Terms and Conditions for Customers Wine Trade Grand Cave

 

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the entrepreneur

Article   3 - Applicability

Article   4 - The offer

Article   5 - The Agreement

Article   6 - Right of withdrawal

Article   7 - Costs in case of withdrawal

Article   8 - Exclusion right of withdrawal

Article   9 - The price

Article 10 - Conformity and Warranty< /span>

Article 11 - Delivery and execution< /span>

Article 12 - Duration Transactions: Duration, Cancellation and Renewal

Article 13 - Payment

Article 14 - Complaints Procedure

Article 15 - Disputes

Article 16 - Additional or different provisions

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Article 1 - Definitions

In these terms:

 

1.    Reflection time: the period within which the consumer can make use of his right of withdrawal;

2.    Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur ;

3.    Day: calendar day;

4.    Transaction Duration: a distance contract with regard to a series of products and/or services, of which the delivery and/or purchase obligation ng is spread in time;

5.    Durable data carrier: any means that enables the consumer or entrepreneur to store information that is personally addressed to him on a way that allows future reference and unaltered reproduction of the stored information.

6.    Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;< /b>

7.    Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to use exercise his right of withdrawal.

8.    Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

9.    Remote match: an agreement whereby, within the framework of a system organized by the entrepreneur, for distance selling of a product and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

10. Remote communication technique: means that can be used to conclude an agreement, without the consumer and entrepreneur meeting in the same room at the same time.< /o:p>

11. Terms & Conditions: the present General Terms and Conditions of the entrepreneur.

 

Article 2 - Entrepreneur Identity

Wine Trade Grand Cave

Stationpark 8A 4462DZ Goes

Phone 0651963135  08:00 to 14:00

Email address: info@wijnhandelgrandcave.nl

Chamber of Commerce number: 55593801

VAT ID: NL001705315B63

 

 

Article 3 - Applicability

1.     These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between the entrepreneur and consumer.

2.     Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.

3.     If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be sent electronically to the consumer be made available in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise. o:p>

4.     In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can in the event of conflicting general terms and conditions terms and conditions always invoke the applicable provision that is most favorable to him.

5.     6.     7.     1.     If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

2.     The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

3.     The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.

4.     All images, specifications data in the offer are indicative and cannot lead to compensation or termination of the agreement.

5.     Product images are a true representation of the products on offer. Entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.

6.     Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

  • the price including taxes;
  • any shipping costs;
  • the way in which the agreement will be concluded and which actions to take are needed;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;< span class="NoneA">

       the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;

       the amount of the tariff for remote communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;

       whether the agreement will be archived after creation, and so on yes, how it can be consulted by the consumer;

       the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;

       any other languages ​​in which, besides Dutch, the agreement can be concluded;

       the codes of conduct to which the entrepreneur is subject and the manner on which the consumer can consult these codes of conduct electronically; en

       the minimum duration of the distance contract in case of a duration transaction.

 

 

 

 

 

Article 5 - The Agreement

1.     The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the associated conditions.

2.     If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the entrepreneur can consumer dissolve the agreement.

3.     If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

4.     The entrepreneur can inform himself - within legal frameworks - whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.< /span>

5.     The entrepreneur will provide the consumer with the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier, send:

a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;

b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about warranties and existing after-sales service;

d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;

e. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.

6.     In case of an expensive transaction, the provision in the previous paragraph only applies to the first delivery.

7.     Each agreement is entered into subject to the conditions precedent of sufficient availability of the products concerned.

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Article 6 - Right of withdrawal

Product delivery:

1.      When purchasing of products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur. p>

2.      During the cooling-off period the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. /o:p>

3.      If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receipt of the product. The consumer must make this known by means of the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days.The consumer must prove that the delivered goods have been returned in time, for example by means of proof of shipment. :p>

4.      If the customer after expiry of the periods mentioned in paragraphs 2 and 3 has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to the entrepreneur, the purchase is a fact.

On delivery:

5.      Shipped with services, the consumer has the option to dissolve the agreement without stating reasons during at least 14 days, commencing on the day of entering into the agreement.

6.      To make use of his right of withdrawal, the consumer will refer to the information provided by the entrepreneur with the offer and/or at the latest at reasonable and clear instructions provided in the delivery.

 

Article 7 - Costs in case of withdrawal

1.     If the consumer makes use of his right of withdrawal, the maximum costs of return will be for his account.

2.     If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted. Refunds will be made via the same payment method used by the consumer unless the consumer expressly consents to another payment method.

