General terms and conditions
GENERAL TERMS AND CONDITIONS – BEANYBAR
Article 1 – Definitions
In these general terms and conditions the following terms are understood to mean:
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Beanybar : the company that offers products (coffee and related items) to consumers through its webshop, located at Brugstraat 11, 7607 XJ in Almelo, registered with the Chamber of Commerce under number 96415487.
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Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with Beanybar.
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Distance contract : a contract between Beanybar and the consumer within the framework of an organised system for the distance sale of products, whereby exclusive use is made of one or more techniques for distance communication.
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Product : the product or products offered through the Beanybar webshop, including individual sales of coffee, accessories and coffee subscriptions.
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Subscription : a distance contract whereby the consumer undertakes to purchase coffee periodically for a specific or indefinite period.
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Right of withdrawal : the consumer's option to cancel the distance contract within the statutory period.
Article 2 – Identity of the entrepreneur
Beany bar
Address: Brugstraat 11
Postal code: 7607 XJ Almelo
Email: info@beanybar.nl
Chamber of Commerce number: 96415487
VAT identification number: NL005209163B34
Article 3 – Applicability
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These general terms and conditions apply to every offer from Beanybar and to every distance contract concluded between Beanybar and the consumer.
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The terms and conditions are made available prior to the conclusion of the distance contract and can be easily saved by the consumer.
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Deviations from these conditions are only valid if expressly agreed in writing.
Article 4 – The offer
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The offer contains a complete and accurate description of the products offered.
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Obvious mistakes or obvious errors in the offer do not bind Beanybar.
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Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.
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A subscription includes, among other things: the contents of the shipment, delivery frequency, subscription duration, price, payment method and cancellation conditions.
Article 5 – The Agreement
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The agreement is concluded at the moment the consumer accepts the offer and Beanybar confirms this by e-mail.
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Beanybar takes appropriate technical and organizational measures to secure the electronic transfer of data and a secure web environment.
Article 6 – Right of withdrawal
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The consumer has the right to cancel the agreement without giving any reason within 14 days after receipt of the product.
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In case of a subscription, the withdrawal period commences on the day of receipt of the first delivery.
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During the withdrawal period, the consumer will handle the product and packaging with care.
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Products that are no longer suitable for return after opening due to hygienic or perishable nature (such as opened coffee packages) are excluded from the right of withdrawal.
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To exercise the right of withdrawal, the consumer can use the model form or another unambiguous statement sent by e-mail to Beanybar.
Article 7 – Consequences of revocation
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If the consumer revokes the agreement, he will receive all payments (with the exception of any shipping costs) for the products not received within 14 days.
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Beanybar may withhold reimbursement until it has received the returned products or the consumer has demonstrated that he has returned the products.
Article 8 – Exclusion of the right of withdrawal
The right of withdrawal is excluded for:
a. Opened or damaged packaging of products that are perishable or cannot be returned for hygienic reasons;
b. Subscriptions after the statutory withdrawal period of 14 days, provided that they have already begun to be delivered.
Article 9 – Prices and payment
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All prices listed are inclusive of VAT and exclusive of any shipping costs, unless otherwise stated.
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Payment is made via the offered payment methods.
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For subscriptions, payment is made periodically, via direct debit or other agreed payment method.
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In the event of late payment, Beanybar is entitled to suspend delivery or terminate the agreement.
Article 10 – Delivery and execution
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Beanybar will take the utmost care when receiving and executing orders.
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Delivery will take place at the address specified by the consumer.
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If delivery is delayed, the consumer will be notified as soon as possible.
Article 11 – Duration and termination of subscriptions
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Subscriptions are entered into for a fixed or indefinite period, as indicated when concluding the agreement.
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An indefinite-term subscription can be cancelled by the consumer at any time with a notice period of one month.
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Termination must be made in writing to Beanybar or via the digital portal at beanybar.nl.
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Beanybar can also cancel the subscription, observing the same notice period.
Article 12 – Liability
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Beanybar's liability is limited to the amount of the relevant order or subscription period.
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Beanybar is not liable for indirect damage, consequential damage or lost profits.
Article 13 – Complaints procedure
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Complaints regarding the performance of the agreement must be submitted fully and clearly described within a reasonable time via Beanybar's email address.
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The consumer will receive a substantive response within 14 days of receipt of the complaint.
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Beanybar strives for an amicable resolution. If no solution is found, consumers can use the European ODR platform: https://ec.europa.eu/consumers/odr/
Article 14 – Applicable law and competent court
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All agreements between Beanybar and the consumer are exclusively governed by Dutch law.
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Disputes arising out of or in connection with this agreement shall be submitted to the competent court in Almelo, unless mandatory law prescribes otherwise.