Terms & Conditions
- Article 1. Definitions
- In these General Terms and Conditions the following words shall have the following meaning, unless expressly stated otherwise or the context otherwise requires:
- IngreCore B.V.: the User of these General Terms and Conditions: IngreCore B.V. , registered at Science Park, Mendelweg 32, 2333 CS Leiden, The Netherlands registered with the Chamber of Commerce under "KvK" number 77836391;
- Agreement: the agreement concluded through the Website;
- Customer: the company acting for purposes in the exercise of her professional or business activities and that concludes an Agreement with IngreCore B.V. through the Website;
- Product: the products offered by IngreCore B.V. through the Website;
- Website: the Website www.ingrecore.com.
- In these General Terms and Conditions the following words shall have the following meaning, unless expressly stated otherwise or the context otherwise requires:
- Article 2. General
- The General Terms and Conditions contained herein apply to all Agreements between IngreCore B.V. and Customer concluded through the Website or concluded between parties either by telephone, e-mail or post. The Website is only intended for customers which are a company registered as a business at a Trade Register. Ingrecore B.V. sells her products only to businesses and not to consumers.
- Any deviations to these General Terms and Conditions are valid only if agreed in writing or by email.
- In case different conditions have been agreed for certain subjects covered by these General Terms and Conditions, these General Terms and Conditions will remain applicable to any remaining parts of the Agreement. Deviations agreed shall never apply to more than one Agreement.
- In case one or more provisions of these General Terms and Conditions are void or declared invalid, the remaining provisions of these General Terms and Conditions shall remain in full force and effect. The void or invalid provisions shall be replaced by IngreCore B.V., taking into account the purport and intention of the original provision(s) to the extent as possible.
- Article 3. Offer and prices
- Offers are free of engagement.
- The offer of IngreCore B.V. on its Website is valid as long as stocks last. Commercial products will have pricing per product per packaging. Samples will have fixed prices. Upon payment of a sample a coupon of the same value will be issued to the Customer. Coupons can be used against commercial orders. Each two thousand (2,000) USD value of an order entitles the customer to redeem one coupon. Multiple coupons can be used against the same commercial order. The validity of the coupon will be 6 months.
- Offers do not automatically apply to future Agreements.
- Apparent errors or mistakes in the offer on the Website are not binding on IngreCore B.V.
- The Product range offered on the Website is subject to change.
- All prices used by IngreCore B.V. are either in US DOLLARS (USD) or EURO’S (EUR), are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise. Shipping/transport costs (depending on the destination of the customer) will be added to the price at check-out and if applicable VAT and other charges will be added as well depending on the country of destination.
- IngreCore B.V. is entitled to adjust all prices for its products or services, shown in its Web shop, Website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which IngreCore B.V. could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The Customer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3.7, unless the increase is the result of statutory regulation.
- Article 4. Account
- Customer can create an account through the Website. For that purpose Customer needs to complete and send in the online registration form. After the account registration has been successfully concluded, IngreCore B.V. will immediately send the Customer a confirmation of registration by email.
- Customer undertakes to provide his correct name, address and other information requested during registration. IngreCore B.V. is not responsible for errors as a result of incorrect information provided.
- The account is personal and non-transferrable.
- Customer is at all times responsible for his account on the Website and his log in information. Customer shall carefully keep his log in information to himself and shall in no case disclose said log in information to any third parties.
- Creating multiple accounts is prohibited.
- Article 5. Website
- IngreCore B.V. does not guarantee that the Website will perform without any interruptions or errors or that all errors will be corrected.
- IngreCore B.V. has the right to modify the Website at any point in time.
- IngreCore B.V. is the proprietor of the Website and all pictures, description of Products etc. shown on the Website. It is prohibited to use the aforementioned pictures, description of Products etc. without prior written permission of IngreCore B.V.
- Article 6. Conditions for use
- When using the Website Customer shall act in such a way as may be expected from a responsible internet user exercising due care.
- Customer is prohibited from circumventing or crack the security applications of the Website.
- Customer is prohibited from using the Website in such a way that it affects the proper performance of computer systems of IngreCore B.V. or any third parties or that other users of the Website are interfered with respectively restricted as a result of that.
