Algemene Voorwaarden

Definitions
1.Brazza Beverages: Brazza Beverages, established in Zwaag, Chamber of Commerce no. 85128813.
2. Customer: the party which Brazza Beverages has entered into an agreement with.
3. Parties: Brazza Beverages and customer together.
4. Consumer: a customer who is an individual acting for private purposes.

Applicability
1, These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of
services or products by or on behalf of Brazza Beverages.
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the
customer or of third parties.

Offers and quotations
1. Offers and quotations from Brazza Beverages are without engagement, unless expressly stated otherwise.
2. An offer or quotation is valid for a maximum period of 1 month from its date, unless another acceptance period is
stated in the offer or quotation.
If the customer does not accept an offer or quotation within the applicable time frame, the offer or quotation will
lapse.
3. Offers and quotations do not apply to repeated orders, unless the parties have agreed upon this explicitly and in writing.

Acceptance
1. Upon acceptance of a quotation or offer without engagement, Brazza Beverages reserves the right to withdraw the
quotation or offer within 3 days after receipt of the acceptance, without any obligations towards the customer.
2. Verbal acceptance of the customer only commits Brazza Beverages after the customer has confirmed this in writing
(or electronically).

Prices
1. All prices used by Brazza Beverages are in euros, are exclusive of VAT and exclusive of any other costs such as
administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed
otherwise.
2. Brazza Beverages is entitled to adjust all prices for its products or services, shown in its shop, on its website or
otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Brazza Beverages could not foresee at the time of
making an offer or the conclusion of the agreement, may give rise to price increases.
The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3,
unless the increase is the result of statutory regulation.

Samples / models
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is
an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied
conform to the sample or model.

Payments and payment term
1. Brazza Beverages may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.

2. The customer must have paid the full amount within 1 month, after delivery.
Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount
at the latest on the last day of the payment term, he is legally in default, without Brazza Beverages having to send the
customer a reminder or to put him in default.
3. Brazza Beverages reserves the right to make a delivery conditional upon immediate payment or to require adequate
security for the total amount of the services or products.

Payments and payment term
Products are immediately paid for in the store.

Payments and payment term
Products are immediately paid for.

Consequences of late payment
1.If the customer does not pay within the agreed term, Brazza Beverages is entitled to charge an interest of 2% per
month for non-commercial transactions and an interest of 8% per month for commercial transactions from the day the
customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any
compensation to Brazza Beverages.
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Brazza Beverages may suspend its obligations until the customer has met his
payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of
5. Brazza Beverages on the customer are immediately due and payable.
If the customer refuses to cooperate with the performance of the agreement by Brazza Beverages, he is still obliged
to pay the agreed price to Brazza Beverages.

Right of recovery of goods
1. As soon as the customer is in default, Brazza Beverages is entitled to invoke the right of recovery with regard to the
unpaid products delivered to the customer.
2. Brazza Beverages invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return
the products concerned to Brazza Beverages, unless the parties agree to make other arrangements about this.
4.The costs for the collection or return of the products are at the expense of the customer.

Right of withdrawal
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason,
provided that:
-the product has not been used
-it is not a product that can spoil quickly, like food or flowers
-the product is not specially tailored for the consumer or adapted to its special needs
-it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
-the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
-the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
-the product is not a separate magazine or a loose newspaper
-the consumer has not renounced his right of withdrawal

2. The cooling-off period of 14 days as referred to in paragraph 1 commences:
-on the day after the consumer has received the last product or part of 1 order
-as soon as the consumer has received the first the product of a subscription
-as soon as the consumer has confirmed the purchase of digital content via the internet

3. The consumer can notify his right of withdrawal via info@brazza-beverages.com, if desired by using the withdrawal
form that can be downloaded via the website of Brazza Beverages, www.brazza-beverages.com.

4. The consumer is obliged to return the product to Brazza Beverages within 14 days after the notification of his right of withdrawal, after which period his right of withdrawal will lapse.

Reimbursement of delivery costs
1. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according
to the law, Brazza Beverages will refund these costs to the consumer within 14 days of receipt of the timely appeal to
the right of withdrawal, provided that the consumer has returned the product to Brazza Beverages in time.
2. The costs for return are only reimbursed by Brazza Beverages if the complete order is returned.

Reimbursement of return costs
 If the consumer invokes his right of withdrawal and returns the entire order on time, the costs for returning the
complete order will be borne by the consumer.

Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Right of retention

1. Brazza Beverages can appeal to his right of retention of title and in that case retain the products sold by Brazza
Beverages to the customer until the customer has paid all outstanding invoices with regard to Brazza Beverages,
unless the customer has provided sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes
payments to Brazza Beverages.
3. Brazza Beverages is never liable for any damage that the customer may suffer as a result of using his right of
retention of title.

Settlement
The customer waives his right to settle any debt to Brazza Beverages with any claim on Brazza Beverages.

Retention of title
1. Brazza Beverages remains the owner of all delivered products until the customer has fully complied with all itspayment obligations with regard to Brazza Beverages under whatever agreement with Brazza Beverages including of claims regarding the shortcomings in the performance.

2. Until then, Brazza Beverages can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise
encumber the products.
4. If Brazza Beverages invokes its retention of title, the agreement will be dissolved and Brazza Beverages has the right
to claim compensation, lost profits and interest.

