Terms and conditions

General Terms and Conditions Horecacentrum Curaçao

Horecacentrum Curaçao
Caracasbaaiweg Z/N
Willemstad, Curaçao

VAT number: 102677360
Email: info@horecacentrumcuracao.com
Phone: +599 9 514 7644
Website: www.horecacentrumcuracao.com

Version: 2026

Article 1 – General

  1. These general terms and conditions apply to every offer, quotation, order, and agreement between Horecacentrum Curaçao, hereinafter referred to as: “Horecacentrum Curaçao”, and the customer, hereinafter referred to as: “the Other Party”.
  2. By using the website, placing an order, accepting a quotation, or entering into an agreement with Horecacentrum Curaçao, the Other Party accepts these general terms and conditions.
  3. These conditions also apply to agreements for which Horecacentrum Curaçao uses third parties for execution.
  4. The applicability of any general purchasing or other conditions of the Other Party is expressly excluded, unless Horecacentrum Curaçao has accepted them in writing beforehand.
  5. If one or more provisions of these general terms and conditions prove to be wholly or partially void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect.
  6. In such a case, Horecacentrum Curaçao and the Other Party will consult to agree on a replacement provision that aligns as closely as possible with the purpose and intent of the original provision.
  7. If a situation arises that is not regulated in these general terms and conditions, it shall be assessed according to the spirit and intent of these conditions.
  8. If Horecacentrum Curaçao does not always demand strict compliance with these conditions, this does not mean that Horecacentrum Curaçao waives the right to demand full compliance at a later time.

Article 2 – Quotations and offers

  1. All quotations, price estimates, and offers from Horecacentrum Curaçao are without obligation, unless expressly stated otherwise in writing.
  2. A quotation or offer expires if the product in question is no longer available or if the validity period of the quotation has expired.
  3. Horecacentrum Curaçao cannot be held to a quotation or offer if the Other Party could reasonably have understood that there was an obvious error, mistake, or clerical error.
  4. Prices are displayed in the currency stated on the website, quotation, or invoice.
  5. Taxes, transport costs, import duties, administrative costs, and other additional costs are only included if explicitly indicated.
  6. If the acceptance of a quotation deviates from the original offer, Horecacentrum Curaçao is not bound by this deviating acceptance.
  7. A composite price estimate does not oblige Horecacentrum Curaçao to deliver a portion of the order at a proportional part of the stated price.
  8. Quotations and offers apply exclusively to the specific order and not automatically to future orders.

Article 3 – Agreement, delivery terms, and changes

  1. An agreement is established as soon as:
    • the order has been confirmed by Horecacentrum Curaçao;
    • a quotation has been accepted in writing; or
    • Horecacentrum Curaçao actually gives execution to the order.
  2. Stated delivery terms are indicative and do not count as a strict deadline, unless expressly agreed otherwise in writing.
  3. Delay in delivery does not automatically entitle the Other Party to compensation, cancellation, or dissolution of the agreement.
  4. Horecacentrum Curaçao is entitled to have the agreement executed in whole or in part by third parties.
  5. Horecacentrum Curaçao is entitled to deliver orders in parts and invoice them separately.
  6. If Horecacentrum Curaçao requires data, instructions, or cooperation from the Other Party for the execution of the agreement, any delivery term only begins after all necessary information has been fully received.
  7. If the agreement must be changed or supplemented, this may have consequences for the price and the delivery time.
  8. Horecacentrum Curaçao is not obliged to accept a change to an order.
  9. If costs for Horecacentrum Curaçao increase as a result of changed circumstances, transport costs, import duties, supplier prices, taxes, or other external factors, Horecacentrum Curaçao is entitled to pass these costs on insofar as this is reasonable and permitted.

