Terms

Part I: General conditions for non-consumers (article 1 up to and including 16)

Part II: General conditions for consumers (article 17 up to and including 33)

Part I: General conditions for non-consumers:

Article 1 General

  1. These conditions apply to all offers and agreements concluded by a legal or natural

person in the exercise of a profession / business, with Espresso Service North, registered under the Commercial Register 61706221.

  1. Deviating terms or conditions, even if they occur in purchase of customer, apply only

if and insofar as we have agreed expressly and in writing.

  1. By placing an order the buyer accepts us the applicability of these terms and conditions.

Article 2 Offers and Contracts

  1. All our offers are not binding. By our written confirmation of an order or by the actual implementation of a

order, an agreement concluded only.

  1. Conditions and agreements with our representatives or other persons in our service made, deviating from these general

conditions, binding only if these have been confirmed by us.

  1. Agreements may be amended or supplemented only if both parties in writing of the change or addition

have agreed.

Article 3 Documents and deviations

  1. In our offers, price lists, catalogs and other promotional material common images, drawings, food e.d. monies

approximate only and are not binding.

  1. All relevant documents provided by us, especially drawings and designs, remain our property and must at first

request to be returned to us, while neither this modest, nor any information on it without our

written authorization may be reproduced or made available to third parties.

  1. When ordering any required special qualities should be explicitly stated.
  2. Orders for small numbers, we reserve the right to adjust the price.

Article 4 Allowances, Price and Costs

The prices quoted by us are not binding and exclusive of VAT. They are based on the time of creation

the transaction prevailing material prices, fabrieksprijzen, exchange rates of foreign currencies, in- and export duties,

insurance rates, freight, taxes and similar factors affecting prices. If in these factors change occurs before the

delivery has occurred, we are entitled to the prices with prior notice, equitably to our

Review, adjust.

Article 5 Packing

Our prices include standard packaging. Special packages, such as crates and Euro Pallets e.d. be charged to the customer

brought. Separately invoiced packaging is credited with free return undamaged within 30

days after the invoice date. This also applies to charged samples and / or models.

Article 6 Delivery times and delivery

  1. The delivery times specified by us are without obligation and are only approximate. Exceeding the delivery, by which

howsoever, the buyer does not give the right to terminate the agreement or to suspend payment and obliges us not to

damages.

  1. We are entitled to meet deliveries in installments and to invoice such partial delivery and receiving payment for

require.

  1. The customer is obliged to take delivery of the goods sold at or about the time of delivery.
  2. The offer to deliver is equated with delivery. If the buyer fails to take delivery of the goods are

we are entitled to store the goods at the expense and risk of the buyer and the full purchase price, plus

reimbursement of costs incurred as a result of the failure to receive particular, due to be.

  1. Goods are delivered within the Netherlands at the place of destination in accordance with the not between us and the

buyer has agreed on this, however, this condition that the destination along the usual route

is reached. The choice of mode of transport is up to us.

Article 7 Payments

  1. Orders via the webshop should be paid in accordance with one of the offered methods. Other orders should

within 14 days after invoice date, unless otherwise agreed.

  1. Any payment by the buyer seeks to settle the oldest unpaid invoice.
  2. If the customer to make any payment to us is in default, all claims we have against the Purchaser immediately

claimable.

  1. If the buyer fails to make timely payment, the buyer has an interest rate of 1% per month. In addition, the

customer collection costs. These collection costs 15% of principal, with a minimum of € 40.-, unless the law

provides otherwise. Furthermore, the customer is obliged to reimburse the costs of legal proceedings. Judicial costs

are costs of a bankruptcy petition understood.

  1. We have at all times the right to demand advance payment or security of the customer, prior to delivery or

further delivery on. If the buyer fails to do, we have the powers as referred to in Article 9

described.

Article 8 Force Majeure

  1. Force majeure means any circumstance as a result of which the fulfillment of an agreement by us

can not reasonably be required, such as war, war risk, mobilization, insurrection, martial law, Disasters, strike, brand,

frost, operational failure, fracture of machine and / or tools, lack of raw materials and materials, stagnation in transport,

barriers which are caused by government measures, failure of power supply, as well as the case that we

by our own suppliers, for whatever reason, not be able to supply.

  1. In the event of force majeure we are entitled to decide to change the agreed delivery or agreement

or not to cancel executed part without being liable to pay any compensation.

