General conditions

In these general terms and conditions, the following terms, always capitalized, are used in the following sense.

1. Sapje B.V.: the user of these general terms and conditions, located at Noorddammerweg 13K, 1424NV in De Kwakel, registered in the Trade Register under KvK number 80653650.
2. Client: any natural or legal person with whom Sapje has concluded or intends to conclude an Agreement.
3. Consumer: a Customer, natural person, not acting in the exercise of a profession or business.
4. Parties: Sapje and the Customer jointly.
5. Agreement: any agreement concluded between the Parties, under which Sapje has undertaken to deliver Products to the Client.
6. Subscription: an Agreement for the regular delivery of Products.
7. Products: all goods to be delivered to the Client by Sapje under the Agreement, which may include juice mixes and detox cures.
8. Website: www.sap.je
9. Written: in addition to traditional written communication, communication by e-mail or any other means of communication that can be equated with it in view of the state of the art and socially accepted standards.

1. These general terms and conditions apply to every offer of Sapje and every Agreement.
2. The Customer’s general terms and conditions of purchase or otherwise, if any, do not apply to the Agreement.
3. Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining clauses. In such a case the Parties shall be obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected provision. The purpose and purport of the original provision will be taken into account as far as possible.

1. All offers made by Sapje are without obligation and subject to sufficient availability of the Products offered. In the unlikely event that the offered Products are not available, Sapje may revoke its offer until immediately after acceptance by the Client. If in such a case payment has already been made by the Client, Sapje shall ensure immediate repayment.
2. A delivery should consist of at least 14 Products.
3. The Client cannot derive any rights from an offer by Sapje that contains an obvious error or mistake.
4. Without prejudice to the provisions of paragraph 1, each Agreement is concluded at the moment the Client accepts Sapje’s offer in the manner designated by Sapje on the Website.
5. Sapje shall confirm the conclusion of the Agreement, without prejudice to the provisions of paragraph 1, by e-mail as soon as possible.
6. If the Customer concludes the Agreement in the name of another natural or legal person, by entering into the Agreement he declares that he is authorized to do so. The Customer is jointly and severally liable alongside this (legal) person for the fulfillment of the obligations under that Agreement.In case of a loose order of Products, the Customer may change the order by e-mail (info@sap.je) or by telephone and up to 24 hours before the scheduled delivery, by specifying another delivery date and/or time. Within the same time frame and correspondingly, the Customer may still change the content of the order, it being understood that the order must still consist of at least 14 Products. The provisions of the following article apply to changing deliveries under Subscriptions. Modified Agreements (including, therefore, Subscriptions) are also subject to these general terms and conditions.

1. Subscriptions provide for the regular delivery of Products at a discount compared to single orders. The Customer may choose from three different Subscriptions, namely “3 Deliveries,” “6 Deliveries” and “12 Deliveries,” under which the Customer is entitled to delivery of one order per a corresponding number of months. However, the Customer may postpone (“pause”) a scheduled monthly delivery for up to eight weeks; therefore, each scheduled delivery may be paused by the Customer for up to eight weeks.
2. In the event the Customer pauses the Subscription, the number of payment and delivery occasions shall lapse proportionately, provided that: a) in the case of Subscription “12 Deliveries”, the Customer must take at least 9 deliveries; b) in the case of Subscription “6 Deliveries”, the Customer must take at least 5 deliveries, and; c) in the case of Subscription “3 Deliveries”, the Customer must take at least 3 deliveries.
3. Three days before each scheduled delivery, the Customer will receive a reminder e-mail so that he can still change the delivery date and/or time as well as the delivery address in time. The delivery date and/or time and/or the delivery address can be changed until 11:59 a.m. on the day prior to the day of the scheduled delivery. Under the Customer’s account on the Website, the Customer can change the delivery date and/or time under the heading ”manage subscription”. Under the heading ”addresses”, the delivery address can be changed.
4. Subscriptions can be cancelled after the Customer has taken the minimum number of delivery referred to in paragraph 1. Termination of the Subscription by the Customer must be done by e-mail (info@sap.je). Cancellation can take place up to the day the Customer has received the reminder e-mail referred to in paragraph 2. If no timely cancellation takes place, one more delivery and payment will take place. If the Customer does not cancel the Subscription and the minimum number of deliveries has already been taken, the Subscription will be tacitly renewed. The Customer can disable tacit renewal of the Subscription under his account on the Website under “manage subscription” by disabling “auto renew”. The Customer can also deactivate the tacit renewal of the Subscription by e-mail (info@sap.je) stating a notice to this effect and at least his name and address details.
5. A tacitly renewed Subscription can be cancelled before each new delivery, no later than the day the Customer received the reminder email referred to in paragraph 2.
6. The Customer may change his Subscription in the interim, before each new delivery, no later than the day the Customer received the reminder email referred to in paragraph 2. Both the subscription form (“3 Deliveries”, “6 Deliveries” or “12 Deliveries”), the number of Products and the flavors can be changed, it being understood that each delivery must still consist of at least 14 Products. Under the Customer’s account on the Website, the Customer can change the Subscription under the heading “change subscription”.
7. Changing the subscription form until the minimum number of deliveries has been taken is only possible in the case of an upgrade to a subscription form with a higher delivery frequency. If the form of subscription is changed by the Customer, this is considered as termination of the old form of subscription and creation of a new Subscription, to which the provisions of the previous paragraphs of this article apply accordingly.
8. Discount codes cannot be used in conjunction with a Subscription.

