Terms and Conditions – Blommers Coffee Roasters
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Withdrawal period: the period within which the consumer may exercise the right of withdrawal.
- Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession.
- Business customer: a natural person or legal entity acting in the course of a profession or business.
- Customer: the consumer or the business customer with whom Blommers Coffee Roasters concludes an agreement.
- Reseller: a business customer who purchases products from Blommers Coffee Roasters in order to resell them to third parties.
- Day: calendar day.
- Distance contract: an agreement between Blommers Coffee Roasters and the customer that is concluded wholly or partly through an online ordering system or other means of distance communication.
- Product: all goods offered by Blommers Coffee Roasters, including coffee, espresso machines, coffee tools and related items.
- Right of withdrawal: the consumer’s option to cancel the purchase within the statutory period.
- Durable medium: any means by which the customer can store information in a way that allows it to be consulted later (such as e-mail).
- Trader: Blommers Coffee Roasters, hereinafter also referred to as “we” or “us”.
Article 2 – Identity of the trader
Blommers Coffee RoastersHet Loog 6, 6541 AW Nijmegen – The Netherlands (also the return address, unless stated otherwise in the return instructions)
Telephone: +31 24 799 7001
E-mail: [email protected]
Chamber of Commerce (KvK): 80017223
VAT: NL003380900B97
Website: www.blommers.coffee
Article 3 – Applicability
- These terms and conditions apply to every offer made by Blommers Coffee Roasters and to every distance contract concluded between Blommers Coffee Roasters and the customer (consumer or business customer).
- Deviations from these terms and conditions are only valid if agreed in writing.
- Deviations from these terms and conditions may never result in a consumer losing a right protected by mandatory law or being placed in a less favourable position than the law allows. Provisions that conflict with this do not apply, and the statutory rules apply in their place.
- Additional and deviating provisions apply to business customers, including with regard to warranty, liability and the right of withdrawal (see Article 22).
- The text of these terms and conditions is available electronically on the website and will be sent free of charge on request.
Article 4 – The offer
- The offer contains a complete and accurate description of the products offered.
- Images and specifications are indicative; minor variations in colour, packaging or shape may occur.
- Obvious errors or mistakes in the offer, such as evident errors in the description, image or specifications that the customer should reasonably have recognised as a mistake, do not bind Blommers Coffee Roasters. In that case, Blommers Coffee Roasters will inform the customer as soon as possible and offer the option of cancelling the order free of charge or continuing it under the correct conditions.
- All offers are without obligation and apply while stocks last.
Article 5 – The agreement
- The agreement is concluded at the moment the customer places the order and Blommers Coffee Roasters confirms receipt of it by electronic means. In the case of advance payment, the order is processed after receipt of the payment. Failure to pay entitles Blommers Coffee Roasters to dissolve the agreement.
- After placing the order, the customer receives an electronic order confirmation.
- We confirm the agreement on a durable medium at the latest upon delivery. This confirmation contains the legally required information, including these terms and conditions, the information about the right of withdrawal and the model withdrawal form, unless we have already provided this information on a durable medium at an earlier stage.
- Blommers Coffee Roasters may refuse an order or attach further conditions to its execution on the basis of a substantiated suspicion of misuse, fraud, a payment problem, or when a product is not available. A refusal will be communicated as soon as possible and any payment already received will be refunded in full within 14 days.
- For business customers, orders only become final after written or electronic confirmation by Blommers Coffee Roasters.
Article 6 – Right of withdrawal (consumers only)
- The consumer may dissolve the agreement within 14 days without giving any reason. This withdrawal period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product. For an order with several products that are delivered separately, the period starts on the day after receipt of the last product. If Blommers Coffee Roasters has not provided the consumer with the legally required information about the right of withdrawal, the withdrawal period expires twelve months after the end of the original period, or, if the information is provided within those twelve months, fourteen days after the day on which the consumer received that information.
- Certain products are excluded from the right of withdrawal; see Article 8.
- The consumer notifies us within the withdrawal period that they are exercising the right of withdrawal. They do so using the model withdrawal form that we provide and that is available on the website (included as an annex to these terms and conditions), or by means of another unambiguous statement by e-mail. The consumer does not have to give a reason. We will confirm receipt of the withdrawal without delay on a durable medium.
