T&C | CREW DE LA CREMA

Terms and conditions

CREW DE LA CREMA: CREW DE LA CREMA, established in Jan van Galenstraat 99-3, Chamber of Commerce no. 87017911
Customer: the person with whom CREW DE LA CREMA has entered into an agreement.
Parties: CREW DE LA CREMA and customer together.
Consumer: a customer who is an individual acting for private purposes.Applicability
These terms and conditions will apply to all quotations, offers, activities, orders, agreements, and deliveries of services or products by or on behalf of CREW DE LA CREMA.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

Prices

All prices used by CREW DE LA CREMA are in euros or Canadian dollars, are inclusive of sales tax (VAT, GST), and exclusive of any other costs such as administration costs, levies, and travel-, shipping-, or transport expenses, unless expressly stated otherwise or agreed otherwise.
CREW DE LA CREMA is entitled to adjust all prices for its products or services, shown in its shop, on its website, or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which CREW DE LA CREMA could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Samples / models If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Consequences of late payment
If the customer does not pay within the agreed term, CREW DE LA CREMA is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to CREW DE LA CREMA.
The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
If the customer does not pay on time, CREW DE LA CREMA may suspend its obligations until the customer has met his payment obligation.
In the event of liquidation, bankruptcy, attachment, or suspension of payment on behalf of the customer, the claims of CREW DE LA CREMA on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by CREW DE LA CREMA, he is still obliged to pay the agreed price to CREW DE LA CREMA.

Right of recovery of goods

As soon as the customer is in default, CREW DE LA CREMA is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
CREW DE LA CREMA invokes the right of recovery by means of a written or electronic announcement.
As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to CREW DE LA CREMA, unless the parties agree to make other arrangements about this.
The costs for the collection or return of the products are at the expense of the customer.

Right of cancellation

A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

the product has not been used
it is not a product that can spoil quickly, like food or flowers
the product is not specially tailored for the consumer or adapted to its special needs
it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
the seal is still intact when the product is a data carrier with digital content (DVDs, CDs, etc.)
the product is not a (holiday) trip, a transportation ticket, a catering order, or a form of leisure activity
the product is not a separate magazine or a loose newspaper
the purchase does not concern an (assignment to) urgent repair
the consumer has not renounced his right of cancellation

The reflection period of 14 days as referred to in paragraph 1 commences:

on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has received the first the product of a subscription
as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed the purchase of digital content via the internet

The consumer can notify his right of cancellation via info@dakcoffeeroasters.com, if desired by using the withdrawal form that can be downloaded via the website of CREW DE LA CREMA, www.crewdelacrema.com
The consumer is obliged to return the product to CREW DE LA CREMA within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
The costs for return are due to CREW DE LA CREMA if the complete order is returned.
If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, CREW DE LA CREMA will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to CREW DE LA CREMA in time.

Suspension of obligations by the customer The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
CREW DE LA CREMA can appeal to its right of retention of title and in that case retain the products sold by CREW DE LA CREMA to the customer until the customer has paid all outstanding invoices with regard to CREW DE LA CREMA, unless the customer has provided sufficient security for these payments.
The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to CREW DE LA CREMA.
CREW DE LA CREMA is never liable for any damage that the customer may suffer as a result of using its right of retention of title.
Settlement The customer waives his right to settle any debt to CREW DE LA CREMA with any claim on CREW DE LA CREMA.Retention of title
CREW DE LA CREMA remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to CREW DE LA CREMA under whatever agreement with CREW DE LA CREMA, including claims regarding the shortcomings in the performance.
Until then, CREW DE LA CREMA can invoke its retention of title and take back the goods.
Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If CREW DE LA CREMA invokes its retention of
Delivery 1. Delivery takes place while stocks last. 2. Delivery takes place at CREW DE LA CREMA unless the parties have agreed upon otherwise. 3. Delivery of products ordered online takes place at the address indicated by the customer. 4. If the agreed price is not paid on time, CREW DE LA CREMA has the right to suspend its obligations until the agreed price is fully paid. 5. In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by CREW DE LA CREMA. Delivery period 1. Any delivery period specified by CREW DE LA CREMA is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing. 2. The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from CREW DE LA CREMA. 3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract unless CREW DE LA CREMA cannot deliver within [number of days late] or if the parties have agreed upon otherwise. Actual delivery The customer must ensure that the actual delivery of the products ordered by him can take place in time. Transport costs Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise. Packaging and shipping 1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which CREW DE LA CREMA may not be held liable for any damage. 2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to CREW DE LA CREMA, failing which CREW DE LA CREMA cannot be held liable for any damage. Insurance Storage 1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer. 2. Any extra costs as a result of premature or late purchase of products are entirely at the customer's expense. Guarantee 1. The warranty relating to products only applies to defects caused by faulty manufacture, construction, or material. 2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence, or improper use by the customer, or when the cause of the defect cannot clearly be established. 3. The risk of loss, damage, or theft of the products that are the subject of an agreement between the parties will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer. Exchange 1. Exchange is only possible if the following conditions are met: · exchange takes place within 7 days after purchase upon presentation of the original invoice · the product is returned in the original packaging or with the original (price) tags still attached to it · the product has not been used 2. Discounted items, non-shelf articles such as food, custom made items, or specially adapted articles for the customer and coffee cannot be exchanged. Indemnity The customer indemnifies CREW DE LA CREMA against all third-party claims that are related to the products and/or services supplied by CREW DE LA CREMA. Complaints 1. The customer must examine a product or service provided by CREW DE LA CREMA as soon as possible for possible shortcomings. 2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform CREW DE LA CREMA of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 3. Consumers must inform CREW DE LA CREMA of this within two months after detection of the shortcomings. 4. The customer gives a detailed description as possible of the shortcomings so that CREW DE LA CREMA is able to respond adequately. 5. The customer must demonstrate that the complaint relates to an agreement between the parties. 6. If a complaint relates to ongoing work, this can in any case not lead to CREW DE LA CREMA being forced to perform other work than has been agreed. Giving notice 1. The customer must provide any notice of default to CREW DE LA CREMA in writing. 2. It is the responsibility of the customer that a notice of default actually reaches CREW DE LA CREMA (in time). Joint and several Client liabilities If CREW DE LA CREMA enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to CREW DE LA CREMA under that agreement. Liability of CREW DE LA CREMA 1. CREW DE LA CREMA is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. 2. If CREW DE LA CREMA is liable for any damage, it is only liable for direct damages that result from or are related to the execution of an agreement. 3. CREW DE LA CREMA is never liable for indirect damages, such as consequential loss, lost profit, lost savings, or damage to third parties. 4. If CREW DE LA CREMA is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages, the amount of the liability is limited to the (part of the) invoice to which the liability relates. 5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation. Expiry period Every right of the customer to compensation from CREW DE LA CREMA shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code. Dissolution 1. The customer has the right to dissolve the agreement if CREW DE LA CREMA imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 2. If the fulfillment of the obligations by CREW DE LA CREMA is not permanent or temporarily impossible, dissolution can only take place after CREW DE LA CREMA is in default. 3. CREW DE LA CREMA has the right to dissolve the agreement with the customer if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give CREW DE LA CREMA good grounds to fear that the customer will not be able to fulfill his obligations properly. Force majeure 1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of CREW DE LA CREMA in the fulfillment of any obligation to the customer cannot be attributed to CREW DE LA CREMA in any situation independent of the will of CREW DE LA CREMA, when the fulfillment of its obligations towards the customer.