Terms and Conditions Whiskybooks.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 the right of withdrawal

Article 9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and performance

Article 12 - Continuing performance contracts: duration, cancellation 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 may exercise the right of withdrawal.

2. Consumer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.

3. Day: calendar day.

4. Continuing performance contract: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.

5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that makes future consultation and unchanged reproduction of the stored information possible.

6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period.

7. Model form: the model withdrawal form provided by the entrepreneur, which the consumer may complete when wishing to exercise the right of withdrawal.

8. Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

9. Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organised distance sales system for products and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the agreement.

10. Means of distance communication: a means that can be used to conclude an agreement without the consumer and the entrepreneur being present in the same room at the same time.

11. Terms and Conditions: these terms and conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

M.J. Zwartepoorte Sales / Whiskybooks.nl

Palissade 1

3831 SH Leusden

The Netherlands

Telephone during office hours: +31 33 494 3758

Email: info@whiskyboeken.nl

Chamber of Commerce number: 32077496

VAT identification number: NL001471038B67

Article 3 - Applicability

These terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the contract is concluded that the terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, the text of these terms and conditions may, before the contract is concluded, be made available electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated where the terms and conditions can be consulted electronically and that they will be sent free of charge at the consumer's request.

If specific product or service conditions also apply in addition to these terms and conditions, the above provisions apply accordingly. In the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force. The relevant provision will then be replaced in consultation by a provision that approaches the purpose of the original provision as closely as possible.

Situations not covered by these terms and conditions must be assessed in the spirit of these terms and conditions. Ambiguities about the interpretation or content of one or more provisions must also be interpreted in the spirit of these terms and conditions.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and amend the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications and information in the offer are indicative and cannot give rise to compensation or dissolution of the agreement. The entrepreneur cannot guarantee that displayed colours exactly match the real colours of the products.

Each offer contains information that makes clear to the consumer what rights and obligations are attached to acceptance of the offer. This includes, in particular, the price including taxes, any shipping costs, the way in which the agreement will be concluded, whether the right of withdrawal applies, the method of payment and delivery, and the period during which the offer or price is guaranteed.

Article 5 - The agreement

The agreement is concluded, subject to the provisions below, at the moment the consumer accepts the offer and meets the conditions set out in that offer.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations and may assess facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, the entrepreneur is entitled to refuse an order or request, giving reasons, or to attach special conditions to its performance.

The entrepreneur will send the consumer the legally required information with the product or service, in writing or in such a way that it can be stored by the consumer on a durable medium. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For the delivery of products, the consumer has the option to dissolve the agreement without giving reasons during a period of 14 days. This cooling-off period starts on the day after the consumer, or a representative designated by the consumer and known to the entrepreneur, has received the product.

During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may unpack or use the product only to the extent necessary to assess whether they wish to keep it. If the consumer exercises the right of withdrawal, the product must be returned with all delivered accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. This notification may be made using the model form. After notifying the entrepreneur of the withdrawal, the consumer must return the product within 14 days. The consumer must be able to prove that the goods were returned in time, for example by means of proof of shipment.

If the consumer has not notified the entrepreneur of the use of the right of withdrawal within the stated period or has not returned the product, the purchase is final.

For the delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is entered into. To exercise this right, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 - Costs in case of withdrawal

If the consumer exercises the right of withdrawal, no more than the costs of return shipment will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible and no later than 14 days after withdrawal. This is subject to the condition that the product has already been received by the webshop or that conclusive proof of complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.

If the product has been damaged due to careless handling by the consumer, the consumer is liable for any reduction in value of the product. The consumer cannot be held liable for a reduction in value if the entrepreneur has not provided all legally required information about the right of withdrawal before the purchase agreement was concluded.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for certain products and services, but only if this has been clearly stated in the offer or in good time before the agreement is concluded.

