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General terms

General Terms and Conditions Cupkes, registered in the Netherlands

1. General
1.1. These Terms and Conditions shall be construed in accordance with the laws of the Netherlands and all contracts governed by them will be deemed to have been made in the Netherlands.
1.2. These Terms and Conditions are applicable to all the websites operated by the firm, registered at the Chamber of Commerce in Eindhoven number 17169509, hereafter known as Cupkes.
1.3 These Terms and Conditions apply to all offers and agreements between Cupkes and the purchaser for which Cupkes has decided its applicability. These conditions are accessible to anyone and available on the website of www.cupkes.com . At your request we will send you a paper copy.
1.4 By placing an order the purchaser agrees with the general terms and conditions. Cupkes reserves the right to make changes to these terms and conditions.
1.5 Unless Cupkes has agreed formally, terms and conditions made by third parties do not apply.
1.6 Cupkes guarantees that the delivered products are in conformity with the specifications as set out in the offer.
1.7 Rights and obligations as a result of agreements made with Cupkes cannot be transferred to third parties without the formal consent of Cupkes.

2. Delivery
2.1 Deliveries to natural persons will be sent within 1-4 days after payment, unless agreed otherwise. The aim is 1 day rather than 4. All products ordered will be packed with care. Cupkes is not liable for any damages or loss of the shipment/delivery.
2.2 If there is any impediment for delivery because the product is no longer in stock, no longer available or for any other reason delayed, or the order cannot be delivered or only partially, the purchaser will receive confirmation of this in writing or by e-mail. Together with the purchaser we will look for a suitable alternative.
2.3 Cupkes will have discharged itself of its delivery obligation once the products purchased have been offered to the purchaser on the address chosen by the purchaser. If delivered at a home address the report of the carrier company, stating a refusal to accept the products, will be sufficient and full proof of the delivery offer.
2.4 Cupkes is allowed at all times to deliver the purchased products partially. This does not apply to partial deliveries which have no independent value. Cupkes is allowed to bill all partial deliveries separately.

3. Prices
3.1 For the duration of the offer prices will not be raised, unless legal measures make this inevitable or unless the manufacturer of the goods has meanwhile increased prices.
3.2 All prices on the site, lists of prices provided and brochures are valid, with the reservation of misprints and typing errors. Cupkes accepts no liability for misprints and typing errors.
3.3 All prices on the site are in Euros, include VAT and exclude the costs of delivery.
3.4 If Cupkes has made an agreement for a fixed price with the purchaser, Cupkes is nevertheless entitled to increase the price if Cupkes can demonstrate that between the offer and the delivery a significant change in price has occurred in raw materials, exchange rate and or salaries or other unforeseen circumstances.

4. Delivery costs
4.1 The delivery costs within the Netherlands include VAT and amount to 3,95 euro for all mailbox deliveries weighing a maximum of 350 gram. All other packages within the Netherlands will cost 4,95 euro per package (not for business clients).
4.2 The delivery costs for Belgium and Germany include VAT and amount to 5,25 euro for all mailbox deliveries weighing a maximum 250 gram. All other packages will cost 7.95 euro per package (not for business clients). This is uninsured mail. If the costs for delivery amount higher because the envelope is heavier than 250 gram, Cupkes will contact you by e-mail.
4.3 CUPKES delivers only in the Netherlands, Belgium and Germany.
4.4 For business contacts which have a business account at Cupkes, the delivery costs will be calculated separately for each order. For very large orders please contact Cupkes in advance.

5. Payment
5.1 Payments for website orders can be made through iDeal, mr. Cash, Bancontact and PayPal. Cupkes will deliver the purchased products after the payment is received. The time for delivery shall commence after the payment is received. If Cupkes has not received payment within 7 days of the order, the order will be cancelled. Payments shall be processed by the firm of Sisow BV.
5.2 Payment of business orders can be made an invoice from Cupkes is sent, which needs to be met/paid in advance.

6. Cancellation and refunds.
6.1 An order can be cancelled by sending an e-mail to info@cupkes.nl within 7 days after placing the order. Should you not be pleased with the products received you can however return them without reason within 15 days at your own expense. The amount paid, excluding the costs of delivery, will be refunded to you. Send us an e-mail at the latest on the 15th day to info@cupkes.nl stating that you wish your return the product. You can then return the product within one week.
6.2 Conditions for returning the products are:
- Good and undamaged packaging
- Sufficiently stamped
- A copy of the original invoice included
- Goods not washed, damaged or used.
Opened packages with tea and/or coffee cannot be returned for hygienic reasons.

7. Data protection
7.1 Personal data will be handled confidentially and only used for handling the order.
7.2 You can subscribe to our newsletter separately via our website.

8 Safety
8.1 The use of products sold by Cupkes is entirely at your own risk. Cupkes is not liable for any accidents, damage or dysfunctioning. For safety reasons we advise all products to be used under supervision of an adult and to be checked regularly. These conditions apply to all products sold by Cupkes.

9. Intellectual property
9.1 Cupkes reserves all rights, among others the right to intellectual property, relating to products or on or via this internet site offered information.
9.2 All design, text, graphics, their selection and arrangement and all software compilations underlying source code, software, and all other material on www.cupkes.nl and www.cupkes.com are subject to copyright. Copyright originates automatically by the creative act and is enforceable for 70 years after the creator has deceased. No formal requirements, such as registration, filing, application or even placing a copyright sign, are necessary for the protection of an intellectual property. Recognition of the creative hand of the creator alone is sufficient. It is not allowed to copy or duplicate any of the information, texts, articles, images and suchlike, in any way. Any infringement (intentional or not) or the threat thereof is a criminal offence and punishable by law.
9.3 Cupkes designs some of its products itself. These products fall under the stipulations made previously in 9.1 and 9.2. Nothing on this website may be copied without mentioning its source and without the prior permission of Cupkes in writing.
9.4 Cupkes reserves the right to change prices, images and product details at any time. No rights can be claimed from previous purchases.
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