Terms and Conditions of Zwarte Roes
Table of contents
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and performance
Article 12 - Duration transactions: duration, cancellation and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Subscriptions
Article 1 - Definitions
In these terms and conditions:
- Reflection period : the period within which the consumer can make use of his right of withdrawal;
- Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
- Day : calendar day;
- Duration transaction : a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.
- Right of withdrawal : the possibility for the consumer to waive the distance contract within the cooling-off period;
- Model form : the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wants to make use of his right of withdrawal.
- Entrepreneur : the natural or legal person who offers products and/or services to consumers at a distance;
- Distance contract : an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
- Technique for distance communication : means that can be used to conclude an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
- General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Entrepreneur name; Marvin Jamal Antonius, Zwarte Roes
Business address; De Corantijn 43, 1689AN Zwaag
Telephone number: 06 83 20 05 15 - on working days between 08:30 and 17:00
E-mail address: [email protected]
Chamber of Commerce number: 76970361
VAT identification number: NL860857761B01
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
• the price including taxes;
• any costs of delivery;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or performance of the agreement;
• the term for accepting the offer or the term for adhering to the price;
• if the agreement is archived after the conclusion, how it can be consulted by the consumer;
• the way in which the consumer can become aware of actions he does not want before concluding the agreement, as well as the way in which he can rectify these before the agreement is concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically; and
• the minimum duration of the distance agreement in the case of an agreement that extends to continuous or periodic delivery of products or services.
Article 5 – The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.
Article 6 – Right of withdrawal upon delivery of products
- When purchasing products, the consumer has the option of dissolving the contract without giving reasons within seven working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
- During this period, the consumer will handle the product and the packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. If a machine / device / coffee accessory has been used, the right of withdrawal cannot be used. If a product is defective, we will repair or replace it.
- The product group fresh coffee beans is an exception to this, because they have to do with a freshness guarantee. We can no longer sell these after taking them back.
Article 7 – Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, the costs of return will be borne at most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 8 – Exclusion right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
- Exclusion of the right of withdrawal is only possible for products:
a) that have been created by the entrepreneur in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which cannot be returned due to their nature;
d) that can spoil or age quickly (freshly roasted coffee);
e) the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f) for loose newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 – The price
- During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of 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. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
- Price increases within 3 months after 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 agreement are only permitted if the entrepreneur has stipulated this and:
a) they are the result of legal regulations or provisions; or
b) the consumer has the authority to terminate the contract on the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 10 – Conformity and Warranty
- The entrepreneur guarantees 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 legal provisions existing on the date of the conclusion of the agreement and /or government regulations.
- A scheme offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can enforce against the entrepreneur with regard to a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and/or or the distance contract.
Article 11 – Delivery and performance
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 21 days after dissolution.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of return shipment are for the account of the entrepreneur.
- The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.
- If the customer has chosen to send to a service point (PostNL/DPD/DHL), the customer will receive an e-mail or text message that the package is ready. From this moment on, the customer has 7 days to collect the package. After this period, the package will be returned to the entrepreneur and the entrepreneur will receive a surcharge/fine for the return shipment. Should this happen, the customer is requested to pay the cost price of this (third) shipment for a possible new shipment back to the customer - even if the shipment was not originally paid for. This can be prevented by collecting the package from the service point in time.
Article 12 – Duration Transactions
- The consumer can terminate an agreement that has been entered into for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- An agreement that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance agreement will be extended if the consumer remains silent, the agreement will be continued as an agreement for an indefinite period of time and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 – Payment
- Insofar as it has not been agreed later, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
- The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
- In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with these complaints procedures.
2. Complaints about the implementation of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
Article 15 - Subscriptions
1 . When you have chosen a coffee subscription, you will receive the coffee on the next Tuesday/Wednesday, depending on the start date of your subscription.
2. When you take out your subscription, you pay for the first delivery with iDeal via an external payment page. With this transaction you immediately give permission to Zwarte Roes to charge the amount due for subsequent deliveries via direct debit.
3. In principle, you opt for a subscription for an indefinite period. You can cancel or change your subscription at any time, but at least 3 days before the next delivery. This is to prevent that your order has already been taken into production or has already been posted. For cancellation or changes you can send an e-mail to [email protected].
4. The amount includes VAT and shipping costs.