Terms and Conditions
Table of Contents:
Article 1 - Definitions
Article 2 - Company
Article 3 - Applicability
Article 4 - Offer
Article 5 - Agreement
Article 6 - Cancellation rights
Article 7 - Customer obligations during cooling-off period
Article 8 - Invoking cancellation rights by the customer, and costs for this
Article 9 - Company obligations on cancellation
Article 10 - Exemption to cancellation rights
Article 11 - Price
Article 12 - Performance and extra warranty
Article 13 - Delivery and fulfillment
Article 14 - Standing orders: term, cancellation and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 1 - Definitions
The following definitions apply in these terms and conditions:
1. Supplementary agreement: an agreement where the customer acquires products, digital content and/or services in connection with a distance selling agreement, and these goods, digital content and/or services are supplied by the company or by a third party on the basis of an agreement between that third party and the company;
2. Cooling-off period: the period during which the customer can exercise cancellation rights;
3. Customer: the natural legal person not acting in connection with a trade, business, craft or professional activity;
4. Day: calendar day;
5. Digital content: data produced and delivered in electronic form;
9. Distance selling agreement: an agreement concluded between the company and the customer within the framework of an organized system for distance selling of products, digital content and/or services, wholly or partly using one or more means of distance communication up to and including the point of concluding the agreement;
10. Standard cancellation form: the standard cancellation form used in Europe, included in Appendix I of these terms and conditions. Appendix I does not have to be provided if the customer has no cancellation rights with regard to their order;
11. Means of distance communication: any means which may be used for concluding an agreement, without the simultaneous physical presence of the company and the customer.
Article 2 - Company
Company name: 94Wines BV
Trading as: Welikecoffee.com
Registered & trading address: Badweg 48 8401BL Gorredijk
Opening hours: Monday through Friday, 9am to 5pm
Email address: [email protected]
Chamber of Commerce reg. no.: 32155446
VAT reg. no.: NL 8209.01.647.B01
Article 3 - Applicability
1. These general terms and conditions apply to any offer made by the company and to any distance selling agreement concluded between the company and the customer.
2. Before any distance selling agreement is concluded, the text of these general terms and conditions shall be provided to the customer. If this is not reasonably practicable, and before the distance selling agreement is concluded, the company shall state how the general terms and conditions can be viewed at the company offices, and that they will be sent free of charge as soon as possible, at the customer's request.
3. If the distance selling agreement is concluded electronically, by way of derogation from the previous paragraph and before the distance selling agreement is concluded, the text of these general terms and conditions may be provided to the customer electronically in such way that the customer can easily store them on a permanent data storage medium. If this is not reasonably practicable, and before the distance selling agreement is concluded, it shall be stated where the general terms and conditions can be obtained electronically, and that they will be sent free of charge electronically or otherwise at the customer's request.
4. Where specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting conditions, the customer can always invoke the provision applying most favorably to them.
Article 4 - Offer
1. If an offer is for a limited time only, or is subject to conditions, this shall be explicitly stated in the offer.
2. Offers shall contain a complete and accurate description of the products, digital content and/or services being offered. The description shall be sufficiently detailed to allow the customer to assess the offer properly. If the company uses images, these shall be a true representation of the products, services and/or digital content on offer. Obvious mistakes or errors in the offer shall not be binding on the company.
3. Each offer shall contain such information that makes clear to the customer what rights and obligations are attached to accepting the offer.
Article 5 - Agreement
1. Subject to the provisions of paragraph 4, the agreement shall be concluded at the point the customer accepts the offer and meets the relevant conditions.
2. If the customer accepts the offer electronically, the company shall immediately confirm receiving the offer acceptance, electronically. The customer can cancel the agreement, provided the company has not yet confirmed receiving this acceptance.
3. If the agreement is concluded electronically, the company shall put in place appropriate technical and organizational measures for making electronic data transfer secure, and shall ensure a safe internet environment. If the customer can make payment electronically, the company shall put appropriate security measures in place.
4. The company can make legally permitted inquiries as to whether the customer can meet their payment obligations, as well as into all those facts and factors which are important in concluding the distance agreement responsibly. If, on the basis of these checks, the company has good reason not to enter into the agreement, it shall be entitled to decline an order or request, or to attach special conditions to fulfilling it.
5. The company shall send the following information to the customer, no later than upon delivery of the product, service or digital content, in writing or in such a way that it can be stored by the customer in a retrievable form on a permanent data storage medium:
1. The physical address of the company registered office where the customer can go with complaints;
2. The conditions under which and the way in which the customer can exercise the right of cancellation, or a clear statement regarding the exemption from the right of cancellation;
3. Information about warranty and after-sales service arrangements;
4. The price of the product, service or digital content, including all taxes; where applicable, the cost of delivery; and the method of payment, delivery or fulfillment of the distance agreement;
5. Requirements for canceling the agreement if the agreement lasts more than one year or is indefinite;
6. If the customer has cancellation rights, the standard cancellation form.
6. In the case of a standing order, the provisions of the preceding paragraph apply only to the first delivery.
Article 6 – Cancellation rights
For products:
1. The customer can terminate an agreement to purchase a product during the cooling-off period of at least 14 days, without giving reasons. The company may ask the customer for the reasons for canceling, but not oblige them to give reasons.
