Terms and Conditions for consumers

Here you can find the terms and conditions for Back to Black V.O.F if you buy products from our webshop.

Article 1. Contact details

Back to Black V.O.F is located at the Weteringstraat 48, 1017 SP in Amsterdam, the Netherlands.
The Chamber of Commerce number is: 58881441 and the Tax number is: NL853221790B01.

You can reach us by email at info@backtoblackcoffee.nl or you can call us at +31611194870.

Article 2. Agreement

We sell Back to Black coffee beans and related coffee products on our webshop. You can order these products through our webshop. All products shown on the webshop are subject to availability. We will inform you by e-mail as soon as possible if the product you have ordered is not available and we will not process your order.

Article 3. Prices

The price of a product is shown in our webshop. You can pay for the product using our online payment service.

Article 4 Delivery

Back to Black will deliver the product to the address given when ordening. It is not possible to change the address after shipment has taken place. PostNL is responsible for the distribution. We will makeevery effort to deliver the order as soon as possible. If adelay occurs we will notify you in writing. sWe guarantee that you will receive the order at least 30 days after placement of your order. If this is not possible you may choose to ask for (a) a refund or (b) a substitute product (of equal value).

Article 5. Returns/Cancellation Policy

a. You have the legal right to return the coffee cups and mugs at any time within 14 days, from the day after you received the product(s). This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep the product, you can notify us by sending a mail to info@backtoblackcoffee.nl. Full refund will be paid within 14 days after receiving the returned unused product(s). We will pay withing14 days a full refund after receiving the returned product. You are responsible for paying any and all costs associated with the returningof the product(s).

b. In order to the distance selling regulations, the 14 working days period for reflection does not apply for food products like coffee beans.

c. Please note that you have a legal obligation to take reasonable care of the products while they are in your possession. If you fail to comply with this obligation, we have the right to claim a compensation from you.

Article 6. Liability

Back to Black is not liable for any damage caused by use of the product . The restrictions of liability stated in this article do not apply in the event the damage is due to intent or gross negligence on  our behalf. Our liability is limited to the maximum of the amount invoiced.

Article 7. Intellectual property

All our material, images, text, packaging design and other information remains the property of Back to Black VOF. This can not be used without our expressed permission.

Article 8. Complaint

If you wish to make a complaint, you may send an email to info@backtoblackcoffee.nl. Please write the complaint or comment clearly and in a timely manner to allow the so soon and contractor to respond adequately. We will respond within 7 days from the day after we receive the complaint. If we require more time to settle the complaint, we will give written notification within 5 days of the delay. If we are not able to solve the complaint and a dispute rises, article 9 of thse Terms and conditions is applicable.

Article 9. Settlement of disputes

The parties agree that the courts of Amsterdam, the Netherlands shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims). Unless another court shall have jurisdiction on the base of mandatory law.

Business  Terms and Conditions

Here you can find the terms and conditions of Back to Black V.O.F.

Back to Black V.O.F is located at the Weteringstraat 48, 1017 SP in Amsterdam.
The Chamber of Commerce number is 58881441 and the Tax number is NL853221790B01.

You can reach us by email at: info@backtoblackcoffee.nl or you can call us at +31611194870.

Article 1. Definitions

In these terms and conditions the following terms are defined below unless indicated otherwise.

Contractor

Back to Black V.O.F.

Client

The requester or receiver of a product or service from Back to Black V.O.F.

Products

Coffee related products and services and or coffee roasted by Back to Black V.O.F.

Order

The request for the fulfillment of a product or service from Back to Black V.O.F

Agreement

The acceptance by the client of the offer and the fulfillment of the stated terms and conditions.

Article 2. Applicability of the Terms and Conditions

a. These terms and conditions are applicable on every offer, quotation and assignment between the contractor and the client. The terms and conditions are available free of charge for the client. The terms and conditions are available online at backtoblackcoffee.nl.

b. In the event that these or a part of these terms and conditions are not applicable, the remaining terms, conditions and provisions will continue to be applicable to the fullest extent permitted by law. Any non-applicable terms shall be replaced by similar provisions, by agreement between the client and contractor.

c. In the event that a contradiction occurs between these terms and conditions and the terms and conditions in a previously stipulated agreement, the conditions according to the terms in the agreement apply.

Article 3. Commencement of an agreement

An agreement to fulfill an order will commence at the moment a written confirmation of the order is received.

Article 4. Offer

a. Every offer, quotation, discount, pricelist and stated delivery time for the client remain valid unless otherwise specifically stated.

b. An offer in a quotation applies only for the underlying assignment (and not for future orders).

c. The contractor assumes that the information provided by the client is true and complete. The offer is based specifically on this information.

d. Each quotation for an order is valid for that order only. The contractor is not obliged to uphold a quotation if any changes to an order occur.

