Terms of service

ENGLISH: GENERAL TERMS AND CONDITIONS - PRIVATE CLIENTS/ WEB SHOP

Table of Contents

  • Article 1: Applicability
  • Article 2: Offers
  • Article 3: Contract
  • Article 4: Right of Withdrawal
  • Article 5: Instructions on Withdrawal
  • Article 6: Exclusion of the Right of Withdrawal
  • Article 7: Obligations of Vintners Wines in the event of Withdrawal
  • Article 8: Price Changes
  • Article 9: Delivery
  • Article 10: Force majeure or Unforeseen Circumstances
  • Article 11: Payment
  • Article 12: Age Limit
  • Article 13: Intellectual Property
  • Article 14: Complaints Procedure
  • Article 15: Dispute Resolution

Article 1 - Applicability

  1. These General Terms and Conditions are applicable to every offer and every distance contract concluded between Vintners Wines and the Consumer, including via the webshop http://www.vintnerswines.nl/.
  2. Before the distance contract is concluded, the text of these General Terms and Conditions will be made available to the Consumer by electronic means in such a way that they can be easily stored by the Consumer. If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be viewed electronically and that, at the Consumer's request, they will be sent electronically or otherwise free of charge.
  3. In case specific terms and conditions of a product or service apply in addition to these General Terms and Conditions, the specific terms and conditions will prevail. In the event of conflicting terms and conditions, Vintners Wines can always appeal to the applicable provision which is the most favourable for the seller.

Article 2 - Offers

  1. If an offer has a limited period of validity or is conditional, this will be expressly stated in the offer.
  2. Although the website of Vintners Wines was designed with the greatest care, it is possible that characteristics of products (price, appearance, allergen declaration, product information, supplier information, alcohol percentage, volume) may not be displayed or depicted correctly. In that case, the characteristics displayed on the packaging of the product itself apply and the Consumer cannot claim delivery based on incorrectly displayed information. Furthermore, changes in price and/or range and printing errors are reserved. Obvious mistakes or obvious errors in the offer are not binding for Vintners Wines.

Article 3 - The Contract

  1. The contract is concluded at the moment the Consumer accepts the offer and fulfils the terms and conditions set. If the Consumer has accepted the offer electronically, Vintners Wines will immediately confirm the receipt of the acceptance of the offer electronically. If the Consumer has accepted the offer electronically, Vintners Wines will immediately confirm receipt of the acceptance of the offer electronically.
  2. Vintners Wines can, within legal frameworks, inform itself of the Consumer’s ability to fulfil their payment obligations as well as of all those facts and factors which are important for a responsible conclusion of the distance contract. If, based on this information, Vintners Wines has good reason not to enter into the contract, it is entitled to refuse an order or request with reasons or to attach special terms and conditions to the execution.

Article 4 - Right of Withdrawal

  1. If, within 14 days after receipt of the order, the Consumer has second thoughts about certain products, the Consumer can, stating reasons, return the products to Vintners Wines.
  2. In the event of breakage or incorrectly delivered products, the Consumer can be credited for the amount of the product in question or have the product delivered again. In case of breakage, the product will only be credited or delivered again if the breakage is reported to Vintners Wines at the latest the next working day following the day of delivery.
  3. Returns will only be accepted if the original packaging and contents including the product label are undamaged.
  4. During the cooling-off period, the Consumer will handle the product and its packaging with care. The principle here is that the Consumer may only inspect the product as they would be allowed to do in a shop.

Article 5 – Instructions on Withdrawal

  1. If the Consumer makes use of their right of withdrawal, they must report this to Vintners Wines within the cooling-off period.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer will send back the product or hand it over to Vintners Wines.
  3. The Consumer will return the product with all delivered accessories, in original condition and packaging, and in accordance with the reasonable and clear instructions provided by Vintners Wines.
  4. The risk and burden of proof of the correct and timely exercise of the right of withdrawal will lie with the Consumer. The Consumer will bear the direct costs of returning the product.

Article 6 - Exclusion of the Right of Withdrawal

  1. Vintners Wines excludes the following products from the right of withdrawal:
    • products that spoil quickly or have a limited life span;
    • sealed products which are not suitable for return due to reasons of health protection or hygiene and of which the seal has been broken after delivery;
    • products which, after delivery, are irrevocably mixed with other products due to their nature;
    • alcoholic beverages of which the price was agreed upon at the conclusion of the contract, but can only be delivered after 30 days and of which the actual value is dependent on fluctuations of the market which Vintners Wines has no influence over.

Article 7 - Obligations of Vintners Wines in the event of Withdrawal

  1. If the Consumer communicates the withdrawal, Vintners Wines will send an acknowledgement of receipt without delay after receiving this notification.
  2. Vintners Wines uses the same means of payment for the refund as the Consumer has used unless the Consumer agrees to a different method. The refund will take place within 14 days after receipt of the return shipment.

