General terms and conditions

Article 1 About

Welcome to Barista-Essentials. We have drawn up these terms and conditions so that you know exactly who you are ordering from and what your and also our rights and obligations are in doing so.

Barista-Essentials is a Private Company (Besloten Vennootschap (B.V.)) and is located at Hooghiemstraplein 132, 3514 AZ in Utrecht. You are welcome here by appointment.

The address of our website is: www.Barista-Essentials.com

You can reach Barista-Essentials in the following ways:

• E-mail : info@barista-essentials.com
• Telephone : +31-(0)30-3690738
• Facebook : https://www.facebook.com/baristaessentialsnederland
• Instagram : https://www.instagram.com/barista_essentials
• Via the contact form on our website.

Chamber of Commerce number : 92445864

VAT number : NL866048455B01

Article 2 Definitions

A number of terms appear more frequently in these general terms and conditions. We would like to explain these terms briefly below.

With the terms we, us and our, we mean Barista-Essentials and its team, as described in article 1 of these terms and conditions and also including the third party or parties appointed and/or hired by us. We are the user and owner of these general terms and conditions.

When we talk about you and your, we mean our customer. You are a consumer or a business customer. As a consumer, you are the natural person, not acting in a profession or business. The business customer is the legal entity or natural person, acting in the course of a profession or business. By you and your, we also mean a representative, appointed by you, who receives the order on your behalf and/or collects the order at a pick-up location.

The user (we) and the customer (you) together are referred to as parties.

A day means a calendar day, unless we explicitly refer to a working day.

For us, written means by e-mail or via our contact form.

By the right of withdrawal, we mean the possibility for you (exclusively for you as a consumer) to withdraw/cancel the distance contract within a period of 14 days, the so-called reflection period. A distance contract is concluded exclusively via one or more means of distance communication. In the case of a distance purchase, we are not (were) in the same room with you at the same time.

An offer of Barista-Essentials includes all offers and quotations in the broadest sense of the word.

All agreements made between the parties or an agreement concluded between the parties are called the agreement or contract, to which these general terms and conditions have been declared applicable.

Article 3 Applicability

These general terms and conditions apply inter alia:

• to all offers of Barista-Essentials;
• to all services of Barista-Essentials;
• to all agreements we conclude with you and;
• to our invoices.

These general terms and conditions also apply in case of additional work or a follow-up order. Before the distance contract is concluded, we will make these terms and conditions available to you, so that you can familiarise yourself with its contents in good time.

Deviation from these terms and conditions is only possible if the parties explicitly agree in writing. If the parties agree, the deviation will only apply to the agreement for which the deviation has been agreed. You cannot invoke this deviation in other (future) agreements with us.

We may unilaterally amend or supplement these general terms and conditions. Without the conclusion of an agreement, you cannot derive any rights from an earlier version of the general terms and conditions.

Your (general) terms and conditions do not apply to agreements you conclude with us.

Our general terms and conditions also apply if (the services of) third parties are used for the execution of the agreement.

If one or more provisions of these general terms and conditions are at any time partly or wholly void or annulled, the other provisions will remain fully applicable. The parties shall consult to agree on new provisions to replace the void or annulled provisions. The purpose and meaning of the original provisions will be respected as much as possible.

If we do not always require strict compliance of these general terms and conditions, this shall never result in the provisions thereof not (or no longer) applying or that we would in any way lose the right to require strict compliance of the provisions of these general terms and conditions in other cases.

Article 4 Our offer

You will find a large part of our range in our webshop. The offer in our webshop is always provided with all the necessary (detailed) information, so that you know exactly what you choose and pay for. More specifically this concerns:

• The price including taxes in euros and any other levies imposed by the government;
• The possible costs of delivery/shipment;
• The way in which the agreement will be concluded and which actions are necessary to do so;
• Whether or not the right of withdrawal is applicable to a product;
• The method of payment, delivery and performance of the agreement;
• The period for accepting the offer, or the period within which we guarantee the price;
• The way in which, before concluding the agreement, you can check the data you have provided and, if desired, rectify them.

We compile the website and our webshop with the utmost care. However, this does not mean that all information is always complete and/or fully correct. If there is an obvious error or mistake in our offer, we are not bound by it.

The images of our products are always indicative. We can never guarantee that the presentation in our webshop is exactly the same as the product to be delivered/delivered.

