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Terms and Conditions

The general terms and conditions of Cati Gómez apply to all our offers and agreements as filed with the Chamber of Commerce in Rotterdam.

General Terms and Conditions of the company Cati Gómez and trade names:

Cati Gómez | Cortadora de Jamon|Cortadora Professional | The Ham & Wine Experience | The Ham Academy | The Ham Experience | Wine & Jamon

Article 1. Definitions

1.1 Applicability:

In these General Terms and Conditions the following definitions apply: Cati Gómez: The company name “Cati Gómez”, and trade names |Cortadora de Jamón |Cortadora Profesional | The Ham & Wine Experience | The Ham Academy | The Ham Experience | Wine & Jamon |

The company name Cati Gómez and trade names Cortadora de Jamón|Cortadora Profesional | The Ham & Wine Experience | The Ham Academy | The Ham Experience | Wine & Jamon | are further referred to in these General Terms and Conditions under one denominator, namely: Cati Gomez. The denominator “Cati Gomez” therefore applies to all company names and trade names.

In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise or the context indicates otherwise:

  • a. Cati Gomez the user of these general terms and conditions; Cati Gomez, located at Jan Sluytersstraat 17, 3351JL in Papendrecht, registered with the Chamber of Commerce with Chamber of Commerce number 92511104 and branch no. 000047316403

  • b. customer and/or participant: any natural person or legal entity,

who enters into an agreement with Cati Gomez for a definite or indefinite period of time, or who has received a quote/offer from Cati Gomez or with whom Cati Gomez has a legal relationship or for whom Cati Gomez performs any legal act;

c. agreement: the agreement between Cati Gomez and the customer and/or participant.

Cati Gómez Escudero,: Person appointed by Cati Gomez as owner and manager for a fixed or indefinite period of time to provide advice, instructions, demos, courses, training, information about Spanish products, Spanish Ham, wine or sherry and with this appointment is (jointly) responsible for carrying out managerial and coordinating actions during and around activities. Participant: Any person who enters into an agreement with Cati Gomez for a definite or indefinite period of time and/or participates in one or more activities.

Article 2. General

2.1. These general terms and conditions apply to all quotations, offers and agreements regarding the provision of deliveries and/or services and/or work by Cati Gomez to the customer and furthermore to all (other) legal acts between Cati Gomez and the customer, including negotiation situations and other pre-contractual situations.

2.2 If both the customer and Cati Gomez apply general terms and conditions, only these general terms and conditions of Cati Gomez apply. Cati Gomez expressly rejects the general terms and conditions declared applicable by the customer and has therefore never accepted them. If Cati Gomez makes the second reference to general terms and conditions within the meaning of art. 6:225 paragraph 3 of the Dutch Civil Code, if the customer objects to the general terms and conditions of Cati Gomez, he must immediately but no later than before delivery, or, if delivery takes place later than within one hour after receipt of that reference, no later than objected to this to Cati Gomez within that hour

failure to do so, as a result of this communication, Cati Gomez's general terms and conditions will apply.

2.3 If Cati Gomez does not always require strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply, or that Cati Gomez would in any way lose the right to demand strict compliance with the provisions of these terms and conditions in other cases. to desire.

2.4 Stipulations deviating from these conditions are only effective if and insofar as the parties have expressly agreed in writing or by e-mail.

2.5 If one or more provisions in these general terms and conditions are wholly or partially null and void or annulled at any time, the remainder of these general terms and conditions will remain fully applicable. The parties will then enter into consultations in order to agree on new provisions to replace the void provisions, whereby the purpose and intent of the original provisions are taken into account as much as possible.

2.6 Cati Gomez cannot be bound by actual acts, legal acts and/or oral or written agreements of persons who are not authorized to represent her, unless the legal acts/agreements have been confirmed in writing by authorized persons or by herself.

Article 3. Offers and quotations

3.1 Every quotation from Cati Gomez is without obligation. Every quotation, unless stated otherwise in writing, is based on execution under normal circumstances and on information, data, documents, etc. provided by the customer. The customer guarantees the accuracy and completeness of the requirements and specifications provided by or on behalf of him to Cati Gomez and other information on which Cati Gomez bases its offer.

