Article 1 - Definitions
In these general terms and conditions, the terms listed below shall have the following meanings:
- Supplementary contract: a contract in which the consumer acquires products in connection with a distance contract and these products are supplied by Original Beans or by a third party on the basis of a contract between that third party and Original Beans;
- Cooling-off period: the period of time within which the consumer can make use of his right of cancellation;
- Consumer: a natural person not acting for purposes relating to his trading, business, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and supplied in digital form;
- Durable data carrier: any means - including e-mail - that enables the consumer or Original Beans to store information addressed personally to him in a way that facilitates future consultation or use during a period appropriate to the purpose for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
- Right of cancellation: the option of the consumer to cancel the distance contract within the cooling-off period;
- Original Beans: the natural or legal person who offers products to consumers at a distance;
- Distance contract: a contract concluded between Original Beans and the consumer in the context of an organised system for the distance sale of products in which exclusive or partial use is made of one or more technologies for distance communication up to and including conclusion of the contract;
- Standard cancellation form: the European standard form for cancellation included in Appendix I of these general terms and conditions.
- Technology for distance communication: means that can be used to conclude a contract without the necessity for the consumer and Original Beans to be in the same place at the same time.
Article 2 - Identity of Original Beans
ORIGINAL BEANS B.V.
1092 AD Amsterdam
CoC Amsterdam: 50770764
VAT number: NL8177.17.043.B.01
Email: [email protected]
Article 3 – Applicability
- These general terms and conditions apply to every offer made by Original Beans and to every distance contract concluded between Original Beans and the consumer.
- Prior to conclusion of the distance contract, the text of these general terms and conditions will be made available by e-mail to the consumer.
- If, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second paragraph shall apply by analogy and in the event of other conflicting terms and conditions, the consumer can always invoke the applicable provision most favourable to him.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Original Beans uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on Original Beans.
- Every offer contains information that makes clear to the consumer what rights and obligations are attached to accepting the offer.
Article 5 - The contract
- Subject to the provisions of paragraph 4, the contract comes into effect at the time the consumer accepts the offer and meets the conditions stated therein.
- Original Beans will immediately acknowledge by electronic means receipt of acceptance of the offer. As long as receipt of this acceptance has not been confirmed by Original Beans, the consumer may cancel the contract.
- Original Beans will take appropriate technical and organisational measures to secure the electronic data transfer and ensure a safe web environment. If the consumer can pay electronically, Original Beans will observe appropriate security measures in that respect.
- Within the statutory framework, Original Beans is entitled to obtain information about whether the consumer can meet his payment obligations, and about all those facts and factors that are important to a responsible conclusion of the distance contract. If, on the basis of this investigation, Original Beans has sound reasons not to enter into the contract, it is entitled, supported by reasons, to refuse an order or enquiry or to attach special conditions to its implementation.
- At the latest upon delivery of the product to the consumer, Original Beans will e-mail the following information:
- the street address of the establishment of Original Beans to which the consumer can address complaints;
- the conditions under which and the manner in which the consumer can exercise the right of cancellation, or a clear notification regarding the exclusion of the right of cancellation;
- information about warranty and existing after-sales service;
- the price inclusive of all taxes on the product; the costs of delivery and the method of payment, delivery or performance of the distance contract;
- the standard cancellation form.
Article 6 - Right of cancellation
- The consumer may cancel a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reasons. Original Beans may ask the consumer for the reason for cancellation, but cannot compel the latter to state his reason(s).
- The cooling-off period referred to in paragraph 1 commences on the day after receipt of the product by the consumer or a third party previously designated by the consumer who is not the carrier, or:
- if, in the same order, the consumer has ordered several products: the day on which the consumer, or a third party designated by him, has received the last product. Original Beans may refuse an order for several products with different delivery times provided it has clearly informed the consumer about this prior to the ordering process.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
- in contracts for regular delivery of products over a certain period of time: the day on which the consumer, or a third party designated by him, has received the first product.
- If Original Beans has not provided the consumer with the legally required information about the right of cancellation or the standard cancellation form, the cooling-off period shall expire twelve months after the end of the original cooling-off period, determined in accordance with the preceding paragraphs of this Article.
- If Original Beans has provided the consumer with the information referred to in the preceding paragraph within twelve months after the effective date of the initial cooling-off period, the cooling-off period will expire 14 days from the day on which the consumer has received that information.
Article 7 - Obligations of the consumer during the cooling-off period
- During the cooling-off period, the consumer shall treat the product and packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The basic principle in this is that the consumer should only handle and inspect the product in the way he would be allowed to do so in a shop.
- The consumer shall only be liable for reduction in value of the product that is a consequence of a manner of handling the product that is beyond what is permitted in paragraph 1.
- The consumer is not liable for reduction in value of the product if Original Beans has not provided him with all legally required information about the right of cancellation before or at the conclusion of the contract.
Article 8 - Exercise of the right of cancellation by the consumer and the costs thereof
- If the consumer exercises his right of cancellation, he shall notify Original Beans of this within the cooling-off period using the standard cancellation form or in some other unequivocal way.
- As soon as possible, but within 14 days from the day following the day of notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) Original Beans. This is not necessary if Original Beans has offered to collect the product itself. In any case, the consumer shall have complied with the deadline for return if he returns the product before the expiry of the cooling-off period.
