General Terms and Conditions
In these General Terms and Conditions, the following terms shall have the following meaning:
1. Strietman Espresso Machines: the Company that sells Espresso Machines by the name of Strietman Espresso Machines or Espressostrietman, located on Daalakkersweg 4-06, 5641 JA Eindhoven, The Netherlands, email: email@example.com, chamber of commerce number 52490580 and VAT-number NL199088214B01.
2. You: the customer who can be a consumer or a company who buys a product of Strietman Espresso Machines;
3. Contract: the agreement between you and Strietman Espresso Machines about buying products from Strietman Espresso Machines.
4. Distant selling: a contract between you and Strietman Espresso Machines that is formed only by distance sources of communication, as phone, internet, mail or fax machine;
5. Right of return: your right as a consumer to end the contract that was formed only by distance sources.
6. Cool-off period: A period of 14 days within you have the right to return;
7. Model form for the right of return: the form that you can use to claim your right of return;
8. Terms and conditions: the rules in this document that are applicable on all contracts between you and Strietman Espresso Machines;
1. These General Terms and Conditions are valid for all contracts and other agreements between you and Strietman Espresso Machines.
3. If one or more terms of these General Terms and Conditions are considered to be null and void, the remaining terms of these General Terms and Conditions continue to be fully applicable. You and Strietman Espresso Machines shall then enter into consultation to agree on new terms to replace those that are considered to be null and void, taking into account as much as possible the nature and intent of the original term.
4. If Strietman Espresso Machines does not always demand strict compliance with these Terms and Conditions, this does not mean that the provisions therein do not apply, or that Strietman Espresso Machines would to any extent lose the right to demand strict compliance with these Terms and Conditions in other cases.
3. Offers and quotations
1. The offer contains a full description of the product and gives enough details so you can make a good judgement about the product.
4. How the contract is formed
1. After placing an order, you will receive an e-mail from us confirming that your order is being processed. Strietman Espresso Machines will charge your paypal / credit or debit card at the time of checkout, at which stage the contract is formed.
2. Strietman Espresso Machines shall inform you at least at the moment before shipment of the product about:
– the address of Strietman Espresso Machines where you can complaint;
– the way you can use your right of return;
– the price of the product;
5. Right of return
1. If you are contracting as a consumer you have the right to return the product within the cool-off period of 14 days in an unused, undamaged condition only. Note: return policy only applicable for espresso machines, accessories are non-returnable.
2. The cool-off period starts at the moment you receive the product.
3. During the cool-off period you have a legal obligation to take good care of the product and the packaging. You are only allowed to view and inspect the product in the way you would do this in a shop. You can be liable for loss of value of the product if you fail to comply with this obligation.
4. When you want to return the product within the cool-off period you may preferably use the model form, we will provide it through email.
5. You are responsible and if necessary have to proof that you claimed the right of return within the cool-off period.
6. If you are using your right to return the product you will have to pay the transport costs both ways.
7. Strietman Espresso Machines will send you a confirmation after receiving your notification of using the right to return.
8. You have to send the product to Strietman Espresso Machines within 14 days after your notification of using the right to return. You are responsible for securely packing the product.
9. Strietman Espresso Machines will pay you a refund of the price paid for the product minus bank transfer costs (-4% of the total invoiced amount) and minus transport costs within 14 days after your notification of using the right to return. If Strietman Espresso Machines did not receive the product back within this term he can wait until the product is received before refunding.
10. If Strietman Espresso Machines finds any traces of use or damage there is a right of action against you for compensation and deduction on your refund. If traces of use are found we quote an hourly rate of €80 with a minimum of 2 hours.
6. Lead time and delivery
1. Normal lead time for espresso machines is 4 weeks from the moments you placed your order. When your order is dispatched it will take approximately 2 working days to deliver within the EU and 3 to 5 working days for worldwide delivery. Transport of espresso machines will go through DHL.
2. Because Strietman Espresso Machines use a third-party delivery service, these times are estimates and not guarantees. However, please let us know if you do not receive your order in good time and Strietman Espresso Machines will look into the matter. Delivery times may be longer for certain products.
3. The product will be delivered on the address you have registrated at the moment the contract was formed.
7. Breakage during transport
1. When breakages occur during transport, Strietman Espresso Machines require photographic evidence from you to demonstrate that the product is indeed broken or damaged during transport. Goods must be signed for as damaged.
2. Please notify us within 24 hours from the proof of delivery, if there has been any signs of damage in transit. Please note: Strietman Espresso Machines cannot refund/replace any orders for damage in transit after 24 hours from proof of receiving delivery of the goods.
8. Returning due to breakage
1. When the Product is defective, ( in accordance with the warranty terms noted in clause 9) Strietman Espresso Machines will examine the returned product. Strietman Espresso Machines reserves the right to repair the machine at our own discretion or to replace it with a new one.
2. Before sending the product back to us Strietman Espresso Machines kindly ask you to mail us at firstname.lastname@example.org about the specific problem.
