Terms and conditions

Version effective from: 1 October 2026

Article 1 Definitions and general provisions

1.1 Water Concepts: the private limited company (besloten vennootschap met beperkte aansprakelijkheid) Water Concepts Europe B.V., established at Van Asch van Wijckstraat 55, 3811 LP Amersfoort, the Netherlands, and registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 34385788.

1.2 Client: the legal entity, or the natural person acting in the course of a profession or business, that has placed an order with Water Concepts for the supply of products.

1.3 Products: the broadest possible definition of any item or good supplied by Water Concepts. This includes in any case: private label mineral water, soft drinks, juices and wine.

1.4 Website of Water Concepts: the website (webshop) of Water Concepts on which these general terms and conditions are published, including its versions in other languages.

1.5 The Client cannot derive any rights from the fact that Water Concepts may apply these general terms and conditions flexibly.

1.6 These terms and conditions apply to all offers and to all agreements of Water Concepts concerning the sale of products.

1.7 Any general terms and conditions used by the Client are expressly rejected and therefore do not apply to agreements concluded with Water Concepts.

1.8 If one or more provisions of these general terms and conditions are wholly or partly null and void or are annulled, the remaining provisions shall remain fully applicable.

1.9 In these general terms and conditions, “in writing” also includes documents sent electronically, in any case including e-mail.

1.10 These general terms and conditions have been drawn up in Dutch and translated into other languages. In the event of any discrepancy between the Dutch text and a translation, the Dutch text shall prevail.

Article 2 Quotations and offers

2.1 All quotations are valid for acceptance for fourteen (14) days. After that, they are for information purposes only.

2.2 Prices used by Water Concepts in quotations and offers are exclusive of VAT and inclusive of other government levies.

2.3 Shipping costs and any deposit are charged separately and shown before the order is placed, unless stated otherwise.

Article 3 Formation of an agreement

3.1 An agreement is concluded once the Client has accepted an offer or quotation issued by Water Concepts and Water Concepts has agreed to this acceptance.

3.2 Article 3.1 applies both to agreements concluded via the website of Water Concepts and to agreements concluded orally or in writing.

3.3 An agreement via the website of Water Concepts is concluded once the Client, following the invitation on the website to place an order, has placed an order by completing the order form, Water Concepts has accepted this order and this acceptance is accessible to the Client, regardless of the place(s) of residence or establishment of the parties involved and regardless of the place where the agreement was concluded or is to be performed. A mere acknowledgement of receipt does not imply that Water Concepts accepts the order.

3.4 A written agreement is concluded as soon as Water Concepts has received back an offer from Water Concepts signed by the Client, or as soon as Water Concepts proceeds to deliver the products.

Article 4 Delivery

4.1 All products to be supplied by Water Concepts are produced according to the Client’s personal preferences. Water Concepts will inform the Client of the expected delivery time and will always endeavour to deliver within the agreed period. This period shall never be regarded as a strict deadline.

4.2 Products are delivered to an address specified by the Client within the countries to which Water Concepts delivers via the website. Shipping costs are charged to the Client.

Article 5 Retention of title

5.1 Water Concepts retains ownership of all goods delivered to the Client for as long as the Client has not fully complied with its payment obligations towards Water Concepts in respect of the products delivered under the agreement, as well as the payment obligations set out in article 10.

5.2 Rights are granted or, where applicable, transferred to the Client only on condition that the Client pays the agreed fees on time and in full.

5.3 Any extraordinary disposal of the goods, such as a pledge or the provision of security, may only take place with the consent of Water Concepts. The Client must inform Water Concepts immediately if third parties seize goods delivered subject to retention of title.

5.4 In the event of non-payment on the due date, and in the event of bankruptcy or suspension of payments of the Client, Water Concepts is entitled to take back the goods without prior notice, and the Client hereby grants Water Concepts an irrevocable authorisation to do so, without prejudice to the right of Water Concepts to compensation. Water Concepts will credit goods taken back at the value it reasonably attributes to them.

