Terms and Conditions

Index

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – The price
Article 10 – Conformity and Warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: Term, termination and extension
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: Calendar day;
4. Standing Agreement A continuous distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
7. Model form: the model withdrawal form provided by the trader that a consumer can complete if he wishes to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
9. ‘distance contract‘ means a contract whereby, within the framework of a system organised by the trader for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more distance selling techniques;
10. Technique for distance communication: means that can be used to conclude a contract without the consumer and trader meeting in the same room at the same time.
11. General Terms and Conditions: these General Terms and Conditions of the Entrepreneur.

Article 2 – Identity of the entrepreneur

Tutti Sensi B.V.

Aanslagsweg 22

7622LD Borne

Netherlands

T (06)1990-1110

E info@tuttisensi.nl / info@kaffeespezialist.com

Chamber of Commerce Enschede 88206467
Vat identification number NL864537918B01

Article 3 – Applicability

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the trader and will be sent free of charge as soon as possible at the request of the consumer.
3. If, contrary to the previous paragraph, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be read electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
4. If special product or service conditions apply in addition to these general terms and conditions, paragraphs 2 and 3 shall apply mutatis mutandis and the consumer may always invoke the most favourable applicable provision in the event of conflicting general terms and conditions.
5. If one or more provisions of these General Terms and Conditions are at any time wholly or partially invalid or are annulled, the remaining provisions of the Agreement and these General Terms and Conditions will remain in force and the relevant provision will be replaced immediately by mutual agreement with a provision that is as close as possible to the original provision.
6. Matters not governed by these Terms and Conditions will be assessed “in the spirit” of these Terms and Conditions.
7. Any ambiguity about the interpretation or content of one or more provisions of our General Terms and Conditions must be interpreted “in terms” of these General Terms and Conditions.

Article 4 – The offer

• If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
• The offer is subject to change. The entrepreneur is entitled to change and adjust the offer.
• The offer contains a complete and accurate description of the products and/or services offered. The description shall be sufficiently detailed to allow an adequate assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
• Please note that you are responsible for declaring and paying the coffee tax. Countries such as, but not limited to: Germany, Belgium and Denmark. In Germany you must declare your entry here: Bundeszollverwaltung In Belgium you must declare your import (within a week) here: Federal Public Service Customs and Excise Consult your local customs for import duties.
• In Germany, you must declare your entry here: Federal Customs
• All images, specifications and data in the quotation are indicative and cannot lead to compensation or dissolution of the agreement.
• The accompanying images are a faithful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.
• Each offer must contain such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the contract is concluded and what measures are necessary for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the contract;
  • the period for acceptance of the offer or the period within which the trader guarantees the price;
  • the amount of the fee for distance communication where the costs of using the technique for distance communication are calculated on a basis other than the standard basic rate for the means of communication used;
  • whether the contract is archived after its conclusion and, if so, what data the consumer can view;
  • the way in which the consumer can check and, if necessary, correct the data provided by him in the context of the contract before the contract is concluded;
  • all other languages in which the agreement can be concluded in addition to Dutch;
  • the codes of conduct to which the trader is subject and the way in which the consumer can consult those codes of conduct by electronic means; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the agreement of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer is able to pay electronically, the trader will observe appropriate security measures.
4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
5. The trader shall provide the consumer with the following information accompanying the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

   • the visiting address of the trader’s establishment to which the consumer can go with complaints;
   • the conditions under which and the way in which the consumer can exercise the right of withdrawal or a clear indication of the exclusion of the right of withdrawal;
   • the information about guarantees and existing after-sales service;
   • the information in Article 4(3) of those general terms and conditions, unless the trader has already provided that information to the consumer before the conclusion of the contract;
   • the conditions for termination of the agreement if the agreement has a term of more than one year or is of indefinite duration.

6. In the case of an ongoing business transaction, the provisions of the previous paragraph only apply to the first delivery.
7. Each contract shall be concluded subject to the suspensive condition of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When delivering products:

1. When purchasing products, the consumer has the option to dissolve the agreement within 14 days without giving reasons. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the trader.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product as much as necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – as far as reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he must inform the trader within 14 days of receipt of the goods. The consumer must communicate this via the standard form or by another means of communication, for example by e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove the timely return of the delivered goods, for example by proof of shipment.
4. If, after expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he has exercised his right of withdrawal or has not returned the product to the trader, the purchase shall be a fact.

When providing services:

1. In the case of delivery of services, the consumer has the option to dissolve the agreement without giving reasons within at least 14 days after the day on which the agreement is concluded.
2. In order to exercise his right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the trader in the offer and/or at the latest at the time of delivery.

