Terms of Service Last Updated: August 2024
Please read these Terms of Service ("Terms") carefully before using the https://www.pakking-op-maat.nl website operated by Brooks Espressomachines ("we", "us", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.
By visiting or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, you may not use the service.
Article 1 - Applicability
These general terms and conditions apply to every offer from Brooks Espressomachines and to every distance contract concluded between Brooks Espressomachines and the consumer.
Before the distance contract is concluded, Brooks Espressomachines will make the text of these general terms and conditions available free of charge as soon as possible. If this is not reasonably possible, Brooks Espressomachines will indicate before the distance contract is concluded how these Terms can be reviewed and that they will be provided free of charge upon request.
If the distance contract is concluded electronically, the text of these general terms and conditions may, deviating from the previous paragraph, be made available electronically in such a way that the consumer can store it easily on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be reviewed electronically and that they will be provided electronically or otherwise free of charge upon request.
If, in addition to these general terms and conditions, specific product or service terms apply, the second and third paragraphs of this article will also apply, and the consumer may always invoke the provision that is most favorable to them in the event of conflicting general terms and conditions.
Article 2 - The Offer
If an offer has a limited validity period or is subject to certain conditions, this will be clearly stated in the offer.
The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description should be detailed enough to allow the consumer to make a proper assessment of the offer. If Brooks Espressomachines uses images, they are only approximate, indicative, and cannot lead to compensation or dissolution of the agreement. Obvious mistakes or errors in the offer do not bind Brooks Espressomachines.
Each offer includes such information that makes it clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.
Article 3 - The Contract
The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions set.
If the consumer has accepted the offer electronically, Brooks Espressomachines will promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
If the agreement is concluded electronically, Brooks Espressomachines will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, Brooks Espressomachines will observe appropriate security measures.
Brooks Espressomachines may, within legal frameworks, investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If Brooks Espressomachines has good grounds not to conclude the agreement based on this investigation, they are entitled to refuse an order or request with justification or to attach special conditions to the performance.
Before the product is delivered, Brooks Espressomachines will provide the following information with the product, service, or digital content in written form or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
a. The visiting address of the Brooks Espressomachines location where the consumer can address complaints;
b. The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. Information about existing after-sales service and guarantees;
d. The price including all taxes of the product, service, or digital content, if applicable the shipping costs and the method of payment, delivery, or performance of the distance contract;
e. The requirements for cancellation of the contract if the contract has a term of more than one year or for an indefinite period.
f. The standard form for withdrawal if the consumer has a right of withdrawal.
g. Digital images are for reference only and no rights can be derived from them.
In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Article 4 - Right of Withdrawal
The consumer can dissolve a purchase agreement concerning a product without giving any reason within at least 14 days. Excluded are electronic parts, special order items, items made to order, and items that have been removed from their sealing. Brooks Espressomachines may ask the consumer for the reason for withdrawal but cannot force them to provide their reasons. The right of withdrawal does not apply to business accounts, only to private individuals.
The cooling-off period referred to in paragraph 1 starts on the day the consumer receives the product or a third party designated by them who is not the carrier, or
a. If the consumer has ordered multiple products in the same order: the day on which the consumer or a designated third party receives the last product. Brooks Espressomachines may refuse an order of multiple products with different delivery times, provided they clearly inform the consumer of this before the ordering process.
b. If the delivery of a product consists of multiple batches or parts: the day on which the consumer or a designated third party receives the last batch or part.
c. In the case of an agreement that involves the regular delivery of products over a certain period: the day on which the consumer or a designated third party receives the first product.
Article 5 - Consumer Obligations During the Cooling-off Period
During this period, the consumer will handle the product and packaging with care. The consumer will only unpack or use the product to the extent necessary to establish the nature, characteristics, and functioning of the product. The principle is that the consumer may only handle and inspect the product as one would in a store.
The consumer is only liable for the reduction in value of the product caused by handling the product in a way that goes beyond what is allowed in paragraph 1.
The consumer is not liable for the reduction in value of the product if Brooks Espressomachines has not provided all the legally required information about the right of withdrawal before concluding the agreement.