3.2 The quotations/offers and other documents provided by Cati Gomez to the customer may not be submitted without the permission of Cati Gomez.

be reproduced or made available to third parties.

3.3 Cati Gomez cannot be held to its quotations or offers if the customer can reasonably understand that the quotations or offers, or any part thereof, contain an obvious mistake or error.

3.4 Offers or quotations do not automatically apply to future agreements.

Article 4. Agreement and transfer of risk

4.1 The agreement is concluded after the customer has accepted Cati Gomez's offer.

4.2 The risk of the delivered item(s) passes to the customer at the time at which it is/are legally and/or actually delivered to the customer and thus falls under the control of the customer or a third party designated by the customer. or, in the event that the customer is in default of performing an action by which he/she must cooperate in the delivery, from the time at which the customer is in default. Whether or not ownership has been transferred through delivery is not relevant.

Article 5. Cancellation

5.1. In the event that the customer cancels an order or terminates the agreement prematurely (and that premature termination is not impossible according to Article 7:411 paragraph 2 of the Dutch Civil Code), the customer will pay all costs already incurred by Cati Gomez in the context of the agreement. have to reimburse costs and have to reimburse a reasonable part of the agreed salary, with the upper limit being the full agreed salary.

5.2. The above-mentioned cost arrangement does not affect the customer's in principle existing liability for damage resulting from the cancellation or premature termination, including lost profits.

5.3 If there is an agreement Cati Gómez, Cortadora

Profesional de Jamón must process a product (for example, professionally cutting a ham) and the customer himself supplies the product and therefore the product has not been delivered by Cati Gómez, if during the execution of the agreement it appears that the product has properties that, in the opinion of Cati Gómez, make the product unsuitable for consumption (such as an unusual smell or taste), obliges the customer to pay the full agreed price to Cati Gomez; the circumstance that Cati Gómez cannot perform its service due to the aforementioned circumstance lies entirely within the customer's sphere of risk and Cati Gomez - should not suffer any disadvantage from this. Cati Gomez can nevertheless accommodate the customer somewhat out of goodwill, but this is not obligatory. If the customer is a consumer, according to art. 7:411 paragraph 2 of the Dutch Civil Code that Cati Gomez is entitled to the full salary, because the end of the agreement is fully attributable to the customer and payment of the full salary is reasonable; After all, the customer should have checked whether the product was suitable for her to process before Cati Gómez's arrival at the place of execution of the agreement. This inspection obligation also includes that the customer should have arranged for the product to arrive at his/her home at such a time that there was an opportunity for that inspection.

5.4 The judgment of Cati Gómez referred to in paragraph 3 is binding and the customer accepts without reservation that that judgment is binding. After all, Cati Gómez is a professional, a Cortadora profesional de Jamón. A Cortadora profesional de Jamón is able to assess the product and, as soon as she has noticed that the product has properties that, in the opinion of Cortadora profesional de Jamón Cati Gómez, do not make the product suitable for consumption, has a professional duty not to participate to work on consuming the product.

Article 6. Prices

6.1. All prices mentioned are exclusive of VAT.

Article 7. Payment

7.1 The customer must pay 25 % of the agreed price as a down payment

payment no later than 15 days before execution of the agreement, unless a higher percentage down payment has been stipulated, in which case that higher percentage applies. If the agreement is concluded less than 15 days before execution of the agreement, the customer must pay the down payment no later than one day after the conclusion of the agreement, but in any case before execution of the agreement. Execution of the agreement refers to the agreed delivery by Cati Gomez and/or the agreed services/activities of Cati Gomez towards the customer and/or the person(s) for whom the customer has intended those services/activities (for example a course or workshop).

7.2 If a deposit is not received on time, Cati Gomez has the right to cancel the order immediately and refuse execution of the agreement, without being in default. If the customer does not pay a deposit on time, this is equivalent to a cancellation by the customer or premature termination of the customer and Articles 5.1 and 5.2 (therefore) apply (mutually). The customer cannot avoid the effect of those items by not paying the deposit on time instead of canceling/terminating prematurely.

