General Terms and Conditions

Article 1. Applicability

1.1 These general terms and conditions ("Terms") apply exclusively to all offers, orders, agreements, and deliveries by/with/from Spicekix B.V. (hereinafter referred to as "Spicekix") via its online store at www.spicekix.com, to the exclusion of any other (general) terms and conditions. These Terms can be accessed online at www.spicekix.com and will be provided upon request.
1.2 Deviations from these Terms may only be made in writing by Spicekix, in which case the remaining provisions shall remain fully in force.
1.3 By accepting an offer and/or placing an order, you acknowledge and accept the applicability of these Terms.

Article 2. Offers/Orders/Agreements

2.1 All offers from Spicekix are non-binding and subject to product availability. If a product is (temporarily) unavailable, you will be informed by email after placing your order.
2.2 The information provided by us (including images and descriptions) regarding offers and/or products is as accurate as possible but only serves as a general representation. Any deviations do not entitle you to dissolve the agreement, except as specified in Article 5.3 regarding the right of return.
2.3 An agreement is only established after Spicekix has accepted your order. Spicekix reserves the right to refuse orders or attach conditions to the agreement. Spicekix will confirm the establishment of the agreement and its details via email within 10 days, with the administration of Spicekix being decisive.

Article 3. Prices and Payments

3.1 The prices listed for the offered products and services are in euros, including VAT, but excluding handling and shipping costs, as well as any other applicable taxes or charges, unless otherwise stated or agreed in writing.
3.2 Payment can be made using the method(s) specified during the ordering process. Additional (payment or ordering) conditions may apply to your order. In the case of bank or giro payments, the payment date is the date on which Spicekix’s bank or giro account is credited.
3.3 Spicekix explicitly reserves the right to change prices, particularly when required by (legal) regulations.
3.4 If you fail to meet any payment obligation, Spicekix is entitled to suspend or terminate the respective agreement and any related agreements.

Article 4. Delivery/Retention of Ownership

4.1 The delivery times stated by Spicekix on the website and in the order confirmation are indicative. Exceeding the delivery time does not result in liability for Spicekix and only entitles you to dissolve the agreement if the delay exceeds 30 days.
4.2 Spicekix is authorized to use third parties for the delivery of your order(s). If you are not present at the time of delivery, Spicekix may hand over the order to a third party at your or a neighboring address upon signature. The risk regarding the products transfers to you or the third party upon signing.
4.3 Ownership of delivered products only transfers to you once you have fully settled all amounts owed to Spicekix under any agreement.

Article 5. Complaints, Right of Return, and Liability

5.1 Upon delivery, you must check whether the product complies with the agreement. If this is not the case, you must notify Spicekix as soon as possible, but no later than fourteen (14) working days after delivery, or as soon as reasonably possible, via a written (email) and reasoned notification.
5.2 If it is determined that the product does not comply with the agreement, Spicekix may choose to replace the returned product with a new one or refund the invoice amount.
5.3 Agreements may be dissolved without providing a reason within seven (7) days after product delivery by returning the product to Spicekix. Returns are only accepted if the product is unused, the (original) packaging is unopened (for coffee, tea, and other perishable goods), and the product is undamaged. Return shipping costs are your responsibility. If the return is received and accepted by Spicekix, you will be credited within 14 days.
5.4 Spicekix is only liable for damages related to (the delivery of) the product if and to the extent that Spicekix is insured for such damages. The only exception is in cases of gross negligence or intent on the part of Spicekix or when a factory warranty explicitly applies. Spicekix’s liability will never exceed the order amount. You explicitly indemnify Spicekix against any claims from third parties regarding (the delivery of) the product.

Article 6. Force Majeure

6.1 Without prejudice to its other rights, in case of force majeure, Spicekix has the right, at its own discretion, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying you in writing (via email) and without being liable for any compensation.
6.2 Force majeure includes any failure that cannot be attributed to Spicekix, as it is not its fault and cannot be held accountable by law, legal act, or prevailing industry standards. Force majeure also includes all issues arising from the use of the Internet, such as information corruption, delays, website/webshop inaccessibility, and other technical disruptions.

Article 7. Miscellaneous

7.1 If you provide Spicekix with an address in writing, Spicekix is entitled to send all orders to that address unless you specify a different address in writing.
7.2 If any provision of these Terms or any agreement with Spicekix is found to be invalid or voidable, the respective provision will be replaced by a legally permissible and comparable provision as determined by Spicekix, without affecting the validity of the remaining provisions.
7.3 Spicekix records your details, such as name, address, and email, in a database. Your data will be used to fulfill the agreement made with you. Your data will not be shared with third parties without your explicit consent. The Dutch Data Protection Act fully applies to this.

Article 8. Applicable Law and Jurisdiction

8.1 All rights, obligations, offers, orders, and agreements with Spicekix are exclusively governed by Dutch law.
8.2 All disputes between parties shall be exclusively submitted to the competent court in the Netherlands, to the exclusion of all other arbitration, advisory, and judicial bodies.
8.3 The Vienna Sales Convention (CISG) is expressly excluded.