3. The cost for shipping the machine will be covered by us both ways.
4. If a product is deemed to be without fault or in need of repair, the customer will be responsible for both the cost of shipping to return the unit to Strietman Espresso Machines as well as the cost of shipping back to the customer.
9. Warranty terms for Espresso Machines
1. Product warranty period: 24 months from the date on which the goods are received by the customer.
2. The warranty does not cover:
-Need for maintenance and repair due to wear caused by normal abrasion or use;
-A bent lever arm / piston arm due to overload;
-The replacement of gaskets and rubbers, or damages or malfunctions due to chemical or electrochemical effects;
-Any damage caused due to inappropriate handling or lack of due diligence;
-Damage caused by lightning, water or fire;
-Damage caused by improper installation / wall mounting;
-Any damage caused due to improper usage – or by the use of the product for unintended purposes or by defiance of the indications for use and maintenance of the product as specified in the manual;
-Use of the product in defiance of the existing safety standards of the country the product is used in.
3. Should your machine need repairing beyond the warranty period, please contact the Strietman factory / supplier or one of our service partners.
10. Altering the product
1. When you alter the design or function of the machine in any way this will cause a breach of warranty.
Some examples of a breach of warranty are:
-adjusting the calibration screw inside the thermostat housing.
-installing a PID device.
-The installment of a third party pressure gauge without proper guidance from the third party involved. Any problems arising from the installment of such a gauge must be taken up by the third party involved.
2. Dissembling or taking the machine apart in any way is forbidden and will also cause a breach of warranty.
1. Strietman Espresso Machines provides links to websites of other companies. Strietman Espresso Machines is not responsible for the products or the service provided by third party companies.
12. Risk and title
1. The Products will be at your risk from the time of delivery.
2. Ownership of the Products will only pass to you when Strietman Espresso Machines receive full payment of all sums due in respect of the Products, including delivery charges.
13. Price and payment
1. Prices exclude VAT and delivery costs, which will be added to the total amount due before you place your order. You are given the option of correcting any errors before you confirm your order to us.
2. Prices are liable to change at any time, but changes will not affect orders in respect of which Strietman Espresso Machines have already sent you a Dispatch Confirmation.
3. If Strietman Espresso Machines have made a pricing error by displaying a lower price than the correct price, Strietman Espresso Machines will either contact you for instructions before dispatching the Product or reject your order and notify you of such rejection. If the pricing error is unmistakeable, Strietman Espresso Machines are under no obligation to provide the Product to you at the incorrect (lower) price.
4. If Strietman Espresso Machines have incorrectly displayed a higher price, Strietman Espresso Machines will confirm the correct price to you in the Dispatch Confirmation and refund the difference to your card.
5. Strietman Espresso Machines will charge your credit or debit card at the time of checkout.
6. All payments shall be made in Euro’s. Please note that Strietman cannot be held responsible for adverse currency fluctuations. The conversion rate is set at the point of authorisation of your credit/debit card.
14. Our liability
1. Strietman Espresso Machines warrants to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
2. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
3. Strietman Espresso Machines is not responsible for indirect losses which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise.
4. This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) For fraud or fraudulent misrepresentation;
(c) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5. The liability of Strietman Espresso Machines ends 2 years after the moment you purchased the product.
6. Strietman Espresso Machines is not liable for losses you suffer as a result of incompetent use of the product or use conflicting the manual.
1. All notices given by you to us must be given to email@example.com. Strietman Espresso Machines may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter.
16. Transfer of rights and obligations
1. You may not transfer, assign, charge or otherwise dispose of a contract, or any of your rights or obligations arising under it, without our prior written consent.
2. Strietman Espresso Machines may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any of our rights or obligations arising under it, at any time during the term of the contract.
17. Events outside our control
1. Strietman Espresso Machines will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks;
(f) The acts, decrees, legislation, regulations or restrictions of any government.
3. Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and Strietman Espresso Machines will have an extension of time for performance for the duration of that period. Strietman Espresso Machines will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
1. If Strietman Espresso Machines fails to insist upon strict performance of any of your obligations under this agreement, or if Strietman Espresso Machines fail to exercise any of the rights or remedies to which Strietman Espresso Machines are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
2. A waiver by Strietman Espresso Machines of any default shall not constitute a waiver of any subsequent default.
3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
1. If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
20. Entire agreement
1. Strietman Espresso Machines intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any contract. While Strietman Espresso Machines accepts responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these terms and conditions
1. Strietman Espresso Machines may revise and amend these terms and conditions from time to time.
2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Strietman Espresso Machines notify you of the change to those policies or these terms and conditions before Strietman Espresso Machines send you the Dispatch Confirmation.
1. If you have complaints about Strietman Espresso Machines you can send an email to firstname.lastname@example.org.
2. Strietman Espresso Machines will take care of your complaint as soon as possible but at least within 14 days.
3. Strietman Espresso Machines will try to solve your complaint in the best possible way.
23. Law and jurisdiction
1. Contracts for the purchase of Products through our site will be governed by Dutch law. Any dispute arising from, or related to, such contracts shall be subject to the Dutch jurisdiction.