Article 1. SCOPE OF APPLICATION
These general terms and conditions apply without restriction to all sales concluded by the company GROSBUSCH S.A.

Article 2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
The customer confirms having taken note of these general terms and conditions upon delivery. A delivery note must be signed and handed to the supplier for this delivery, which constitutes acceptance of these general terms and conditions.

Article 3. PRODUCTS
The general terms and conditions apply to the ordering and delivery of products such as fresh fruit and vegetables and packaged fresh fruit and vegetables.

Article 4. PRICES
Product prices are quoted in euros and include all taxes. All orders, regardless of their origin, are payable in euros.
GROSBUSCH S.A. reserves the right to unilaterally change its prices at any time.
Products will be invoiced on the basis of the prices valid at the time of the order until delivery.
Unless otherwise agreed, all invoices are payable (in full) upon receipt of the invoice.
Any invoice not paid on time will automatically and without reminder carry a statutory interest rate of 9%.
In the event of non-payment or late payment, a flat rate of 40 euros is provided by law for internal collection costs.

Article 5. DELIVERY
GROSBUSCH S.A. undertakes to deliver the products ordered by the customer upon acceptance of an order. The customer undertakes to provide GROSBUSCH S.A. with a delivery address and a telephone number where they can be reached. The customer also undertakes to be present at delivery times.
The customer or the authorised person who receives the goods undertakes to sign the delivery note presented by the supplier.
If the customer or a person authorised to receive the goods is absent at the time of the delivery, the goods will be deposited and considered to be the property of the customer in accordance with the written agreement between GROSBUSCH S.A. and the customer.
GROSBUSCH S.A. cannot be held responsible for the impossibility of delivering the order in the event of an error in the contact details provided by the customer as regards surname, first name, telephone number, town, postcode, etc.
Any delays in delivery do not entitle the buyer to claim damages.

Article 6. RESERVATION ON RECEIPT OF GOODS
As these products are perishable, the customer must inspect and accept the goods upon delivery. Upon delivery, a delivery note must be signed and handed to the supplier. This signature constitutes acceptance of the goods.
The customer may only express reservations regarding the delivery of products if the delivery does not comply with the order. They must refuse the order to the supplier and state the reasons, which must be recorded on the delivery note.
Otherwise, the products are deemed to be in conformity with the contract and free from apparent defects, and no valid claim will be accepted by GROSBUSCH S.A.

Article 7. TRANSFER OF OWNERSHIP / PASSING OF RISK
The transfer of ownership of GROSBUSCH S.A. products to the customer occurs upon acceptance of the order by GROSBUSCH S.A., materialising the agreement of the parties on the goods and the price.
The passing of risk for loss or damage to the products of GROSBUSCH S.A. occurs upon delivery and receipt of said products by the customer.

Article 8. SUPPLIER'S LIABILITY / WARRANTY
The products supplied by GROSBUSCH S.A. are, in accordance with legal provisions, subject to a warranty against hidden defects resulting from a material, design or manufacturing fault that renders the products unusable.
Any warranty is excluded in the event of improper use, negligence, or lack of maintenance on the part of the customer.
The same applies to normal wear and tear or force majeure.
Force majeure is defined as events that are unforeseeable, irresistible, and external and which make it impossible to fulfil the sales agreement under the conditions agreed upon. Cases of force majeure include, in particular, war, riots, fire, floods, impossibility of obtaining supplies, total or partial strikes hampering the smooth running of GROSBUSCH S.A.'s business or that of one of its suppliers, subcontractors or transport companies, health problems, and the interruption of transport of energy supplies or raw materials. All such cases of force majeure constitute grounds for the suspension or termination of the obligations of GROSBUSCH S.A..
The company GROSBUSCH S.A. may not be held liable for non-fulfilment of the concluded contract if any of the aforementioned events occur.

Article 9. OBLIGATIONS / CUSTOMER'S RESPONSIBILITY
The customer is solely responsible for the selection of the products, their storage from the date of delivery, and their use.

Article 10. UNENFORCEABILITY
If any of these general terms and conditions are declared unenforceable or invalid for any reason, this shall not affect the application or validity of the other provisions of the general terms and conditions.
The invalidated provision shall then be replaced by the closest possible provision.

Article 11. APPLICABLE LAW AND JURISDICTION
These general terms and conditions are governed exclusively by Luxembourg law.
Unless agreement is reached between the parties, the Luxembourg courts shall have exclusive jurisdiction over any dispute or disagreement concerning them.