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General terms and conditions
General Terms and Conditions – Koffiezone.nl
Article 1 – The Online Store
1.1 These are the General Terms and Conditions of:
Koffiezone.nl
Boerenkamplaan 94 b
5712 AH Someren
The Netherlands
T: +31 6 17988539
E:[email protected]
Chamber of Commerce (KVK): 17265816
VAT identification number: NL821440093B01
1.2 Definitions
To keep these General Terms and Conditions clear and understandable, the following terms have a fixed meaning:
Consumer: The Customer who acts for purposes outside their trade, business or professional activity.
Right of Withdrawal: The right of a Consumer to terminate a distance contract or an off-premises contract without giving any reason, as referred to in Article 230o of Book 6 of the Dutch Civil Code.
Customer: Anyone, including legal entities, who enters into an Agreement with the Online Store.
Agreement: Any contractual relationship between the Online Store and the Customer.
Online Store: The party referred to in Article 1.1.
1.3
In these General Terms and Conditions, the Online Store and the Customer are jointly referred to as “We” or “Us”. The terms “You” and “Your” refer to the Customer.
Article 2 – Applicability
2.1
These General Terms and Conditions apply to every offer made by the Online Store and to every Agreement between You and the Online Store.
Any general terms and conditions used by You do not apply. This is only different if the Online Store has expressly confirmed this to You in writing.
2.2
If any provision of these General Terms and Conditions is void or may be declared void, all other provisions will remain in force.
In that case, We will jointly make new arrangements to replace the void or voidable provision(s). The purpose of the new provision(s) should correspond as closely as possible to the purpose of the original provision(s).
Article 3 – Offers
3.1
Every offer made by the Online Store is non-binding and may be accepted by You within the period stated in the offer. If You do not do so, the offer expires.
If no period is stated, a period of 14 days applies.
It is not possible to accept or reject only part of an offer made by the Online Store. In that case, the entire offer will also expire.
3.2
The Online Store ensures that every offer accurately and completely describes the products and/or digital content and services to which the offer relates.
If the offer contains graphical elements, such as images or videos, these provide a true representation of those products and/or digital content and services.
3.3
If an offer contains an obvious mistake or error, such as a typographical or calculation error, the Online Store is not bound by the offer.
Article 4 – Performance of the Agreement and Delivery
4.1
You have an Agreement with the Online Store from the moment You have accepted the Online Store's offer and have complied with the requirements stated by the Online Store.
You will receive confirmation from the Online Store within a reasonable period after conclusion of the Agreement, in any event upon delivery of the goods or before the service is performed.
This confirmation contains:
all information referred to in Article 6:230m paragraph 1 of the Dutch Civil Code, unless You already received this information from the Online Store on a durable medium before conclusion of the Agreement; and
where applicable, confirmation of the express prior consent and declaration referred to in Article 6:230p(g) of the Dutch Civil Code.
Until You have received the confirmation referred to above, You may terminate the Agreement.
4.2
The Online Store will make every effort to perform the Agreement as carefully and quickly as possible and to deliver orders placed by You as soon as possible.
In any event, the Online Store will do so within 30 days after conclusion of the Agreement, unless a different delivery period has been agreed.
If the Online Store is unable to deliver within this period, You may terminate the Agreement.
4.3
Deliveries will be made to the address You have provided to the Online Store.
If that address is located outside the Netherlands, the Online Store has the right to refuse Your order without being liable to pay compensation.
4.4
The Online Store carefully determines who within its organisation is appointed to perform the Agreement. The Online Store may also engage third parties, such as subcontractors and/or auxiliary persons, for this purpose.
The Online Store will inform You in advance which party it uses for delivery of ordered products.
If products are lost or damaged during delivery, this is at the risk of the Online Store. This is only different if You and the Online Store have expressly agreed otherwise.
4.5
You must provide in good time all information that the Online Store has indicated is necessary for performance of the Agreement or that You should reasonably understand is necessary.
If You fail to do so, the Online Store may, among other things, suspend performance of the Agreement. In addition to its right to suspend the Agreement, the Online Store may continue to exercise any other rights it may have.
Article 5 – Prices
5.1
Are You a Consumer? In that case, the prices and rates stated by the Online Store include surcharges, levies and taxes, such as VAT, and additional costs, such as any shipping and administration costs.
If You are not a Consumer, prices are, in principle, stated exclusive of VAT and other levies, unless expressly stated otherwise with the price.
5.2
Products and/or services whose prices are linked to fluctuations in financial markets over which the Online Store has no control may be offered by the Online Store at variable prices. The Online Store will clearly indicate this with the price.
