Wide Awake Coffee BV - Terms and Conditions of sale (T&C)

1. An order, including any order booked by our agents or representatives, is only binding when it is explicitly accepted by us in writing. Cancellation of the order is not possible, unless after prior written agreement. 

2. Goods/services will be delivered within the period stated in the agreement. Goods remain the property of Wide Awake Coffee BV until full payment of the principal sum, costs and interest. Nevertheless, the risks of loss or destruction of the goods sold transfers to the buyer upon entering the agreement.

3. The buyer must ensure that the goods/services can be delivered and installed by Wide Awake Coffee  in a normal manner at the agreed place and time, and thus ensure amongst other things that the place of delivery is accessible. If these conditions are not met, the buyer is required to compensate Wide Awake Coffee for all damages, including waiting time, to reimburse storage costs and costs for the preservation of the case. If the buyer of the goods unfairly refuses a delivery, Wide Awake Coffee is entitled to sell the goods to a third party without prejudice to any compensation for damages.

4. The buyer shall immediately check the goods/services upon delivery. Any deficiencies  must be reported to Wide Awake Coffee by email ([email protected]) as soon as possible and no later than 5 work days after delivery. After this period, Wide Awake Coffee is only liable for hidden deficiencies that make the goods unusable for the intended purpose insofar in the meantime the goods are not processed in some way and insofar Wide Awake Coffee knew or should have known about the deficiencies. The buyer shall notify Wide Awake Coffee by email ([email protected]) at the latest within 5 work days after discovering the hidden deficiency, of the existence of the hidden deficiency with a detailed description of the deficiency. Complaints about hidden deficiencies do not suspend the payment obligation on the part of the buyer. 

5. With the exception of what is described in the previous article, Wide Awake Coffee is not obliged to pay any compensation whatsoever, which would be directly or indirectly the result of goods/services delivered or sold by us, except in case of gross negligence or intent. The liability of Wide Awake Coffee is in any case limited to the invoice value of the goods/services. Under no circumstances can Wide Awake Coffee be held liable for any indirect damage such as, but not limited to, loss of income, loss of contracts, capital costs, limitation of returns or any other loss or consequential damage, both to the buyer and to third parties.

6. Unless explicitly agreed otherwise in writing, the invoice is payable within 15 calendar days of the invoice date. In case of non-payment of all or part of the price, the outstanding amount will be increased automatically and without any notice of default, with an annual interest of 12% and a fixed compensation of 15%, with a minimum of 50 EUR. Each default of payment makes all outstanding invoices due and payable and entitles the Wide Awake Coffee, after notice of default, to cancel any future deliveries or terminate the agreement without prejudice to the right to compensation.

7. If the buyer fails to fulfill its contractual obligations, Wide Awake Coffee  is entitled, after notice of default, to suspend or terminate the agreement without judicial intervention, if no useful action is taken within eight work days of the notice of default, without prejudice to the right to compensation.. 

8. All of our agreements are governed by Belgian law. Any disputes that arise within the scope of this agreement may only be brought before the Brussels Court of Commerce (Dutch-speaking).