Terms & Conditions
Wide Awake Coffee BVBA
Vlaamsesteenweg / Rue de Flandre 185
1000 Brussels (Belgium)
VAT BE 0720.625.173
Article 1: General provisions
The website of Wide Awake Coffee BVBA, a legal entity under Belgian law with its registered office at Vlaamsesteenweg / Rue de Flandre 185, 1000 Brussels (Belgium), VAT BE 0720.625.173, RPR 0720.625.173 (hereinafter “Wide Awake Coffee”) provides its customers with the option of buying products from its webshop.
These General Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor (“Customer”) via this webshop. When placing an order via the webshop of Wide Awake Coffee, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Wide Awake Coffee.
Article 2: Price
All prices listed for the products are expressed in EURO, always include VAT and all other required duties or taxes that the Customer must bear.
Any shipping, reservation or administration fees that are charged are specified separately.
The specified price refers solely to the products as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.
Article 3: Availability
Despite the fact that the online catalogue and website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Wide Awake Coffee. With respect to the accuracy and completeness of the provided information, Wide Awake Coffee is solely bound to obligation of means. Wide Awake Coffee is in no way liable in event of obvious material or printing errors.
If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, the Customer may contact Wide Awake Coffee in advance.
The product selection is valid while stocks last and may at any time be changed or withdrawn by Wide Awake Coffee. Wide Awake Coffee cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.
Article 4: Online purchases
The online ordering process consists of the following steps:
- the Customer selects and adds the desired products to a shopping basket
- the Customer completes the order form (contact details and delivery address)
- the Customer selects a payment method
- the Customer explicitly accepts the Terms
- the Customer confirms the order
- the Customer completes the payment
- the Customer receives an order confirmation by email
The Customer may choose between the following payment methods:
- by online banking
- by credit card
Wide Awake Coffee is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.
Article 5: Delivery and execution of the agreement
Orders shall be delivered to the address indicated in the order form within 5 to 7 workings days of receipt of the order by Wide Awake Coffee.
Wide Awake Coffee currently only delivers orders in Belgium.
The delivery of orders is performed by carrier Dynamic Parcel Distribution (DPD) Belgium.
A standard shipping fee of 5 EURO is added to each order, except for orders that exceed the amount of 100 EURO.
Any visible damage to and/or qualitative deficiencies of an article or other deficiency in the delivery must be reported immediately by the Customer to Wide Awake Coffee.
The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier).
Article 6: Retention of title
Delivered products remain the exclusive property of Wide Awake Coffee until the moment the Customer pays for the goods in full.
If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Wide Awake Coffee, e.g. to anyone who would attempt to seize products that are not fully paid for.
Article 7: Right of withdrawal
The provisions of this article apply solely to Customers in their capacity as consumers purchasing products online from Wide Awake Coffee.
The provisions of this article apply solely to online purchases of coffee accessories (such as coffee machines, utensils and filters) and merchandising (such as t-shirts and cups) but not to online purchases of coffee as such because of the limited shelf life of coffee.
The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.
The right of withdrawal period will expire 14 calendar days after the date when the products were physically received by the Customer or a third party indicated by the Customer that is not the carrier.
To exercise the right of withdrawal, the Customer must notify Wide Awake Coffee via email to firstname.lastname@example.org or letter to Vlaamsesteenweg / Rue de Flandre 185, 1000 Brussels. in an unambiguous statement. To comply with the withdrawal period, the Customer must send a notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In any event, the Customer has no later than 14 calendar days from the day that they notify Wide Awake Coffee of their decision to withdraw from the agreement to send back the products to Wide Awake Coffee at Vlaamsesteenweg / Rue de Flandre 185, 1000 Brussels. The Customer may also hand over the products in the physical store located at the same address during opening hours. The
Customer is on time if they have sent back or handed over the products before the period of 14 calendar days has expired.
The direct costs for returning the products shall be borne by the Customer.
If the returned product is reduced in value in any way, Wide Awake Coffee is entitled to hold the Customer liable and demand compensation for each depreciation in value of the products that are due to the Customer’s use of the products that goes beyond what is necessary in order to determine the nature, characteristics and operation of the products.
Only products that are returned in the original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.
If the Customer withdraws from the agreement, Wide Awake Coffee shall repay all payments received from the Customer up until that time as soon as all the products have been sent back or
handed over, or until the Customer has demonstrated that he has sent back the goods, whichever is earliest.
Wide Awake Coffee shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the Customer explicitly agreed otherwise. In any case, the Customer will not be charged any costs in connection with such repayment.
Article 8: Guarantee
The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.
To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the products.
For products purchased via the webshop, the Customer must contact Wide Awake Coffee via email to email@example.com or letter to Vlaamsesteenweg / Rue de Flandre 185, 1000 Brussels and return the product at their own expense to Wide Awake Coffee at Vlaamsesteenweg / Rue de Flandre 185, 1000 Brussels.
Upon detection of a deficiency, the Customer must inform Wide Awake Coffee as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.
The guarantee is never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the product, rough usage, poor maintenance, or any other abnormal or incorrect use.
Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.
Article 9: Customer service
Wide Awake Coffee can be reached via email to firstname.lastname@example.org or letter to Vlaamsesteenweg / Rue de Flandre 185, 1000 Brussels. Any complaints can be made through the aforementioned contact methods.
Article 10: Penalties for non-payment
Without prejudice to the exercise of any other rights that Wide Awake Coffee is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting on the date of the breach of contract and without notice. Furthermore, the Customer shall owe a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.
Without prejudice to the foregoing, Wide Awake Coffee is entitled to take back the unpaid or incompletely paid for products.
Article 13: Invalidation – non-relinquishment
If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Wide Awake Coffee to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.
Article 14: Amendments to the Terms
These Terms may be supplemented by other terms and conditions when explicitly referred to, and the general sales terms and conditions of Wide Awake Coffee. In case of inconsistencies, the present Terms take precedence.
Article 15: Proof
The Customer accepts that electronic communications and backups shall serve as furnishing of proof.
Article 16: Applicable law – jurisdiction
Belgian law is applicable. Unless the Customer is a consumer, only the courts of the Brussels district have jurisdiction in the case of any disputes.