- The consumer returns the product within 14 days of the notification.
- Blommers Coffee Roasters will refund all payments received from the consumer, including the costs of the original outbound shipment, within 14 days of the day on which the consumer notified us of the withdrawal. We may withhold the refund until we have received the product back, or until the consumer has demonstrated that they have returned the product, whichever occurs first. If the consumer chose a more expensive delivery method than our cheapest standard delivery, the additional costs of that more expensive method will not be refunded. We will refund using the same means of payment the consumer used, unless the consumer expressly agrees to a different means; no fees will be charged for the refund.
Article 7 – Costs in the event of withdrawal
- The direct costs of returning the products are borne by the consumer, provided we have informed the consumer of this before the purchase and in the information about the right of withdrawal. If we have not done so, the return costs are for our account.
- During the withdrawal period, the consumer may unpack, inspect and assess the product as they would be allowed to do in a physical shop. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what was necessary to establish its nature, characteristics and functioning. We may only charge for this diminished value if we informed the consumer correctly and completely about the right of withdrawal before the agreement was concluded.
Article 8 – Exclusion of the right of withdrawal
The right of withdrawal does not apply to the following products, insofar as this exclusion is permitted by law (Article 6:230p of the Dutch Civil Code):
- products made to the consumer’s specifications or clearly intended for a specific person;
- sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery, including our sealed freshness packs of coffee once they have been opened;
- products that, by their nature, have been irreversibly mixed with other products after delivery.
The mere fact that a consumer has unpacked, inspected or tried out a product does not exclude the right of withdrawal. Business customers have no statutory right of withdrawal.
Article 9 – Prices
- All prices are in euros. For consumers, prices are displayed including VAT and including any other unavoidable costs. For business customers, prices may be stated excluding VAT; the VAT is then calculated separately.
- Shipping costs are clearly stated before the order is completed.
- In the event of a price error or mistake that is obvious to the customer, where the stated price deviates so strongly from the actual value that the customer should reasonably have understood it to be a mistake, Blommers Coffee Roasters is not obliged to deliver the product at that price. In that case, Blommers Coffee Roasters will contact the customer as soon as possible and the customer may cancel the order free of charge.
Article 10 – Conformity and warranty
- The products comply with the agreement, with the specifications stated in the offer, with reasonable expectations of soundness and usability, and with the legal requirements in force on the date of the agreement. This legal conformity always applies and Blommers Coffee Roasters is liable to the consumer in this respect. If a defect becomes apparent within one year of delivery, the product is presumed not to have complied with the agreement at the time of delivery, unless we prove otherwise or this presumption is incompatible with the nature of the product or the defect.
- In addition to legal conformity, a product may be covered by a manufacturer’s or brand warranty. Consumer espresso machines of the Wendougee brand (such as the Lita and the Data S), for which Blommers Coffee Roasters is the exclusive distributor for the Netherlands, carry a carry-in manufacturer’s warranty of 24 months from the invoice date, covering parts and labour. For commercial espresso machines from Wendougee, Synesso and Kees van der Westen, installation, service and warranty are handled through our service partner Fender Koffie; the manufacturer’s warranty is that of the relevant manufacturer. The nature, duration and handling are described in Article 10a. A manufacturer’s warranty does not affect the consumer’s statutory rights.
- The consumer must report a defect within a reasonable time after discovering it or after they reasonably should have discovered it. A report made within two months of discovery is in any event considered timely. Business customers must report visible defects in writing within 14 days of delivery and other defects within 14 days of discovery, on penalty of forfeiture of rights.
- The manufacturer’s and commercial warranty does not cover defects resulting from injudicious or improper use, use contrary to the manual, poor or overdue maintenance (including failure to descale and clean in time), use of unsuitable water, or repairs and modifications carried out by the customer or by third parties not authorised by Blommers or the manufacturer. These exclusions do not affect legal conformity: where legal conformity is invoked, Blommers bears the burden, insofar as the law so requires, of making it plausible that the defect is attributable to one of these causes.
- For business customers, only the manufacturer’s warranty applies, unless agreed otherwise in writing.
