Terms and conditions
1 Definitions
1.1 Definitions: In these general terms and conditions (“Terms”), the following definitions shall apply:
1.1.1 Agreement: any and every agreement entered into in a signed writing between Strietman and a Client including these Terms, and any amendment thereto.
1.1.2 Client, You or Your: all natural or legal persons with whom Strietman enters into an Agreement or with whom Strietman is negotiating about the conclusion of an Agreement;
1.1.3 Consumer: the Client being a natural person who acts for purposes outside a business to whom Strietman sells and/or delivers Products and to whom Strietman provides Services;
1.1.4 Order: any order issued by a Client to Strietman in any form whatsoever;
1.1.5 Privacy Policy: the statement to be consulted by the Client on the website of Strietman regarding the processing of personal data, which may be amended from time to time and which is incorporated herein by reference and is located here;
1.1.6 Products: any and all goods which are the subject of an Agreement;
1.1.7 Services: all services provided by Strietman to the Client, which are directly linked to the Purchase of a Strietman Product by a Client;
1.1.8 Strietman or We or Us: The private company with limited liability under Dutch law Strietman Espresso Machines, having its registered offices in Eindhoven, the Netherlands;
1.1.9 Strietman Studio: a physical sales or repair or both location of Strietman, current address is Daalakkersweg 4-06, 5641 JA Eindhoven.
2 Applicability
2.1 The present Terms shall comprise a part of all Agreements and shall be applicable to all Product sales and related Services, actions and legal transactions between Strietman as a seller and a Client.
2.2 Applicability of any general terms and conditions applied by Client is explicitly dismissed by Strietman.
2.3 The contact information relevant to the Client that relate to the identity of Strietman. For for Sales and Services purchased on our Website or in our Dutch Strietman Studio:
Strietman Espresso Machines
Daalakkersweg 4-06
5641 JA Eindhoven, The Netherlands;
Contact: customercare@strietman.net;
Dutch Chamber of Commerce: 52490580
3 Quotations, Agreements, Product descriptions, services and definitions
3.1 A quotation or (price) offer shall not be binding on Strietman and shall qualify only as an invitation to the Client to place an Order.
3.2 An Agreement shall only come into effect to the extent Strietman accepts an Order from the Client in writing or if Strietman executes an Order or other writing. If at the request of Client Strietman carries out any work for Client before an Agreement is effective, the Client shall remunerate Strietman therefore in accordance with Strietman’s customary rates payable upon receipt of an invoice.
3.3 After acceptance of an Order, Strietman shall at all times be entitled to cancel such Order prior to delivery without liability and without stating its reasons after acceptance of such Order, in which case Strietman shall not be obliged to refund or pay any more than advance payments already made by Client, if any.
3.4 Strietman shall observe due care in informing the Client of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. If the Client should be able to demonstrate that the Products supplied by Strietman materially deviate from the information provided by Strietman or from the samples, the Client shall have the right to terminate the Agreement, within a reasonable time after delivery of the Product, to the extent however that such a dissolution should be necessary in reason and without Strietman being liable for damages of any kind.
4 Prices
4.1 All Strietman’s prices are in EUR unless expressly stated otherwise. Insofar as prices are stated in other currency than EUR, then such statement of price is deemed to be based on the EUR equivalent of such price at the date that the price statement was made. Prices are exclusive of value added tax or any other sales tax. Costs of packing and dispatch, import and export duties and taxes and any other surcharges, levies or taxes imposed or charged in respect of the Products and the transportation thereof shall be for the Client’s account.
4.2 Prior to delivery, any change of factors having an impact on the prices of Strietman, including but not limited to rates of third parties, currency exchange rates, insurance rates, import and export duties and any other charges payable upon importation or exportation, freight charges and other charges, levies or taxes, may be charged on to Client by Strietman.
5 Payment
5.1 The delivery period indicated by Strietman shall be based on the circumstances applicable to Strietman at the time the Agreement is entered into and, to the extent dependent on performance by third parties, on the information that those third parties provided to Strietman. All delivery dates are estimates only.
