Condition of sales

The webshop www.homebarista.be is an initiative of:

CDS AUTOMATEN BVBA (cfr. “CDS Automaten”)

Rue du Mont Gallois 60

B-7700 Moeskroen

Company number (VAT BE):  0477.261.576

If you have any questions or comments to make, you can contact us via

Email: laurent.webshop@cdsautomaten.be

Tel.: +32 (0) 56 392 402 

Please indicate your order number and any other relevant information in all communications with Homebarista. This allows us to provide you a quick and appropriate answer.

1         Definition

In these General Conditions of Sale, the following definitions shall have the following meanings:

“Purchaser” means any natural (B2C) or legal (B2B) person that enters into a contractual relationship of any kind with CDS Automaten. Each Purchaser agrees not to purchase the products of CDS Automaten with the mere purpose to resell them, except as otherwise expressly authorized by CDS Automaten. Further also referred to as “you” or “your”.

“Consumer” means any natural person who is acting for purposes which can be regarded as outside his trade or profession.

“Products” mean all goods and services that are the subject matter of one or more sales contracts.

“Goods made to the consumer’s specifications” mean non-prefabricated goods made on the basis of an individual choice of or decision by the consumer.

“Sales contract” means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the consumer and the consumer pays or undertakes to pay the price thereof, including any contract having as its object both goods and services;

2         INTRODUCTION

These General Conditions of Sale shall apply to all current and future sales of Products by CDS Automaten to the Purchaser via the webshop www.homebarista.be. By using the website and/or placing an order, the Purchaser accepts these terms as well as all other rights and obligations as stated on the website.

These General Conditions of Sale shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these General Conditions of Sale.

CDS Automaten reserves the right to amend and/or supplement the General Conditions of Sale in the future. A future change will obviously have no effect on existing product orders and the resulting agreements.

3         OFFER AND ACCEPTANCE

3.1         The Offer

We place our offers online with the utmost care. CDS Automaten is committed to communicate sufficient information about the features of the products, including technical descriptions (which are based on details of our partners and suppliers) and photographs illustrating the products (which approximate a true image of their significant features). This entirely in so far as technical means allow and in accordance with the best standards in the market. The images displayed on our website provide an approximate representation of the substantial features of our products.

Every offer on our website can only be seen as an invitation made to the Purchaser to treat with us, and can therefore not be considered as binding on CDS Automaten. An offer is only valid while stocks last. If the product is no longer in stock, we reserve the right to inform you thereof within seven (7) calendar days as of the order placement.

We reserve the right to attach particular conditions to a specific offer, such as a limited duration. You can rest assured that these conditions will be explicitly communicated to you prior to the order placement.

CDS Automaten is not bound by its offer when such offer has been compromised by a clear error or mistake. Obvious errors in price, such as obvious inaccuracies, can still be corrected by CDS Automaten after the conclusion of the sales contract.

Our online order method will not be applicable for the purchase of certain products. In such cases, the Purchaser must contact CDS Automaten in order to receive an individual quotation. Such individual quotation is valid for thirty (30) calendar days, unless a different period is stated in the offer. These General Conditions of Sale are applicable with regard to the offer and any agreements resulting from the individual quotation.

3.2         Pricing

All prices are indicated in EURO and include VAT and other taxes, such as Reprobel, Auvibel and Recupel. CDS Automaten may indicate the price exclusive of VAT upon notification of a company number. The individual product price does not include the costs of delivery and other additional costs, but we will communicate these costs in the last step of our online ordering process. The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.

NOTE: CDS Automaten tries to communicate a full pricing but certain circumstances, such as international shipments (outside the EU) and supplemental insurance, can give rise to additional costs. These additional costs such as import duties and freight, delivery or postage costs, premiums and any other costs can only be communicated once the order confirmation is sent. These costs are always borne by the Purchaser.

We have the right to change our prices at any time but commit to always apply the prices that was indicated on our website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.

