Terms and Conditions

A.C.T. Avril Chocolate Tasting

I. Avril Chocolate tasting, with its office in Rotterdam, registered with the Rotterdam Chamber of Commerce under number 82122725, hereinafter referred to as A.C.T. Avril Chocolate Tasting. A.C.T. Avril Chocolate Tasting offers its services through a website on the Internet.

II. The Customer is the purchaser or customer of A.C.T. Avril Chocolate Tasting.

III. A.C.T. Avril Chocolate Tasting assumes good faith and that they and the Customer can and want to be of service to each other. A.C.T. Avril Chocolate Tasting does business honestly and is always based on reasonableness and fairness. It does, however, deem it necessary to draw up and apply these General Terms and Conditions for the sake of good order.

IV. An agreement can be a verbal (telephonic) agreement or an e-mail or an order through a third party website doing directly business with A.C.T. Avril Chocolate Tasting, without actually being signed by both parties.

1. General

1.1 These terms and conditions apply to all offers of A.C.T. Avril Chocolate Tasting. The conditions are accessible to everyone and included on the website of avrilchocolatetasting.com. On request we will send you a written copy.

1.2 Unless otherwise agreed in writing, the general or specific terms or conditions of third parties are not recognized by A.C.T. Avril Chocolate Tasting.

1.3 A.C.T. Avril Chocolate Tasting guarantees that the delivered services meets the agreement and the specifications stated in the offer.

1.4 Some services offered by A.C.T. Avril Chocolate Tasting includes the postal delivery of Products (Tasting kits that contains chocolate, tea, coffee… solely dry & non fresh products) as per the agreed offer with The Customer. Delivery aspects of such products are presented in the next section.

2. Delivery of products

2.1. Delivery takes place as long as stocks last.

2.2. Within the framework of the rules of distance selling, A.C.T. Avril Chocolate Tasting will execute orders at least within 7 days. If this is not possible (because the ordered products are out of stock or no longer available), or there is a delay for other reasons, or an order cannot or can only be partially carried out, the consumer will receive a message within 1 week after placing the order and in that case he has the right to cancel the order without cost and notice of default.

2.3 A.C.T. Avril Chocolate Tasting obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the items delivered by A.C.T. Avril Chocolate Tasting have been offered to the Customer once. In the case of home delivery, the carrier’s report, containing the refusal to accept, will serve as full proof of the offer to deliver.

2.4 All periods mentioned on the internet site are indicative. No rights can therefore be derived from the terms stated.

2.5 For the delivery of the Products makes use of the services of DHL. For home delivery: products shall be offered as a letterbox package. Packages are traceable. For sending bigger volume products not in letterbox package format, DHL services will be used and packages are traceable as well Items that do not arrive will not be credited.

2.6 A.C.T. Avril Chocolate Tasting is not responsible for untimely or non-internal forwarding of parcels within, for example, large international concerns, hospitals, receptions, companies and for mutual agreements between the delivery service and the recipient.

2.7 If the recipient refuses the parcel, for whatever reason, it will be returned by DHL Return Services. Please note that with large concerns, etc. the concern is the recipient and not the contact person.

2.8 A.C.T. Avril Chocolate Tasting is not responsible for incorrectly specified addresses. If the customer has given an incorrect address, the package can be returned by DHL Return Service or the letterbox package will be delivered to the address given (name of recipient and address do not have to match, address given is leading). There will be no crediting of the order.

3. Prices

Prices shall be presented in an offer, after proper definition of the needs, products and services. Our prices are in EURO and the VAT rate of 21% applies.

4. Payment

Delivery of products & services shall only take place upon prepayment of a certain % of the total invoice – as mentioned on the offer.

5. Data management

5.1 If you place an order with A.C.T. Avril Chocolate Tasting, then your data will be included in the customer database of A.C.T. Avril Chocolate Tasting. A.C.T. Avril Chocolate Tasting adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy & Cookie Statement.

5.2 A.C.T. Avril Chocolate Tasting respects the privacy of the users of the Internet site and ensures the confidential treatment of your personal data.

5.3 A.C.T. Avril Chocolate Tasting sometimes makes use of a mailing list. Each mailing contains instructions on how to remove yourself from this list. The information on data management is not part of the general terms and conditions, please consult our document ‘privacy policy’.

6. Warranty

6.1 A.C.T. Avril Chocolate Tasting guarantees that the products it delivers meet the requirements of usability, reliability and lifespan as reasonably intended by the parties in the purchase agreement.

6.2 The guarantee period of A.C.T. Avril Chocolate Tasting corresponds to the manufacturer’s guarantee period. However, A.C.T. Avril Chocolate Tasting is never responsible for the ultimate suitability of the goods for each individual application by the buyer, nor for any advice regarding the use or application of the goods.

6.3 The Customer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered goods are wrong, faulty or incomplete, the Customer must (before proceeding to return them to A.C.T. Avril Chocolate Tasting) notify A.C.T. Avril Chocolate Tasting of these defects immediately in writing. Any defects or incorrectly delivered goods must and can be reported in writing to A.C.T. Avril Chocolate Tasting up to a maximum of 14 days after delivery. Goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Use after the discovery of the defect, damage occurring after the discovery of the defect, encumbrance and/or resale after the discovery of the defect render this right of complaint and return completely null and void.

