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Terms and Conditions

This Acme & Co site at acmecups.eu, (the "Site") is a shopping website where you can browse, select and order products from Acme & Co Ltd ("Acme & Co", "us" or "we)

The ‘buyer’ refers to any legal entity purchasing from the seller.

The buyers access to and use of the site, including the buyers order of products through the site, is governed by these terms and conditions.If the whole or any part of a provision of this agreement is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction. The remainder of this agreement has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected. This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.This agreement is governed by the laws of New Zealand. Each party submits to the non-exclusive jurisdiction of the courts of that place.The customer agrees not to attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on this website.

Termination

We may immediately suspend, terminate or limit your access to and use of the site and (where relevant) your account if you breach these terms and conditions and:the breach cannot be remedied; oryou fail to the remedy the breach within 10 days of our notice to you of that breach; orif there is an emergency.We may stop making the site (or any part of it) available without prior notice. If so, any orders that we have accepted will not be affected by this unless the products that have been ordered are no longer available or we are prevented from supplying the products, in which case, we will notify you and will refund to you all valid payments received by us for those products

Changes to these terms and conditions

For future orders, these terms may be different and so we recommend that you read these terms carefully each time you agree to them during the ordering process.We will not change any terms and conditions for an existing order that has been accepted by us, the terms and conditions that will apply to the order are the terms and conditions that applied at the time you place your order.

Compliance

The buyer agrees to be bound by, and comply with, these terms and conditions. In addition to these trading terms, there are terms and conditions that apply to the use of the site. The buyer agrees to comply with the terms of use.The buyer agrees to comply with all relevant laws relating to your use of the site and the buyers placement of any order through the site.

Import duty

We have paid the import duty required for entry to the European Union. If you are within an EU country you should not have an import duty charge applied. Deliveries outside the European Union are subject to import duties, taxes and customs fees.

VAT - The Netherlands

For supply of goods within The Netherlands we do not specify any Dutch VAT on our invoices where you are a registered company with a valid VAT identification number. The goods are supplied under “reverse charge” article 12 and 3. You can check your VAT number here.

VAT - within the EU

For supply of goods to consumers within the EU we will charge 21% VAT.

VAT - orders to Switzerland and Norway

For supply of goods to Switzerland and Norway which are outside the EU (exports), we do not specify any Dutch VAT on our invoices. You are not required to provide your VAT identification number though it is still recommended. There must be evidence that the goods have left the customs territory of the European Union. Deliveries outside the European Union are subject to import duties, taxes and customs fees for which you, the receiver, will be liable.

VAT - outside the EU

For supply of goods outside the EU (exports), we do not specify any Dutch VAT on our invoices. You are not required to provide your VAT identification number though it is still recommended. There must be evidence that the goods have left the customs territory of the European Union. Deliveries outside the European Union are subject to import duties, taxes and customs fees for which you, the receiver, will be liable.

Incoterms

All orders on this site are shipped under DAP (Delivered at Place) terms. For orders outside the EU, this means that you the receiver take the risk of import clearance and fees. For a further explanation of incoterms, see the DHL guide.

Other duties and taxes

You, the receiver, are required to pay all additional duties and/or taxes at the port of destination. DHL, or their designated customs agent will be in contact to collect payment of these charges should they apply.

Export Restrictions

We will only ship orders placed through our website to countries within the European Union, with the addition of Switzerland and Norway. If you are in another country contact us and we will work out the best way for you to access our cups.

The buyer may order products by selecting and submitting the order through the site in accordance with these terms and conditions.

Any order placed through this site for a product is an offer by the buyer to purchase the particular product for the price notified (including the delivery and other charges and taxes if applicable) at the time you place the order. When the buyer orders products from the seller, this constitutes an offer from the buyer to buy those products in accordance with these Conditions of Use. The sellers acceptance of the buyers order occurs (and the contract is formed) when the goods are dispatched to the buyer.

The seller may ask you to provide additional details or require you to confirm your details to enable us to process any orders placed through the site.

You agree to provide us with current, complete and accurate details when asked to do so by the site.

Retail pricing: Listed pricing is retail inclusive of VAT (21%).

Discounts: Unless stated otherwise, advertised discounts only apply to full retail pricing. Discounts are not accumulative so will not be applied on top of other discounts.

Register for an account: Any purchasing on this site requires registration. We will contact you with your login details via email.

Open a wholesale account 

If you have a business within the European Union, and a valid VAT identification number, fill in the online form on the contact page so that we can activate your account with wholesale pricing. You should receive account confirmation from us via email within one working day. You will receive both an automated email and a personal email with your EUR pricelist and the freight pricing to your designated country in PDF format.

Backorders

No backorders: We do not place out of stock items on backorder. We can create a manual pre-order for you (see below). Freight charges apply for every new order.
 
Place a pre-order: On occasion items will be out of stock. If you would like to place a pre-order, simply email us with your request. We will enter the pre-order manually and send you a proforma invoice. We will give you an estimate of when the goods will be available. We cannot guarantee a delivery time until the items are within our possession, however we will make every effort to keep you informed of expected delivery date. We will confirm the pre-order with you and request payment of the proforma invoice close to the time of availability. We will dispatch the goods once payment has cleared and the goods are available.

Shipping: Orders placed on this site are shipped from Uithoorn, The Netherlands using DHL Parcel and DHL Euro Freight services. We expect your cups to get to you quickly and in good condition. Orders will be despatched within two business days of payment being received. Expected delivery timeframes depend upon the European destination - between 2 and 6 days. Please check your freight list for service levels. We reserve the right to adjust listed shipping rates for remote locations. Ask for freight pricing and service levels to your EU destination now.