Article 8 - Price Changes

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. Contrary to the previous paragraph, Vintners Wines can offer variable prices for products or services of which the prices are linked to fluctuations in the financial market on which Vintners Wines has no influence. This link to fluctuations and the fact that any prices mentioned are recommended prices are mentioned in the offer.
  3. The prices mentioned in the offer of products or services include VAT.

Article 9 - Delivery

  1. Vintners Wines will observe the greatest possible care when receiving and executing orders for its products.
  2. The place of delivery is the address the Consumer has given to Vintners Wines.
  3. Vintners Wines will execute accepted orders with efficient speed but at the latest within 30 days unless another delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed or can only be executed partially, the Consumer will be informed about this within 30 days after the order was placed. In that case, the Consumer has the right to dissolve the contract free of charge.
  4. After dissolution in accordance with the previous paragraph, Vintners Wines will refund the amount paid by the Consumer without delay.

Article 10 – Force Majeure or Unforeseen Circumstances

  1. Vintners Wines is entitled to postpone the delivery of products if there is force majeure or unforeseen circumstances that make it impossible to execute current orders on time without additional effort. In the event of force majeure or unforeseen circumstances, Vintners Wines is entitled to dissolve the contract fully or partially without judicial intervention and without compensation for damages. In the case of a temporary suspension, Vintners Wines remains entitled to dissolve the contract partially or completely after the lapse of time.
  2. The situations as referred to in paragraph 1 include, but are not limited to: extreme weather conditions, war, riots, strikes, personnel disputes, pandemics, unforeseen availability, unforeseen operational disturbances, unforeseen price increases, fire, explosion, flooding, sabotage, import or export impediments by authorities or third parties, compliance with legislation and regulations or any other event beyond the reasonable control of Vintners Wines.
  3. If the Consumer cannot reasonably expect delivery of the products by Vintners Wines due to a situation of force majeure, the Consumer is entitled to dissolve the contract (in writing) without legal intervention. Vintners Wines will not compensate any damage to the Consumer in the event of dissolution due to force majeure.

Article 11 - Payment

  1. Unless otherwise stipulated in the contract or additional terms and conditions, the amounts owed by the Consumer should be paid within 14 days after the start of the withdrawal period, or in the absence of a withdrawal period, within 14 days of the conclusion of the contract.
  2. The Consumer has the duty to report immediately to Vintners Wines any inaccuracies in payment details provided or mentioned.
  3. The Consumer will owe the legal interest on the amount owed if their payment obligation(s) are not fulfilled in time, after Vintners Wines has pointed out the late payment and Vintners Wines has granted the Consumer a period of 14 days to still fulfil their payment obligations, and after the non-payment within this 14-day period; Vintners Wines is entitled to charge the extrajudicial collection costs it incurred. These collection costs amount to a maximum of 15% of the outstanding amounts up to EUR 2,500, 10% on the following EUR 2,500 and 5% on the following EUR 5,000 with a minimum of EUR 40.

Article 12 – Age Limit

  1. When the Consumer visits the website of Vintners Wines, the Consumer must first enter their age before continuing to the website.
  2. Upon delivery of the order, the delivery person will ask the Consumer for identification if there is any doubt about the age of the person to whom the order is being delivered. The age check applies in any case to 25 years.
  3. If the minimum age requirement has not been met, the delivery person will be obliged to refuse delivery of the products. If the order cannot be delivered because it could not be established that the age requirement had been met, a cancellation fee of EUR 25 will be charged.

Article 13 – Intellectual Property

  1. All intellectual property rights concerning the website, including those concerning the software, texts, images and sounds belong to Vintners Wines and/or to the person from whom Vintners Wines obtained a licence. This means, among other things, that it is not permitted to make public, reproduce and/or edit the information contained on the website without the permission of Vintners Wines, except for personal use.

Article 14 - Complaints Procedure

  1. Complaints about the execution of the contract must be submitted fully and clearly described to Vintners Wines within reasonable time after the Consumer has discovered the defects.
  2. Complaints submitted to Vintners Wines will be responded to within a period of 14 days starting from the date of receipt. If a complaint requires a foreseeably longer processing time, Vintners Wines will respond within the 14-day period with a notice of receipt and an indication of when the Consumer can expect a more detailed response.
  3. The Consumer must give Vintners Wines at least four weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is open to the dispute resolution procedure.

Article 15 - Dispute Resolution

  1. Dutch law is exclusively applicable to contracts between Vintners Wines and the Consumer, subject to these General Terms and Conditions apply.
  2. Disputes between the Consumer and Vintners Wines about the conclusion or execution of contracts are submitted to the District Court of North-Holland, location Amsterdam.