Article 5. Price

a. The prices stated in any offers are inclusive of local tax but exclusive of all other charges. Including governmental duty, shipping and administration costs. Unless stated otherwise.

b. The contractor has the right to pass on any unexpected and unforeseen increases in price, which may occur after the closing of the agreement between the contractor and the client.

Article 6 Payments

a. The terms of payment are two weeks from the date of invoice. The contractor will invoice monthly.

b. In the event that the client does not fulfill the terms of the invoice they will immediately default on the payment.

c. In the event of a default on a payment, the client will directly incur interest on the sum due. The interest will be calculated based on the claimable sum from the moment that the client has defaulted on the payment until the moment that the sum is paid in full.

d. The sum owed by the client to the contractor is immediately claimable if:

  1. The client exceeds the terms of payment.
  2. The client is in bankruptcy or suspension of payments.
  3. The client (company) unbind or liquidate.
  4. The client (person) is put in receivership or passes away.

Article 7. Period of the agreement

The agreement between the client and the contractor is valid for an indefinite period of time unless otherwise agreed in writing.

Article 8. Execution

a. The contractor will execute the order to the fullest of their capability and within the requirements of good craftsmanship.

b. The contractor may execute the order in different stages and these stages may be invoiced separately.

c. In the case that the contractor is executing the order in different stages they may postpone the remaining order until the client has approved the results of the previous stage in writing.

d. The client is responsible for providing all information and materials, which are necessary for the contractor to execute the order, in time.

e. In the event that the client does not provide the materials and or information, which are necessary to execute the order, the contractor may postpone the order and invoice any additional costs  caused by the delay to the client.

Article 9. Price (change)

a. In the case that substantial changes to the order are necessary to execute the order, this will be undertaken in consultation with the client by the contractor.

b. The contractor reserves the right to alter prices to reflect changes in costs which have occurred after closing of the agreement. The contractor will notify the client in writing of these changes.

c. The contractor may refuse a request to make a change to an order in the case that this may result in a change to the quality or quantity of the order.

d. In the case that changes are made to the order, the date of execution may also change.

e. The client accepts the possibility of changes to the order, price or date of execution.

Article 10. Delay or dissolution.

a. In the case that the client does not partly or completely fulfill their obligations in the agreement, the contractor has the right to delay or cancel the agreement for that order.

b. The contractor may also act as above in the case that they have reason to believe that the client will not fulfill on their obligations in the agreement or in the case that the client is asked to provide assurances of fulfilling their liabilities and these assurances are not provided or not sufficiently provided or there is a delay in providing these assurances. In this case the client may no longer request the order to be completed within the originally agreed terms.

c. The contractor has the right to cancel the agreement in the case that circumstances arise whereby it is not reasonable for the contractor to complete the order.

d. In the case that the agreement is canceled by the client, the client is liable for any losses or costs directly or indirectly incurred by this cancellation.

e. In the case that it becomes impossible to complete the order, both parties have the right to dissolve the agreement for that order or any parts remaining thereof.

Article 11. Premature termination.

a. In the case that the agreement is prematurely dissolved by the contractor, the contractor will consult with the client so that order can be carried out by a third party.

b. In the case that additional costs are incurred by the contractor in the transfer of the order to a third  party, these costs will be passed onto the client.

c. The contractor may terminate the agreement directly (without obligation for compensation or remuneration) In the following cases:

  1. The client exceeds the terms of payment.
  2. The client is in bankruptcy or suspension of payments.
  3. The client (company) unbind or liquidate.
  4. The client (person) is put into receivership or passes away.
  5. In the case that circumstances arise in which the Client is not available to be free in their abilities.

Article 12. Delivery, delivery dates and risk-changeover

a. Any dates given for which an agreement must be delivered are not obligatory or final, unless both parties have specifically agreed in writing.

b. Any and all risks associated with the order are transferred to the client at the moment of receipt of the order by the client.

c. The method of shipping (transport) the order is determined by the contractor and all costs incurred will be passed onto the client. The contractor is not liable for damages, of whatever nature or form, that occur during transport unless both parties specifically agree in writing before shipment takes place.

d. In the event that it is temporarily impossible to deliver the order to the client due to the client being unable to receive the order, the contractor has the right to store the order. The contractor will give written notification of the storage. The contractor will set a reasonable period of time in which the client may permit the contractor to deliver the order.

e. After one month that the reasonable period of time is reached without the possibility of delivery, the contractor has the right to dissolve the agreement without written notification. The client does not have the right to compensation of damages or interest in this case.

f. The above mentioned terms contained within Article 12 do not release the client from the duty to pay the agreed price and any storage or other costs incurred. The contractor has the right to request and receive any prepayment or assurance of payment from the client before the order is dispatched.

Article 13. Transfer of ownership

a. Ownership of the Product will pass to the client only when the client has completed all of their obligations.

b. The contractor may implement the right of ownership at any moment, without the consent of the client or third parties by entering a space of storage to remove and retake property.