Article 9 Suspension and termination

If the customer does not, not properly or timely fulfill any obligation, including also the case that he is a

payment has not been made at the agreed time, or if it is subject to serious doubt whether the buyer

is able to meet its contractual obligations towards us meet, we will always have the right, without notice or

judicial intervention, or the performance of any of the customer agreement to suspend, either in whole or

partially dissolve, this without being held to pay any compensation and without prejudice to further our future

right, while if we are then empowered with all other relevant customer current transactions, so far as not yet carried out, under

cancel equal terms. Any cancellation has always due, the payment of all our outstanding.

Article 10 Cancellation

Cancellation by the buyer is only possible if we acquiesce. When we agree to cancel the customer is a

compensation 30% of the purchase price payable, unless the costs already incurred plus profits in this way certain amount

transcend, in which case it should be paid a higher rate. In case of cancellation, the buyer can not claim

make it not already been presented by us.

Article 11 Retention

  1. Until the time of full payment of all claims – for whatever reason – we have on the purchaser, remain

goods, the expense and risk of the buyer, our property.

  1. All delivered and deliver goods remain our sole property, until all claims we have against the Purchaser or

will obtain, including in any case the claims listed in section 3:92 member 2 Civil Code, fully paid.

  1. The customer is not entitled to the goods, which we owned, pledge or to third parties in fiduciary ownership

while also contributing to a third party in no other kind of entitlement to the goods may be granted.

  1. The customer is not entitled to the goods, which we owned, without our prior written consent

to be delivered by. We reserve all rights with respect to full payment or the provision of a bank guarantee

in favor of us regarding all our claims against the customer before we authorize by delivery.

  1. If the customer has the goods delivered by, the customer is custodian of the goods towards us, in is of

purchaser is obliged to make our retention prior written on by express delivery to his customer, our

shall immediately send a copy as well as the recognition of our ownership of the goods clearly marked on

to attach each of the goods and attached to hold, so before proceeding through to delivery.

  1. The Purchaser undertakes at our first request to cooperate in the establishment of a lien on the claims that the

customer arising from the supply of goods to its customers obtained or will obtain. At our first request the

customer registration to participate in the pledge, If we consider desirable registered lien.

  1. The customer is obliged the goods delivered under retention of title with due care and as

to preserve our identifiable property.

  1. If processed goods supplied by us or mixed with other goods, the purchaser is wearing at the time of and

by the mere fact of processing are possible ownership or co-ownership in the processing resulting

goods to us in advance about what we as security for our claims on him because supplied by us

goods.

  1. If the customer does not or not timely, fulfill one of its obligations, or is in financial difficulties or to our

considers liable to find themselves, we are authorized all goods or part of these goods – regardless of in whose

hands they are – take back. The buyer shall at all times allow us free access to its premises and / or buildings

to inspect the goods and / or to exercise our rights. Upon return, the customer will be credited based on

the value to be attributed to our evaluation of such goods, minus all the repossession cases

costs, without prejudice to our right to compensation from a few things for us resulting damage.

  1. Those provisions leave the rest to our rights unaffected.

Article 12 Warranty

Regards the guarantee granted by us in all cases only the, at our discretion, free repair of the defect and extends

never further than the given vendor or supplier for its product warranty. An appeal to guarantee the

the customer is possible only if and after it has fulfilled its payment obligations to us. We are not bound to guarantee

if the offending defects are the result of normal wear and / or used incorrectly, treatment, maintenance or assembly of the

delivered good. The warranty obligation is void if defects occur after changes or repairs without our

written authorization were made by or on behalf of the buyer.

Article 13 Complaints

  1. Complaints, of any kind, suspend the payment(in) the customer and not on writing only,

accompanied by the packing list in question, submitted to us. No advertising is admissible, where the customer

processing or delivery has passed, while he could the alleged defect in the goods through a simple check

ascertain. Minor deviations from the offer and / or sampling in quality, color or structure or the use according to trade

generally be considered permissible may not constitute grounds for complaints. All the deliveries related

Complaints can only be made within 8 days after delivery of the goods. Complaints about the quality of the delivered

goods can only be made within 8 days after the customer has discovered the faultiness of the goods. On

Over the period mentioned, the right to void advertising.

  1. The buyer is responsible for proving that the goods, to which the claim relates, are the same as those, which are by us

and be delivered in the same condition as when they leave our warehouses or third-party factory.