Article 10a – Service, repair and warranty handling
- General. Products sold by Blommers Coffee Roasters may be covered by three types of claims that exist alongside each other: (a) legal conformity, with Blommers as the point of contact; (b) the manufacturer’s or brand warranty, with its own duration and conditions, such as the carry-in warranty on Wendougee’s consumer machines; (c) goodwill from Blommers, which we may offer at our own discretion and without obligation. A manufacturer’s warranty or goodwill never limits the consumer’s statutory rights.
- Carry-in procedure. The carry-in service applies to Wendougee’s consumer espresso machines (such as the Lita and the Data S). The owner registers the machine by e-mail, stating the model, invoice number and a description of the complaint, and after approval delivers the machine, well packaged and at their own cost and risk, to the service point in the Netherlands designated by Blommers, or sends it there. After repair, the machine can be collected at the service point or will be returned at the owner’s expense. Blommers will make every effort to carry out repairs within a reasonable period.
- If an examination shows that there is no defect, or that the defect falls outside the warranty (Article 10 paragraph 4), examination, labour and transport costs may be charged to the owner, after a prior cost estimate.
- Consumers. For the consumer, the carry-in arrangement is a practical working method, but it does not limit their statutory rights. If it is established that a product does not comply with the agreement due to a defect that was already present at delivery or that manifests itself within the statutory warranty, Blommers will repair or replace the product free of charge, and the associated shipping and transport costs, both ways, will be borne by Blommers.
- Business customers and resellers. For the business customer, all costs and the risk of transport to and from the service point, both before and after the repair, are borne by the business customer, including in the case of a justified warranty claim, unless agreed otherwise in writing. This paragraph does not apply to commercial machines covered by the arrangement through Fender (paragraphs 8 to 10).
- If a reseller resells a product, the reseller remains responsible towards their own customer for handling warranty and service. The carry-in manufacturer’s warranty on parts and labour runs through Blommers’ Dutch service point; all transport costs and the transport risk to and from that service point are borne by the reseller or their customer, never by Blommers Coffee Roasters or the manufacturer.
- If a reseller sells a product to a destination outside the Netherlands, the resulting transport in the event of repair is borne by the reseller or the end customer, and service is handled through the manufacturer’s local agent or importer in that country (see paragraph 11).
- Commercial machines (installation and service through Fender). Commercial espresso machines from Wendougee, Synesso and Kees van der Westen are installed and commissioned by our service partner Fender Koffie. The purchase price of these machines includes the installation and the buy-out of the labour hours for the warranty.
- During the manufacturer’s warranty, the labour hours for warranty work are covered by Fender and the required parts and materials are supplied under warranty by the manufacturer. The duration and other conditions of the manufacturer’s warranty are those of the relevant manufacturer. The carry-in arrangement in paragraphs 2 to 7 does not apply to these commercial machines; service and warranty handling are provided through Fender.
- When purchasing a commercial machine, the business customer may take out an annual service contract for periodic maintenance. This maintenance falls outside the warranty and is agreed separately.
- Territorial scope. The service and warranty handling provided by Blommers Coffee Roasters apply exclusively within the Netherlands. For machines located outside the Netherlands or resold abroad, service and warranty are handled through the manufacturer’s local agent or importer in the country concerned. Blommers Coffee Roasters is not obliged to provide service or bear transport costs for products outside the Netherlands. This follows from the distribution agreement with the manufacturer, which expressly limits Blommers’ territory and after-sales obligations to the Netherlands.
Article 11 – Delivery and performance
- Delivery takes place at the address specified by the customer.
- Orders are usually delivered within 1 to 5 working days, unless stated otherwise.
- If delivery is delayed, the customer will be informed as soon as possible.
- The risk of loss or damage passes to the customer upon receipt of the order.
Article 12 – Subscriptions and recurring deliveries
- Blommers Coffee Roasters offers coffee subscriptions under which the customer receives coffee at a fixed interval, including subscriptions with a rotating coffee of the month and subscriptions with a fixed coffee chosen by the customer. The contents, frequency and price of the chosen subscription are shown and confirmed when the subscription is taken out.