1. The Customer does not have the right of dissolution as referred to in Article 6:230o of the Civil Code because it concerns the delivery of Products with a limited shelf life. Pursuant to Article 6:230p of the Civil Code, this right is excluded.
2. Sapje will not take back Products on any grounds other than those referred to in the previous paragraph. Without prejudice to the provisions in these general terms and conditions regarding the pausing of orders and the consequent cancellation of one or more orders, each order is binding and the Products cannot be returned by the Client, even if the Products are still in good condition.

1. Delivery of the Products takes place by delivery thereof to the delivery address provided by the Customer for that purpose.
2. The risk of loss, damage and spoilage of the Products shall pass to the Customer upon receipt of the Products by or on behalf of the Customer.
3. It is expected that the Products can be received by or on behalf of the Customer within the time frame agreed upon for this purpose. If the Products cannot be delivered by or on behalf of the Customer to the agreed delivery address, an attempt will be made to deliver the Products to (one of the) neighbors. With the prior consent of the Customer, which consent must be given through the order note when entering into the Agreement or amending it, the Products may also be left at the door or in a shed.
4. If delivery cannot take place in accordance with the provisions of the previous paragraph, the order will be taken back and the Customer can have the Products redelivered once free of charge. If the Customer does not opt for redelivery, he shall continue to owe payment as if the order had been accepted.

Sapje strives to meet the agreed delivery times, but cannot always guarantee this due to special (traffic) circumstances. Therefore, the Client shall provide Sapje with some margin in the delivery time, without the Client claiming refusal of delivery, rescission of the Agreement or compensation for damages, on the understanding that if a lower amount of shipping costs would be due for the actual delivery time than for the agreed delivery time, the Client shall claim reimbursement or remission of the difference. In the case of a Subscription, Sapje shall be entitled to set off any such claim of the Customer against the next payment to be received from the Customer.

1. Sapje warrants that the Products are suitable for the purpose for which they are intended based on the information provided by Sapje and guarantees that the Products comply with applicable legal requirements and other government regulations. However, this is without prejudice to the mandatory statutory rights and claims that Consumers may assert against Sapje.
2. The Customer must examine the Products or have them examined as soon as possible after delivery. In doing so, it must be determined by or on behalf of the Customer whether the nature and quantity of the Products comply with the Agreement.
3. Defects or shortages relating to the Products shall be reported by the Client to Sapje by e-mail (info@sap.je) immediately, at least within two working days after delivery, failing which the Client can no longer claim a defect or shortage.
4. Even if the Customer complains in a timely manner, the Customer’s obligation to pay and further fulfill the Agreement shall remain unaffected.
5. The provisions of the previous paragraphs of this article do not affect the mandatory legal rights of Consumers.

1. Sapje shall not be bound to fulfill any obligation under the Agreement if and for as long as it is impeded from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted practice in society and as a result of which Sapje cannot fulfill its obligations under the Agreement or cannot fulfill them on time.
2. If the force majeure situation makes the performance of the Agreement permanently impossible, the Parties are entitled to dissolve the Agreement with immediate effect.
3. If Sapje has already partially fulfilled its obligations when the force majeure situation occurs, or can only partially fulfill its obligations, it shall be entitled to claim compensation for the part already delivered or still to be delivered under the Agreement, as if it were an independent Agreement.
4. Without prejudice to the application of the previous paragraph, damages resulting from force majeure shall never be eligible for compensation.

1. Sapje shall, if the circumstances of the case reasonably justify it, be authorized to suspend the execution of the Agreement or to dissolve the Agreement in whole or in part with immediate effect, if and insofar as the Client fails to fulfill his obligations under the Agreement, or fails to fulfill them on time or in full, or if circumstances come to Sapje’s knowledge after the conclusion of the Agreement give good reason to fear that the Client will not fulfill his obligations. If the fulfillment of the Client’s obligations in respect of which the Client fails or threatens to fail is not permanently impossible, the power to terminate the Agreement shall only arise after the Client has been notified In Writing of default, which notice of default shall state a reasonable period within which the Client may (as yet) fulfill his obligations and the fulfillment has still not been effected after the expiry of the latter period.
2. If the Client liquidates his company or transfers it to a third party, is in a state of bankruptcy, has applied for (provisional) suspension of payments, is declared subject to a legal debt rescheduling arrangement, has any attachment levied on his goods, as well as in cases in which the Client otherwise cannot freely dispose of his assets, Sapje shall be entitled to dissolve the Agreement with immediate effect.
3. The Client shall be obligated to compensate Sapje for any damages suffered as a result of the suspension or termination of the Agreement.
4. If Sapje dissolves the Agreement, any claims that Sapje may still have against the Client shall be immediately due and payable.

