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TERMS & CONDITIONS WEBSHOP

Introduction

Below you will find our General Terms and Conditions. These always apply if you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Please read this carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

1. Definitions
1.1. Hummingbird Coffee Amsterdam B.V.: established in Amsterdam and registered with the Chamber of Commerce under registration number 92942342 under the name Hummingbird Coffee Amsterdam B.V.
1.2. Website: the website of Hummingbird Coffee Amsterdam B.V., which can be consulted via shop.hummingbird.amsterdam and all associated subdomains.
1.3. Customer: the natural person who enters into an Agreement with Hummingbird Coffee Amsterdam B.V. not acting in the course of a profession or business. and/or has registered on the Website.
1.4. Agreement: any agreement or agreement between Hummingbird Coffee Amsterdam B.V. and Customer, of which agreement the General Terms and Conditions form an integral part.
1.5. General Conditions: the present General Conditions.

2. Applicability General Conditions
2.1. All offers, Agreements and deliveries of Hummingbird Coffee Amsterdam B.V. the General Terms and Conditions apply, unless expressly agreed otherwise in writing.
2.2. If the Client includes provisions or conditions in its order, confirmation or notification containing acceptance that deviate from or do not appear in the General Terms and Conditions, these are for Hummingbird Coffee Amsterdam B.V. only binding if and insofar as these are accepted by Hummingbird Coffee Amsterdam B.V. expressly accepted in writing.
2.3. In the event that specific product or service conditions also apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always invoke the applicable provision that is most favorable to him.

3. Prices and information
3.1. All on the Website and in others of Hummingbird Coffee Amsterdam B.V. The prices quoted for derived materials include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
3.2. If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be shown separately in the ordering process.
3.3. The content of the Website has been compiled with the greatest care. Hummingbird Coffee Amsterdam B.V. cannot, however, guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other information from Hummingbird Coffee Amsterdam B.V. Materials derived are therefore subject to obvious programming and typing errors.
3.4. Hummingbird Coffee Amsterdam B.V. cannot be held responsible for (color) deviations due to screen quality.

4. Conclusion of Agreement
4.1. The Agreement is concluded at the moment of acceptance by the Customer of the offer from Hummingbird Coffee Amsterdam B.V. and complying with the requirements specified by Hummingbird Coffee Amsterdam B.V. stated conditions.
4.2. If the Customer has accepted the offer electronically, Hummingbird Coffee Amsterdam B.V. confirms. immediately electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the Customer has the option to dissolve the Agreement.
4.3. If it turns out that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Hummingbird Coffee Amsterdam B.V. the right to fulfill its obligation only after the correct data has been received.
4.4. Hummingbird Coffee Amsterdam B.V. can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If Hummingbird Coffee Amsterdam B.V. based on this investigation, he has good reasons not to enter into the Agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution, such as advance payment.

5. Registration
5.1. In order to make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
5.2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.
5.3. Customer must keep his login details, username and password strictly confidential. Hummingbird Coffee Amsterdam B.V. is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through Customer’s account is the responsibility and risk of Customer.
5.4. If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Hummingbird Coffee Amsterdam B.V. to inform you thereof, so that Hummingbird Coffee Amsterdam B.V. can take appropriate measures.

6. Execution Agreement
6.1. As soon as the order has been placed by Hummingbird Coffee Amsterdam B.V. has been received, Hummingbird Coffee Amsterdam B.V. the products as soon as possible with due observance of the provisions of paragraph 3 of this Article.
6.2. Hummingbird Coffee Amsterdam B.V. is entitled to engage third parties in the performance of the obligations arising from the Agreement.
6.3. The delivery time is in principle 2 to 3 days. The method of delivery can take place in various ways and is at the discretion of Hummingbird Coffee Amsterdam B.V.
6.4. If Hummingbird Coffee Amsterdam B.V. cannot deliver the products within the agreed term, it will inform the Customer accordingly. In that case, the Customer can agree to a new delivery date or he is given the option to dissolve the Agreement free of charge.
6.5. Hummingbird Coffee Amsterdam B.V. advises the Customer to inspect the delivered products and to report any defects that have become apparent within a reasonable time, preferably in writing. See the Article on warranty and conformity in more detail.
6.6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Customer. If expressly agreed otherwise, the risk will pass to the Customer sooner. If the Customer decides to collect the products, the risk is transferred upon transfer of the products.
6.7. Hummingbird Coffee Amsterdam B.V. is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The customer is then entitled to dissolve the Agreement free of charge and to return the product free of charge.

7. Right of withdrawal
7.1. This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.
7.2. The customer has the right to cancel the Agreement concluded at a distance with Hummingbird Coffee Amsterdam B.V. within 14 days of receipt of the product, without stating reasons, free of charge.
7.3. The period starts on the day after the Customer, or a third party designated by him in advance, who is not the carrier, has received the product, or:
· a if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product;
· if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or the last part;
· in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.
7.4. The customer must bear the return costs himself, if these costs are higher than the regular postal rate, Hummingbird Coffee Amsterdam B.V. an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer’s own expense.
7.5. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. The customer will only open the packaging and only use the product to the extent necessary to check the nature, characteristics and functioning of products. The basic principle here is that this inspection may not go beyond what the Customer could do in a physical store.
7.6. Customer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in the previous paragraph.
7.7. The Customer can dissolve the Agreement in accordance with the term set in paragraph 1 of this Article by sending the model withdrawal form (digitally) to Hummingbird Coffee Amsterdam B.V., or in another unambiguous manner to Hummingbird Coffee Amsterdam B.V. to indicate that he or she is canceling the purchase.Hummingbird Coffee Amsterdam B.V. in the event of a digital notification, confirms receipt of that notification. After termination, the Customer has 14 days to return the product. It is also possible to return the product immediately within the reflection period specified in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is enclosed.

