Sales Conditions Design & Wine
1.
Applicability of these conditions
1.1
These terms and conditions, to the exclusion of any other terms and conditions, apply to all offers, agreements and deliveries with regard to products created or offered by Design & Wijn.
1.2
The following definitions are used in these general terms and conditions:
a. D&W – Design & Wine selling products;
b. Buyer – D&W's counterparty;
c. Consumer – the buyer who is not acting in the exercise of a profession or business;
d. Consumer Purchase – the purchase between D&W and consumer;
e. Distance purchase – the consumer purchase whereby the agreement is concluded via the internet, telephone, fax or post;
2.
Offers and Agreements
2.1
The offer or quotation is valid for the period stated therein or as long as stocks last.
2.2
In the case of distance selling, agreements between D&W and the buyer are concluded at the moment of acceptance by the buyer of the offer and the fulfillment of the corresponding conditions.
2.3
D&W is authorized to make use of third parties in the performance of the agreement. All rights and entitlements as stipulated in these terms and conditions and any further agreements for D&W also apply to intermediaries and other third parties engaged by D&W.
3.
Price change
3.1
If, after the conclusion of the agreement, the prices of raw materials, wages, import duties, taxes or other external costs (whether or not as a result of currency changes) increase, D&W is entitled to adjust the purchase price to this increase.
3.2
D&W will inform the buyer of such a circumstance as soon as possible, after which the buyer is then entitled to dissolve the agreement, unless it has been stipulated that delivery will take place more than three (3) months after the purchase, or the increase in the as a result of a statutory price increase.
4.
Delivery
4.1
D&W states a delivery time, failing which a delivery time of two (2) days applies. Specified (delivery) times do not count as strict deadlines, unless this has been expressly agreed in writing. If the delivery term is not met, the consumer is obliged to give another option for delivery. If this is also not achieved, the consumer can dissolve the agreement.
4.2
If D&W requires information from the buyer for the performance of the agreement, or if (partial) advance payment has been stipulated, the delivery time will only commence after the correct and complete information or advance payment has been received by D&W.
4.3
Delivery to consumers takes place in the manner indicated by D&W during the purchase process and to the address specified by the buyer during the conclusion of the agreement, including delivery due to absence at the post office or neighbours/third parties indicated by the buyer. The risk of the delivered products passes to the buyer at the time of delivery.
4.4
If the buyer refuses a delivery, D&W may charge the resulting costs to him. In addition, D&W has the right to dissolve the agreement in that case, without prejudice to the right to claim full compensation.
5.
Retention of title
5.1
All delivered products remain the property of D&W until the buyer has fulfilled all his obligations towards D&W under the agreement.
6.
Dissolution and return
6.1
After confirmation of the order, the buyer can only change or cancel it with the permission of D&W. If D&W has already incurred costs or must incur costs as a result of the change or cancellation, D&W may charge these to the buyer. In the case of a distance purchase, the buyer has the right to revoke the purchase without explanation in writing by means of an unambiguous statement within fourteen (14) working days after receipt of the product.
6.2
If the purchase price and shipping costs have already been paid, they will be refunded as soon as possible but no later than fourteen (14) days after D&W has been informed that the buyer wishes to cancel the purchase, unless it is suspected that the returned products have already been opened when this is not necessary to assess the product, used or damaged through the fault of the buyer. Reimbursement will be made with the same means of payment as the buyer used for the original transaction, unless the buyer has expressly agreed otherwise.
6.3
The buyer must return the product to D&W without delay and in any event not later than fourteen (14) days after the day on which the buyer has notified D&W of its decision to withdraw from the agreement. D&W may withhold reimbursement until D&W has received the product, or the purchaser has demonstrated that the product has been returned, whichever is the earliest.
6.4
Art 6.2 does not apply to the distance purchase of:
a. goods whose price depends on fluctuations in the financial market, over which D&W has no influence;
b. matters that:
1) are made in accordance with the buyer's specifications;
2) be clearly personal in nature;
3) cannot be returned due to their nature;
4) can spoil or age quickly;
c. audio and video recordings and computer software if the seal has been broken by the buyer;
d. newspapers or magazines; or
e. services that have been performed with the consent of the consumer before the period of seven (7) working days has expired.
6.5
Return shipments of delivered products can only take place after written approval by D&W, in the manner indicated by D&W during the purchase process. The direct costs for returning the products under this article are for the account of the buyer, unless expressly agreed otherwise in writing.
6.6
If the consumer is not satisfied with a wine, the consumer can exchange it within two (2) weeks. The only thing the consumer has to take care of is returning the wine. Then you can drop it off in the store or send it by post. The costs for the return shipment are for the account of the consumer.
6.7
If the consumer chooses the option to exchange the wine, D&W will send the new wines without shipping costs. If the consumer wants money back, this will be refunded to the consumer's account within 14 days. Only the unopened / unused items will be reimbursed.
7.
Payment
7.1
D&W is at all times entitled to demand (partial) payment in advance or to deliver cash on delivery.
7.2
If, after the payment term has expired, D&W has not yet received (full) payment, the buyer is in default and owes interest equal to the statutory interest, as it applies to consumer transactions. All costs incurred by D&W, such as litigation costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs and collection agencies, incurred in connection with late payments, will be borne by the buyer. The extrajudicial costs will be charged in accordance with “the Extrajudicial Collection Costs Reimbursement Decree”. The rates from the previous decision are:
. Minimum rate € 40.00
. 15% over first € 2,500.00
. 10% over next €2,500.00
. 5% over next €5,000.00
. 1% over next €190,000.00
. 0.5% on the excess of the principal with a maximum of € 6,775
7.3
Before collection costs are charged, D&W will send the consumer a reminder, in which D&W is given a term of fourteen (14) days after the day of the reminder to still pay the claim.
