Article 1. GENERAL

1.1 These conditions apply to all purchase and sale offers/agreements of goods, services and orders of Goldensupps. Additions or deviations from these conditions must be agreed in writing.

1.2 The rights and obligations from agreements between Goldensupps and the other party cannot be transferred by the other party to third parties, unless with written permission of Goldensupps.

1.3 By creating an account on the website of Goldensupps or placing an order at Goldensupps the counterparty accepts these general conditions.

1.4 Goldensupps has the right to change these general conditions unilaterally. The changes to these general conditions are binding and are considered to be accepted as soon as they are notified to the counterparty and subject to written protest or reservation of the counterparty within eight calendar days counting from the aforementioned notification.

1.5 The manager of Goldensupps has to agree with the representatives, agents or appointees of Goldensupps to conclude any agreement.

Article 2. OFFERS

2.1 All offers are without obligation and are valid as long as stocks last. An offer which contains a term can still be revoked by Goldensupps, even after receipt of the order.

2.2 All information, announcements and mentions on the website or in commercial publications of Goldensupps are of informative nature and do not form a binding agreement. Only by an explicit accepted order or a written agreement a binding agreement is created.

Article 3. AGREEMENTS

3.1 The agreement between Goldensupps and the other party is only valid when Goldensupps confirms the order in writing. These general terms and conditions supplemented with an order confirmation determine the content of the agreement.

3.2 The agreed delivery time can expire if an additional order is requested.

3.3 From online orders a valid agreement can be made, even if a signature of the counterparty is missing, if the requirements described in these general conditions are met.

3.4 All products can be ordered, no minimum or maximum order quantity is required. However, an intervention in transport costs by the other party may be required, as mentioned in article 4.

Article 4. PRICES

4.1 All quotations are in euros. Goldensupps is subject to the exemption scheme for small businesses, VAT is not applicable. Transport costs are not included in this price.

4.2 Product descriptions on the website and in commercial publications of Goldensupps can always be changed by the representative of Goldensupps. Low-price-guarantee is only applicable for webshops within the Benelux, discount actions are not covered by this guarantee.

4.3 Goldensupps can make price changes after concluding an agreement due to a price change in product bound factors such as taxes, raw materials, materials, packaging, etc. The other party has the right to dissolve the agreement if this price change is more than 10% on a product. The dissolution has to be notified in writing to Goldensupps within seven days after receipt of the notification by Goldensupps of this price change. The opposing party can’t claim damages by this dissolution.

4.4 Goldensupps is authorized to request advance payments and deposits.

Article 5. PAYMENT

5.1 Online orders can only be paid via the payment methods provided. The payment conditions which are valid at invoicing are agreed between Goldensupps and the other party.

5.2 In case of payments via invoices, if explicitly agreed, the payment term which is imposed by Goldensupps will be respected.

5.3 The counterparty is in default after the imposed payment term has expired without a notice of default being required, regardless of whether or not the exceeding can be attributed to the counterparty. The delivered products remain property of Goldensupps until the counterparty has made full payment of the sales price.

5.4 If the invoice has not been paid before the due date of the invoice, Goldensupps can charge an interest on the outstanding amount of 10 % per month or a part of a month, counting from the concerning due date.

Article 6. CANCELLATION AND RECALL RIGHT

6.1 The other party has the right to return a product within 14 days after delivery of the product, provided that the packaging is not broken. This right expires if the products have been put into use.

6.2 Conditions for returning products: The product may not have been used and can be sold back as a new product. The product must be returned undamaged, complete and in the original packaging. The original label/label must also still be attached to the product.

6.3 Goldensupps will refund the counterparty within 30 days after receipt of the returned product. Costs for returning the product cannot be recuperated at Goldensupps.

Article 7. DELIVERY, DELIVERY AND RISK

7.1 Goldensupps strives to process and ship all orders as soon as possible. The period between receipt and shipment is fixed on a maximum period of 5 working days. The in the offer and / or the order confirmation mentioned agreed delivery period does not count as a strict deadline and is only approximate, even if it is explicitly accepted by the other party.

