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General Terms and Conditions for Business Customers

Business information for agreements.

Your contracting partner in all agreements made through the website www.worldcoffeegear.eu (hereinafter: "Website") is:

World Coffee Gear BV.("WCG", "we "or "us")
Ericssonstraat 2
5121 ML Rijen

Phone: +31(0)88 8009853
E-Mail: hello@worldcoffeegear.eu

Chamber of Commerce number: 83953019
VAT-number: NL863046344B01

 

1. APPLICABILITY

1.1 These terms and conditions, as well as all other terms and conditions and documents referred to in these terms and conditions (hereinafter: "Terms and Conditions"), apply to all agreements and other (legal) acts between WCG and business customers, not being consumers (hereinafter: "Customer", "you", or your"). Please read these Terms carefully before ordering any product and/or service and print these Terms for later reference.

1.2 The applicability of general and/or special conditions of the Customer is excluded, unless WCG has accepted the applicability of such conditions in writing.

1.3 Our Website is solely directed at Buyers in Europe. The Conditions are therefore applicable to the sale and shipment of WCG products within Europe. By ordering products and/or services through our Website, you warrant that:

  • You are authorized to enter into a legally valid agreement.
  • You are at least 18 years old.
  • You are a resident or established in Europe.

1.4 Some products or services on our Website are offered by third parties and not by WCG. These products and/or services may be subject to the (general) terms and conditions of these third parties. Please ensure that you are in agreement with these terms and conditions before entering into the agreement.

2. AGREEMENTS

2.1 All quotations and offers (on the Website) are without obligation and do not bind WCG unless otherwise indicated. An order from the Customer only constitutes an offer to buy a product and has to be explicitly accepted by WCG. A Contract is only concluded if and insofar as WCG has accepted an order by sending an order confirmation (by email) with the content of the Contract and/or has started the execution of the Contract within 5 days after the order was placed.

2.2 All statements on the Website about numbers, measures, weights, descriptions and/or other indications have been made with care, but only serve to identify the products and are only approximate, as long as they have not been explicitly confirmed by WCG in writing. Obvious mistakes, such as calculation, spelling and typing errors in offers, quotations, prospectuses, publications, promotions, order confirmations, invoices and other documents issued by WCG are not binding on WCG. Demonstrated or provided (test)models or drawings are only non-binding indications of the products concerned. Guarantees regarding quality, durability, function and suitability for a particular use are only binding in case explicitly stated by WCG, for instance in the technical specifications of a product. Offers made by us or third parties do not represent properties of the products.

2.3 In case the ordered products are not available anymore, WCG has the right to offer a substitute product of the same quality. Insuch cases WCG will first contact Customer for approval. In case the Customer does not agree with the replacement product, the order can be cancelled and WCG will arrange for collection of the product and/or refund the purchase price.

3. DELIVERY TERMS AND TRANSFER OF RISK

3.1 Delivery periods and times will be taken into account by WCG as much as possible, but are not binding. If the delivery term is exceeded, the Customer is not entitled to any compensation or to suspension of its obligations under the Contract.

3.2 Delivery of articles will only take place after checking and approving the customer data of the Customer. If the data, for example, prove not to be in accordance with article 1.1 of these Terms and Conditions, WCG can cancel the Agreement. You will be informed about this by email.

3.3 The delivery period shall commence on the day of the conclusion of the Agreement, as described in article 2.1 of these Terms and Conditions.

3.4 Deliverywill take place (by a transport company) to the address provided by the Customer. In case you are not present at the first delivery attempt in case of delivery to a specified address, you will receive a non-home message and you can contact the carrier to make a new appointment. Sometimes a proposal is made for a second delivery attempt or the product can be delivered to your neighbors, if they are willing to accept the product for you.

3.5 WCG reserves the right to make partial deliveries on justified grounds.

3.6 The risk on the Articles shall pass upon delivery of the Articles by WCG to the forwarding agent, carrier, or any other third party designated forthe transport. In case delivery of the articles is delayed by the Customer, the Customer shall be in default without notice of default from the moment WCG has indicated that the articles are ready for shipment. In that case WCG is entitled to store the articles at the expense and risk of the Customer or to sell the articles to a third party. The Customer shall remain liable for the purchase price, increased by the interest and costs (in case of damages), however reduced by the net proceeds of the sale to such third party.

