Definitions (1)
1.1 diyPresso: diyPresso B.V., located in Delft and registered at the Chamber of Commerce under number 93337299.
1.2 Client: any person or company purchasing one or more Products, accepting the General Conditions.
1.3 diyPresso’s website: The website of diyPresso, accessible via www.diypresso.com.
1.4 Agreement: any contract whereby sole use is made of one or more techniques for communication within the framework of a system organized by diyPresso for the sale of products, up to and including the moment that the contract is concluded between diyPresso and the client.
1.5 Withdrawal period: The period of time in which the client has the opportunity to cancel the agreement through his right of withdrawal.
1.6 Right of withdrawal: The possibility for the client to return the ordered products to diyPresso within the withdrawal period in exchange for the purchase amount.
1.7 General Conditions mean these general conditions and any possible new future version which may be published on www.diypresso.com by diyPresso.
1.8 Parties means diyPresso and the Client, when jointly referred.
Prices, payment and establishment of an agreement (2)
2.1 Products offered on diyPresso’s website contain a description, delivery charges and prices including BTW (VAT).
2.2 All delivery times stated by diyPresso are of an indicative nature and do not give the client any right to dissolution, compensation and/or suspension.
2.3 An agreement is established after a client accepts an offer from diyPresso and diyPresso accepts the client as a customer.
2.4 Payments can be made in the following way:
● During the establishment of an agreement via electronic payment or;
● By paying through iDeal or credit card.
Delivery (3)
3.1 Ordered products are send by a forwarder chosen by diyPresso.
3.2 In principle the products ordered by clients with a delivery address within the EU will be delivered within seven (7) to twenty eight (28) days after an agreement is established between diyPresso and the client.
3.3 If diyPresso cannot meet the delivery as described in Article 3.2 a new delivery period will be mentioned by diyPresso. When diyPresso is not able to deliver the products ordered by the client within sixty (60) days, the client can cancel the agreement.
Returning Products (4)
4.1 The client is entitled, using his right of withdrawal, to return the ordered products within seven (7) days after delivery by diyPresso.
4.2 The sums paid for the products by a client prior to the withdrawal will be reimbursed/refunded within fourteen (14) days by diyPresso after receiving the returned products.
4.3 The risks of return and the cost of mailing will be at the expense of the client when they exercise their right of withdrawal.
4.4 diyPresso reserves the right to only partially refund the payment when it is noted that the products and/or packaging has been opened, used or damaged by the client.
Warranty (5)
5.1 The client is obliged to inspect the products promptly and carefully upon delivery. Any claims on defects or malfunctions must be reported immediately to diyPresso, but in any event within fourteen (14) days after delivery.
5.2 If diyPresso finds the claim well founded, diyPresso will offer the client repair, a replacement product or refund of the invoice value of the product.
5.3 The warranty period on all products is three months. The client has no right to warranty as described in this article if diyPresso determines that the fault in a product is caused by the client. The products delivered by diyPresso are manufactured by different parties of which the durability depends on different factors. Wear from normal use or improper handling are not covered by the warranty.
Force majeure (6)
6.1 Parties shall not be held liable for any of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.
6.2 Throughout the duration of the circumstances of force majeure, diyPresso shall be entitled to suspend the fulfilment of its obligations. If this period lasts for more than thirty (30) days, either of the parties shall be entitled to cancel the agreement without any obligation to pay the opposite party damages.
Liability (7)
7.1 If diyPresso is held liable, any liability shall be limited to the invoice value of the order, or at least to that part of the order in which the liability relates
7.2 diyPresso is only liable for direct damages. As a result of direct damages the client must accept and agree to:
● The reasonable costs incurred to establish the cause and extent of the damage
● Any reasonable expenses made to make substandard products comply with the desirable properties as meant in the agreement, but only to the extent as these expenses can be attributed to diyPresso.
● Any reasonable costs made to prevent or minimize damage, but only if the client demonstrates that these costs have led to the limitation of direct damage as referred to in this article.
7.3 diyPresso excludes all liability for indirect damage suffered due to the use of the products delivered by diyPresso, except for situations where the damage is directly caused due to intent or gross negligence on the part of diyPresso, his directors and / or management staff.
7.4 diyPresso is never liable for the following damages: damage or injuries caused by use other than brewing espresso, damage or injuries caused by an incorrect way of assembly, consequential damages, lost profits, lost savings and damage due to business stagnation.
7.5 Since the diyPresso one is a DIY build kit diyPresso B.V. cannot be held responsible for any direct or indirect damage or injury resulting from or during assembly or use.
7.6 Since the diyPresso One is a DIY build kit, the builder is responsible for a proper assembly and for all safety aspects – including but not limited to electricity, pressure and temperature!
7.7 Assembled product is not for resale, only for personal use.
7.8 Before assembly, the builder should always check for the latest Assembly Manual and Quick Installation & User Guide as well as the Safety Warnings as to be found in the Support Section.
Applicable law and disputes (8)
8.1 Only Dutch law shall apply to each and every agreement between diyPresso and the client. The CISG is not applicable under the Agreement.
8.2 Client and diyPresso shall only refer the matter to the court if they have done their utmost to solve the dispute through mutual consultations.