General Terms and Conditions

Article 1 – Applicability and definitions

1.1 These general terms and conditions apply to all offers, orders, adoptions, subscriptions and other agreements concluded through adoptacoffeetree.com or directly with Adopt a Coffee Tree.

1.2 Deviations from these terms and conditions are only valid if Adopt a Coffee Tree and the customer have agreed them in writing.

1.3 If a provision of these terms and conditions conflicts with mandatory consumer law, the applicable mandatory law shall prevail and the remaining provisions shall remain in force as far as possible.

1.4 In these terms and conditions, “the coffee plantation” means the coffee plantation used by Adopt a Coffee Tree for the relevant adoption on which the coffee tree assigned to the customer is grown.

1.5 “Adoption year” means a continuous period of twelve months within the chosen term, calculated from the commencement date of the agreement or another date stated in the order confirmation.

1.6 “Customer” means the natural person or legal entity that enters into an agreement.

1.7 “Consumer” means a natural person who is not acting in the course of a profession or business.

Article 2 – Offer and conclusion of the agreement

2.1 Before the order is placed, the offer on the website states the essential characteristics of the selected adoption, the applicable term, the price, what is included in the price and, where applicable, the conditions of a temporary promotion or offer.

2.2 An agreement is concluded after the customer has placed the order, any required first payment has been completed successfully and Adopt a Coffee Tree has confirmed the order electronically.

2.3 The customer receives the contract details and these general terms and conditions in a form that can be stored and consulted later.

2.4 Obvious mistakes, evident pricing errors or technical errors on the website do not bind Adopt a Coffee Tree where an average customer should have understood that an error had occurred.

2.5 A personal tree number or tree code requested by the customer is final only after Adopt a Coffee Tree has confirmed its availability.

Article 3 – Nature of the adoption

3.1 Through the adoption, the customer receives, for the agreed term, a personal contractual link to one or more numbered coffee trees on the coffee plantation.

3.2 Depending on the selected offer, the adoption may include, among other things, a numbered coffee tree, a personal online tree page, access to available camera images, the annual harvest of the tree, processing and roasting of that coffee, packaging, shipping and a digital adoption certificate.

3.3 The adoption does not constitute a legal transfer of ownership of the coffee tree, land, crop while still on the plant, buildings or other property on or belonging to the coffee plantation. The customer acquires only the contractual rights described in the offer and these terms and conditions.

3.4 The adoption is not a lease, rental, usufruct, investment, financial product, participation or share in the coffee plantation or in Adopt a Coffee Tree.

3.5 The owner and manager of the coffee plantation remain responsible for all agricultural, operational and safety decisions on the coffee plantation.

Article 4 – Term and fixed-term agreement

4.1 An adoption is entered into for the fixed term stated with the selected offer before ordering and recorded in the order confirmation.

4.2 If a price advantage or other benefit applies to a longer fixed term, this will be clearly stated with the relevant offer before the order is placed. The agreed benefit will be shown in the order confirmation.

4.3 The selected fixed term ends automatically at the end of the agreed period unless the parties expressly enter into a new agreement. There is no automatic renewal for a new fixed term.

4.4 During the selected fixed term there is no ordinary right to terminate early, except to the extent mandatory applicable law provides otherwise.

Article 5 – Prices, payment and any additional trees

5.1 The price applicable to the customer is clearly stated before ordering and recorded in the order confirmation. Consumer prices are shown including applicable taxes. Any shipping charges or other additional costs are clearly stated before the order is placed.

5.2 If the selected adoption is paid per adoption year, each annual instalment is charged in advance of the relevant adoption year in accordance with the payment method agreed when ordering.

5.3 Direct debit or recurring card payment is used only where the customer has given the legally required authorisation. Without such authorisation, the customer will, where applicable, receive a payment request for a subsequent instalment.

5.4 If the customer can add one or more additional paid trees during ordering, the applicable price, term and other conditions are clearly stated before the order is placed and recorded in the order confirmation.