5.3
The Online Store has the right to implement price changes within three months after conclusion of the Agreement insofar as these are the result of changes in laws and regulations.
If more than three months have passed since conclusion of the Agreement, the Online Store also has the right to charge You increases in delivery, transport, shipping, call-out and administration costs.
5.4
If You are a Consumer, You have the right to terminate the Agreement in the event of the price increases referred to in Article 5.3.
If You are not a Consumer, You only have the right to terminate the Agreement if the increase exceeds 5% of the agreed total price, unless the Online Store offers to bear the price difference insofar as it exceeds the aforementioned 5%.
Article 6 – Payment
6.1
You are required to pay invoices from the Online Store within 14 days after conclusion of the Agreement, unless You have agreed otherwise with the Online Store.
Are You a Consumer? Under Dutch law, the Online Store may not require You to pay more than 50% of the price in advance.
6.2
If You are a Consumer, You will only be in default regarding Your payment obligations after the Online Store has given You notice of default and has granted You a reasonable period of at least 14 days, commencing on the day after receipt of the aforementioned notice, to fulfil Your payment obligations and You have failed to pay within that 14-day period.
In that case, You will also owe statutory interest and compensation for extrajudicial collection costs.
The extrajudicial collection costs are, subject to a minimum of €40:
15% of outstanding amounts up to €2,500;
10% of the next €2,500;
5% of the next €5,000;
1% of the next €190,000;
0.5% of the remaining amount.
6.3
If You are not a Consumer, You may not set off, suspend and/or reduce payments owed to the Online Store and You will immediately be in default if You fail to make a payment on time.
In that case, the Online Store also has the right to charge statutory commercial interest from the due date of the invoice until the date on which You have paid in full.
The Online Store does not first need to demand payment from You or give You notice of default.
The Online Store may also continue to exercise any other rights it may have against You.
6.4
Payments made by You will first be applied to any interest and costs due and subsequently to the outstanding invoices that have been due for the longest period.
6.5
In the event of liquidation, dissolution, bankruptcy or suspension of payments of the Customer, or if the Customer wholly or partly loses the free management or disposal of its assets, the Customer's payment and other obligations become immediately due and payable.
Article 7 – Guarantees
7.1
The Online Store ensures that the products and/or services supplied to You comply with the Agreement.
This means, among other things, that those products and/or services correspond to what You could reasonably expect on the basis of the type of product and the statements made by the Online Store about it, for example regarding quantities, dimensions and/or weight.
The products and/or services supplied to You by the Online Store also comply with the laws and regulations applicable at the time the Agreement is concluded.
If You are not a Consumer, the Online Store may make different or additional arrangements with You.
7.2
If You are a Consumer, any additional guarantees provided to You by the Online Store will never restrict Your statutory consumer rights.
You may therefore always exercise Your statutory consumer rights.
Article 8 – Intellectual Property Rights
8.1
The intellectual property rights, including copyright, relating to all offers, designs, images, drawings and models provided to You by the Online Store remain the property of the Online Store, unless the Online Store has expressly agreed otherwise with You in writing.
Documents, data and materials provided to You by the Online Store are also intended solely for use by You as a Customer and may not be reproduced, published or disclosed to third parties without the Online Store's prior written permission, unless the nature of those documents, data or materials implies otherwise.
Article 9 – Right of Withdrawal
9.1
If You are a Consumer and the Agreement is a distance contract or an off-premises contract, as referred to in Article 6:230g of the Dutch Civil Code, You may exercise the Right of Withdrawal.
This means that You may terminate the Agreement without giving any reason within a period of 14 days.
This 14-day period commences at the following times:
a. In the case of an Agreement concerning the purchase of movable goods:
On the day on which You or a third party designated by You, other than the carrier, receives the product, unless:
the same order consists of several goods delivered separately, or delivery consists of different shipments or parts. In that case, the relevant date is the day on which You or a third party designated by You, other than the carrier, receives the last item, shipment or part;
the Agreement concerns the regular delivery of products during a specified period. In that case, the relevant date is the day on which You or a third party designated by You, other than the carrier, receives the first item.
b. In the case of an Agreement for the provision of services:
On the day on which the Agreement is concluded.
c. In the case of an Agreement for the supply of water, gas or electricity not put up for sale in a limited volume or set quantity, district heating or digital content not supplied on a tangible medium:
On the day on which the Agreement is concluded.
