GENERAL TERMS AND CONDITIONS
These General Terms and Conditions are effective as of October 2017.
Article 1 Definitions
In these terms and conditions the following definitions apply:
1. “Sales contract” means a sales contract whereby you buy products at a distance (such as via the webshop, by telephone or by e-mail) and these products are delivered by us (or by a third party);
2. “You”: a consumer (natural person) not acting in the course of a trade, business, craft or profession;
3. “Right of Withdrawal”: your opportunity to withdraw from the Purchase Agreement within the cooling-off period
4. “we”: the natural or legal person who offers you the products at a distance;
5. “Model withdrawal form” means the European Model withdrawal form included in Annex I of these Terms and Conditions;
Article 2 Who we are
FSK Webshops B.V.
Willem Hedastraat 23 1816KC Alkmaar
0857732082
info@thebaristashop.nl
56345860
Article 3 Applicability
1.These general terms and conditions apply to every offer made by us and to every Purchase Agreement concluded with you.
2.Before you buy anything from us, we bring these general terms and conditions and any specific product terms and conditions clearly to your attention. We must do this in such a way that you can download, print and save these general terms and conditions.
3.In the event of a conflict between the General Terms and Conditions and the specific product or service conditions, you may rely on the applicable provision which is the most favourable to you.
Article 4 The offer
1. If a product is only available temporarily or under certain conditions, this will be clearly stated on the product page.
2. The product page contains a complete and accurate description of the products offered. The description shall be sufficiently detailed to allow you to properly assess the product. If we use pictures, they must be truthful.
3.Each product page must be so clear that it is clear to you what your rights and obligations are when purchasing the product.
4.We are only not bound by mistakes or errors on the product page if it is obvious to you that this is a mistake or error.
Article 5 The Sales Agreement
1.The Purchase Agreement is concluded when you have accepted the purchase of the product and the associated terms and conditions.
2.After entering into the Purchase Agreement, we will send you an immediate confirmation of receipt by email.
3. We will ensure that you can order and pay safely and we will provide adequate technical and organizational security for all (personal) data.
4. Without prejudice to our other statutory information obligations, we will send you the following information in writing, at the latest upon delivery of the product:
our visiting address where you can lodge complaints;
the conditions under which and the way in which you may exercise the right of withdrawal, or a clear statement if the right of withdrawal is excluded;
The information on guarantees and existing after-sales service;
the price including all taxes of the product; the cost of delivery; the method of payment, delivery or performance of the Purchase Agreement;
if you have a Right of Withdrawal, the Model withdrawal form.
Article 6 Right of Withdrawal
1.You may revoke a Purchase Agreement with a cooling-off period of at least 14 days without giving reasons. We may ask you about the reason for withdrawal, but you do not have to answer.
2.The cooling-off period commences on the day after you, or a third party designated by you in advance:
a.received the product; or
b.if you have ordered multiple products in one order: the day on which you, or a third party designated by you, have received the last product;
c.if the delivery of a product consists of several shipments or parts: the day on which you, or a third party designated by you, received the last shipment or the last part;
d.in case of agreements for regular delivery of products during a certain period: the day on which you, or a third party designated by you, received the first product.
Article 7 Your obligations during the reflection period
1. During the cooling-off period you must handle the product and its packaging with care. You may only unpack or use the product if this is necessary to determine the nature, characteristics and operation of the product. The basic principle here is that you may only use and inspect the product as you would in a store.
2.If you do not handle the product with care, as set out in paragraph 1, and the product is damaged as a result, you are liable for the reduction in value of the product.
3.You shall not be liable for any reduction in the value of the product if we have not provided you with all legally required information about the Right of Withdrawal before or at the time of concluding the Purchase Agreement.
Article 8 Exercise of the Right of Withdrawal by you and the costs thereof
If you exercise your statutory right of withdrawal, you shall notify us thereof within the withdrawal period by means of the Model withdrawal form or in any other unambiguous manner.
2.You will return the product, or deliver the product to (an authorized representative of) us, within 14 days after the withdrawal.
3.You will return the product with all delivered accessories, as much as possible in original condition, packaging and according to the reasonable and clear instructions provided by us.
4.The risk and burden of proof of the correct and timely exercise of the Right of Withdrawal shall lie with you.
5.You will bear the direct costs of returning the product, except if we have not notified you that you have to bear these costs or if we bear these costs ourselves.
Article 9 Our obligations in the event of withdrawal
1.If you notify us that you wish to exercise the Right of Revocation, we will send you an acknowledgement of receipt by email immediately after such notification.
2.If you notify us within 14 days after receipt of the products that you wish to exercise your right of withdrawal, we will reimburse all payments made by you including any delivery costs within 14 days of your notification. If we offer to collect the product ourselves, we may wait to refund you until we have received the product or until you demonstrate that you have returned it.
