Table of Contents of our General Terms and Conditions:
Article 1 - Definitions
Article 2 - Identity of the Company
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Section 6 - Right of Cancellation
Article 7 - Cancellation Costs
Article 8 - Exclusion Right of Cancellation
Article 9 - The Price
Article 10 - Conformity and Warranty
Article 11 - Delivery and Execution
Article 12 - Payment
Article 13 - Complaints Procedure
Article 14 - Disputes
Article 15 - Additional or Different Provisions
Article 1 - Definitions
In these terms and conditions, the terms listed below have the following meaning:
- Cooling-off period: the period of time in which the consumer can exercise his right of cancellation;
- Consumer: the natural person who does not act in a professional or business context and who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a remote agreement regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier: every tool that enables the consumer or entrepreneur to store information that is addressed to him in person, in a way that enables future consultation and unaltered reproduction of the stored information.
- Right of cancellation: the possibility for the consumer to cancel the distance contract within the cooling-off period;
- Model form: the model form for cancellation that the entrepreneur makes available and which a consumer can fill out if the consumer wishes to exercise his right of cancellation.
- Entrepreneur: the natural person or legal person that offers products and/or services to consumers at a distance;
- Distance contract: an agreement concluded within the framework of an organised system for remote selling of products and/or services, whereby up to and including the conclusion of the agreement use is exclusively made of one or more techniques for remote communication;
- Technology for remote communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.
- General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
Article 2 - Identity of Koffiemaatje.shop
Koffiemaatje.shop is a business activity of YBO Trading | Your Business Online in Muiden
YBO Trading | Your Business Online | Koffiemaatje
Lijnbaanshof 6 (This is not a visiting address)
1398 VC Muiden
Koffiemaatje is a registered trademark of YBO Trading | Your Business Online and an officially registered brand name in the BIOP (Benelux-Bureau voor de intellectuele Eigendom) register under registration number 1440505.
Chamber of Commerce: 80618790
Vat no.: NL003464045B50
Article 3 - Applicability
- These terms and conditions apply to every offer made by the entrepreneur and to orders and every remote agreement that has been concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be viewed at the entrepreneur's premises and that they will be forwarded free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available electronically to the consumer in such a way that the consumer can store these in a simple way on a durable data carrier. If this is not reasonably possible, the consumer will be informed, before the distance contract is concluded, of where the terms and conditions can be consulted electronically and that they will be forwarded at the request of the consumer free of charge by electronic means or otherwise.
- In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs shall apply mutatis mutandis and in the event of conflicting conditions the consumer may always invoke the applicable provision that is most favourable to him.
- If one or more provisions in these general terms and conditions are wholly or partially invalid at any time or are to be annulled, then the agreement and the rest of these provisions will remain fully applicable and the provision in question will be replaced without delay in mutual consultation by a provision which approaches the purpose and purport of the invalid provision as closely as possible.
- Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
- Ambiguities about the explanation or content of one or more provisions of these conditions must be explained 'in the spirit' of these general terms and conditions.
Article 4 - The offer
- If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
- Offers are without obligation. The entrepreneur is entitled to change and adjust the offer.
- The offer shall contain a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these shall be a true reflection of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- All images, specifications and details in the offer are indications and cannot constitute grounds for compensation or dissolution of the agreement.
- Images associated with products shall be faithful representations of the products offered. The entrepreneur cannot guarantee that the colours displayed correspond exactly with the actual colours of the products.
- Each offer contains as much information as is required to make it clear to the consumer what rights and obligations are associated with the acceptance of the offer. This concerns the following in
- the price including taxes;
- any shipping costs;
- the manner in which the agreement will be concluded and the associated required actions;
- whether the right of cancellation applies;
- the method of payment, delivery and implementation of the agreement;
- the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on a ground other than the regular basic rate for the means of communication used;
- whether the agreement will be archived following its completion and, if so, how the consumer will be able to consult it;
- the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, correct it;
- any other languages, in addition to Dutch, in which the agreement can be concluded;
- the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult electronically these codes of conduct; and
- the minimum duration of the distance agreement in the event of a continuing performance contract.
Article 5 - The agreement
- The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance of the offer by the consumer and the fulfilment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and he will ensure a secure internet environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within statutory frameworks - inform himself as to whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons given, or to attach special conditions to the execution thereof.
- With respect to the product or service to be provided to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can make use of the right of cancellation, or a clear statement regarding the exclusion of the right of cancellation;
c. the information about warranties and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
- In the case of a long-running transaction, the provisions of the previous paragraph shall only apply to the first delivery.
- each agreement is entered into subject to the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of Cancellation
When delivering products:
- Where products have been purchased, the consumer has the possibility to dissolve the agreement without giving reasons during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or by a representative predesignated by the consumer and made known to the entrepreneur.
- During the cooling-off period, the consumer shall handle the product and packaging with care. He shall unpack or use the product only to the extent necessary to judge if he wishes to keep the product. If the consumer exercises his right of cancellation, the consumer will return the product with all supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur in accordance with the reasonable and clear instructions provided by the entrepreneur.
- If the consumer wishes to exercise his right of cancellation, the consumer is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must inform the entrepreneur using the model form. After the consumer has informed the entrepreneur of his desire to exercise his right of cancellation, the consumer must return the product within 14 days. The consumer must prove that the goods delivered have been returned in time, for example by means of a certificate of posting.
- If, after the end of the periods referred to in paragraphs 2 and 3, the consumer has not informed the entrepreneur of his desire to exercise his right of cancellation or has not returned the product to the entrepreneur, the purchase will be an accomplished fact.
