Terms and Conditions
This document explains the terms and conditions on which Feed Additives Prices provides a service and access to the client mentioned on the order confirmation, to the Feed Additive Prices platform.
Kindly read and print the terms and make sure you understand them before using the Feed Additive Prices platform as a user and a subscriber.
- Feed Additive Prices: established in Oostvoorne, The Netherlands, under Chamber of Commerce 78088291.
- Client: the legal entity with which Feed Additive Prices has entered into an agreement by means of signed order confirmation.
- Parties: Feed Additive Prices and client together.
Application of general terms and conditions
- These terms and conditions apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of Feed Additive Prices.
- The parties can only deviate from these terms and conditions if they have expressly agreed to this in writing.
- The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the client or of third parties.
- All prices that Feed Additive Prices use are in euros, exclude VAT and exclude any other costs such as administration costs, levies, and travel costs unless explicitly stated otherwise or otherwise agreed.
- All prices that Feed Additive Prices use for its services on its Feed Additives Platform or that have otherwise been made known may be changed at any time, but with prior notice to the client of at least 2 weeks before the end of a subscription period.
- The price with regard to a subscription to the Feed Additive Prices platform is determined by Feed Additive Prices on the basis of an annual subscription fee.
- Prior to its entry into effect, Feed Additive Prices will timely communicate price adjustments to the client.
- The consumer has the right to terminate the agreement with Feed Additive Prices if he does not agree with the price increase.
Consequences of not paying on time
- If the client does not pay on time, Feed Additive Prices may suspend its obligations until the client has fulfilled his payment obligation.
- In the event of liquidation, bankruptcy, attachment, or suspension of payment on the part of the client, the claim of Feed Additive Prices on the client is immediately due and payable.
- If the client refuses to cooperate with the execution of the agreement by Feed Additive Prices, he is still obliged to pay the agreed price to Feed Additive Prices.
When the parties have entered into an agreement with a service-oriented character, it only contains a best-efforts obligation by Feed Additive Prices and therefore no obligation to achieve results.
Execution of the agreement
- Feed Additive Prices executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good
- Feed Additive Prices has the right to have the agreed service (partially) performed by third parties.
- The execution of the agreement takes place in mutual consultation and after written agreement and payment by the client.
- It is the responsibility of the client, by means of timely payment, that Feed Additive Prices can start the execution of the agreement in a timely manner.
Provision of information by the client
- The client makes all information, data, and documents that are relevant for the correct execution of the agreement available to Feed Additive Prices in a timely manner and in the desired form and in the desired manner.
- The client guarantees the accuracy, completeness, and reliability of the information, data, and documents made available, even if these come from third parties unless the nature of the agreement does not result otherwise.
- If and to the extent that the client requests this, Feed Additive Prices returns the relevant documents.
Duration of the subscription
- The agreement between Feed Additive Prices and the client concerning a subscription service is entered into for the duration of 1 year unless something else arises from the nature of the agreement or parties have expressly agreed otherwise in writing.
- At the end of the period referred to in paragraph 1 of this article, the agreement can be extended by another year after mutual agreement by the client and Feed Additive Prices, by means of a new agreement. One month prior to the end date of the subscription agreement, the client will be asked to either extend by another year or to terminate the pending agreement at the end date.
Termination of the agreement
- The client may terminate an agreement concerning this subscription service that has been entered into, not earlier than after 3 months into the agreement period of Termination of the agreement by the client should be in written to Feed Additive Prices, either by e-mail to firstname.lastname@example.org or to the physical address at Stationsweg 45, 3233 CS, Oostvoorne, The Netherlands, with a clear motivation why there is a desire to terminate. Pending on each individual situation, a restitution of the remaining annual subscription fee may or may not be done.
- On termination of the agreement for whatever reason, all confidential information and documentation shall be returned to Feed Additive Prices. Feed Additive Prices will then have no further obligation or duty to provide the service. The client will promptly remove and/or delete all Feed Additive Prices platform data from all computer equipment and memory locations.
- Feed Additive Prices retains all intellectual property rights (including copyright, patent law, trademark law, design, and design right, etc.) on all designs, data, text, visuals, drawings, writings, carriers with data or other information, quotations, images, sketches, models, etc., unless the parties have agreed otherwise in writing.
- The client may not copy the said intellectual property rights without the prior written permission of Feed Additive Prices, to and /or make available to third parties or otherwise use them in a way.
- The client keeps secret any information (in any form whatsoever) that he receives from Feed Additive Prices.
- The same applies to all other information concerning Feed Additive Prices of which the client knows or can more reasonably suspect that it is secret or confidential, or that he can expect to cause damage.
