General Terms and Conditions
Article 1: Definitions
Words used in these Terms and Conditions, whether singular or plural, which begin with a capital letter, shall have the meanings defined below in this section.
- 1.1 General Terms and Conditions: these general terms and conditions, listed on the website www.lupi-coffee.com.
- 1.2 Order procedure: the procedure that Customer goes through by phone, at home or through the website, to order a Product.
- 1.3 Customer: the other party of Lupi Coffee with whom Lupi Coffee enters into an Agreement.
- 1.4 Agreement: agreement, of which the General Terms and Conditions form an integral part, concerning the purchase and delivery of a Product.
- 1.5 Parties: Lupi Coffee and Customer jointly.
- 1.6 Lupi Coffee: the party that uses the General Terms and Conditions, also the other party of Customer.
- 1.7 Website: the website of Lupi Coffee, found under the URL https://www.Lupi Coffee.com.
- 1.8 Product: goods, which Lupi Coffee offers on its Website, door to door or other media, which Customer can order.
Article 2: Applicability
- 2.1 The General Terms and Conditions apply to all Agreements, any (e-mail) newsletters, the Website, the Order procedure as well as contacts and/or (legal) acts between the Parties, even if these (legal) acts do not lead to an Agreement.
- 2.2 Applicability of general delivery or payment terms and/or other general or special conditions of Customer is expressly excluded.
Article 3: Conclusion of agreement
- 3.1 The Products offered on the Website with corresponding prices are considered an offer without obligation, which can be accepted by Customer either directly to Lupi Coffee or by going through and completing the entire Order procedure. The Agreement may be concluded orally, in writing or electronically. Lupi Coffee confirms the establishment of the Agreement in writing or electronically to the Customer.
- 3.2 Lupi Coffee does not guarantee that the offer as referred to above is without errors and/or omissions. Misprints and typographical errors are therefore expressly reserved and may constitute grounds for refusal to conclude the Agreement. If Lupi Coffee decides to do so, it shall notify Customer of this without delay.
- 3.3 If for any reason whatsoever, including the situation as referred to in the last sentence of the previous paragraph, the Agreement has not been concluded, or has been dissolved, Lupi Coffee shall ensure that – if Customer has paid in advance – the amounts paid shall be repaid to Customer as soon as possible. In any event, such refund shall be made within 30 (thirty) days. In the event that this situation occurs within the first 14 days after the Product has been delivered, the legal right of withdrawal as mentioned in Article 7 and the associated conditions shall apply.
- 3.4 Lupi Coffee is entitled to refuse a request to enter into an Agreement without giving reasons, or to attach additional conditions to the conclusion of the Agreement. Lupi Coffee reserves the right to terminate the Agreement if the customer does not comply with the provisions of these terms and conditions.
- 3.5 Lupi Coffee decides in which zip code areas it delivers its products. It is possible that a Customer may be turned away because Lupi Coffee does not deliver in a certain zip code area.
Article 4: Prices and payment
- 4.1 Prices as mentioned on the Website are in Euros and include VAT, as well as other government levies. Prices include shipping and delivery charges, unless otherwise indicated.
- 4.2 Lupi Coffee is entitled to adjust prices at any time.
- 4.3 For payment, the Customer can only use the payment methods agreed upon at the time of the order.
Article 5: Delivery and delivery period
- 5.1 The delivery times as mentioned on the Website and as well as in confirmation e-mails are indicative.
- 5.2 Lupi Coffee shall make every effort to meet these indicative delivery times.
- 5.3 If and to the extent that Lupi Coffee is unable to deliver the ordered Products to Customer within 60 (sixty) days, Customer has the right, after Lupi Coffee has notified Customer that it is unable to execute the Agreement within the period specified for this purpose, to cancel the Agreement. Article 3.4 shall then apply mutatis mutandis.
- 5.4 Deliveries shall be made to the address provided by the Customer during the formation of the agreement.
- 5.5 If, at the intended time of delivery by the delivery driver, neither the Customer nor a person designated by him is present at the delivery address, or if the Customer or the aforementioned designated person is unable or unwilling to take delivery of the Product, Lupi Coffee no longer guarantees the quality of the items of the Product from that moment on.