7.3 The customer must pay the invoice(s) received from Cati Gomez within 14 days after the invoice date, unless a different payment term has been agreed in writing. A down payment received will be stated in the invoice and offset against the total amount due under the agreement; the invoice then states the remaining amount to be paid. If it is agreed that a separate invoice will be drawn up for the down payment, that invoice will be included in the main invoice and offset against the total amount due under the agreement, even if that invoice has not (yet) been paid; in the latter case, the customer must of course still pay both invoices.

7.4 If the customer fails to pay within the agreed payment term, the customer is legally in default. In that case, the customer owes interest from the day on which the default occurred until the time of payment. For customers who are consumers (natural person not acting in the exercise of a profession or

company) the statutory interest rate applies (Article 6:120 paragraph 1 of the Dutch Civil Code), for other customers the statutory commercial interest rate applies (Article 6:120 paragraph 2 of the Dutch Civil Code).

7.5 If the customer is in default, Cati Gomez will send a free reminder to the customer in which the customer is summoned to pay no later than 18 days after the date of the reminder letter and in which it is stated that in the absence of this the customer will owe extrajudicial collection costs; it also indicates the amount of that

Extrajudicial collection costs in that case. That height is determined as follows:

15% of the amount of the principal amount of the claim on the first 2500 of the claim, but minimum 40.00 (if 15% up to a lower amount than 40.00 would lead);

10% of the amount of the principal amount of the claim over the following 2500 of the claim;

5% of the amount of the principal amount of the claim over the following 5000 of the claim;

1% of the amount of the principal amount of the claim over the following 190,000 of the claim;

0.5% on the excess of the principal amount with a maximum of 6775.

7.6 After extrajudicial collection costs have become due, Cati Gomez will perform at least one more collection action before commencing legal proceedings. During this collection action, the customer is summoned to pay the amount due, including extrajudicial collection costs and interest.

7.7 Every payment by the customer first serves to settle the extrajudicial collection costs and/or the legal costs, then to pay the interest and only then to pay the outstanding principal amount, unless the customer explicitly indicates with a payment description for which ( partial claim for payment

is intended. If the amount of the principal sum/invoice amount is paid, that payment does not count as a payment that is explicitly indicated as being intended for the principal sum/invoice amount.

Article 8. Retention of title

8.1 All products delivered and to be delivered remain the sole property of Cati Gomez until all claims that Cati Gomez has or will have on the customer have been paid in full.

8.2 As long as ownership of the products has not been transferred to the customer, the customer may not pledge the products or grant any other right to them to third parties. The customer is only permitted to resell the products in the context of his normal business operations. If the customer violates these rules, Cati Gomez has the right to take back or have them taken back from the place(s) where they were delivered, without any authorization from the customer or the court being required. goods are located and to enter that location(s). In that case, every claim of Cati Gomez is also immediately due and payable in full.

8.3. The customer is obliged to store the products delivered under retention of title with due care and as recognizable property of Cati Gomez.

8.4 Cati Gómez is entitled to take back the products that have been delivered under retention of title and are still with the customer, if the customer is in default regarding his payment obligations. The customer will at all times grant Cati Gómez free access to its site(s) and/or building(s) for the purpose of inspecting the products and/or exercising the rights of Cati Gómez.

8.5 After taking back Cati Gómez has the right to either retain the products until the amount owed, including interest, costs and any damages, has been paid in full, or, in the event of termination of the agreement, to sell the products to third parties, in in which case the net proceeds will be deducted from the total owed by the customer.

8.6 If one or more third parties seize the products delivered under retention of title or wish to assert rights thereto, the customer is obliged to immediately inform Cati Gómez thereof, on penalty of a fine equal to the sales price of those products if the customer does not meet that obligation.

Article 9. Information and advice

9.1 Information about processing and application options of Cati Gómez products, advice, guidelines, instructions and further data, unless expressly agreed otherwise in writing or via e-mail, will always be provided to the best of our knowledge and/or insight, but without obligation. . The customer cannot derive any rights from this and Cati Gómez cannot be held liable for any damage that may result directly or indirectly from this.

Article 10. Liability and forfeiture of rights

10.1 Cati Gómez cannot be held to compensate any damage that is a direct or indirect result of:

a. an event that is in fact beyond its control and therefore cannot be attributed to its actions and/or omissions.

b. any act or omission of the customer, his subordinates, or other persons employed by or on behalf of the customer or otherwise induced to be present during the performance of work by Cati Gómez (for example a workshop or course).