- A subscription is entered into for an indefinite period and continues until it is cancelled by the customer or by Blommers Coffee Roasters. There is no minimum term, unless expressly stated otherwise for a specific subscription.
- For a subscription with a rotating coffee of the month, Blommers Coffee Roasters determines which coffee is delivered in a given period. The customer has no right to a particular origin, roast or flavour profile.
- The customer may cancel the subscription, pause it or skip a delivery at any time via the customer account or by e-mail. A cancellation, pause or skip submitted before the next processing date takes effect for the next delivery; changes received after that take effect for the delivery after that.
- Payment for a subscription is made through a recurring direct debit (SEPA mandate) or another recurring payment method activated by the customer when taking out the subscription. By taking out the subscription, the customer authorises Blommers Coffee Roasters to debit the subscription amount before each delivery.
- If a direct debit fails or is reversed, Blommers Coffee Roasters may suspend delivery until the payment has been made. The customer will be given the opportunity to pay the outstanding amount.
- Blommers Coffee Roasters may change the price or the conditions of a subscription. A change will be announced at least thirty days in advance on a durable medium. A customer who does not wish to accept the change may cancel the subscription free of charge before the change takes effect. A price change resulting solely from a statutory VAT adjustment is not covered by this provision.
Article 13 – Payment
- Payment is made in advance using the payment methods offered (iDEAL, credit card and the like).
- For business customers, payment on account may be agreed (payment term: 14 days net). The consequences of late payment by business customers are set out in Article 22 paragraph 4.
- In the event of late payment, Blommers Coffee Roasters reserves the right to charge statutory interest and collection costs.
Article 14 – Complaints procedure
- Complaints about the performance of the agreement can be submitted by e-mail to [email protected]. The consumer is requested to report a complaint within a reasonable time after discovering it; failure to observe a particular period does not affect their statutory rights.
- Complaints will be answered within 14 days. If more time is needed, the customer will receive a message within that period with an indication of when the complaint will be handled.
- If a complaint cannot be resolved by mutual agreement, the consumer may submit the dispute to the competent dispute resolution body or to the competent court.
Article 15 – Liability
- For consumers. Blommers Coffee Roasters is liable to the consumer in accordance with the statutory rules, including the rules on conformity (Article 7:17 et seq. of the Dutch Civil Code) and product liability.
- The liability of Blommers Coffee Roasters for damage that is not the result of non-conformity, death or injury is limited to the amount paid out by the liability insurance in the case concerned, or, if the insurance does not pay out, to the invoice amount of the order concerned. This limitation does not apply, and full statutory liability remains in force, for: damage resulting from death or physical injury; damage caused by intent or deliberate recklessness on the part of Blommers Coffee Roasters or managers belonging to its management; liability on the basis of product liability (Section 6.3.3 of the Dutch Civil Code); and any other liability that may not be limited or excluded under mandatory law.
- These terms and conditions do not affect the consumer’s statutory rights.
- For business customers. The total liability of Blommers Coffee Roasters towards a business customer is limited to the invoice amount of the order concerned, or to the amount paid out by the liability insurance in the case concerned if that amount is higher.
- Blommers Coffee Roasters is not liable to the business customer for indirect damage, including consequential damage, loss of profit or turnover, business interruption and damage due to loss of data.
- The limitations in paragraphs 4 and 5 do not apply to damage caused by intent or deliberate recklessness on the part of Blommers Coffee Roasters or its managers.
Article 16 – Privacy and data protection
Blommers Coffee Roasters processes personal data in accordance with the General Data Protection Regulation (GDPR). Please consult our privacy statement for more information.
Article 17 – Disputes
- All agreements and disputes are governed exclusively by Dutch law.
- Disputes may be submitted to the competent court of the District Court of Gelderland, unless mandatory law provides otherwise.
- The Vienna Sales Convention (CISG) does not apply.
Article 18 – Additional provisions
Additional or deviating provisions must be recorded in writing or by electronic means. They may not be to the detriment of the consumer. Where these terms and conditions deviate from mandatory consumer law, that law prevails.
Article 19 – Retention of title
- All delivered products remain the property of Blommers Coffee Roasters until the customer has paid in full all amounts due under the agreement, including any interest and costs.
