General conditions of sale - English

Customer service: +32 56 257 665

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General conditions of sale

The webshop www.homebarista.be is an initiative of:

CDS AUTOMATEN BVBA
Rue du Mont Gallois 60
BE-7700 Mouscron
Business number (VAT): BE0477.261.576

If you have any questions or remarks, you can contact us via :

Email :info@homebarista.be
Phone: +32 (0)56 257 665

  • When communicating with CDS Automaten, please include your order number and any other relevant information you may have on hand so that we can provide you with a prompt and adequate response.

1. DEFINITIONS

In the present conditions of sale, the following terms shall be understood to mean

  • "Buyer": means any natural person (B2C) or legal entity (B2B) who is or will be in a contractual relationship with CDS Automaten, of any nature whatsoever. Any Buyer undertakes not to purchase the products of CDS Automaten for the sole and unique purpose of reselling them, unless expressly authorized by CDS Automaten. The Purchaser will thereafter also be referred to as "you" and "yours".
  • "Consumer": any natural person acting for purposes that do not fall within the scope of his or her business or professional activity.
  • "Products": all goods and services that are the subject of this contract of sale.
  • "Goods manufactured according to the Consumer's specifications": goods that are not prefabricated, but manufactured on the basis of an individual choice or decision of the Consumer.
  • "Contract of Sale": any contract by which the trader undertakes to transfer the ownership of goods and/or to offer a service to the Buyer, this Buyer in turn undertaking to pay the price thereof.

2. INTRODUCTION

The present conditions of sale apply to all sales of products, present and future, concluded between CDS Automaten and the Buyer via the site www.homebarista.be. By using the website, the Buyer accepts these Terms and Conditions, as well as all other rights and obligations as they appear on the website. The present Terms and Conditions of Sale are in principle always and exclusively applicable, but specific derogations are possible. Such deviations are only valid if they are the result of mutual agreement and if they are expressly provided for in writing. If this is the case, the deviation shall then only be valid as a replacement for or in addition to the clauses to which it relates. The other provisions of these General Terms and Conditions remain fully applicable in any event. CDS Automaten reserves the right to modify and/or supplement these General Conditions at any time for future orders. A possible change will have no impact on current orders and the contracts resulting therefrom.

3. OFFER AND ACCEPTANCE

3.1 OFFER

All products are put online with the greatest care. CDS Automaten undertakes to make available sufficient information on the characteristics of the products, including technical descriptions and photos intended to illustrate these products, all this insofar as the technical means allow it and according to the best standards on the market. For this purpose, CDS Automaten relies to a large extent on the data provided by its partners and suppliers. The images displayed on our website give a faithful representation of the main characteristics of our products. Each offer made by CDS Automaten constitutes a simple invitation to the Buyer to place an order and therefore cannot be considered as a firm offer to CDS Automaten. The offers made on the website are valid only within the limits of available stock. If a product that you have ordered is not in stock, CDS Automaten will clearly inform you by e-mail within seven (7) days following the placing of the order. CDS Automaten reserves the right to apply specific conditions to an offer, for example by giving it a limited validity period. These specific conditions will be explicitly communicated to you before the order is placed. If an offer is clearly subject to an error or mistake, CDS Automaten is not bound by it. Notorious or obvious errors in the indication of the price, such as obvious inaccuracies, can be corrected by CDS Automaten, even after the conclusion of the contract.

3.2. PRICES

All prices are quoted in euros and include VAT and all other taxes such as Reprobel, Auvibel and Recupel. If the Buyer is acting within the framework of his business or professional activity, the price may be displayed exclusive of VAT and other taxes. Delivery and installation costs are not included in the price of the product, but are always mentioned in the last step of the online ordering process. The use of particular payment methods may result in additional costs, which are the sole responsibility of the Buyer. WARNING: Although CDS Automaten does its utmost to indicate a complete price, it is possible that special circumstances may lead to additional costs, such as in case of international shipping (outside the EU) or additional insurance. These additional expenses, which include for example import duties, transport and delivery costs, postal charges or premiums, are borne by the Buyer and are only communicated after confirmation of the order. CDS Automaten has the right to modify the prices at any time, but commits to apply the rates indicated on the site at the time the order is placed. If the price change is due to changes in the VAT rate, this will be invoiced to the Purchaser.