4. PRICES, PAYMENT AND OWNERSHIP

4.1 All prices are net prices (excluding VAT) in Euro. Additional costs, such as transport, will be indicated separately on the Website or in the Check-out.

4.2 An invoice with the product-, transport-and additional costs will be sent together with the order confirmation by email to the email address provided by the customer.

4.3 Notwithstanding the actual delivery, title to the Products shall not pass to the Customer until the Customer has paid in full all that is or shall be due to WCG under the Contract, including the purchase price, any surcharges, interest, taxes, costs and damages due under these Terms and Conditions or the Contract.

4.4 Before ownership of the Products has passed to the Customer, the Customer shall not be entitled to dispose of, lease or give in use, pledge or otherwise encumber the Products.

4.5 If and as long as WCG is the owner of the articles, the Customer shall notify WCG immediately in writing when the articles are (likely to be) seized or any other claim is made on (any part of) the articles. Furthermore, the Customer shall, at WCG's first request, inform WCG where the articles are located and, if so desired, give WCG access to the articles.

4.6 In the event of an attachment of (part of) the products, a (provisional) suspension of payments or bankruptcy of the Customer, the Customer shall immediately inform the attaching bailiff, administrator or receiver of the (ownership) rights of WCG.

4.7 If and insofar as the Customer has not paid the agreed price for the delivered products, the Customer shall, in case he has resold the products delivered by WCG to a third party, be obliged at the first request of WCG to give all necessary cooperation to the establishment of a lien for the benefit of WCG on all claims of the Customer against that third party on account of that resale, without prejudice to the other rights of WCG under the Contract or by law.

4.8 Be aware that you have to pay for ordered products directly if you choose to pay via iDeal, Creditcard, Mastercard, Visa, ApplePay, Paypal etc. (See Payment Methods). WCG has chosen forthese payment solutions to process orders on its Website in a secured way. 

WCG has made an agreement with Mollie for this. (Keizersgracht 313, 1016 EE, Amsterdam, info@mollie.com, +31 (0)20 8202070). Payment information will not be provided to WCG and payment will only be made under the condition that you agree to the terms and conditions of Mollie, because for the execution of the payment a separate agreement between you and Mollie will be entered into. Please make sure that you can agree to Mollie’s terms and conditions before choosing to pay by credit card. If you choose delivery to an address other than the address where your payment card is registered, WCG may need to verify your details beforethe order is accepted and completed.

5. WARRANTY/COMPLAINTS

5.1 In case WCG delivers products to the Customer which WCG has obtained from its suppliers, the content and scope of the warranty, the warranty period and the (other) warranty conditions as statedby those suppliers shall apply. WCG shall never be liable to the Customer for a warranty that exceeds the warranty that WCG is entitled to receive from its suppliers. For WCG's own brand products the warranty conditions as set out in articles 5.2 to 5.9 of these Terms and Conditions shall apply.

5.2 In the event the Customer invokes a warranty given by WCG or the law, the Customer shall inform WCG in writing about the defect as soon as possible after discovery but not later than fourteen (14) days after receipt of the product, or in case of a hiddendefect within 14 days after discovery for the first time. As far as complaints regarding products with a limited shelf life are concerned (like for instance food products), the complaint concerned needs to be reported within 48 hours after delivery. The Customer cannot derive any rights from the fact that the complaint is being dealt with. For returns, warranty or complain, please see HERE

5.3 The warranty on WCG's own brand products implies that products, which show defects in material and/or workmanship, will be repaired or replaced free of charge within the warranty period, all this at the discretion of WCG. In case repair or replacement is not reasonably possible, WCG will refund the purchase price as a last resort.

5.4 After notification of a defect the Customer shall enable WCG to inspect the relevant product. Inspection of the defective product shall take place at the office of WCG, all at the discretion of WCG. The costs for returning the product are for the account of WCG. However, in case the complaint turns out to be unfounded, the Customer has to bear the costs for the return shipment. Resellers who return products uppon aproval, have to take care of proper shipment and have to bear the cost of shipment. 

5.5 Customer shall allow WCG a reasonable period of time to investigate and repair, replace or refund the purchase price of the product.

5.6 The warranty period depends on the product and will be determined by WCG per product (type). A (part of a) product that is replaced or taken back becomes the property of WCG and has to be returned to WCG.