- As long as ownership has not passed, the business customer or reseller may not pledge the products, transfer ownership of them or otherwise encumber them, except for sale and delivery in the normal course of business.
- If payment is not made, Blommers Coffee Roasters is entitled to take back the unpaid products. The customer grants advance access to the location where the products are kept for this purpose. The costs of repossession are borne by the customer.
- In the event of seizure, (provisional) suspension of payments or bankruptcy of the business customer, the business customer must inform Blommers Coffee Roasters immediately.
Article 20 – Force majeure
- Blommers Coffee Roasters is not obliged to fulfil an obligation if it is prevented from doing so by force majeure.
- Force majeure includes, among other things: crop failure or the unavailability of green coffee, shortcomings or delays at suppliers and machine manufacturers, disruptions in transport and logistics, strikes, fire, power or internet outages, government measures, epidemics and other circumstances beyond the reasonable control of Blommers Coffee Roasters.
- During force majeure, the obligations are suspended. If the force majeure lasts longer than thirty days, either party may dissolve the agreement for the part that cannot be performed, without either party being obliged to pay compensation.
- Amounts already paid in advance for products not delivered will be refunded.
Article 21 – Shipping, refused and uncollected shipments
- Blommers Coffee Roasters ships via a carrier of its choice. The shipping costs are shown before the order is completed.
- The customer is responsible for providing a correct and complete delivery address. Additional costs due to an incorrect or incomplete address are borne by the customer.
- If a shipment is refused or not collected in time from a pick-up point and is returned, Blommers Coffee Roasters will contact the customer. The costs of the return shipment and of any new shipment are borne by the customer, unless the refusal is the result of an error attributable to Blommers Coffee Roasters.
- For perishable products that can no longer be sold due to refusal or non-collection, there is no right to a refund.
Article 22 – Additional provisions for business customers
- Individually agreed written arrangements prevail over these terms and conditions in the event of any conflict.
- For a business customer, the provisions that expressly apply to business customers prevail over the provisions written for consumers. Provisions of mandatory consumer law continue to apply in full to consumers.
- The following applies additionally to business customers: the right of withdrawal is excluded; only the manufacturer’s warranty applies; consequential and indirect damage is excluded; retention of title applies (Article 19); and transport in the event of repair is at the expense of the business customer or reseller (Article 10a).
- If a business customer does not pay within the agreed term, the business customer is in default without further notice of default, and Blommers Coffee Roasters is entitled to charge the statutory commercial interest and extrajudicial collection costs.
Article 23 – Intellectual property and trademark rights
- All intellectual property rights in the Blommers Coffee Roasters brand, logos, packaging designs, product and coffee texts, photographs and other content on the website are vested in Blommers Coffee Roasters or its licensors.
- The Wendougee brand and the associated trademark and image rights are vested in the rights holder. Blommers Coffee Roasters acts as distributor for the Netherlands and grants no rights beyond those necessary for resale.
- Without prior written consent, it is not permitted to reproduce, modify, publish or use this content for commercial purposes.
- Resellers may use the brands and the imagery supplied by Blommers Coffee Roasters exclusively for the sale of the products concerned, unmodified, and acquire no rights in the brands themselves as a result.
Article 24 – Amendment of the terms and conditions
- Blommers Coffee Roasters may amend these terms and conditions. Each agreement is governed by the version that applied at the time the agreement was concluded.
- For continuing agreements, such as subscriptions, the amended version applies to future deliveries, with due observance of Article 12 paragraph 7.
- The current version can always be consulted on the website, stating the version number and effective date.
Article 25 – Conversion and partial invalidity
- If a provision of these terms and conditions is void or voidable, the remaining provisions remain in full force.
- The parties will consult to replace the void or voided provision with a valid provision that approximates the purpose and intent of the original provision as closely as possible, whereby a provision applied to a consumer never goes further than mandatory law allows.
Article 26 – Gift cards
- Gift cards are valid for the period stated on the card, and in the absence thereof for the statutory period.
- Gift cards cannot be exchanged for cash and cannot be used to purchase other gift cards.
- Any remaining balance can be used for a subsequent order within the validity period.
- Blommers Coffee Roasters is not liable for loss, theft or unauthorised use of gift cards.