3.     In case of damage to the product due to careless handling by the consumer, the consumer is liable for any depreciation of the product.

4.     The consumer cannot be held liable for depreciation of the product if the entrepreneur does not all legally required information about the right of withdrawal has been provided, this must be done before the conclusion of the purchase agreement.

 

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Article 8 - Exclusion right of withdrawal

1.     The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur clearly stated in the offer, at least in time for the conclusion of the agreement.

2.     Exclusion of the right of withdrawal is only possible for products:

a. that have been established by the entrepreneur in accordance with the consumer's specifications;

b. which are clearly personal in nature;

c. which by their nature cannot be returned;

d. that can spoil or age quickly;

e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

i. Old and exclusive wines and Port older than 10 years 

3.     Exclusion of the right of withdrawal is only possible for services:

a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;

b. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;

c. concerning bets and lotteries.

 

 

Article 9 - The price

During the validity period stated in the offer the prices of the products and/or services offered are not increased, except for price changes as a result of changes in VAT rates.

2.      Notwithstanding the previous member, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.

3.      Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

4.      Price increases from 3 months after the conclusion of the agreement is only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.

5.      The in the range of products or services mentioned prices include VAT.

6.      All prices are subject to change of printing and typesetting errors. The consequences of printing and typesetting errors are not coveredliability accepted. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

 

Article 10 - Conformity and Warranty

1.      The entrepreneur stands ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. writings. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

2.      A by the The warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

3.      Any flaws or Incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.

4.      The warranty period of the entrepreneur agrees with the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.< /span>

5.      The warranty does not apply if:

·       The consumer has repaired and/or processed the delivered products itself or has had them repaired and/or processed by third parties;

·       The delivered products have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;

       The fault is wholly or partly the result of government regulations or will make with regard to the nature or quality of the materials used.

 

Article 11 - Delivery and execution

1.      The entrepreneur will be the largest exercise due care when receiving and executing orders for products and when assessing applications for the provision of services.

2.     The place of delivery is the address that the consumer has made known to the company.

3.      With due observance of the above stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.

4.      All lead times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.

5.      In case of termination according to In paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.

6.      If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are for the account of the entrepreneur.

7.      The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expresslyseems otherwise agreed.

 

Article 12 - Duration transactions: duration, cancellation and renewal< span style="color: #ffd966; mso-themecolor: accent4; mso-themetint: 153;">

Cancellation

1.     The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed conditions. cancellation rules and a notice period of no more than one month.

2.     The consumer may enter into an agreement for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the termination with due observance of the agreed cancellation rules and a notice period of no more than one month.

3.            cancel at any time and not be limited to cancellation at a specific time or period;

       at least denounce in the same manner as they entered into by him;

       always cancel with the same notice period as the entrepreneur for himself has stipulated.

Extension

4.     An agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.

4.     Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and periodicals may be tacitly extended for a certain period of time. duration of a maximum of three months, if the consumer can cancel this extended agreement towards the end of the extension with a notice period of no more than one month. nd.

5.     An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the settled, but less than once aal per month, delivery of daily, news and weekly newspapers and magazines.

6.     7.     If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

 

Article 13 - Payment

1.      Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the event of an agreement to provide a service, this period starts after the consumer has received confirmation. of the agreement.

2.      The consumer has a duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.

3.      In case of default of subject to legal restrictions, the consumer has the right to charge the entrepreneur the reasonable costs made known in advance to the consumer.

 

Article 14 - Complaints procedure

1.     The entrepreneur has a sufficiently published complaints procedure and handles the complaint in accordance with this complaints procedure.

2.     Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.

3.     Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the consumer can expect a more detailed answer. /span>

4.     5.   1.      In case of complaints, aconsumer should first turn to the entrepreneur. If the web store is affiliated with Stichting WebwinkelKeur and in the event of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (www.webwinkelkeur.nl). ), who will mediate for free. Check whether this webshop has an ongoing membership via https://www.webwinkelkeur.nl/leden/. If a solution is not yet reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Onsubmitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

6.     A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

7.     If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.< /span>

 

Article 15 - Disputes

1.      On agreements between the entrepreneur and the consumer to whom these general terms and conditions apply, only Dutch law applies. Even if the consumer lives abroad.

2.      The Vienna Sales Convention is not applicable.

 

Article 16 - Additional or different provisions

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be submitted in writingto be recorded or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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Click the link below for the withdrawal form 

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