5.5 Unless expressly agreed otherwise when ordering, an additional paid tree follows the same term and payment cycle as the main adoption.

5.6 In the event of late payment, a consumer will first receive the legally required payment reminder before extrajudicial collection costs may be charged. Adopt a Coffee Tree also retains its statutory rights in the event of non-payment.

Article 6 – The coffee tree and expected harvest

6.1 A coffee tree is a living agricultural product. The quantity and quality of the harvest vary by tree and by harvest year.

6.2 Any expected harvest stated on the website, in the FAQ or in other communications is a guideline only and not a guaranteed minimum weight, unless a guarantee is expressly included in the order confirmation.

6.3 The actual yield may be higher or lower due to, among other things, weather conditions, flowering, the age and condition of the tree, diseases, pests, pruning, natural variation and other agricultural circumstances.

6.4 If an assigned tree dies, becomes seriously ill, has to be removed or becomes structurally insufficiently productive, Adopt a Coffee Tree may assign another comparable productive tree without additional adoption charges. The customer will be informed and will receive a new tree number.

6.5 Small natural differences in taste, aroma, colour, roast, quantity and appearance do not in themselves constitute a defect.

Article 7 – Harvest, processing, roasting and delivery

7.1 The harvest is delivered after the relevant coffee has been harvested, processed, dried, selected, roasted and packed. The timing is linked to the natural harvest season on the coffee plantation.

7.2 Harvest and delivery times are therefore indicative unless a specific delivery date has been guaranteed in writing.

7.3 The shipping method, any shipping charges and supported destinations applicable to the order are clearly stated before the order is placed. The shipping arrangements included in the order confirmation form part of the agreement.

7.4 The customer is responsible for providing a complete and correct delivery address and for notifying address changes in good time.

7.5 If a shipment cannot be delivered or is returned because of an incorrect or incomplete address supplied by the customer, reasonable costs of reshipping may be charged to the customer.

7.6 If delivery is temporarily delayed by export, import, customs or transport restrictions, Adopt a Coffee Tree will inform the customer as soon as reasonably possible.

Article 8 – Personal tree page and camera images

8.1 The personal tree page and camera images are additional digital parts of the adoption intended to increase the customer’s involvement with the tree and the coffee plantation.

8.2 Where the technical setup supports this, a camera may be directed to the assigned coffee tree using a preset position. Adopt a Coffee Tree does not guarantee that every tree can be viewed individually or unobstructed at all times.

8.3 Adopt a Coffee Tree does not guarantee uninterrupted 24-hour availability of cameras, livestreams, the personal tree page or internet connections.

8.4 Temporary outages may be caused by maintenance, power or internet failures, weather conditions, technical faults, cybersecurity measures, work on the coffee plantation or necessary relocation of equipment.

8.5 Adopt a Coffee Tree may replace, relocate or modify cameras, camera positions, servers, software and technical infrastructure where necessary for maintenance, safety, privacy or improvement of the service.

8.6 A short-term or occasional technical failure does not in itself create a right to a price reduction or refund. In the event of prolonged material failure, the customer’s statutory rights apply.

Article 9 – Tree number and replacement

9.1 If the website offers this option, a customer may request a preferred tree code or tree number. A preferred code is assigned only after Adopt a Coffee Tree has confirmed it.

9.2 Adopt a Coffee Tree may replace or renumber a tree for agricultural, technical, safety or management reasons. Where possible, a comparable tree will be assigned and the personal history on the tree page will be preserved.

9.3 A tree number is an identification tool within the adoption project and does not confer ownership or a registered right in the physical tree.

Article 10 – Gift adoptions

10.1 An adoption may be ordered as a gift. The person placing the order remains the contractual customer and is responsible for payment unless Adopt a Coffee Tree confirms in writing that the agreement has been transferred to the recipient.

10.2 A digital adoption or gift certificate has no independent monetary value and cannot be exchanged for cash separately from the underlying agreement.

