Terms and conditions.

Article 1Definitions

In these terms and conditions, the following definitions apply:

1. 1.1Aurecha: Aurecha, based in Rucphen, registered with the Netherlands Chamber of Commerce (KvK) under number 97437379, hereinafter also referred to as “we”, “us” or “Aurecha”.
2. 1.2Customer: any natural person or legal entity that places an order with Aurecha.
3. 1.3Consumer: a customer who is a natural person acting for purposes outside their trade, business or profession.
4. 1.4Agreement: the agreement between Aurecha and the customer regarding the purchase of one or more products.
5. 1.5Products: the products offered through the Aurecha webshop, including matcha and matcha accessories.
6. 1.6Webshop: the Aurecha online store, available at https://www.aurecha.com.

Article 2Applicability

1. 2.1These terms and conditions apply to every offer made by Aurecha and to every agreement concluded between Aurecha and the customer through the webshop.
2. 2.2By placing an order, the customer agrees to these terms and conditions.
3. 2.3These terms and conditions are available on the webshop before an order is placed and can be saved by the customer.
4. 2.4If one or more provisions of these terms and conditions prove to be void or voidable, the remaining provisions remain fully in force. In that case, the parties will agree on a replacement provision that reflects the purpose of the original provision as closely as possible.
5. 2.5Deviations from these terms and conditions are only valid if agreed in writing or electronically between Aurecha and the customer.

Article 3Offer and product information

1. 3.1Aurecha does its best to present product information, images, prices and other information on the webshop as completely and accurately as possible.
2. 3.2Obvious mistakes or errors in the offer, such as clear pricing or typing errors, are not binding on Aurecha.
3. 3.3Product images are for illustration purposes. The product actually delivered may differ from an image in minor respects, for example in colour, packaging or natural characteristics.
4. 3.4Food products, including matcha, may show natural differences in colour, aroma and taste. This does not automatically affect the quality or conformity of the product.
5. 3.5Aurecha reserves the right to change its range and product information.

Article 4Prices

1. 4.1All consumer prices shown on the webshop include VAT, unless stated otherwise.
2. 4.2Any shipping costs are clearly shown to the customer before the order is completed.
3. 4.3Aurecha reserves the right to change prices. A price change does not affect an order that has already been validly concluded.
4. 4.4No rights can be derived from obvious pricing errors.

Article 5Formation of the agreement

1. 5.1The agreement is concluded as soon as the customer has placed the order through the webshop and Aurecha has confirmed the order electronically.
2. 5.2Aurecha confirms the order by email as soon as possible.
3. 5.3If an ordered product is unexpectedly unavailable, Aurecha will inform the customer as soon as possible. In that case, Aurecha may cancel the order and refund any amounts already paid.
4. 5.4Aurecha may refuse an order or impose additional conditions if there are reasonable grounds to do so, for example in case of suspected fraud, misuse or an obvious error in the offer.

Article 6Payment

1. 6.1Payment is made using the payment methods offered on the webshop during the ordering process.
2. 6.2The customer must pay the order in full before Aurecha proceeds with delivery, unless otherwise agreed in writing.
3. 6.3If a payment has not been completed successfully, Aurecha may suspend the order until the payment has been received.

Article 7Delivery

1. 7.1Aurecha aims to deliver orders within the period stated on the webshop.
2. 7.2Stated delivery times are indicative, unless expressly agreed otherwise.
3. 7.3Aurecha is not responsible for delays caused by the carrier, force majeure or circumstances beyond Aurecha's reasonable control.
4. 7.4If delivery is significantly delayed, Aurecha will inform the customer.
5. 7.5For consumers, the risk of the product passes at the moment the customer, or a third party designated by the customer who is not the carrier, has received the product.
6. 7.6On receipt, the customer should check, where reasonably possible, whether the order is complete and undamaged.

Article 8Consumer right of withdrawal

1. 8.1When buying online, a consumer in principle has the right to withdraw from the agreement within 14 days without giving any reason.
2. 8.2The cooling-off period starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product.
3. 8.3For an order consisting of several products delivered separately, the period starts after the last product has been received.
4. 8.4The consumer can exercise the right of withdrawal by clearly informing Aurecha within the cooling-off period that they wish to withdraw from the agreement.
5. 8.5The consumer may use the model withdrawal form for this, but is not required to.
6. 8.6If Aurecha offers an online withdrawal function on its website, the consumer may also use it.
7. 8.7After withdrawal, the consumer has a maximum of 14 days to return the product.

Article 9Sealed matcha products and exception to the right of withdrawal

1. 9.1Some Aurecha products, including matcha delivered in a sealed pouch, are fitted with a safety seal.
2. 9.2The safety seal serves, among other things, to protect the quality, hygiene and food safety of the product.
3. 9.3For products where Aurecha has clearly stated before the agreement was concluded that the product is sealed and that the cooling-off period lapses once the seal is broken, the right of withdrawal lapses as soon as the consumer breaks the safety seal.
4. 9.4A matcha pouch with a broken safety seal can therefore not be returned under the right of withdrawal.
5. 9.5As long as the safety seal is fully intact, the statutory right of withdrawal continues to apply, unless another statutory exception applies.
6. 9.6The above does not affect the consumer's statutory rights in the case of a defective, damaged or incorrectly delivered product.
7. 9.7For products to which this exception applies, Aurecha will clearly state before purchase that the product is sealed and that the right of withdrawal lapses once the safety seal is broken.