Article 14. Complaint

a. If the client wishes to place a complaint, the client may send a mail to the contractor within a week of delivery. The complaint or comment must be made clearly so as to the contractor to respond adequately.

b.The registration of a complaint does not suspend the obligation of payment.

c. The contractor is not obliged to any repair or replacement of the product or compensation if a delay in the registration of the complaint occurs.

d. In the event that the complaint is justified, the contractor is obligated to fulfill the product or service, unless this is impossible or meaningless. In this case, the contractor is obligated to send written conformation stating as such.

e. In the event that it is impossible or meaningless to fulfill the product or service, the liability of the contractor is limited by article 16 of these terms or conditions.

f. In the case that the complaint is unfounded, the client will be liable for any costs incurred by the contractor.

Article 15. Guarantees

a. The contractor guarantees that the products and services provided are in accordance with good and normal standards of quality.

b. The above statement does not apply in the event that a default occurs due to misuse by the client or by events outside of our control.

Article 16 Liabilities

a. The contractor is only liable for damage that is directly and solely caused by a failure by the contractor.

b. The contractor is never liable for indirectly caused damage, including consequential damages, lost profit, lost savings and damage due to business stagnation.

c. The contractor is not liable for damage caused due to information provided by the client which is untrue or incomplete.

d. The liability of the contractor is limited to the maximum of the invoice amount or to the insured amount.

e. The contractor is exluded from claims by third parties that suffer damage whereby the damage is not directly accountable to the contractor.

f. The restrictions of liability stated in this article do not apply in the event the damage is due to intent or gross negligence on behalf of the contractor.

Article 16 Liabilities

a. The contractor is only liable for damage that is directly and solely caused by a failure by the contractor.

b. The contractor is never liable for indirectly caused damage, including consequential damages, lost profit, lost savings and damage due to business stagnation.

c. The contractor is not liable for damage caused due to information provided by the client which is untrue or incomplete.

d. The liability of the contractor is limited to the maximum of the invoice amount or to the insured amount.

e. The contractor is exluded from claims by third parties that suffer damage whereby the damage is not directly accountable to the contractor.

f. The restrictions of liability stated in this article do not apply in the event the damage is due to intent or gross negligence on behalf of the contractor.

Article 17. Force Majeure Events

a. The contractor is not liable or responsible for any failure to perform or delay in performance of any of the obligations under a contract, that are caused by events outside reasonable control (Force Majeure Event).

b. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action;
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  5. Impossibility of the use of public or private telecommunications networks;
  6. The acts, decrees, legislation, regulations or restrictions of any government.

c. The performance under any contract is deemed to be suspended for the period of two months, and the contractor will have an extension of time for performance for the duration of that period. The contractor will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event. If this is not possible, parties have the right after two months, to dissolve the performance under any contract, without the obligation of compensation.

d. The contractor has the right, in the event the performance under the contract is partly fulfilled to invoice that part of the performance.

Article 18. Intellectual property

a. The contractor retains all intellectual property rights, including but not limitd to: All materials, images, text, packaging design, programms and all other related information. The former stated is even so applicable if approvements are made.

b. The above mentioned intellectual property rights remain the propery of the contractor, regardless of whether the client is liable for the manufacturing costs of these materials.The client may not use,copy, distribute or show to third parties the above mentioned materials without the expressed written permission of the contractor.

Article 19. Confidentiality agreement

a. The contractor and the client are obligated to keep confidential information, related to the agreement secret. Information is deemed confidential by its contents (the kind) of information or if indicated by one of the parties, or results out (the kind) of information.

b. The contractor will not use information received from the client for any other purpose than that agreed upon.

c. The above mentioned restriction is not applicable in the event that there is a legal obligation to disclose the information to third parties. The client does not have the right to compensation of damages or interest in this case.

Article 20. govering law

These Terms of Conditions and any separate agreements whereby we provide products or Services shall be governed by and construed in accordance with Dutch law. Even if the client lives outside the Netherlands.

Article 21. Disputes

a. In the event of a dispute or claim that arises out of or in connection with this agreement the parties will try to solve this by mediation within a three week period with the help of a mediator. Both parties must agree who the mediator will be.

b. In the event it is impossible to solve the dispute by mediation the dispute shall be subject to the exclusive jurisdiction of Dutch court of Amsterdam, unless another court shall have jurisdiction on the base of mandatory law.

Article 22. Order of products outside of the Netherlands

a.In the case that the client orders Products from the contractors website for delivery outside the Netherlands they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. The client will be responsible for payment of any such import duties and taxes. Please note that the contractor has no control over these charges and cannot predict their amount.

b. Please also note that the client must comply with all applicable laws and regulations of the country for which the products are destined. The contractor is not liable for any breach by you of any such laws.