Article 4 – Suspension, dissolution, and cancellation

  1. Horecacentrum Curaçao is entitled to suspend its obligations or dissolve the agreement in whole or in part if:
    • the Other Party does not fulfill its obligations, or does not fulfill them fully or on time;
    • there are grounded reasons to suspect that the Other Party will not fulfill its obligations;
    • an agreed payment or provision of security is not forthcoming;
    • execution of the agreement can no longer reasonably be required of Horecacentrum Curaçao.
  2. If the agreement is dissolved as a result of a shortcoming by the Other Party, Horecacentrum Curaçao is entitled to recover all resulting damages and costs.
  3. If an order is cancelled in whole or in part after Horecacentrum Curaçao has already incurred costs or has ordered, produced, reserved, or prepared products, these costs may be charged in full to the Other Party.
  4. Specially ordered, custom-made, or specially configured products cannot, in principle, be cancelled free of charge.
  5. Amounts already invoiced become immediately due upon dissolution, insofar as this is legally permitted.

Article 5 – Force Majeure

  1. Horecacentrum Curaçao is not bound to fulfill its obligations if it is prevented by circumstances beyond its reasonable influence.
  2. Force majeure includes, among other things:
    • natural disasters;
    • fire;
    • storms or extreme weather conditions;
    • strikes;
    • war or political unrest;
    • pandemics;
    • disruptions in transport or logistics;
    • delays at suppliers;
    • problems with sea or air transport;
    • government measures;
    • disruptions in energy supplies;
    • import restrictions;
    • other circumstances over which Horecacentrum Curaçao has no reasonable influence.
  3. During a situation of force majeure, Horecacentrum Curaçao is entitled to suspend the execution of the agreement.
  4. If the force majeure situation persists for a long period, parties may terminate the agreement in whole or in part, without obligation for compensation.
  5. If Horecacentrum Curaçao has already partially delivered, it is entitled to invoice this part separately.

Article 6 – Payment

  1. Payment must be made according to the payment terms stated during the ordering process, in the quotation, or on the invoice.
  2. Horecacentrum Curaçao is entitled to require full or partial advance payment.
  3. Products do not have to be delivered before full payment is received, unless otherwise agreed in writing.
  4. If the Other Party does not pay on time, Horecacentrum Curaçao is entitled to suspend execution or delivery.
  5. Objections to an invoice do not suspend the payment obligation.
  6. All reasonable costs incurred by Horecacentrum Curaçao to collect outstanding amounts may be charged to the Other Party.
  7. Payments are first applied to costs and interest and then to the oldest outstanding principal amount.

Article 7 – Retention of title

  1. All delivered products remain the property of Horecacentrum Curaçao until the Other Party has fully met all payment obligations.
  2. As long as ownership has not passed, the Other Party may not pledge the products, encumber them, or provide them as security to third parties.
  3. If third parties seize products subject to retention of title, the Other Party must immediately inform Horecacentrum Curaçao.
  4. The Other Party must treat products subject to retention of title with care and, where reasonably possible, insure them adequately.
  5. If the Other Party does not fulfill its payment obligations, Horecacentrum Curaçao is entitled to take back the products in question, insofar as this is legally permitted.

Article 8 – Warranty, inspection, and complaints

  1. Horecacentrum Curaçao offers a carry-in warranty period of at least three months on appliances, unless a different warranty period is stated in writing or on the product page for a specific product.
  2. Carry-in warranty means that the customer is responsible for delivering or shipping the appliance to Horecacentrum Curaçao.
  3. The warranty covers defects arising from:
    • normal and correct use;
    • material or manufacturing defects.
  4. The warranty generally does not cover:
    • damage due to incorrect or improper use;
    • user damage;
    • normal wear and tear;
    • damage due to insufficient maintenance;
    • damage due to incorrect installation or connection;
    • damage due to external causes;
    • damage due to modifications or repairs by unauthorized third parties.
  5. Transport costs for bringing or shipping equipment to Horecacentrum Curaçao and any return transport costs are for the customer’s account, unless otherwise agreed in writing.
  6. Outside the warranty period, repair costs may be charged. Prior to a paid repair, a cost estimate will be provided where possible.
  7. If the customer decides not to have a repair carried out, inspection costs may be charged. The inspection costs stated on the website currently amount to Cg 49.50, unless communicated otherwise in advance.
  8. Inspection costs may also be due if:
    • no defect is found;
    • the defect is not reproducible;
    • the product is no longer economically or technically repairable.
  9. The Other Party must check products as soon as possible after receipt.
  10. Transport damage or visible defects must be reported to Horecacentrum Curaçao immediately after receipt.
  11. A complaint can be reported via info@horecacentrumcuracao.com.
  12. A warranty claim does not entitle the Other Party to suspend payments, unless mandatory law stipulates otherwise.
  13. If a product is rightfully covered by the warranty, Horecacentrum Curaçao determines, insofar as legally permitted, whether the product will be repaired, replaced, or compensated in another reasonable manner.

