Terms of service


Article 1 – Definitions

In these terms and conditions the following definitions apply:

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the trader or by a third party on the basis of an arrangement between that third party and the trader;
  2. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  3. Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data which are produced and supplied in digital form;
  6. Continuing performance contract: a contract serving to provide for the regular delivery of goods, services and/or digital content during a certain period;
  7. Durable medium: any means – including also e-mail – that enables the consumer or trader to store information addressed to him personally in a way that makes future consultation or use during a period that is geared to the purpose for which the information is intended, and which makes possible the unaltered reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
  9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the trader and the consumer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or additional use is made of one or more techniques for distance communication;
  11. Technique for distance communication: a means that can be used for concluding a contract, without the consumer and trader having to be in the same place at the same time.

Article 2 – Identity of the trader

Moto Coffee B.V.

Nijverheidsweg-Noord 68-H
3812 PM Amersfoort

E-mail address: hello@motocoffee.nl

Chamber of Commerce (KvK) number: 72696141

VAT identification number: NL859201752B01

Skal Bio certification: 108591

Article 3 – Applicability

  1. These general terms and conditions apply to every offer of the trader and to every distance contract concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate in what manner the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a durable medium. If this is not reasonably possible, then, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted by electronic means and that they will be sent free of charge at the consumer's request by electronic means or otherwise.
  4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the case of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.

Article 4 – The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the trader uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the trader.
  3. Every offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfilment of the conditions set thereby.
  2. If the consumer has accepted the offer by electronic means, the trader will without delay confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the contract.
  3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures to that end.
  4. The trader can, within statutory frameworks, inform himself as to whether the consumer can fulfil his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good grounds for not entering into the contract, he is entitled, giving reasons, to refuse an order or application or to attach special conditions to its execution.
  5. The trader will, at the latest upon delivery of the product, the service or the digital content to the consumer, send along the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. The visiting address of the trader's establishment where the consumer can go with complaints;
  7. The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
  8. The information about guarantees and existing after-sales service;
  9. The price including all taxes of the product, service or digital content; insofar as applicable the costs of delivery; and the method of payment, delivery or execution of the distance contract;
  10. The requirements for cancellation of the contract if the contract has a duration of more than one year or is of indefinite duration;
  11. If the consumer has a right of withdrawal, the model withdrawal form.
  12. In the case of a continuing performance transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

  1. The consumer may rescind a contract relating to the purchase of a product during a cooling-off period of at least 14 days without giving any reason. The trader may ask the consumer for the reason for the withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
  3. If the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The trader may, provided that he has clearly informed the consumer thereof prior to the ordering process, refuse an order of several products with a different delivery time.
  4. If the delivery of a product consists of various shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
  1. For contracts for the regular delivery of products during a specified period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not delivered on a tangible medium:

  1. The consumer may rescind a services contract and a contract for the delivery of digital content not delivered on a tangible medium during at least 14 days without giving any reason. The trader may ask the consumer for the reason for the withdrawal, but may not oblige him to state his reason(s).
  2. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the contract.

Extended cooling-off period for products, services and digital content not delivered on a tangible medium in the event of failure to inform about the right of withdrawal:

  1. If the trader has not provided the consumer with the legally required information about the right of withdrawal, the cooling-off period ends twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
  2. If the trader has provided the consumer with the information referred to in the preceding paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received that information.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period the consumer shall handle the product and the packaging with care. He shall only unpack or use the product to the extent necessary to establish the nature, the characteristics and the functioning of the product. The guiding principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for any diminished value of the product resulting from handling of the product that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for any diminished value of the product if the trader has not provided him, before or at the conclusion of the contract, with all the legally required information about the right of withdrawal.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer makes use of his right of withdrawal, he shall notify the trader thereof within the cooling-off period.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product, or hand it over to (an authorised representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer has in any event observed the return period if he returns the product before the cooling-off period has expired.
  3. The consumer shall return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
  4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
  5. The consumer shall bear the direct costs of returning the product. If the trader has not stated that the consumer must bear these costs or if the trader indicates that he will bear the costs himself, the consumer does not have to bear the costs of return.
  6. The consumer shall not bear any costs for the full or partial delivery of digital content not delivered on a tangible medium, if:
  7. He has not, prior to its delivery, expressly consented to the commencement of performance of the contract before the end of the cooling-off period;
  8. He has not acknowledged losing his right of withdrawal when giving his consent; or
  9. The trader has failed to confirm this statement of the consumer.
  10. If the consumer makes use of his right of withdrawal, all supplementary contracts are dissolved by operation of law.

