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General terms and conditions

These General Terms and Conditions apply to the agreement concluded between Canigó Coffee and you, our customer, also referred to below as 'the Orderer'. General Terms and Conditions apply. Rules?! We at Wakuli get annoyed by that too, but sometimes it is important to read the small print and comply with it. But first... coffee!

Definitions

In these General Terms and Conditions, the following terms have the following meanings:

  • Canigó Coffee: legal entity Canigó Coffee BV that supplies (coffee) products remotely to companies and consumers.
  • Orderer: the natural person or legal entity who enters into a distance contract with Canigó Coffee.
  • Distance contract: an agreement whereby, within the framework of the system organised by Canigó Coffee, our websites and related systems, for the distance sale of products and/or services, up to the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
  • Distance communication technology: a means that can be used to conclude an agreement without the Customer and Canigó Coffee being in the same place at the same time.
  • Withdrawal period: the period within which the Customer can exercise his right of withdrawal.
  • Right of withdrawal: the possibility for the Customer to cancel the distance contract within the cooling-off period.
  • Day: calendar day.
  • Continuing agreement: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over a longer period, if applicable.
  • Durable medium: any instrument that enables the Customer or Canigó Coffee to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.

 

Applicability

  1. These General Terms and Conditions apply to every offer from Canigó Coffee and to every distance contract concluded between Canigó Coffee and the Customer.
  2. Before the distance contract is concluded, Canigó Coffee will make the text of these General Terms and Conditions available to the Customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the General Terms and Conditions can be viewed at Canigó Coffee and that they will be sent free of charge to the Customer as soon as possible upon request.
  3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these General Terms and Conditions may be provided to the Customer electronically in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge to the Customer electronically or otherwise at the Customer's request.
  4. If, in addition to these General Terms and Conditions, specific product or service conditions also apply, Articles 2 and 3 shall apply accordingly and, in the event of conflicting General Terms and Conditions, the Customer may always invoke the applicable provision that is most favourable to him.The Offer
  1. If an offer is of limited duration or if certain conditions apply, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Customer to properly assess the products and/or services. If Canigó Coffee uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind Canigó Coffee.
  3. All offers contain such information that it is clear to the Customer what rights and obligations are associated with accepting the offer. This includes in particular:
  • the price, including taxes;
  • any delivery costs;
  • the manner in which the agreement will be concluded and what actions are necessary to establish this;
  • whether or not the right of withdrawal applies;
  • the form of payment, delivery or performance of the agreement;
  • the period for accepting the offer or, where applicable, the period for honoring the price
  • the rate for distance communication if the costs for using the distance communication technology are calculated on a basis other than the basic rate;
  • if the agreement is archived after it has been concluded, how the Customer can consult it;
  • the manner in which the Customer can become aware of undesirable actions before concluding the agreement, and the manner in which the Customer can correct these actions before concluding the agreement;
  • the codes of conduct to which Canigó Coffee has submitted and the manner in which the Customer can consult these codes of conduct electronically; and the minimum duration of the distance contract in the event of a contract relating to the uninterrupted or periodic delivery of products or services.

 

 

The subscription

  1. The agreement between Canigó Coffee and the Customer is concluded at the moment that the Customer accepts the offer of Canigó Coffee by fully and correctly completing the web form on the website and also meets the conditions set therein. An agreement is also concluded upon acceptance of an offer from Canigó Coffee, other than the offer on the website, when the Customer accepts the offer in the same manner in which Canigó Coffee makes the offer to the Customer and meets the conditions set therein.
  2. If the Orderer has accepted the offer electronically, Canigó Coffee will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Orderer may terminate the agreement.
  3. If the agreement is concluded electronically, Canigó Coffee will take appropriate technical and organizational security measures for the electronic data transfer and will ensure a secure web environment. If the Customer can pay electronically, Canigó Coffee will take appropriate security measures to that end.
  4. Canigó Coffee may, within the limits of the law, inquire whether the Customer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If Canigó Coffee, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. Canigó Coffee will send the following information with the product or service, in writing or in such a way that it can be stored by the Customer in an accessible manner on a durable data carrier:
  • the visiting address of the Canigó Coffee business location where the Customer can submit complaints.
  • the conditions under which and the manner in which the Customer can exercise the right of withdrawal, or, where applicable, clear information about the fact that he is exempt from the right of withdrawal.
  • the information corresponding to the existing after-sales service and guarantees.
  • the information contained in these Terms and Conditions regarding the identity of Canigó Coffee, unless Canigó Coffee has already provided this information to the Customer prior to the execution of the agreement.
  • the conditions for cancelling a subscription if the subscription has a term of more than one year or otherwise agreed.
  • If Canigó Coffee has committed itself to delivering a series of products or services, the provisions of the previous paragraph only apply to the first delivery. Right of withdrawal
  1. When purchasing products, the Customer has the option to cancel the agreement without giving reasons for at least 14 days. This period commences on the day of receipt of the ordered products by or on behalf of the Customer.
  2. When exercising the right of withdrawal, the Orderer will handle the product with care and keep the packaging closed. The Orderer will then return the product in its original condition and packaging to Canigó Coffee without delay, acting in accordance with the reasonable and clear instructions provided by Canigó Coffee.
  3. Given the guarantee of freshness of Canigó Coffee's products and the quality and flavours that are closely related to the freshness of these products, starting from the date on which the coffee is roasted, the Customer cannot exercise the right of withdrawal if the Canigó Coffee products are not returned to the address of Canigó Coffee within 10 days after the date of roasting the coffee.
  4. An order can be returned to the following address: Canigó Coffee BV
    Rounding 19-G
    8072 TB NUNSPEET
  5. The packaging has already been opened and it is not quite what you expected? Maybe you will make someone else happy with the product. You can only return the opened product if the reason is made known in advance by email, including photos, why the product should be returned. After approval by our sales department, you can return the product to the specified address. Costs in case of withdrawal
  1. If the Customer exercises his right of withdrawal, only the costs of return will be borne by the Customer.
  2. If the Customer has made a payment, Canigó Coffee will refund this amount as soon as possible, but no later than 30 days after the return or cancellation. Data protection

