General Terms and Conditions of Bocca Coffee B.V. for Consumers

Email: info@bocca.nl
Website: www.bocca.nl

 

Article 1 – Definitions

1. Bocca Coffee B.V.: Bocca Coffee B.V., established in Dronten, registered with the Dutch Chamber of Commerce under number 34318667.

2. Consumer: A Customer who acts as a private individual.

3. Parties: Bocca Coffee B.V. and the Consumer together.

4. Products: The products offered by Bocca Coffee (such as freshly roasted coffee, tea, accessories for making coffee or tea, and workshops).

Article 2 – Applicability

1. These terms and conditions apply to all offers, orders, and deliveries of services or products by or on behalf of Bocca Coffee B.V.

2. Deviations from these terms are only valid if agreed upon in writing.

3. The applicability of the consumer’s or any third party’s general terms and conditions is expressly excluded.

4. If one or more provisions of these terms are wholly or partly invalid or annulled, the remaining provisions will remain in force. The invalid/annulled provision(s) shall be replaced with a provision that aligns as closely as possible with the original intent.

5. Any uncertainties about the content or interpretation of these terms, or situations not covered herein, must be interpreted in the spirit of these general terms and conditions.

Article 3 – The Offer

1. All offers by Bocca Coffee B.V. are non-binding unless explicitly stated otherwise in writing. Offers are only valid when set out in writing.

2. The offer includes an accurate description of the product and pricing, detailed enough to allow the Consumer to properly assess it. Obvious mistakes or errors do not bind Bocca Coffee B.V. Images and specifications are indicative only and do not entitle the Consumer to compensation.

3. Delivery times and deadlines mentioned are indicative and cannot be grounds for cancellation or compensation.

4. Offers are valid while supplies last and are subject to a “while supplies last” principle.

Article 4 – Formation of the Agreement

1. The agreement is concluded when the Consumer accepts an offer by paying for the product, subject to exceptions outlined in Article 7.

2. Offers are made via the website.

3. Bocca Coffee B.V. will confirm the agreement in writing or via email.

4. Bocca Coffee B.V. is not bound to offers the Consumer should reasonably recognize as errors or typos.

Article 5 – Subscription

1. The agreement for purchasing coffee beans or ground coffee may be one-time or in the form of a subscription.

2. Subscriptions initially run for 3 months and can be paused or canceled monthly thereafter.

3. The Consumer may pause the subscription for one or more months. This must be done in writing (electronically) through the Consumer's account, at least one week before the billing date, unless agreed otherwise. Bocca Coffee B.V. must confirm the pause in writing.

4. Either party may cancel the subscription immediately in case of insolvency, bankruptcy, or liquidation of Bocca Coffee B.V. No refunds or compensation will be due.

Article 6 – Prices

1. Prices are in euros, including VAT and excluding additional costs like administration or shipping fees, unless agreed otherwise. Orders outside the EU are shown excluding VAT.

2. Bocca Coffee B.V. may adjust prices at any time.

3. Price adjustments may occur annually.

4. Consumers will be informed in advance.

5. If the Consumer disagrees with a price increase, they may cancel the agreement.

Article 7 – Payments

1. The Consumer pays immediately upon ordering.

2. Multiple payment methods are available on the website.

3. Subscription payments are collected via direct debit.

Article 8 – Right of Withdrawal

1. The Consumer may cancel an online purchase within 14 days without giving a reason. The right of withdrawal does not apply if:

   • The product has been used.

   • The product is perishable.

   • The product was custom-made or modified, e.g., ground coffee.

   • The Consumer waived the right of withdrawal.

   • The service has been fully executed with prior consent and waiver of the right.

2. The 14-day cooling-off period starts:

   • The day after receiving the last product of the order.

   • The day after booking a workshop.

3. The Consumer may invoke the withdrawal right by sending an email to info@bocca.nl.

4. The product must be returned within 14 days of withdrawal notification, or the right lapses.

Article 9 – Reimbursement of Delivery Costs

1. If the Consumer withdraws on time and returns the full order, Bocca Coffee B.V. will refund shipping costs within 14 days of receiving the returned items.

2. Shipping costs are only reimbursed if the entire order is returned.

Article 10 – Return Costs

1. The Consumer bears the return costs if they invoke the right of withdrawal and return the full order.

Article 11 – Intellectual Property

1. All intellectual and copyright rights remain with Bocca Coffee B.V. and are not transferred to the Consumer.

Article 12 – Delivery

1. Delivery is subject to availability.

2. Products are delivered to the address provided by the Consumer. No rights can be derived from incorrect address details.

