General Conditions

GENERAL CONDITIONS

Terms and Conditions

These general conditions apply to all services and deliveries of Wine Wizz and as a result of orders via the web shop www.wine-wizz.nl.

Index:

Article 1 – Definitions

Article 2 – Identity of the entrepreneur

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of Withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – The price

Article 9 – Conformity and guarantees 

Article 10 – Delivery and execution

Article 11 – Payment

Article 12 – Complaints procedure

Article 13 – Digital marketing and Social Media

Article 14 – Disputes

Article 15 – Additional or deviating provisions

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Article 1 – Definitions

In these conditions: Cooling-off period: the period within which the consumer can make use of his right of withdrawal; Consumer: the natural person who does not act in the exercise of profession or business and enters into a distance contract with the entrepreneur; Day: calendar day; 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. Right of withdrawal: the possibility for the consumer to refrain from the distance contract within the cooling-off period; Entrepreneur: the natural or legal person as described in Article 2 who offers products and / or services to consumers at a distance; 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; Technique 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.

Article 2 – Identity of the entrepreneur

Wine Wizz Waldeck Pyrmontdreef 22, 4101KJ Culemborg

email: info@wine-wizz.nl

Chamber of Commerce: 64183289

VAT: NL20369505B01

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. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically via the web shop www.wine-wizz.nl in such a way that it can be stored by the consumer in a simple way.

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. 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;

– the possible costs of delivery;

– the method of payment, delivery and execution of the agreement;

– the period for accepting the offer or the period within which the entrepreneur guarantees the price;

– the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic tariff for the communication medium used;

– whether the agreement will be filed after the conclusion, and if so, how this can be consulted for the consumer;

– the way in which the consumer, prior to concluding the contract, can check the data provided by him under the contract and repair it if necessary;

– the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;

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 by the entrepreneur, 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 make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. the information about guarantees and existing service after purchase;

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

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to terminate the contract without giving any reason within 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative appointed in advance by the consumer and made known to the entrepreneur. During the reflection period, the consumer will handle the product and packaging carefully. If he makes use of his right of withdrawal, he will return the product – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur. Before proceeding to return, the consumer will consult with the entrepreneur about the method of return.

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 – 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 and excise rates.

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

Article 9 – 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.

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 contract.

Article 10 – 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. Orders will be delivered according to the available term on order. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification of this no later than 24 hours after he has placed 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, in consultation with the consumer. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are at the expense of the entrepreneur. The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and the entrepreneur announced representative, unless expressly agreed otherwise.

Article 11 – Payment

The online orders placed via www.wine-wizz.nl can easily be paid via iDeal (Direct payment via internet banking), Credit Card (Mastercard, Visa, AMEX), Bitcoin or Klarna (Afterpay) immediately upon check-out of the shopping cart. The invoice will be sent to the consumer via email immediately after purchase.

Orders that have been processed through contact with the Wine Wizz sales service (companies / restaurants / larger numbers) will be paid according to the agreed payment methods within the specified payment term on the invoice.

If payment is not made within the stated payment term, Wine Wizz reserves the right to use Incasso to recover payment. Wine Wizz is not liable for any extra costs associated with the Incasso process.

Article 12 – 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. If the complaint can not be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement.

Article 13 – Digital marketing and Social Media

The content of Facebook, Instagram and emailings is only intended for people aged 18 and older. By liking the Facebook account, following the Instagram account or subscribing to the emailings you confirm you are 18 years or older. Nothing may be forwarded to or otherwise made available to persons under 18 years of age.

Article 14 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

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.

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