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
- 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.
- 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.
- By placing an order the buyer accepts us the applicability of these terms and conditions.
Article 2 Offers and Contracts
- 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.
- 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.
- Agreements may be amended or supplemented only if both parties in writing of the change or addition
have agreed.
Article 3 Documents and deviations
- In our offers, price lists, catalogs and other promotional material common images, drawings, food e.d. monies
approximate only and are not binding.
- 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.
- When ordering any required special qualities should be explicitly stated.
- 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
- 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.
- We are entitled to meet deliveries in installments and to invoice such partial delivery and receiving payment for
require.
- The customer is obliged to take delivery of the goods sold at or about the time of delivery.
- 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.
- 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
- 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.
- Any payment by the buyer seeks to settle the oldest unpaid invoice.
- If the customer to make any payment to us is in default, all claims we have against the Purchaser immediately
claimable.
- 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.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The customer is obliged the goods delivered under retention of title with due care and as
to preserve our identifiable property.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- If we are liable, this liability is limited to what is provided in this article.
- We are not liable for damage, whatsoever, arise because we are assumed by or on behalf of the customer
incorrect and / or incomplete data.
- 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.
- We are only liable for direct damage.
- Direct damage is only:
- 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;
- b) any reasonable costs incurred to have answered our poor performance on the contract, insofar as these
are attributable to us;
- 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.
- We are not liable for indirect damage, including consequential loss, lost profit, lost savings and damage
by business interruption.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- Agreements may be amended or supplemented only if both parties in writing of the change or addition
have agreed.
Article 19 Documents and deviations
- In our offers, price lists, catalogs and other promotional material common images, drawings, food e.d. monies
approximate only and are not binding.
- 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.
- When ordering any required special qualities should be explicitly stated.
- 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
- 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.
- We are entitled to meet deliveries in installments and to invoice such partial delivery and receiving payment for
require.
- The customer is obliged to take delivery of the goods sold at or about the time of delivery.
- 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.
- 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
- 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.
- Any payment by the buyer seeks to settle the oldest unpaid invoice.
- If the customer to make any payment to us is in default, all claims we have against the Purchaser immediately
claimable.
- 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
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- The customer is obliged the goods delivered under retention of title with due care and as
to preserve our identifiable property.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- If we are liable, this liability is limited to what is provided in this article.
- We are not liable for damage, whatsoever, arise because we are assumed by or on behalf of the customer
incorrect and / or incomplete data.
- 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.
- We are only liable for direct damage.
- Direct damage is only:
- 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;
- b) any reasonable costs incurred to have answered our poor performance on the contract, for many
this can be attributed to us;
- 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.
- We are not liable for indirect damage, including consequential loss, lost profit, lost savings and
damage due to business interruption.
- 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.
- 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.