Article 10Returns

1. 10.1If the consumer exercises the right of withdrawal, the product must be returned to Aurecha within 14 days of the withdrawal.
2. 10.2The consumer is responsible for the return shipment until it has been received by Aurecha.
3. 10.3The consumer bears the direct costs of returning the product, unless Aurecha has stated in advance that it will bear these costs.
4. 10.4Products should, where reasonably possible, be returned complete and in their original packaging.
5. 10.5During the cooling-off period, the consumer may inspect a product to the extent necessary to establish its nature, characteristics and functioning.
6. 10.6If the consumer uses or handles a product beyond what is necessary to assess it, the consumer may be liable for any resulting reduction in value.
7. 10.7Opened matcha pouches with a broken safety seal are not accepted as returns under the right of withdrawal.
8. 10.8This does not apply in case of a defect, damage, incorrect delivery or any other situation in which the consumer is legally entitled to a remedy.

Article 11Refunds

1. 11.1After a valid withdrawal, Aurecha will refund the payments received, including the standard delivery costs of the original order.
2. 11.2Aurecha refunds using the same payment method the consumer used for the original transaction, unless the consumer expressly agrees to another method.
3. 11.3Aurecha may withhold the refund until it has received the product or until the consumer shows that the product has been returned, whichever is earlier.
4. 11.4Aurecha makes the refund within the statutory period of 14 days after receiving the withdrawal, subject to the previous paragraph.
5. 11.5If the consumer chose a more expensive delivery method than the cheapest standard delivery, Aurecha does not have to refund the difference.

Article 12Conformity and statutory warranty

1. 12.1Aurecha guarantees that the products comply with the agreement and have the characteristics the consumer may reasonably expect under the agreement.
2. 12.2A consumer is entitled to a statutory warranty. This means a product must meet what the consumer may reasonably expect of it.
3. 12.3A commercial guarantee or additional service from Aurecha does not limit the consumer's statutory rights.
4. 12.4If a product is defective, the customer should contact Aurecha as soon as possible via info@aurecha.com.
5. 12.5Aurecha will then assess which remedy is appropriate, such as repair, replacement or a refund, to the extent required by law.

Article 13Complaints

1. 13.1Complaints about an order or product can be submitted by email: info@aurecha.com.
2. 13.2The customer should describe the complaint as clearly as possible and, where relevant, include the order number.
3. 13.3Aurecha aims to respond substantively to complaints as soon as possible and no later than within 14 days.
4. 13.4If a complaint requires more time, the customer will receive an acknowledgement within this period with an indication of when a substantive response can be expected.

Article 14Product use and food information

1. 14.1Matcha is a food product. The customer should carefully read and follow the information on the packaging, including ingredients, allergens, shelf life and storage advice.
2. 14.2The customer is responsible for following the storage and usage instructions stated on the packaging.
3. 14.3Information about matcha or other products on the webshop is not intended to replace professional medical advice.
4. 14.4If in doubt about using a food product in combination with personal circumstances, it is advisable to consult a doctor or other qualified professional.

Article 15Liability

1. 15.1Aurecha is only liable for direct damage to the extent that such damage is the direct result of a shortcoming attributable to Aurecha and to the extent permitted by law.
2. 15.2Aurecha is not liable for indirect damage, consequential damage, lost revenue or profit, loss of data or other indirect damage, to the extent such exclusion is legally permitted.
3. 15.3The limitations in this article do not apply if the damage results from intent or deliberate recklessness on the part of Aurecha, or if a limitation is not legally permitted.
4. 15.4For consumers, statutory rights and claims under mandatory provisions are not limited by this article.

Article 16Force majeure

1. 16.1Aurecha is not obliged to fulfil an obligation if prevented from doing so by force majeure.
2. 16.2Force majeure includes, among other things: problems with suppliers, transport problems, webshop outages, internet or payment outages, government measures, fire, natural disasters, war, pandemics and other circumstances reasonably beyond Aurecha's control.
3. 16.3If the force majeure situation lasts longer than is reasonably acceptable, Aurecha and the customer will seek a suitable solution in consultation.

Article 17Intellectual property

1. 17.1All texts, photos, logos, designs, images, videos and other content on the Aurecha webshop are owned by Aurecha or used with the permission of the rights holders.
2. 17.2It is not permitted to copy, publish or commercially use content from the webshop without Aurecha's prior written consent, unless permitted by law.

Article 18Privacy

1. 18.1Aurecha processes personal data in accordance with applicable privacy legislation.
2. 18.2Aurecha's privacy policy describes which personal data are processed, for what purposes, and which rights customers have.
3. 18.3The privacy policy is available on the Aurecha website.

Article 19Changes to the terms and conditions

1. 19.1Aurecha may change these terms and conditions where necessary, for example due to changes in legislation, services or business operations.
2. 19.2Agreements already concluded are governed by the terms and conditions that applied when the agreement was concluded, unless a change may legally also apply to them.
3. 19.3The most recent version of the terms and conditions is published on the webshop.

Article 20Applicable law and disputes

1. 20.1Agreements between Aurecha and the customer are governed by Dutch law.
2. 20.2If the customer is a consumer, this choice of law does not prevent the consumer from relying on the mandatory provisions of the country in which they live.
3. 20.3Aurecha and the customer will first try to resolve a dispute by mutual consultation.
4. 20.4If a dispute cannot be resolved by mutual consultation, it may be submitted to the competent court, subject to the statutory rules for consumers.

Article 21Contact details