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General Terms and Conditions
Article 1. Applicability
1.1 These general terms and conditions ('Terms and Conditions') apply, to the exclusion of any other (general) terms and conditions, to all offers, orders, agreements and deliveries of/at/with/by The Golden Coffee Box B.V. Boot Koffie (hereinafter referred to as 'Boot Koffie') through its web store at www.bootkoffie.nl. These conditions are filed with the Chamber of Commerce Gooi-, Eem- and Flevoland under number 31037992. These Terms and Conditions can be consulted on the internet at www.bootkoffie.nl and will be sent upon first request.
1.2 The provisions in these Conditions may only be deviated from in writing by Boot Koffie, in which case the other provisions shall remain in full force.
1.3 By accepting an offer and/or placing an order, you accept the applicability of these Conditions.
Article 2. Offers/orders/agreements
2.1 All offers of Boot Koffie are without engagement and are made subject to availability of the product. When a product is (temporarily) out of stock, you will be informed by e-mail after you have placed your order.
2.2 The information provided by us (including image / description) regarding the offer and / or the product is as accurate as possible, but can not provide more than a general presentation of the offer and / or the product. Any deviations do not give you the right to dissolve the agreement, except and insofar as the right of return as indicated in article 5.3.
2.3 An agreement is only realized after acceptance of your order by Boot Koffie. Boot Koffie is entitled to refuse orders or to attach certain conditions to the agreement. Boot Koffie will confirm the realization of the agreement and its contents to you by e-mail within 10 days after the realization, whereby the administration of Boot Koffie is decisive.
Article 3. Prices and payments
3.1 The prices mentioned for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any other taxes or levies, unless otherwise stated or agreed in writing.
3.2 Payment can be made in (one of) the way(s) as indicated during the ordering process. Further (payment or order) conditions may be attached to your order. In case of payment by bank or giro, the date of payment is the date of crediting the giro or bank account of Boot Koffie.
3.3 Boot Koffie expressly reserves the right to change prices, in particular when this is necessary under (legal) regulations.
3.4 If you are in default with any payment, Boot Koffie is entitled to suspend or to dissolve (the execution of) the concerning agreement and related agreements.
Article 4. Delivery/ownership reservation
4.1 The delivery times given by Boot Koffie on the website and in the order confirmation are indicative. Exceeding the delivery period never leads to liability of Boot Koffie and only gives you the right to dissolve the agreement if the exceedance exceeds 30 days.
4.2 Boot Koffie is authorized to make use of third parties for the delivery of your order(s). If you are not present at the time of delivery, Boot Koffie is entitled to transfer the order to third parties at your address or adjacent address after signing the delivery note. The risk in respect of the products shall pass to you after signing by you or by third parties.
4.3 The ownership of delivered products passes only if you have fulfilled all that you owe to Boot Koffie under any agreement.
Article 5. Complaints, right of return and liability
5.1 Upon delivery you should examine whether the product meets the agreement. If this is not the case, you must inform Boot Koffie as soon as possible but in any case within seven (14) working days after delivery, at least after observation was reasonably possible, in writing (e-mail) and with motivation.
5.2 If it is demonstrated that the product does not comply with the agreement, Boot Koffie has the choice of replacing the product concerned by a new product or refunding the invoice value.
5.3 Agreements can be dissolved without giving any reason within seven (7) days after delivery of the product, by returning the delivered product to Boot Koffie. Dissolution is only possible if the returned product is unused and the (original) packaging is unopened (coffee, tea and related products with a limited shelf life) and undamaged. The costs for return shipments are for your account. If the return is received and accepted by Boot Koffie you will be credited within 14 days.
5.4 Boot Koffie is only liable towards you and/or third parties for any damage howsoever named and/or arising with regard to (the delivery of) the product if and insofar as Boot Koffie is insured for this. This is only different if there is question of gross guilt or intention at Boot Koffie and/or this explicitly follows from a (factory) guarantee agreed upon with you. Boot Koffie is never liable for a higher amount than the order. You explicitly indemnify Boot Koffie for any claim which third parties make against Boot Koffie with regard to (the delivery of) the product.
Article 6. Force majeure
6.1 Without prejudice to its other rights, Boot Koffie has the right in case of force majeure, at its own choice, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, by informing you in writing (e-mail) and without Boot Koffie being held to any compensation.
6.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Boot Koffie, because it is not due to its fault and is not for its account under the law, legal act or generally accepted practice. Force majeure also includes all problems resulting from the use of the Internet, including mutilations of information, delays, non-accessibility web store / website and / or other failures etc.
Article 7. Miscellaneous
7.1 If you submit in writing to Boot Koffie an address, Boot Koffie is entitled to send all orders to that address, unless you submit in writing to Boot Koffie another address to which your orders should be sent.
7.2 If one or more of the provisions of these Conditions or any agreement with Boot Koffie is void and/or voidable, the provision concerned shall cease to have effect and shall be replaced by a new comparable provision to be determined by Boot Koffie, which shall be legally admissible, without prejudice to the applicability of the other provisions.
7.3 Boot Koffie records your data, such as name, address and e-mail address, in a database. Your data will be used for the execution of the agreement entered into with you. Your data will not be passed on to third parties without your express permission. The law protection personal data is fully applicable to this.
Article 8. Applicable law and competent court
8.1 Dutch law applies exclusively to all rights, obligations, offers, orders and agreements with Boot Koffie.
8.2 All disputes between parties shall be submitted exclusively to the competent court in the Netherlands, to the exclusion of all other arbitration, advisory and judicial bodies.
8.3 The Vienna Sales Convention is expressly excluded.