  1. Returns only after explicit prior permission to be accepted by us and shall be free of charge.

The receipt of the returned goods can our approval not obvious in. The customer is credited

the returns accepted by us net of at least 20% of the invoice value for administration- and freight-

(outbound) en magazijnkosten. Electromechanical products, Custom products manufactured or specially ordered, already in use

products can unfortunately not be returned.

Article 14 Liability

  1. If we are liable, this liability is limited to what is provided in this article.
  2. We are not liable for damage, whatsoever, arise because we are assumed by or on behalf of the customer

incorrect and / or incomplete data.

  1. If we are liable to cover any damage and loss by our professionals- and / or business liability insurance,

then our liability is limited to a maximum of one times the invoice amount, at least that part of the bill

which the liability concerns, with a maximum value of the sum insured. If the damage is not covered

by professionals- and / or business liability or if the insurer does not pay, we are obliged only

to compensate the damage to the invoice amount, at least that part which the liability concerns. Our

Liability is in any case limited to the amount paid by our insurer where appropriate.

  1. We are only liable for direct damage.
  2. Direct damage is only:
  3. a) the reasonable costs incurred to establish the cause and extent of damage, provided that the determination relates to loss

within the meaning of these terms;

  1. b) any reasonable costs incurred to have answered our poor performance on the contract, insofar as these

are attributable to us;

  1. c) the reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs have led

in mitigation of direct damage, as provided in these Terms and Conditions.

  1. We are not liable for indirect damage, including consequential loss, lost profit, lost savings and damage

by business interruption.

  1. We are not liable for third parties' failure, identified by us are in the context of the implementation of the agreement

enabled, nor for any circumstances beyond our will and actions allowing the execution of the Agreement

obstructed, delayed or otherwise disturbed.

  1. The limitations of liability included in this article do not apply if the damage is due to willful misconduct or gross

negligence by us or our senior subordinates.

Article 15 Applicable law

On between us and the customer agreement and the resulting litigation is exclusively Dutch law

application. The applicability of the Vienna Sales Convention is explicitly rejected.

Article 16 Disputes

Without prejudice to our right to submit a dispute to the competent judge, disputes between the parties will in the first

Body shall be submitted to the competent court in our location, unless the law requires otherwise.

Part II: General conditions for consumers

Article 17 General

  1. These conditions apply to all offers and agreements concluded by a natural person not acting

in the exercise of a profession / business, with Espresso Service North, registered under the Commercial Register 61706221.

  1. Deviating terms or conditions, even if they occur in purchase of customer, apply only

if and insofar as we have agreed expressly and in writing.

  1. The agreement can only be concluded after the customer has expressly agreed to the applicability of this

Terms and Conditions.

Article 18 Offers and Contracts

  1. All our offers are not binding. By our written confirmation of an order or by the actual implementation of a

order, an agreement concluded only.

  1. Conditions and agreements with our representatives or other persons in our service made, deviating from these general

conditions, binding only if these have been confirmed by us.

  1. Agreements may be amended or supplemented only if both parties in writing of the change or addition

have agreed.

Article 19 Documents and deviations

  1. In our offers, price lists, catalogs and other promotional material common images, drawings, food e.d. monies

approximate only and are not binding.

  1. All relevant documents provided by us, especially drawings and designs, remain our property and must at first

request to be returned to us, while neither this modest, nor any information on it without our

written authorization may be reproduced or made available to third parties.

  1. When ordering any required special qualities should be explicitly stated.
  2. Orders for small numbers, we reserve the right to adjust the price.

Article 20 Allowances, Price and Costs

The prices quoted by us are not binding and exclusive of VAT. They are based on the time of creation

the transaction prevailing material prices, fabrieksprijzen, exchange rates of foreign currencies, in- and export duties,

insurance rates, freight, taxes and similar factors affecting prices. If in these factors change occurs before the

delivery has occurred, we are entitled to the prices with prior notice, equitably to our

Review, adjust.

Article 21 Packing

Our prices include standard packaging. Special packages, such as crates and Euro Pallets e.d. be charged to the customer

brought. Separately invoiced packaging is credited with free return undamaged within 30

days after the invoice date. This also applies to charged samples and / or models.

Article 22 Delivery times and delivery

  1. The delivery times specified by us are without obligation and are only approximate. Exceeding the delivery, by which

howsoever, the buyer does not give the right to terminate the agreement or to suspend payment and obliges us not to

damages.

