MINIBREW GENERAL TERMS AND CONDITIONS OF ONLINE SALE
In these General Terms and Conditions of Online Sale (“Terms”) the following words shall have the following meaning unless the context requires otherwise:
1. Cooling-off Period: the period during which the Consumer-Buyer is entitled to exercise the right to withdraw from the contract for no reason within 14 Days from Contract formation as per these Terms;
2. Consumer-Buyer: a natural person, who is acting for personal purposes not related to his/her business or professional activities ;
3. Day: calendar day;
4. Digital contents: data produced and supplied in a digital form;
5. Withdrawal Right: the option for the Consumer-Buyer to cancel the Contract within the Cooling-off Period;
6. Buyer: the party with whom MiniBrew enters into a Contract for the sale of a Product. This party may be either a Consumer-Buyer or a Commercial Buyer;
7. Contract: the sales contract between MiniBrew and the Buyer for the Products;
8. Commercial Buyer: a buyer, either natural person or legal entity acting within the scope of his commercial, business, trade or professional activities.
9. Website: www.minibrew.io
Name: MiniBrew B.V. (referred to as “MiniBrew” herein)
Registered office: Amsterdam
Office address: Kromme Nieuwegracht 3-5
3512 HC Utrecht
Telephone number: +31 6-41636916
Email address: email@example.com
Chamber of Commerce registration number: 63971569
1. These Terms apply to all quotations from MiniBrew and to all Contracts concluded between MiniBrew and Buyer for purchase of products on the Website (“Products”) and delivery of such Products in the following countries: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the UK
2. The Contract shall be formed as soon as Minibrew has sent an email confirmation to the Buyer confirming receipt of the order submitted by Buyer. Orders submitted by Buyer are binding and cannot be cancelled after order submission, which includes explicit acceptance of the payment obligation. No orders submitted through the Website are binding on MiniBrew unless explicitly accepted by MiniBrew. Acceptance will be effective upon transmission of MiniBrew’s e-mail confirmation of acceptance of your order. MiniBrew has no obligation to accept orders placed through this Website. MiniBrew reserves the right to restrict ordered quantities as a condition to order acceptance.
3. MiniBrew will provide the Buyer with a confirmation of the Contract on a Durable Data Carrier within a reasonable period of time after entry into the Contract and in any event before the order is delivered.
MiniBrew warrants the Products supplied hereunder will conform to the Specification and the Contract for a period of 24 months from the date of delivery to Consumer-Buyer[LH2] , or for 120 brew sessions for a Commercial Buyer. Specific warranties may apply to certain products as specified on the Website. With respect to software or the app, no warranty shall apply other than as expressly set forth in the applicable license agreement.
Should the Products not comply with the applicable warranty MiniBrew shall, at its option and expense and unless provided otherwise in the applicable warranty, repair or replace the Product or refund the (partial) purchase price upon return of the Product.
Please be ready to provide the order number set out on the email order confirmation MiniBrew sent. The Product must be returned to the address as specified by MiniBrew at Buyers’ cost unless otherwise agreed.
Except as expressly set out in these Terms, to the fullest extent permitted by law MiniBrew hereby disclaims any and all further warranties, whether express or implied. The limited warranty set out above will not affect or prejudice your statutory rights
1. The Consumer-Buyer is entitled to withdraw from a Contract during the Cooling-off Period of 14 Days without stating any reasons. MiniBrew may ask the Consumer-Buyer the reason for his withdrawal, but the Buyer is not obligated to provide an answer,
2. The Cooling-off Period commences on the Day after the date the Product is delivered.
3. The Commercial Buyer shall not have the right to return Products without cause under this withdrawal right.
4. The Consumer-Buyer will be obliged to handle the Product and its packaging with due care. The Product may be returned only in its original packaging, undamaged and only used to the extent necessary to determine the nature, characteristics and operation of the Product, and conform any instructions MiniBrew may give. The Consumer-Buyer will make the decision to withdraw from the Contract known by use of the Sample Form (link) during the Cooling-Off Period and will return the Product forthwith, but at least within 14 Days from the date of submission of the filled-in Sample Form. MiniBrew will refund Buyer the purchase price for the Product(s) within thirty (30) Days of receipt of the Product at the address on the Sample Form. Consumer-Buyer will bear the costs of the return.
1. If Consumer-Buyer withdraws from the Contract by submitting the form through electronic means[LH5] , Minibrew will immediately issue a confirmation of receipt of the filled in Sample Form for withdrawal.
2. MiniBrew will pay the refund into the bank account Consumer-Buyer has given in the withdrawal notification form.
3. Products which are sealed or which are not suitable to be returned for reasons of health protection or hygiene and the seal of which was broken after delivery are excluded from the withdrawal right. Such Products include opened cleaner bottles, beer brewing ingredient packages which have been opened, capsule boxes that have been opened and any other product MiniBrew may specifiy.
