Java Coffee Webshop | Terms of use
Scope
These general conditions govern the legal relationship between the seller, hereinafter referred to as "JAVA", and the customer. These conditions take precedence over the general and/or other conditions of the customer's even if they provide that they alone apply. Derogations from the present conditions are possible only with JAVA's prior written approval. JAVA reserves the right to amend the provisions of these conditions.
Taking delivery of goods supplied by JAVA means unconditionally accepting the present general conditions and the commitment to abide by them.
When orders are placed online on the seller's website, the specific conditions of use of the website become likewise applicable.
The nullity of one of the provisions of these general conditions can in no way affect the validity of the other clauses. Failure to claim a right or the non-application of a penalty by JAVA in no way means that it waives or gives up such right.
Offers
All of JAVA's offers are valid for a period of 90 calendar days, save as otherwise indicated, and do not create any commitments on JAVA's part. Any agreement with or order from JAVA is effective only after written or electronic confirmation by JAVA.
Price increase, unavailability and change
The prices specified by JAVA are based on actual prices and are subject to exchange rates of foreign currencies, import duties, levies, taxes and charges as known at the time of presentation (offer or online). However, JAVA reserves the right to increase the prices if one or more of the above elements increase.
JAVA has the right to make changes or additions to the products if they are the result of the technical development of the products, economic conditions or unavailability on the market. JAVA will endeavour to provide as equivalent an alternative as possible in such cases.
The products which JAVA offers for sale online are offered within the express limits of available stocks in JAVA's warehouses or at its suppliers. If the product is unavailable, any payment made will be credited.
Risk
Without prejudice to the reservation of ownership indicated in section 9, the risks are for the customer from the moment the goods leave JAVA's warehouse. In the event of failure to pay or to comply with one of the provisions of these conditions, JAVA can ipso jure and without serving notice of default immediately cancel the agreement without prejudice to its right to take back the products supplied and demand compensation.
Objections
Save as otherwise agreed, the customer should transmit any complaints in writing immediately within two working days after delivery of the goods with regard to visible defects or non-conformity, and within two working days after discovering hidden defects. JAVA cannot assume any liability for visible and hidden defects once these periods have expired without having received the above-mentioned letter. In response to timely, justified and proven complaints of the customer, JAVA will repair or (wholly or partly) replace the product, but JAVA cannot be obliged to pay compensation over and above this.
Notice of contesting any of JAVA's invoices must be served within 10 days of the date of the invoice, at the risk of any such claim lapsing.
Private customers may, within seven days of receipt and at their own expense, return any non-perishable goods ordered electronically that they do not like, exclusively in the original packaging and together with the invoice.
Delivery
JAVA will take all reasonable measures to ensure that products ordered are delivered in time. Terms of delivery are always indicative do not constitute a result obligation on JAVA's part. A delay in delivery as a result of force majeure can never oblige JAVA to pay compensation or constitute grounds for refusing goods ordered. JAVA reserves the right to make partial deliveries.
Products are shipped carriage paid in the most favorable manner for JAVA. Customers are charged additional costs for urgent deliveries.
Every order is binding on the buyer. Any cancellation of the order by the customer must be effected in writing within a reasonable period and needs to be accepted by JAVA. In the event of late cancellation of the order, the customer must pay flat-rate compensation of 20% of the value of the order, without prejudice to any higher amount of damage suffered by JAVA as proven by it.
JAVA reserves the right to cancel an order or part of an order or postpone it if there are problems with the suppliers or in the event of force majeure, without JAVA owing any compensation as a result.
Original packaging
The customer / reseller must trade any goods marketed by JAVA in the original retail packaging hailing from JAVA, without any change or damage thereto.
Publicity material
Any publicity material owned by JAVA is provided only on loan and must be returned in good condition at JAVA's first request.
Reservation of ownership
All products supplied remain the property of JAVA until the principal, interest, costs and tax have been fully paid. Delivery of items sold does not constitute waiving of this reservation of ownership.
Any means of transport used by JAVA such as packages, containers and trays, even if for practical reasons they stay behind with the customer, and any equipment leased or loaned remain the exclusive property of JAVA or its suppliers.
