, correctness, quality or completeness of any information provided on or through the Website.
9.3 Sweet & Fresh is not liable for possible damage caused under these Terms and Conditions, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Sweet & Fresh, provided that it has been demonstrated by the Customer.
9.4 The liability of Sweet & Fresh is at all times limited to the maximum value of an Order which is directly related to the damages suffered.
9.5 To the maximum extent permitted by law, Sweet & Fresh shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your use or inability to use our Services; (b) any conduct of any party other than Sweet & Fresh itself; (c) any defect in Products or information obtained through the Services; (d) unauthorized access by third parties to Customers’ personal data; or (e) any violation of third party rights through the sale and/or use of Products, or claims by any party that they are entitled to defence or indemnification in relation to assertions of these rights.
9.6 The Customer indemnifies Sweet & Fresh against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If Sweet & Fresh is held liable by a third party in relation to these Terms and Conditions and any underlying Orders, the Customer is obliged to pay Sweet & Fresh all costs related to this, and the Customer is obliged to take responsibility for the liability directly (inter alia) by notifying the third party that Sweet & Fresh is not liable, but that the Customer is. If the Customer fails to do so, this automatically creates a right to claim from Sweet & Fresh against the Customer for the amount for which Sweet & Fresh is held liable.
9.7 The Customer is liable for all damages that Sweet & Fresh may suffer as a result of a failure attributable to the Customer in the fulfilment of the obligations arising from the Terms and Conditions.
Article 10 – Intellectual Property
10.1 Sweet & Fresh retains all rights and powers that accrue to it with regard to the intellectual property in the works produced by it, including the Website’s look and feel.
The design of the Website, including its software, source code, text, images and all other content are copyrights, trademarks and other intellectual properties that are owned and controlled by Sweet & Fresh.
10.2 The Customer may not reproduce, publish, transmit, distribute, display, modify, or exploit in any way the content of this Website.
Article 11 – General Provisions
11.1 Except for where supplemented by additional or explanatory policies, these Terms and Conditions constitute the entire agreement between the Customer and Sweet & Fresh, thereby superseding any prior written or oral agreements.
11.2 Sweet & Fresh shall have the right to assign any and all of its rights, obligations, and duties under these Terms and Conditions. The Customer does not have such right of assignment.
11.3 Any headings included in these Terms and Conditions are merely for reference purposes and do not limit or define the scope of the clauses.
Article 12 – Complaints Procedure
12.1 Complaints about the implementation of these Terms and Conditions or the execution of an Order must be submitted fully and clearly to the Sweet & Fresh within a reasonable time after the Customer has discovered the defects.
12.2 The Customer must, in any case, give Sweet & Fresh four (4) weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement which is set out in Article 12.
Article 13 – Disputes
13.1 Any dispute, claim, or controversy regarding the Website or any rights under these Terms and Conditions shall be governed by the laws of the Netherlands. Any dispute relating in any way to your use of the Website shall be referred to and resolved by confidential arbitration in the Netherlands and you hereby agree to submit to the jurisdiction and proceedings thereof.
13.2 Arbitration under this Agreement shall be administered under the Arbitration Rules of the Netherlands Arbitration Institute. The place of arbitration shall be Amsterdam. The number of arbitrators shall be one. The proceedings shall be conducted in the English language.
13.3 Consolidation of the arbitral proceedings with other arbitral proceedings as provided for in Article 1046 of the Dutch Code of Civil Procedure and Article 39 of the Arbitration Rules of the Netherlands Arbitration Institute, is excluded.
13.4 This Article does not include any violation or threatened violation of our intellectual property rights for which we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you hereby consent to jurisdiction and venue in any such court for these purposes.
Article 14 – Applicable law
14.1 Only the laws of the Netherlands apply to the legal relationship between Sweet & Fresh and the Customer.
14.2 The District Court of Amsterdam is authorized (in the first instance) to take cognizance of any dispute between Sweet & Fresh and the Customer, unless otherwise required by law.