Purchase agreement Showcase and Accessories Only Cannoli
- This purchase agreement applies between Only Cannoli, established in Uithoorn (Chamber of Commerce number 67783899), (“we” or “Only Cannoli”) and you (“you” or “Customer”) and, together with the General Terms and Conditions of Only Cannoli, forms a possible quotation and other agreements made, the agreement between Only Cannoli and you regarding display cases (the “Display Cases”) and accompanying presentation dishes, taste cakes and the A4 promotional sign (together the “Accessories”) that you purchase from Only Cannoli (the “Agreement” ). Where the General Terms and Conditions refer to “Products”, the Showcases and Accessories are also meant. Any general terms and conditions of the Buyer do not apply.
- When purchasing one or more Showcases with Accessories you will receive a minimum of 200 and a maximum of 300 cannoli as a gift. This number depends on the type of Showcase you choose and is stated in the webshop with the specific Showcase. This means that you actually pay nothing for the Vitrine.
- The Showcases and Accessories are characteristic of the Only Cannoli appearance in terms of design and execution and contain (partly) the Only Cannoli brand. All intellectual property rights to the Showcases and the ONLY CANNOLI brand belong to Only Cannoli.
- You may only use the Display Cases and Accessories for the presentation and promotion of the cannoli and other edible products of Only Cannoli. You may not use it for the promotion/trading of third party products. You may not resell or otherwise make the Showcases and Accessories available to third parties without the prior written consent of Only Cannoli. You may also not change the appearance of the Showcases and Accessories and you may not remove or cover the ONLY CANNOLI brand that appears on them. For each violation of this article you owe an immediately payable fine to Only Cannoli of EUR 5,000.00 in words five thousand euros and € 1,000.00 per day up to a maximum of € 15,000.00 as long as the violation occurs. This does not affect Only Cannoli’s right to claim compliance with this Agreement as well as (additional) compensation.
- If you act contrary to article 4, you are immediately in default and Only Cannoli may dissolve the Agreement with immediate effect by written notification (including email). This means that you must immediately return the Display Cases and Accessories, at the option of Only Cannoli, to Only Cannoli when they collect them from you, or destroy them. You must email us a video of the destruction. You will not receive a refund of the purchase price, as the Showcase was actually free (see Article 2). If you refuse to return or destroy the Display Case and/or Accessories, you will owe Only Cannoli an immediately due and payable penalty of EUR 2,500.00 in words twenty-five hundred. This does not affect Only Cannoli’s right to claim compliance with this Agreement as well as (additional) compensation.
- If you stop selling Only Cannoli’s edible Products at any time, you may not use the Display Case and Accessories for third party products. You can then return the Showcases and Accessories to Only Cannoli or send proof of destruction by means of a video. You will receive EUR 50 ex VAT per Showcase, regardless of the type of Showcase.
- Dutch law applies to the Agreement and all agreements arising from it. Disputes arising from or related to the Agreement will be submitted exclusively to the competent court in Amsterdam.
Only Cannoli © September 2022