Tracking: You will receive automated tracking advice once your order has been scanned at it's first depot rather than when it is despatched. The tracking advice is sent to the email address connected to your account.

In certain circumstances, we may need to reject your order. This may happen where the requested product is not available or if there is an error in the price or the product description posted on the site.

Acceptance or rejection of an order

Each order placed for products through the site that we accept results in a separate binding agreement between you and us for the supply of those products.

For each order accepted by us, we will:

a) supply the products in that order to you in accordance with these terms and conditions; and

b) provide you with an email confirmation of that order.

If we reject an order placed through the Site, then we will endeavour to notify you of that rejection at the time you place the order or within a reasonable time after you submit your order.

We will only deliver products ordered through the site to a location where we provide delivery services.

You may obtain further information on the site about our delivery timeframes and how we deliver certain products.

You agree to comply with certain delivery requirements specified below and such other requirements that we notify you when you place your order through the site. We also recommend that you be present to accept the delivery of your order if you have paid by credit card. We may require the person accepting the delivery of your order to:provide us with proof of that person's identity (including photographic identification) and, where relevant, age. If the order has been paid by credit card, then we may also ask you to show us the credit card for us to conduct our verification checks. You acknowledge and agree that any person at the delivery address who receives the products is authorized by you to receive your order.

Risk and title

Risk and title to the products passes to you on the date and time of delivery to the delivery address.

Checking your order

Once you have received your order please check the contents against the shipping note. If there are any discrepancies between the order or shipping note and the contents of the shipment, please notify us within 7 working days. 
 
Delays Delivery to rural locations, delays due to customs clearance, or any delay outside our control may cause longer than usual delivery times.

We will charge you, and you agree to pay, the purchase price of each product that is ordered.

All fees and charges identified in these terms and conditions and all prices for the products are in Euros (EUR) and include VAT where applicable.The purchase price of each product is shown on the product list on the site at the time you place your order. The purchase price of a product on the site may not be the same or correspond to the prices in any of our stores for the same product and we are not obliged to match any prices.Just like in our stores, prices for products change from time to time and we do not provide any notice of these changes. Subject to these terms and conditions (and in particular, our Back Order Policy), once we have accepted your order, we will not change any prices that apply to the products in that order. If you cancel an order then:subject to (b), we will refund any amounts paid by you for that cancelled order

You may pay the fees and charges for an accepted order using the following payment methods:

Visa, Visa Debit, MasterCard, AMEX, Apple Pay, Google Pay, Shop Pay (Shopify), and Paypal.

If we are unable to successfully process your credit card payment for your order that is accepted by us, then we may cancel your order.

If you choose to pay by credit card, you authorize us to debit the amount that is payable for an accepted order from your nominated credit card. You must not pay, or attempt to pay, for products through any fraudulent or unlawful means

All prices quoted are in Euros (EUR). All transactions will be charged in EUR regardless of what the currency converter states.

We respect your privacy. We collect, hold, use and disclose your personal information in accordance with the Privacy Act 1993. The manner in which we generally collect, hold, use and disclose your personal information is set out in our Privacy Policy. You can view our Privacy Policy here.We will collect your personal information through your use of the site or through your personal contact with us. You agree for us to collect, hold, use and disclose your personal information in ways we consider appropriate namely:for the purpose of and incidental to providing our products and services to you in a secure way. This includes uses and disclosures which we require to operate the site; andwith,

to and from third parties who provide services to us in relation to online shopping. These may include delivery service providers and organizations that assist us to check for or prevent unauthorized or fraudulent transactions.for other purposes to which you consent to (either express or inferred consent).You may access your personal information, by logging into your registered account or by contacting us.

Returns - Right to Cancel

You have the right to cancel the purchase of goods within 14 working days, beginning on the day after you receive the goods. If you are in possession of the goods you are under a duty to retain them and take reasonable care of them. You must notify us of your intention to return the goods and return them at your own expense.
 
We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense. Once the goods have been received in good condition (unused and the inner packaging of each six-pack unopened) we will refund the purchase price of the goods to you as soon as possible and in any event within 30 days.
 
You will not have any right to cancel a purchase for the supply of goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned.

Returns - Faulty or damaged goods

If goods received are faulty or have been damaged, we will either replace the goods free of charge or refund the cost of goods and the shipping costs incurred. You must notify us of visible faults or damage within 7 days of receiving the product.

Subject to clause 12.3, we exclude all implied terms and warranties whether statutory or otherwise, relating to the site or the subject matter of this agreement. You acknowledge that the site is provided "as is" and that we do not make any warranty or representation as to the suitability of the site or a product for any purpose.Where any law implies in this agreement any term, and that law voids or prohibits provisions which exclude or modify the operation of such term, then the term is taken to be included in this agreement. However, our liability for breach of such term will be, if permitted by law, limited to one of the following remedies (at our option):in the case of services: the resupply of the services; or the payment of the cost of resupply; and in the case of goods: the replacement of the goods, the supply of equivalent goods, the payment of the cost of replacing the goods (or of acquiring equivalent goods), or the payment of the cost of having the goods repaired.

Our liability to you for loss or damage of any kind arising out of this agreement or in connection with the relationship established by it is reduced to the extent (if any) that you cause or contribute to the loss or damage. This reduction applies whether our liability is in contract, tort (including negligence), under any statute or otherwise.

Nothing in these terms and conditions is intended to limit or exclude any liability that cannot be excluded by law.