- Article 7. Prices and shipping
- Any prices stated on the Website are expressed exclusive of VAT, exclusive of shipping and exclusive of any import duties.
- Shipping costs are clearly stated to Customer before Customer can confirm the order.
- IngreCore B.V. has the right to modify its prices from time to time.
- Article 8. Conclusion of Agreement
- The Agreement is concluded after Customer has completed the entire order process through the Website and has clicked the button "Submit Order".
- The Agreement shall not be concluded through the Website until after Customer has clicked the button confirming that the Customer has approved of these General Terms and Conditions.
- After the Agreement has been concluded through the Website, IngreCore B.V. will immediately send Customer a confirmation by email. This confirmation email will contain the order number and other information of Customer's order. In case Customer has not received a confirmation email from IngreCore B.V. Customer needs to contact IngreCore B.V. 's customer service.
- The Agreement can also be concluded after written confirmation via e-mail from IngreCore B.V. to the Customer of an order from the Customer received by IngreCore either by telephone, e-mail or post.
- Article 9. Payment and consequences of non-payment
- Customer is offered the following payment options:
- Credit card (Mastercard and VISA);
- iDEAL;
- prior to delivery: by transfer of the invoice amount to the IBAN account of IngreCore B.V.; Costs for remittance of the payment are based on SHA.
- after delivery (after written consent of IngreCore B.V.): by transfer of the invoice amount to the IBAN account of IngreCore B.V.; Costs for remittance of the payment are based on SHA.
- other payment options shown on the Website.
- In case of delivery on account, Customer is obliged to pay the invoice amount within the term of payment stated in the invoice.
- In case Customer does not pay in time a reminder shall be sent to Customer, requesting Customer to pay the outstanding invoice within a reasonable time. In case Customer does not pay the invoice within the time stated in the reminder, Customer shall be sent a demand for payment. In case Customer does not comply with this demand for payment, IngreCore B.V. may pass the claim on to a collection agency or bailiff firm for collection. From the time at which Customer is in default until the time of payment of the entire outstanding amount Customer shall be charged legal interest. Costs of collection shall be charged to Customer in accordance with the Dutch Extrajudicial Collection Cost Regulation.
- If the Customer does not pay on time, IngreCore B.V. will suspend its obligations until the Customer has met his payment obligations.
- If the Customer orders via the Website online payment is obligatory as otherwise the order will not be placed. In case payment is reversed after IngreCore B.V. has shipped the goods, the Customer must return the goods at the expense of the Customer
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the Customer, the claims of IngreCore B.V, on the Customer are immediately due and payable.
- If the Customer refuses to cooperate with the performance of the agreement by IngreCore B.V., he is still obliged to pay the agreed price to IngreCore B.V
- As soon as the Customer is in default, IngreCore B.V. is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer. IngreCore B.V. is entitled to invoice the Customer for costs related to the right of recovery.
- IngreCore B.V. invokes the right of recovery by means of a written or electronic announcement.
- As soon as the Customer has been informed of the claimed right of recovery, the Customer must immediately return the products concerned to IngreCore B.V., unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the Customer.
- Customer is offered the following payment options:
- Article 10. Delivery and terms of delivery
- The Incoterms 2020 are applicable to all agreements between IngreCore B.V. and the Customer. The Product will be sent CFR, CIF, CPT or CIP (depending on the transport mode) to the address provided by Customer. For certain destinations different Incoterms may be agreed between parties. Samples will be sent DAP. Pick up by the customer is not possible.
- The term of delivery provided cannot be considered a final deadline.
- In case IngreCore B.V. is not able to start the delivery process of the Product within 30 days of conclusion of the Agreement, IngreCore B.V. shall inform Customer of this by email. The Customer will have then the right to cancel the Agreement free of charge, unless a longer term of delivery has been expressly agreed with Customer. In case Customer cancels the Agreement, IngreCore B.V. will repay any amounts already paid within 14 days after cancellation.
- The risk in the Product passes to the Customer at the time at which Customer has received the Product.