Our offer is without obligation, unless we explicitly state otherwise. If (additional) conditions are attached to our offer, we will always state this explicitly in and with the offer. Without the actual conclusion of an agreement, you cannot derive any rights from any offer.

Article 5 Conclusion of the agreement and duration of the agreement

An agreement is concluded

• as soon as you accept the offer in our webshop, whereby you accept the payment obligation and;
• you agree with our general terms and conditions and;
• if applicable, you have fulfilled any additional conditions.

All agreements are entered into, under the suspensive condition(s) of (sufficient) availability of the desired products.

In principle, agreements are entered into for a fixed term and therefore end by operation of law.

In case of an indefinite term agreement, you always have the possibility to terminate it, subject to one month’s notice. Notice of termination must be given in writing by sending an e-mail to info@baristaessentials.nl.

Article 6 Execution of the agreement, order confirmation, delivery and shipping costs

We execute the agreement according to the requirements of good craftsmanship.

We are allowed to use (the services of) third parties for the execution of the agreement. Should there be extra costs as a result of using these (services of) third parties, we will inform you of this in good time and in advance.

We only execute the agreement for your benefit. Third parties cannot derive any rights, under any name or title whatsoever, from (the contents of) the work performed/delivered by us.

Execution and delivery deadlines are always indicative. Should it happen that we fail to meet a certain deadline, this does not entitle you to any form of compensation.

If you have placed an order in our webshop, we will send you a digital confirmation of receipt as soon as possible.

In the unlikely event that we are unable to process the order or only partially process it, we will inform you as soon as possible and in writing.

Unless you have agreed to a longer delivery period, you will receive your order(s) no later than 30 days, provided there is sufficient stock. Of course, we always do our utmost to deliver your order as soon as possible and preferably within a few days. However, our delivery times are always indicative and never strict deadlines.

All orders are handled and processed with the greatest possible care. For delivery, the address which you have made known to us will apply as the place of delivery. It is always your responsibility to provide us with the correct information.

In the unlikely event that a product is no longer available, we might contact you to offer you an alternative product. You are of course not obliged to accept this alternative. If no alternative is available or if you prefer not to accept it and you have already paid for this product, we will refund the amount of the product that is no longer available to you within 10 days to the bank account number with which you made the (down)payment. If the undeliverable product is the only one in your order, we will also refund the shipping costs you paid.

The risk of damage and/or loss of products lies with us until the products have been delivered to the address communicated by you in advance and/or the products have been picked up by you or a representative appointed by you at a pick-up location. You and/or the third party to whom you have had the order sent checks the order immediately.

In case of an opened packaging or damage to the packaging and/or the product, you must have a note made by the shipper or delivery person before accepting the order. Should it turn out that there is a defect in/to the order, we ask you to report this to us in writing as soon as possible.

We have a best-efforts obligation and a delivery obligation. Therefore, we cannot guarantee that our products will meet your expectations. After all, expectations are personal and tastes may differ. You are therefore not entitled to compensation or damages if our service/products do not meet your expectations. 

We use an external party for the delivery of our goods. It is our preference that all orders you place are delivered to you very quickly. However, external parties may have to deal with extreme pressure, e.g. around the holiday season. As a result, you may have to wait a little longer for your order. We therefore always advise you to order on time to avoid disappointment.

You are responsible for ensuring that the actual delivery of products ordered by you can take place on time.

The shipping and/or transport costs are at your expense, unless the parties have explicitly agreed otherwise.

Article 7 Conformity and warranty

We guarantee that all our products comply:

• to the agreement;
• to the specifications we stated with the product;
• to the reasonable requirements of soundness and/or usefulness and;
• to the legal provisions and/or regulations applicable and valid at the time of the conclusion of the agreement.

If applicable, our warranty period corresponds to the warranty period of our (suppliers/manufacturers). You cannot hold us responsible for the ultimate suitability of products for each individual application by you as a consumer. Nor can you hold us responsible for any advice regarding the use of products or their application.

The guarantee lapses the moment that:

• You have altered and/or modified the products or had this done by third parties;
• You have exposed our products to abnormal conditions;
• You have not or not correctly followed our instructions and/or regulations and/or those of our manufacturer/supplier;
• There is normal wear and tear on the product and/or a part thereof.

In addition to the warranty given by us and/or that of our suppliers, your legal rights and claims under our agreement remain.

