Terms & Conditions
These terms of use set out the conditions of sale and use of this website for you, whether you are a guest or a registered user. The website is owned and operated by Melaya B.V. (KVK 99670267) (“Melaya B.V.”, the “Company”). These terms apply to the use of the website, regardless of whether a sale takes place.
“Agreement” refers to the general terms and conditions and related documents.
“Use” of our website includes accessing, browsing, or registering to use our website. Please read these Terms of Use carefully before using our website, as they apply to your use of it.
“Customer” refers to an individual, company, or other legal entity, institution, or organization that, as a consumer, enters into a contract for the purchase of products from Melaya B.V. (99670267).
“Products” refers to all goods, products, or services agreed upon in a sales contract between the Company and the Customer and supplied by the Company to the Customer. This document is hereinafter referred to as the “Agreement” or “Contract.” All articles in these general terms and conditions apply to all parties who visit our website and/or enter into an agreement to purchase products from us.
“Services” refers to the activity of offering product sales on our site.
By using our website, you confirm that you accept these terms of use and agree to comply with them. If you do not agree to these terms of use, you must not use our website.
If you would like to contact us, please send an email to info@melayacacao.com
INFORMATION ABOUT US
This website is operated by Melaya Cacao (“Us”, “Our”, “We”, “Melaya Cacao”), KVK: 99670267 in the Netherlands by Melaya B.V., Kapelstraat 9, 5476 KV, Vorstenbosch, the Netherlands. Phone: +31683102577. Email: info@melayacacao.com
GENERAL INFORMATION
To help us provide an optimal website and service and to improve the loading speed of our site, we collect the following information in aggregated form: operating system, for example Macintosh or Windows, browser type, for example Navigator or Internet Explorer, IP address, and internet domain. Cookies are used to record your purchasing preferences each time you visit our site. The information we collect through our email registration form is simply your name and email address. This does not cost you anything, but it allows us to keep you informed about special offers that are not available to non-registered users.
We use the customer’s contact details provided on the order form for accounting purposes and to contact the customer when necessary, for example in case of customer service issues. If Melaya Cacao uses a third party to process the transaction, the following data may be shared with the provider to facilitate the transaction and or delivery of goods: email address, phone number, fax number, and payment details, including credit card information. Melaya Cacao also uses order information to send customers information about our company and our services. Demographic and profile data are used to provide aggregated customer profiles to our marketing partners and to help us create better service. This data is also used to tailor the experience of our visitors on our site, to display content we believe may be of interest, and to show content based on these preferences. Customers can unsubscribe from receiving future mailings at any time.
Information collected from competitions: from time to time, we organize competitions on our site. Customers’ contact details are used to contact them when necessary, for example to notify them if they have won, and customers are added to our mailing list for future announcements. Customers may unsubscribe from receiving future mailings at any time; please see the “Unsubscribe” section. Abbreviated or censored customer names and or email addresses may also be displayed on the competition winner page. We do not sell, share, trade, rent, or give away your personal information on our email lists.
Emails sent to Melaya Cacao may occasionally be used for testimonial purposes, but will be removed from the website upon request. Our site may from time to time contain links to other websites, and Melaya Cacao is not responsible for the privacy policies or the content of such websites. Requests for removal will be processed within 11 working days of the request. If you have any questions about this privacy statement, the practices of this site, or your dealings with Melaya Cacao, please contact us at info@melayacacao.com . Only one voucher, coupon, or gift card may be used per order. A minimum order amount may apply, and coupons cannot be used for multiple orders unless otherwise stated.
No contract will be formed between you and Melaya Cacao for the sale of any order unless and until Melaya Cacao confirms by email that your order has been dispatched.
IMPLEMENTATION OF THE AGREEMENT AND APPLICABLE LAW
The Company is a private limited liability company registered in the Netherlands. Unless otherwise stated, the material on this site is intended solely for visitors from the mainland of the Netherlands. Melaya Cacao does not represent that any products referred to in the materials on this site are appropriate for use, or available, in other locations. Those who choose to access this site from other locations are responsible for compliance with local laws, insofar as such laws apply. This Agreement is governed by Dutch law. You and we submit to the exclusive jurisdiction of the Dutch courts in relation to any disputes arising out of this Agreement. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
CONTENT
Melaya Cacao has taken reasonable care in compiling the content of this site. Nevertheless, to the fullest extent permitted by law, Melaya Cacao disclaims all warranties, whether express or implied, regarding the accuracy of the information contained in the materials on this site.
We shall not be liable for any loss or damage suffered by any user, whether in contract, tort including negligence, breach of statutory duty, or otherwise, even if foreseeable, arising out of or in connection with the use of, or inability to use, our website, or the use of or reliance on any content displayed on our website.
