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 JH Nature B.V. Aribica (hereinafter referred to as ‘Aribica’) through its web store at www.aribicacoffee.com. These conditions are filed with the Chamber of Commerce k.vk under number 91004152. These Terms and Conditions can be consulted on the internet at www.kvk.nl and will be sent upon first request.
1.2 The provisions in these Conditions may only be deviated from in writing by Aribica, 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 Alle aanbiedingen van Aribica zijn vrijblijvend en geschieden onder voorbehoud van beschikbaarheid van het product. Wanneer een product (tijdelijk) niet meer leverbaar is dan wordt u na de door u gedane bestelling per e-mail hierover geïnformeerd.
2.2 De door ons verstrekte informatie (o.a. afbeelding/omschrijving) met betrekking tot de aanbieding en/of het product is zo nauwkeurig mogelijk, maar kan niet meer dan een algemene voorstelling van de aanbieding en/of het product geven. Eventuele afwijkingen geven u dan ook niet het recht om de overeenkomst te ontbinden, behoudens en voor zover het recht van retour als aangegeven in artikel 5.3.
2.3 Een overeenkomst komt slechts tot stand na acceptatie
Artikel 3. Prijzen en betalingen
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 Aribica.
3.3 Aribica 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, Aribica 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 Aribica on the website and in the order confirmation are indicative. Exceeding the delivery period never leads to liability of Aribica and only gives you the right to dissolve the agreement if the exceedance exceeds 30 days.
4.2 Aribica 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, Aribica 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 Aribica 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 Aribica 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, Aribica 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 Aribica. 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 Aribica you will be credited within 14 days.
5.4 Aribica 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 Aribica is insured for this. This is only different if there is question of gross guilt or intention at Aribica and/or this explicitly follows from a (factory) guarantee agreed upon with you. Aribica is never liable for a higher amount than the order. You explicitly indemnify Aribica for any claim which third parties make against Aribica with regard to (the delivery of) the product.
Article 6. Force majeure
6.1 Without prejudice to its other rights, Aribica 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 Aribica being held to any compensation.
6.2 Force majeure is understood to mean any shortcoming that cannot be attributed to Aribica, 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 Aribica an address, Aribica is entitled to send all orders to that address, unless you submit in writing to Aribica 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 Aribica 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 Aribica, which shall be legally admissible, without prejudice to the applicability of the other provisions.
7.3 Aribica 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 Aribica.
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.