10.2 Cati Gómez is not liable for damage of any nature whatsoever because Cati Gómez relied on incorrect and/or incomplete information provided by the customer.

10.3 Cati Gómez is not liable for damage that the customer suffers because the customer does not properly store, store, process, package or transport the products, as a result of which the products may spoil or other damage to the products may occur.

10.4 Cati Gomez accepts in case of consumption of the products after the

expiration date no liability whatsoever.

10.5 The customer guarantees that products will no longer be processed, consumed or resold after the expiry date. The customer expressly indemnifies Cati Gomez against claims from third parties arising from damage resulting from consuming the products after the expiry date.

10.6 Cati Gomez will not be obliged to pay any compensation, except in the case of damage that is the result of gross negligence or intent on the part of Cati Gomez. Cati Gomez will never be obliged to pay compensation for consequential damage. Consequential damage includes lost turnover, lost profit, lost savings, production damage, business damage, stagnation damage and indirect damage.

10.7 If Cati Gomez is legally obliged to pay compensation for any damage, then Cati Gomez's liability is limited to the amount equal to the agreed price for the execution of (the part of) the agreement in the context of which the damage occurred. arise, or, in the case of insurance, to the amount of the payment made by Cati Gomez's insurer, if that amount is higher than the agreed price.

10.8 Except in the case of gross negligence or intent on the part of Cati Gomez, the customer will indemnify Cati Gomez against claims from (one or more) third parties for compensation for damage related to the products and/or services supplied by Cati Gomez.

10.9 Claim rights and other powers of the customer on whatever grounds against Cati Gómez will in any case lapse after the expiry of 1 year from the moment at which those claim rights or powers arose.

Article 11. Complaints

11.1 The customer is obliged to check the delivered products and packaging immediately upon delivery, or to have this check carried out. The

the customer must in particular check: a. whether the (correct) products have been delivered;

b. whether the products meet the quality requirements, the temperature requirements, the hygiene standards, or at least the requirements that may be imposed for normal use.

11.2 The customer can no longer rely on it if the delivered product does not comply with the agreement if he has not informed Cati Gómez within a reasonable time after the inspection or the time at which he should have carried out the inspection. If the customer is not a consumer, a period of 8 days is considered reasonable time. The customer is obliged to do so. to give Cati Gómez the opportunity to check the advertisement(s). The fact that Cati Gómez investigates an advertisement does not imply that Cati Gómez acknowledges any liability. If the customer does not give Cati Gómez the opportunity to check the complaint, reasonableness and fairness prevent the customer from being able to (still) rely on the fact that the delivered product does not comply with the agreement.

11.3 If a product is defective or is not the correct product and the customer has complained in a timely manner, the customer will, at his option, deliver a replacement product or credit the price for the product in question. The customer must give Cati Gomez the opportunity to deliver a replacement product, unless Cati Gomez. has indicated its choice for credit in writing. If the customer does not give Cati Gomez the opportunity to do so within 8 days after the day of the complaint, the customer can no longer rely on the fact that the product does not comply with the agreement. An attempt to make an appointment for replacement within a reasonable period of time will be considered as giving Cati Gomez the opportunity to replace.

11.4 A defect in a product or the delivery of an incorrect product does not give the customer the right to refuse the entire order of which the product forms part.

11.5 Complaints do not suspend the customer's payment obligation.

11.6. The right to complain expires if the customer has processed the delivered product or delivered it to a third party.

Article 12. Dissolution and suspension

12.1 If the customer's goods are seized, the customer applies for a suspension of payments, is declared bankrupt or otherwise loses free disposal of his assets, or in the event of closure or liquidation of the customer's company, Cati Gomez has the right to suspend (further) performance of all agreements concluded with the customer, or to dissolve these agreements in whole or in part, without prejudice to Cati Gomez's right to compensation. If Cati Gomez exercises her aforementioned right, she will not be obliged to pay any compensation.

