General terms and conditions Wijnclubamsterdam.nl

Table of Contents

• 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 of Right of Withdrawal
• Article 9 – Price
• Article 10 – Conformity and Guarantee
• Article 11 – Delivery and Execution
• Article 12 – Duration Transactions: Duration, Termination, and Renewal
• Article 13 – Payment
• Article 14 – Complaints Procedure
• Article 15 – Disputes
• Article 16 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
2. Consumer: A natural person not acting in the exercise of a profession or business and who enters into a distance agreement with the entrepreneur.
3. Day: Calendar day.
4. Duration transaction: A distance agreement concerning a series of products and/or services with a spread delivery or purchasing obligation over time.
5. Durable data carrier: Any means that enables the consumer or entrepreneur to store information directed to them personally in a way that allows future access and unaltered reproduction of the stored information.
6. Right of withdrawal: The possibility for the consumer to withdraw from the distance agreement within the cooling-off period.
7. Model form: The model form for withdrawal provided by the entrepreneur that the consumer can use to exercise their right of withdrawal.
8. Entrepreneur: The natural or legal person offering products and/or services at a distance to consumers.
9. Distance agreement: An agreement concluded between the entrepreneur and consumer as part of an organized system for distance selling of products and/or services using one or more techniques for remote communication up to and including the conclusion of the agreement.
10. Remote communication technique: A method that can be used to conclude an agreement without the consumer and entrepreneur being physically present in the same space simultaneously.
11. General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Wijnclubamsterdam.nl
Lauriergracht 54 bg
1016 RL AMSTERDAM
Netherlands
T: (064) 613-2142
E: mail@doedejaarsma.nl
KVK: 34306494
VAT number: NL002008050B81

Article 3 – Applicability

1. These general terms and conditions apply to every offer by the entrepreneur and to every concluded distance agreement and orders between the entrepreneur and the consumer.
2. Before concluding the distance agreement, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate how the terms can be viewed and will send them free of charge upon request before the agreement is concluded.
3. If the distance agreement is concluded electronically, these terms may be provided electronically in such a way that the consumer can easily store them on a durable data carrier.
4. In cases where specific product or service conditions also apply, these general terms remain relevant, and the consumer can invoke the provision most favorable to them in case of contradictions.
5. If any provision in these terms is invalidated or deemed null and void, the remaining provisions shall remain in force, and the affected clause will be replaced with a clause that approximates the original intent as closely as possible.
6. Situations not covered by these terms should be interpreted in accordance with their spirit.
7. Ambiguities in the interpretation of any clauses in these terms should also be resolved in accordance with their spirit.

Article 4 – The Offer

1. Offers with a limited validity or under specific conditions will be clearly stated.
2. The offer is non-binding, and the entrepreneur may adjust or withdraw it.
3. The offer contains a complete and accurate description of the products and/or services provided, with sufficient detail to enable a proper evaluation by the consumer.
4. All images and descriptions are indicative and cannot serve as grounds for claims or cancellation.
5. Images of products are truthful representations, but the entrepreneur cannot guarantee exact color matches.
6. Each offer includes clear information about:
   • Price, including taxes.
   • Possible shipping costs.
   • Methods for concluding the agreement and actions required.
   • Applicability of withdrawal rights.
   • Payment, delivery, and execution terms.
   • Timeframe for acceptance or guaranteed price validity.
   • Remote communication costs, if applicable.
   • Archiving of the agreement and its accessibility.
   • Consumer data verification and correction before the conclusion.
   • Languages available for concluding the agreement.
   • Adherence to codes of conduct and their accessibility.
   • Minimum duration for distance agreements in case of duration transactions.

