terms and conditions
General Terms and Conditions of Purchase
sales Type- on spot
The contract between You (buyer) and Grounds Costa Rica (seller) is an 'on spot' sale which specifies a deal between the two parties to buy and sell the green coffee beans that are on stock in Europe.
Product Quantity and Quality
The buyer agrees to purchase a specific quantity and quality depending on the product type which is stipulated and described. This includes product code, variety, SCA score and technical specifications.
Copyright/ Intellectual Property
The seller commits to provide all the information and material necessary in order to support all buyer's marketing efforts. This includes pictures, technical information and the storytelling behind Gaia Artisan Coffee Farms.
The coffee shall be packed in sound uniform grain pro or alike-quality bags and natural fibre bags suitable for the transport of coffee, i.e. sound bags which are in good order, woven from natural fibres, of sufficient strength to withstand transit and storage, previously unused, clean, suitable for food.
The goods have been inspected by a third party Q-grader upon arrival in Europe. The purpose of this inspection by a Q-grader is to ensure no damage has been brought to the goods during transportation and that the quality promised in this agreement is fulfilled before handover to the buyer.
Where there is specific evidence that the coffee is unsound and/or there is a radical difference in quality, the buyers may seek an allowance or that the contract be discharged by invoicing back the coffee. The costs of an extra inspection of the goods by a third party to confirm any abnormality will be borne by the buyer.
Shipment of the goods will be arranged by the seller or buyer as needed. Pick up at the warehouse is also an option available.
Delivery will be done by a third party and we will do our best to comply with delivery times. Any delay in delivery because of circumstances beyond our control will not be responsibility of the seller without incurring any liability for costs and/or damage.
The buyer shall weigh, sort, and inspect the goods at its own cost, no more than 48 hours after delivery at the delivery point. Where the buyer fails to inspect the goods, all risks and costs of spoilage of the goods occurring after delivery shall be borne by the buyer.
A tolerance of 3% in weight difference, shall be permitted if the difference is due to circumstances beyond the control of the sellers. Each of the parties can require the reweighing and taring (if appropriate) to be supervised provided they give notice to the other party in due time and bear the costs thereof. At this point the Vollers warehouse will have already have reweighed and approved the goods.
Loss or Damage
Should the whole or part of the goods become damaged whilst at sellers' risk, the buyer shall have the option of accepting such whole or part with a fair allowance to be mutually agreed or decided by arbitration, or of rejecting such whole or part without replacement by the sellers.
Should the whole or part of the goods become destroyed or lost whilst at sellers' risk, seller shall be entitled to suspend fulfilment of his obligations, or to entirely or partially dissolve or terminate the agreement, without incurring any liability for costs and/or damage. The buyer will be entitled to a refund.
Failure to comply
If force majeure impedes either party from complying with any obligation, seller shall be entitled to suspend fulfilment of his obligations up to the moment that force majeure has ceased to exist, or to entirely or partially dissolve or terminate the agreement, without incurring any liability for costs and/or damage.
All information about the seller which has not been made public in some way and which supplier receives in connection with the agreement, is confidential and may not be passed on to third parties.
The Parties affirm their intention to faithfully execute their respective obligations under this Agreement in accordance with the principles of good faith, reasonableness, efficacy, loyalty and fair dealing, and will at all times endeavour to preserve the spirit and intent of this Agreement by behaving consistently and cooperatively, and providing necessary information in a timely and transparent manner. Where a party declares the other party to be in default it shall, after having given notice when and as stipulated, have the right to claim discharge of the contract.
All legal relationships arising out of or in connection with the agreement and the delivery of the goods or these Conditions shall be governed exclusively by Dutch law with the exclusion of the Vienna Sales Convention (United Nations Convention on Contracts for the International Sale of Goods, 11 April 1980).
All disputes arising out of or in connection with the agreement, these Conditions and the delivery of the goods shall be exclusively decided by The Courts of Zeeland-West-Brabant, location Breda, which shall have jurisdiction to settle a dispute under this agreement.
Acceptance of terms
Parties are expected to fulfil their obligations under the agreement.