COMPANY INFORMATION

Scorpius X BV
Address: Herenweg 10B  -  8300 Knokke-Heist - Belgium
Phone: +32 (0)50 277 207
Email: info@thelastbean.be
Company number: BE 1016.692.830

ARTICLE 1: GENERAL PROVISIONS

The e-commerce website of Scorpius X, a BV with registered office at  Herenweg 10B - 8300 Knokke-Heist, Belgium, VAT BE 1016.692.830,  (hereinafter ‘The Last Bean’) offers its customers the possibility to purchase products from its online store.

These General Terms and Conditions ("Terms") apply to every order placed by a visitor of this e-commerce website (“Customer”). Placing an order through The Last Bean’s webshop implies that the Customer has consulted these Terms and expressly accepts their applicability, to the exclusion of all other terms. Additional conditions of the Customer are excluded, except when previously, in writing and expressly accepted by The Last Bean.

ARTICLE 2: PRICE

All stated prices are expressed in EURO, always excluding VAT and all other taxes or duties to be borne by the Customer.

If delivery, reservation or administrative costs are charged, this will be stated separately.

The price quote only refers to the items as literally described. The accompanying photos are intended to be decorative and may contain elements not included in the price.

ARTICLE 3: OFFER

Despite the fact that the online catalog and the e-commerce website are compiled with the greatest possible care, it is still possible that the information offered is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind The Last Bean. Regarding the correctness and completeness of the offered information, The Last Bean is only bound by an obligation of means. The Last Bean can in no case be held liable in the event of material errors, misprints or printing errors.

If the Customer has specific questions, for example about availability, delivery time or delivery method, we request that the Customer contact our customer service in advance.

The offer is always valid while stocks last and can be adjusted or withdrawn at any time by The Last Bean. The Last Bean cannot be held liable for the unavailability of a product.

ARTICLE 4: ONLINE PURCHASES

The Customer can view and compare items via the online catalog. Items can be placed in a virtual shopping cart. After creating an account, the Customer can order the contents of the shopping cart and pay with a payment method of their choice.

The Customer has the choice between the following payment methods:

• via Visa
• via Mastercard
• via American Express
• via bank card (bancontact / maestro)

When payment is completed and accepted, the Customer receives an electronic confirmation of his/her order. This contains an overview of the order.

The coffee products (beans, capsules, etc.) and accessories offered via The Last Bean’s e-commerce website constitute an offer subject to acceptance by The Last Bean.

The Last Bean has the right to refuse an order (in writing). For example due to a serious shortcoming of the Customer regarding the order or any other order or agreement involving the Customer.

ARTICLE 5: DELIVERY AND PERFORMANCE OF THE AGREEMENT

Items ordered via this webshop are delivered in EU countries. Outside the EU, it will be assessed case by case whether sale and delivery can take place.

Delivery is made by a courier service. The costs associated with delivery are borne by The Last Bean above a certain amount, otherwise the delivery amounts are explicitly stated in the ordering procedure.

Unless otherwise agreed, the goods are delivered to the Customer’s residence as soon as possible after receipt of payment. This applies to goods that are in stock at The Last Bean at the time of the order. If the goods are not in stock and therefore still need to be roasted or ordered from an external supplier, The Last Bean will inform the Customer of the approximate delivery period.

Any visible damage and/or qualitative deficiency of an item or other shortcoming upon delivery must be reported by the Customer to The Last Bean immediately.

The risk of loss or damage passes to the Customer as soon as he (or a third party designated by him, who is not the carrier) has physically acquired possession of the goods. However, the risk passes to the Customer upon delivery to the carrier if the carrier has been commissioned by the Customer to transport the goods and this choice was not offered by The Last Bean.

ARTICLE 6: RETENTION OF TITLE

The delivered items remain the exclusive property of The Last Bean until full payment by the Customer.
The Customer undertakes, if necessary, to inform third parties of The Last Bean’s retention of title, e.g. to anyone who would seize the items not yet fully paid for.

ARTICLE 7: RIGHT OF WITHDRAWAL

The provisions of this article only apply to Customers who, in their capacity as consumers, purchase items online from The Last Bean.

The Customer has the right to withdraw from the agreement within 14 calendar days without giving reasons.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, physically acquires possession of the good.

To exercise the right of withdrawal, the Customer must inform The Last Bean (Herenweg 10B - 8300 Knokke-Heist, +32 50 277 207, info@thelastbean.be) via an unambiguous statement (e.g. in writing by post, or by email) of his decision to withdraw from the agreement.

To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to The Last Bean (Herenweg 10B - 8300 Knokke-Heist, +32 50 277 207, info@thelastbean.be) without undue delay, and in any event not later than 14 calendar days after the day on which he communicated his decision to withdraw from the agreement to The Last Bean. The Customer is on time if he sends back the goods before the period of 14 calendar days has expired.

The direct costs of returning the goods are borne by the Customer.

If the returned product has in any way diminished in value, The Last Bean reserves the right to hold the Customer liable and claim compensation for any depreciation of the goods resulting from the Customer’s use of the goods that goes beyond what is necessary to establish the nature, characteristics and functioning of the goods.

If the items are no longer in their original packaging and/or accessories are missing, it will be assessed on a case-by-case basis whether the right of withdrawal can be invoked.

The right of withdrawal expires for items designed or manufactured with specific requirements of the Customer, and therefore deviating from a standard product, as well as in the following cases based on the exceptions in art. VI. 53 WER.