Melaya Cacao shall not be liable to any person for any loss or damage that may arise from the use of the information contained in any of the materials on this site.
Certain links on this site, usually in the form of a banner advertisement or icon, lead to websites that are not under the control of Melaya Cacao. When you activate one of these links, you leave the Melaya Cacao site. Melaya Cacao has no control over and accepts no responsibility or liability for the content on any website that is not under the control of Melaya Cacao.
LIMITATION OF LIABILITY
You agree that Melaya Cacao shall not be liable, whether in contract, tort, negligence, breach of statutory duty, or otherwise, for any:
- loss of profit, revenue, or goodwill, or any form of consequential, indirect, or special damage arising out of or in any way connected with this Agreement;
- direct loss or damage, including loss or damage that is reasonably foreseeable or natural, resulting from acts, omissions, interruptions, or delays occurring on or in connection with those parts of the internet that are not under the direct control of Melaya Cacao, including, but not limited to, damages for business loss, loss of revenue, non payment of amounts due, loss of profits, business interruption, loss of reputation, loss of business information, or any other financial loss, even if Melaya Cacao has been advised of the possibility of such loss or damage.
You also agree that, except to the extent liability is expressly excluded under any of the clauses, the maximum total liability of Melaya Cacao, whether in contract, tort, negligence, breach of statutory duty, or otherwise, even if Melaya Cacao has been advised of the possibility of such loss or damage, for any loss or damage arising out of or in any way connected with:
- any defect in a Product;
- any failure by Melaya Cacao to correctly or timely process signals, data, information, orders, or messages;
- the misdirection or non delivery of signals, data, information, messages, or orders from you to other persons or from other persons to you, or the distortion or corruption of any data or information contained therein;
- any liability not excluded under this Agreement shall, in respect of one or more events or series of events, whether or not connected, occurring within a period of twelve months, be limited, in the case of defects falling under Article;
- op de prijs van de relevante goederen en anders op €This limitation shall also apply in the event that any exclusion or other provision in this Agreement is deemed invalid for any reason and Melaya Cacao becomes liable for any loss or damage that would otherwise have been limited.
You agree and acknowledge that you are in a better position than Melaya Cacao to foresee and assess any potential damage or loss you may suffer in connection with the goods and services supplied by Melaya Cacao, and therefore Melaya Cacao cannot adequately insure against such liability. You warrant to Melaya Cacao that you will insure against, or otherwise bear yourself, any loss for which Melaya Cacao has excluded liability.
In sommige rechtsgebieden is de uitsluiting van bepaalde garanties of de beperking of uitsluiting van aansprakelijkheid voor incidentele schade of gevolgschade niet toegestaan.
INDEMNIFICATION
You shall Melaya Cacaoits subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, contractors, subcontractors, and third parties, collectively referred to as the “Indemnified Parties,” indemnified against any breach of these Terms of Use by you, from and against any liability, losses, rights, costs, loss of profits, business interruption, consequential damages, financial loss, claims, or legal proceedings, including but not limited to claims relating to defamation and infringement of intellectual property rights, and expenses, including legal costs, arising out of your use of the Melaya Cacao site or your purchase of goods and or services from that site, brought or threatened against Melaya Cacao, or suffered or incurred by Melaya Cacao by any other person or entity.including any use of Content other than as expressly permitted under these Terms of Use.
SHIPPING
Stated delivery times are estimates only, and Melaya Cacao shall not be liable for any delays, except to the extent caused intentionally or through negligence by Melaya Cacao.
Subject to the other provisions of these general terms and conditions, the Company shall not be liable for any indirect or consequential damage, including, without limitation, pure economic loss, loss of profit, business losses, reduction of goodwill, and or similar losses, costs, damages, charges, or expenses, whether caused directly or indirectly by any delay in the delivery of the Products.
If, for any reason, the Customer does not accept the Products when they are ready for delivery, or if Melaya Cacao is unable to deliver the Products on time because the Customer has not provided the appropriate instructions, documents, or authorisations:
- the risk in the Products shall pass to the Customer, except for loss or damage caused by the negligence of the Company;
- the Products shall be deemed to have been delivered;
RISK AND TITLE
The risk of loss of or damage to the goods shall pass to the Customer at the time the goods are delivered. If the Customer is not present to accept the goods at the agreed time of delivery, or if the Customer has not provided adequate delivery instructions to facilitate the delivery process, the risk shall pass to the Customer at the time when Melaya Cacao attempts to deliver the Products.
