ARTICLE 1. APPLICABILITY
1.1 These terms and conditions are applicable to all agreements with THE COFFEEVINE and to all agreements that are the result of this. By pressing the concerning button in the window of the ordering process, all terms and conditions of THE COFFEEVINE are accepted.
1.2 Oral statements, promises or agreements are not legally binding, unless confirmed in writing by THE COFFEEVINE.
1.3 If one or more provisions in these Terms and Conditions are void or destroyed, the remaining provisions remain in full force.
ARTICLE 2. DEFINITIONS
TERMS AND CONDITIONS: Terms and Conditions THE COFFEEVINE, of which the ONLINE SHOP is a part.
SPECIAL PROVISIONS: Special provisions THE COFFEEVINE – Vendors and roasters, Special provisions – Client (individually or all together).
THE COFFEEVINE: The Coffeevine, Stuyvesantstraat 41-2, 1058AK Amsterdam, The Netherlands registered with the Chamber of Commerce under number 59315636 and VAT number NL267569956B01, firstname.lastname@example.org
WEBSITE: The Website http://www.thecoffeevine.com
VENDOR: A natural person or legal entity who wishes to create a Product and offers, or wishes to offer, this Product on the Website.
ROASTER: A natural person or legal entity who wishes to promote a Product through the Subscription Service.
CLIENT: A natural person or legal entity who places an order via the website.
PARTIES: THE COFFEEVINE and VENDOR, THE COFFEEVINE and Client or Client and vendor together.
PRODUCT: A physical product available to buy that is offered by THE COFFEEVINE or the VENDOR on the THE COFFEEVINE Website and is delivered by THE COFFEEVINE or the VENDOR.
ACCOUNT: The personal profile of a Client or Vendor, which is creates by registering on the Website.
PLACEMENT AGREEMENT: The agreement between THE COFFEEVINE and the Vendor in respect of which the Vendor offers a Product on the Website.
ARTICLE 3. AGREEMENT SUBSCRIPTION
3.1 THE COFFEEVINE is the entity to accept the orders. THE COFFEEVINE enters the agreement with the Client.
3.2 Offers by THE COFFEEVINE are entirely without obligation and can be recalled at all times before, and during, and after the creation of the agreement and before a delivery is made.
3.3 No activity of THE COFFEEVINE may be interpreted as a joint venture, partnership, distribution agreement, representation of agency, or agency relationship agreement between the parties having been established. None of the parties is entitled or authorized to enter agreements regarding liability, debt, cost, or agreements for or on behalf of the other party, unless expressly agreed upon with THE COFFEEVINE in writing.
ARTICLE 4. LIABILITY
5.1. THE COFFEEVINE accepts limited liability for the quality, conformity, security, lawfulness, integrity, or reliability of the rights and obligations that have sprung from the agreement between THE COFFEEVINE and Client, or the different components thereof.
5.2 THE COFFEEVINE has no, or at most extremely limited, control over the quality, conformity, security, lawfulness, integrity, or reliability of the rights and obligations that have sprung from the agreement between Vendor and Client, or the different components thereof.
5.3 THE COFFEEVINE is not liable for damage that is the result of a non- or improper functioning of a Product and/or the facilities of her service, unless the cause is intent or gross negligence by THE COFFEEVINE.
5.4 If THE COFFEEVINE is liable as a result of a failure to perform its obligations, which is attributable to her, the liability will be limited to the direct case damage that is in direct connection to the deficiencies attributable to THE COFFEEVINE. Liability for any form of indirect or consequential damages is excluded.
5.5 THE COFFEEVINE is not liable for failure to perform its obligations from this agreement when the execution of these obligations is hampered or made impossible by a cause that is outside of her reasonable power.
6.6 THE COFFEEVINE has the right to (temporarily), without prior notice, put her Website out of order or to limit the usage thereof, or to stop providing the service of THE COFFEEVINE without justification and without this providing any right for compensation from THE COFFEEVINE.
5.7 It is possible that the Website contains references to Websites of third parties (for example by way of a hyperlink, banner or button). THE COFFEEVINE has no say or influence regarding the content and the policy of these Websites. Therefore, THE COFFEEVINE is not responsible for the content and methods of these Websites and does not accept any liability for these websites.
ARTICLE 6. FORUM- AND CHOICE OF LAW
6.1 Only the Dutch civil court that is authorized in THE COFFEEVINE’S location acknowledges disputes, unless legal regulations oppose this.
6.2 Dutch law is applicable.
SPECIAL PROVISIONS THE COFFEEVINE – CLIENT
ARTICLE 1. ACCOUNT
1.1 The Client is, if a natural person, 18 years or older.
1.2 To be able to use the service(s) of THE COFFEEVINE, the Client is required to create their own account using the method as described on the Website.
1.3 The Client is liable for all consequences that result from using his account.
ARTICLE 2. PAYMENT
2.1 After placing an order on the Website, THE COFFEEVINE will deduct the, on a per-order and/or recurring basis, agreed upon amount stated in the confirmation mail from the bank-account, Paypal account or credit card that has been provided by the Client.
2.2 The agreed upon amount is kept on the account of the payment provider while the Product is offered on the Website.
2.3 After each sale, THE COFFEEVINE pays the Vendor the amount of the total of sales, minus the commission charged by THE COFFEEVINE depending on the provided services excluding VAT.
2.4 All prices on the THE COFFEEVINE website include Dutch VAT but exclude delivery costs.
2.5 We offer payment by credit or debit card (VISA, Master Card, American Express), Paypal and iDeal. However, we reserve the right to offer less than our full range of payment options.
ARTICLE 3. RETURNS
3.1 Clients have the right to cancel orders without giving any reason within 14 days from the day on which they or a third party other than the carrier and indicated by them acquires, physical possession of the last good.
3.2 For health and safety reasons, THE COFFEEVINE cannot accept returned products, unless they are non-food items that can be exchanged for a replacement.
3.3 To exercise the right to cancel, the Client must inform THE COFFEEVINE of the decision to cancel the order by a clear statement through email to email@example.com. THE COFFEEVINE will provide the client with its own address or the address of the Vendor to which the product should be returned.
3.4 To meet the cancellation deadline, it is sufficient for Clients to send communication concerning exercise of the right to cancel before the cancellation period has expired.
3.5 If Clients cancel an order, THE COFFEEVINE will reimburse all payments received from Client, including the cost of delivery.
THE COFFEEVINE may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by the Client.
THE COFFEEVINE will make the reimbursement without undue delay, no later than 14 days after THE COFFEEVINE received confirmation from the Designer the product has been returned in good order.
THE COFFEEVINE will make the reimbursement using the same means of payment as Client used for the initial transaction.
3.6 The Client is responsible for the costs of shipping the item back to the seller. The client must ensure that the product is well packaged so that it does not get damaged during transportation.
3.7 The Client must inspect the condition of orders upon delivery. If The Client notices that the package has any damages on the outside, he is kindly asked to notify the courier and mark it down on the delivery slip. If an item from an order is faulty or damaged, THE COFFEEVINE must be contacted via firstname.lastname@example.org as soon as possible after receipt of item, but not later than 48 hours after delivery. The following information must be included in the email:
3.8 THE COFFEEVINE cannot be held accountable for late delivery of its product in the case of external interference or force majeure.
3.9 The Client accepts that by choosing ‘budget delivery’, THE COFFEEVINE cannot be held accountable for non-delivered items.
The Coffeevine, Stuyvesantstraat 41-2, 1058AK Amsterdam, The Netherlands, registered with the Chamber of Commerce under number 59315636 and VAT number NL267569956B01