Products can be returned to:

Hummingbird Coffee Amsterdam B.V.
Spuistraat 217
1012VN, Amsterdam

7.8. Amounts already paid (in advance) by the Customer will be repaid to the Customer as soon as possible, but at the latest within 30 days after dissolution of the Agreement. Unless Hummingbird Coffee Amsterdam B.V. offers to collect the product itself, Hummingbird Coffee Amsterdam B.V. wait with repayment until Hummingbird Coffee Amsterdam B.V. has received the product or until the Customer demonstrates that he has returned the product, whichever is earlier.
7.9. Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in good time before the Agreement is concluded.
7.10. The right of withdrawal does not apply to:
· P Products created by the entrepreneur in accordance with the Customer’s specifications;
· Products that can spoil or age quickly;
· Products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;

8. Payment
8.1. Customer must make payments to Hummingbird Coffee Amsterdam B.V. according to the payment methods indicated in the order procedure and possibly on the Website. Hummingbird Coffee Amsterdam B.V. is free to choose the payment methods offered and these may also change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.

9. Subscription
9.1 By purchasing a subscription of your choice via our website shop.hummingbird.amsterdam you agree to a monthly direct debit and therefore our general terms and conditions.
9.2 If a direct debit fails and cannot be collected again, we have the rule that we immediately cancel the subscription from our side, with notice by e-mail, and you cannot subscribe to our boxes for 1 year. We are forced to do this due to administrative and personnel capacities.

10. Cancel or change subscription
10.1 You are at all times responsible for canceling your monthly subscription of your choice or to make a change. You do this in your account on our website. All subscriptions for the different coffee boxes are sent with track and trace.
10.2 If you want to delete your data – after termination of your subscription – you can do this by sending an email to info@hummingbird.amsterdam with the request to delete your account data.

Your information is never shared with third parties, not even for marketing activities.

11. Shipping and Delivery Policy
11.1 All our orders via our website shop.hummingbird.amsterdam are delivered to your home after direct online payment or to the specified address. For shipments we use the service of Post NL for the Netherlands and the entire Benelux. Once the order has been processed you will receive an email confirmation within 24 hours.
11.2 For all international shipments we use the service of Fedex, DHL or UPS, depending on the country and the size or weight of the package.
11.3 All standard orders (no subscriptions) will be sent the same day as soon as this is ordered on working days from Monday to Friday before 16:00. Orders placed on Fridays after 4:00 PM and orders placed on Saturdays and Sundays will be offered for delivery by post the following Monday. For all shipments by post we use a track and trace code so that we and the customer can always follow the package.
11.4 Due to possible order pressure at distributors, it is possible that a delivery takes longer than desired. If the customer has not received an order within 5 to 7 days, please contact info@hummingbird.amsterdam.

12. Warranty and Conformity
12.1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Hummingbird Coffee Amsterdam B.V. a separate guarantee is given on the products, without prejudice to what has just been stated, this applies to all types of Customers.
12.2. Hummingbird Coffee Amsterdam B.V. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the Agreement. If specifically agreed, Hummingbird Coffee Amsterdam B.V. also ensure that the product is suitable for other than normal use.
12.3. If the delivered product does not comply with the Agreement, the Customer must inform Hummingbird Coffee Amsterdam B.V. within a reasonable period of time after discovering the defect. to inform you thereof.
12.4. If Hummingbird Coffee Amsterdam B.V. considers the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. With due observance of the Article regarding liability, the maximum compensation is equal to the price paid by the Customer for the product.

13. Complaints procedure
13.1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of the services of Hummingbird Coffee Amsterdam B.V., he can contact Hummingbird Coffee Amsterdam B.V. submit a complaint by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.
13.2. Hummingbird Coffee Amsterdam B.V. provides the Customer with a response to his complaint as soon as possible, but in any case within 3 days after receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Hummingbird Coffee Amsterdam B.V. within 3 days of receipt of the complaint, confirm the complaint and indicate the period within which it expects to provide a substantive or final response to the Customer’s complaint.
13.3. Customer who is not acting in the exercise of his profession or business can also file a complaint via the European dispute resolution platform, which can be reached at http://ec.europa.eu/odr/.

14. Personal data
14.1. Hummingbird Coffee Amsterdam B.V. processes the personal data of the Customer in accordance with the privacy statement. This can be found here.

15. Final Provisions
15.1. Dutch law applies to the Agreement.
15.2. Insofar as not dictated otherwise by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Hummingbird Coffee Amsterdam B.V. is located.
15.3. If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will determine (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as much as legally possible.
15.4. In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

If you have any questions, complaints or comments after reading these General Terms and Conditions, please do not hesitate to contact us in writing or by e-mail.

Hummingbird Coffee Amsterdam B.V.
Spuistraat, 217
1012VN, Amsterdam

Phone: +31 6 18585948
Email: info@hummingbird.amsterdam

Chamber of Commerce number: 92942342
VAT: NL8662239B01