1. When the Customer orders coffee on our website and in the further contact we have with the Customer as a result of the order, we process the personal data of the Customer. How we do this can be read in our Privacy Statement.

 

The price

  1. Special promotions and offers are only valid while stocks last.
  2. Personal discount codes that Canigó Coffee provides to individual customers are intended to recruit new paying customers from their own direct circle (such as via social media, e-mail, or word of mouth). These Canigó Coffee discount codes may not be used for purposes other than those for which they are provided, and/or for commercial purposes.
  3. It is not permitted to use the brand name Canigó Coffee, or other combinations of our brand name, including incorrect spelling, for one and/or more URLs and thereby attract internet traffic that can be used to distribute Canigó Coffee discount codes.
  4. Any (attempted) fraud and/or any way in which an unauthorized action is registered and/or noticed, will result in Canigó Coffee denying the use of the discount codes. Canigó Coffee also reserves the right to settle the discount received and the accumulated credit retroactively.
  5. In the event of a violation of Articles 21, 22, 23, Canigó Coffee reserves the right to take legal action and to this end will use the means provided for by Dutch law.
  6. The prices of the products and/or services offered will not be increased during the period of validity stated in the offer, except for price changes due to changes in VAT rates.
  7. By way of exception to the previous paragraph, Canigó Coffee may offer products or services whose prices are subject to fluctuations in the financial market and over which Canigó Coffee has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer.
  8. Price increases within 1 month after the conclusion of the agreement are only permitted as a result of new legislation.
  9. Price increases from 1 month after the conclusion of the agreement are only permitted if Canigó Coffee has stipulated this and
    1. they are the result of statutory regulations or provisions; or
    2. the Consumer has the authority to terminate the agreement before the day on which the price increase takes effect.

10. All prices stated for the delivery of products or services are exclusive

 

BTW.

Conformity and warranty

  1. Canigó Coffee guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of usability and/or reliability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
  2. Any guarantee arrangement offered by Canigó Coffee, manufacturer or importer does not affect the rights and claims that the Customer can assert against Canigó Coffee in connection with a failure to fulfil Canigó Coffee's obligations under the law and/or the distance contract.

 

Delivery and execution

  1. Canigó Coffee delivers everywhere in the Netherlands, unless this is deemed impossible by the third party with which Canigó Coffee collaborates.
  2. Delivery of Canigó Coffee products will take place at the expense of Canigó Coffee to the address specified by the Customer when ordering as the delivery address when a subscription is taken out with Canigó Coffee or when otherwise indicated on the website.
  3. The place of delivery is the address provided by the Customer to the company.
  4. Delivery is only possible on days on which the third party used by Canigó Coffee indicates that it can deliver.
  5. Canigó Coffee delivers to the address that the Orderer indicates in his/her customer account or individual order on our website. If the Orderer wants to change the delivery address and this request crosses a delivery that is already ready, this change will be processed at the latest for the next delivery.
  6. If it is not possible to personally transfer the products, the agreement between Canigó Coffee and the Customer can be fulfilled by offering the products to the neighbours of the delivery address indicated by the Customer, or by delivering the products to the collection point closest to the delivery address.
  7. If the products have not yet been paid for at the time of personal transfer in accordance with the provisions of Articles 52 to 60, Canigó Coffee shall retain title to the products until the purchase price has been paid in full.
  8. Canigó Coffee will exercise the utmost care when booking and executing product orders and when assessing requests for the provision of services.
  9. In compliance with the provisions of article 11 of these General Terms and Conditions, Canigó Coffee will execute accepted orders with due speed, but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the Customer will be notified of this at the latest one month after placing the order. In that case, the Customer has the right to terminate the agreement without costs and is entitled to any compensation.
  10. In the event of rejection pursuant to the previous paragraph, Canigó Coffee will refund the payment made by the Customer as soon as possible, but no later than 30 days after rejection.
  11. If delivery of an ordered product proves impossible, Canigó Coffee will make every effort to offer an equivalent replacement product. Prior to delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by Canigó Coffee.
  12. Unless expressly agreed otherwise, the risk of loss and/or damage to products remains with Canigó Coffee until the moment of delivery to the Customer.