Article 9 – Obligations of the trader in the event of withdrawal

  1. If the trader makes it possible for the consumer to give notice of withdrawal by electronic means, he shall send an acknowledgement of receipt without delay after receiving such notice.
  2. The trader shall reimburse all payments made by the consumer, including any delivery costs charged by the trader for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product himself, he may wait with the reimbursement until he has received the product or until the consumer demonstrates that he has returned the product, whichever comes first.
  3. The trader shall use for the reimbursement the same means of payment that the consumer has used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs for the more expensive method.

Article 10 – Exclusion of the right of withdrawal

The trader can exclude the following products and services from the right of withdrawal, but only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract:

  1. Products or services whose price is subject to fluctuations in the financial market over which the trader has no influence and which may occur within the withdrawal period;
  2. Service contracts, after full performance of the service, but only if:
  3. Performance has begun with the consumer's express prior consent; and
  4. The consumer has declared that he loses his right of withdrawal as soon as the trader has fully performed the contract;
  5. Products manufactured according to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  6. Products that perish quickly or have a limited shelf life;

Article 11 – The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
  2. By way of derogation from the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence at variable prices. This dependence on fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases as from 3 months after the conclusion of the contract are only permitted if the trader has stipulated this and:
  5. they are the result of statutory regulations or provisions; or
  6. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
  7. The prices stated in the offer of products or services are inclusive of VAT.

Article 12 – Performance of the contract and additional guarantee

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
  2. An additional guarantee provided by the trader, his supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the trader under the contract if the trader has failed to perform his part of the contract.
  3. Additional guarantee is understood to mean any commitment by the trader, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to in the event that he has failed to perform his part of the contract.

Article 13 – Delivery and execution

  1. The trader will observe the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the trader.
  3. With due observance of what is stated about this in Article 4 of these general terms and conditions, the trader will execute accepted orders with due speed but no later than within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be informed of this no later than 30 days after he placed the order. In that case the consumer has the right to dissolve the contract without costs and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the trader will refund the amount that the consumer has paid without delay.
  5. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 14 – Continuing performance transactions: duration, termination and renewal

Termination:

  1. The consumer can terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products or services at any time, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
  2. The consumer can terminate a contract that has been concluded for a fixed period and that extends to the regular delivery of products or services at any time towards the end of the fixed term, with due observance of the termination rules agreed for this purpose and a notice period of no more than one month.
  3. The consumer can terminate the contracts referred to in the previous paragraphs:
    • At any time and not be limited to termination at a specific time or in a specific period;
    • At least in the same way as they were concluded by him;
    • Always with the same notice period as the trader has stipulated for himself.

Renewal:

  1. A contract that has been concluded for a fixed period and that extends to the regular delivery of products or services may not be tacitly renewed or extended for a fixed term.
  2. A contract that has been concluded for a fixed period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite term if the consumer may terminate at any time with a notice period of no more than one month.

Duration:

  1. If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

  1. Insofar as not otherwise stipulated in the contract or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer has received the confirmation of the contract.
  2. When selling products to consumers, the consumer may never, in general terms and conditions, be obliged to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right whatsoever regarding the execution of the relevant order or service(s) before the stipulated advance payment has taken place.
  3. The consumer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
  4. If the consumer does not fulfil his payment obligation(s) on time, then, after he has been notified by the trader of the late payment and the trader has granted the consumer a period of 14 days to still fulfil his payment obligations, upon the failure of payment within this 14-day period, he owes the statutory interest on the amount still due and the trader is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the subsequent € 2,500 and 5% on the next € 5,000, with a minimum of € 40. The trader may deviate from the stated amounts and percentages to the benefit of the consumer.

Article 16 – Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the contract must be submitted to the trader, fully and clearly described, within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the trader are answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader responds within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is subject to the dispute settlement scheme.

Article 17 – Disputes

  1. Contracts between the trader and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law.

Article 18 – Supplementary or deviating provisions

  1. Supplementary provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.