Shipping costs.

Belgium: 5 EURO

Zone

5 kg

10 kg

15 kg

25 kg

30 kg

40 kg

50 kg

Delivery term

1

€ 6,70

€ 9,22

€ 10,42

€ 13,37

€ 14,14

€ 22,25

€ 26,32

1 – 2 days

2

€ 10,10

€ 12,12

€ 13,70

€ 15,27

€ 19,18

€ 26,58

€ 30,22

2 – 3 days

3

€ 16,05

€ 17,99

€ 20,57

€ 22,79

€ 25,50

€ 33,77

€ 38,26

3 – 6 days

4

€ 20,81

€ 24,06

€ 25,69

€ 29,64

€ 32,91

€ 40,47

€ 46,76

2-4 days

5

€ 26,66

€ 30,18

€ 31,56

€ 36,28

€ 42,34

€ 55,69

€ 65,69

3 – 6 days

1 Germany, Luxembourg, the Netherlands

2 Denmark, France, Austria

3 United Kingdom, Hungary, Italy, Poland, Slovenia, Slovakia, Czech Republic, Switzerland

4 Finland, Ireland, Romania, Spain, Sweden

5 Bulgaria, Estonia, Latvia, Lithuania, Norway, Portugal 

3.3         The Acceptance

To purchase a product from the CDS Automaten range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. CDS Automaten will send a confirmation of the order within seven (7) calendar days, directed at the e-mail address specified by the Purchaser at the moment of ordering. The sale contract shall be deemed formed when the Purchaser has received the order confirmation email issued by CDS Automaten.

CDS Automaten retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. CDS Automaten will inform the Purchaser and will (where possible) propose a similar product if the initial order cannot be executed or can only partially executed. There is no Sales contract if CDS Automaten refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon ​​refunded. The Purchaser is not entitled to any form of compensation.

The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Act of March 11, 2003 on electronic trading. Within the limits of what is permitted by law, CDS Automaten can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.

4         PAYMENT

The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 relating to Prices. If the Purchaser remains with any complaints regarding the pricing or the payment, he must communicate these complaints in writing within seven (7) calendar days after the confirmation of order. Other complaints must also be clearly communicated in writing within seven (7) calendar days. The filing of a complaint does not suspend due payments. The Purchaser who orders a product in the context of a business or profession (B2B) can obtain an invoice on request.

Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept all valid and internationally accepted credit cards and electronic payment, as indicated on our website. CDS Automaten has taken all reasonable measures to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees. We make use of the secured payment system of Ingenico for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided.

The Purchaser can choose a payment method that involves no immediate payment by its nature, such as a bank transfer. In that case the Purchaser has an obligation to pay within 14 days after the confirmation of order.

Homebarista webshop (CDS Automaten Bvba)

Rue du Mont Gallois 60

B-7700 Moeskroen 

Fortis bank: 001–3726301-25    IBAN BE70 0013 7263 0125     BIC GEBABEBB

The Purchaser enjoys a payment period of fourteen (14) calendar days after order confirmation. The Purchaser that fails to pay within the stipulated term is automatically and legally in default. CDS Automaten will charge an interest at the amount of the Belgian statutory rate on the outstanding amount. This interest is due during the period between the expiry of the payment period and full payment of the outstanding amount. CDS Automaten can moreover reclaim all (extra) judicial costs as a result of non-payment from the Purchaser. These additional costs are consequently considered as the full payment. If CDS Automaten has not received the payment after three (3) reminders the invoice will be handed over to a collection agency or law firm who also handles the procedure.

CDS Automaten is only obliged to deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. CDS Automaten always retain ownership of all products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.

5         DELIVERY and INSTALLATION

We process every order with the care it deserves and within thirty (30) calendar days upon order confirmation. CDS Automaten has the right to stipulate wider delivery terms, which shall be communicated within a reasonable timespan after the order confirmation. The delivery dates mentioned on our website have a mere indicative value. The Purchaser may terminate the agreement only if CDS Automaten fails to deliver the products within the communicated delivery deadline. In the event of such termination, CDS Automaten will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement.