  1. We are entitled to meet deliveries in installments and to invoice such partial delivery and receiving payment for

require.

  1. The customer is obliged to take delivery of the goods sold at or about the time of delivery.
  2. The offer to deliver is equated with delivery. If the buyer fails to take delivery of the goods are

we are entitled to store the goods at the expense and risk of the buyer and the full purchase price, plus

reimbursement of costs incurred as a result of the failure to receive particular, due to be.

  1. Goods are delivered within the Netherlands at the place of destination in accordance with the not between us and the

buyer has agreed on this, however, this condition that the destination along the usual route

is reached. The choice of mode of transport is up to us.

Article 23 Payments

  1. Orders via the webshop should be paid in accordance with one of the offered methods. Other orders should

within 14 days after invoice date, unless otherwise agreed.

  1. Any payment by the buyer seeks to settle the oldest unpaid invoice.
  2. If the customer to make any payment to us is in default, all claims we have against the Purchaser immediately

claimable.

  1. If the buyer fails to make timely payment, the purchaser owes the statutory interest. In addition, the purchaser

collection charges. The collection costs are calculated in accordance with the Law Collection costs and at least € 40.-

exclusive of VAT. Furthermore, the customer is obliged to reimburse the costs of legal proceedings.

Article 24 Force Majeure

  1. Force majeure means any circumstance as a result of which the fulfillment of an agreement by us

can not reasonably be required, such as war, war risk, mobilization, insurrection, martial law, Disasters, strike, brand,

frost, operational failure, fracture of machine and / or tools, lack of raw materials and materials, stagnation in transport,

barriers which are caused by government measures, failure of power supply, as well as the case that we

by our own suppliers, for whatever reason, not be able to supply.

  1. In the event of force majeure we are entitled to decide to change the agreed delivery or agreement

or not to cancel executed part without being liable to pay any compensation.

Article 25 Suspension and termination

If the customer does not, not properly or timely fulfill any obligation, including also the case that he is a

payment has not been made at the agreed time, or if it is subject to serious doubt whether the buyer

is able to meet its contractual obligations towards us meet, we will always have the right, without notice or

judicial intervention, or the performance of any of the customer agreement to suspend, either in whole or

partially dissolve, this without being held to pay any compensation and without prejudice to further our future

right, while if we are then empowered with all other relevant customer current transactions, so far as not yet carried out, under

cancel equal terms. Any cancellation has always due, the payment of all our outstanding.

Article 26 Think Forward

The customer can an agreement regarding the purchase of a product from the shop during a grace period 14

Days cancel without giving reasons.

Article 27 Cancellation

Cancellation by the customer is only possible within 24 hours of placing your order. If you order after the expiry

this period to be canceled and we consents, Are you a fee 30% of the purchase price payable, unless the

costs incurred plus the profits determined in this way amount to exceed, in which case a higher percentage is paid

is to be. In the event of cancellation, the customer can not claim it is not already presented by us. We

reserve the right to deduct the fees payable with the deposit.

Article 28 Retention

  1. Until the time of full payment of all claims – for whatever reason – we have on the purchaser, remain

goods, the expense and risk of the buyer, our property.

  1. All delivered and deliver goods remain our sole property, until all claims we have against the Purchaser or

will obtain, including in any case the claims listed in section 3:92 member 2 Civil Code, fully paid.

  1. The customer is not entitled to the goods, which we owned, pledge or to third parties in fiduciary ownership

while also contributing to a third party in no other kind of entitlement to the goods may be granted.

  1. The customer is not entitled to the goods, which we owned, without our prior written consent

to be delivered by. We reserve all rights with respect to full payment or the provision of a bank guarantee

in favor of us regarding all our claims against the customer before we authorize by delivery.

  1. If the customer has the goods delivered by, the customer is custodian of the goods towards us, in is of

purchaser is obliged to make our retention prior written on by express delivery to his customer, our

shall immediately send a copy as well as the recognition of our ownership of the goods clearly marked on

to attach each of the goods and attached to hold, so before proceeding through to delivery.

  1. The Purchaser undertakes at our first request to cooperate in the establishment of a lien on the claims that the

customer arising from the supply of goods to its customers obtained or will obtain. At our first request the

customer registration to participate in the pledge, If we consider desirable registered lien.