2. The cooling-off period mentioned in paragraph 1 shall start on the day after the customer, or third party designated beforehand by the customer, who is not the courier, receives the product, or:
1. Where the customer has ordered several products in the same order: the day on which the customer, or third party designated by them, receives the final product. The company may, provided it has clearly informed the customer prior to ordering, decline an order for multiple products with different delivery times.
2. Where delivery for a product consists of several shipments or parts: the day on which the customer, or third party designated by them, receives the final shipment or part;
3. For agreements for regular delivery of products for a defined period: the day on which the customer, or third party designated by them, receives the first product.
For services and digital content not supplied on physical media:
1. The customer can cancel a service agreement, or an agreement for the supply of digital content that is not provided on physical media, during a minimum 14 day period, without giving reasons. The company may ask the customer the reason for canceling, but not oblige them to give reasons.
2. The cooling-off period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended cooling-off period for products, services and digital content that has not been supplied on physical media, if cancellation rights have not been advised:
1. If the company has not provided the customer with the legally required information concerning cancellation rights or the standard cancellation form, the cooling-off period shall end twelve months after the end of the original cooling-off period, determined in accordance with the preceding paragraphs of this article.
2. If the company has provided the customer with the information referred to in the preceding paragraph within twelve months of the starting date of the original cooling-off period, the cooling-off period shall expire 14 days after the day on which the customer receives that information.
Article 7 - Customer obligations during cooling-off period
1. The customer shall handle the product and packaging with care during the cooling-off period. The product shall only be taken out of its packaging, or used, to the extent necessary to determine the nature, characteristics and operation of the product. The principle here is that the customer may only handle and inspect the product as would be permitted in a store.
2. The customer is liable only for reduction in value of the product which results from handling the product in a manner which goes beyond what is permitted in paragraph 1.
3. The customer is not liable for reduction in value of the product if the company has not provided all legally required information about cancellation rights prior to or at the conclusion of the agreement.
Article 8 - Invoking cancellation rights by the customer, and costs for this
1. If the customer exercises the right to cancellation, this must be notified to the company within the cooling-off period using the standard cancellation form or other unambiguous means.
2. The customer shall return the product or hand it over to (an agent of) the company, as soon as possible, but within 14 days of notification as referred to in paragraph 1. This is not necessary if the company has offered to collect the product. The customer has in any event complied with the return period if the product is returned before the cooling-off period expires.
3. The customer shall return the product with all accessories supplied, if reasonably practicable in its original condition and packaging, and in accordance with any reasonable and clear instructions provided by the company.
4. The risk and burden of proof for the correct and timely exercise of cancellation rights lie with the customer.
5. The company shall bear the direct costs for returning the product and shall arrange for the product to be collected.
6. If the customer cancels after first having explicitly requested that the service provision, or supply of gas, water or electricity, if not off the shelf, commence with limited volumes or quantities during the cooling-off period, the customer will still be liable to the company for an amount that is proportional to that part of the obligation that was met by the company at the time of canceling, compared with fully meeting the obligation.
7. The customer shall not be liable for the cost of service provision or supply of water, gas or electricity, if not off the shelf, in limited volumes or quantities, or for the supply of district heating, if:
1. The company has not provided the customer with the legally required information concerning cancellation rights, reimbursing costs or the standard cancellation form, or;
2. The customer did not explicitly request service provision or supply of gas, water, electricity or district heating to commence during the cooling-off period.
8. The customer shall not bear any costs for the full or partial delivery of digital content not supplied on physical media, if:
1. Prior to delivery, the customer has not explicitly consented to fulfillment of the agreement commencing prior to the cooling-off period ending;
2. The customer has not acknowledged losing cancellation rights when granting permission;
3. Or the company has failed to confirm this customer declaration.
9. If the customer exercises cancellation rights, all supplementary agreements will terminate automatically.
• Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
• Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
• Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
• Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
5. Prices shown in the product or service offer include VAT.
Article 12 - Performance and extra warranty
1. The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements for reliability and/or usability, and the statutory provisions and/or government regulations in force on the date of entering into the agreement. If agreed, the company also guarantees that the product is suitable for using for other than normal applications.
2. Any extra guarantee provided by the company, its suppliers, manufacturer or importer shall at no time limit the legal rights and claims that the customer can exercise against the company under the agreement where the company has failed to fulfill its side of the agreement.
3. An extra guarantee is understood to mean any obligation on the company, its suppliers, importer or manufacturer where the customer is granted certain rights or claims that go beyond what is legally required, in the event that it fails to fulfill its side of the agreement.
- To Demoshop Ltd, Demostreet 1, A9 9AA Democity United Kingdom, [email protected], Fax: 01234/567890
- I / we [*] hereby give notice that I / we [*] cancel my / our [*] contract of sale of the following goods [*] / for the supply of the following service [*],
- Ordered on [*] / received on [*]
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
- Date
[*] Delete as appropriate
