General Terms

General Terms and Conditions Tawfeer

These general terms and conditions shall apply to all agreements entered into with Tawfeer, also trading under the name Alaseel.

Article 1: Definitions

Tawfeer: the entrepreneur acting in the course of a profession or business. Further to be referred to as 'Tawfeer';
Costumer: the natural person who is not acting in the practice of a profession and business and who enters into the contract with Tawfeer. Further to be referred to as 'client';
Parties: Tawfeer and client jointly;
BW: Dutch Civil Code;
Agreement: offer and acceptance between Tawfeer and client based on article 6:217 BW; Distance contract: an agreement whereby in the context of a by Tawfeer organized system for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Right of withdrawal: the right of a costumer to waive the contract within the cooling-off period of fourteen (14) days from the agreement.

Article 2: Identity of ALASEEL

Name: Tawfeer
Branch address: Vlotbrugweg 8, 1332 AH Almere, The Netherlands
E-mail address: [email protected]
Website: www.tawfeer.nl
Phone number: +31 6 21331111
Chamber of Commerce number: 71290834

Article 3: Entrepreneur's services

• An online shop selling food & non-food products to various countries in Europe.

Article 4: Applicability of these terms and conditions

1. These conditions apply to all offers and all contracts concluded with Tawfeer;
2. General terms and conditions of the client do not apply. In accordance with Article 6:225(3) of the Dutch Civil Code, the general terms and conditions of Tawfeer shall always apply. Unless otherwise agreed in writing;
3. Before the distance contract is concluded, the text of these general conditions will be made available to the client. If this is not reasonably possible, before the (distance) contract is concluded, it will be indicated that the general terms and conditions can be inspected at Tawfeer premises and they will be sent free of charge as soon as possible at client request;
4. The present terms and conditions also apply to agreements with Tawfeer, the implementation of which requires the involvement of third parties by Tawfeer;
5. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the contract is concluded, the text of these general terms and conditions may be made available to the client electronically in such a way that it can be easily stored by the client on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the clients request;

6. The acceptance and retention by the client without comment of an order confirmation or invoice, on which reference is made to these terms and conditions, shall constitute agreement to their application;
7. A client with respect to whom these General Terms and Conditions have been applicable is also deemed to have agreed to the applicability of these General Terms and Conditions to later requests made by the client, to later offers issued by Tawfeer, to later assignments by the client, to later confirmations of orders by Tawfeer, to later contracts to be entered into and concluded by the client with Tawfeer, as well as to all other later legal relationships between the client and Tawfeer;
8. Should any provision of these general terms and conditions, in the opinion of the competent court, be inapplicable or contrary to public policy or law, only the provision in question shall be deemed unwritten, but these general terms and conditions shall otherwise remain in full force and effect. Instead of any invalid provision, a provision that comes closest to the intention of the parties shall apply;
9. The possible inapplicability of a (part of a) provision of these general terms and conditions does not affect the applicability of the remaining provisions.

Article 5: Offer and Price

1. All offers and invoices in any manner and/or wherever made are always without obligation and are made on the basis of prices and specifications in force at the time;
2. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer;
3. Tawfeer may assume the accuracy of all information provided by the client at the time of application;
4. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the client. If Tawfeer uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer do not bind Tawfeer;
5. Each offer contains such information that it is clear to the client what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
   • The price including taxes;
   • The manner in which the agreement will be established and the actions required to do so;
   • Whether or not the right of withdrawal applies;
   • The method of payment and performance of the agreement;
   • The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
   • The amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
   • Whether the contract will be archived after its formation, and if so in what way it can be accessed by the client;
   • The manner in which the client, prior to the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
   • Any other languages in which, in addition to Dutch, the agreement may be concluded;
   • The codes of conduct to which Tawfeer has submitted and the way in which the client can consult these codes of conduct electronically;
   • The minimum duration of the distance contract in the case of an endurance...

6. Offers do not automatically apply to repeat orders;
7. If an order confirmation is sent by Tawfeer, it is deemed to be correct, unless written objections to it are received within 24 hours of dispatch in as this concerns products with limited shelf life;
8. Tawfeer is under no obligation to deliver its products at the incorrect price;
9. The client cannot derive any rights from obvious calculation, counting or writing errors;
10. In the event that no price has been agreed upon, Tawfeer is entitled to a price to be determined in accordance with reasonableness and fairness.

Article 6: Agreements

1. The agreement is established at the time of acceptance by the client of the offer and the fulfillment of the conditions set forth therein;
2. If the client has accepted the offer electronically, Tawfeer shall confirm receipt of acceptance of the offer electronically without delay;
3. Tawfeer can - within legal frameworks - inform himself whether the client can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Tawfeer has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons;
4. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

Article 7: Delivery and Deadlines

1. Delivery of products ordered online is made to the address specified by the client;
2. If the client does not pay the agreed amounts or does not pay them on time, Tawfeer may suspend his obligations until the client pays;
3. Late payment is a creditor default, so the client cannot hold a late delivery against Tawfeer;
4. The delivery terms stated by Tawfeer are indicative and are never to be considered deadlines. In the event that these terms are exceeded, the client must give Tawfeer written notice of default within two business days. The client will in that case have to grant Tawfeer a reasonable term to still comply with its obligations. The client is not entitled to compensation for any damages, direct or indirect and of any nature whatsoever, as a result of Tawfeer exceeding the agreed or specified delivery date;
5. The delivery time starts when the client has fully completed the ordering process and has received a confirmation thereof from Tawfeer.

