1. General Provisions

1.1 These General Terms and Conditions ("Terms") apply to all offers, sales, and deliveries of perishable nuts and dried fruits ("Products") by CASPIAN NUTS WholeTrade ("CASPIAN NUTS," "we," "us," "our") to any buyer ("Buyer," "you," "your").

1.2 By placing an order with CASPIAN NUTS, the Buyer agrees to these Terms. Deviations from these Terms are only valid if explicitly agreed upon in writing by CASPIAN NUTS.

2. Offers and Orders

2.1 All offers made by CASPIAN NUTS are non-binding and subject to change without notice.

2.2 Orders are only binding upon written confirmation by CASPIAN NUTS. CASPIAN NUTS reserves the right to refuse orders without providing reasons.

3. Prices and Payment

3.1 All prices are quoted in Euros unless otherwise stated, and are exclusive of VAT, duties, and other taxes or charges.

3.2 Payment must be made within the period stated on the invoice. If no period is stated, payment must be made within 28 days of the invoice date.

3.3 Ownership of the Products remains with CASPIAN NUTS until full payment has been received. Until ownership has transferred, the Buyer must not pledge, sell, or otherwise dispose of the Products.

4. Delivery

4.1 Delivery times are estimates only and are not binding. CASPIAN NUTS is not liable for any delays in delivery.

4.2 The risk of loss or damage to the Products passes to the Buyer upon delivery or (passing on to courier)shipment, whichever occurs first.

4.3 If the Buyer fails to take delivery of the Products, CASPIAN NUTS may charge the Buyer for any costs incurred as a result, including storage and insurance costs.

5. Inspection and Complaints

5.1 The Buyer must inspect the Products immediately upon receipt. Any complaints regarding the Products must be reported in writing or via acknowledged email to CASPIAN NUTS within 24 hours of receipt. Failure to do so will result in the Products being deemed accepted by the Buyer.

5.2 If a complaint is made within the specified period and is found to be justified, CASPIAN NUTS will, at its discretion, either replace the defective Products or issue a credit note to the Buyer for the value of the defective Products.

6. Liability

6.1 CASPIAN NUTS's liability for any damage or loss arising out of or in connection with the sale, delivery, or use of the Products is limited to the amount of the invoice for the Products concerned.

6.2 CASPIAN NUTS's liability can never exceed the total insured amount as covered by CASPIAN NUTS's insurance policy. Details of this insurance policy are available on our website at www.caspiannuts.com and upon request.

6.3 CASPIAN NUTS is not liable for any indirect or consequential damages, including loss of profits, business interruption, or loss of data.

7. Force Majeure

7.1 CASPIAN NUTS is not liable for any failure or delay in performing its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, natural disasters, pandemics, and interruptions in supply chains.

8. Retention of Title

8.1 Ownership of the Products remains with CASPIAN NUTS until full payment of all amounts due by the Buyer under the contract, including any interest and costs.

8.2 The Buyer must store the Products separately from other goods and clearly mark them as being the property of CASPIAN NUTS.

8.3 If the Buyer fails to fulfill its payment obligations, CASPIAN NUTS has the right to reclaim the Products without prior notice and without prejudice to CASPIAN NUTS’s right to claim further damages.

9. Governing Law and Dispute Resolution

9.1 These Terms are governed by and construed in accordance with the laws of the Netherlands.

9.2 Any disputes arising out of or in connection with these Terms shall be settled by arbitration in accordance with the rules of the of the NETHERLANDS ASSOCIATION FOR THE TRADE IN DRIED FRUIT, SPICES AND ALLIED PRODUCTS (NZV).

9.3 Any terms not mentioned in these Terms are subject to the supplemental provisions of the NZV.

10. Penalties for Non-Compliance

10.1 The Buyer agrees to be subject to an immediate and non-negotiable fine of 10% of the sale amount, with a minimum of €2,500, if any of these Terms are not adhered to.

10.2 This penalty is without prejudice to CASPIAN NUTS's right to claim additional damages if the actual damage exceeds the amount of the fine.

11. Miscellaneous

11.1 If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

11.2 CASPIAN NUTS reserves the right to amend these Terms at any time. The amended Terms will apply to any orders placed after the date of amendment.

11.3 The Buyer may not assign or transfer any rights or obligations under these Terms without the prior written consent of CASPIAN NUTS.

Additional Conditions for Defects and Complaints

1. Reporting Issues:
1. Any issues such as flaws or defects must be submitted in writing to CN within 3 calendar days from the date of confirmed receipt by the Buyer, with confirmation of receipt by CN.
This written report must:
2. Clearly state the issue and the size of the issue.
3. Be accompanied by clear photos and videos meeting reasonable standards of clarity and detail as determined by CN. CN reserves the sole discretion to assess the sufficiency of the submitted evidence.

2. Product Return Policy:
If an issue is deemed valid by CN:
1. The Buyer must arrange for the return or pickup of the Products within 3 calendar days, or within a reasonable period as mutually agreed, provided the Buyer demonstrates good faith efforts to meet the initial deadline.

3. Third-Party Inspections:
If resolution of the issue requires a third-party inspection:
1. The third party will be appointed by CN.Inspection costs will initially be borne by the Buyer but will be reimbursed if the third-party inspection concludes that the issue is attributable to CN

4. Responsibility for Transport Damage:
1. All Products are sold EXW (Ex Works). Damages occurring during transport arranged through third-party couriers listed on the CN website are to be addressed directly to the courier. CN does not provide or arrange transport insurance.
2. CN ensures that all shipments are packaged in accordance with recognized industry standards to minimize transport risks. However, CN accepts no liability for damages occurring after the Products leave its premises

5. Non-Compliance with Reporting Terms:
1. Failure to comply with the above conditions will result in:
2. Immediate acceptance of the Products by the Buyer.
3. Foreclosure of any rights by the Buyer.
4. Rejection of any claims by CN.
5. An exception applies for force majeure events or circumstances beyond the Buyer’s control, provided the Buyer notifies CN within a reasonable time.

These terms and conditions apply exclusively to business-to-business (B2B) transactions and are not intended for consumer transactions

For any further inquiries or assistance, please contact us at:

CASPIAN NUTS

Leeghwaterstraat 151, 2501 CK Den Haag - NL

+31(0)73311055

info@caspiannuts.com