Algemene voorwaarden
General Terms and Conditions for Three Cups
These Terms and Conditions apply to all Agreements that the Customer enters into with Three Cups, and to all services and/or products of Three Cups that the Customer purchases. These Terms and Conditions are available at all times on the Three Cups Website, and are provided to the Customer electronically before or upon entering into the Agreement.
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period : the period within which the Customer can make use of his right of withdrawal;
Customer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day : calendar day;
Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable medium : any instrument which enables the Customer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the possibility for the Customer to cancel the distance contract within the cooling-off period;
Entrepreneur : the natural or legal person who offers products and/or services remotely to Customers;
Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Distance communication technology : means that can be used to conclude an agreement without the Customer and the entrepreneur being in the same room at the same time.
General Terms and Conditions : these General Terms and Conditions of the entrepreneur.
Article 2 – General information Three Cups
The Three Cups VOF with trade name Three Cups
Establishment address: Aalsmeerderweg 285, 1432 CN Aalsmeer
E-mail address: info@threecupstea.com
Chamber of Commerce number: 95214763
VAT identification number:
Article 3 – Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the Customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the Customer electronically.
Situations not covered by these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.
Article 4 – The offer of Three Cups
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Each offer contains such information that it is clear to the Customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the manner in which the Customer, before concluding the agreement, can check and, if necessary, correct the data provided by him in the context of the agreement;
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the time the Customer accepts the offer and meets the conditions set therein.
If the Customer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the Customer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the Customer can pay electronically, the entrepreneur will take appropriate security measures to that end.
The entrepreneur may – within legal frameworks – inquire whether the Customer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Article 6 – Right of withdrawal
Upon delivery of products:
When purchasing products, the Customer has the option to cancel the agreement without giving reasons for 14 days. This cooling-off period commences on the day after the Customer receives the product.
During the cooling-off period, the Customer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the Customer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days after receipt of the product by email. After the Customer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The Customer must prove that the delivered goods were returned on time, for example by means of proof of shipment.
If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
When providing services, the Customer has the option to cancel the agreement without giving any reason for at least 14 days, starting on the day the agreement is concluded.
In order to exercise his right of withdrawal, the Customer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of revocation
If the Customer exercises his right of withdrawal, he will be responsible for at most the costs of return.
If the Customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. The condition here is that the product has already been received by the web shop or conclusive proof of complete return can be provided. Refund will be made via the same payment method used by the Customer, unless the Customer expressly gives permission for another payment method.
In the event of damage to the product due to careless handling by the Customer, the Customer's right to reimbursement of costs shall lapse.
Article 8 – Exclusion of the right of withdrawal
The entrepreneur can exclude the Customer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
which have been created by the entrepreneur in accordance with the Customer's specifications;
that are clearly personal in nature;
which by their nature cannot be returned;
that can spoil or become outdated quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for hygiene products of which the Customer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
the delivery of which has commenced with the express consent of the Customer before the cooling-off period has expired;
If the Customer exercises his right of withdrawal, and is also entitled to this following paragraphs 2 and 3 of this article, the package can be sent to Aalsmeerderweg 285, 1432 CN Aalsmeer
Three Cups will return the amount within 30 working days if it appears that the Customer is entitled to his right of withdrawal.
Article 9 – The price
Three Cups reserves the right to change the prices of a product or service and will notify the Customer 14 days before the price change takes effect.
The Customer reserves the right to cancel his/her subscription within 10 days after the price change takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.
Promotions and offers are valid while stocks last.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
The guarantee provided by the entrepreneur does not affect the statutory rights and claims that the Customer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the Customer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The Customer has repaired and/or modified the delivered products themselves and/or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
Three Cups is never responsible, to the extent legally permitted, for lost (indirect) damage, including profit, lost turnover, lost opportunities or other negative consequences, which may arise from the delivery of its delivered product.
Article 11 – Delivery and execution
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the Customer has made known to the company.
Taking into account what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but at the latest within 30 days, unless the Customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the Customer will receive notification of this at the latest 30 days after placing the order. In that case, the Customer has the right to terminate the agreement without costs. The Customer is not entitled to compensation.
All delivery times are indicative. The Customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Customer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the Customer as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the Customer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, termination and extension
Cancellation
The Customer may terminate an agreement entered into for an indefinite period of time and which extends to the regular delivery of products or services at any time, taking into account the agreed termination rules and before the first subsequent delivery.
Cancellation rules as described in paragraph 1 include, among other things, cancelling or changing preferences no later than 3 days before the next delivery is scheduled.
Cancellation can be done via the web account as well as via email contact with the Entrepreneur.
The Customer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.
The Customer may terminate the agreements referred to in the previous paragraphs:
cancel at any time and not be limited to cancellation at a specific time or during a specific period;
at least cancel in the same manner as they were entered into by him;
always cancel with the same notice period as the entrepreneur has stipulated for himself.
Extension
An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
Article 13 – Payment
Payments are made exclusively electronically, including SEPA payments, and are executed by Shopify BV
Invoices and payment reminders are only offered electronically.
In the event of late payment, for example due to reversal of the debited amounts or due to insufficient balance on the relevant account, Three Cups is entitled to charge statutory commercial interest. If the Customer fails to pay the full amount due after a reminder, Three Cups is entitled to engage a debt collection agency and to block Three Cups's services for the relevant Customer. The judicial and extrajudicial costs of the collection will be borne by the Customer.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the Customer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the Customer can expect a more detailed answer.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
Agreements between the entrepreneur and the Customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the Customer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Amendment of these general terms and conditions
Three Cups reserves the right to amend the general terms and conditions and will, to the extent legally required, inform the customer of these changes.
If there has been a significant change in the general terms and conditions, the customer is entitled to terminate his/her agreement with immediate effect.
Article 17. Customer Obligations
The Customer must keep the login details provided safe and not transfer them to others.
The Customer is obliged to provide his/her personal data correctly and truthfully to the Entrepreneur. The Customer is obliged to check the address details before entering into the Agreement with the customer