Article 1 - Definitions
In these conditions:
- Entrepreneur : the natural or legal person who offers products and / or services to consumers at a distance;
- Consumer : the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur;
- Distance contract : an agreement whereby, within the framework of a system organized by the entrepreneur for distance selling of products and / or services, up to and including the conclusion of the agreement only one or more techniques for distance communication are used;
- Technology for distance communication : means that can be used for concluding an agreement, without the consumer and trader being in the same room at the same time;
- Cooling-off period : the period within which the the consumer can use his right of withdrawal;
- Right of withdrawal : the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
- Day : calendar day;
- Transaction duration : a distance contract relating to a series of products and / or services, of which the supply and / or purchase obligation is spread over time;
- Durable data carrier : any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that makes future consultation and unaltered reproduction of the stored information possible.
Article 2 - Identity of the entrepreneur
Boonstoppel Wijnen VOF, also trading under the name Het Wijnportaal
Ceramstraat 104, 3312 SJ Dordrecht
We are available from Tuesday to Friday between 10 am and 6 pm, and on Saturday from 9 am to 5 pm
E-mail address: [email protected]
Chamber of Commerce number: Kvk 69498520
VAT identification number: NL001231909B89
Article 3 - Applicability
- These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
Only Dutch law applies to all offers and agreements, the applicability of the Vienna Sales Convention is explicitly excluded. All disputes that arise between the parties will be submitted to the competent court in the district of Dordrecht.
Article 4 - The offer
- If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
- The offer contains a complete and accurate description of the offered products and / or services. 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 reflection of the offered products and / or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Article 5 - The contract
- The agreement is, subject to the provisions of paragraph 4, concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer can dissolve the agreement.
- If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
- The entrepreneur can - within legal frameworks - inform 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 the entrepreneur based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request, motivated or to attach special conditions to the execution.
- With the product or service the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
a. the visiting address of the business location of the trader where the consumer can go with complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. the information about existing service after purchase and guarantees;
d. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. If the entrepreneur has undertaken to deliver a series of products or services, the provision in the previous paragraph only applies to the first delivery.
7. By ordering these products, the other party declares that he has at least the age of 18 years.
8. The Purchase Agreement between the Wine Portal and the buyer comes about under the condition precedent that the article is (still) in stock (op = op) or the article by the supplier, of which Het Wijnportaal is dependent, can (still) be delivered. If the condition precedent is not fulfilled and delivery of the item is impossible because the relevant article is no longer available, Het Wijnportaal will notify the buyer as soon as possible. In that case, the buyer is entitled to the free refund of the amount paid by him to Het Wijnportaal, which will be returned as soon as possible and no later than 30 days after the notification of The Wine Portal. The buyer is not entitled to any compensation.
9 The Wine Portal is not obliged to execute an order, nor to compensate any damage suffered by the buyer if it has made a mistake in the presentation of the article, the formulation of its properties or in the indication of the price. and i) it should have been clear to the buyer that in the case in question there was a misprint, or ii) when under the given circumstances the buyer could not reasonably have been confident that the Wine Portal with this property for those goods would deliver or deliver price.
Article 6 - Right of withdrawal upon delivery of products
1. When purchasing products, the consumer has the option to terminate the contract without giving any reason within seven working days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent that is 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 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.
Article 7 - Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, the costs of returning the goods are at the most.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or cancellation.
Article 8 - Exclusion of right of withdrawal
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
(a) which have been created by the trader in accordance with the consumer's specifications;
b) that are clearly personal in nature;
c) which by their nature can not be returned;
d) that can spoil or age quickly;
e) the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
f) for individual newspapers and magazines;
g) for audio and video recordings and computer software of which the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
a) on accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
b) the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
c) concerning betting and lotteries.
Article 9 - The price
- During the period mentioned in the offer, the prices of the offered products and / or services will not be increased, except for price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and where the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any mentioned prices are target prices are mentioned in the offer.
- Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a) they are the result of legal regulations or provisions; or
b) the consumer has the authority to terminate the contract by the day on which the price increase takes effect.
- The prices mentioned in the range of products or services include VAT. Unless explicitly agreed otherwise, no transport costs, insurance costs, levies and rates other than VAT are included in the price.
Article 10 - Conformity and Guarantee
- The entrepreneur warrants that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and / or usability and the legal provisions existing on the date of the conclusion of the agreement. / or government regulations.
- An arrangement offered by the entrepreneur, manufacturer or importer as a guarantee does not affect the rights and claims that the consumer can enforce against the entrepreneur in respect of a shortcoming in the fulfillment of the obligations of the entrepreneur by virtue of the law and / or or the distance contract.
Article 11 - Delivery and execution
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without penalty and the right to any compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount that the consumer has paid as soon as possible but no later than 30 days after termination.
- If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest at the time of 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 return shipment are for the account of the entrepreneur.
- The risk of damage and / or loss of products rests until the moment of delivery to the consumer at the entrepreneur, unless expressly agreed otherwise.
Article 12 - Duration transactions
- The consumer can terminate an agreement that has been concluded for an indefinite period at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
- A contract that has been entered into for a definite period has a maximum term of two years. If it has been agreed that the distance contract will be extended if the consumer is silent, the agreement will be continued as a contract for an indefinite period and the notice period after continuation of the agreement will be a maximum of one month.
Article 13 - Payment
- Insofar as not later agreed, the amounts owed by the consumer must be paid within fourteen days after delivery of the good or in case of an agreement to provide a service, within 14 days after issuance of the documents relating to this agreement.
- When selling products to consumers, a prepayment of more than 50% can never be stipulated in general terms and conditions. If payment in advance is stipulated, the consumer can not assert any rights regarding the execution of the order or service (s), before the stipulated advance payment has taken place.
- The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
- In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.
Article 14 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
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 respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer .
Article 15 - Additional or deviating provisions
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.