Terms and Conditions for Invoices
● Any dispute regarding this invoice must be reported in writing to us within 2 days of the invoice date. If no dispute is raised within this period, the invoice shall be deemed binding and accepted in full.
● If any provision of these Terms and Conditions is deemed void, invalid, or non-binding by a competent court, all other provisions shall remain in full force and effect.
● Any failure or delay by us to enforce a provision of these Terms and Conditions shall not be considered a waiver of our rights under that provision or any other provision. ● Any amendments to these Terms and Conditions must be agreed upon in writing by both parties.
1. Payment Terms
● Payments must be made within the period specified on the invoice. The payment term starts from the date the goods are received by the client, unless otherwise agreed in writing.
● We reserve the right to apply interest on overdue payments at a rate of 8% per annum, prorated from the first overdue day until payment is received in full. Additionally, a 10% administration fee will be charged on the accrued interest amount.
2. Order Confirmation
● Orders are confirmed upon receipt of a purchase order from the client. 3. Shipping Costs and Responsibility
● Unless explicitly stated otherwise, the client is responsible for all shipping costs. ● Risk transfers to the client at the moment of pickup from our facility or designated location. In cases where shipment is arranged by Cultcha Kombucha BV, risk transfers once the goods are unloaded at the delivery location specified by the client.
4. Delivery and Storage Fees
● The client is responsible for being available at the agreed delivery or pickup time. If delivery or pickup cannot occur due to client unavailability or failure to provide accurate information, any additional fees we incur will be passed on to the client along with a 10% administrative fee.
5. Damaged or Faulty Goods
● Any claims for damages or faulty goods must be reported upon receipt or within 24 hours of delivery. Claims made after this period will not be accepted.
● Cosmetic issues with secondary packaging (e.g., boxes) are not grounds for rejection unless they also result in damage to the cans.
● Due to the nature of manufacturing, minor variances in packaging, labeling, or product volume (up to 10% of the total order) may occur and will not constitute grounds for rejection or claims unless they also compromise the functionality or integrity of the product.
● Goods must not be used or altered before reporting, as this may invalidate the claim. 6. Limitation of Liability
● To the extent permitted by Dutch law, Cultcha Kombucha BV’s liability is strictly limited to direct damages arising from proven negligence on our part. Such liability will not exceed the lesser of the cost price of the affected goods or €1 per kilogram of the affected goods.
● Cultcha Kombucha BV is not liable for indirect, incidental, or consequential damages, including but not limited to loss of profit, revenue, or business opportunities.
7. Default and Collections
● Invoices overdue by more than 4 weeks will be automatically referred to our debt collection agency. This process is non-reversible due to our contractual agreement with the agency, and the client is liable for any associated collection fees. Additionally, Cultcha Kombucha BV will invoice a 10% administration fee separately.
● We reserve the right to apply additional administration fees in cases of overdue invoices or non-payment.
8. Pricing, Taxes, and Deposit Fees
● Prices on invoices are displayed both exclusive and inclusive of BTW (VAT). Clients are required to pay the full invoiced amount, including BTW, unless exempted under applicable laws.
● A statutory deposit fee of €0.15 per can (0% BTW) applies to all orders, as required by Dutch law. This fee is listed separately on invoices and is non-refundable unless the return of packaging complies with statutory deposit system requirements.
● The client must notify us immediately and reject the invoice if there is an error in the calculation or application of taxes, including deposit fees.
● In cases of incorrect invoicing of taxes or deposit fees, the client remains responsible for ensuring compliance with applicable laws and paying any amounts due. ● Clients are responsible for ensuring proper handling and reporting of returned packaging where applicable under deposit system regulations. For more information, visit Statiegeld Nederland.
● We reserve the right to adjust prices without notice unless otherwise specified in a written agreement.
9. Force Majeure
● We are not liable for failure or delay in performing obligations due to circumstances beyond our reasonable control, including but not limited to natural disasters, pandemics, strikes, or supply chain disruptions.
10. Ownership and Responsibility
● The client assumes full responsibility for the goods upon receipt, including any risks of loss, damage, or misuse, regardless of payment status. Goods cannot be returned or refused after receipt unless previously agreed in writing and subject to a restocking or handling fee.
11. Excise Duties and Regulatory Fees
● The client is responsible for any excise duties, import/export taxes, or regulatory fees applicable to the delivery of goods. These will be invoiced separately when applicable.
12. Governing Law and Jurisdiction
● All disputes shall be governed by Dutch law and will be exclusively handled by the competent court in Amsterdam.
NL09 RABO 0314 0394 30 accounting@cultcha.co
kvk 73915831 SKAL 1087634
Cultcha Kombucha B.V. Box C3369 - Keurenplein 41 1069CD Amsterdam NL