8.
Power of suspension and dissolution
8.1
In addition to the provisions in case of force majeure and in Article 6, D&W is authorized to (partially) suspend the performance of its obligations under all agreements existing between the parties or to dissolve these agreements in whole or in part without notice of default or judicial intervention:
a. if the buyer is in default or if D&W has good reason to fear that the buyer will not or not fully and/or not timely fulfill its obligations;
b. in the event of liquidation, (application for) suspension of payment, bankruptcy or debt restructuring or any other circumstance as a result of which the buyer can no longer freely dispose of his assets; or
c. if circumstances arise as a result of which compliance with the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be required of D&W.
8.2
Moreover, in the cases referred to under 8.1, all possible obligations of the buyer become immediately due and payable and D&W will not be obliged to pay any compensation. The latter does not apply if there is a dissolution due to circumstances that cannot be attributed to the consumer.
9.
Warranties and Complaints
9.1
The products to be delivered by D&W meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use. If applicable, warranty provisions of suppliers and third parties such as manufacturers and importers apply to the products supplied by D&W.
9.2
When using the product outside the Netherlands, the buyer must verify whether the products are suitable for use there and whether they meet the conditions and (legal) requirements that are set for them.
9.3
The buyer is obliged to check the delivered products immediately upon receipt. Any defects found must be reported to D&W in writing and with reasons within two (2) months – and immediately in the case of external defects.
9.4
If it has been shown that a product does not comply with the agreement and a timely complaint has been made, D&W has the choice to replace the product in question, to arrange for repair or to refund the invoice price plus paid shipping costs.
9.4
All data, models and images regarding colours, materials, sizes and finish are indicative. Deviations from this cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation, if these deviations are of minor significance.
10.
Intellectual Property Rights
10.1
The buyer expressly acknowledges that all intellectual and/or industrial property rights with regard to the products, materials and information made available to the buyer by D&W, including (the appearance of) samples, packaging, labels, the design , the composition and/or specifications of samples, products and semi-finished products, as well as technical and commercial know-how, models, moulds, designs and designs, are held by D&W, its suppliers or other entitled parties.
10.2
If and insofar as D&W manufactures products or packaging based on explicit instructions from the buyer, such as specifications, designs, sketches, models or designs supplied by the buyer, the buyer guarantees that no rights of third parties are infringed. The buyer indemnifies D&W against claims from third parties in this respect and reimburses all costs incurred by D&W in connection with these claims.
11.
Liability for damage
11.1
D&W is not liable for damage caused:
a. by improper use of the delivered goods or by using it for a purpose other than for which it is suitable according to objective standards;
b. because D&W relied on incorrect or incomplete information provided by or on behalf of the buyer;
c. by third parties who are engaged in the performance of the agreement at the request or with the consent of the buyer;
d. materials or services provided by third parties at the request or with the consent of the buyer; or
e. misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of (electronic) communication.
11.2
Only direct damage attributable to D&W is eligible for compensation. Liability for indirect damage such as in any case but not limited to consequential damage, lost profit, mutilated or lost data or materials, reduced yield is excluded. In the case of consumer purchases, this restriction does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
11.3
Insofar as D&W is liable for compensation of damage, this is limited to a maximum of the invoice amount that relates to the (partial) delivery, on the understanding that this amount will not exceed € 45,000 and is in any case limited at all times. up to a maximum of the amount that the insurer pays out to D&W, if applicable.
11.4
The buyer indemnifies D&W against claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to the buyer.
11.5
The restrictions referred to in Articles 11.1 to 11.4 do not apply if:
a. the damage is due to intent or gross negligence on the part of D&W or its (managerial) subordinates;
b. there is product liability towards a consumer within the meaning of Book 6 Title 3, Section 3 of the Dutch Civil Code.
12.
Force majeur
12.1
If D&W is unable to fulfill the agreement due to force majeure, it is entitled to suspend its obligations until the force majeure situation has ended. If this period lasts longer than two (2) months, each of the parties is entitled to dissolve the agreement with regard to the products affected by the force majeure, without any obligation to pay compensation to the other party. The buyer is then obliged to pay for what has already been delivered.
12.2
In these general terms and conditions, force majeure is understood to include, in addition to what is understood in jurisprudence in this regard by law, all external causes, foreseen or unforeseen, over which D&W cannot exert any influence, and as a result of which D&W is unable to fulfill its obligations after to come.
13.
Dutch law and competent court
13.1
Dutch law applies to this agreement, even if an obligation is wholly or partly performed abroad or if the buyer is domiciled there. The applicability of the Vienna Sales Convention is excluded.
13.2
In case of disputes, the court of the buyer's place of residence is competent.
13.3
The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
14.
Other provisions
14.1
The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.
14.2
Changes and/or additions to these general terms and conditions are only valid and applicable if they are made in writing. If D&W makes use of additional terms and conditions or provisions that conflict with these general terms and conditions, this will not affect the validity and applicability of other provisions of these general terms and conditions.
15.
Responsible alcohol consumption
15.1
D&W does not sell alcoholic beverages to anyone under the age of 18. It is illegal to sell alcoholic beverages to young people under the age of 18.
15.2
A so-called age verification is done with the order to see whether the customer is old enough to buy alcoholic beverages.
15.3
Orders sent by post will be age verified upon delivery. The consumer will be asked for ID upon delivery.
15.4
If it appears upon delivery that the consumer is not old enough, the order will be returned to D&W. The shipping costs are the responsibility of the consumer. The costs of the ordered products will be refunded to the consumer's account.
