Please read the general terms and conditions to order business from Cook & Boon coffeeroasters. We like to work in a pleasant and transparent way.

1. General

1.1 These conditions apply to all our offers, agreements and deliveries.
1.2 Deviations from these conditions must be explicitly agreed in writing. Agreed deviations do not affect the validity of the other conditions and never apply to more than one transaction.
1.3 If our contracting partner is a natural person who does not act in the exercise of a profession or business, the articles of these conditions or parts thereof that are unreasonably onerous for our contracting partner and therefore appear on the list as intended in art. 6:236 Dutch Civil Code, or are otherwise contrary to provisions of mandatory consumer law, do not apply.
1.4 The rights and obligations arising from the agreement(s) concluded and to be concluded with our contracting partner, of which these conditions form part, cannot be transferred by him to third parties without our consent. In the same way, these rights and obligations are not susceptible to legal transfer.

2. Offers
2.1 Unless expressly stated otherwise and/or our offers contain a period for acceptance, they are without obligation and we are authorized to revoke these offers within five working days after acceptance thereof by our contracting partner.
2.2 The information provided by us in any form and in any way whatsoever with regard to the products offered by us is as accurate as possible, but can only give a general impression of what is offered. Our contracting partner must therefore take into account, among other things, the normal and/or customary tolerances in the industry. In particular, with regard to images and/or descriptions appearing in our catalogues and brochures, he must take into account deviations, whether or not as a result of changes in the applied constructions and/or the production process. Deviations do not release our contracting partner from his obligations arising from what has been agreed. No liability can be accepted by us.

3. Agreements/Changes
3.1 Proof of the content of the agreement includes the description thereof in the written confirmation to be sent by us to our contracting partner, which must be returned signed for approval within eight working days of receipt thereof. In the absence of any response from our contracting partner within this period, the agreement is deemed to have been concluded in accordance with the written confirmation.
3.2 If our contracting partner wishes to change and/or cancel what has been agreed after the agreement has been concluded, he must notify us thereof as soon as possible in writing. Changes and/or cancellations are only possible if we also agree. The risk in connection with orally or by telephone given changes and/or cancellations rests with our contracting partner, unless we have confirmed the relevant change in writing.
3.3 a The extra costs in connection with a change, of whatever nature, shall be borne by our contracting partner. If our contracting partner cancels the agreement in whole or in part, he is obliged to fully compensate us for all our costs and losses arising therefrom.

4 Prices/price quotations
4.1 Prices are in Dutch currency, excluding VAT and/or other government levies and are calculated excluding the costs of transport and/or shipment, insurance and installation, which include, among other things, the costs of structural work, demolition work, and painting work. The costs mentioned here shall be borne by our contracting partner.
4.2 Price quotations only relate to the quantities specified therein and only apply insofar as the offer is purchased in its entirety.
4.3 The price at the time of the conclusion of the agreement shall apply. If at any time thereafter, before complete delivery has taken place, changes occur in one or more price-determining factors, of whatever nature, leading to the agreed price having to be higher in retrospect, we are authorized to pass on this cost increase in full. Price-determining factors in this context include: raw material prices, material, labour and transport costs, currency ratios, import duties, VAT and other levies.

5 Delivery
5.1 Depending on the type of product to be delivered to our contracting partner, delivery takes place either directly by the importer without our intervention, or by us.
5.2 If the first case mentioned in sub. 5.1 occurs, the importer regulates the method of transport and the risk in connection with the products to be delivered rests with him. We bear no liability in this regard.
5.3 If we deliver ourselves to our contracting partner - the second case mentioned in sub 5.1 - the method of transport and/or shipment is at our discretion. The risk of the products to be delivered passes to our contracting partner at the moment they are delivered by us at the agreed place.
5.4 If it has been agreed that the products to be delivered will be collected by our contracting partner from us, the risk of these products passes to him at the moment they are ready for his disposal at our premises. The products must be collected by him within 10 days of a corresponding message from us.
5.5 If it has been agreed that delivery will take place on call from our contracting partner, this delivery must in any case take place within 3 months after the conclusion of the agreement. Extension of this period - by a maximum of 3 months - is only possible after reimbursement of any additional costs and/or after prepayment of the agreed price.
5.6 We are authorized to deliver in parts.

6 Delivery time
6.1 Agreed delivery times do not count as strict deadlines, even if these deadlines have been explicitly accepted by our contracting partner. In the event of late delivery, we are therefore only in default after notice of default.
6.2 If our contracting partner requests us to deliver before the expiry of the agreed delivery period, if and insofar as this is within our possibilities, the extra costs incurred by us in connection therewith, such as overtime costs, shall be borne by him.

7 Installation
With due observance of the provisions of sub 4.1, the products delivered by us to our contracting partner will be installed by us or by a third party to be designated by us.

8 Force majeure
8.1 Force majeure includes any circumstance beyond our will and control, whether or not foreseeable at the time of entering into the agreement, as a result of which performance cannot reasonably be required of us, such as: lack of raw materials, factory or transport disruptions of any kind and however caused, strikes, exclusion of or shortage of personnel, quarantine epidemics, mobilization, state of siege, war, riots, obstructed or closed supply by land, sea or air, frost delay, non-performance by third parties, whether or not attributable to them, engaged by us for the purpose of carrying out what has been agreed, as well as all impediments caused by government measures.
The provisions herein also apply if these circumstances concern our suppliers or experts engaged by us.
8.2 If a situation of force majeure arises on our part, we will inform our contracting partner thereof as soon as possible and inform him whether delivery is still possible and, if so, within what period.
8.3 If delivery is not permanently impossible, but cannot take place within three months, both parties are authorized to dissolve the agreement by written notification to the other party, without one party being entitled to compensation from the other. Such a notification must be made within 1 week after the (receipt of the) notification as referred to in 8.2.
8.4 Our contracting partner remains obliged to pay for the part of the agreement already executed by us.