Article 8: Right of Withdrawal

1. The client may cancel a purchase within fourteen days of purchase without giving reasons. This right of withdrawal does not apply when:
   • the product has been used;
   • it is a product that can spoil quickly;
   • it is a product specially adapted for the client;
   • the client has waived his right of withdrawal.
2. The period of fourteen days mentioned in paragraph 1 starts the day after the client receives the last product or part of one order;
3. The client must return the product to Tawfeer within fourteen days after having expressed his right of withdrawal, failing which his right of withdrawal expires;
4. Business clients have no right of revocation under Dutch law.

Article 9: Costs in Case of Withdrawal

1. If the client exercises his right of withdrawal, at most the costs of return shipment shall be borne by him;
2. If the client has paid an amount, Tawfeer will refund this amount as soon as possible, but no later than thirty days after the return or withdrawal.

Article 10: Conformity

1. Tawfeer strives for the highest possible quality of the products it supplies, which possess the properties necessary for their normal use;
2. The client must check the delivered goods immediately after delivery. Visible shortages or damage to the delivered goods must be reported by the client immediately, failing which the complaint shall be deemed to have taken delivery of and approved the delivered goods;
3. Problems with a product will be reported and recovered from our supplier;
4. If the product does not comply with the agreed characteristics and a timely complaint has been made, as mentioned in paragraphs 2 and 3, then Tawfeer will proceed to replace or repair the defective product.

Article 11: Liability and Warranty

1. Tawfeer is liable for damages suffered by the client only if such damages were caused by intentional or deliberate recklessness on the part of Tawfeer;
2. If Tawfeer is liable for damages, this applies only to direct damages related to the performance of the underlying agreement;
3. Tawfeer is not liable for indirect damages, such as consequential damages, lost profits or damages to third parties;
4. Tawfeer is never liable for complaints about the taste of a product;
5. Tawfeer is not responsible for address errors made by the customer when placing the order, Tawfeer is not liable for packages if they cannot be delivered, lost or delayed due to address error;
6. If a package cannot be delivered due to an address error, the customer is obliged to pay the agreed amount to Tawfeer;
7. If damage has occurred due to Tawfeer's negligent actions, the client must hold Tawfeer liable within eight days;
8. The client loses his rights against Tawfeer, is liable for all damages and indemnifies Tawfeer against any claim by third parties regarding compensation for damages if and to the extent:
   • the aforementioned damage was caused by inexpert use and/or use contrary to the instructions of Tawfeer and/or inexpert preservation (storage) of the delivered items by the client;
   • the aforementioned damage was caused by errors or inaccuracies in data, materials, information carriers etc. that were provided and/or prescribed to Tawfeer by or on behalf of the client;
   • aforementioned damage was caused by instructions given to Tawfeer by or on behalf of the client.

Article 12: Payments

1. Payment must be made immediately after the invoice date. Payment by invoice is possible, but only within fourteen days of the invoice date. Failing this, the client shall be in default by operation of law (i.e. without any reminder or notice of default being required);
2. In the event of default, the client shall owe Tawfeer default interest on the invoice amount or the unpaid portion thereof at the rate of 1.5% per month from the due date to the date of payment;

3. If the payment deadline is exceeded, an additional €30 fee will be charged;
4. Any objections to invoices must be notified to Tawfeer in writing within five working days of the invoice date, in default of which Tawfeer has the right not to deal with complaints in this regard. Objections thus submitted will be dealt with by Tawfeer, but will not suspend the client's payment obligations;
5. Tawfeer assigns the business regarding debt collection to Debtt B.V., De Oude Ijssel 3, 8253 PV Dronten, KvK 82929823.

Article 13: Force Majeure

1. In the event of force majeure, Tawfeer is entitled to dissolve the agreement in whole or in part without being liable for any compensation;
2. Force majeure means: any circumstance beyond Tawfeer's control which renders proper performance of the contract temporarily or permanently impossible. In case of temporary impossibility, Tawfeer also has the right to suspend his performance without being obliged to pay damages;
3. Circumstances in which there shall be non-attributable non-performance shall include: war, riots, mobilization, domestic and foreign disturbances, government measures, strikes and lock-outs by workmen or the threat of these and similar circumstances; disruption of currency relationships existing at the time of entering into the contract; business interruptions due to fire, accident or other occurrences and natural phenomena, all this irrespective of whether the non-performance is attributable to the circumstances; disruption of the exchange rate relationships existing at the time of entering into the contract; business interruptions due to fire, accident or other incidents and natural phenomena, irrespective of whether the non-performance or late performance occurs at the premises of Tawfeer, his suppliers or third parties engaged by him for the performance of the contract;
4. In the event that the client fails to promptly comply with his obligations to Tawfeer in any way whatsoever, in the event of a cessation of payment, an application for a (provisional) moratorium, bankruptcy, attachment under execution, cession of estate or liquidation of the client's business, all debts owed by the client to Tawfeer by virtue of any contact shall become immediately due and payable in full.

Article 14: Amendment Clause

1. Tawfeer may modify these terms and conditions;
2. Substantial changes will be discussed with the client in advance to the extent possible, with the client being given the option to cancel the underlying agreement.

Article 15: Applicable Law

These general terms and conditions and any underlying agreement between the client and Tawfeer are governed by Dutch law.