CDS Automaten uses external parties and carriers (in particular: GLS Express) for the execution of the delivery. This may have an effect on the delivery. CDS Automaten takes however no responsibility for delivery arriving late or for an order which is lost by third parties or by unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, CDS Automaten will conduct an investigation at the carrier’s end. This can take several days. During this period, CDS Automaten cannot provide any reimbursement or proceed to a re-delivery of the products.

A delivery is performed as soon as the ordered products are offered one time at the indicated address. The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.

CDS Automaten bears the risk for damage and/or loss of the products until the moment of delivery. Risk associated with the goods shall pass from CDS Automaten to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

The Purchaser is solely responsible for the installation of the Products. The Purchaser acknowledges taking account of all accompanying information, installation- and safety-instructions about the product. CDS Automaten may recommend a specialised third party if the nature of the products require such. CDS Automaten is never a party to the agreement between the Purchaser and the specialised third party. CDS Automaten can never be liable for damages caused by these specialized third parties.

6         DEFECTS AND COMPLAINTS

CDS Automaten always strives to maintain a high level of customer satisfaction. We can however not completely eliminate defects and complaints. That is why we worked out a guarantee-regime that allows us to conquer your satisfaction again. Please note that for this guarantee to be effective, certain conditions must be met. Additional commercial guarantees are also possible and are expressly communicated.

The statutory warranty period, as provided in Articles 1641 to 1649 of the Belgian Civil Code, is fully applicable to this agreement. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered products, to the extent that the requirements of the legal warranty are satisfied. The Consumer enjoys furthermore a statutory warranty period of two (2) years (Article 1649bis – 1649quinquies Belgian Civil Code). There is no warranty if the Purchaser was aware of the defects at the time of the sale.

The Purchaser or the third party designated by the Purchaser is required to examine the products accurately on their conformity as soon as the products are received. If the product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards CDS Automaten in a written statement and in an explicit, unambiguous and motivated manner. This must be done within seven (7) calendar days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently. We recommend a statement that uses all reasonable technical resources, such as photos and videos.

The Purchaser must send the defective products back to CDS Automaten in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will imply a proportional reduction in the repayment. All costs for return shipment shall be borne by the Purchaser. Sending back an order is always at risk of the Purchaser. We recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within seven (7) calendar days after the communication.

The warranty is not applicable in case of:

  • Damage caused by normal wear and tear; accidental or intentional changes caused by the Purchaser to the product, including improper and incorrect use; exposure to moisture, fire, earthquake or other external causes.
  • Damage caused during the installation and/or caused by a use that is not in accordance with the instructions and information provided. These instructions and information are also provided via electronic communication channels.
  • Damage caused after the removal of affixed seals on certain parts and/or after the removal or defacing of the serial numbering and other product ranges. Affixed seals can never be removed without the express written permission of CDS Automaten.
  • Consumables such as supplied batteries, etc. 

The Purchaser shall not be entitled to send back the products in the absence of a substantiated complaint. If the conditions of warranty are met, the Purchaser is firstly entitled to a free repair or replacement of the ordered products, if the situation renders it possible. CDS Automaten is only held to a reimbursement if the reparation or replacement no longer produces the same benefit for the Purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Purchaser.

If the products have been sent back although the conditions were not met, CDS Automaten will send the products to the Purchaser back again. The cost of this shipment will be borne by the Purchaser. CDS Automaten may stock the returned products at third parties, for account and at the risk of the Purchaser, as long as the costs of return have not been paid.

7         RIGHT OF WITHDRAWAL

Every Consumer can exercise his right of withdrawal if the following conditions are met, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, after the delivery, he is not satisfied with the product, this without motive or penalty. The Consumer must use his right of withdrawal within fourteen (14) calendar days from the day following the delivery of the product.