- 5.6 If personal handover of the Product is not possible, the agreement can be fulfilled by placing the Product in front of the door of the home. Once the Product is in front of the door, Lupi Coffee is not responsible for the quality of the items of the Product from that moment on.
- 5.7 If placement in front of the door is not possible, the agreement can be fulfilled by placing the Product in front of the door of the building. Once the products are at the door of the building, Lupi Coffee is not responsible for the quality of the items of the Product from that moment on.
Article 6: Complaints
- 6.1 If and insofar as, in the opinion of the Customer, the characteristics of the Product do not comply with the Agreement, the Customer shall enter into consultation with Lupi Coffee. Since the products delivered are mostly daily fresh/chilled/frozen products, the items are not returned to the Lupi Coffee by the Customer. Reclamation is only possible if:
- a. Customer has immediately inspected the delivered goods after receipt and has indicated any defects to Lupi Coffee by email within two days;
- b. Customer hereby states at least name, main delivery address and a description of the defect;
- c. Customer has not consumed any of the items of the delivery, on which Customer claims.
- 6.2 If after investigation by Lupi Coffee it appears that the properties of the Product do comply with the Agreement, Lupi Coffee shall enter into consultation with Customer.
- 6.3 If after investigation by Lupi Coffee it appears that the properties of the Product do not comply with the Agreement, the Customer is entitled to a replacement Product, provided that it is still available.
- 6.4 Where the previous paragraph refers to the value of the Product, this shall mean the price agreed in the Agreement.
Article 7: Right of withdrawal
- 7.1 Please note the information below regarding the legal right of withdrawal for users.
- 7.2 You have the right to withdraw from the contract within a period of 14 days without giving any reason. If you exercise your right of withdrawal, you are obliged to pay the costs of the return shipment. Please note that perishable goods are excluded from the legal right of withdrawal.
- 7.3 To revoke the Agreement you can use the model form which can be found at the end of this page or by downloading the model form in .pdf.
- 7.4 Upon withdrawal of the Product, refunds of prepaid deliveries will be made within 14 days.
Article 8: Costs in case of withdrawal
- 8.1 If the Customer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment.
Article 9: Force Majeure
- 9.1 In case of force majeure, Lupi Coffee is not obliged to comply with its obligations towards the Customer. Lupi Coffee is entitled to suspend its obligations for the duration of the force majeure.
- 9.2 Force majeure shall mean any circumstance independent of its will which prevents it from fulfilling its obligations to the Customer in whole or in part. Such circumstances include strikes, fires, transportation failures, business interruptions, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the Website at any time, non delivery or late delivery by suppliers or other third parties and the absence of any government issued license.
Article 10: Processing of personal data
- 10.1 If and to the extent personal data is processed from Customer, such processing applies only to:
- a. To be able to perform and give effect to the Agreement;
- b. Inform the Customer of the deliveries;
- c. subject to the restriction of the following paragraph, to inform the Customer about (new) products and services of Lupi Coffee.
- 10.2 For sending commercial communications to Customers by electronic means (such as, for example, but not limited to e-mail newsletters and SMS messages) as referred to in the preceding paragraph under c, the Customer’s permission is requested by means of these general terms and conditions during the Order procedure of Lupi Coffee, and only if this permission is granted by the Customer will Lupi Coffee send such communications.
- 10.3 The Customer is at all times entitled to inspect her personal data free of charge and, if desired, to have these data adjusted by Lupi Coffee in the event of inaccuracies.
Article 11: Applicable law, complaints and disputes
- 11.1 The Agreement and further agreements resulting from it are governed by Dutch law.
- 11.2 If and insofar as there is a complaint, Customer shall contact Lupi Coffee, which contact can be made by telephone, in writing and by email at firstname.lastname@example.org. The contact details that can be used for this purpose are listed at the bottom of these Terms and Conditions. Lupi Coffee shall respond to a complaint as referred to above no later than 30 (thirty) days.
Article 12: Other provisions
- 12.1 Lupi Coffee is authorized to amend these General Terms and Conditions at any time. Ongoing Agreements will be fulfilled under the old agreed terms and conditions after amendment of the General Terms and Conditions.