The customer undertakes, upon being first requested to do so by JAVA, to affix to the products sold, leased or made available such data as make them identifiable and/or confirm JAVA's ownership. Moreover, the customer must oppose any action by third parties that might violate JAVA's right of ownership and may not put JAVA's right of ownership at risk through their own action or failure to act.
The customer must immediately inform JAVA of any violation or possible violation of JAVA's right of ownership.
JAVA reserves the right to assert this reservation of ownership without any costs using all possible publicity, without the customer having any claim to any compensation for possible consequences that such publicity might have for him.
Empty packaging material
JAVA may demand that the customer pay a guarantee for the packaging it uses for delivery. JAVA will take the empty packaging back on payment of the guarantee. The empty packaging must be returned in good condition, unsoiled, undamaged, where appropriate clearly marked with the registered trademarks of the auction houses. Buyers may not place the crates at the disposal of third parties and may not be used for any purpose other than as packaging of the products purchased therein. The customer cannot return more empty packaging than that which he has received.
Payment
In Belgium, JAVA's prices (save as otherwise explicitly indicated) are exclusive of VAT and of shipment costs, excise and levies.
Save as otherwise provided, all invoices are payable in cash and without reduction at the time of delivery.
Advance invoices for goods ordered but not delivered are payable within eight days of the date of the invoice.
All invoices, even if not yet due, are exigible immediately in case of payment arrears.
If an application has been filed for a composition, suspension of payment - even if not officially established - , business transfer, business closure, liquidation of a customer's business or any other fact indicating a customer's insolvency, all invoices, even those not yet due, concerning goods delivered become immediately payable. In these cases, JAVA also reserves the right to cancel any orders placed by serving simple notice upon the buyer, or his legal successor, without having to pay any compensation.
JAVA reserves the right to invoice partial deliveries.
JAVA has the right to set off claims on the customer against any claims which the customer has on JAVA.
Processing online payments
JAVA makes use of the services of external professional and specialized partners who manage a payment platform to process online payments. JAVA makes every effort to organize online payment transactions in a user-friendly and secure manner while respecting privacy. The customer's financial data that are input as part of an online payment procedure are exchanged only between the external partner and the financial institutions involved. JAVA has no access to the customer's confidential financial data. The online payments are made on the basis of secured protocols. The general conditions of the external payment platform manager apply to all online payments and that manager is solely responsible for the correct execution of all online payments.
Failure to pay
The amount of any invoice that has become due is ipso jure and without prior notice of default increased by 1% interest per month from the date of the invoice, any partial month being considered a full month, with a flat-rate charge of 10% of the amount of any invoices still unpaid, with a minimum of € 100, and with collection costs and fees. The flat-rate compensation covers, inter alia, the time loss suffered by JAVA, the costs of correspondence, transport costs, disruption of JAVA's business operations and any fees paid for debt collection services.
Any costs incurred in connection with claims through legal proceedings will be charged to the customer.
If the customer fails to pay one or more outstanding claims to JAVA, JAVA may suspend all deliveries of its products until all invoices have been settled, including the flat-rate compensation and interest for late payment.
Goods for personal use
Goods invoiced, delivered and intended for "personal use" may not be sold on. JAVA cannot be held liable if the customer fails to comply with this provision.
Liability
JAVA's liability is confined to mandatory liability imposed by law. JAVA is not liable for indirect damage such as loss of turnover, loss of profit or increase in overheads.
Nor is JAVA liable for defects that are directly or indirectly caused by an act of the customer's or of a third party, regardless of whether these are caused by a fault or negligence. If JAVA's liability is established, JAVA is bound only to replace the product in question and, if this is not possible, to refund the price.
JAVA cannot be held liable for any damage due to delays or shortcomings in carrying out its obligations if such delays or shortcomings are the result of facts or circumstances beyond its control, that cannot be foreseen or avoided (e.g. complete or partial stagnation of the transport system, sickness among JAVA's staff, telecommunication problems, disruption of business operations or shortcomings on the part of JAVA'S suppliers). JAVA will make every effort to keep the duration thereof to the absolute minimum and will inform the customer when these facts or circumstances have ended.
Competent courts and legislation applicable
Any dispute arising in connection with JAVA's invoices or contracts concluded with JAVA come under the exclusive competence of and will be settled by the courts of the Leuven legal district. Save as otherwise agreed, all relations between JAVA and its customers, and also the application and interpretation of the present general conditions, are governed by Belgian law.