1. service agreements after full performance of the service if the performance has started with the express prior consent of the consumer, and provided the consumer has acknowledged that he loses his right of withdrawal once the company has fully performed the agreement;
2. the delivery or supply of goods or services whose price is linked to fluctuations in the financial market over which the company has no influence and which may occur within the withdrawal period;
3. the delivery of goods made to the consumer’s specifications, or which are clearly intended for a specific person;
4. the delivery of sealed goods which are not suitable for return due to health protection or hygiene reasons and whose seal has been broken after delivery;
5. agreements in which the consumer has specifically requested the company to visit him to carry out urgent repairs or maintenance; however, if during such a visit the company provides additional services that the consumer did not explicitly request, or supplies other goods than replacement parts necessary for the maintenance or repairs, the right of withdrawal applies to those additional services or goods;
6. the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the express prior consent of the consumer and provided the consumer has acknowledged that he thereby loses his right of withdrawal;

If the Customer withdraws from the agreement, The Last Bean will reimburse all payments received from the Customer, with regard to the returned item, to the Customer within a maximum of 14 calendar days after The Last Bean has been informed of the Customer’s decision to withdraw from the agreement. In the case of sales agreements, The Last Bean will wait with reimbursement until it has received all goods back.

Any additional costs resulting from the Customer’s choice of a delivery method other than the cheapest standard delivery offered by The Last Bean will not be refunded.

The Last Bean will reimburse the Customer by means of a transfer to account unless otherwise mutually agreed. In no case will costs be charged for this reimbursement. Outside the EU: Bank charges in the Customer’s country or intermediary banks are at the expense of the Customer. 

ARTICLE 8: WARRANTY

Pursuant to the law of 21 September 2004 on the protection of consumers when selling consumer goods, the consumer has statutory rights. This statutory warranty applies from the date of purchase by (if applicable delivery to) the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to present the purchase receipt. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer’s home, the Customer must first contact The Last Bean customer service, after which the Customer must return the item at his own expense to The Last Bean.

ARTICLE 9: CUSTOMER SERVICE

The customer service of The Last Bean is available at the phone number +32 50 277 207, via email at info@thelastbean.be or by post at the following address (Herenweg 10B - 8300 Knokke-Heist, +32 50 277 207, info@thelastbean.be). Any complaints can be addressed here. The Last Bean undertakes to handle all complaints as quickly as possible.

ARTICLE 10: SANCTIONS FOR NON-PAYMENT

Without prejudice to the exercise of other rights available to The Last Bean, in the event of non- or late payment the Customer is automatically and without notice of default liable for damages on the unpaid amount from the date of default. These damages will be determined on a case-by-case basis and are proportional to the damage suffered.

Without prejudice to the foregoing, The Last Bean reserves the right to take back the items that have not been (fully) paid for.

ARTICLE 11: PRIVACY

The data controller, The Last Bean, respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.

The personal data provided by you will only be used for the following purposes: the execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to access and, if necessary, correct your personal data. Subject to proof of identity (copy of identity card) you can obtain a free written notification of your personal data via a written, dated and signed request to The Last Bean (Herenweg 10B - 8300 Knokke-Heist, +32 50 277 207, info@thelastbean.be). If necessary, you can also request to correct data that is incorrect, incomplete or irrelevant.

In case of use of data for direct marketing: You can object free of charge to the use of your data for direct marketing. To do so, you can always contact The Last Bean, (info@thelastbean.be).

We may collect data of a non-personal nature, such as browser type or IP address, the operating system you use or the domain name of the website through which you arrived at our website, or through which you leave it.

We treat your data as confidential information and will not pass it on, rent it out or sell it to third parties.

The Customer is responsible for keeping his login details confidential and the use of his password. Your password is stored encrypted, The Last Bean has no access to your password.

The Last Bean keeps online (anonymous) visitor statistics to see which pages of the website are visited to what extent.

If you have questions about this privacy statement, you can contact us at info@thelastbean.be.

ARTICLE 12: LIABILITY

• Information on the website
  The information, software, products and services ("information") offered on or via this website may contain inaccuracies of all kinds. We do not guarantee the suitability, reliability, timeliness or accuracy of the information. The information is provided and displayed without any form of guarantee. We are also not liable for possible viruses, if these should occur on the site despite the precautions taken. We expressly reserve the right to change the information on the website at any time.
• Links to other websites
  This website may contain hyperlinks to websites or web pages of third parties and other parties, or refer to them in another way. We have no control over the content or other characteristics of these websites or web pages and are in no case liable for their content or characteristics. Placing links in no way implies an implicit approval of the content of these websites or web pages.
• Advice via the website
  If advice is given directly or indirectly via this website for making personal or business decisions, this advice is given without any form of guarantee and without us being held liable for it. You should always consult a specialist for additional information regarding the advice tailored to your situation.
  
  

ARTICLE 13: INVALIDITY - NON-WAIVER

If a provision of these Terms is declared invalid, illegal or null and void, this will in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by The Last Bean to enforce one of the rights listed in these Terms, or to exercise any right thereof, will never be considered a waiver of such provision and will never affect the validity of these rights.

ARTICLE 14: AMENDMENT OF TERMS

These Terms are supplemented by other terms explicitly referred to, and the general sales terms of The Last Bean. In case of contradiction, these Terms prevail.

The Last Bean may amend these Terms at any time without further notice. Any purchase after the amendment implies acceptance by the Customer of these new Terms.

ARTICLE 15: EVIDENCE

The Customer accepts that electronic communications and backups can serve as evidence.

ARTICLE 16: APPLICABLE LAW - COMPETENT COURT

Belgian law applies, with the exception of the provisions of private international law regarding applicable law and with the exception of the Rome-I Regulation on international sales contracts concerning movable property. In the event of any disputes, only the courts in Bruges (Belgium) have jurisdiction.

The Dutch version of the general terms and conditions takes precedence over any other language!