General terms and conditions of :
Evermore Tea - Coffee - Chocolate (https://www.evermorethee.nl)
Henceforth be known as: EVERMORE
1 - Scope
These general terms and conditions of sale apply to the sale of products via distance sales, within the Netherlands, by EVERMORE, and cover all sales activities with our customers. Distance selling means orders placed through our website www.evermorethee.nl, as well as telephone orders, orders by fax or written orders. We reserve the right to change the general terms and conditions of sale at any time, provided that we publish the changes on our website. The general terms and conditions will be sent by EVERMORE upon request. The general terms and conditions can also be consulted permanently on the internet.
2 - Prices
The product prices are indicated in euros, including VAT and including packaging costs and excluding (uninsured) shipping costs within the Netherlands. Special offers are only valid for a limited and fixed period. EVERMORE reserves the right to change prices at any time. The products are billed on the basis of the rates in effect at the time of the buyer's order.
3 - Orders
We accept your orders under these general terms and conditions of sale. By placing an order, the buyer declares to agree with the applicability of these general terms and conditions of sale. The data regarding an agreement of purchase and sale are drawn up in Dutch and will be confirmed at the latest during the digital order. EVERMORE reserves the right to cancel orders when there is a dispute with the buyer, regardless of its nature or origin. Invoices are sent by e-mail on the day of dispatch of the order and / or enclosed in the package, according to EVERMORE's preference.
4 - Confirmation
The data recorded by EVERMORE constitutes proof of all transactions between EVERMORE and its customers. The data registered by the payment system is proof of the financial transactions.
5 - Availability
Our product offers and prices are valid as long as they are listed on our website, while stocks last. Information about the availability of our products is given after the buyer places an order. If a product turns out to be out of stock after you have placed your order, EVERMORE will notify the buyer by e-mail as soon as possible. If EVERMORE proves unable to deliver the items ordered by the buyer within 30 days after submission, the buyer is entitled to cancel the placed order in whole or in part. In some cases, EVERMORE will be obliged to credit amounts paid in advance by the buyer, deducting any partial delivery made and the shipping costs incurred for this, as soon as possible, but no later than 30 days after the dissolution of the agreement.
6 - Delivery
The ordered products are delivered to the delivery address as specified by the buyer when placing an order. The delivery time covers the time of preparing the package and shipping and in any case does not exceed 30 days after receipt of an order. Exceeding the statutory maximum delivery period of 30 days will not lead to default by operation of law, in deviation from article 7: 46f paragraph 1 of the Dutch Civil Code. A notice of default is therefore required before EVERMORE can become in default. Goods travel at EVERMORE's risk. The risk is transferred to the buyer at the moment that the goods are delivered to the buyer. If the buyer has not received the complete order, the buyer must report this to EVERMORE no later than three days after receipt of the shipment, stating the invoice and / or order number and stating the items not delivered or incorrectly delivered.
7 - Shipping Costs
All goods are shipped uninsured by default. The shipping costs are included based on the above. EVERMORE reserves the right to change these costs at any time. The amount of shipping costs will be announced in an unambiguous manner on the EVERMORE website and will also be visible when placing the order. For shipments with a weight higher than 10kg, more collie shipments and shipments with large dimensions, EVERMORE reserves the right to pass on the additional shipping costs to the buyer, in which case EVERMORE is obliged to inform the buyer of this prior to the acceptance of buyer's order.
8 - Payments
Payments done through the webshop www.evermorethee.nl are to be performed in euros. All orders are delivered after prepayment. In special cases, EVERMORE may decide to deviate from this, in which case the following also applies. Payment must be made within 8 days of the invoice date. The amount must be paid in full within the specified period. EVERMORE does not accept payment in installments. If payment is not made within the term, the customer is in default by operation of law without further notice of default being required. EVERMORE is entitled from the day that the payment should have taken place to charge an interest of 1.5% per month of the entire amount due, as well as to charge administration costs when payment is made after a reminder. All costs, both judicial and extrajudicial, for collecting the amount due and not paid in time are for the account of the buyer.
9 - Retention of title
All products remain the property of EVERMORE until payment and if applicable interest have been received in full. This provision does not prevent the risk of loss of quality or damage from transferring to the customer from the moment the products are received by the buyer.
10 - Right of return
From the date of receipt of the shipment, a private buyer has 14 days to return product(s), without giving any reason. Goods must be properly packaged and returned in the original packaging. The buyer must enclose (a copy of) the invoice with a return shipment and note his or her bank or giro account number on it. The buyer must sufficiently postage the return shipment, at his own expense.
EVERMORE does not accept unstamped shipments or COD shipments, whatever the reason may be. If a part has been paid, the buyer will be refunded the purchase amount. The shipping and packaging costs paid by the buyer to EVERMORE are not eligible for credit. EVERMORE, however, reserves the right to proceed with settlement, should a single order remain unpaid. Excluded from this right of return:
- Goods that were unambiguously marked as “sale” or otherwise designated promotional items, at the time of placing the order by the buyer.
11 - Guarantee
EVERMORE does not accept any liability other than for the product delivered by it. The buyer cannot make a claim under the warranty in the event of injudicious, negligent, careless or unsuitable use, incorrect connection, molestation, fall damage and in comparable situations. The following general warranty conditions are also excluded:
- Goods that were unambiguously identified as “sale” or otherwise designated promotional items at the time of placing the order. The proper functioning of the above products is only guaranteed on the day that the buyer receives them, unless stated otherwise. Goods must be returned properly packaged. Beforehand, the buyer must report a warranty claim / return shipment to EVERMORE by E-Mail, stating the invoice and / or order number and stating the description and numbers of the products to be returned. EVERMORE will then provide a warranty handling number to the buyer that must be clearly stated on the outside of the packaging. The buyer must sufficiently postage the return shipment, at his own expense. EVERMORE does not accept unstamped or cash on delivery shipments, whatever the reason. In addition to these warranty provisions, legal warranty provisions remain in effect.
12 - Intellectual property
All texts, comments, illustrations and images on the EVERMORE website are copyrighted and protected worldwide by intellectual property law. In accordance with the provisions of intellectual property, only private use is permitted. Any publication without prior permission by EVERMORE is an infringement of copyrights and a violation of intellectual property rights.
13 - Termination
Any default on the part of the customer gives EVERMORE the authority to dissolve the agreement in whole or in part by means of a written statement addressed to the customer. A written statement also includes a statement addressed to the email address of the customer.
14 - Liability
The legislation in force in the Netherlands applies to all actions and services offered by EVERMORE. EVERMORE cannot be held liable if the regulations of a foreign country where the products are delivered at the request of the buyer are not complied with. EVERMORE cannot be held liable in the event of force majeure, political unrest, a partial or total strike of, in particular, the postal services, means of transport or communication, floods and fire. EVERMORE cannot be held liable if third parties fail to fulfill their obligations to EVERMORE, as a result of which EVERMORE cannot or not timely fulfill its delivery obligation.
15 - Invalidity, voidability
Any invalidity or voidability of any provision of these General Terms and Conditions of Sale does not affect the validity of the other provisions.
16 - Applicable law - Procedures
This agreement has been drawn up in English. Dutch law applies to this agreement. In the event of disputes, only courts in the Netherlands are applicable.
17 - Personal data
EVERMORE will not make information provided by the buyer available to third parties. EVERMORE only collects data that is strictly necessary to fulfill an order or to keep the buyer informed of special offers and new products, whereby the buyer is offered the option not to receive this information. Personal data is processed in accordance with the General Data Protection Regulation (GDPR). The retention period for inactive accounts is a maximum of 3 years, or at the request of the buyer.