10.3 If personal data of the recipient are provided, the purchaser declares that those data may lawfully be used to perform the gift adoption.

Article 11 – Visits and stays on the coffee plantation

11.1 The adoption does not automatically confer a right of access to, stay on or use of the coffee plantation.

11.2 A visit or stay must be booked separately and is subject to availability, local circumstances and any additional conditions.

11.3 Accommodation, excursions, transport or other additional services may be subject to a separate agreement.

Article 12 – Right of withdrawal for distance contracts

12.1 The statutory rules for distance contracts apply to consumers. To the extent the law provides a right of withdrawal, the consumer may withdraw from the agreement within the statutory cooling-off period without giving reasons.

12.2 Before or at the latest when the agreement is concluded, the consumer receives information about the applicable cooling-off period, the method of withdrawal and any statutory exceptions.

12.3 Withdrawal can be exercised, among other ways, through the clear online withdrawal function on adoptacoffeetree.com, by email to info@adoptacoffeetree.com or by using the model form attached to these terms and conditions.

12.4 If the consumer expressly requests a service to begin during the cooling-off period, the statutory rules on services already performed and any proportionate payment apply.

12.5 Adopt a Coffee Tree relies on a statutory exception to the right of withdrawal only where that exception actually applies and the consumer was informed of it in the legally required manner before the agreement was concluded.

12.6 Withdrawal is separate from later early termination during a fixed term; after the statutory cooling-off period, the agreed fixed term applies, subject to mandatory statutory rights.

Article 13 – Termination, dissolution and end of the agreement

13.1 A fixed-term adoption ends automatically at the end of the selected fixed term.

13.2 Before the end date, a customer may state that they do not wish to enter into a new adoption after the fixed term. A new fixed term arises only through a new express agreement.

13.3 During the fixed term, the customer may terminate or dissolve the agreement in cases where the law permits this, for example if Adopt a Coffee Tree fails to remedy a material breach after a reasonable opportunity to do so.

13.4 A notice of termination or request to end the agreement may in any event be made in writing or by email to info@adoptacoffeetree.com and, where the agreement was concluded online, through the available online function.

13.5 To the extent mandatory law grants a consumer more favourable termination or cancellation rights, those rights prevail.

Article 14 – Customer obligations

14.1 The customer provides correct and complete contact, billing, payment and address details and keeps them up to date during the term.

14.2 The customer uses personal access links, camera controls and tree pages carefully, solely for personal use and not for other or unlawful purposes.

14.3 The customer may not take actions that disrupt the security, availability or operation of the website, cameras, servers or other systems.

14.4 The customer reports errors in address details, tree assignment or contact details as soon as reasonably possible after discovering them.

Article 15 – Force majeure and agricultural risks

15.1 Adopt a Coffee Tree is not liable for delay or temporary inability to perform caused by circumstances reasonably beyond its control.

15.2 These may include extreme weather, drought, exceptional rainfall, storms, landslides, fire, natural disasters, plant diseases, pests, crop failure, strikes, transport problems, war, government measures, export or import restrictions and prolonged power, telecommunications or internet outages.

15.3 In a force-majeure situation, Adopt a Coffee Tree will take reasonable measures to limit the consequences for the customer and will communicate material delays as soon as reasonably possible.

15.4 If a material part of the agreement becomes permanently impossible to perform, the parties will seek a reasonable solution, for example replacement of the tree, delivery in a later harvest cycle, an equivalent alternative performance or refund of the unperformed part, with due regard to the consumer’s statutory rights.

Article 16 – Conformity and complaints

16.1 Adopt a Coffee Tree warrants that products and services supplied meet what the customer may reasonably expect under the agreement and applicable law.

16.2 Complaints may be submitted to info@adoptacoffeetree.com. Preferably include the order number, tree number and a clear description of the complaint.

16.3 Adopt a Coffee Tree aims to provide a substantive response to complaints within 14 days. If more time is needed, the customer will be informed.