Article 9 – Returns

9.1 General conditions for return

  1. A return must be registered in advance with Horecacentrum Curaçao via:

info@horecacentrumcuracao.com

  1. When requesting a return, the customer should, as far as possible, state the following details:
    • order number;
    • invoice number;
    • name of the product;
    • reason for return.
  2. Products should, as far as reasonably possible:
    • be complete;
    • be unused;
    • be undamaged;
    • and preferably be returned in the original packaging.

to be returned.

  1. Return costs are, in principle, for the customer’s account.
  2. Electronic components, used parts, and used accessories may be excluded from return.
  3. Horecacentrum Curaçao is entitled to refuse a return if the return conditions are not met.

9.2 Private customers

  1. For private customers, insofar as legally applicable, a cooling-off period of 14 days after receipt of the product applies.
  2. Only unused products can be returned.
  3. Products that are damaged, used, or incomplete may be refused or lead to a reduction in the amount to be refunded.
  4. Shipping costs of the original order are not automatically reimbursed, unless mandatory law stipulates otherwise.
  5. Orders where the customer has ordered the wrong size, dimension, or version themselves do not automatically constitute a valid reason for a free return.

9.3 Business customers

  1. Business customers have a return period of 14 days after receipt, provided the product is unused, complete, and in good condition.
  2. Upon acceptance of a business return, Horecacentrum Curaçao may charge a restocking fee of 30% of the purchase price.
  3. Return costs and original shipping costs are for the business customer’s account.
  4. Horecacentrum Curaçao may refuse products if they were specially ordered, have been used, or can no longer be sold as new.

Article 10 – Liability

  1. Horecacentrum Curaçao is exclusively liable for direct damage resulting directly from an attributable shortcoming of Horecacentrum Curaçao.
  2. Direct damage is exclusively understood to mean:
    • reasonable costs for determining the cause and extent of the damage;
    • reasonable costs to repair a defective performance;
    • reasonable costs to prevent or limit direct damage.
  3. Horecacentrum Curaçao is not liable for indirect damage, including:
    • consequential damage;
    • loss of turnover;
    • loss of profit;
    • business interruption;
    • missed savings;
    • damage due to the temporary inability to use equipment.
  4. If Horecacentrum Curaçao is liable, this liability is limited to a maximum of the amount of the invoice in question or the part of the order to which the liability relates.
  5. The Other Party is responsible for checking whether a product is suitable for the intended use, the available electrical connection, the correct voltage, and any local installation requirements.
  6. Advice from Horecacentrum Curaçao does not release the customer from their own responsibility to assess the suitability of a product for the specific situation.
  7. The limitations in this article do not apply insofar as limitation of liability is not legally permitted.

Article 11 – Limitation period

  1. Claims and demands against Horecacentrum Curaçao must be reported within a reasonable period after discovery of the event in question.
  2. Insofar as legally permitted, claims expire if they are not reported in writing to Horecacentrum Curaçao within one year after the claim arose.