- Customer himself is liable for any import duties, customs formalities, licenses and taxes in connection with the Product.
- If the agreed price is not paid on time, IngreCore B.V. has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the Customer is automatically in default, and as a consequence the Customer cannot object to late delivery by IngreCore B.V.
- Any delivery period specified by IngreCore B.V. is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- The delivery starts once the Customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from IngreCore B.V.
- Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless the parties have agreed upon otherwise.
- The customer must ensure that the actual delivery of the products ordered by him can take place in time.
- Article 11. Waiving of rights
- The Customer waives his right to set off any debt owed to IngreCore B.V. with any claim towards IngreCore B.V.
- The Customer waives the right to suspend the fulfillment of any obligation arising from the Agreement.
- The Customer waives the right to transfer its rights and obligations from an agreement with IngreCore B.V. unless IngreCore B.V. has given prior written permission to the Customer for the transfer.
- The Customer indemnifies IngreCore B.V. against all third-party claims that are related to the Products delivered by IngreCore B.V.
- Article 12. Retention of title
- IngreCore B.V. remains the owner of all delivered Products until the Customer has fully complied with all its payment obligations with regard to IngreCore under whatever agreement with IngreCore B.V. including of claims regarding the shortcomings in the performance. Retention of title for prepayments follow the Incoterms 2020.
- Until then, IngreCore B.V. can invoke its retention of title and take back the goods.
- Before the Product is sent to the Customer, the Customer may not pledge, sell, dispose of or otherwise encumber the Product.
- If IngreCore B.V. invokes its retention of title, the agreement will be dissolved and IngreCore B.V. has the right to claim compensation, lost profits and interest.
- IngreCore B.V. can appeal to his right of retention of title and in that case retain the products sold by IngreCore B.V. to the Customer until the Customer has paid all outstanding invoices to IngreCore B.V., unless the Customer has provided sufficient security for these payments.
- The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to IngreCore B.V.
- IngreCore B.V. is never liable for any damage that the Customer may suffer as a result of using his right of retention of title.
- Article 13. Return address
- When agreed between parties, products must be returned to the address provided by IngreCore B.V.
- Article 14. Conformity
- IngreCore B.V. guarantees that the Products comply with the Agreement, the specifications stated in the offer, as well as the reasonable demands concerning quality and/or usability and the legal provisions and/or government regulations existing at the time of conclusion of the Agreement.
- In case the Product supplied does not comply with the Agreement, Customer must contact IngreCore B.V. 's customer service within 14 days after Customer has discovered the defect or shortcomings. The Customer must give a detailed description as possible of the defect or shortcomings so IngreCore B.V. can respond adequately.
- In case IngreCore B.V. has supplied a defective Product, IngreCore B.V. will credit and repay the invoice amount of the Product to Customer or, in case Customer wishes, a new Product will be sent to Customer.
- For the purpose of inspection whether the Product is defective, IngreCore B.V. may demand from Customer that Customer returns the Product to IngreCore B.V., costs to be borne by IngreCore B.V.
- The Customer must provide any notice of default to IngreCore B.V. in writing. It is the responsibility of the Customer to take care that a notice of default reaches IngreCore B.V. in time.
- Article 15. Liability
- Information and services mentioned on the Website may contain technical mistakes and/or typographical errors. IngreCore B.V. is not liable for such errors and/or mistakes.
- The operation of the Website may be interrupted by for instance a malfunction or maintenance. IngreCore B.V. is not liable for damage in case of temporary unavailability of the Website.
- IngreCore B.V. can never guarantee that the information on the Website is correct. IngreCore B.V. will make every effort to ensure that the accuracy of this information is as consistent as possible. Outside influences, for instance as a result of hackers, are always possible and may lead to distorted information. IngreCore B.V. is not liable for this distorted information.
- IngreCore B.V. is not liable for damage of whatever kind caused by IngreCore B.V. acting upon incorrect and/or incomplete information provided by Customer.
- IngreCore B.V. can in no way be made liable for the loss of a username and password used by Customer. For that reason, IngreCore B.V. cannot be made liable in case any unauthorized third parties use Customer's log-in codes.