Article 7 – Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, the costs of returning the goods will be borne by him at most.
2. If the consumer has paid an amount, the trader shall refund that amount as soon as possible, but no later than 14 days after the withdrawal. The condition is that the goods have already been received by the merchant or that sufficient proof of the complete return can be provided. The refund shall be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.
3. In case of damage to the product due to negligence of the consumer, the consumer is liable for the depreciation of the product.
4. The consumer cannot be held liable for the depreciation of the product if the trader has not provided all the legally required information on the right of withdrawal; This must be done before the conclusion of the sales contract.

Article 8 – Exclusion of the right of withdrawal

1. The trader may exclude the consumer’s right of withdrawal for products as defined in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

   • prepared by the trader in accordance with the consumer’s specifications;
   • which are clearly personal in nature;
   • which, by their very nature, cannot be returned;
   • that can spoil or age quickly;
   • the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
   • for individual newspapers and magazines;
   • for audio and video recordings and computer software of which the consumer has broken the seal;
   • for hygiene products of which the consumer has broken the seal.

3. The exclusion of the right of withdrawal is only possible for services:

   • concerning accommodation, transport, restaurant activities or leisure activities to be carried out on a certain date or during a certain period;
   • the delivery of which has begun with the express consent of the consumer before the withdrawal period has expired;
   • on bets and lotteries.

Article 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer variable prices for products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence. This dependence on fluctuations and the fact that the prices quoted are indicative shall be indicated in the tender.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are based on legal provisions or regulations.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

   • they result from legal provisions or regulations; or
   • The consumer has the right to terminate the contract with effect from the day on which the price increase takes effect.

5. The prices stated in the offer of products or services include VAT.
6. All prices subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 – Conformity and Warranty

1. The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions and / or government regulations existing at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. A guarantee from the trader, manufacturer or importer shall be without prejudice to the legal rights and claims that the consumer may assert against the trader under the contract.
3. Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 2 months of delivery. The products must be returned in their original packaging and in perfect condition.
4. The contractor’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice regarding the use or application of the products.
5. The warranty does not apply if:

   • the consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;
   • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the contractor’s instructions and/or have been handled at the packaging;
   • the inadequacy is wholly or partly the result of regulations made or to be made by the government with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement free of charge. The consumer is not entitled to compensation.
4. All delivery times are approximate. The consumer cannot derive any rights from the aforementioned conditions. Exceeding a deadline does not entitle the consumer to compensation.
5. In the event of dissolution as referred to in paragraph 3 of this Article, the trader shall refund the amount paid by the consumer as soon as possible, but no later than 14 days after the dissolution.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement article available. At the latest upon delivery, it is clearly and comprehensibly stated that a replacement item will be delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are at the expense of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or an authorized representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration transactions: duration, termination and extension

Cancellation

1. The consumer can terminate an agreement that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.
2. The consumer can terminate an agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, with due observance of the agreed termination rules and a notice period of at least one month.
3. The consumer may conclude the contracts referred to in the preceding paragraphs:

   • terminate at any time and are not limited to termination at a specific time or period;
   • at least as they were received from him;
   • always end with the same notice period that the entrepreneur has set for himself.

Expansion

1. A fixed-term contract relating to the regular supply of products (including electricity) or services cannot be tacitly renewed or renewed for a certain period of time.
2. By way of derogation from the previous paragraph, an agreement concluded for a definite period and relating to the regular delivery of daily and weekly newspapers and magazines may be tacitly renewed for a fixed period of no more than three months, if the consumer objects to this extension with a notice period of no more than one month.
3. A fixed-term contract concerning the regular delivery of products or services can only be tacitly renewed for an indefinite period if the consumer can terminate the contract at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement relates to the regular, but less than once a month delivery of daily, news and weekly newspapers and magazines.
4. A fixed-term contract for the regular delivery of daily, news and weekly newspapers and magazines (trial or test subscription) is not tacitly continued and ends automatically at the end of the trial or test period.

Expensive

1. If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

1. Unless otherwise agreed, the amounts owed by the consumer will be paid within 7 working days after the start of the cooling-off period referred to in Article 6(1). In the case of a service contract, this period starts after the consumer has received confirmation of the contract.
2. The consumer is obliged to report inaccuracies in payment details provided or stated to the trader without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
2. Complaints about the performance of the contract must be submitted fully and clearly described to the trader within 2 months after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. Where a complaint requires a foreseeable longer processing time, the trader shall reply within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be settled amicably, a dispute arises that is subject to the dispute settlement procedure.
5. In the event of complaints, a consumer must first contact the trader. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the competent authority. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
6. A complaint does not suspend the obligations of the contracting party, unless the contracting party declares otherwise in writing.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at his own discretion.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be at the expense of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.