3.3. ACCEPTANCE

If the Buyer wishes to purchase a product from CDS Automaten's range, he must make an offer to this effect using the online ordering method. This offer is binding for the Buyer. CDS Automaten will send a confirmation of the order, by e-mail, to the address indicated by the Buyer, at the latest within seven (7) days following the placing of the order. This order confirmation constitutes the moment of conclusion of the agreement. CDS Automaten can at any time decide not to send an order confirmation or to unilaterally refuse an order in an express statement. If an order cannot be carried out or can only be carried out in part, CDS Automaten will inform the Purchaser of this and possibly offer him an alternative product. If CDS Automaten refuses the order or if the Buyer does not agree with the proposed alternatives, there can be no contract and all payments already made are promptly refunded. The Buyer has no right to any form of compensation. In accordance with the Act of 11 March 2003 on certain legal aspects of information society services, the parties expressly agree that a contract is validly concluded by the use of electronic means of communication. In order to provide proof of the contract, CDS Automaten can make use of all electronic files at its disposal, within the limits permitted by law. In particular, the absence of a traditional signature of digital or electronic quality does not in any way prejudice the binding force of the offer and its acceptance.

The customer may file a complaint with HomeBarista via the email address: info@homebarista.be or with the ODR platform of the European Commission via the link: https://ec.europa.eu/odr/.

4. PAYMENT

The price as stated in the order confirmation is the final price to be paid. If this price does not correspond to the price as it appeared at the last moment of the purchase confirmation, the Purchaser must inform CDS Automaten within seven (7) calendar days following the confirmation of the order. Other claims must also be communicated clearly and in writing within seven (7) calendar days. Filing a complaint does not result in suspension of payment. If the sale is carried out in the course of a business or professional activity (B2B), the Buyer may request an invoice. In principle, each payment is processed immediately, i.e. at the time the order is placed by the Buyer. We accept all valid and internationally accepted credit cards and conventional electronic payment methods, as indicated on our website. CDS Automaten takes all possible and appropriate precautions to ensure the security of your online transactions. The main concerns concern the loss or theft of your identity or financial data. The use of payment partners and approved credit card issuers, mentioned above, offers all the necessary guarantees. The secure system offered by Ingenico takes care of further payment processing. This closed security system always processes your bank details in encrypted form. The necessary security measures are taken by the payment provider via SSL technology. Notwithstanding the principle below, the Buyer may exceptionally choose a payment method which, by its nature, does not allow immediate payment, such as a transfer via our Mollie payment system. In this case, the Buyer has seven (7) days to pay after this date the order will be cancelled. If in the meantime the item becomes unavailable, HomeBarista is not responsible for the additional delivery time within 30 days.

CDS Automaten will perform its delivery obligation as soon as full payment of the price has been made. CDS Automaten retains ownership of all products ordered until full payment of all amounts due under this agreement.

5. DELIVERY / PICK-UP

SEE PAGE "DELIVERY / PICK-UP".

5.1. DELIVERY

As only products in stock are available for order, we can process orders within 2 to 3 days, if this is not possible you will be informed. Every order is always treated with the utmost care. In exceptional cases and if the delivery time is longer than 30 days (unless the consumer has expressly agreed to a longer delivery time), the consumer has the right to cancel his order free of charge and obtain a refund. The delivery dates mentioned on our site are only indicative. The Buyer can only cancel the contract if CDS Automaten is unable to deliver within the agreed upon period of grace. In such a case of termination, CDS Automaten will promptly reimburse all sums paid, at the latest fourteen (14) days after the termination of the agreement. CDS Automaten uses external parties (in particular: GLS ) for the delivery, which may have an influence on the delivery. CDS Automaten does not assume any responsibility if the delivery is too late, or if the order is lost due to the fault of third parties, unforeseen circumstances or force majeure. If an order that has already been sent is not delivered within the indicated period, an investigation is opened at the carrier, which can take several days. During this period, it is not possible to make a refund or a replacement shipment.

  • For each order, a tracking link will be sent to your email address via the carrier (GLS).
    Attention: don't forget to check your SPAM mailbox.

There is delivery as soon as the ordered products are delivered once to the indicated address. It is the responsibility of the Buyer to allow the delivery at the agreed place, in his presence or in the presence of a third party designated by him. If the delivery fails due to a failure of the Buyer or the third party designated by him, the costs of this delivery attempt will be fully borne by the Buyer. If the Buyer is absent at the time of delivery, the Buyer must follow the procedure proposed by the external carrier. CDS Automaten assumes the risk of damage and/or loss of the goods until the moment of delivery. The risk is transferred to the Buyer as soon as the ordered products are received by the Buyer or a third party designated by him. In principle, each delivery requires the signature of a confirmation of delivery, but the absence of such a signature does not affect the transfer of risk. The Buyer is solely responsible for the installation of the purchased products. The Buyer confirms that he has taken note of all the requirements relating to the installation and safety of the products. At the express request of the Buyer, CDS Automaten can recommend specialized third parties for the installation of the products. CDS Automaten is in no way a party to the agreement between the specialized third party and the Buyer and therefore does not assume any responsibility for any damage that may be caused by these specialized third parties.

5.2. PICK-UP

The customer has the possibility to pick up his ordered products at our pick-up point during business hours in weeks within 7 days: A confirmation email will be sent to the customer, once his order is available.

