GENERAL

This website is operated by Kolibri Coffee V.O.F. Throughout the site, the terms “we”, “us” and “our” refer to Kolibri Coffee. Kolibri offers this website, including all the information, tools and services available on this site for you, the user, subject to the acceptance of all the terms, conditions, policies and notices established herein.

By visiting our site and / or purchasing any of our offered products, you participate in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and Policies referenced here and / or made available via links. These Terms of Service apply to all users, offers, orders, agreements and deliveries of services or products without limitation.

Any new feature or tool added to our e-commerce will also be subject to the Terms of Service. You may always review the most current version of the Terms of Service on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and / or changes to our website.

Our website is hosted on Hetzner GmbH and uses Woocommerce to manage our store.

Order

At Kolibri Coffee, you order products easily and conveniently. We offer different secure payment options and timely deliveries. Kolibri Coffee receives your order when you click the “Place Order” button at checkout. By clicking the “Place Order” button, you as a customer also accept responsibility for the payment of your order. When we have received your order, you will receive an order confirmation at the email address you provided when placing the order. When there is any problem with the delivery of your order, we will contact you immediately. Buy safely with the right to change or cancel your order, but please note the following statements;

• Change of order must be notified before order is packed.
• Cancellation must be notified before order is shipped or after 14 days of delivery for goods except for coffee. (See “Withdrawal”)

To make a change or cancellation you must contact us by e-mail: [email protected] or fill out our contact form.

Prices & Fees

Prices are expressed in Euros (EUR) and are reported including VAT (BTW). VAT for products subject to VAT is charged at 21% (equipment / Merch) or 9% (food / coffee). Shipping and payment fees may be added to each order; See ” Payment and Delivery” in the Agreement for more information. Special offers and promotions marketed on the website apply while the stock lasts unless other conditions are informed in relation to the offer.

• The prices of our products are subject to change without prior notice.
• We reserve the right to modify or discontinue the service (or content thereof) at any time and without prior notice.
• We will not be liable to you or to any third party for any modification, price change, suspension or interruption of our service.

Payment

Kolibri Coffee uses WooCoomerce, PayPal and Mollie B.V.  as intermediaries for handling payments.

You can pay with Mastercard, VISA, Paypal, Ideal (available for maestro customers) and SOFORT – Europe (Duitsland, Oostenrijk, Nederland, Zwitserland, Italië, Spanje, België en Polen). The card is charged in connection with orders. Mollie handles the card information and is authorized with PCI DSS certification to ensure that the customer’s card information is transferred and stored securely in encrypted form.

Fulfillment

Kolibri Coffee initiates the fulfillment of this agreement when you, as a customer, receive the order confirmation message by email. Kolibri Coffee completes its part of this agreement when it has made the complete delivery of the ordered products and the customer has them in his possession. You, as a customer, have completed your part of this agreement when you have made full payment and have received delivery of the ordered products as agreed.

Delivery

All products are delivered to the address indicated by the customer, or alternatively via agents in collaboration with our logistics partners DHL, Post NL and UPS. Kolibri Coffee ship orders exclusively on business days which are from Monday to Friday (excluding holidays).

The shipping cost for an order is shown in the checkout and it is the customer’s responsability, unless the parties have agreed upon otherwise.

Delivery period:

• Kolibri Coffee reserves the right to wait for payment before delivery begins, in the event that the customer/client/buyer pays in advance.
• The transit time specified by Kolibri Coffee is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
• If delivery times are not applicable to a purchase and if a delivery time is not specifically agreed outside of this agreement, Kolibri Coffee undertakes to complete the delivery without undue delay, no later than 30 days after the conclusion of the agreement.

Withdrawal

Under the EU Directive 2011/83/EU on consumer rights (the “Consumer Rights Directive” – CRD), consumers have a right of withdrawal from consumer contracts concluded at a distance and consumer contracts concluded outside your business premises.

It allows the consumer to cancel or return, without justification, the consumer contract within 14 days after he received the good, or after he concluded the contract for services or digital content. A consumer contract is any contract that the trader concludes with a consumer, irrespectively of whether it has for its object the supply of goods, services and / or digital content.

When using the right of withdrawal, the customer must notify Kolibri Coffee and then return all products covered by the order to Kolibri Coffee no later than 14 days after delivery. Upon return, the customer will pay for the return shipping.

When the customer has notified that he uses his right of withdrawal, Kolibri Coffee will make the refund no later than 30 days, provided that Kolibri Coffee has received the products that the customer has returned in the same conditions as they were delivered. The refund is made with the same means of payment used by the customer.

