Terms and conditions

Index:

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 guarantee

Article 11 – Delivery and execution

Article 12 – Duration transactions: duration, cancellation and extension

Article 13 – Payment

Article 14 – Complaints procedure

Article 15 – Disputes

Article 16 – Additional or different provisions

Article 1 – Definitions 

In these terms and conditions the following terms are defined: 

  1. Time of consideration: The term in which a customer can use the right to withdrawal of the product. 
  2. Customer: the person that does not act on behalf of a profession or company and reaches an agreement on a remote with the entrepreneur. 
  3. Day: Calendar day 
  4. Duration of the transaction: An agreement on remote with regarding a series of products and services, of which the delivery and or purchase obligation is spread out in time. 
  5. Durable data carrier: Every tool that the customer or entrepreneur empowers to save information that is directly related to the relevant customer entrepreneur. In a way that future consolation and undifferentiated reproduction of the saved information is made possible. 
  6. Right of withdrawal: The possibility for the customer to withdraw from the agreement within a period of consideration to the remote sales. 
  7. Sample form: The sample form for withdrawal that the entrepreneur makes available to the customer when he/she wants to use her/his right of withdrawal.  
  8. Entrepreneur: the natural or legal entity that on remote sales offers products/services to customers.
  9. Agreement on remote sales: An agreement where within the framework of the organized system of the entrepreneur for remote sales of products and services to the making of an agreement exclusively one or more techniques for communication on remote is being used. 
  10. Technique for communication on remote: A means of communication that can be used to make an agreement, without having the customer and entrepreneur in the same space. 
  11. Terms and conditions: The present or current terms and conditions of the entrepreneur. 

Article 2 – Identity of the company 

Code Blauw VOF, acting on behalf of the name The Best Greek Wines; 

Located at the Nieuwstraat 44, Barneveld

Postal code: 3771 AT 

Telephone number: 0342 769 068 

E-mail address: [email protected]

Chamber of commerce: 63916622

VAT number: NL855452183B01 

Article 3 – Applicability

  1. These terms and conditions apply to every offer/selection of products of the entrepreneur and on every remote sale and orders between entrepreneur and customer. 
  2. Before the agreement is reached remotely, the content of the terms and conditions is available to the customer. If this is not possible, before the agreement is made, it will be indicated that the terms and conditions can be shown by the entrepreneur to the customer. It can also be possible to send to the customer free of charge. 
  3. In case of making an agreement electronically, there can be deviation from the previous paragraph and before the agreement is signed remotely, the content of the terms and conditions can be of disposal in such a manner that the customer can save them on a durable data carrier. When this is reasonably not possible, before the agreement is being made remotely, there will be indicated where the terms and conditions can be acknowledged and at request of the customer the terms and conditions can be in any other form free of charge. 
  4. In the event that besides the terms and conditions also specific product or service terms and conditions are applicable, the second and third paragraph are applicable and the customer can appeal the contradictory terms and conditions on the applicable provision that is most favourable to the customer. 
  5. If at any time one or more provisions in these general terms and conditions are wholly or partially void or destroyed, then the agreement and these terms and conditions will remain in force for the rest and the relevant provision will be replaced by a provision in mutual consultation without delay of the original as closely as possible.

Article 4 – The offer 

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly 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 enable 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. Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
  5. 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 the special:
  • the price including taxes;
  • any shipping costs;
  • the manner in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal applies;
  • the method of payment, delivery and execution of the agreement;
  • the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
  • the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
  • whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
  • the way in which the consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
  • any other languages ​​in which, in addition to Dutch and English, the agreement can be concluded;
  • the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
  • the minimum duration of the distance contract in the case of a long-term transaction.

Article 5 – The agreement 

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can 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 about 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.
  5. The entrepreneur will send the following information to the consumer 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:
  1. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  2. 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;
  3. the information about warranties and existing after-sales service;
  4. 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;
  5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  1. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
  2. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

With the delivery of products: 

  1. When purchasing 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 made known to the entrepreneur.
  2. During the reflection 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.
  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.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

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. A confirmation of receipt of the notification as referred to in paragraph 1 will be sent to the consumer without delay.
  3. 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 web retailer or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly gives permission for another payment method.
  4. In the event of damage to the product due to careless handling by the consumer, the consumer is liable for any loss in value of the product.
  5. The consumer cannot be held liable for depreciation of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, this must be done before the purchase agreement is concluded.

Article 8 – Exclusion right to 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 has stated this clearly 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:
    1. that have been established by the entrepreneur in accordance with the consumer’s specifications;
    2. If the product has been used within the withdrawal period;
    3. which by their nature cannot be returned;
    4. which can spoil or age quickly;
    5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    6. for hygienic products of which the consumer has broken the seal.

Article 9 – the Price 

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Contrary to the previous paragraph, 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 after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
  • they are the result of statutory regulations or provisions;
  • whether the consumer has the authority to cancel the agreement with effect from the day on which the price increase takes effect.
  1. The prices stated in the offer of products or services include VAT.
  2. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. 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 

  1. The entrepreneur guarantees 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 statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement in the event of a shortcoming in the fulfillment on the part of the entrepreneur.
  3. Any defects 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 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.
  5. The warranty does not apply if:
  • The delivered products have been exposed to abnormal conditions or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and/or have been treated on the packaging.

Article 11 – Delivery and execution 

  1. The entrepreneur will take the greatest possible 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. The entrepreneur only works with parties that adhere to the applicable government guidelines. The delivering party checks whether the person to whom the shipment is handed over is 18 years or older and only hands over the order if this is the case.
  4. With due observance of what is stated in 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 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. All delivery times are indicative. The consumer cannot derive any rights from any stated terms.
  5. In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but at the latest within 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 is being 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 expressly agreed otherwise.

Article 12 – Duration transactions: duration, cancellation and renewal

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 or services, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products at any time towards the end of the definite term, with due observance of the agreed cancellation rules and a notice period of no more than one month.
  3. The consumer can conclude the agreements referred to in the previous paragraphs:
  • cancel at any time and are not limited to cancellation at any particular time or period;
  • at least cancel in the same way as they entered into by him 
  • always cancel with the same notice period as the entrepreneur has stipulated for himself.

Renewal 

  1. An agreement that has been entered into for a definite period and which extends to the regular delivery of products or services may not be tacitly extended or renewed for a definite period.
  2. 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 is allowed to cancel at any time with a notice period of no more than one month.

Duration 

  1. 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 duration.

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 the confirmation of the agreement.
  2. The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
  3. In the event that the consumer does not comply with his payment obligation, the entrepreneur has the right, subject to legal restrictions, to charge the consumer extrajudicial costs in accordance with the statutory regulations.

Article 14 – Complaints procedure 

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation 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.
  4. If the complaint cannot be resolved in mutual consultation, a dispute will arise that is subject to the dispute settlement procedure.
  5. In the event of complaints, a consumer must first turn to the entrepreneur. If a solution is not yet reached, the consumer has the option to have his complaint handled by an independent disputes committee, the decision of which is binding and both the entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which 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 well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes 

  1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or different provisions

Additional provisions or provisions that deviate from these general 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 data carrier.

DEEL JOUW LIJST