General Conditions of Sale - English

General Conditions of Sale

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

CDS AUTOMATEN bv
Rue du Mont Gallois 60
BE-7700 MOUSCRON
BE0477.261.576

In case of questions or comments, you can always contact us at:

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

  • When communicating with CDS AUTOMATES, please include your order number and any other relevant information you may have on hand so that we can respond to you quickly and appropriately.

1. Definitions

In these Terms of Sale, the following definitions shall apply:

  • "Buyer" means any natural person (B2C) or legal entity (B2B) who is or will be in a contractual relationship of any kind with CDS AUTOMATES. Each "Buyer" undertakes not to purchase the products on "CDS AUTOMATES" with the sole purpose of reselling them without the express consent of CDS AUTOMATES
  • "Consumer": Any natural person in the capacity of Buyer acting for purposes outside his business or professional activity
  • "Products": All goods and services that are the subject of this Agreement
  • "Goods manufactured to Consumer specifications": Goods that are not prefabricated and that are manufactured based on an individual choice or decision of the Consumer
  • "Sales contract" means any contract by which the merchant undertakes to transfer ownership of goods and/or provide a service to the Buyer. This Buyer in turn undertakes to pay the price thereof

2. Introduction

These Terms of Sale apply to all sales of products, now and in the future, concluded between CDS AUTOMATES and the Buyer through the site

www.homebarista.be. By using the website, the Buyer accepts these General Conditions, as well as all other rights and obligations as stated on the website.

CDS AUTOMATES reserves the right to modify and/or supplement these General Conditions at any time for future orders. Any amendment will not affect current orders and contracts arising therefrom.

3. Offer and Acceptance

3.1 The Offer

All products are put online with the utmost care. CDS AUTOMATES undertakes to make available sufficient information on the characteristics of the products, including technical descriptions and photographs illustrating these products. The images on our website faithfully represent the main features of our products. Any offer by CDS AUTOMATES constitutes a simple invitation to the Buyer to place an order and therefore cannot be considered as a firm offer to CDS AUTOMATES. The offers on the website are only valid within the limits of available stock. If a product ordered by you is out of stock, CDS AUTOMATES will clearly inform you by e-mail within seven (7) days of placing the order. Notorious or obvious errors in the price indication, such as obvious inaccuracies, may be corrected by CDS AUTOMATES.

3.2. The Prices

All prices are stated in euros and include VAT and all other taxes such as Reprobel, Auvibel and Recupel. If the Buyer is acting in the context of his business or professional activity, the price may be shown excluding 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 certain payment methods may result in additional charges, which are the sole responsibility of the Buyer.

WARNING: Although CDS AUTOMATES does its utmost to indicate a complete price, it is possible that special circumstances lead to additional costs, such as in the case of international shipping (outside the EU) or additional insurance. These additional costs, including, for example, import duties, transport and delivery costs, postage costs or premiums, shall be borne by the Buyer and shall only be communicated after confirmation of the order.

3.3. The Acceptance

If the Buyer wishes to purchase a product from the CDS AUTOMATES assortment, he must make an offer for it via the online ordering method.
If an order cannot be fulfilled or only partially fulfilled, CDS AUTOMATEN shall inform the Buyer of this and possibly offer him an alternative product. If CDS AUTOMATES refuses the order or if the Buyer does not agree with the proposed alternatives, no contract can be concluded and all payments already made will be immediately refunded. In accordance with the Law of March 11, 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. To prove the contract, CDS AUTOMATES may use any available electronic files, within the legally permitted limits.

The customer can file a complaint with HomeBarista at the e-mail address: info@homebarista.be or with the European Commission's ODR platform at 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 the sale takes place as part of a business or professional activity (B2B), the Buyer may request an invoice. In principle, every 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 AUTOMATES takes all possible and appropriate precautions to ensure the security of your online transactions. The main concerns relate to the loss or theft of your identity or financial data.

5. Force majeure

If CDS AUTOMATES is fully or partially prevented from fulfilling its obligations to the other party due to force majeure. In such a case CDS AUTOMATES is not obliged to fulfill its obligations to the other party. CDS AUTOMATES shall be entitled to suspend its obligations for the duration of the force majeure.

6. Intellectual property & prevention of counterfeiting

6.1 Intellectual property

All intellectual property rights and all derivative rights remain the property of CDS AUTOMATES and/or the right holder. Intellectual property rights include copyright, trademark, design and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts whether patentable or not. CDS AUTOMATES attaches great importance to its intellectual property rights and has taken all possible measures to protect them. The commercial signs we use on our website are protected as (registered) trade names. Any infringement of existing intellectual property rights will be prosecuted.

6.2. Prevention of counterfeiting

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

https://meldpunt.belgie.be/mel.

7. Applicable law and competent court

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 from contracts concluded with CDS AUTOMATEN, are 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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