5.7 Not covered by the warranty are defects to the products which have occurred as a result of normal wear and tear, or as a result of any external cause, such as for instance damage caused during transport by the Customer, incorrect or careless use, or in case any (repair) activities or changes have been carried out or made to the product without WCG's prior written consent, unless those activities or changes are inherent to the use of the product.

5.8 In case WCG has repaired defects in material and/or workmanship under the warranty, has replaced the product concerned or has refunded the purchase price, WCG shall be fully discharged with regard to its warranty obligations and WCG shall not be obliged to pay any further compensation or damages.

5.9 After detection of any defect the Customer is obliged to immediately cease the use, treatment, processing and/or installation of the relevant articles and furthermore to do and to refrain from doing what is reasonably possible to prevent further damage.

6. LIABILITY AND INDEMNIFICATION

6.1 WCG shall never be liable for any direct or indirect loss or damage suffered by the Customer or any third party, including consequential loss or damage, immaterial loss or damage to business or the environment.

6.2 WCG complies with the requirements of the food law regulation. WCG shall not be liable for transport of food products, or consequences thereof, by the Customer, even if transport is done with the aid of equipment supplied by WCG.

6.3 The exclusion of liability as mentioned in articles 6.1 and 6.2 of these Terms and Conditions shall not apply in the event that the damage at the Customer's has been caused by intent or gross negligence on the part of WCG or its managerial staff.

6.4 Unless the damage has been caused by intent or gross negligence of WCG, the Customer shall indemnify WCG against all claims of third parties, directly or indirectly related to (the use of) the Products and shall reimburse WCG for all damages, including (legal) consultancy costs, which WCG suffers as a result of such claims.

6.5 The Customer is obliged to limit the incurrence of further or other damage, as far as reasonably possible.

6.6 To the extent permitted by law, the limitation period for bringing damage claims against WCG is limited to one (1) yearexcept when otherwise described on the website.

7. EXCHANGE/CANCELLATION 

7.1 You have no right to cancel or exchange your order, or a third party appointed by you. If you want to cancel the agreement must be made by means of a clear (written) statement by mailto us to assess.

  • World Coffee Gear BV, Attn: Support Department
  • Ericssonstraat 2, 5121 ML, Rijen
  • Telephone: +31 (0)88-8009853
  • Email: hello@worldcoffeegear.eu

7.2 WCG is not obliged to give notice of termination of the contract to a third party.

7.3 WCG is only obliged to honor a request for exchange or cancellation of the order, but if honored by WCG the Customer should deliver at first:

  • Proof of payment or purchase invoice of the purchased item.
  • The unused and undamaged, complete product.
  • The original, undamaged packaging of the product.
  • The complete uncompleted warranty certificate (if applicable).

7.4 The order can never be cancelled or exchanged in case of:

  • Discounted products or products that are part of a promotional offer (voucher, action, promotion, etc.).
  • Products that have been removed from their original packaging.
  • Products manufactured according to the specifications of the Customer, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the Customer, or which are clearly intended for a specific person (e.g. Private/Fancy Label).
  • Products that spoil quickly or have a limited shelf life.
  • Products that are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery.

7.5 If you invoke your right to exchange or cancel the order, the products concerned and all accessories supplied must be in our possession immediately and in any event no later than 2 days (2)  after you made known to us bij FORM that you wished to exchange or cancel the order. Affter mutual consultation following the application via the FORM it can be agreed that you may return the products. 

7.6 WCG is not obliged to exchange purchased products in case the product, to the judgement of WCG, has been used or damaged or has undergone any change.

8. DEFAULT/DISSOLUTION

8.1 In the event that the Customer does not, not adequately or not timely comply with any obligation that may arisefor it under any Contract or these Conditions, the Customer shall be in default without any notice of default being required and WCG shall be entitled:

  • Suspend the performance of the Contract and any other contracts directly related to it, until payment has been adequately secured.
  • To dissolve the whole or part of the Contract and any contracts directly connected therewith, without WCG being liable to pay any compensation and without prejudice to WCG's other rights.

8.2 In the event that the Customer is granted a (temporary) moratorium or is declared bankrupt, or if the Customer discontinues or liquidates its business, all Contracts with the Customer shall be dissolved by operation of law, unless WCG notifies the Customer within a reasonable time that it demandsperformance of the relevant Contract or Contracts, in which case WCG shall be entitled to suspend performance of the relevant Contract or Contracts without notice of default and until payment has been adequately secured, without prejudice to WCG's other rights.