 

Terms: duration, termination and extension Termination

  1. An agreement that provides for the regular delivery of products, for example – but not limited to – Canigó Coffee's repeated delivery of products, can be terminated by the Customer at any time in accordance with the applicable termination rules.
  2. An Orderer may terminate the agreements referred to in the preceding paragraphs:
  • cancel at any time and is not limited to cancellation at a specific time or during a specific period;
  • terminate the agreement with Canigó Coffee in the same manner as it was entered into by the Customer.
  • at the same time as Canigó Coffee has negotiated for itself for the termination in order to comply with the agreement. Extension
  • A fixed-term contract, which concerns the regular delivery of products or services, cannot be automatically extended or renewed for a specific period.
  • An agreement entered into for a definite period and which provides for the regular delivery of products or services can only be tacitly extended for an indefinite period if the Customer can terminate the agreement at any time with a notice period of one month. Termination

1. In the event that the Customer fails to comply with his or her obligations as set out in this agreement, Canigó Coffee may use various options to obtain compliance by the Customer or to terminate the agreement. These include, but are not limited to, the following actions:

  • a. Canigó Coffee may give the Customer the opportunity to still fulfil his or her obligations within a period set by Canigó Coffee; and
  • b. Canigó Coffee may terminate the agreement in whole or in part without prior notice.

1. Canigó Coffee will at all times reserve the right, in addition to terminating the agreement, to also recover full compensation for any damages and costs from the Customer in the manner provided for by Dutch law.

Duration

1. If an agreement has a duration of at least six months, the Customer may terminate the agreement at any time with a notice period of no more than one month in accordance with the conditions described above in the Termination Clause.

 

Payment

  1. For payment by the Customer to Canigó Coffee, the Customer may only use payment options offered and/or approved by Canigó Coffee.
  2. By making the first payment via the payment portal available on the Canigó Coffee website, the Customer expressly authorizes Canigó Coffee to also collect future payments from the account number specified by him/her, this only applies if a subscription has been agreed.
  3. Payment by the Orderer will take place after an agreement has been reached between the Orderer and Canigó Coffee. In the case of an agreement relating to subscriptions, the periodic payment will take place prior to each delivery.
  4. If the Customer does not pay within the specified period and/or does not pay on time, for example because he/she has insufficient funds on the account specified by him/her for payment, or because the amount debited has been reversed, Canigó Coffee may charge an amount of EUR 2.50 in costs.
  5. If payment is not made on time, Canigó Coffee will send a reminder. If payment is not made within the term stated herein, Canigó Coffee is entitled to unilaterally terminate the subscription taken out by the Orderer with immediate effect, without prejudice to the right to also collect compensation and damages for overdue payments and to recover the associated collection costs from the Orderer.
  6. Canigó Coffee offers invoices and payment reminders exclusively electronically.
  7. Canigó Coffee collects the amount equal to the amount of the order placed by the Customer.
  8. The Customer has the obligation to inform Canigó Coffee in a timely manner of any inaccuracies in the payment details.

    Complaints procedure

  1. Complaints about the performance of the agreement must be submitted to Canigó Coffee within a reasonable time after the Consumer has discovered the defects, fully and clearly described. Complaints about a received product must be emailed in writing and if possible with a photo to service@canigocoffee.com within 14 days, stating the reason for the complaint. If the complaint concerns the packaging, the Customer must handle the product with care. The Customer will then return the product in its original packaging to Canigó Coffee without delay, acting in accordance with the reasonable and clear instructions provided by Canigó Coffee.
  2. Complaints submitted to Canigó Coffee will be answered within 14 days of receipt. If a complaint requires a foreseeable longer processing time, Canigó Coffee will respond within 14 days with a confirmation of receipt and an indication of when the Customer can expect a more detailed answer.
  3. A complaint about a product, service or after-sales service that Canigó Coffee has provided can also be submitted via the contact form on the website. The complaint will then be sent to both Canigó Coffee and the Customer.

 

4. If the complaint cannot be resolved by mutual agreement, there is a dispute that is subject to the disputes committee.

Disputes

  • Agreements between Canigó Coffee and the Customer to which these General Terms and Conditions apply are exclusively governed by Dutch law. Additional or deviating provisions
  • Additional or deviating provisions from these General Terms and Conditions may not be to the detriment of the Customer and must be recorded in writing or in such a way that they can be stored by the Customer in an accessible manner on a durable data carrier. Changes to the General Terms and Conditions of Canigó Coffee BV
  • Changes to these Terms and Conditions are only valid after they have been published in an appropriate manner, provided that the provision most favourable to the Customer will prescribe the appropriate changes during the validity period of the offer.Canigó Coffee BV Ampèrestraat 19C 1976 BG IJmuiden The Netherlands

    e-mail: info@canigocoffee.com

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