3. We use the same means of payment as you have used for repayment, unless you agree to a different method of payment. The refund is free of charge for you.
4. If you have chosen a more expensive method of delivery than the cheapest standard delivery, we do not have to refund the additional costs for the more expensive method.
Article 10 Exclusion of right of withdrawal
We may exclude the following products from the Right of Withdrawal if we state this clearly on the product page:
a.Products which are manufactured according to your specifications, which are not manufactured and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person.
b.Products whose price is subject to fluctuations in the financial market over which we have no control and which may occur within the withdrawal period;
c.Products which spoil quickly or have a limited shelf life;
d.Sealed products which for reasons of health protection or hygiene are not suitable to be returned and of which the seal has been broken after delivery;
e.Products that after delivery by their nature are irrevocably mixed with other products;
f.Alcoholic beverages whose price was agreed upon at the conclusion of the Purchase Agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which we have no influence;
g.Sealed audio, video recordings and computer software, of which the seal has been broken after delivery;
h.Newspapers, magazines or journals.
Article 11 The price
1. During the period of validity of the offer mentioned on the product page, the prices of the offered products will not be increased, unless a price change is necessary as a result of changes in VAT rates.
2. We may offer products whose prices are subject to fluctuations in the financial market that are beyond our control at variable prices. This will be stated with the offer.
3. The prices mentioned on the product page are inclusive of VAT.
Article 12 Compliance with the Purchase Agreement and Additional Warranty
1. We guarantee that the products comply with the Purchase Agreement and with the specifications stated on the product page. We also guarantee that the products meet the reasonable requirements of soundness and/or usability, the statutory provisions and/or government regulations and any agreements made with you regarding other than normal use.
2.Extra guarantee means any commitment from us, our supplier, importer or producer in which they grant you certain rights or claims that go beyond what is legally required, in the event that we fail to fulfil our part of the Purchase Agreement.
3.An additional warranty shall never limit your statutory rights and claims.
Article 13 Delivery and Performance
1.We shall exercise the utmost care in the execution of the Purchase Agreement and the delivery of the products.
2.We will deliver the product to the address you have provided to us.
3.We will deliver the products as soon as possible and at the latest within 30 days. We may agree with you on a different delivery period.
4. If the delivery is delayed or an order is not or only partially carried out, you will receive notice as soon as possible, at the latest within 30 days after you placed the order.
5. After dissolution as referred to in the previous paragraph, we will immediately refund the amount you paid.
6. The risk of damage and/or loss of products rests with us up to the moment of delivery to you or to a representative previously designated by you and made known to us, unless otherwise agreed.
Article 14 Payment
1. You shall pay the amounts due within 14 days of the start of the cooling-off period, unless otherwise stipulated in the Purchase Agreement. If there is no cooling-off period, you shall pay the amounts due within 14 days of the conclusion of the Purchase Agreement, unless otherwise stipulated in the Purchase Agreement.
2.You may not be required to pay more than 50% in advance. If an advance payment is stipulated, you may not assert any rights regarding the execution of the order concerned before the stipulated advance payment has been made.
3. You are obliged to notify us immediately of any inaccuracies in payment details provided or stated.
4. If you do not meet your payment obligation(s) on time, we must point out the late payment and allow you a period of 14 days to meet your payment obligations. If you do not pay within this 14-day period, you will also owe the statutory interest on the amount owed. We may then charge you extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000, with a minimum of € 40. We may deviate from the said amounts and percentages to your advantage.
Article 15 Complaints procedure
1. Complaints about the execution of the Sales Agreement must be submitted to us, fully and clearly described, as soon as possible after you have discovered the defects.
2. We will respond to complaints submitted to us within 14 days of receipt. If we need a longer processing time, we will confirm within 14 days that we have received the complaint and give you an indication when you can expect a more detailed answer.
Article 16 Disputes
1. Purchase agreements concluded between you and us to which these general conditions relate are governed exclusively by Dutch law.
2. If the complaint cannot be solved by mutual agreement, the Dutch court in Alkmaar, or the competent court in the district where you live, is authorized to take cognizance of the dispute.
Article 17 Amendments and additions to general conditions
17.1 Amendments to these General Terms and Conditions shall only be effective after they have been published in the appropriate manner. If these amendments apply to you during the term of an offer, the provisions that are most favourable to you shall apply.
17.2 Additional or different provisions may not be to your detriment. They must be recorded in writing and it must be possible for you to save them.
Annex I: Model withdrawal form
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
To: [name of seller]
[geographical address of seller]
[fax number of seller, if available]
[email address or electronic address of seller]
I/We* hereby inform* you that I/We* have terminated our agreement regarding the sale of the following products:
*
revokes/revoked*.
Ordered on*/received on* [date of receipt for products].
[Name consumer(s)]
[Address of consumer(s)]
[Signature of consumer(s)] (only if this form is submitted on paper)
* Strike out what does not apply or fill in what applies.