1. All prices quoted by Sapje do not include delivery charges. Before the Agreement is concluded or a delivery is changed, the total price is stated, including VAT and delivery charges. The amount of the delivery charges depend on the place of delivery and whether delivery takes place within a certain time window.
2. Payment shall be made by one of the methods designated for that purpose by Sapje, within the period stated or notified by Sapje. Unless expressly agreed otherwise, in the case of a Subscription, the amount due shall be automatically debited from the Client’s bank account for each subsequent delivery. The Client automatically provides an authorization for this purpose with the first payment.
3. As long as the Client is in default towards Sapje with the fulfillment of an already due and payable payment obligation, Sapje is not bound to (further) execute the Agreement.
4. If payment is not made on time, the Customer shall be in default by operation of law. From the day the Customer’s default commences, the Customer shall owe interest of 2% per month on the outstanding amount, whereby part of a month shall be regarded as a full month. Notwithstanding the previous sentence, if the Customer is a Consumer, the statutory interest rate shall apply instead of the contractual interest rate referred to there.
5. All reasonable costs, such as judicial, extrajudicial and execution costs, incurred to obtain the amounts owed to Sapje by the Client shall be borne by the Client.

1. Sapje shall never bear any liability for damages in connection with or damage caused by an inaccuracy or incompleteness in the data provided by the Client, any other failure in the fulfillment of the Client’s obligations under the law or the Agreement, or any other circumstance not attributable to Sapje.
2. Sapje is not liable for unauthorized use of Customer’s login credentials to access their account on the Website. All actions taken on the Customer’s account shall be attributed to the Customer.
3. Sapje guarantees that the Products are delivered in good condition. The Client is responsible for the proper storage of the Products and for determining the purposes for which and the manner in which the Products are consumed. Except in the event of intent and wilful recklessness on its part, Sapje shall never be liable for any damage, injury or illness resulting from the consumption of the Products. Furthermore, Sapje shall never be liable for other indirect damages, including losses suffered, loss of profit and damage as a result of business interruption.
4. Should Sapje, despite the provisions of these general terms and conditions, be liable for any damage, for example because a delivery has not been made due to its fault, Sapje shall at all times be entitled to remedy this damage. The Client shall give Sapje the opportunity to do so, failing which any liability of Sapje in this regard shall lapse.
5. Sapje’s liability shall be limited to no more than the invoice value of the Agreement, or at least to that part of the Agreement to which Sapje’s liability relates, provided that Sapje’s liability shall never exceed the amount actually paid out under the circumstances in question, based on the liability insurance taken out by Sapje, plus any excess of Sapje applicable under that insurance.
6. The statute of limitations for all legal claims and defenses against Sapje is one year. Notwithstanding the preceding sentence, claims and defenses due to Consumers that are based on facts that would justify the assertion that the Products do not comply with the Agreement shall expire after two years.
7. The Client, and in particular a non-consumer, indemnifies Sapje against any claims by third parties who suffer damages in connection with the execution of the Agreement and the cause of which can be attributed to parties other than Sapje. If Sapje should be sued by third parties on that account, the Client shall be bound to assist Sapje both extra-judicially and judicially and immediately do everything that may reasonably be expected of him in that case. Should the Client fail to take adequate measures, Sapje shall be entitled to do so itself without notice of default. All resulting costs and damages on the part of Sapje and third parties shall be entirely at the Client’s expense and risk.
8. In the case of a consumer purchase, the restrictions in this article do not extend further than permitted under Article 7:24 paragraph 2 of the Civil Code.

1. Complaints regarding the execution of the Agreement shall, without prejudice to the provisions of Article 8, be submitted In Writing to Sapje within a reasonable time after the Customer has fully and clearly described the grounds that gave rise to the complaint.
2. Complaints submitted to Sapje shall be answered within a period of fourteen days from their receipt. If a complaint requires a longer processing time, a reply with an acknowledgement of receipt and an indication of when the Customer can expect a more detailed answer will be provided within the fourteen-day period.
3. If a complaint of a Consumer, cannot be resolved by mutual agreement with Sapje, the Consumer can submit the dispute to the Dispute Resolution Commission through the ODR platform(ec.europa.eu/consumers/odr/).

1. Sapje shall be entitled to amend these General Terms and Conditions as well as its prices, it being understood that such amendments shall not relate to deliveries for which it is certain that they will still be delivered under the Agreement and their delivery can no longer be revoked in a regular manner, for example, by cancellation of the Subscription by Sapje. In the context of Subscriptions, the aforementioned changes shall be expressly announced to the Customer with a deadline of at least 30 days before coming into effect.
2. Each Agreement and all legal relationships arising therefrom between the Parties shall be governed exclusively by Dutch law.
3. The parties will not seek recourse to the courts or a disputes committee until after they have made every effort to resolve the dispute by mutual agreement.
4. Insofar as the law does not imperatively deviate from this under the circumstances of the case, only the competent court within the district of Sapje’s place of business shall be designated to hear any legal disputes between the Parties.