Article 12 – Transfer of risk

  1. The risk of loss, damage, or depreciation of products passes to the Other Party at the moment of delivery or, if applicable, at the moment the products are handed over to the carrier, insofar as legally permitted.
  2. If the Other Party arranges transport themselves or designates a carrier, the risk passes at the moment the products are handed over to the Other Party or the designated carrier.
  3. For international shipping, additional transport, customs, and import conditions may apply.

Article 13 – Indemnification

  1. The Other Party indemnifies Horecacentrum Curaçao against claims from third parties arising from the use of the delivered products, insofar as the damage is not the result of a shortcoming by Horecacentrum Curaçao.
  2. If Horecacentrum Curaçao is held liable by third parties due to circumstances for which the Other Party is responsible, the Other Party must provide Horecacentrum Curaçao with all reasonable support.

Article 14 – Intellectual property

  1. All intellectual property rights regarding the website, texts, images, product information, logos, designs, and other materials of Horecacentrum Curaçao remain the property of Horecacentrum Curaçao or its licensors.
  2. It is not permitted to copy, publish, distribute, or commercially use materials from the website without prior written permission from Horecacentrum Curaçao.
  3. Product images and technical data may originate from manufacturers and suppliers. Obvious changes, printing errors, and technical modifications reserved.

Article 15 – Applicable law and disputes

  1. The law of Curaçao applies to agreements between Horecacentrum Curaçao and the Other Party, unless mandatory law stipulates otherwise.
  2. Parties will first attempt to resolve disputes through mutual consultation.
  3. If a dispute cannot be resolved through mutual consultation, the dispute shall be submitted to the competent court in Curaçao, unless mandatory law stipulates otherwise.

Article 16 – Delivery and transport

  1. Horecacentrum Curaçao delivers orders in Curaçao and may, depending on the destination and the nature of the order, also offer international shipping.
  2. For deliveries outside Curaçao, additional transport costs, import duties, taxes, and other costs may apply. These costs are, unless otherwise agreed in writing, for the customer’s account.
  3. Delivery costs may vary per product or order and will, where possible, be communicated in advance.
  4. Delivery takes place at the agreed delivery address.
  5. The customer is responsible for good accessibility and reachability of the delivery location.
  6. Unless expressly agreed otherwise, delivery only concerns the dropping off of the product, and installation, assembly, connection, and placement are not included.
  7. If delivery is not possible due to a cause attributable to the customer, extra transport, storage, and delivery costs may be charged.
  8. Products ready for collection must be picked up within a reasonable period.
  9. If a customer does not pick up or take receipt of a product despite repeated requests, Horecacentrum Curaçao is entitled to charge reasonable storage costs and, insofar as legally permitted, terminate the agreement in whole or in part.
  10. For international deliveries, the customer is responsible for providing correct data necessary for transport and customs clearance.
  11. Please note! We deliver to the door. Ensure that there are enough people present on-site to accept the delivery.

Article 17 – Website, product information, and final provisions

  1. Horecacentrum Curaçao takes great care in the accuracy of product information on the website.
  2. Obvious errors, price errors, typos, images that serve only as illustrations, and technical changes do not entitle the customer to delivery at an obviously incorrect price or specification.
  3. Manufacturers may change specifications, versions, colors, materials, and technical properties without prior notice.
  4. Images on the website may deviate from the actual product delivered.
  5. Horecacentrum Curaçao is entitled to change these general terms and conditions.
  6. The most current version of the general terms and conditions is published at:

www.horecacentrumcuracao.com/algemene-voorwaarden/

  1. In principle, the version of the general terms and conditions that applied at the moment of placing the order or entering into the agreement applies to agreements.
  2. If these conditions are available in multiple languages, the Dutch version shall prevail in case of differences in interpretation, unless otherwise determined in writing.

Contact details

Horecacentrum Curaçao
Caracasbaaiweg Z/N
Willemstad, Curaçao

VAT: 102677360
Email: info@horecacentrumcuracao.com
Phone: +599 9 514 7644

Website: www.horecacentrumcuracao.com

These general terms and conditions apply to agreements concluded with Horecacentrum Curaçao.