Article 5 – The Agreement

1. The agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set forth, subject to the provisions of paragraph 4.
2. If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the acceptance electronically without delay. As long as this acceptance has not been confirmed, the consumer may terminate 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 may investigate whether the consumer can meet their payment obligations and any other factors relevant to responsibly entering into the distance agreement. If the entrepreneur has good reasons to decline the agreement based on this investigation, they may refuse an order or attach special conditions to its execution.
5. The entrepreneur will provide the following information to the consumer, in writing or on a durable data carrier, upon delivery of the product or service:
   • The entrepreneur’s business address where complaints can be submitted.
   • Conditions for exercising the right of withdrawal, including the withdrawal model form, or clear information if withdrawal is excluded.
   • Information about existing warranties and after-sales service.
   • The data listed in Article 4, paragraph 3, unless already provided before the conclusion of the agreement.
   • Conditions for terminating the agreement if its duration exceeds one year or is indefinite.
6. For ongoing transactions, the provisions of paragraph 5 apply only to the first delivery.
7. All agreements are entered into subject to sufficient availability of the ordered products.

Article 6 – Right of Withdrawal

For Product Deliveries:

1. Consumers have the right to terminate the agreement without giving any reason within 14 days after receiving the product.
2. During this cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they must return the product with all accessories, in its original state and packaging, following the reasonable and clear instructions provided by the entrepreneur.
3. To exercise the right of withdrawal, the consumer must notify the entrepreneur within 14 days of receiving the product. Notification can be via the withdrawal model form or another communication method, such as email. After this notification, the consumer must return the product within 14 days. Proof of timely return may be required, such as a shipping receipt.
4. If the consumer does not notify the entrepreneur of their intention to withdraw or fails to return the product within the specified timeframes, the purchase is finalized.

For Service Deliveries:

1. Consumers can terminate the agreement for services within 14 days from the date of the agreement.
2. To exercise the right of withdrawal, the consumer must follow the instructions provided by the entrepreneur.

Article 7 – Costs in Case of Withdrawal

1. The consumer bears the direct costs of returning the product.
2. If the consumer has already made payments, the entrepreneur will refund these amounts as soon as possible, and no later than 14 days after withdrawal, provided the product has been returned or proof of return has been supplied.
3. Refunds will be made using the same payment method the consumer used unless the consumer explicitly agrees to another method.
4. The consumer is liable for any decrease in value of the product resulting from handling beyond what is necessary to determine the product’s nature, characteristics, and functioning.
5. The consumer is not liable for a decrease in value if the entrepreneur has not provided all legally required information regarding the right of withdrawal.

Article 8 – Exclusion of Right of Withdrawal

1. The entrepreneur can exclude the right of withdrawal for the products and services specified in paragraphs 2 and 3, provided the exclusion was clearly stated in the offer or prior to the agreement.
2. Exclusion of the right of withdrawal is only possible for:
   • Products made to the consumer’s specifications.
   • Products that are clearly personal in nature.
   • Products that cannot be returned due to their nature.
   • Products that spoil or age quickly.
   • Products with fluctuating prices on the financial market beyond the entrepreneur’s control.
   • Single newspapers, magazines, or periodicals.
   • Sealed audio, video recordings, or computer software unsealed by the consumer.
   • Hygiene products unsealed by the consumer.
3. Exclusion of the right of withdrawal for services is only possible if:
   • The service involves accommodation, transport, restaurant, or leisure activities on a specific date or during a specific period.
   • The service began with the explicit consent of the consumer before the cooling-off period expired.
   • The service concerns betting or lotteries.

Article 9 – Price

1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for VAT rate changes.
2. Products or services with prices tied to financial market fluctuations beyond the entrepreneur’s control may be offered with variable prices, provided this is stated in the offer.
3. Price increases within three months of concluding the agreement are only allowed if due to statutory regulations or provisions.
4. Price increases after three months are only permitted if the consumer has the right to terminate the agreement as of the date the price increase takes effect.
5. All prices include VAT.
6. Printing and typographical errors are not binding, and the entrepreneur is not obliged to deliver products at incorrect prices.

