Terms and Conditions

Article 1: Applicability

These General Terms and Conditions of Delivery (hereinafter: 'Terms and Conditions') apply to all offers, orders and agreements of Van Hilst Koffie en Thee.

Accepting an offer or placing an order means that the contracting party (hereinafter: buyer) accepts the applicability of these Conditions. If the buyer does not accept these Terms and Conditions, we request that the buyer does not use this site.

The provisions of these Terms and Conditions may only be deviated from after written notification or written approval by Van Hilst Koffie en Thee, in which case the other provisions will remain in full force.

All rights and entitlements, as stipulated in these Conditions and in any further agreements for the benefit of Van Hilst Koffie en Thee, are also stipulated for the benefit of intermediaries and other third parties engaged by Van Hilst Koffie en Thee.

These terms and conditions respect the rights of the consumer arising from the law (or the sales agreement).

Article 2: Offers/agreements

All offers from Van Hilst Koffie en Thee are without obligation and Van Hilst Koffie en Thee expressly reserves the right to change the prices, in particular when this is necessary on the basis of (legal) regulations.

An agreement is only concluded after acceptance of the order by Van Hilst Koffie en Thee. Van Hilst Koffie en Thee is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, Van Hilst Koffie en Thee will communicate this within a short time after receipt of the order.

Article 3: Prices and payments

The stated prices for the products and services offered are in euros, including VAT and excluding shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.

Van Hilst Koffie en Thee offers various payment options. Advance payments by giro, by bank or subsequent payment by invoice. If Van Hilst Koffie en Thee sends an invoice for goods sold or work performed or to be performed, the buyer is obliged, unless otherwise agreed, to pay within 14 days of the invoice date.

In the absence of payment within the payment term, the buyer owes Van Hilst Koffie en Thee, without further notice of default being required, interest of 1% per month, whereby part of the month counts as a whole month.

The costs of judicial and extrajudicial collection are for the account of the buyer. The extrajudicial collection costs are calculated on the basis of the collection rate of the Netherlands Bar Association, with a minimum of € 300 per invoice.

Insofar as a buyer fails to comply with any payment and/or other obligations vis-à-vis Van Hilst Koffie en Thee, as well as when the buyer applies for suspension of payment or if he or a third party applies for bankruptcy or if the buyer submits a request pursuant to the WSNP or proceeds to the sale or liquidation of its company or if a substantial part of goods belonging to it is seized, Van Hilst Koffie en Thee has the right to suspend deliveries to be made or work to be performed or other performances to be performed. / or to dissolve, without prejudice to Van Hilst Koffie en Thee's right to performance or compensation. In addition, Van Hilst Koffie en Thee may, without any prior written notice of default, demand immediate payment in one go if one of the above-mentioned circumstances occurs.

If the prices for the products and services offered increase in the period between the order and the execution thereof, you are entitled to cancel the order or dissolve the agreement within ten (10) days after notification of the price increase by Van Hilst Koffie and Tea.

Article 4: Delivery

If a payment for an order has been received, the items, if in stock, will be delivered as soon as possible. When an item is not available, the customer will be contacted and the order may be canceled if desired. In that case, if the order has already been paid, the amount will be refunded to the customer's account within a few days.

Van Hilst Koffie en Thee applies a maximum delivery period of 30 days. If the ordered products are not delivered within 30 days, the buyer has the option to dissolve the purchase agreement.

The delivery times stated by Van Hilst Koffie en Thee are only indicative. Exceeding any delivery period does not entitle the buyer to compensation.

The delivery of the products takes place at the place and time at which the products are ready for shipment to the buyer.

Van Hilst Koffie en Thee is entitled to make partial deliveries. The extra costs of subsequent delivery are borne by Van Hilst Koffie en Thee.

Van Hilst Koffie en Thee is not obliged to fulfill the delivery in parts if part of the order cannot be shipped immediately as a whole.

Article 5: Return

After receipt of the product, the buyer has a cooling-off period of 14 days to dissolve the agreement without giving any reason and to return or exchange the product.
The buyer must then report this in writing (via e-mail or letter) within 14 days of receipt and return the product (in original, complete and undamaged packaging) undamaged, complete and unused.

Articles that are specially ordered by Van Hilst Koffie en Thee from third parties for the buyer cannot simply be returned.

Fresh products such as coffee and tea cannot be returned.

The buyer bears the costs and the risk of the return shipment.

Articles of which the foil/seal has been broken cannot be returned by Van Hilst Koffie en Thee.

If the buyer has already made any payment, Van Hilst Koffie en Thee will refund the order amount due within 14 days after registration of your return, provided that the product has already been returned in good order.

Article 6: Delivery

The buyer contributes to the shipping costs. The amount of the shipping costs varies and depends on the country in which the delivery is made. Within the Netherlands, the size of the order also determines the amount of the shipping costs. The shipping costs are shown at the checkout in the webshop before the order is finally placed.

Article 7: Retention of title

As long as the buyer has not paid the agreed price in full, Van Hilst Koffie en Thee retains ownership of the goods to be delivered and delivered. Insofar as an agreement consists of the delivery of goods on the one hand and the performance of work on the other hand, Van Hilst Koffie en Thee retains title to the goods until the time when both the price for the goods delivered and for the work performed have been paid. Van Hilst Koffie en Thee also retains title to goods to be delivered in respect of claims related to the agreement due to failure to comply with an obligation by the other party under the agreement, including but not limited to claims for compensation and interest.

Insofar as a circumstance as referred to in Article 3 occurs, Van Hilst Koffie en Thee is entitled, without notice of default being required, to collect the goods that have remained the property of Van Hilst Koffie en Thee or have them collected where they are located. Insofar as Van Hilst Koffie en Thee has taken back the goods, it is entitled to retain the goods until the amount due, including interest and costs and compensation, has been paid in full or to dissolve the agreement.