12.2 If the customer fails to fulfill any of his obligations towards Cati Gómez or Cati Gómez fears that the customer will not fulfill his obligations and the customer is unable to provide Cati Gómez with adequate security for the fulfillment of his obligations upon first request, Cati Gómez has the right to dissolve the agreement(s) in whole or in part, without prejudice to Cati Gómez's right to compensation. If Cati Gómez exercises its aforementioned right, it will not be obliged to pay any compensation.

12.3. If an event occurs as referred to in paragraph 1 and/or 2 of this article, all claims of Cati Gómez on the customer are immediately and fully due and payable.

Article 13. Force majeure

13.1 Cati Gómez is not obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure. Events that are in fact beyond the control of Cati Gómez or cannot be attributed to her are in any case considered to be: obstacles by third parties, including those of governments; barriers to transportation, such as extreme weather conditions; diseases, viruses or

epidemics among pigs; full or partial strikes; riots, both in the Netherlands and in the countries of origin of the products; loss or damage to products during transport; failure or failure to deliver to Cati Gómez on time by its suppliers; ex and import bans; fires, disruptions and accidents in the company of Cati Gomez in the company of its supplier or at the agreed location of execution of the agreement; the burning of means of transport of Cati Gomez or of the transport company engaged by her, the occurrence of malfunctions thereof and the involvement in accidents thereof; the imposition of levies by the government or the taking of other measures by the government that bring about changes in the relevant factual circumstances.

13.2 If the force majeure situation has lasted longer than two months, the parties have the right to terminate the agreement by written dissolution. To the extent that the agreement had already been partially executed by Cati Gomez at that time, the dissolution is a partial dissolution. What has already been delivered under the agreement will be settled proportionately.

13.3 The parties will promptly inform each other of a situation of force majeure.

Article 14. Confidentiality

14.1 Both parties are obliged to maintain confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this arises from the nature of the information. The party that receives confidential information will only use it for the purpose for which it was provided. If the customer violates this confidentiality obligation, an immediately payable fine of 1,000.00 owed to Cati Gomez, per information item.

Article 15. Intellectual property rights

15.1 The customer must fully and unconditionally respect all intellectual property rights attached to the products supplied by Cati Gómez.

Article 16. Notice of change of address

16.1 As long as Cati Gómez has not yet delivered everything it is obliged to do under an agreement, as long as the customer has not yet received invoice(s) in respect of a delivery(s) made and as long as the customer has not yet received all invoices from Cati Gómez has complied, the customer is obliged to immediately inform Cati Gómez of a change of address as soon as it occurs. If the customer does not comply with this obligation, letters, messages, invoices and other written communications sent to the old address will continue to have effect pursuant to art. 3:37 paragraph 3 of the Dutch Civil Code and are therefore deemed to have reached the customer. The old address is considered to be the address that was known to Cati Gómez due to explicit notification by the customer, or, if there was no explicit notification, the address that the customer stated on his/her stationery or in his/her e-mail. had mentioned (as a regular, non-digital address). If the customer has neither expressly communicated a postal address nor stated a postal address on stationery or in e-mail, the “old address” shall be the address to which Cati Gómez must deliver or has delivered or the customer's address as stated in the Trade Register at the time of concluding the agreement. The previous rules apply mutatis mutandis to an e-mail address and changes thereto.

Article 17. Conversion

17.1 Does the scope of any provision in these general terms and conditions that is (unexpectedly and unexpectedly) void or for which voidability is successfully invoked, correspond to such an extent to that of another provision that can be regarded as valid, that it must be assumed that it another provision would have been included if the former had been waived due to its invalidity/voidability,

then she is entitled to the effect of that other provision. In terms of scope, the other provision is closest to Cati Gómez's intention, which can be deduced from the first provision.

Art. 18. Law and judge

18.1 Every agreement between Cati Gómez and the customer is governed exclusively by Dutch law, even if an obligation is fully or partially performed abroad or if the customer is domiciled abroad.

18.2 All disputes regarding agreements between the customer and Cati Gómez will be submitted to the competent court in the district where Cati Gómez is located, to the extent this is legally permitted; This rule therefore does not apply to disputes that are submitted to the chamber for subdistrict cases. Notwithstanding this rule, Cati Gómez may choose the court that has jurisdiction according to the legal rules on relative jurisdiction.

Version January 2024