1. Who we are and to whom these terms apply
Mokhles Food B.V. is located at Kanaalstraat 289, 7547 AS Enschede, the Netherlands and registered with the Chamber of Commerce (KvK) under number 99003767. You can reach us at info@mokhlesfood.com or +31 6 15646643.
By customer we mean a business or person acting in the course of a trade or profession. These terms are not intended as consumer terms.
The terms apply if they were declared applicable before the contract was concluded and the customer was given the opportunity to read and keep them. Specific written agreements take precedence in case of conflict. The version belonging to the contract continues to apply to it; a later change to the website does not change existing agreements by itself.
2. Applications, quotations and product information
An application for customer access is not yet an accepted order or a contract for delivery. Mokhles Food reviews the application and informs the applicant about access and any arrangements.
Products, quantities, units, prices, VAT, any delivery costs and the validity of a quotation are stated in the offer or order agreement. Where something is unclear, the parties ask for clarification before confirmation. Images may be illustrative; the specific product specifications and the agreed description determine what is delivered.
An obvious error is reported as soon as possible. This does not give Mokhles Food a general right to change prices or products already agreed unilaterally.
3. Ordering and formation of the contract
Business orders can be placed through the ordering app or through a contact channel agreed with Mokhles Food.
A contract is formed when Mokhles Food accepts the order. A technical receipt message is only an acceptance if it says so clearly. The customer checks the order shown and the confirmation for quantities, units, delivery address and price, among other things, and reports discrepancies as soon as possible.
If an order in the app does not result in a clear confirmation, the customer first checks the order history or contacts us before placing the same order again. Mokhles Food investigates a possible duplicate order; a technical fault does not by itself lead to two deliveries.
4. Account and authorised use
The customer ensures that only authorised persons have access to its business account and that contact and delivery details are up to date. Personal login details are not shared. The customer reports suspected misuse or loss of access as soon as possible.
An account is a tool for the services. Deleting a personal app account does not automatically end the business relationship, orders already accepted or existing payment obligations. Conversely, an outstanding invoice is in itself no reason to postpone a personal deletion request indefinitely.
5. Prices and payment
The applicable price, VAT and any additional costs are made known before acceptance. Payment is made by bank transfer to the account number stated on the invoice. The payment term is stated on the invoice that Mokhles Food sends. No other term is added afterwards without a valid agreement.
If the customer has a question about an invoice, it contacts Mokhles Food in good time. The parties discuss which items are disputed and how the other obligations will be met. Interest, collection costs, suspension and other consequences of late payment are governed by statutory rules and validly agreed arrangements.
An automatic reminder is not in itself proof of a correct payment status. Report a payment that has not yet been processed or an incorrect reminder so that the administration can be checked.
6. Stock, changes and cancellation
Displayed stock or expected availability is not a separate delivery guarantee unless expressly agreed. If an ordered product is not available, or not in time, Mokhles Food discusses the consequences and a suitable solution with the customer.
A materially different product, a different price or a relevant change in product specifications is not delivered as a replacement without agreement. A change to or cancellation of an accepted order is recorded by mutual agreement. Any costs follow from a valid agreement or the law; these terms contain no fixed cancellation fee.
7. Delivery, collection and receipt
Delivery address, collection or delivery, any costs and the schedule are determined per order or in a separate delivery agreement. Mokhles Food reports expected delays as soon as they are known. A latest delivery date only applies if expressly agreed.
The customer provides an accessible delivery point and someone who can receive the delivery. In case of absence or a problem with the address, the parties make a new arrangement; demonstrable extra costs are only borne by the customer insofar as that is lawful.
On receipt the customer checks quantities, packaging, visible damage and, where relevant, temperature and shelf life. Report visible discrepancies as soon as possible. Signing for receipt does not automatically exclude a defect that was not visible and is discovered later.
The moment at which risk and ownership pass follows from the contract and the law. These terms add no retention of title or early transfer of risk that has not been agreed.
8. Food safety, allergens and traceability
The parties comply with the food safety rules that apply to their activities. The customer follows the correct storage, transport, preparation and use instructions and prevents a necessary cold chain from being interrupted after receipt or collection.
Labels and current, confirmed product specifications contain information on ingredients, allergens and shelf life, among other things. A general description on the website or in the app does not replace this information. If information is missing or contradictory, the customer makes contact before use or onward supply. This does not limit Mokhles Food’s own statutory information obligations.
In case of a product suspected to be unsafe, the customer makes contact immediately, keeps the products concerned separate and does not use or supply them further while their safety is uncertain. The parties keep relevant batch and delivery data and cooperate in a necessary traceability check or recall. Obligations to inform a supervisory authority continue to apply in full.
9. Complaints and returns
A shortage, damage or quality problem is reported within a reasonable time after discovery. Where possible, state the order number, product, quantity, batch number and a description or relevant photos. Mokhles Food investigates the complaint and agrees the next step with the customer.
Do not return products without prior consultation. Where safe and reasonable, store the goods concerned in the prescribed way until it is clear whether investigation or return is needed. Destruction for safety reasons and necessary reports to authorities are not prevented by a consent requirement.
The solution depends on the complaint, the contract and the law. It may be, for example, a supplementary delivery, replacement, price adjustment or refund. For business purchases there is no automatic consumer right to withdraw within fourteen days without giving a reason. Statutory rights in case of defective delivery remain.
10. Use and availability of the app
Mokhles Food aims for a usable and secure app. Temporary interruptions may occur due to maintenance, faults or lack of connection. If an order is unclear or a question is urgent, contact us through the agreed channel.
The app is a tool for ordering and administration. Data that is not current or available is not presented as certain. A fault or a deviating status does not automatically change a valid order or payment.
11. Liability and force majeure
Damage caused by a failure to perform is governed by statutory rules and validly agreed arrangements. The parties take reasonable measures to prevent or limit damage. These terms set no general liability cap and do not categorically exclude liability.
In case of an impediment beyond a party’s reasonable control, the parties inform each other and discuss the consequences for delivery and possible solutions. Whether there is force majeure and which rights follow from it is determined by the law and the specific circumstances. Mandatory statutory rights are preserved.
12. Personal data and communication
Our privacy statement applies to personal data. Data for the statutory administration is not automatically erased when a user account ends. Consent to optional statistics is not a condition for an order.
Keep the quotation, order confirmation and the applicable terms. You can save or print this page through your browser and request a copy of the terms from info@mokhlesfood.com.
13. Law, disputes and changes
Dutch law applies to the contract, unless mandatory law provides otherwise. In case of a dispute, the parties first try to reach a solution through consultation. If that fails, the court competent by law has jurisdiction.
If a provision proves invalid, the other provisions continue to apply as far as possible. Where needed, the parties discuss a valid replacement that matches the purpose, without removing statutory protection.
A new version may apply to new contracts after it has been made available in good time. Existing contracts are not changed unilaterally merely by updating this page.