Article 10 – Conformity and Guarantee

1. The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, reasonable standards of reliability and/or usability, and existing legal provisions and/or government regulations at the time of the agreement. If agreed upon, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
2. Any guarantees provided by the entrepreneur, manufacturer, or importer do not affect the consumer’s legal rights under the agreement.
3. Legal guarantees apply to all products. The duration of the legal guarantee depends on the nature of the product.
4. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within two months of discovery.
5. The guarantee does not apply if:
   • The consumer has repaired or modified the product themselves or had it repaired or modified by third parties.
   • The delivered products have been exposed to abnormal conditions, treated carelessly, or used contrary to the instructions provided by the entrepreneur and/or on the packaging.
   • The defect is wholly or partly the result of regulations or instructions issued by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

1. The entrepreneur will exercise the greatest possible care in accepting and executing orders for products and in assessing requests for the provision of services.
2. The delivery address is the address provided by the consumer to the entrepreneur.
3. Subject to what is stated in paragraph 4, the entrepreneur will execute accepted orders with due speed but no later than 30 days unless the consumer agrees to a longer delivery period. If delivery is delayed or an order cannot or can only partially be executed, the consumer will be notified within 30 days of placing the order. In such cases, the consumer has the right to terminate the agreement without cost.
4. Delivery times are indicative. The consumer cannot derive any rights from stated periods. Delay does not entitle the consumer to compensation.
5. In the event of termination under paragraph 3, the entrepreneur will refund the consumer as soon as possible and no later than 14 days after termination.
6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement product. Clear notification of a replacement product will be provided no later than delivery. For replacement products, the right of withdrawal cannot be excluded. The cost of return shipping is borne by the entrepreneur.
7. The risk of damage or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

1. The consumer may terminate an agreement entered into for an indefinite period that involves regular delivery of products (including electricity) or services at any time, observing agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a definite period that involves regular delivery of products or services at the end of the fixed term, observing agreed termination rules and a notice period of no more than one month.
3. The consumer may terminate agreements referred to in the previous paragraphs:
   • At any time without restriction to a specific time or period.
   • In the same manner as the agreement was concluded.
   • With the same notice period that the entrepreneur applies.

Renewal

1. A fixed-term agreement that involves the regular delivery of products or services cannot be automatically renewed or extended for a definite term.
2. In deviation from the previous paragraph, a fixed-term agreement for regular delivery of daily, news, or weekly publications may be automatically renewed for a maximum of three months if the consumer can terminate the renewed agreement with a notice period of no more than one month.
3. A fixed-term agreement for the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. For agreements involving less frequent delivery, a maximum notice period of three months may apply.
4. A trial or introductory subscription for regular delivery of daily, news, or weekly publications ends automatically and is not automatically renewed.

Duration

1. If an agreement has a duration of more than one year, the consumer may terminate the agreement after one year at any time with a notice period of no more than one month, unless termination before the agreed duration conflicts with reasonableness and fairness.

Article 13 – Payment

1. Unless otherwise agreed, amounts due by the consumer must be paid within seven business days of the cooling-off period specified in Article 6, paragraph 1. For service agreements, this period begins after the consumer has received confirmation of the agreement.
2. The consumer is obligated to report inaccuracies in provided or stated payment information to the entrepreneur without delay.
3. If the consumer fails to meet their payment obligation, the entrepreneur may, subject to legal limitations, charge reasonable costs that were communicated in advance to the consumer.

Article 14 – Complaints Procedure

1. The entrepreneur has a well-publicized complaints procedure and handles complaints according to this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within two months after the consumer discovers the defects.
3. Complaints submitted to the entrepreneur will be answered within 14 days of receipt. If a complaint requires a longer processing time, the entrepreneur will send an acknowledgment within 14 days, along with an estimate of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved through mutual agreement, it becomes a dispute subject to the dispute resolution procedure.
5. For complaints, the consumer should first contact the entrepreneur. If the web store is a member of WebwinkelKeur, the consumer can contact WebwinkelKeur for mediation if the complaint cannot be resolved. If mediation does not resolve the issue, the consumer can submit the dispute to an independent arbitration committee, whose decision is binding. Costs associated with this process are borne by the consumer. Complaints can also be submitted 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 deemed valid, the entrepreneur will, at their discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

1. Agreements between the entrepreneur and the consumer governed by these terms and conditions are subject exclusively to Dutch law, even if the consumer resides abroad.
2. The Vienna Sales Convention does not apply.

Article 16 – Additional or Deviating Provisions

Any additional provisions or deviations from these terms and conditions may not disadvantage the consumer and must be documented in writing or accessible to the consumer on a durable data carrier.