MiniBrew warrants that the Product complies with the Contract, the Specifications as set forth on the Website and any applicable mandatory provisions and/or regulations prevailing at the time at which the Contract was formed.
Please note that the on-screen display of the Products may differ from the actual appearance or size of Products offered on the Website.
1. In principle, MiniBrew will deliver the Product not later than thirty (30) days from entering into the Contract, unless another period of delivery has been agreed. MiniBrew will use reasonable endeavours to manufacture and deliver your Products within the stated delivery period. However, actual Product delivery times may be longer, and if you order the Product knowing the delivery moment will be more than thirty (30) days after order confirmation, you hereby explicitly agree to such later delivery date as will be specified by MiniBrew in her sole discretion.
2. Any delivery or shipment dates given by MiniBrew are best estimates only and MiniBrew shall not be liable for any loss, damage, costs or expenses for failure to deliver in accordance with the delivery or shipment dates given. Delivery of all Products ordered in one order submission will take place in one delivery. In the event any of the Products ordered is out of stock, this may mean the whole order is delayed.
3. The risk of loss and/or damage of products shall rest with MiniBrew until the moment of delivery to the Buyer.
1. The prices on the website are inclusive of VAT. Prices shall be those prices published on this Website at the time you submit your order. The prices published on the Website are exclusive of recycling levies and handling costs and duties, which are for your account. These costs will be calculated separately as applicable and specified in your shopping basket and added to the total price of the order. The total price stated on the order form you submit shall be the total amount payable by you for the Products including all taxes, recycling levies, duties, handling and shipping charges.
2. Prices are in euros.
3. Delivery costs are not included in the Product price advertised on the Website but will be added onto the price in the shopping basket depending on Buyers’ choice of delivery method and time[LH6] .
1. Buyer must pay the purchase price and delivery costs in the order process by means of a credit card, PayPal, or IDEAL. Your account will be debited at the time of MiniBrew’s email confirmation of acceptance of your order. MiniBrew will ship the Products after receipt of the payment; without payment the order cannot be processed.
1. To the fullest extent permitted by law MiniBrew hereby disclaims any and all liability for any consequential, special or indirect damage, loss of profits, business opportunity or goodwill or a claim of a third party even if MiniBrew has been advised of the possibility of such damage, loss or claim. Nothing in these Terms & Conditions and in particular within this ‘Limitation of Liability’ clause shall attempt to exclude liability that cannot be excluded under applicable law.
2. Any liability on the part of MiniBrew, on any account whatsoever, whether contractual or non-contractual, shall be limited for each event or series of related events to a maximum of 25% of the amount (exclusive of VAT) which has been paid for the Product by the Buyer except where such limitation is not permissible under applicable law.
3. Not excluded or restricted is MiniBrew's liability for damage resulting from intent or wilful recklessness on the part of MiniBrew or damage to person or property resulting directly from use of the Product.
4. These terms and conditions set out the full extent of MiniBrew’s obligations and liabilities in respect of the supply of Products hereunder. Save as set forth herein, there are no other warranties, conditions or other terms that are binding on MiniBrew regarding the supply of Products hereunder.
3. MiniBrew’s records relating to your transaction shall be deemed correct and conclusive unless proven otherwise.
4. By placing your order, you agree and understand that MiniBrew may store, process and use the data collected from your order form for processing the order. MiniBrew works with other companies that help her provide the Products to you, such as freight carriers and credit card processing companies, and MiniBrew may have to share certain information with these companies for the purposes of fulfilling its obligations to you.
1. Any and all Contracts between MiniBrew and the Buyer shall be exclusively subject to Dutch law. The Parties explicitly exclude the applicability of the Vienna Convention on the International Sale of Goods.
2. MiniBrew will try to resolve any disagreement you may have as quickly and efficiently as possible if you contact us by email at firstname.lastname@example.org.
3. Your purchase of the Products and these Terms shall be governed by the laws of The Netherlands. The applicability of the United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded.
4. Failure to enforce any of the terms of this Contract shall not constitute a waiver of such term(s). The invalidity or the unenforceability of any provision of this Contract shall not adversely affect the enforceability or validity of the remaining provisions.
5. YOU MUST CONTACT MINIBREW WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE. Notwithstanding the foregoing, MiniBrew may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
6. Any dispute related to or arising out of a Contract between MiniBrew and the Buyer shall be exclusively brought before the competent court in Utrecht, the Netherlands.
April 19th, 2019
Sample Form for Withdrawal
(complete and return this form only if you wish to cancel the contract)
To: MiniBrew B.V.
I/We* herewith inform you that I/we* wish to cancel our contract for
the sale of the following products: [description of product]*
Ordered on* [date on which order was placed]
Received on* [date on which products were received]
Order number [order# as stated in order confirmation]
[Name of Consumer-Buyer]
[Bank account number]
* Delete where not applicable or fill in where appropriate.