- The colors shown by Customer's screen may differ from the actual Product colors. IngreCore B.V. is not liable for any minor color differences.
- IngreCore B.V. is not liable for any accidents involving or caused by the Product or damage caused to the Product as a result of for instance incorrect use, use not in accordance with the instructions for use or as a result of incorrect assembly or installation of the Product by Customer or any third parties engaged by Customer.
- IngreCore B.V. is not liable for loss or distortion of information due to transmission of the information by telecommunication facilities.
- IngreCore B.V. does not accept any liability towards Customer for indirect or consequential damage, including but not limited to loss of information, profit, turnover or savings.
- In case IngreCore B.V. is liable for any damages, the liability of IngreCore B.V. is limited to the amount of the payment made by the insurer of IngreCore B.V.. In case the insurer does not pay in any given case or the damage is not covered by the insurance, the liability of IngreCore B.V. is limited to the invoice amount or that part of the Agreement to which this liability applies.
- The limitations of liability for direct damage contained in these General Terms and Conditions do not apply in case damage is caused by intent or deliberate recklessness on the part of IngreCore B.V. or its subordinates.
- Article 16. Force Majeure
- IngreCore B.V. is not obliged to observe any obligations under the Agreement or to pay any damages in case of Force Majeure. Force Majeure shall in any case include: non-attributable failure in performance on the part of third parties engaged, virus infection and unauthorized access by third parties, traffic obstructions, weather influences, internet malfunctions, power interruptions, fire, theft, government measures, pandemics and any other situation beyond the (decisive) control of IngreCore B.V.
- In case IngreCore B.V. knows or suspects that it will be prevented to supply (part of the) order due to Force Majeure, IngreCore B.V. will inform Customer of that as soon as possible by email. In such a case article 10.3 applies.
- Article 17. Customer service and complaints
- For questions about the order or submitting any complaints Customer can contact IngreCore B.V. 's customer service. IngreCore B.V. 's customer service is available in the following ways: via telephone numbers provided on the Website during
business hours, via Instant Messaging on the Website, and via email address: service@ingrecore.com. Any complaints must be made within 14 days after receipt of goods to service@ingrecore.com mentioning the following:
- Order number
- Name of Product
- Quantity ordered and delivered
- Reason(s) of complaint
- Pictures in case of damage or other relevant documents
- Signed transport documents with remarks
- If possible, questions by telephone will be answered immediately. If that is not possible, Customer will be informed of the term within which Customer may expect a reply.
- After every question and/or complaint submitted by email, which cannot be responded to immediately, a confirmation of receipt will be sent to Customer, containing the term within which Customer may expect a reply. IngreCore B.V. will strive to respond within 2 working days after the receipt of the complaint.
- Complaints are settled by IngreCore B.V. in any case within a maximum term of 90 days.
- In case an order will not be delivered or is not correct (different product, different quantity etc) please contact service@ingrecore.com. IngreCore B.V. will make sure that the product will be substituted or a credit invoice will be made.
- For questions about the order or submitting any complaints Customer can contact IngreCore B.V. 's customer service. IngreCore B.V. 's customer service is available in the following ways: via telephone numbers provided on the Website during
business hours, via Instant Messaging on the Website, and via email address: service@ingrecore.com. Any complaints must be made within 14 days after receipt of goods to service@ingrecore.com mentioning the following:
- Article 18. Privacy
- IngreCore B.V. processes personal information in accordance with the Dutch Data Protection Act. IngreCore has a privacy policy which can be found on the website of IngreCore B.V.
- Article 19. Applicable law and competent court
- Any rights, obligations, offers and Agreements to which these General Terms and Conditions apply, are governed by Dutch law exclusively.
- Any disputes between Customer and IngreCore B.V. shall be submitted to the jurisdiction of the competent court of law in the district in which IngreCore B.V. has its registered place of business.
- Article 20 Consequences of nullity and changes of the general terms and conditions
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what IngreCore B.V. had in mind when drafting the conditions on that issue.
- IngreCore B.V. is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major changes in content will be advised by IngreCore B.V. to the customer in advance as much as possible.
Version 1.5, issue date November 9, 2020