5.2 Except as otherwise provided herein, the delivery period shall commence on the date of Strietman’s written Order confirmation. Provided, however, if, in order to execute the Order, Strietman requires additional information from the Client, the delivery period shall commence on the date on which Strietman disposes of all the necessary information or resources, but not earlier than the date of the written Order confirmation.
5.3 The Client shall not be entitled to claim any compensation in the event of an overdue delivery period. Neither shall the Client be entitled to dissolve the Agreement in such an event, unless the Client is considered to be a Consumer. See article 6 for additional details. Consumers have the right to dissolve the Agreement after they have requested to deliver within a reasonable timeframe or such timeframe as provided by law and Strietman was not able to deliver within that reasonable period or timeframe as provided by law.
5.4 Strietman shall at all times be entitled to deliver in part-consignments.
6 Right of withdrawal
6.1 If You meet the definition of a “Consumer”, You have the right to withdraw from your purchase and revoke your order without giving any reason. Please note that accessories and service kits are not eligible for a return.
6.2 The withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You or a third party other than the carrier indicated by You acquires physical possession of the Products. When Products are delivered in multiple lots or pieces, the withdrawal period shall expire after 14 (fourteen) calendar days from the day on which You acquire the physical possession of the last lot or piece.
6.3 Please note that You cannot exercise a right to withdraw in case of Products made to the Consumer's specifications or clearly personalized.
6.4 You shall send back the Products in the original box or the box provided by Strietman according to article 10.3 of these Terms or hand them over in person to Strietman, without undue delay and in any event not later than 14 (fourteen) calendar days from the day on which You communicate your withdrawal from this contract to Us. The deadline is met if You send back the Products before the period of 14 (fourteen) calendar days has expired.
6.5 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the Products. To the extent that these actions are not necessary to establish the nature, characteristics and functioning of the espresso machine, or other products. You are liable towards Strietman for any diminished value caused by these actions.
6.6 In case You withdraw, Strietman can refuse repayment as long as Strietman has not timely received the returned goods or until You have proved You have timely returned the Products, depending on which event occurs first.
6.7 Strietman shall reimburse You the purchase amount of the Products minus bank fees and a 15% restocking fee, no later than 14 (fourteen) calendar days starting from the day We received your returned Products. Shipping costs charged with regard to the delivery of the Products are the responsibility of the Consumer.
6.8 Strietman shall use the same means of payment as You used for the initial transaction.
6.9 You shall handle the Order as well as the packaging with the utmost care during the first 14 (fourteen) calendar days after delivery. As a Consumer You will be liable for any diminished value of the goods resulting from the handling of the Products other than what is necessary to establish their nature, characteristics and functioning. In order to establish the nature, characteristics and functioning of the Products, You should only handle and inspect the Product in the same manner as You would be allowed to do in a shop.
6.10 In order to exercise your right to withdraw, You can contact Strietman at customercare@strietman.net and make an unequivocal statement. We will send You an acknowledgement of your withdrawal. We reserve the right to determine whether or not support is possible.
7 Delivery and risk
7.1 If and to the extent that parties have not explicitly agreed in writing on the (costs of) delivery of the Products and the transfer of risk, the delivery shall be made at Strietman’s premises, and the risk of the Products and the packing thereof shall be transferred to the Client at the moment the Products are ready for dispatch, while the dispatch shall be effected for the Client’s account and risk. In the event the Client is considered to be a Consumer, the foregoing in article 6.1 shall not apply and the moment of delivery and transfer of risk is the moment that the Consumer has taken receipt of the Products.
7.2 If the Client should fail to collect the Products it has ordered or should fail to do so promptly, it shall be in default without requiring a written notice of default. In such event Strietman shall be entitled to store the Products for the Client’s account and risk and to sell these to a third party. The Client shall remain liable for the purchase price plus the interest and costs (by way of compensation) after the deduction of the net proceeds of such sale to a third party, if any.