9 Retention of title
9.1 Delivery takes place under retention of title. This reservation applies to claims for payment of all products and/or services delivered or to be delivered by us to our contracting partner under any agreement, as well as to claims due to our contracting partner's failure to comply with these agreements.
9.2 We are authorized, if our contracting partner is late with payment or if there is good reason to assume that he will not pay or will pay late, to take back the delivered products which, in accordance with the provisions of sub 9.1, have remained our property. Such a taking back is considered a dissolution of the agreement(s) concluded with our contracting partner. Insofar as necessary, we are deemed to be irrevocably authorized by our contracting partner to remove (or have removed) the relevant products from where they are located.
9.3 Our contracting partner is authorized, if and insofar as necessary in the context of his normal business operations, to dispose of the products subject to retention of title. If our contracting partner makes use of this authorization, he is obliged to deliver the products subject to retention of title to third parties only under reservation of (his) property rights. He is also obliged to grant us a silent pledge on the claims he has or will acquire against the relevant third parties, at our first request. Normal business operations do not include providing security to third parties, in any way and in any form whatsoever.
9.4 If the products to be delivered by us are intended to be assembled or mixed with property of third parties, our contracting partner is obliged to grant us a silent pledge on the claims he has or will acquire against these third parties, at our first request, if necessary before delivery to him takes place.

10 Resale
10.1 The contracting partner, wholesaler, is entitled to resell the products delivered by us, but he is obliged to:

a. not to resell the products to other wholesalers or to third parties for the benefit of wholesalers:
b. not to resell the products, which are intended by us only for large consumers, to retailers:
c. not to resell the products to staff purchasing associations:
d. not to resell the products to those from whom we have announced or the contracting partner has received notice that they are excluded from receiving one or more products:
e. to resell the products to large consumers at a selling price not lower than the price set by us:
f. to resell the products to large consumers in the original packaging from us, without any modification or damage thereto:
g. to refrain from applying his own trademark to the packaging of the goods in such a way that our factory trademark is no longer visible, without our express permission:
h. to agree with his customer, if the latter acts professionally, by way of a chain clause, that the obligations mentioned under a to g must be fulfilled upon resale within the Netherlands.

11 Complaints/warranty
11.1 On penalty of forfeiture of his right to complain, any complaints related to visible imperfections and/or shortages in the quantity to be delivered must be reported by our contracting partner to us within eight days of delivery or execution. All other complaints must have reached us in writing within two weeks after our contracting partner became aware or could have become aware of any imperfections, with an accurate description of the complaint(s).
Complaints after a period of one (1) year after delivery or execution will no longer be handled by us. The same applies after a period of three months if it concerns used products.
11.2 On penalty of forfeiture of his right to complain, the products concerning which our contracting partner complains must be carefully stored by him and made available to us at our first request for further investigation, by us or by a third party to be designated by us.
11.3 a Complaints are not possible if the products show deviations that fall within a normal or industry-standard production tolerance. They are also not possible with regard to imperfections in, on, or related to the electrical part, the rubber parts, or the safety valves of the delivered goods; nor with regard to imperfections that are the result of normal wear and tear.
b Complaints are also not possible with regard to deviations resulting from external causes and/or from any act or omission of our contracting partner or third parties. In particular, but not exclusively, complaints cannot be made if the imperfections are caused by improper or negligent use and/or storage: excessive load or unskilled maintenance: repair work, changes or (re)location made or performed without our express permission: failure to follow the instructions for use and maintenance provided by us.
c Complaints are also not possible if the fact that the products do not comply is the result of any government regulation regarding the nature or quality of the applied construction or materials. If the technical insights in the industry or the relevant government regulations change, we cannot be solely attributed a shortcoming for that reason, and our contracting partner does not have the right to complain solely on that ground.
11.4 In the event that our contracting partner complains with due observance of the foregoing and his complaint is found to be justified by us, we will, at our option, replace the relevant products or parts thereof – after which these become our property and must be returned to us carriage paid – or repair them free of charge or grant a price reduction, all in accordance with and limited to the warranty given to us by the manufacturer.
11.5 Call-out costs, costs of transport, (return) shipment and/or storage shall be borne by our contracting partner.
The products or parts thereof to be replaced and/or repaired are at his risk.
11.6 Our contracting partner cannot derive any rights from the provisions of sub 11.4 if and insofar as he does not fully comply with his payment obligations towards us.

12 Liability/indemnification
12.1 Compliance with our obligations arising from complaints/warranty as described in sub 11 above, shall be regarded as the sole and complete compensation for damages. Any other claim for damages, on whatever ground, is excluded, unless there is gross negligence or intent on our part: gross negligence or intent of subordinates or of others engaged by us in the context of the execution of what has been agreed with our contracting partner, not included. More specifically, we are not liable for printing, writing or calculation errors and/or ambiguities in our advertising material and/or in our offers or order confirmations.
12.2 Our contracting partner is obliged to indemnify us and hold us harmless against all claims from third parties, regardless of their nature and extent, and waives any right of recourse against us in this regard.
12.3 In case of liability, insofar as it is covered by our liability insurance, a limitation applies up to the amount of the payout made by the insurer. If the insurer does not make a payout in any case or the damage is not covered by the insurance, our liability is limited to the amount that our contracting partner owes us under the agreement, up to a maximum of € 5,000.