Terms and Conditions for members Stichting WebwinkelKeu
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 of right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration, cancellation and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions
Article 1 – Definitions
In these conditions the following terms are to be understood as:
Article 2 - Identity of the entrepreneur
De Wijnwinkel / Swets Wine import
Runstraat 23, 1016 GJ in Amsterdam
003120-6380157 (Tue to Sat from 11: 00-17: 00)
E-mail address: bestellingen@wijnwinkel.com
Chamber of Commerce number: 70501378
VAT number: NL853334699B01
Article 3 – Applicability
Article 4 - The offer
o the price including taxes;
o the possible costs of shipping;
o the manner in which the agreement will be concluded and which actions are necessary for this;
o whether or not to apply the right of withdrawal;
o the method of payment, delivery and execution of the agreement;
o the period for accepting the offer or the period within which the entrepreneur guarantees the price;
o the level of the tariff for communication if the costs of using the technique for communication are calculated on a basis other than the regular basic tariff for the means of communication used;
o whether the agreement is filed after the conclusion, and if so, how this can be consulted for the consumer;
o the way in which the consumer, prior to the conclusion of the agreement, can check the data provided by him under the agreement and repair them if necessary;
o any other languages in which, in addition to Dutch, the contract can be concluded;
o the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically;
o the minimum duration of the agreement in case of an extended transaction.
Article 5 - The agreement
In the case of an extended transaction, the provision in the previous paragraph only applies to the first delivery. Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.
Article 6 - Right of withdrawal
When delivering products:
When purchasing products, the consumer has the option to terminate the agreement 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. 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 and - if possible within reason - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to make use of his right of withdrawal he is obliged to make this known to the entrepreneur within 14 days after receiving the product. The consumer must make this known by means of the model form. After the consumer has made it known 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 a proof of shipment.
If the customer has not made it known that he wishes to make use of his right of withdrawal or before the expiry of the periods mentioned in paragraphs 2 and 3 and has not returned the product to the entrepreneur within the specified period, the sale is a fact.
Article 7 - Costs in case of withdrawal
If the consumer exercises his right of withdrawal, the costs of returning the goods are the only costs that will be charged to him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after cancellation. However, the condition in this case is that the product - or conclusive proof of complete return - must have been received by the entrepreneur.
Article 8 - Exclusion of right of withdrawal
The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
- which have been created by the entrepreneur in accordance with the consumer's specifications;
- that are clearly personal in nature;
- which can not be returned due to their nature;
- that can spoil or age quickly;
- the price of which is subject to fluctuations in the financial market on which the entrepreneur has no influence;
- for loose newspapers and magazines;
- for audio and video recordings and computer software of which the consumer has broken the seal.
- for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
- regarding 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 on which 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 agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases after 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices mentioned in the range of products or services include VAT.
All prices may be subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the entrepreneur is not obliged to deliver the product at the wrong price.
Article 10 - Conformity and Warranty
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. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A warranty 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.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. 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.
The warranty does not apply if:
- The consumer has repaired the delivered products himself and / or allowed third parties to process or repair products;
- The delivered products are exposed to abnormal conditions or otherwise careless handling or contrary to the instructions of the entrepreneur and / or on the packaging;
- The inadequacy wholly or partially is the result of regulations local government has made or will make regarding the nature or the quality of the materials used.
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 entrepreneur.
With due observance of the provisions in paragraph 4 of this article, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order can not or only partially be executed, the consumer will receive notification no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the contract without any cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer can not derive any rights from any periods mentioned. Exceeding a term does not entitle the consumer to compensation.
In case 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 no later than 14 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 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 12 - Duration, cancellation and extension
Cancellation
o terminated by the consumer at any time and not be limited to termination at a specific time or in a certain period;
o at least terminated in the same way as they have been entered into by him;
o terminated with the same notice period as the entrepreneur has stipulated for himself.
Extension
Duration
Article 13 – Payment
Article 14 - Complaint procedure
Article 15 – Disputes
Article 16 – Additional or deviating provisions
Additions to, or deviations from these terms and conditions may not be made to the detriment of the consumer and must be recorded in writing or in such a way that they may be stored by the consumer in an accessible manner on a durable medium.