Article 8 Right of withdrawal

If you (applicable to consumers only!) have placed an order in our web shop, you have the possibility, upon delivery of products, to dissolve the agreement without giving reasons within 30 days. This cooling-off period commences on the day after you or the representative previously notified to us have received the products. If you have ordered several products and these consist of different deliveries, the cooling-off period commences on the day on which you received the last product.

If we have sealed the packaging in the broadest sense of the word, the right of withdrawal expires as soon as this seal is broken.

For products that are not sealed and/or for which the right of withdrawal is not excluded, we expect you to handle the product and its packaging with care during the cooling-off period. You shall only unpack or use the product to the extent necessary to judge whether you wish to keep the product or not.

If you wish to exercise the right of withdrawal, you have to notify us within 14 calendar days of receipt via our returns portal. You are then requested to return the product within 14 calendar days of notification. For the return, please use our return labels. You are obliged to keep the proof of posting. If we do not receive the product within 14 calendar days, the right of withdrawal expires and the purchase is irrevocable.

Article 9 Costs of withdrawal

The costs for the return shipment are in principle entirely for your account, unless you use our return labels for the Netherlands, Belgium or Germany. In that case, we will bear the costs of the return shipment.

If you have paid shipping costs upon delivery of your order and you return the entire order, we will also refund these shipping costs. If you only return part of the order, we will not refund the shipping costs.

If we have received the product(s) on time and undamaged and, if applicable still with a seal, we will refund you within 14 calendar days after revocation.

The refund will be made by us using the same payment method you used at the time of purchase, unless you explicitly agree in writing to a different payment method.

If the product(s) has been damaged or if you have handled it/they carelessly and/or the seal has been broken, you are responsible for any reduction in value, unless you have not received all legally required information from us about the right of withdrawal. After all, this should be done before the conclusion of the purchase agreement.

Article 10 Exclusion of the right of withdrawal

We shall inform you in good time on our website and in any case before the conclusion of the agreement whether the right of withdrawal is applicable or excluded.

In any case, products which we have manufactured especially for you at your request are excluded from the right of withdrawal. You are not entitled to invoke the right of withdrawal.

Products personalised for you in the broadest sense of the word are also excluded from the right of withdrawal.

Products that can spoil quickly are also excluded from the right of withdrawal.

Article 11 Prices and payment

Unless explicitly stated otherwise, all prices are:

•  in euros;
•  Including VAT;
•  Exclusive of any shipping/delivery costs;
•  Exclusive of any other government levies;
•  Exclusive of any costs we have to incur (extra) when executing the order.

We are entitled to adjust our (unit) prices and hourly rates in the interim. Without the conclusion of an agreement, you cannot derive any rights from a previous action and/or pricing.

Increases in the cost prices of Barista-Essentials’ products or parts thereof that we could not foresee while making the offer and before concluding the agreement, may give rise to price increases. You, our consumer customer, then have the right to dissolve the agreement, unless the increase is the result of a legal regulation.

If we carry out work for you, the price of that work will be invoiced on the basis of the number of hours actually spent, at the hourly rate valid at that time, unless the parties have expressly agreed otherwise in writing.

If we agree on a total price for carrying out work, this is always a guide price, unless the parties have explicitly agreed on a fixed price in writing. We are entitled to deviate 10% from the guide price. Should the guide price deviate by more than 10%, we will inform you in good time. You then have the right to cancel that part of the assignment that exceeds the guide price more than 10%.

You will only receive our invoices digitally.

Orders you place in our web shop, will be paid by you immediately. To do so, you use our online payment environment. You can choose from various payment methods.

In case of payment after delivery, we apply a payment term of 14 days.

We are entitled to ask you for a deposit or a guarantee. Your order will be processed upon receipt of this deposit or guarantee.

If you do not pay in full or on time, we will point this out to you. You will then be given another 14 days to fulfil your payment obligation. If you still have not paid by then, you will owe us statutory interest on the outstanding amount after the expiry of those 14 days until you pay the amount. We will also charge you the extrajudicial collection costs incurred by us.

These collection costs amount to a maximum of:

• 15% over outstanding amounts up to € 2.500,00;
• 10% over the next € 2.500,00;
• 5% over the next € 5.000,00;
• In each case with a minimum of € 40,00.

As soon as you are in default, we are entitled to invoke the right of claim in respect of the unpaid and already delivered products. If we do so, this will be done by means of a written or electronic notification. As soon as we have notified you of the invoked right of complaint, you shall return to Barista-Essentials all products to which this right relates at that moment, unless parties have explicitly agreed otherwise in writing. The costs involved will be entirely for your account.