8 Retention of title
8.1 Irrespective of the actual delivery date, the title to the Products shall not be transferred to the Client until it has paid Strietman the sum outstanding in respect of the Products in full, including the purchase price, any surcharges, interest, taxes and costs payable pursuant to the Terms or an Agreement and any services rendered or to be rendered in respect of the Products.
8.2 The Client shall not be authorized to rent, let or make the Products available in use to third parties, to pledge them or to otherwise encumber them in favour of third parties until Strietman has transferred the title of those Products to the Client.
8.3 If and as long as the title to the Products has not yet been transferred to the Client, the Client shall inform Strietman forthwith in writing in the event that the Products are seized, attached, garnished or if any other claim should be made with regard to the Products.
8.4 In the event of attachment, seizure, garnishment, bankruptcy, involuntary liquidation or a (provisional) moratorium of payments, the Client shall immediately inform the administrator or liquidator, the bailiff or the process- server serving the seizure, garnishment or attachment, of Strietman’s rights of title.
9 Inspection and complaints
9.1 The Client shall be obliged to carefully inspect the Products immediately upon arrival at their destination or to have these examined upon receipt by the Client itself or any third party acting at its instructions, whichever is earlier. Strietman must be informed in writing to customercare@strietman.net of any complaints in respect of defects to the Products or any discrepancies in quantity, weight or quality between the Products supplied and the specification thereof in the relevant order confirmation or invoice no later than within five (5) calendar days after the receipt of the Products. The notification of the Client must give a clear and precise description of the complaints in respect of defects invoked by the Client. The Client must notify Strietman of defects that could not in reason have been discovered within the above mentioned period in writing immediately after discovery, but in any case no later than within 14 (fourteen) calendar days of the receipt of the Products. Should the Client fail to inform Strietman within the above mentioned term, its rights to exercise any of its rights with regard to such irregularity or defect have lapsed.
9.2 The Client shall be obliged to immediately cease the use of the Products concerned after discovering any irregularity or defect, under penalty of lapse of the right to exercise any of its rights with regard to such irregularity or defect. The Client shall provide any cooperation Strietman may require in order to investigate the complaint.
9.3 The Client shall not be entitled to return Products to Strietman before Strietman has agreed in writing to such return. The return shipping is free and there are no costs associated with it for the Client. The Products shall remain at risk of the Client until receipt by Strietman of such Products.
9.4 Other obligations and responsibility of the Client:
9.4.1 The Client shall at all times make any and all information necessary for the execution of Strietman’s activities available timely and shall warrant the accuracy and comprehensiveness thereof.
9.4.2 The Client shall not be entitled to remove or make invisible any trademarks or identifying marks on the Products, any documents accompanying and/or regarding the Products.
9.4.3 The Client shall not copy, modify, reverse engineer, decompile, disassemble or otherwise tamper with the Product, its components and/or the Services.
10 Warranty
10.1 Strietman guarantees each new CT2 espresso machine against defects in workmanship and materials for two (2) years from the date of delivery. All original components are guaranteed for a period of two (2) years from the date of delivery. Unless otherwise specified in writing, this warranty covers materials only (e.g. equipment, parts) and excludes labor, shipping, and any other costs.
10.2 This warranty referred to in article 12.1 is expressly limited to the replacement of a defective frame, or defective parts and is the sole remedy of the warranty. This warranty is limited to the original purchaser of the equipment. Strietman does not, directly or indirectly, offer any warranty to any other person, unless otherwise agreed in writing.
10.3 Claims under the warranty must be made to customercare@strietman.net, whereby proof of the purchase is required. The replacement of boxes is not covered by the warranty. In the event You need a replacement of the box, We’ll send You one for an additional fee.
10.4 This warranty does not cover normal wear and tear, improper assembly or follow-up maintenance, consumable parts such as seals, or unauthorised installation of parts or accessories. The warranty does not apply to damage or failure due to accident, misuse, abuse, or neglect. Any unauthorised modification of the product or components shall void this warranty. The warranty shall not apply in case of a copy, modification, reverse engineering, decompiling, disassembly of or otherwise tampering with the Product, its components and/or the Services. Strietman is not responsible for incidental or consequential damages. This warranty does not affect the statutory rights of the Consumer.