CDS AUTOMATEN BVBA
Rue du Mont Gallois 60
BE-7700 Mouscron

Monday to Friday from 8:00 am - 1:00 pm

  • Attention: If the Pick-up option has been selected by mistake CDS Automaten reserves the right to send an additional payment link for shipping costs. Errors in the delivery method do not constitute a valid reason for order cancellation. In the case of an order cancellation, a € 25.00 handling fee will be subtracted from the refund.

6. DEFECTS AND COMPLAINTS

SEE PAGE RETURN & SERVICE

CDS Automaten always has the ambition to satisfy the customers of its products. Nevertheless, the existence of defects and the formulation of complaints cannot be completely excluded. Our approach to the guarantee allows us to regain your satisfaction. Please note that this guarantee only applies if the conditions laid down are met. Additional commercial guarantees are always possible and are expressly communicated. The legal guarantee as provided for in articles 1641 to 1649 of the Civil Code is fully applicable to this contract. Consequently, every Buyer has the right to compensation if he finds a lack of conformity of the goods sold, provided that the legal conditions are met. The individual Consumer also benefits from a legal guarantee of two (2) years. The Buyer cannot invoke his warranty right if he was aware of the defects at the time of the sale. Once the Buyer or a third party designated by him receives the products, the Buyer is obliged to examine them closely. If the product or the delivery is affected by a defect that is visible from the outside, the receiver may file a complaint. Complaints of the Buyer must be communicated to CDS Automaten in writing, explicitly and without any ambiguity, stating the reasons for the complaint. The Purchaser has a period of seven (7) days following delivery to the Purchaser or to a third party designated by him. It is the Buyer's duty to give sufficient reasons for its complaint. We advise to always do so by all reasonable technical means available, such as photos or videos.

Defective products must be returned to CDS Automaten in their original condition, including packaging, accessories and documentation, and always accompanied by the invoice and a valid proof of payment. Any violation of this obligation implies a proportional reduction of the reimbursement. The return shipment is always at the Buyer's risk. The costs of return shipment are always at the expense of the Buyer. CDS Automaten recommends to return the products by registered mail and with insurance, to avoid the risk of loss and theft. This return shipment must take place at the latest within seven (7) calendar days following the communication of the claim.

The guarantee does not apply to :

  • Damage caused by normal wear and tear of the product or by accidental or intentional modifications made by the Buyer, including improper and incorrect use and exposure to moisture, fire, earthquake or other external causes.
  • Damage caused by installation and use of the products not in accordance with the instructions and information provided. These instructions and information are also transmitted via electronic means of communication.
  • Damage caused after the removal of a seal between certain components and after the removal or degradation of the serial number and other product line coding. The Buyer or an unauthorized third party may not remove this seal without the express written permission of CDS Automaten or the manufacturer.
  • Consumable items such as batteries, etc. that are supplied with.

In the absence of a motivated complaint, the Buyer has no right to return the products. If the above conditions are met, the Buyer is first of all entitled to a repair or replacement free of charge, as far as the situation permits. CDS Automaten is only obliged to reimburse the Buyer if the repair or replacement no longer produces the same benefit for the Buyer. The Buyer shall communicate this in a clear and reasoned manner. The possible compensation resulting from this can never be greater than the amount invoiced to the Buyer.

If the conditions below are not respected and goods are therefore wrongly returned, CDS Automaten will return the products to the Buyer. The costs related to this return shipment are at the expense of the Buyer. In this case, CDS Automaten is free to store the products with third parties for the account and at the risk of the Buyer, as long as these return costs are not paid.

7. RIGHT OF WITHDRAWAL

Any Consumer has a right of withdrawal, provided that the following conditions are met. In accordance with this right of withdrawal, the Consumer has the right to decide to cancel the purchase within fourteen (14) days from the day following delivery of the product.

In accordance with article VI.53 of the Code of Economic Law, the Consumer does not have the right to renounce his/her purchase in the following cases:

  • Service contracts after the service has been fully performed if performance has begun with the Consumer's express prior consent, who has also acknowledged that he will lose his right of withdrawal once the contract has been fully performed by the company (Article VI.53.1° Code of Economic Law) ;
  • The supply of goods made to the consumer's specifications or clearly personalised (Article VI.53.3° Code of Economic Law);
  • The supply of goods likely to deteriorate or expire rapidly (Article VI.53.4° Code of Economic Law);
  • The supply of sealed goods that cannot be returned for reasons of health or hygiene protection and that have been unsealed by the consumer after delivery (Article VI.53.5° Code of Economic Law);
  • The supply of goods which, after having been delivered, and by their nature, are inseparably mixed with other articles (Article VI.53.6° Code of economic law);
  • Contracts in which the consumer has expressly asked the company to visit him in order to carry out urgent maintenance or repair work; if, on the occasion of this visit, CDS Automaten provides services in addition to those specifically requested by the consumer or goods other than spare parts essential to the maintenance or repair work, the right of withdrawal applies to these additional services or goods (Article VI.53.8° Economic Law Code);
  • The supply of sealed audio or video recordings or sealed computer software which have been unsealed after delivery (Article VI.53.9° Economic Law Code) ;
  • The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications (Article VI.53.10° Code of Economic Law);
  • The supply of digital content not supplied on a physical medium if performance has begun with the consumer's express prior consent, who has also acknowledged that he will thus lose his right of withdrawal (Article VI.53.13° Code of Economic Law);
  • You have the right to examine and try the goods received, in the same way as you would in a shop. (You can, for example, try on clothes, but you cannot test a kitchen appliance whose use would inevitably leave traces. You can be held responsible for any loss in value of the goods from €50 to €250 depending on the type of machine.

The Consumer who wishes to invoke his right of withdrawal must always do so quickly and unambiguously, and must do so in writing. It is up to the Consumer to prove that he can rely on his right of withdrawal. He will have to communicate to CDS Automaten, in a clear manner, the following information:

  • Mention of the three following dates: date of the order, date of receipt and date on which the right of withdrawal is invoked;
  • Name and address of the Consumer;
  • Signature of the Consumer.
  • Bank details.

After having informed CDS Automaten of his decision, the Consumer must promptly return the goods to CDS Automaten within fourteen (14) calendar days following the communication. This return shipment must be sent via a recognized carrier. The return of an order is in all cases at the expense and risk of the Consumer. If the Consumer makes valid use of his right of retraction, i.e. in accordance with the conditions mentioned above, CDS Automaten will reimburse all amounts already paid for the product concerned. Installation costs and related delivery costs are not reimbursed. The reimbursement will take place promptly, and certainly within fourteen (14) calendar days. As long as no proof of the return is provided by the Consumer, CDS Automaten is entitled to defer the refund. CDS Automaten will make the refund on the same bank account from which it received the initial payment, unless the Consumer has expressly decided otherwise. In all cases, no fee will be charged for the refund. The Buyer shall be liable for the decrease in value of the goods resulting from their handling if this goes beyond what is necessary to determine their nature, characteristics and functioning. CDS Automaten is entitled to proportionally take this decrease in value into account when refunding. If the Consumer does not meet the above mentioned conditions, he makes an illicit use of the right of withdrawal. In this case, the goods are returned to the Consumer, for the account and at the risk of the Consumer. CDS Automaten commits itself to clearly communicate to the Consumer the reasons for this return.

8. MAJOR STRENGTH

If CDS Automaten is prevented in whole or in part from fulfilling its obligations to the other Party due to circumstances beyond its control, then it is a case of force majeure. In such a case, CDS Automaten shall not be required to meet its obligations to the other Party. CDS Automaten is entitled to suspend its obligations for the duration of the force majeure.

9. INTELLECTUAL PROPERTY & COUNTERFEIT PREVENTION

9.1 INTELLECTUAL PROPERTY

All intellectual property rights and all derivative rights remain the property of CDS Automaten and/or the right holder. Intellectual property rights include copyright, trademark law, design law and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, which may or may not be patentable. CDS Automaten attaches great importance to its intellectual property rights and has taken all possible measures to ensure their protection. The commercial signs that we use on our website are protected as (registered) trade names. The Buyer has no right to use and/or make changes to the intellectual property rights described in this article, except for a simple private use of the product itself. Any violation of existing intellectual property rights will be prosecuted.

9.2. COUNTERFEIT PREVENTION

At all times, the Contractor only offers products purchased from original manufacturers and their wholesalers. In case of doubt about the authenticity of the products, consumers can find more information and advice at https://www.eccbelgie.be . In case of suspicion of counterfeiting, the consumer can always file a complaint via the hotline https://meldpunt.belgie.be/mel . .".

10. PROCESSING OF PERSONAL DATA

The information you have given is required for processing and completing orders, and for drawing up accounts and warranty agreements. If this information is missing, the order will be cancelled immediately. The transmission of incorrect or falsified personal data is considered a breach of these Terms and Conditions of Sale. The personal data of the Buyer will exclusively be treated in accordance with the current Privacy Policy available on the website of CDS Automaten.

11. APPLICABLE LAW AND COMPETENT JUDGE

All offers and agreements are subject to Belgian law to the exclusion of all others. The applicability of the Vienna Sales Convention is expressly excluded. All disputes related to or arising from the offers of CDS Automaten, or agreements concluded with CDS Automaten, shall be subject to the jurisdiction of the courts of the judicial district of the place where CDS Automaten has its registered office.

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