Privacy Policy
By using our site, you agree to the collection, use, and processing of your personal data by Melaya Cacao as described in this policy. Melaya Cacao is the sole owner of the information collected on this site and will not sell, share, or rent your personal information to third parties, except where necessary to provide a service requested by you, such as The sharing of customer data is limited to employees, subcontractors, or other companies that we have engaged to perform a service for us or on our behalf, or where we have your consent. Melaya Cacao may use information in the future for new, unforeseen purposes not yet described in our Privacy Policy. If our information practices change, we will always include those policy changes in our Privacy Statement on our site. Our use of your personal data will be in strict accordance with the General Data Protection Regulation (GDPR) for residents of the European Union and in compliance with other applicable data protection laws. You have the right to access, rectify, erase, and restrict the processing of your personal data, as well as the right to data portability and the right to object to data processing. For such requests, or if you have any questions about our data policy, you may contact us at info@melayacacao.com. We will retain your personal data only for as long as necessary for the purposes set out in this policy and to comply with our legal obligations. We will also take appropriate technical and organisational measures to protect your personal data against unauthorised or unlawful processing, accidental loss, destruction, or damage. By using the website, you agree that your data will be used in accordance with the Privacy Policy set out in this document. In the event of future changes to our privacy practices, we will update this policy and notify you as required by law, and we will obtain your consent where necessary.
AVAILABILITY
While we make every effort to ensure the availability of our website, we cannot guarantee that our website will always be available or that it will be free from errors or interruptions. Access to our website is provided on a temporary basis. We may restrict or suspend the availability of our website without notice in order to carry out maintenance or other updates. We accept no liability for any interruption or unavailability of our website.
COPYRIGHT
The copyright in this site belongs to Melaya Cacao or to the original authors of certain articles, advertisements, and other material. Reproduction in any form is permitted only with the permission of Melaya Cacao and in accordance with the copyright and intellectual property laws applicable to the site. The copyright and other intellectual property rights in all text, images, and other materials on this site are owned by Melaya Cacao or are included with the permission of the relevant owner.
IMPORTANT INFORMATION
From time to time, we may include advertisements and links to external sites. However, we have no control over the content of such sites or their privacy policies, which may differ from that of Melaya Cacao. The Melaya Cacao Privacy Policy does not apply to external sites, and we accept no responsibility or liability for the content, security, or privacy practices of such sites.
Melaya Cacao does not collect personally identifiable information about visitors to our site unless such information is voluntarily provided by the visitor. Information provided by visitors is used solely to respond to visitor inquiries and to process orders.
PRICE
All product prices on the website include tax or VAT, where applicable.
Prices for our products may be changed without prior notice.
We reserve the right to modify or discontinue the Service, or any part or content thereof, at any time without prior notice.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuation of the Service.
All prices are subject to typographical and printing errors. No liability is accepted for the consequences of such errors. In the event of typographical or printing errors, the Company is not obliged to supply the product at the incorrect price.
EXCLUSION OF WARRANTIES
We make every effort to ensure that the information on our website is accurate and up to date, but we make no warranty or representation, including but not limited to any implied warranty of merchantability or fitness for a particular purpose, regarding the accuracy, suitability, completeness, or timeliness of the information on our website. By using our website, you agree that the information provided is for general information purposes only and that you rely on it at your own risk. You agree that it is your responsibility to ensure that any products, services, or information available through our website meet your specific requirements.
GOVERNING LAW AND CONFIDENTIALITY
These general terms and conditions and all matters arising out of or in connection with them shall be governed by and interpreted in accordance with the laws of the Netherlands. Any disputes arising out of or in connection with these terms shall be submitted exclusively to the competent courts of the Netherlands.
Additional provisions for guests: By using our website as a guest, you confirm that you have read and understood these Terms of Use and that you agree to them.
Additional provisions for registered users: If you register as a user of our website, you confirm that the information you provide is true, accurate, and complete, and that you will update this information if it changes. Each registration is personal, and you may not share your username and password with anyone else or allow anyone else to use your username and password. You are responsible for all activities that occur under your username and password, and you must notify Melaya Cacao immediately if you become aware of any unauthorised access to or use of your username and password. We reserve the right to terminate or suspend your access to our website at any time, without prior notice and without liability to you, if we have reason to suspect that you have breached these Terms of Use.
In summary, the above terms describe the conditions governing the sale and use of the Melaya Cacao website. These terms apply to your use of the website and to any purchases of products from Melaya Cacao. Please note that the information provided is accurate at the time of publication, but we recommend reviewing the Privacy Policy and Terms of Use whenever you visit the website to check for any updates.
CONTACT INFORMATION
Questions regarding the Terms and Conditions may be sent to info@melayacacao.com. If you notice any ambiguities or unclear definitions in the Terms and Conditions, please let us know so that we can improve our operations.