Article 7- Cancellation Costs
- If the consumer makes use of their right of cancellation, returning the product is completely free of charge.
- If the consumer has made a payment, the entrepreneur shall refund this amount as soon as possible but no later than within 14 days of the cancellation. This is on the condition that the product has already been received by the web shop or conclusive evidence of the return can be presented. The refund will take place via the same payment method used by the consumer unless the consumer provides his express permission for an alternative payment method.
- The consumer is himself liable for any reduction in value of the product that is the result of careless handling of the product by the consumer.
- The consumer is not liable for any reduction in the value of the product if the entrepreneur has not provided the consumer with all of the legally required information prior to concluding the contract..
Article 8- Exclusion of right of cancellation
- The entrepreneur can exclude the consumer's right of cancellation for products as described in paragraph 2. The exclusion of the right of cancellation only applies if the entrepreneur has clearly indicated this with the offer, or at least in good time prior to concluding the agreement.
- Exclusion of the right of cancellation is only possible for products:
- that have been realised by the entrepreneur according to the specifications of the consumer;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. of which the price depends on fluctuations in the financial market on which the entrepreneur has no influence;
f. for hygienic products of which the consumer has broken the seal.
Article 11 - The Price
- During the period of validity mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. The offer will state this link to fluctuating prices and the fact that any stated prices are for guidance purposes.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- they are the result of statutory regulations or provisions; or
b. the consumer is authorised to terminate the contract on the day on which the price increase takes effect.
- The prices of goods or services stated in the offer are including VAT.
- All prices are subject to fraud, misprints and typesetting errors. No liability will be accepted for the consequences of fraud, misprints and typesetting errors. In case of fraud, misprints and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Article 10- Conformity and Warranty
- The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that exist on the date of the conclusion of the agreement. If agreed the entrepreneur also warrants that the product is suitable for purposes other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does nothing to alter the statutory rights and claims which the consumer under the agreement can invoke against the entrepreneur.
- Any defects or wrongly delivered products must be reported in writing to the entrepreneur within four weeks of delivery. The products must be returned in the original packaging in new condition.
- The entrepreneur's warranty period corresponds with the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer nor for any recommendations regarding the use or application of the products.
- The warranty does not apply if:
- The consumer has repaired and/or processed the delivered products himself or has had the products repaired and processed by third parties;
- The delivered products have been exposed to abnormal circumstances or have otherwise been negligently treated or have been treated contrary to the instructions of the entrepreneur and/or on the packaging;
- The defectiveness is entirely or partially the result of regulations that the government has set or will set with regard to the nature or the quality of the applied materials.
Article 11- Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and processing product orders and when evaluating requests to supply services.
- The place of delivery is deemed to be the address that the consumer has informed the company.
- With due observance of the respective provisions of paragraph 4 of this article, the company will process orders it accepts with the requisite speed but no later than within 30 days, unless the consumer agrees to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will receive notification of this no later than 30 days after he has placed the order. In that case, the consumer has the right to cancel the agreement without incurring any costs. The consumer has no right to any compensation for damages.
- All delivery periods are indicative. The consumer cannot derive rights from the periods referred to. If the delivery period is exceeded, this will not entitle the consumer to compensation for damages.
- In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after the dissolution.
- Should it be impossible to supply an ordered item, the entrepreneur will do its very best to make a replacement product available. There will be clear communication about the supply of a replacement product no later than the delivery date. Cancellation of the agreement cannot be excluded when a replacement products are supplied. Any costs incurred in returning products will be for the account of the entrepreneur.
- The risk of damage and/or lost products is borne by the entrepreneur up to the time of delivery to the consumer (or a previously designated representative known to the entrepreneur), unless otherwise expressly agreed.
Article 12 - Payment
- As far as no other date has been agreed, sums payable by the consumer should be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph In case of an agreement to provide a service, this period shall start after the consumer has received the confirmation of the agreement.
- The consumer has the duty to report inaccuracies in payment details that they have provided or stated to the entrepreneur without delay.
- In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs previously announced to the consumer.
Article 13 - Complaints
- The entrepreneur has a well-publicised complaints procedure and handles complaints in accordance with this complaints procedure.
- Complaints regarding the execution of the agreement must be submitted to the entrepreneur in detail and clearly described within 7 days of the consumer discovering the defects.
- The entrepreneur will respond to any submitted complaints within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- If the complaint cannot be dealt with through mutual consultation, this will result in a dispute that is subject to the dispute settlement rules.
- In the event of a complaint, a consumer must always first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), which will provide free mediation. Always check whether this web shop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution can still not be found, the consumer has the option of having his complaint heard by the independent disputes committee appointed by Stichting WebwinkelKeur whose ruling is binding, and both entrepreneur and consumer accept this binding ruling. Presenting a dispute to this disputes committee involves costs which the consumer must pay to the committee concerned. It is also possible to report complaints via the European ODR platform (http://ec.europa.eu/odr).
- A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
- If the entrepreneur considers a complaint to be well-founded, the entrepreneur will replace or repair, at his discretion, the delivered products free of charge.
Article 14 - Disputes
- Agreements between the entrepreneur and the consumer to which these general terms and conditions apply, are subject exclusively to Dutch law. This is also the case if the consumer resides abroad.
- The Vienna Convention on the International Sale of Goods does not apply.
Article 15 - Additional or Different Provisions
Provisions that are supplementary or deviate from these general terms and conditions should not disadvantage the consumer and should be set out in writing or in such a manner that they can be stored by the consumer in an accessible manner on a durable medium.