General Terms and Conditions

General terms and conditions

Article 1 - Definitions

Article 2 - The Entrepreneur’s identity

Article 3 - Applicability

Article 5 - The contract

Article 6 - Right of withdrawal

Article 7 - Costs in case of withdrawal

Article 8 - The price

Article 9 - Conformity and Guarantee

Article 10 - Delivery and execution

Article 11 - Payment

Article 12 - Complaints procedure

Article 13 - Disputes

Article 1 - Definitions

In these Terms and Conditions, the following terms shall have the following meanings:

Entrepreneur: the natural of legal person providing distance products and/or services to businesses and consumers;

Consumer: the natural person or business entering into a distance contract with the entrepreneur;

Distance contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the entrepreneur for distance sale of products and/or services;

Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time;

Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;

Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;

Day: calendar day;

Continuing performance contract: a distance contract concerning a series of products and/or services, for which the offer and/or purchasing obligation is spread over a longer period;

Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.

Article 2 -The Entrepreneur’s identity

Velvet Specialty Coffee Roasters

Allee des ormes 12G1370 JodoigneBelgium

Phone: +32 474 63 60 99E

mail:ilse@cafevelvet.co BE0876 823 580

Article 3 - Applicability

These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer and are made available to the consumer on the website of Velvet Specialty Coffee Roasters.

Article 4 - The offer

1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.

2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.

3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer:
This involves in particular:

- The price, excluding taxes;

- Any delivery costs, if applicable;

- The way in which the agreement will be concluded, and what actions are needed to establish this;

- Whether or not the right of withdrawal is applicable.

Article 5 -The contract

1. Subject to the provisions in paragraph 4, the contract becomes valid when the consumer has accepted the offer and fulfilled the terms and conditions set.

2. If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.

3. If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organizational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.

Article 6 - Right of withdrawal

When delivering products:

1. When purchasing products- any other than coffee- the Consumer has the options to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the consumer. Coffee has no right of withdrawal.

2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Entrepreneur in conformity with the Entrepreneur’s reasonable and clear instructions.

Article 7 - Costs in case of withdrawal

1. Should the Consumer exercise the right of withdrawal, only the shipping costs are at the Consumer’s expense.

2. If the Consumer has made a payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.

Article 8 - The price

All prices indicated in the provision of products are excluding VAT.

Article 9 - Conformity and Guarantee

1. The Entrepreneur guarantees that the products comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.

Article 10 -Delivery and execution

1. The Entrepreneur shall exercise the best possible care when executing product orders.

2. The place of delivery is at the address given by the Consumer to the Entrepreneur.

3. With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with the convenient speed but at least within 7 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this as soon as possible. In such cases, the Consumer is entitled to repudiate the contract free of charge.

4. In the event of the repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.

5. If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensive manner that a replacement product will be delivered.

6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with the Entrepreneur until the time they are delivered to the consumer.

Article 11 - Payment

Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled prior to the delivery of the goods.

Article 12 - Complaints procedure

1. Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.

2. The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.

3. A complaint about a product, that the Entrepreneur provided, can also be submitted via the contact form given at the website. The complaint will then be sent both to the Entrepreneur in question and the consumer.

4. If the complaint cannot be solved in joint consultation, there will be a dispute that is in conformity to the dispute settlement rules.

Article 13 - Disputes

Contracts between the Entrepreneur and the Consumer, to which these General Terms and Conditions apply, are exclusively governed by Belgian law. The Brussels courts have jurisdiction.