- The consumer shall return the product with all the accessories supplied, if reasonably possible in their original condition and packaging, and in accordance with the reasonable and clear instructions provided by Original Beans.
- The risk and the burden of proof for the correct and timely exercise of the right of cancellation lie with the consumer.
- The consumer must bear the direct costs of returning the product. If Original Beans has not given notice that the consumer has to bear these costs or if Original Beans indicates it will bear the costs itself, the consumer does not have to bear the costs of return.
- If the consumer exercises his right of cancellation, any supplementary contracts shall be automatically annulled.
Article 9 - Obligations of Original Beans in case of cancellation
- If Original Beans makes notification of cancellation by the consumer possible by electronic means, it shall send an acknowledgement of receipt of such notification immediately upon receipt.
- Original Beans shall immediately refund all payments made by the consumer, including any delivery charges made by Original Beans for the returned product, but at the latest within 14 days after the day on which the consumer notifies it of the cancellation. Unless Original Beans offers to collect the product itself, it may wait with refunding until it has received the product or until the consumer demonstrates that he has sent the product back, whichever is the earlier.
- In making the refund, Original Beans shall use the same payment method as used by the consumer, unless the consumer agrees to a different method. The refund is without costs to the consumer.
- If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, Original Beans does not have to refund the additional costs of the more expensive method.
Article 10 - Exclusion of right of cancellation
Original Beans can exclude the following products from the right of cancellation, but only if Original Beans has stated this clearly when making the offer or in any case in good time before the conclusion of the contract:
- Products manufactured according to the consumer's specifications, which are not prefabricated and which are being manufactured on the basis of the consumer’s individual choice or decision, or which are clearly intended for a specific person;
- Products that are perishable or have a limited shelf life;
- Sealed products that, for reasons of health protection or hygiene, are not suitable to be returned and whose seal has been broken after delivery;
- Products that, owing to their nature, have been irrevocably mixed with other products after delivery;
Article 11 - The price
- During the period of validity mentioned in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the preceding paragraph, Original Beans may offer at variable prices such products as have prices subject to fluctuations in the financial markets and over which Original Beans has no influence. The fact of being subject to fluctuations and the fact that any prices mentioned are recommended prices, will be stated in the offer.
- The prices referred to in the offer of products are inclusive of VAT.
Article 12 - Performance of contract and extended warranty
- Original Beans warrants that the products meet the contract, the specifications mentioned in the offer, the reasonable requirements of merchantable quality and/or utility and the legal provisions and/or government regulations existing on the date of conclusion of the contract. Only if expressly agreed, Original Beans also warrants that the product is suitable for other than normal use.
- An extended warranty offered by Original Beans, its supplier, manufacturer or importer can never limit the legal rights and claims that the consumer can assert under the contract against Original Beans if Original Beans has failed to perform its part of the contract.
- Extended warranty means any undertaking by Original Beans, its supplier, importer or manufacturer granting certain rights or claims to the consumer that go beyond what it is legally required in case it fails to perform its part of the contract.
Article 13 - Delivery and implementation
- Original Beans will observe the utmost care when receiving and executing orders for products.
- The place of delivery is the address that the consumer has made known to Original Beans.
- With due regard to what is stated in Article 4 of these general terms and conditions, Original Beans shall carry out accepted orders with reasonable speed but at the latest within 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot or can only be partially carried out, the consumer will be notified of this no later than 30 days after having placed the order. In that case, the consumer is entitled to annul the contract without charge and may possibly be entitled to damages.
- After annulment in accordance with the preceding paragraph, Original Beans shall immediately refund the amount paid by the consumer.
- The risk of damage and/or loss of products rests with Original Beans until the moment of delivery to the consumer or to a previously designated representative of whom Original Beans has been made aware, unless expressly agreed otherwise.
ARTICLE 14 - Payment
- Unless otherwise specified in the contract or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the contract.
- The consumer is obliged to notify Original Beans without delay of any inaccuracies in payment details supplied or stated.
- If the consumer fails to meet his payment obligation(s) in good time, then after Original Beans has pointed out the overdue payment to him and Original Beans has given the consumer a further period of 14 days within which to still comply with his payment obligations, after default of payment within this 14-day period, the consumer shall be charged statutory interest over the outstanding amount and Original Beans shall be entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% of outstanding amounts to €2,500.00; 10% of the next €2,500.00 and 5% of the next €5,000.00 with a minimum of €40.00. Original Beans may deviate from these amounts and percentages to the advantage of the consumer.
Article 15 - Complaints procedure
- Original Beans has a sufficiently well-publicised complaints procedure and shall deal with the complaint in accordance with this procedure.
- Complaints about the implementation of the contract must be submitted to Original Beans with a full and complete description within a reasonable period of time after the consumer has discovered the defects.
- Complaints submitted to Original Beans will be responded to within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Original Beans shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer may expect a more extensive answer.
- In any case, the consumer should allow Original Beans at least four weeks’ time to resolve the complaint by mutual consultation. After this period, a dispute arises that is subject to dispute resolution.
Article 16 - Disputes
- Contracts between Original Beans and the consumer to which these general terms and conditions refer are exclusively subject to Dutch law.
Article 17 - Supplementary or deviating provisions
Provisions that supplement or deviate from these general terms and conditions may not be to the detriment of the consumer and must be set down in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.