Any depreciation deduction and freight deduction, if the customer chooses an alternative other than standard freight, can be applied to the refund. If you, as a customer, return fewer products than the order covers, only the value of the merchandise will be refunded for the products you return.

In certain cases, the consumer will not have the right to withdraw from the contract. The right of withdrawal does not apply in case of goods which are liable to deteriorate or expire rapidly as is the case with coffee.

The legal withdrawal period does not apply between B2B. For business-to-business sales of goods or services, the general sales rules apply unless otherwise agreed between the parties in writing.

Use the contact form or send an email to [email protected] to inform that you wish to cancel the purchase.

Returns

When returning products or materials to Kolibri Coffee, All products must be packed in the original packaging with all labels / tags and in unused condition and cannot exceed 14 days after delivery. In case you packaged or packaged products in a bad way and the product is damaged during transport to Kolibri Coffee , you as customer also bear the responsibility for the damage.

Coffee items are non-refundable due to the nature of the product. If you are not satisfied with the quality of the product, please contact us directly.

Return Address:

Warranty

A customer who bought a product as a private person has the right to complain about the product if it is incorrect in accordance with the Law. Kolibri Coffee recommends always examining the products when they are delivered and reporting any errors as soon as they are discovered. The warranty applies to coffee equipment and merchandise products and covers;

• Failures occurred during the transport of the product to the customer.
• A wrong product in what was agreed between the client and Kolibri Coffee
• A product that shows errors or defects can also be considered incorrect.

Coffee items are non-refundable due to the nature of the product.

By making a complaint about the wrong product, you, as a customer, have the primary right to have the error fixed or to be provided with a new product in optimal condition. In some cases, you also have the right to cancel the contract and get back what you paid for.
The costs of returning a warranty product will be borne by Kolibri Coffee.

To return incorrect products or materials, see “Returns”.

Personal Data & Privacy

Information such as personal data or other information the customer submits to Kolibri Coffee is governed by our Privacy Policy. See our Privacy Policy.

Kolibri Coffee is responsible for the data being stored and processed in accordance with the European General Data Protection Regulation (GDPR). Customer information will be used by Kolibri Coffee to enable and ensure compliance with the Agreement and for marketing purposes by the company.

If you want to; access, correct, modify or delete any personal information we have about you, file a complaint, or just want more information, please contact our Privacy Compliance Officer at [email protected].

Reservation

• Kolibri Coffee reserves the right to cancel the agreement in the event that the customer has acted in bad faith due to inaccuracies that he should have noticed, such as incorrect information on the website. In the event that the cancellation reservation is made valid, the customer is not entitled to damages or other compensation from Kolibri Coffee.
• Kolibri Coffee reserves the right to change the content of the website without prior notice, which includes new products, prices, blog post, promotions, among others.
• Kolibri Coffee shall be deemed to be exempt from all obligations under this agreement if liability would otherwise have arisen due to an event that is outside this agreement, Kolibri Coffee’s activities or what otherwise follows from mandatory law.

Disclaimer

Based on the provisions of article 6:75 of the Dutch Civil Code. Force majeure in the event of a state of emergency; government action or failure, new legislation, war, insurrection, riots, sabotage, natural disasters, extreme weather conditions, labor disputes or other circumstances beyond Kolibri Coffee’s control, in which Kolibri Coffee cannot reasonably overcome or anticipate, Kolibri Coffee You will have the right to withdraw from your obligations in this Agreement. In such case, Kolibri Coffee will not be liable for damages in the event of damage suffered by the customer, even if he has obtained some advantage as a result of the situation.

In addition to the previous paragraph, reservation for late delivery beyond the control of Kolibri Coffee. If any delay in delivery arises due to an event, Kolibri Coffee will not be liable for damages caused by such delays in delivery. In such case, the customer is not entitled to damages or other compensation from Kolibri Coffee unless specifically agreed otherwise between Kolibri Coffee and the customer in writing or a provision resulting from mandatory law.

Other

If there are differences between the information on the website and other publications, the information provided on the website shall prevail. However, this does not apply to information that is obviously incorrect or misleading when comparing the various publications.

All material published on the website, including software, logos, videos, audio files, trademarks, images and text is protected by intellectual property. The protection means that the material may not be used without the rights holder’s permission, nor may the material be copied or otherwise transferred to third parties without the express permission of Kolibri Coffee Any violations are violated.

We are not responsible if the information available on this site is not accurate, complete or current since is published solely for informational purposes in order for visitors to use the website. The material on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

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