Delivery
1.Delivery takes place while stocks last.
2.Delivery takes place at Brazza Beverages unless the parties have agreed upon otherwise.
3.Delivery of products ordered online takes place at the address indicated by the customer.
4.If the agreed price is not paid on time, Brazza Beverages has the right to suspend its obligations until the agreed price
is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by
Brazza Beverages.

Delivery period
1.Any delivery period specified by Brazza Beverages is indicative and does not give the customer the right to
dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in
writing.
2.The delivery period starts after the customer has signed the agreement to Brazza Beverages and is confirmed in
3. The delivery period starts after the customer has signed the agreement to Brazza Beverages and is confirmed in
writing or electronically by Brazza Beverages to the customer.
Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the
contract, unless Brazza Beverages cannot deliver within 14 days after the customer has urged him to do so in
writing or if the parties have agreed upon otherwise.

Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.

Transport costs
Transport costs are paid by the customer, unless the parties have agreed upon otherwise.

Packaging and shipping
1.If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the
forwarder or delivery person before receiving the product. In the absence of which Brazza Beverages may not be held
liable for any damage.
2.If the customer himself takes care of the transport of a product, he must report any visible damage to products or the
packaging prior to the transport to Brazza Beverages, failing which Brazza Beverages cannot be held liable for any
damage.

Insurance
Storage

1.If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the
customer.
2.Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

Guarantee
1.The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2.The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes.made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on
to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or
of a third party who receives the product for the benefit of the customer.

Indemnity
The customer indemnifies Brazza Beverages against all third-party claims that are related to the products and/or
services supplied by Brazza Beverages.

Complaints
1.The customer must examine a product or service provided by Brazza Beverages as soon as possible for possible
shortcomings.
2.If a delivered product or service does not comply with what the customer could reasonably expect from the
agreement, the customer must inform Brazza Beverages of this as soon as possible, but in any case within 1 month
after the discovery of the shortcomings.
3.Consumers must inform Brazza Beverages of this within two months after detection of the shortcomings.
4.The customer gives a detailed description as possible of the shortcomings, so that Brazza Beverages is able to
respond adequately.
5.The customer must demonstrate that the complaint relates to an agreement between the parties.
6.If a complaint relates to ongoing work, this can in any case not lead to Brazza Beverages being forced to perform
other work than has been agreed.

Giving notice

1.The customer must provide any notice of default to Brazza Beverages in writing.
2.It is the responsibility of the customer that a notice of default actually reaches Brazza Beverages (in time).

Joint and several Client liabilities
If Brazza Beverages enters into an agreement with several customers, each of them shall be jointly and severally
liable for the full amounts due to Brazza Beverages under that agreement.

Liability of Brazza Beverages
1.Brazza Beverages is only liable for any damage the customer suffers if and insofar as this damage is caused by intent
or gross negligence.
2.If Brazza Beverages is liable for any damage, it is only liable for direct damages that results from or is related to the
execution of an agreement.
3.Brazza Beverages is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage
to third parties.
4.If Brazza Beverages is liable, its liability is limited to the amount paid by a closed (professional) liability insurance
and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to
the (part of the) invoice to which the liability relates.
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only
approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of
any obligation.

Expiry period
Every right of the customer to compensation from Brazza Beverages shall, in any case, expire within 12 months after
the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89
Dutch Civil Code.

Dissolution
1.The customer has the right to dissolve the agreement if Brazza Beverages imputably fails in the fulfillment of his
obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor
significance.
2.If the fulfillment of the obligations by Brazza Beverages is not permanent or temporarily impossible, dissolution can
only take place after Brazza Beverages is in default.
3.Brazza Beverages has the right to dissolve the agreement with the customer, if the customer does not fully or timely
fulfill his obligations under the agreement, or if circumstances give Brazza Beverages good grounds to fear that the
customer will not be able to fulfill his obligations properly.

Force majeure
1.In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Brazza Beverages in the fulfillment
of any obligation to the customer cannot be attributed to Brazza Beverages in any situation independent of the will of
Brazza Beverages, when the fulfillment of its obligations towards the customer is prevented in whole or in part or
when the fulfillment of its obligations cannot reasonably be required from Brazza Beverages .
2.The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such
as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other
third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes,
government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3.If a situation of force majeure arises as a result of which Brazza Beverages cannot fulfill one or more obligations
towards the customer, these obligations will be suspended until Brazza Beverages can comply with it.
4.From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the
agreement in writing in whole or in part.
5.Brazza Beverages does not owe any (damage) compensation in a situation of force majeure, even if it has obtained
any advantages as a result of the force majeure situation.

Changes in the general terms and conditions
1.Brazza Beverages is entitled to amend or supplement these general terms and conditions.
2.Changes of minor importance can be made at any time.
3.Major changes in content will be discussed by Brazza Beverages with the customer in advance as much as possible.
4.Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and
conditions.

Transfer of rights
1.The customer cannot transfer its rights deferring from an agreement with Brazza Beverages to third parties without
the prior written consent of Brazza Beverages.
2.This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.

Consequences of nullity or annullability
1.If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other
provisions of these terms and conditions.
2.A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Brazza
Beverages had in mind when drafting the conditions on that issue.

Applicable law and competent court
1.Dutch law is exclusively applicable to all agreements between the parties.
2.The Dutch court in the district where Brazza Beverages is established is exclusively competent in case of any
disputes between parties, unless the law prescribes otherwise.