Moreover, as long as you have not paid the invoice in full, we retain full ownership (retention of title) of all goods delivered and to be delivered. Any damage and/or destruction of these goods shall be entirely at your risk and expense. As long as ownership of the products has not passed to you, you are not allowed to pledge these products to third parties or encumber them for the benefit of others. You give us your unconditional and irrevocable permission to enter all those places where our property is located when we wish to exercise our property rights. We also have the right to take all our property in such cases.

You do not have the right to set off an invoice against an (alleged) claim on Barista-Essentials.

Should you disagree with the invoice amount, you have to inform us of this in writing and within 7 days of receiving the invoice. However, a complaint about the invoice does not suspend your payment obligation.

Article 12 Right of retention

We have the right to invoke our right of retention and in that case retain products from you until such time as you have paid all outstanding invoices to us, unless you have provided sufficient security for those costs.

If we exercise the right of retention, we will not owe you any form of compensation should you suffer any damage as a result.

Article 13 Intellectual property rights

Intellectual property rights, is a collective term for rights resting on a work. They protect the person who created the work against the use, copying or exploitation of that work by others without the creator’s consent.

All intellectual property rights, resulting from the agreement, belong to us and/or our licensors. This also applies to unimplemented concepts and/or proposals. All intellectual and industrial property rights relating to but not limited to the website, our products, our expressions and the content of our knowledge base belong to us and/or our licensors.

For any infringement of our intellectual property rights, we are entitled to claim an immediately payable fine of €10,000 (in words: ten thousand euros), without losing the right to compensation for any other damage suffered, including direct and indirect damage, as well as the actual judicial and extrajudicial costs.

Article 14 Suspension and termination of the agreement

We have the right to suspend or terminate the agreement with immediate effect if:

• you do not, not fully or not in a timely manner fulfil your obligations under the agreement or;
• due to delay on your part, we can no longer be expected to fulfil the agreement on the original terms or;
• circumstances occur which are of such a nature that fulfilment of the agreement is impossible.

If we do so, we will in no case be obliged to compensate you for any damage or resulting costs.

Article 15 Force majeure

Shortcomings in the fulfilment of the agreement cannot be attributed to us if they are not due to our fault, nor are they for our account by virtue of the law, the agreement or generally accepted practice (force majeure).

In these general terms and conditions, force majeure means, in addition to what is understood in the Dutch law and jurisprudence, all external causes, foreseen and unforeseen, over which I cannot exercise any influence and as a result of which I am unable to fulfil my obligations in accordance with the agreement.

When there is force majeure on our side, we have the option to temporarily suspend the performance of the agreement. If the force majeure on our side lasts longer than thirty (30) days, the parties have the right to dissolve the agreement. We will inform you of this in good time and in writing.

However, in case of force majeure, we do not owe you any (additional) (compensation). We do retain the right to charge you for products already delivered or services already rendered.

Article 16 Complaints

Should you have a complaint, Barista-Essentials has a complaints procedure for such situations.

It is your responsibility to report a complaint to us in writing within seven (7) after you have found a defect in a product or an incorrectly delivered product. We ask you to describe your complaint fully and clearly. You will receive feedback from us within fourteen (14) days after we have received your complaint.

You give us at least four (4) weeks to resolve a complaint in mutual consultation with you. If after this four (4) week period the complaint has not been resolved, a dispute arises. Filing a complaint does not mean that the parties’ rights and obligations lapse.

If we consider your complaint to be justified, we will replace or refund the product free of charge. Whether we replace or refund the product is entirely at our discretion.

Article 17 Parking costs and travel expenses

We are entitled to charge you for any parking costs and/or travel expenses we incur during the execution of the agreement, unless we explicitly agree otherwise in writing.

For travel expenses, we apply the kilometre allowance as determined by the government for the period(s) to which the agreement relates, unless we make other explicit and written arrangements with you.

We do not charge for travelling time.

Article 18 Privacy policy

Your privacy is very important to us and we handle your data with care. You can read how we do this in the privacy statement on our website.

Article 19 Disputes

Agreements between you and us, to which these general terms and conditions relate, are exclusively governed by Dutch law. In the event of a dispute, the parties will make every effort to reach a mutual solution. If this fails, the dispute will be submitted to the competent court within the district where we are established, unless the law provides otherwise.

If there is a discrepancy between the Dutch version of these general terms and conditions and the English version, the Dutch version shall prevail

Version 1.2, April 2024.