8.3 In each of the cases mentioned in articles 8.1 and 8.2 of these Terms and Conditions, all claims of WCG against the Customer shall be immediately due and payable in full, the Customer shall be obliged to return the articles immediately and WCG shallbe entitled to enter the premises of the Customer to take possession of those articles.

9. PRIVACY

9.1 When using our Website, placing an order, and/or performing a Contract, WCG may use your personal information. Please click on the following link for more information about our Privacy Policy.

10. COMMERCIAL EMAILS

10.1 When you register on our Website, you may choose to receive promotional emails. You may later opt out of receiving promotional emails at any time by clicking on the link at the bottom of the emails or by changing your account settings on the Website. It may take several days for your opt-out to be processed. You will then no longer receive promotional emails until you have changed your settings again.

11. FORCE MAJEURE

11.1 In the event that WCGcannot fulfil its obligations towards the Customer due to a non-attributable shortcoming (force majeure), the obligations will be suspended for the duration of the force majeure situation. Force majeure means any circumstance beyond the control of WCG, as a result of which the fulfilment of its obligations to the Customer is wholly or partly hindered or as a result of which the fulfilment of its obligations cannot reasonably be required from WCG, regardless of whether that circumstance was foreseeable atthe time of the conclusion of the Contract. These circumstances include: strike, lockout, lockdown,fire, machinery breakdown, stagnation or other problems with the production by WCG's suppliers and/or measures of any governmental body, as well as the absence of anygovernmental permits.

11.2 In the event that any situation of force majeure has lasted for two months or longer, both parties shall be entitled to dissolve the Contract in writing, wholly or in part, without any obligation to pay damages.

12. CHOICE OF LAW AND COMPETENT COURT

12.1 The Agreement and these Conditions are governed by Dutch law. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.

12.2 All disputes arising in connection with the Contract or these terms and conditions shall, insofar as not otherwise prescribed by mandatory law, be subject to the jurisdiction of the competent court in Amsterdam, on the understanding that WCG has the right to bring claims against the Customer, whether or not simultaneously, before other (judicial) bodies that are competent to hear such claims.

13. OTHER PROVISIONS

13.1 All costs, judicial and/or extrajudicial, which WCG has to incur as a result of non-compliance with the obligations under the Contract, or any relationship with the Customer, shall be borne entirely by the Customer. The extrajudicial costs are set at a minimum of 15% of the principal sum and interest, without prejudice to the Contractor's right to claim the actual extrajudicial costs that exceed this amount.

13.2 The failure to directly enforce any right or power of WCG shall not affect or limit WCG's rights and powers under this Agreement. Waiver of any right or condition in the Agreement will only be effective if made in writing.

13.3 Without the express consent of WCG, the Customer is not permitted to assign (any obligation under) the Contract to third parties. WCG is entitled to attach conditions to this consent.

13.4 In the event that one or more provisions of these Terms and Conditions prove to be wholly or partly void, the other provisions shall remain in full force and effect and the relevant provision shall, as far as possible, have a corresponding effect with regard to content and purport.

13.5 WCG has the right to amend these Terms from time to time, for example as a result of changes in the market, technology, payment options, legislation and the capabilities of our system. Your Agreement with us shall be governed by the Terms and Conditions in force at the time of the relevant order, or if WCG subsequently notifies you of the change but before the order confirmation is sent and in such case you have not notified us within seven (7) days of receipt of the notice that you do not agree to the change in the Terms and Conditions.

General Terms and Conditions for Coupon and Voucher Promotions

General coupon and voucher promotions

Coupons/Vouchers are only valid at www.worldcoffeegear.eu and when you are logged into your WCG web-account. Not valid for telephone or mail- orders. One Coupon/Voucher per order. Coupons/Vouchers can be used once. They are not valid in conjunction with other offers or discount promotions. They are not redeemable for cash and no refunds are possible. They are not valid on orders already placed. Offers are valid while supplies last. All amounts are exclusive of VAT. WCG reserves the right to change these terms and conditions at any time.

How do coupon / voucher codes work?

  • Log in to your WCG.com account.
  • Add the desired products to your cart.
  • Enter the Coupon / Voucher Code in the Discount Code field at checkout.

November 2023