As long as the ownership of the goods sold by Van Hilst Koffie en Thee has not yet been transferred to a buyer, the buyer is obliged to keep the goods separately and with due care. As long as ownership has not yet passed to the buyer, the latter is obliged to insure these goods against damage. At Van Hilst Koffie en Thee's first request, the buyer is obliged to provide Van Hilst Koffie en Thee with the policy for inspection to Van Hilst Koffie en Thee.

Article 8: Intellectual and industrial property rights

The buyer must fully and unconditionally respect all intellectual and industrial property rights that rest on the products supplied by Van Hilst Koffie en Thee.

Van Hilst Koffie en Thee does not guarantee that the products delivered to the buyer do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.

Article 9: Complaints and liability

The buyer has the obligation to examine upon delivery whether the products comply with the agreement. If this is not the case, the buyer of Van Hilst Koffie en Thee must contact info [at] vanhilst as soon as possible and in any case within two (2) days after delivery, or at least after observation was reasonably possible. .com

If a product shows a defect, the manufacturer/importer will determine whether the product will be repaired or replaced.

If it is plausible that the defect is attributable to the buyer or is otherwise at the buyer's expense and risk, the product will be returned in consultation in the same condition or repaired/replaced at the buyer's expense.

The products supplied by Van Hilst Koffie en Thee come with a full manufacturer's warranty in accordance with the conditions set by the relevant manufacturer.

The risk during the transport of the product ordered by the buyer is for Van Hilst Koffie en Thee. At the time of delivery of the product, the risk of the product passes to the buyer, except for the liabilities that cannot legally be excluded by Van Hilst Koffie en Thee. When PostNL marks the shipment as "delivered", the product is considered to have been delivered. The status of the shipment by PostNL can be checked at www.postnl.nl.

In the case of maintenance carried out by Van Hilst Koffie en Thee - Technische Dienst, a 12-month warranty is given on all replaced parts, unless otherwise agreed before the repair or maintenance takes place. If repaired within the warranty period, the original warranty period remains unchanged. If an external party is necessary for repair in the context of a maintenance service, the costs of any transport to that external party are not covered by the warranty and are therefore for the account of the buyer.

Article 10: Orders/communication

For misunderstanding, mutilation, delays or improper transmission of order data and communications as a result of the use of the internet or any other means of communication in the traffic between the buyer and Van Hilst Koffie en Thee or between Van Hilst Koffie en Thee and third parties, insofar as with regard to the relationship between the buyer and Van Hilst Koffie en Thee, Van Hilst Koffie en Thee is not liable, unless and insofar as there is intent or gross negligence on the part of Van Hilst Koffie en Thee.

Article 11: Personal data

Van Hilst Koffie en Thee respects the privacy of all users of its site and adheres to the Personal Data Registration Act. The personal information that the buyer provides to us will always be treated confidentially with care.

All data entered in the order form is considered personal data.

Van Hilst Koffie en Thee will use the buyer's personal data to fulfill the agreement. The data will not be made available to third parties.
The policy regarding personal data is further elaborated in the privacy policy that can be read on the website of Van Hilst Koffie en Thee: www.vanhilst.com

Article 12: Force majeure

Without prejudice to its other rights, Van Hilst Koffie en Thee, in the event of force majeure, has the right, at its own discretion, to suspend the execution of the order or to dissolve the agreement without judicial intervention, by written notice to the buyer. and without Van Hilst Koffie en Thee being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

Force majeure is understood to mean any shortcoming that cannot be attributed to Van Hilst Koffie en Thee, because it is not attributable to it and cannot be held accountable by virtue of the law, legal act or generally accepted views.

Article 13: Miscellaneous

If the buyer provides Van Hilst Koffie en Thee with an address in writing, Van Hilst Koffie en Thee is entitled to send all orders to that address, unless the buyer informs Van Hilst Koffie en Thee in writing of another address to which orders should be sent. to be sent.

If Van Hilst Koffie en Thee allows deviations from these Terms and Conditions, whether or not tacitly, for a short or longer period of time, this will not affect its right to still demand immediate and strict compliance with these Terms and Conditions. The buyer can never assert any right based on the fact that Van Hilst Koffie en Thee applies these Conditions smoothly.

If one or more of the provisions of these Terms and Conditions or any other agreement with Van Hilst Koffie en Thee should be in conflict with any applicable legal provision, the provision in question will lapse and will be replaced by a fixed by Van Hilst Koffie en Thee new legally permissible comparable provision to be made.

Van Hilst Koffie en Thee is authorized to use third parties for the execution of your order(s).

Article 14: Applicable law and competent court

All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.

All disputes between the parties will be submitted exclusively to the competent court in the Netherlands.

Article 15: Complaints procedure

Complaints about the implementation of the agreement must be submitted fully and clearly described to Van Hilst Koffie en Thee within 7 days after the buyer has discovered the defects.

Complaints submitted to Van Hilst Koffie en Thee will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Van Hilst Koffie en Thee will respond within a period of 14 days with a notice of receipt and an indication when the buyer can expect a more detailed answer.

If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
In the event of complaints, a buyer must first of all turn to Van Hilst Koffie en Thee. In the event of complaints that cannot be resolved in mutual consultation, the buyer must turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution is still not reached, the buyer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both Van Hilst Koffie en Thee and the buyer agree to this binding ruling. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the buyer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend Van Hilst Koffie en Thee's obligations, unless Van Hilst Koffie en Thee indicates otherwise in writing.

Article 16: Disputes

Only Dutch law applies to agreements between Van Hilst Koffie en Thee and the buyer to which these general terms and conditions apply. Even if the buyer lives abroad.
The Vienna Sales Convention does not apply.