  1. The customer is obliged the goods delivered under retention of title with due care and as

to preserve our identifiable property.

  1. If processed goods supplied by us or mixed with other goods, the purchaser is wearing at the time of

and by the mere fact of processing are possible ownership or co-ownership in the processing resulting

goods to us in advance about what we as security for our claims on him because supplied by us

goods.

  1. If the customer does not or not timely, fulfill one of its obligations, or is in financial difficulties or to our

considers liable to find themselves, we are authorized all goods or part of these goods – regardless of in whose

hands they are – take back. The buyer shall at all times allow us free access to its premises and / or

buildings to inspect the goods and / or to exercise our rights. Upon return, the buyer will be

credited based on the value to be attributed to our evaluation of such goods, minus any

on the repossession costs, without prejudice to our right to compensation from a few things for us arising

damage.

  1. Those provisions leave the rest to our rights unaffected.

Article 29 Warranty

Regards the guarantee granted by us in all cases only the, at our discretion, free repair of the defect and extends

never further than the given vendor or supplier for its product warranty. An appeal to guarantee the

the customer is possible only if and after it has fulfilled its payment obligations to us. We are not bound to guarantee

if the offending defects are the result of normal wear and / or used incorrectly, treatment, maintenance or assembly of the

delivered good. The warranty obligation is void if defects occur after changes or repairs without our

written authorization were made by or on behalf of the buyer.

Article 30 Complaints

  1. Complaints, of any kind, suspend the payment(in) the customer and not on writing only,

accompanied by the packing list in question, submitted to us. No advertising is admissible, where the customer

processing or delivery has passed, while he was the alleged defect in the goods through a simple check

able to establish. Minor deviations from the offer and / or sampling in quality, color or structure or in accordance

commercial use are generally considered permissible may not constitute grounds for complaints. All the deliveries

related complaints can only be lodged within 8 days after delivery of the goods. Complaints about

quality of delivered goods can only be made within 8 days after the buyer the inadequacy of

has discovered the goods. After expiry of the deadlines set to expire, the right advertising.

  1. The buyer is responsible for proving that the goods, to which the claim relates, are the same as those, which are by us

and be delivered in the same condition as when they leave our warehouses or third-party factory.

  1. Returns are not accepted without specific prior permission by us and should free

happen. The receipt of the returned goods can our approval not obvious in. The customer is

credited by our authorized returns net of at least 20% of the invoice value

administration- and freight- (outbound) en magazijnkosten. Electromechanical products, Custom products produced or

specially ordered, already used products can unfortunately not be returned.

Article 31 Liability

  1. If we are liable, this liability is limited to what is provided in this article.
  2. We are not liable for damage, whatsoever, arise because we are assumed by or on behalf of the customer

incorrect and / or incomplete data.

  1. If we are liable to cover any damage and loss by our professionals- en/of

business liability insurance, then our liability is limited to a maximum of one times the invoice amount, at least

that part of the bill which the liability concerns, with a maximum value of the insured

amount. If the damage is not covered by the professionals- and / or business liability insurance, or if the

insurer does not pay, we are only obliged to compensate the damage to the invoice amount, at least that part

which the liability concerns. Our liability is always limited to the amount of

payment of our insurer where appropriate.

  1. We are only liable for direct damage.
  2. Direct damage is only:
  3. a) the reasonable costs incurred to establish the cause and extent of damage, provided that the determination relates to

damage within the meaning of these terms;

  1. b) any reasonable costs incurred to have answered our poor performance on the contract, for many

this can be attributed to us;

  1. c) the reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs

resulted in mitigation of direct damage, as provided in these Terms and Conditions.

  1. We are not liable for indirect damage, including consequential loss, lost profit, lost savings and

damage due to business interruption.

  1. We are not liable for third parties' failure, identified by us in the course of the implementation of the agreement

are turned on, nor for any circumstances beyond our will and actions allowing the implementation of the agreement

is hampered, delayed or otherwise disturbed.

  1. The limitations of liability included in this article do not apply if the damage is due to willful misconduct or gross

negligence by us or our senior subordinates.

Article 32 Applicable law

On between us and the customer agreement and the resulting litigation is exclusively Dutch law

application. The Vienna Sales Convention is expressly excluded.

Article 33 Disputes

Without prejudice to our right to submit a dispute to the competent judge, disputes between the parties will in the first

Body shall be submitted to the competent court in our location, unless the law requires otherwise.