1. General
1.1 These general terms and conditions apply to all offers made by Bartsbeans.nl. The terms and conditions are accessible to anyone and included on Bartsbeans’ web site.
1.2 By placing an order, you indicate that you agree to the terms of delivery and payment. Bartsbeans reserves the right to change its delivery and/or payment terms after the expiration of the term.
1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Bartsbeans.
1.4 Bartsbeans guarantees that the product delivered complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery takes place while supplies last and when the total amount for the order has been paid, unless otherwise agreed.
2.2 Under the rules of distance selling, Bartsbeans will execute orders at least within 14 days. If this is not possible (because the items ordered are out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially carried out, the consumer will be notified within 14 days of placing the order and in that case he has the right to cancel the order without cost and notice.
2.3 Bartsbeans’ obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Bartsbeans have been offered once to the buyer. In the case of home delivery, the carrier’s report of refusal of acceptance shall serve as full proof of the offer to deliver.
2.4 All deadlines mentioned on the Internet site, for example, the delivery period. are indicative. No rights can therefore be derived from the deadlines mentioned.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make it necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in Euros and include 9% VAT or 21% VAT unless otherwise stated.
4. Trial period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 BW), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving reasons. This period begins when the ordered items are delivered. If the buyer has not returned the delivered goods to Bartsbeans after this period has expired, the sale is a fact. The buyer is obliged, before proceeding to return, to notify Bartsbeans in writing within the period of 14 working days after delivery. The buyer must prove that the delivered items were returned in a timely manner, for example by means of proof of postal delivery. Items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way at the buyer’s premises, the right to rescission within the meaning of this paragraph shall lapse. Subject to what is provided in the previous sentence, Bartsbeans will ensure that within 30 days after proper receipt of the return, the full purchase amount including the calculated shipping costs will be refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of dissolution, as described in the previous paragraph, relates only to the goods delivered and shall in no case relate to services.
4.3 The right of withdrawal does not apply to:
- Services the performance of which, with the consent of the consumer, began before the deadline of seven working days
- Goods or services whose price is subject to fluctuations in the financial market over which the supplier has no control
- Goods manufactured to the consumer’s specifications, e.g. customization, or of a clearly personal nature
- For goods or services that by their nature cannot be returned, e.g. because of hygiene or that can spoil or age quickly such as fresh coffee beans.
5. Data management
5.1 If you place an order with Bartsbeans, your details will be included in Bartsbeans’ customer database. Bartsbeans complies with the Personal Data Protection Act.
5.2 Bartsbeans respects the privacy of the users of the Internet site and ensures confidential treatment of your personal data.
5.3 Bartsbeans uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty and conformity
6.1 The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement.
6.2 An arrangement offered as a guarantee by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer can assert against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur on the basis of the law and / or the distance contract.
6.3 The buyer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, faulty or incomplete, the buyer (before proceeding to return it to Bartsbeans) must immediately notify Bartsbeans of these defects in writing. Any defects or wrong goods delivered should and can be reported in writing to Bartsbeans no later than 2 months after delivery. Items must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after the discovery of default, damage occurring after the discovery of default, encumbrance and/or resale after the discovery of default shall completely void this right to complain and return.
6.4 If complaints by the purchaser are found by Bartsbeans to be well-founded, Bartsbeans will, at its discretion, either replace the delivered goods free of charge or make a written arrangement with the purchaser about compensation, on the understanding that Bartsbeans’ liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or (at Bartsbeans’ discretion) to the maximum amount covered in the case in question by Bartsbeans’ liability insurance. Any liability of Bartsbeans for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damage or damage due to lost profits.
6.5 Bartsbeans is not liable for damage caused by intentional or equivalent deliberate recklessness of non-managerial personnel.
6.6 This warranty does not apply if: A) and as long as the customer is in default to Bartsbeans; B) the customer has repaired and/or modified the delivered goods himself or had them repaired and/or modified by third parties. C) the delivered items have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to Bartsbeans’ instructions and/or instructions for use on the packaging; (D) the defectiveness results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used;
7. Offers
7.1 Offers are without obligation unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Bartsbeans reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of such acceptance.
7.3 Verbal commitments bind Bartsbeans only after they have been expressly confirmed in writing.
7.4 Offers from Bartsbeans do not automatically apply to repeat orders as well.
7.5 Bartsbeans cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
7.6 Additions, modifications and/or further agreements shall be effective only if agreed in writing.
8. Agreement
8.1 An agreement between Bartsbeans and a client is established after an order assignment has been assessed for feasibility by Bartsbeans.
8.2 Bartsbeans reserves the right, without giving reasons, not to accept orders or assignments or to accept them only under the condition that the shipment is made cash on delivery or after advance payment.
9. Images and specifications
9.1 All images; photographs, drawings, etc.; including data on weights, dimensions, colors, images of labels, etc. on the Bartsbeans internet site are approximate only, are indicative and cannot be a reason for compensation or dissolution of the agreement.
10. Force Majeure
10.1 Bartsbeans is not liable if and insofar as its commitments cannot be fulfilled as a result of force majeure.
10.2 Force majeure means any foreign cause, as well as any circumstance, which should not reasonably be at its risk. Delay at or failure to perform by our suppliers, internet disruptions, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Bartsbeans as well as auxiliaries, sickness of personnel, deficiencies in auxiliary or transport means are expressly considered force majeure.
10.3 Bartsbeans reserves the right in the event of force majeure to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be changed in such a way that execution remains possible. Under no circumstances shall Bartsbeans be liable to pay any penalty or compensation.
10.4 If at the onset of force majeure Bartsbeans has already partially fulfilled its obligations, or can only partially fulfill its obligations, it is entitled to invoice separately what has already been delivered or the deliverable part, as the case may be, and the buyer is bound to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.
11. Liability
11.1 Bartsbeans is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, read the instructions on the package and/or consult our website.
12. Retention of title
12.1 Ownership of all items sold and delivered by Bartsbeans to the customer remains with Bartsbeans as long as the customer has not paid Bartsbeans’ claims under the agreement or previous or subsequent similar agreements, as long as the customer has not paid the work performed or yet to be performed under this or similar agreements, and as long as the customer has not paid Bartsbeans’ claims for failure to fulfill such obligations, including claims relating to fines, interest and costs, all as referred to in Article 3:92 BW.
12.2 Goods delivered by Bartsbeans which are subject to retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
12.3 The customer is not authorized to pledge or otherwise encumber the goods subject to retention of title.
12.4 The buyer gives unconditional and irrevocable permission to Bartsbeans or a third party to be appointed by Bartsbeans, in all cases where Bartsbeans wishes to exercise its property rights, to enter all those places where its property will then be located and to take those goods there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the Customer is obliged to inform Bartsbeans as soon as may reasonably be expected.
12.6 The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection by Bartsbeans on first request.
13. Applicable law/competent court.
13.1 All legal relationships to which Bartsbeans is a party are exclusively governed by Dutch law. This also applies if an obligation is performed in whole or in part abroad or if the Other Party is domiciled abroad.
13.2 The applicability of the Vienna Sales Convention is excluded.
13.3 Disputes between Bartsbeans and the Other Party will be submitted exclusively to the competent court in the district of Noord-Holland, unless the law imperatively requires otherwise.