9.2
To exercise the Right of Withdrawal, You must inform the Online Store by means of an unequivocal statement that You are exercising the Right of Withdrawal.
You may use the withdrawal form provided to You by the Online Store for this purpose. The withdrawal form is also included as an appendix to these General Terms and Conditions.
You must send Your statement before expiry of the period referred to in Article 9.1.
9.3
If You have not yet received the withdrawal form from the Online Store, the 14-day period referred to in paragraph 1 of this Article will be extended until You have received the withdrawal form, but by no more than twelve months.
9.4
If You exercise the Right of Withdrawal, You must:
handle any goods received and their packaging with care. You may only unpack or use the products to the extent necessary to establish the nature, characteristics and functioning of the goods. If You handle the goods in any other way, You are liable for any reduction in value caused as a result, unless the Online Store failed to provide You with all legally required information concerning the Right of Withdrawal before or at the time the Agreement was concluded;
return the goods to the Online Store within 14 days, calculated from the day following the day on which You made the statement referred to in Article 9.2. The direct costs of returning the goods are borne by You, but only if the Online Store informed You of this before conclusion of the Agreement;
as far as possible, return the goods with all supplied accessories, in their original condition and packaging and in accordance with the reasonable and clear instructions provided to You by the Online Store.
9.5
If You exercise the Right of Withdrawal, the Agreement will be terminated. This also applies to any supplementary Agreements.
In that case, the Online Store will refund the payments You have made to the Online Store, including any applicable costs, such as delivery costs.
The Online Store will do so no later than 14 days after the day on which You made the statement referred to in Article 9.2, provided that the goods have been received back in good order or You have demonstrated that the goods have been returned.
9.6
You bear the risk and burden of proof for the correct and timely exercise of the Right of Withdrawal.
Article 10 – Exclusion of the Right of Withdrawal
10.1
If You are not a Consumer, You cannot exercise the Right of Withdrawal, even if You have received a withdrawal form.
10.2
If You are a Consumer, contrary to Article 9, You cannot exercise the Right of Withdrawal if:
the Online Store has excluded the Right of Withdrawal; and
the Online Store clearly informed You of the exclusion of the Right of Withdrawal before conclusion of the Agreement; and
the excluded Right of Withdrawal relates to:
An Agreement where the price of the goods or services is dependent on fluctuations in the financial markets over which the Online Store has no control and which may occur within the withdrawal period;
An Agreement under which You have specifically requested the Online Store to visit You for the purpose of carrying out urgent repairs or maintenance, with the exception of:
additional services which You have not expressly requested;
the supply of goods other than those necessary to carry out the maintenance or repairs;
An Agreement concluded at a public auction;
An Agreement for the provision of services, after the Agreement has been fully performed and, where the Agreement imposes a payment obligation on You, if:
performance began with Your express prior consent; and
You declared that You waive Your Right of Withdrawal once the Online Store has fully performed the Agreement;
An Agreement for the provision of accommodation other than for residential purposes, transport of goods, car rental services, catering or services related to leisure activities, if the Agreement provides for a specific date or period of performance;
A consumer purchase relating to:
the supply of goods made to Your specifications, which are not prefabricated and are made on the basis of an individual choice or decision by You, or which are clearly intended for a specific person;
the supply of goods that are liable to deteriorate rapidly or have a limited shelf life;
the supply of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
the supply of goods which, after delivery, are, by their nature, inseparably mixed with other items;
the supply of alcoholic beverages where the price was agreed when the consumer purchase was concluded, but delivery can only take place after 30 days and the actual value depends on fluctuations in the market over which the Online Store has no control;
the supply of sealed audio or video recordings or computer software whose seal has been broken after delivery;
the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;
An Agreement for the supply of digital content that is not supplied on a tangible medium, insofar as performance has begun and the Agreement imposes a payment obligation on You, if:
performance began with Your express prior consent;
You declared that You thereby waive Your Right of Withdrawal; and
the Online Store has provided confirmation as referred to in Article 6:230t paragraph 2 or Article 6:230v paragraph 7 of the Dutch Civil Code.
Article 11 – Termination
11.1
If the Agreement may be terminated, termination must take place in accordance with the termination rules and notice period agreed between You and the Online Store.
11.2
If You are a Consumer, the following rules and periods apply to termination. The Online Store may not deviate from these rules to Your detriment as a Consumer:
If the Agreement has been entered into for an indefinite period and concerns the regular supply of goods, including electricity, heating and cooling, or the regular performance of services, You have the right to terminate the Agreement at any time.