6.4.If A.C.T. Avril Chocolate Tasting finds the Customer’s complaints well-founded, A.C.T. Avril Chocolate Tasting shall, at its option, either replace the delivered goods free of charge or make a written arrangement with the Customer regarding compensation, on the understanding that A.C.T. Avril Chocolate Tasting ‘ liability and therefore the amount of compensation is always limited to a maximum of the invoice amount for the goods in question. Any liability of A.C.T. Avril Chocolate Tasting for any other form of loss or damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential loss or damage due to loss of profit.

6.5 A.C.T. Avril Chocolate Tasting is not liable for damage caused by intent or equivalent recklessness on the part of non-managerial staff.

6.6 This guarantee does not apply if: A) and for as long as the purchaser is in default towards A.C.T. Avril Chocolate Tasting; B) the purchaser has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of A.C.T. Avril Chocolate Tasting and/or the instructions for use on the packaging; D) the defectiveness is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used;

7. Offers

7.1 Offers are without obligation, unless stated otherwise in the offer.

7.2 When accepting a non-binding offer by the buyer, A.C.T. Avril Chocolate Tasting reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.

7.3 Verbal commitments shall only be binding on A.C.T. Avril Chocolate Tasting after they have been explicitly confirmed in writing.

7.4 Offers from A.C.T. Avril Chocolate Tasting do not automatically apply to repeat orders.

7.5 A.C.T. Avril Chocolate Tasting cannot be held to its offer if the Customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.

7.6 Supplements, amendments and/or further agreements shall only be effective if agreed in writing.

8. Agreement

8.1 An agreement between A.C.T. Avril Chocolate Tasting and a Customer comes into being after an order has been assessed for feasibility by A.C.T. Avril Chocolate Tasting.

8.2 A.C.T. Avril Chocolate Tasting reserves the right not to accept orders or assignments without giving reasons.

9. Images and Intellectual Property

All images; photographs, drawings, logo etc.; including data, article, blogs… on the internet website of A.C.T. Avril Chocolate Tasting are the sole Intellectual property of A.C.T. Avril Chocolate Tasting and are protected by Copyrights.

10. Force majeure

10.1 A.C.T. Avril Chocolate Tasting is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.

10.2 Force majeure is understood to be any strange cause, as well as any circumstance that should not reasonably be at the risk of the Seller. Force majeure expressly includes delays at or failure to perform by our suppliers, disruptions in the internet and bugs in the system, electricity disruptions, e-mail traffic disruptions and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in the supply, negligence by suppliers and/or manufacturers of A.C.T. Avril Chocolate Tasting as well as auxiliary persons, staff sickness, and deficiencies in auxiliary or transport means.

10.3 In the event of force majeure, A.C.T. Avril Chocolate Tasting reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to demand that the content of the agreement be amended in such a way that performance remains possible. A.C.T. Avril Chocolate Tasting is in no case obliged to pay any fine or compensation.

10.4 If A.C.T. Avril Chocolate Tasting has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfil its obligations, it is entitled to separately invoice the part already delivered or the part which can be delivered, and the Customer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

11. Liability

A.C.T. Avril Chocolate Tasting is not liable for illness or death of pets in mailed products and orders where the pet can get to the packaged chocolate and eat it.

12. Cancellations of services

12.1 Cancellations can be made up to 48 hours in advance, in which case you will receive a partial refund or we will move your booking to another date.

Partial refund will exclude all goods and products already sent by DHL services. As The Customers will have already paid a certain % of the total offer, The Customers will be informed of the total amount either 1) still owed to A.C.T. Avril Chocolate Tasting or 2) of the partial refund on the day of the cancellation. Invoices shall be fully fulfilled within the next 14 working days.

12.2 Cancellations within 48 hours of the booked event will not be refunded and cannot be rescheduled.

13. Applicable law/jurisdiction

13.1 All agreements shall be governed by Dutch law.

13.2 Disputes arising from an agreement between A.C.T. Avril Chocolate Tasting and the buyer, which cannot be resolved by mutual consultation, will be heard by the competent court within the district of Rotterdam, unless A.C.T. Avril Chocolate Tasting prefers to submit the dispute to the competent court of the buyer’s place of residence, and with the exception of those disputes that fall under the jurisdiction of the subdistrict court.

14. Services & online/offline Guided Tastings

14.1 Online Guided Tastings can take place during office hours (11:00-17:00) and on evenings (17h00 – 20h30).Offline or Face to Face Guided Tastings can take place on Afternoons and on weekends.

14.2 For Offline or Face to Face events, the customer is expected to leave the rooms and all materials, objects and/or equipment in their original state when entering. The customer is always responsible for any damage, nuisance and/or inconvenience caused during the event.

14.3 It is not permitted to bring food and drink into the location of the event or to consume it there.

14.4 Pets etc. are not allowed.

14.5 Customers who do not arrive on time risk not being able to join the Guided Tasting and are also not entitled to a refund.

14.6 Online events are conducted through ZOOM, Webex, Teams… depending on the preferred choice of The Customer.  As per Article 14.5, if the Customers do not show up on time, the Customers run the risk to not be admitted in the live guided tasting and are not entitled to a refund.

15. Liability

A.C.T. Avril Chocolate Tasting is not liable for any no respect of “etiquette” by one of the Customers during Face to face or Online Digital Guided Tastings. Any harsh content shared, Any insult written or spoken out loud and any type of disrespect toward A.C.T. Avril Chocolate Tasting by one of the Customers will have a consequence to cease immediately the Guided Tasting. The Customers will be seen as responsible and not entitled to a refund.