Article 6 Complaints

6.1 The Client must inspect the delivered products immediately upon receipt. The Client must note any defective products on the transport document immediately upon discovery, and at the latest within seven (7) days, and inform Water Concepts accordingly.

6.2 If the Client has not notified Water Concepts of defects in the delivered goods within the period set out in article 6.1, the products shall be deemed to have been received in good condition.

6.3 If the defects identified by the Client prove to be justified, the Client must grant Water Concepts a reasonable period to properly perform the agreement after all. If Water Concepts is unable to perform the agreement, the Client is entitled to a refund of the amount paid to Water Concepts for the defective products.

6.4 Any claims by the Client under its right of complaint do not suspend the Client’s other obligations under the agreement.

Article 7 Liability

7.1 Water Concepts excludes all liability for indirect damage resulting from the use of products supplied by Water Concepts, except where the damage is directly attributable to intent or gross negligence on the part of Water Concepts, its management and/or managerial staff.

7.2 Any liability is limited to the amount paid out under the applicable insurance policy in the case in question, plus the amount of the deductible borne by Water Concepts under that insurance policy.

7.3 Direct damage shall exclusively mean: the reasonable costs of determining the cause and extent of the damage, insofar as this relates to damage within the meaning of these terms; any reasonable costs incurred to make the defective performance of Water Concepts conform to the agreement, insofar as these can be attributed to Water Concepts; and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to a limitation of direct damage as referred to in this article.

7.4 Water Concepts is in no event liable for the following: consequential damage, lost profits, lost savings, damage due to business interruption, death and personal injury.

7.5 If, by way of exception to article 7.2, no payment is made under the said insurance for whatever reason, the liability of Water Concepts is limited to a maximum of the invoice value of the order, or at least to that part of the order to which the liability relates.

7.6 The Client indemnifies Water Concepts against claims by third parties arising from or related to the performance of the agreement.

Article 8 Obligations of the Client

8.1 The Client shall act in accordance with these general terms and conditions and with what is agreed between the representatives of Water Concepts and the Client.

8.2 The Client must ensure that Water Concepts has all correct information required to properly perform the agreement.

8.3 The Client must ensure normal use and transport of the products supplied by Water Concepts.

Article 9 Force majeure

9.1 Water Concepts is not obliged to fulfil any obligation towards the Client if it is prevented from doing so as a result of a circumstance that is not due to its fault and for which it is not accountable by law, legal act or generally accepted practice.

9.2 Water Concepts may suspend its obligations under the agreement for as long as the force majeure continues. If the force majeure lasts longer than thirty (30) days, either party is entitled to terminate the agreement, without any obligation to compensate the damage suffered by the other party.

Article 10 Price and payment

10.1 Orders placed via the website are paid at the time of ordering, using the payment methods offered on the website. If payment on invoice has been agreed in writing, payment must be made within fourteen (14) days of the invoice date.

10.2 The Client must pay as stated on the invoice or as expressly agreed with Water Concepts.

10.3 If the Client fails to pay an invoice on time, the Client is in default by operation of law. The Client then owes the statutory interest. Interest on the amount due will be calculated from the moment the Client is in default until the moment the full amount owed has been paid.

10.4 All extrajudicial and judicial costs incurred by Water Concepts if it becomes involved in legal proceedings against the Client in any way shall be borne by the Client.

10.5 If the Client wishes to pay cash on delivery, the additional costs involved shall be borne by the Client.

10.6 Prices are subject to errors. In the event of incorrectly stated prices, Water Concepts reserves the right to correct the invoice or to terminate the agreement, without being obliged to pay any compensation.

Article 11 Applicable law and disputes

11.1 All legal relationships to which Water Concepts is a party are governed exclusively by Dutch law. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

11.2 The Client and Water Concepts will only refer a dispute to the courts after they have made every effort to settle it by mutual consultation.

11.3 Unless mandatory rules of law dictate otherwise, the competent court in the district of Amsterdam, the Netherlands, shall have jurisdiction at first instance to hear disputes between Water Concepts and the Client.

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