Exclusion is possible, among other things, for products made according to the consumer's specifications, products that are clearly personal in nature, products that by their nature cannot be returned, products that spoil or age quickly, individual newspapers and magazines, sealed audio or video recordings and computer software where the seal has been broken, and sealed hygienic products where the seal has been broken.

Exclusion is also possible for certain services, including services relating to accommodation, transport, catering or leisure activities to be performed on a specific date or during a specific period, services that have started with the consumer's express consent before the end of the cooling-off period, and services relating to betting and lotteries.

Article 9 - The price

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 resulting from changes in VAT rates.

Products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence may be offered at variable prices. This link to fluctuations and the fact that any stated prices are indicative will be mentioned in the offer.

Price increases within three months after conclusion of the agreement are permitted only if they result from statutory regulations or provisions. Price increases from three months after conclusion of the agreement are permitted only if the entrepreneur has stipulated this and the increase results from statutory regulations or provisions, or if the consumer has the right to cancel the agreement from the day on which the price increase takes effect.

The prices stated in the offer are inclusive of VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of such errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability and the statutory provisions and government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer may assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within four weeks after delivery. Products must be returned in their 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 or processed the delivered products themselves or has had them repaired or processed by third parties, if the products have been exposed to abnormal conditions or otherwise handled carelessly, or if the defect is wholly or partly the result of government regulations regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

The entrepreneur will take the greatest possible care when receiving and fulfilling product orders and when assessing requests for the provision of services.

The place of delivery is the address provided by the consumer to the company. Accepted orders will be performed with due speed and no later than within 30 days, unless the consumer has agreed to a longer delivery period.

If delivery is delayed or if an order cannot be fulfilled or can only be fulfilled in part, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

All delivery periods are indicative. The consumer cannot derive any rights from stated periods, and exceeding a period does not entitle the consumer to compensation.

If performance is impossible, the entrepreneur will try to provide a replacement item. It will be clearly stated at the latest upon delivery that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage to and/or loss of products rests with the entrepreneur until delivery to the consumer or a previously designated representative known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, cancellation and renewal

The consumer may cancel an agreement entered into for an indefinite period and relating to the regular delivery of products or services at any time, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel an agreement entered into for a definite period and relating to the regular delivery of products or services at the end of that fixed period, subject to the agreed cancellation rules and a notice period of no more than one month.

The consumer may cancel such agreements at any time, may not be limited to cancellation at a particular time or during a particular period, may cancel at least in the same way as the agreement was entered into and always with the same notice period as the entrepreneur has stipulated for itself.

An agreement entered into for a definite period and relating to the regular delivery of products or services may not be tacitly renewed or extended for a definite period, except where legally permitted. If an agreement has a duration of more than one year, the consumer may after one year cancel the agreement at any time 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

Unless otherwise agreed, amounts owed by the consumer must be paid within seven working days after the start of the cooling-off period referred to in Article 6. In the case of an agreement for the provision of a service, this period starts after the consumer has received confirmation of the agreement.

The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur without delay. In the event of non-payment by the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge reasonable costs that were communicated to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within seven days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure. A complaint does not suspend the entrepreneur's obligations unless the entrepreneur states otherwise in writing. If a complaint is found to be justified, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 - Disputes

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

Article 16 - Additional or deviating provisions

Additional or deviating provisions 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 the consumer can store them in an accessible manner on a durable medium.

Model withdrawal form

Complete this form only if you wish to withdraw from the agreement. You may include it in the return parcel.

To:

M.J. Zwartepoorte Sales / Whiskybooks.nl

Palissade 1

3831 SH Leusden

The Netherlands

Telephone during office hours: +31 33 494 3758

Email: info@whiskyboeken.nl

I/We hereby inform you that I/we withdraw from our agreement concerning the sale of the following goods / the provision of the following service:

Ordered on (DD-MM-YYYY):

Order number:

Received on (DD-MM-YYYY):

Name(s) of consumer(s):

Address of consumer(s):

IBAN account number:

Signature of consumer(s), only if this form is submitted on paper:

Date (DD-MM-YYYY):