16.4 Failure to report a complaint immediately does not affect a consumer’s statutory rights.

Article 17 – Liability

17.1 Adopt a Coffee Tree is liable for damage to the extent such liability arises from mandatory law.

17.2 Nothing in these terms excludes liability for damage caused by intent or deliberate recklessness on the part of Adopt a Coffee Tree or liability that may not legally be limited or excluded.

17.3 The liability of Adopt a Coffee Tree, except in cases of intent or deliberate recklessness and to the extent legally permitted, is limited to the amount paid for the relevant adoption year.

Article 18 – Intellectual property and use of visual material

18.1 All rights to texts, photographs, videos, logos, designs, camera images, software and other content of adoptacoffeetree.com, Café Maricita and the adoption project belong to Adopt a Coffee Tree or its licensors unless otherwise stated.

18.2 The customer may share images and information from their own tree page for normal private use, provided this does not infringe third-party rights and does not create the impression of a commercial partnership that does not exist.

18.3 Systematic recording, scraping, resale, commercial republication or automated processing of camera images or website content is not permitted without prior written permission.

Article 19 – Privacy and personal data

19.1 Adopt a Coffee Tree processes personal data in accordance with applicable privacy law and the privacy policy on adoptacoffeetree.com.

19.2 Personal data are processed only for purposes connected with, among other things, ordering, payment, delivery, customer service, the personal tree page, gift adoption and statutory obligations, insofar as a legal basis exists.

19.3 When placing and using cameras, account is taken of the privacy of employees, visitors, neighbours and other third parties. Customer camera functions are primarily aimed at the coffee plantation and coffee trees and not at tracking people.

Article 20 – Changes to the terms and conditions

20.1 Adopt a Coffee Tree may amend these terms and conditions for future agreements.

20.2 For an ongoing agreement, the terms and conditions applicable when that agreement was concluded will in principle continue to apply.

20.3 A change during an ongoing agreement will be applied only insofar as legally permitted, reasonable and justified by the nature of the agreement. Mandatory consumer rights remain fully applicable.

20.4 The current version of the terms and conditions is available on adoptacoffeetree.com and can be stored or downloaded.

Article 21 – Dutch law and disputes

21.1 The agreement and these general terms and conditions are governed by Dutch law.

21.2 The choice of Dutch law does not deprive a consumer residing in another country of the protection of mandatory consumer rules that apply to that consumer under applicable private international law.

21.3 The parties will first attempt to resolve a complaint or dispute by mutual consultation.

21.4 Disputes with consumers will be submitted to the court that has jurisdiction under the law.

21.5 For disputes with business customers, insofar as legally permitted, the competent court of the District Court of Midden-Nederland is designated.

Article 22 – Final provisions

22.1 If a provision is wholly or partly void, voidable or otherwise unenforceable, the remaining provisions remain in force.

22.2 Where necessary, the parties will replace an invalid provision with a valid provision that reflects the purpose and intent of the original provision as closely as possible.

22.3 The Dutch text of these terms and conditions is the original version. Translations may be offered for convenience. In the event of differences of interpretation, the Dutch text prevails insofar as legally permitted.

22.4 These terms and conditions have been prepared for use by Adopt a Coffee Tree, a trade name of La Casita B.V., Chamber of Commerce no. 30204384.

Appendix – Model withdrawal form

Use this form only if you wish to withdraw from the agreement. You may also use the online withdrawal function on adoptacoffeetree.com or send a clear email to info@adoptacoffeetree.com.

To: Adopt a Coffee Tree

Email: info@adoptacoffeetree.com

I hereby give notice that I withdraw from our agreement concerning the following adoption/order: ____________________________________________

Ordered on / agreement concluded on: ____________________________________________

Order number: ____________________________________________

Consumer name: ____________________________________________

Consumer address: ____________________________________________

Email address: ____________________________________________

Date: ____________________________________________

Signature (only if sent on paper): ____________________________________________