Article 13 – Delivery Time

1. Delivery times are indicative. Late delivery does not entitle the Consumer to cancellation or compensation unless agreed in writing.

2. Delivery time starts after full order completion and confirmation.

3. No compensation or cancellation is possible unless delivery is not made within 14 days after a formal request, unless agreed otherwise.

Article 14 – Shipping Costs

1. The Consumer pays for shipping unless agreed otherwise in writing.

Article 15 – Packaging and Shipping

1. If packaging is damaged, the Consumer must have this noted by the carrier before accepting the product. Otherwise, claims for damage will not be accepted.

Article 16 – Storage

1. If the Consumer delays receipt of products, any quality loss risk lies with the Consumer.

2. Any extra costs due to early or delayed pickup are at the Consumer’s expense.

Article 17 – Warranty

1. Warranty applies only to defects caused by manufacturing, construction, or material faults.

2. Warranty does not cover:

   • Normal wear and tear

   • Damage from accidents

   • Modifications made by the Consumer

   • Negligent or improper use

   • Unclear causes

3. Risk transfers to the Consumer upon legal or physical delivery.

Article 18 – Exchanges

1. Products may be exchanged within 14 days with the original receipt if:

   • Returned in original packaging

   • Unused

2. Perishable or custom-made products (e.g., ground coffee) cannot be exchanged.

Article 19 – Execution of the Agreement

1. Bocca Coffee B.V. executes the agreement to the best of its knowledge and ability.

2. Services may be partially or fully outsourced.

3. Execution takes place after written agreement and payment.

Article 20 – Information from the Consumer

1. The Consumer must provide all information necessary for proper execution of the agreement.

2. The Consumer guarantees the correctness of this information.

Article 21 – Privacy and Data Protection

1. Bocca Coffee B.V. handles personal data carefully. Questions can be sent to info@bocca.nl. See also the privacy policy.

2. Security will match agreed specifications and be reasonable given the sensitivity of the data.

3. Consumers can request data removal by emailing info@bocca.nl.

Article 22 – Indemnification

1. The Consumer indemnifies Bocca Coffee B.V. from third-party claims related to delivered products or services.

Article 23 – Complaints

1. The Consumer must check products/services promptly for deficiencies.

2. Any issues must be reported via email within 2 weeks to info@bocca.nl.

3. The Consumer must describe the issue as clearly as possible.

Article 24 – Notice of Default

1. Must be submitted via info@bocca.nl.

2. The Consumer is responsible for ensuring timely delivery of the notice.

Article 25 – Liability

1. Bocca Coffee B.V. is only liable for damages caused by intent or gross negligence.

2. Liability applies only to direct damages linked to the agreement.

3. Indirect damages (e.g., lost profits) are excluded.

4. Liability is limited to insured amounts or the invoice amount.

5. Images and descriptions are indicative and do not entitle to compensation or cancellation.

Article 26 – Expiry

1. Any right to compensation expires 12 months after the event that caused the liability, unless stated otherwise in Dutch law.

Article 27 – Termination

1. The Consumer may terminate the agreement if Bocca Coffee B.V. fails to meet its obligations, unless the failure is minor or incidental.

2. Termination is possible only after Bocca Coffee B.V. has been given a reasonable period to comply.

Article 28 – Force Majeure

1. Bocca Coffee B.V. is not liable for failure to fulfill obligations due to force majeure.

2. Force majeure includes, but is not limited to:

   • Emergency situations (e.g., civil unrest, natural disaster)

   • Supplier or delivery failures

   • Power or network outages

   • Viruses or cyberattacks

   • Strikes

   • Government action

   • Transport issues

   • Severe weather

   • Work stoppages

3. Obligations are suspended during force majeure.

4. If force majeure lasts over 30 days, either party may cancel the agreement.

5. No compensation is owed in force majeure situations.

Article 29 – Changes to the Agreement

1. Changes to the agreement must be agreed upon by both parties if necessary for execution.

Article 30 – Amendments to the Terms and Conditions

1. Bocca Coffee B.V. may amend these terms.

2. Minor changes may be made at any time.

3. Consumers may cancel the agreement if there is a significant change.

Article 31 – Invalid Provisions

1. If any provision is found to be invalid, the rest remain in effect.

2. Invalid provisions are replaced by provisions that reflect the original intent.

Article 32 – Applicable Law and Jurisdiction

1. Dutch law applies to these terms and any related agreement.

2. The court in the district where Bocca Coffee B.V. is located has exclusive jurisdiction, unless otherwise required by law.

Issued on: January 1, 2025