- The client shall take all necessary measures to ensure that he also keeps the information referred to in paragraphs 1 and 2 secret.
- The obligation of confidentiality defined in this Article shall not apply to information:
- that was already public before the client heard this information or that later became public without this being the result of a breach of the client’s duty of confidentiality
- which is made public by the client on the basis of a statutory statement
- The obligation of confidentiality defined in this Article shall apply for the duration of the underlying agreement and for a period of 3 years after its expiry.
- If the client violates the article of these general terms and conditions about secrecy or intellectual property, it will initiate an immediately due and payable fine for any violation for the benefit of the trade name Feed Additive Prices.
- if the other party is a consumer, this fine amounts to € 1,000
- if the other party is a legal entity, this fine amounts to € 10,000
- In addition, the other party shall pay a fine of an amount of 10% of the amount referred to in paragraph 1 for each day that that infringement continues.
- The forfeiting of this fine shall not require any prior notice of default or legal Also, there does not have to be any kind of damage.
- The forfeit of the fine referred to in the first paragraph of this article shall not affect the other rights of Feed Additive Prices including its right to claim damages in addition to the fine.
Use of service
- Feed Additive Prices does not allow the client and user of the Feed Additive Prices platform to download, store, reproduce, transmit, display, copy, sell, publish, distribute, provide access to, or otherwise use the platform in such a way.
- Or, internally or externally distribute any material without acquiring the appropriate permission of Feed Additive Prices.
- Or, provide the client’s username and password for accessing the platform to any third party, or using the platform for any unlawful purpose.
The client indemnifies Feed Additive Prices against all claims of third parties that are related to the products and/or services provided by Feed Additive Prices.
- The client must examine a product or service provided by Feed Additive Prices as soon as possible for any shortcoming.
- If a delivered product or service does not correspond to what the client could reasonably expect from the agreement, then the client must inform Feed Additive Prices thereof as soon as possible, but in any case within 1 month after detection of the shortcomings.
- The client gives as detailed a description as possible of the deficiency so that Feed Additive Prices is able to respond adequately to
- The client must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this can in any case not lead to Feed Additive Prices being held to carry out work other than those agreed.
- The client must make notice of defaults known in writing to Feed Additive Prices.
- It is the responsibility of the client that a notice of default in Feed Additive Prices actually reaches them (timely).
Joint and several liability of the client
If Feed Additive Prices enters into an agreement with several clients, each of them is personally liable for the full amounts they owe to Feed Additive Prices under that agreement.
- Feed Additive Prices accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time, or for any indirect or consequential loss or damage of any kind however arising and whether caused by a breach of contract or otherwise, even if foreseeable.
- If Feed Additive Prices is liable, this liability is limited to the amount that is paid out by a concluded (professional) liability insurance, and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability is stretched.
- All images, photos, colors, drawings, descriptions on the Feed Additives Platform are only indicative and are only approximate and cannot give rise to compensation and/ or (partial) dissolution of the agreement and/or suspension of any obligation.
- The client is responsible for providing the proper means to access the Feed Additives Platform, including appropriate computer systems, internet access, and correct e-mail addresses. Feed Additive Prices will do its utmost to ensure that the platform is kept free from computer viruses or other potentially harmful content.
- Feed Additive Prices does not guarantee that the platform will be 100% accurate or error-free. In particular, the prices that are a part of the service are indicative and should not be seen as a recommendation to engage in any transaction, nor are they intended to be used as a reference for calculating prices or as evidence in any argument.
Any right of the client to compensation from Feed Additive Prices expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Amendment of the agreement
If, after the conclusion of the contract for its performance, it appears necessary to amend or supplement its content, the parties shall, in good time and by mutual agreement, amend the agreement accordingly.
Modification of general terms and conditions
- Feed Additive Prices is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- Major substantive changes will be discussed with the client as much as possible in advance with Feed Additive Prices.
- Consumers are entitled to terminate the agreement in the event of a substantial change in the general terms and conditions.
Transfer of rights
- The client’s rights under an agreement between the parties cannot be transferred to third parties without the prior written consent of Feed Additive Prices.
- This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.
Consequences of nullity or nullity
- If one or more provisions of these general terms and conditions prove to be null and void or voidable, this will not affect the other provisions of these terms and conditions.
- A provision that is void or voidable will be replaced in that case by means of a provision that comes closest to what Feed Additive Prices had in mind when drawing up the conditions on that point.
Applicable law and competent court
- Every agreement between the parties is exclusively governed by Dutch law.
- The Dutch court in the district where Feed Additive Prices is established / practice holds/holds office is exclusively competent to take cognizable of any disputes between the parties unless the law prescribes otherwise.