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;

6. Standing order: an agreement covering the regular supply of goods, services and/or digital content over a defined period;
 
7. Permanent data storage medium: any media - including email - which allow the customer or company to store data which concerns them personally, in a way which allows future consultation or use during a period corresponding to the purpose for which the data is intended, and which allows unaltered reproduction of the stored data;
 
8. Cancellation rights: the customer’s ability to cancel the distance selling agreement within the cooling-off period;

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.

Article 9 - Company obligations on cancellation
 
1. If the company makes it possible for the customer to cancel electronically, it shall send confirmation of receipt of this immediately after receiving notification.
 
2. The company shall refund any payments made by the customer, including any delivery costs charged by the company for returning the product, immediately but in any case within 14 days from the day on which the customer notifies cancellation. Unless the company offers to collect the product, issuing the refund can wait until the product has been received back, or until the customer provides proof that product has been returned, whichever is earlier.
 
3. The company shall use the same payment method for refunds as the customer used, unless the customer agrees to a different method. Refunds shall be made free of charge to the customer.
 
4. If the customer opted for a more expensive method of delivery than the lowest cost standard delivery, the company shall not have to refund the additional cost of the more expensive method.
 
Article 10 - Exemption from cancellation rights
The right to cancel does not exist for the following contracts:
• 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.
 
Article 11 - Price
 
1. During the period of validity stated in the offer, prices for the products and/or services being offered shall not increase, except for price changes resulting from changes in the rate of VAT.
2. In derogation from the preceding paragraph, the company can offer products or services with variable prices that are subject to fluctuations in financial markets and over which the company has no influence. Any connection with fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
3. Price increases within 3 months after entering into the agreement are permitted only if they are the result of statutory regulations or provisions.
4. Price increases 3 months or more after entering into the agreement are permitted only if the company has stipulated this and:
 1. these are the result of statutory regulations or provisions; or
 2. the customer has the power to cancel the agreement with effect from the day on which the price increase takes effect.

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.

Article 13 - Delivery and fulfillment
 
1. The company shall take the greatest possible care when receiving and processing orders for products and when considering requests for the provision of services.
2. The place of delivery is the address which the customer has notified to the company.
3. Taking into account what is referred to in Article 4 of these general terms and conditions, the company shall process accepted orders with due speed, but no later than within 30 days, unless an alternative delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be fulfilled, the customer shall be notified of this no later than 30 days after placing the order. In this event, the customer has the right to cancel the agreement at no cost, and is entitled to a refund.
4. After canceling in accordance with the preceding paragraph, the company will immediately refund the amount paid by the customer.
5. Risk of damage and/or loss of products lies with the company up to the point of delivery to the customer or to a representative designated beforehand and notified to the company, unless explicitly agreed otherwise.
 
Article 14 - Standing orders: term, cancellation and extension Cancellation:
 
1. The customer can at any time cancel any agreement which has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and with a notice period of one month at most.
2. The customer can cancel any agreement which has been entered into for a defined period, and which involves the regular delivery of products (including electricity) or services, at any time towards the end of defined period, with due observance of the agreed termination rules and giving notice of one month at most.
3. Agreements referred to in the preceding paragraphs may be canceled by the customer:
 - at any time and not be limited to cancellation at a specific time or within a specific period;
 - as a minimum, using the same means as when entered into;
 - by giving notice as defined by the company itself.
 
Extension:
 
1. Any agreement which has been entered into for a defined period and which involves the regular delivery of products (including electricity) or services, may not be implicitly extended or renewed for a specific time.
2. In derogation from the preceding paragraph, any agreement entered into for a defined period and which involves the regular delivery of daily news and weekly newspapers and magazines may be implicitly extended for a specific period of a maximum of three months, provided the customer can cancel this extended contract towards the end of the extension period, by giving notice of one month at most.
3. Any agreement entered into for a defined period, and which involves the regular delivery of products or services, may only be implicitly renewed for an indefinite period if the customer may cancel at any time giving notice of one month at most. The notice period shall be at most three months if the agreement involves the regular, but less than once a month, delivery of daily and weekly newspapers and magazines.
4. Any agreement for the regular delivery of daily and weekly newspapers and magazines for a defined period (trial or introductory subscription) shall not be continued implicitly and shall end automatically after the trial or introductory period.
 
Duration:
 
1. If any agreement is for more than one year, the customer may cancel the agreement at any time after one year, giving notice of one month at most, unless reasonableness and fairness preclude cancellation before the end of the agreed period.
 
Article 15 - Payment
 
1. Unless stated otherwise in the agreement or additional conditions, any amount owed by the customer must be paid within 14 days from the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days from entering into the agreement. In the case of an agreement to provide a service, this period starts on the day after the customer has received confirmation of the agreement.
2. When selling products to customers, general terms and conditions may never force customers to pay more than 50% in advance. If payment in advance is required, the customer cannot exercise any rights regarding fulfillment of the relevant order or service(s), before the payment in advance has been made.
3. The customer has a duty to immediately report to the company any inaccuracies in payment information given or stated.
4. If the customer does not meet payment obligations in time, then, after being advised by the company of the overdue payment situation and the company having given the customer a further period of 14 days to settle the overdue payment, continued failure to pay within this 14-day period, means the customer shall be liable for statutory interest on the amount outstanding, and the company shall be entitled to charge any out of court recovery costs incurred. Recovery costs shall come to no more than: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the next €5,000, with a minimum of €40. The company may vary the amounts and percentages stated, in favor of the customer.
 
Article 16 - Complaints handling
 
1. The company has a widely available complaints procedure, and complaints shall be handled in accordance with it.
2. Complaints regarding fulfillment of the agreement must be made to the company with a full and clear description, within a reasonable time once the customer has discovered the defects.
3. Complaints made to the company shall be answered within 14 days of receipt. If a complaint requires a foreseeably longer time for processing, the company shall respond within 14 days reporting receipt and indicating when the customer can expect a more detailed answer.
4. The customer must allow the company at least 4 weeks to resolve a complaint through mutual consultation. Following this, a dispute shall have arisen which shall be subject to the dispute settlement procedure.
 
Article 17 - Disputes
 
1. Agreements between the company and the customer, to which these general terms and conditions apply, are governed exclusively under the law of the Netherlands.
 
Model Cancellation Form
- 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

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