7.2 After handing over the order to the transport company, the liability for Goldensupps expires. The damage or destruction of the order will be recoverable from the carrier from that moment on.

7.3 For deliveries abroad, different delivery terms can apply.

7.4 The delivery period will be extended if:

– There is a delay in manufacturing, shipment or other impeding circumstances regardless of this delay can be attributed to Goldensupps.

– The counterparty does not fulfill his obligations or if there is a well-founded fear that the counterparty does not fulfill his obligations.

– Goldensupps can’t fulfill its obligations because for example the counterparty didn’t mention the place of delivery.

7.5 If an order can’t be delivered due to the fault of the customer (wrong address/name/…) then the due contribution for returning the order will be charged to the customer.

7.6 The risk of damage and destruction of the products is transferred to the other party from the moment of delivery, i.e. as soon as the other party has the goods at his disposal. The exemption of liability for Goldensupps is respected according to article 7.2.

7.7 For each order, placed by a private customer, with delivery in Belgium or the Netherlands, a contribution in the shipping costs will be charged of € 5,95. The customer will be exempted from this as soon as the order exceeds € 40,00, excluding shipping costs.

7.8 Orders will in principle only be shipped after receipt of payment. Deviation is possible by mutual agreement, but must also be confirmed in writing by both parties before payment terms are allowed.

Article 8. IMPLEMENTATION AGREEMENT

8.1 Goldensupps executes the agreements as good as possible, according to insight, ability and good craftsmanship.

8.2 Goldensupps is authorized, without permission of the other party, to outsource the assignment or parts of the assignment to third parties who are not employed by Goldensupps.

8.3 The counterparty will provide Goldensupps with all data necessary for the execution of the agreement. If Goldensupps doesn’t dispose of the necessary data in time, the execution of the agreement can be suspended.

Article 9. WARRANTY

9.1 Goldensupps guarantees that all goods/products are suitable and legally permissible for the purpose for which they are meant.

9.2 Goldensupps guarantees the quality of the delivered products. If the products don’t match the ordered, the other party has the possibility to return these products. The costs of returning are for the account of the other party, unless the explicit error of Goldensupps can be proven.

9.3 The counterparty is obliged to read the information and advice of the products.

Article 10. NON-FULFILLMENT/TERMINATION/SUSPENSION

10.1 Goldensupps has the right to dissolve or suspend the agreement immediately, without judicial intervention, completely or partially:

– the opposing party acts contrary to one of the provisions of the agreement between the opposing party and Goldensupps.

– the counterparty dies or requests postponement of payment.

– any asset of the opposing party is seized.

Article 11. LIABILITY

11.1 Goldensupps is only liable in case of intent or gross negligence by managers.

11.2 Goldensupps is not liable for intent or (gross) negligence of those who were engaged for the execution of the agreement, but are not employed by the company.

Article 12. FORCE MAJEURE

12.1 Force majeure is understood to mean: an unforeseeable and unforeseeable event, which makes it impossible to comply with a commitment or obligation. Examples of force majeure are: war, new government measures, lack of raw materials, staff strikes, epidemics, weather conditions, breakdowns in the factory or in transport, etc.

12.2 Goldensupps can invoke force majeure to terminate or suspend the agreement without compensation.

Article 13. PERSONAL DATA

13.1 Goldensupps guarantees the privacy of data of the other party.

Article 14. PARTIAL NULLITY

14.1 If one or more provisions of the agreement with the other party are not/not entirely legally valid, the other legally valid provisions shall remain in full force and effect. A suitable legal arrangement will be sought for the provisions that are not legally valid.

Article 15. INTELLECTUAL PROPERTY

15.1 Goldensupps owns at all times the intellectual property of all designs, logos, designs, marks, domain names, trade names, company names, compositions, flavor types and all other visual/commercial specifications.

VAT Number: BE0697850662

Manager: Heremans Kenny