Terms and Conditions
Terms & Conditions of L61 ROASTERY B.V.
Article 1: Definitions
1. L61 Roastery BV: L61 Roastery BV, Located at the Kinkerstraat 112 in (1053 ED) Amsterdam, Chamber of Commerce no. 858912703.
2. Customer: the person with whom L61 Roastery BV has entered into an agreement.
3. Parties: L61 Roastery BV and customer together.
Article 2: Applicability
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of L61 Roastery BV.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Article 3: Prices
1. The prices used by L61 Roastery BV are in euros are inclusive VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. L61 Roastery BV is entitled to adjust all prices at any time. Increases in the cost prices of products or parts thereof, which L61 Roastery BV could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
Article 4: Consequences of late payment
1. Unless explicitly agreed otherwise, the invoice will be paid within 14 days after the invoice date.
2. If the customer does not pay within the agreed term, L61 Roastery BV is entitled to charge the statutory commercial interest (with part of the month being designated as a whole month) as well as the extrajudicial collection costs calculated in conformity with the BIK (‘Besluit Buitengerechtelijke incassokosten).
3. If the customer does not pay on time, L61 Roastery BV may suspend its obligations until the customer has met his payment obligation.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of L61 Roastery BV on the customer are immediately due and payable.
5. If the customer refuses to cooperate with the performance of the agreement by L61 Roastery BV, he is still obliged to pay the agreed price to L61 Roastery BV.
Article 5: Right of recovery of goods and equipment
1. As soon as the customer is in default, L61 Roastery BV is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
2. L61 Roastery BV invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to L61 Roastery BV, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Article 6: Right of retention
1. L61 Roastery BV can appeal to his right of retention of title and in that case retain the products sold or loaned by L61 Roastery BV to the customer until the customer has paid all outstanding invoices with regard to L61 Roastery BV, unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to L61 Roastery BV and L61 Roastery BV is never liable for any damage that the customer may suffer as a result of using her right of retention of title.
Article 7: Settlement
1.The customer waives his right to settle any debt to L61 Roastery BV with any claim on L61 Roastery BV.
Article 8: Retention of title
1. L61 Roastery BV remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to L61 Roastery BV under whatever agreement with L61 Roastery BV including of claims regarding the shortcomings in the performance. Until then, L61 Roastery BV can invoke its retention of title and take back the goods.
2. If L61 Roastery BV invokes its retention of title, the agreement will be dissolved and L61 Roastery BV has the right to claim compensation, lost profits and interest.
Article 9: Delivery
1. Delivery takes place while stocks last and takes place at L61 Roastery BV unless the parties have agreed upon otherwise.
2. If the agreed price is not paid on time, L61 Roastery BV has the right to suspend its obligations until the agreed price is fully paid. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by L61 Roastery BV.
Article 10: Insurance
1. In case the customer uses equipment of L61 Roastery BV the customer is obliged to get an insurance for fire, steal, burglar and vandalism for the equipment for the amount of the catalog value. Next to that the customer is obliged to get an insurance for the liability of damage by third parties. The Insurance premium will be paid by the customer. In case of insured damage of the equipment, the entire payment will directly be entitled to L61 Roastery BV.
Article 11: Guarantee
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the L61 ROASTERY BV, Kinkerstraat 112 in (1053 ED) Amsterdam, T&C drawn up at 13 April 2022 product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Article 12: Indemnity
1. The customer indemnifies L61 Roastery BV against all third- party claims that are related to the products supplied by L61 Roastery BV.
Article 13: Complaints
1. The customer must examine an equipment or product provided by L61 Roastery BV as soon as possible for possible shortcomings and if a delivered equipment or product does not comply with what the customer could reasonably expect from the agreement, the customer must inform L61 Roastery BV of this as soon as possible, but in any case within 14 days after the discovery of the shortcomings.
2. The customer gives a detailed description as possible of the shortcomings, so that L61 Roastery BV is able to respond adequately.
Article 14: Giving notice
1. The customer must provide any notice of default to L61 Roastery BV in writing. 2. It is the responsibility of the customer that a notice of default actually reaches L61 Roastery BV (in time).
Article 15: Liability of L61 Roastery BV
1. L61 Roastery BV is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence. If L61 Roastery BV is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
2. L61 Roastery BV is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties. If L61 Roastery BV is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
Article 16: Force majeure
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of L61 Roastery BV in the fulfillment of any obligation to the customer cannot be attributed to L61 Roastery BV in any situation independent of the will of L61 Roastery BV, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from L61 Roastery BV.
2. The force majeure situation referred to in paragraph 1 is also applicable - but not limited to: state of emergency (such as civil war, insurrection, riots, epidemics, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which L61 Roastery BV cannot fulfill one or more obligations towards the customer, these obligations will be suspended until L61 Roastery BV can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. L61 Roastery BV does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Article 17: Changes in the general terms and conditions
1. L61 Roastery BV is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
Major changes in content will be discussed by L61 Roastery BV with the customer in advance as much as possible. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Article 18: Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with L61 Roastery BV to third parties without the prior written consent of L61 Roastery BV. This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Article 19: Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what L61 Roastery BV had in mind when drafting the conditions on that issue.
Article 20: Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where L61 Roastery BV is established, being Amsterdam, is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
L61 ROASTERY BV, Kinkerstraat 112 in (1053 ED) Amsterdam, T&C drawn up at 13 April 2022