11 Force majeure
11.1 If Strietman is unable to fulfil any of its obligations towards Client due to force majeure, these obligations shall be suspended during the force majeure situation.
11.2 Provided however, if a force majeure situation has lasted for one (1) calendar month, both parties have the right to dissolve the Agreement in writing entirely or in part. In the event of force majeure of Strietman, Client is not entitled to any compensation or damages, not even if Strietman would enjoy any benefit as a result of such force majeure.
11.3 Force majeure on the part of Strietman is to be understood as a case of overmacht as mentioned in article 6:75 Dutch Civil Code, and furthermore any circumstance beyond the control of Strietman hindering the fulfilment of its obligations towards Client entirely or in part or because of which Strietman cannot be expected in all fairness to fulfil its obligations, regardless whether such circumstance could have been foreseen at the time when the Agreement was concluded. Such circumstances include but are not limited to fires, acts of terrorism, strikes and lockouts, the outbreak and/or spread of viruses and/or diseases, stagnation or other production problems suffered by Strietman or its suppliers, or problems in the transportation provided by Strietman or any third parties, any government measures, as well as the inability to obtain any permit or licence from any governmental body.
11.4 Parties shall notify each other as soon as possible of any (possible) force majeure situation.
12 Strietman’s Products
12.1 Strietman warrants only those features, qualities of its Products that are explicitly agreed in writing. All other specific or implied warranties are – to extent allowed under applicable mandatory law – hereby expressly excluded.
12.2 If Strietman should deliver Products to the Client which Strietman has obtained from its own suppliers, Strietman shall at no time be obliged to honour a warranty or liability in respect of the Client which is more far-reaching than that which Strietman can claim from its own supplier.
12.3 With respect to warranty claims under article 12, if, in Strietman’s opinion, the Client has been able to prove that any Products supplied by Strietman to the Client do not function properly, Strietman may choose, at its sole discretion, between:
12.3.1 re-supplying the Products upon the return of the Products;
12.3.2 modifying the Products properly;
12.3.3 granting the Client a discount on the purchase price to be agreed by mutual consent.
12.3.4 Strietman shall be fully discharged of its warranty obligations by complying with one of the options described above, and it shall not be held to pay any further compensation or damages.
12.4 The Products shall remain completely for the Client’s risk even if Strietman should carry out any repairs to the Products.
13 Liability
13.1 Any liability of Strietman shall at all times be limited to the sum insured that shall be paid in such case under the liability insurance policies taken out by Strietman. These insurance policies have limited cover, inter alia with respect to the amount of the damages and the number of insured events per year. Upon request thereto, access may be obtained to the insurance cover note. Should no payment be made by virtue of aforementioned insurance policies, regardless of the grounds, the liability of Strietman shall be limited to the fee that was invoiced by Strietman and paid by Client in connection with the delivery at hand during a 12 (twelve) month period directly preceding the date on which the event leading to liability occurred, up to a maximum liability of € 10,000 (ten thousand Euro).
13.2 In the event that Strietman involves third parties, Strietman shall not accept any liability whatsoever for failure to perform on the part of such third party except to the extent for failure to perform on the part of Strietman itself — to which article 13.1 applies. If the Client brings legal action directly against a third party, the Client shall indemnify Strietman against any claims by such third party in connection with such claim as well as against all expenses to be incurred by Strietman.
13.3 All rights of legal action and other powers of the Client towards Strietman in connection with the Products delivered by Strietman shall lapse upon expiry of a one (1) year term after the date on which the Client has become aware of - or could in all fairness have been aware of - the existence of such rights and powers.
14 Termination
14.1 If Client fails to fulfil any of its obligations arising from the Agreement properly or in time, Client shall be in default and Strietman shall be entitled without any default notice:
14.1.1 to suspend the fulfilment of the Agreement until payment has been adequately guaranteed; and/or
14.1.2 to dissolve the Agreement with Client entirely or in part;
14.1.3 all this without prejudice to Strietman's other rights under any Agreement whatsoever and without Strietman being held to any damages.