If the Agreement has been entered into for a fixed period and concerns the regular supply of goods, including electricity, heating and cooling, or the regular performance of services, You have the right to terminate the Agreement at the end of the fixed period. If that Agreement has been tacitly renewed, You may terminate the Agreement at any time.
The notice period is a maximum of one month, unless the Agreement concerns the regular supply of magazines, daily, news and/or weekly newspapers where delivery takes place less than once a month. In that case, the maximum notice period is three months.
If the Agreement has been entered into for a fixed period and concerns the regular supply of goods, including electricity, heating and cooling, or the regular performance of services, the Agreement may not be tacitly extended or renewed for another fixed period, unless the Agreement concerns the regular supply of magazines, daily, news and/or weekly newspapers. In the latter case, the Agreement may be tacitly renewed for a fixed period of no more than three months and You have the right to terminate the Agreement at the end of the renewal period with a notice period of no more than one month.
An Agreement for the supply of magazines, daily, news and/or weekly newspapers that has a limited duration and is intended as a trial subscription will not be tacitly continued and will automatically end, without notice, at the end of the trial period.
Any Agreement lasting longer than one year may be terminated by You at any time after the first year, unless reasonableness and fairness oppose termination before the end of the agreed term.
11.3
If You are not a Consumer, You may only terminate the Agreement if this is expressly provided for in the Agreement and in accordance with the applicable termination rules and notice periods.
Article 12 – Personal Data
12.1
The Online Store processes personal data only in accordance with applicable laws and regulations. This means, among other things, that:
the Online Store only processes personal data insofar as such processing can be based on one of the legal grounds set out in Article 6 of the General Data Protection Regulation (GDPR);
the Online Store takes appropriate technical and organisational measures to adequately protect the personal data it processes;
the Online Store will only share personal data with third parties if this is compatible with the purpose for which the data was collected and all other legal requirements applicable to sharing personal data have been met;
personal data will not be retained longer than necessary for the purposes for which it was collected, unless the Online Store is legally required to retain the data for longer;
You have, among other things, the right to access and correct Your personal data, request its deletion, restrict processing, object to processing and, where applicable, transfer Your data.
Article 13 – Complaints
13.1
The Online Store has a clear complaints procedure. The Online Store handles every complaint in accordance with this complaints procedure.
13.2
If You have a complaint regarding performance of the Agreement, You must submit it to the Online Store, fully and clearly described, within two months after discovering the defect.
13.3
The Online Store will respond, where possible, within 14 days after receiving the complaint.
If a complaint requires a longer processing period, You will receive an acknowledgement of receipt within the aforementioned 14-day period, including an indication of when You can expect a more detailed response.
13.4
In the event of a complaint, You must always contact the Online Store first and determine whether the Online Store can offer You an appropriate solution.
If the Online Store is affiliated with WebwinkelKeur and the parties are unable to resolve the matter between themselves, You may contact WebwinkelKeur. WebwinkelKeur provides mediation free of charge.
You can check whether the Online Store has a current membership through the WebwinkelKeur members list.
13.5
If mediation by WebwinkelKeur does not result in a solution, You may also submit the complaint to the independent disputes committee designated by WebwinkelKeur.
If You choose to do so, costs may be charged to You.
Article 14 – Applicable Law and Jurisdiction
14.1
The Agreement is governed exclusively by Dutch law.
14.2
In addition to the possibility of using the complaints procedure described in Article 13, You may submit disputes to the courts.
In such cases, the court in the district in which the Online Store is established has jurisdiction to hear the dispute, to the exclusion of other competent courts and arbitration.
This does not apply if a court in another location has jurisdiction on the basis of a mandatory provision of law.
Appendix 1 – Model Withdrawal Form
Withdrawal Form
(Complete and return this form only if you wish to withdraw from the Agreement.)
To:
Koffiezone.nl
Boerenkamplaan 94 b
5712 AH Someren
The Netherlands
Email: [email protected]
I/We () hereby give notice that I/We () withdraw from my/our () contract concerning the sale of the following goods/provision of the following service ():
..............................................................................
Ordered on () / Received on ():
..............................................................................
Name(s) of Consumer(s):
..............................................................................
Address of Consumer(s):
..............................................................................
Signature of Consumer(s):
(only if this form is submitted on paper)
..............................................................................
Date:
..............................................................................
(*) Delete as appropriate.
– End –
In the event of any discrepancy or difference in interpretation between the Dutch version and this English translation of the General Terms and Conditions, the Dutch version shall prevail, insofar as permitted by applicable mandatory law.