Article 6 - Brooks Espressomachines Obligations in Case of Withdrawal
If Brooks Espressomachines allows withdrawal notification electronically, they will promptly send an acknowledgment of receipt.
Brooks Espressomachines will reimburse all payments from the consumer, excluding any delivery costs the consumer may be charged for the returned product, as soon as possible, but no later than 14 days after the consumer has notified them of the withdrawal.
Brooks Espressomachines will use the same payment method that the consumer used unless the consumer agrees to a different method. The reimbursement is at the consumer's own expense.
If the consumer has chosen a more expensive delivery method instead of the cheapest standard delivery, Brooks Espressomachines does not have to reimburse the additional costs for the more expensive method.
Article 7 - Exclusion of the Right of Withdrawal Brooks Espressomachines may exclude the following products and services from the right of withdrawal, but only if Brooks Espressomachines has clearly stated this in the offer, at least in time before concluding the agreement:
- Specially ordered products, electrical and electronic components.
- Service contracts after full performance of the service, but only if: a. The performance has begun with the consumer’s express prior consent; and b. The consumer has indicated that they lose their right of withdrawal once Brooks Espressomachines has fully performed the agreement.
- Products manufactured according to consumer specifications that are not prefabricated and are produced based on individual choice or decision of the consumer or intended for a specific person;
- Perishable products or products with limited shelf life.
- Sealed products that are not suitable for return due to health or hygiene reasons and whose seal has been broken.
Article 8 - The Price
The prices of the offered products and/or services will not be increased during the validity period stated in the offer, except for price changes resulting from changes in VAT rates.
Deviating from the previous paragraph, Brooks Espressomachines may offer products or services with variable prices subject to fluctuations in the financial market over which Brooks Espressomachines has no control. The offer will state that these may be subject to fluctuations and that any prices mentioned are indicative.
Article 9 - Execution of the Agreement and Additional Warranty
Brooks Espressomachines ensures that the products and/or services meet the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, Brooks Espressomachines also ensures that the product is suitable for other than normal use.
An additional warranty provided by Brooks Espressomachines, its supplier, manufacturer, or importer does not affect the rights and claims that the consumer can assert against Brooks Espressomachines for failure to meet its obligations if Brooks Espressomachines fails to fulfill its part of the agreement.
Article 10 - Delivery and Performance
Brooks Espressomachines will exercise the utmost care in booking and executing orders of products and in assessing requests for services.
The place of delivery is the address provided by the consumer to Brooks Espressomachines.
Subject to what is stated in Article 4 of these terms, Brooks Espressomachines will deliver accepted orders with due speed, but no later than 30 days unless a different delivery term has been agreed. If delivery is delayed or if an order cannot be delivered or can only be partially delivered, the consumer will be notified no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.
After dissolution according to the previous paragraph, Brooks Espressomachines will refund the amount paid by the consumer immediately, but no later than 30 days after dissolution.
The risk of loss and/or damage to products rests until the moment of delivery to the consumer or a previously designated and known representative at Brooks Espressomachines, unless expressly agreed otherwise.
Article 11 - Payment
Unless otherwise stipulated in the agreement or additional terms, amounts payable by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of a service agreement, this period begins on the day the consumer receives confirmation of the agreement.
If you wish to purchase a product or service provided through the Service ("Purchase"), you may be asked to provide certain information relevant to your Purchase, including, but not limited to, your full name, credit card number, CCV, and the expiration date of the credit card. We note that we do not share or sell this information and do not store it on our servers. The third-party application used for payments processes the transaction and is subject to their Terms of Service. Be sure to read those as well.
Article 12 - Content Our Service does not allow you to post, link, store, share, or otherwise make available certain information, text, images, videos, or other materials ("Content") without permission from Brooks Espressomachines.
Article 13 - Links to Other Websites Our Service may contain links to third-party websites or services that are not owned or controlled by Brooks Espressomachines.
Brooks Espressomachines has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Brooks Espressomachines shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
Article 14 - Changes We reserve the right to modify or replace these terms at any time at our sole discretion. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined solely by us.
If you have any questions about these Terms, please contact us.