14.2 If Strietman exercises its right of termination as mentioned in article 14.1, Strietman is authorized to set off any amount which may possibly be refunded to Client with a remuneration for activities already carried out as well as with a compensation for loss of profit.
14.3 In the event of bankruptcy, (provisional) suspension of payment, liquidation or attachment of one or more assets of Client or if Client is aware that any of these situations may occur, Client must notify Strietman thereof as soon as possible.
14.4 In case of a situation as referred to in article 14.3, all Agreements with Client shall be terminated immediately by notice from Strietman or Strietman may notify Client that it wishes (part of) the Agreement concerned to be fulfilled, in which case Strietman is entitled without any default notice:
14.4.1 to suspend fulfilment of the Agreement(s) concerned until payment has been adequately guaranteed; and/or
14.4.2 to suspend all its payment obligations, if any, towards Client;
14.4.3 all this without prejudice to Strietman’s other rights under any Agreement whatsoever and without Strietman being held to any damages.
14.5 In the event of a situation as referred to in article 16.3, all Strietman’s claims against Client shall be immediately payable in full.
15 Transfer of rights and obligations
15.1 Strietman is allowed to transfer to third parties the rights and obligations described in any Agreement with Client. If obligations of Strietman are transferred, Strietman must inform Client aforehand and Client shall be entitled to terminate the Agreement by the date on which the transfer shall take place. In such case, Strietman shall not be liable for any damages. Except as provided in the Agreement and these Terms, the Client cannot transfer to third parties any rights or obligations from any Agreement unless after consent thereto by Strietman. Any attempted assignment in violation of this Section shall be null and void. The Agreement shall be binding on any permitted successor or permitted assignee.
16 Privacy
16.1 We care about Your privacy. In the performance of this agreement we process and safeguard your personal data according to our Privacy Policy.
17 Conversion
17.1 If and insofar as any provision of these Terms cannot be invoked due to any imperative rule of law, the unfair character of these Terms or grounds of reasonableness and fairness, the provision concerned, as far as contents and essence are concerned, shall in all events have a corresponding meaning to such an extent that the provision concerned may indeed be rightfully invoked.
18 Applicable law, competent court
18.1 The law of the Netherlands shall be applicable to the present Terms and to all other Agreements. The applicability of the Uniform Law on the International Sale of Movable Property, the Uniform Law on the Formation of International Contracts for the Sale of Goods as well as the Vienna Convention on the Sale of goods is excluded.
18.2 Any disputes arising from the Agreement or these Terms shall be brought exclusively before the competent court in Amsterdam.
19 Severability
19.1 If any term or provision of the Agreement, including in these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
20 Amendment of Terms
20.1 Unless otherwise provided herein, these Terms may be amended on the part of Strietman by notification to Client. Except as otherwise provided herein or therein, the amended Terms shall apply to all new Agreements as of the day of notification as well as to all current Agreements if and insofar as these are to be carried out after the day of notification. With respect to any websites referred to in these Terms we may revise and update such sites from time to time in our sole discretion. Unless otherwise provided in such websites, all changes are effective immediately when we post them, and apply to all access to and use of the applicable website thereafter. Unless otherwise provided in the website, Your continued use of the website following the posting of revised terms means that you accept and agree to the changes. You are expected to check applicable websites from time to time so You are aware of any changes, as they are binding on You.
Disclaimer
We take great care to provide visitors to our site with up to date, correct and comprehensive information. However, inaccuracies can still occur. Strietman is not liable for any damage resulting from visiting this site or for damages resulting from alteration, inaccuracy or omission in the information provided, including technical failures.
Neither does Strietman give any guarantees regarding the content of third party websites that are accessible through hyperlinks or other links on our website and accepts no liability with regards to these websites.
The copyright on the content, the images, the design and the programming of this website belongs to Strietman.
Strietman refers to Espresso Strietman.