According to Article VI.53 of the Belgian Code of Economic Law, the consumer is not entitled to exercise his right of withdrawal in the following cases:

-        Service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader (Article VI.53.1°);

-        The supply of goods which are made to the consumer’s specifications, or are clearly personalised (Article VI.53.3°);

-        The supply of goods which are liable to deteriorate or expire rapidly; (Article VI.53.4°)

-        The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53.5°);

-        Where the goods supplied have, according to their nature, been inseparably mixed with other items after delivery (Article VI.53.6°);

-        Contracts where the consumer has specifically requested a visit from the trader for the purpose of carrying out urgent repairs or maintenance. If, on the occasion of such visit, the trader provides services in addition to those specifically requested by the consumer or goods other than replacement parts necessarily used in carrying out the maintenance or in making the repairs, the right of withdrawal shall apply to those additional services or goods (Article VI.53.8°);

-        The supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery (Article VI.53.9°);

-        The supply of a newspaper, periodical or magazine with the exception of subscription contracts for the supply of such publications (Article VI.53.10°);

-        The supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal (Article VI.53.13°).

The consumer who wishes to invoke the right of withdrawal must always communicate his decision explicitly and unambiguously, in a written statement. It is up to the consumer to prove that he can rely on his right. The following information must always be clearly communicated:

-        The following three dates: the date of order, date of receipt and the date on which the right of withdrawal is used;

-        Name and address of the Consumer;

-        Signature of the Consumer.

The Consumer must remand the products to CDS Automaten as soon he has notified his decision to exercise his right of withdrawal and in any case within fourteen (14) calendar days of the communication. The return shipment can only be done by an authorized carrier. In any case, the Consumer will bear all costs and risks of remand.

If the Consumer uses his right of withdrawal in conformity to the abovementioned conditions, CDS Automaten will take care of the reimbursement of the amount actually paid for the product. We do not reimburse any additional delivery costs, such as the cost endorsed if the consumer selects a delivery method that differs from the cheapest standard delivery method.

This reimbursement will take place without undue delay and certainly no later than fourteen (14) calendar days. CDS Automaten may suspend the reimbursement until receipt of evidence by the Purchaser that the products have been returned. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless you expressly otherwise agreed. No fee will be charged for the reimbursement.

Any price reductions resulting from action, discount or voucher codes are proportionately repaid as a credit to the Purchaser, provided that the action or discount terms expressly allow this.

The Purchaser is liable for any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, char­acteristics and functioning of the products. CDS Automaten is entitled to charge the costs of the impairment in proportion to the repayment.

The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. CDS Automaten undertakes to clearly communicate its motives to the Consumer.

8         FORCE MAJEURE

Force majeure exists if CDS Automaten is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. CDS Automaten is in that case not obliged to fulfil its obligations. CDS Automaten may suspend its obligations for the duration of the force majeure.

9         INTELLECTUAL PROPERTY

CDS Automaten retains all intellectual property rights and all related rights. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. CDS Automaten attaches a great importance to its intellectual property rights and has taken all possible measures to ensure their protection. Our products and trade names are protected by numerous registrations at the responsible official bodies in the form of design trademark and patent registrations. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product. CDS Automaten will prosecute any violation of our intellectual property rights.

10      YOUR PRIVACY, OUR CONCERN

Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order. Communicating incorrect or false information is contrary to the present General Conditions of Sale. Purchaser’s personal data are exclusively processed in accordance with the applicable Privacy Policy , which can be consulted via our website.

11      APPLICABLE LAW AND COMPETENT COURT

All offers from, and agreements with, CDS Automaten are exclusively governed by Belgian law. The UN Sales Convention (of Vienna) is hereby expressly precluded.

Any dispute arising under or relating to offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district where CDS Automaten has its registered office.