Index:
Article 1 – Definitions
Article 2 – Identity of the Company
Article 3 – Scope of Application
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Costs in the Event of Withdrawal
Article 8 – Exclusion of Right of Withdrawal
Article 9 – The Price
Article 10 – Conformity and Warranty
Article 11 – Delivery and Implementation
Article 12 – Extended Transactions: Duration, Cancellation and Extension
Article 13 – Payment
Article 14 – Complaints Procedure
Article 15 – Disputes
Article 16 – Additional or Exceptional Provisions
Article 1 – Definitions
In these articles, the following terms have the following definitions:
Company: the natural or legal person offering products and/or services to consumers from a distance;
Consumer: a natural person who does not act on behalf of a profession or business and who enters into a distance contract with the company;
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Day: calendar day;
Distance contract: an agreement whereby only one or more techniques for communication are used as part of a system organised by the company for the sale of products and/or services, up to and including the conclusion of the agreement at a distance.
Extended transaction: a distance contract with regard to a series of products and/or services, a delivery and/or purchase obligation which is spread over time;
Durable medium: any means that enables the consumer or company to store information that is addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information.
General Terms and Conditions: the current General Terms and Conditions of the company.
Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
Technology for distance communication: any means that can be used to conclude an agreement, without the consumer and company being together in the same room at the same time.
Withdrawal form: the form that the company makes available for a consumer to complete in the event that the consumer wishes to make use of their right of withdrawal.
Article 2 – Identity of the Company
BODEGA43
Winkelcentrum Woensel 153
5625AG Eindhoven
The Netherlands
Tel: +31 40 30 40 000
Email: info@bodega43.com
Article 3 – Scope of Application
1. These general terms and conditions apply to every offer from the company and to every distance contract and order between company and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the company and that they will be sent free of charge as soon as possible at the request of the consumer.
3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be easily stored by the consumer on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they may be sent free of charge, electronically or otherwise, at the request of the consumer.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the most beneficial applicable provision that applies to them.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or dissolved, the agreement and these terms and conditions will remain in force and the relevant provision will be replaced immediately by a provision as close as possible to the original in mutual consultation.
6. Situations that are not regulated in these general terms and conditions will be assessed “in the spirit” of these general terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions in our terms and conditions should be explained “in the spirit” of these general terms and conditions.
Article 4 – The Offer
1. If an offer is valid for a limited period of time or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The company is entitled to change and adapt the offer.
3. The offer will contain a complete and accurate description of the products and/or services offered. The description will be sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the company uses images, these will be a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding for the company.
4. All images, specifications and information included in the offer are indicative and cannot be used to seek compensation or termination of the agreement.
5. Images accompanying products are a true representation of the products offered. The company cannot guarantee that displayed colours exactly match the true colour of the products.
6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This especially concerns:
• the price including taxes;
• the possible shipping costs;
• the way in which the agreement will be concluded the actions required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery and implementation of the agreement;
• the timeframe for accepting the offer, or the timeframe within which the entrepreneur guarantees the price;
• the cost for distance communication, if such costs are calculated on another basis other than the regular basic rate for the means of communication used;
• whether the agreement will be stored after it has been concluded, and if so, how it can be consulted by the consumer;
• the way in which the consumer can check the information provided about them under the agreement and, if necessary, amend it before concluding the agreement;
• any other languages in which, in addition to Dutch, the agreement can be concluded;
• the behavioral codes which the entrepreneur is subject to, and the way in which the consumer can consult these behavioral codes electronically; and
• the minimum duration of the agreement in the event of an extended transaction.
Article 5 – The Agreement
1. Subject to the provisions made in paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
2. If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the acceptance of the offer electronically. The consumer can still cancel the agreement as long as the receipt of this acceptance has not been confirmed by the company.
3. If the agreement is concluded electronically, the company will take appropriate technical and organisational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer is able to pay electronically, the company will take the appropriate security measures.
4. The company can, within the legal framework, inquire as to whether the consumer is able to meet their payment obligations and inquire about any information that may be important for the responsible conclusion of the distance contract. If, upon receipt of this information, the company has reasonable grounds not to enter into the agreement, they will be entitled to refuse an order or request or to attach special conditions to the agreement.
5. The company will send the following information to the consumer alongside the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
• the address of the company’s operational office which the consumer may visit with complaints;
• the conditions under which and the way in which the consumer may exercise their right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
• information about guarantees and existing after-sales service;
• the information included in Article 4 Paragraph 3 of these terms and conditions, unless the company has already provided this information to the consumer prior to the execution of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
6. In the event of an extended transaction, the provisions outlined in the previous paragraph only apply to the first delivery.
7. Every agreement is signed under the condition of sufficient availability of the products concerned.
Article 6 – Right of withdrawal
On delivery of products:
1. When purchasing products, the consumer has the option to dissolve the contract within 60 days without the to provide justification. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and communicated to the company.
2. During the cooling-off period, the consumer must handle the product and packaging with care. They should only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they make use of their right of withdrawal, they must return the product with all accessories and, if reasonably possible, in the original condition and packaging to the company, in accordance with the reasonable and clear instructions provided by the company.
3. If the consumer wishes to exercise their right of withdrawal, they are obliged to inform the company within 60 days of receipt of the product. The consumer must inform the company using the withdrawal form. After the consumer has made it known that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by means of proof of postage.
4. If, after the expiry of the periods referred to in Paragraphs 2 and 3, the customer has not informed the company of their intention to exercise their right of withdrawal or the product has not been returned to the company, the purchase is final.
When providing services:
5. When providing services, the consumer has the option to dissolve the agreement without the need to provide justification within 60 days, starting on the day of entering into the agreement.
6. In order to exercise their right of withdrawal, the consumer must adhere to the reasonable and clear instructions provided by the company with the offer and/or upon delivery.
Article 7 – Costs in the event of withdrawal
1. If the consumer makes use of their right of withdrawal, the costs of return are to be covered by the consumer.
2. If the consumer has made a payment, the company will refund this amount as soon as possible, but no later than 14 days after the withdrawal. The product must have already been received back by the online retailer or conclusive proof of complete return must be submitted. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly gives permission for a different payment method to be used.
3. In case of damage to the product due to careless handling by the consumer, the consumer shall be liable for any depreciation of the product.
4. The consumer cannot be held liable for depreciation of the product if the company has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.
Article 8 – Exclusion of Right of Withdrawal
1. The company may exclude the consumer’s right of withdrawal for products as described in Paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the company has clearly stated this in the offer, prior to the conclusion of the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
• that have been created by the company in accordance with the consumer’s personal specifications;
• that are clearly personal in nature;
• that cannot be returned due to their nature;
• that spoil or age quickly;
• whose price is dependent on fluctuations in the financial market over which the company has no influence;
• for individual newspapers and magazines;
• for audio and video recordings and computer software for which the consumer has broken the seal;
• for hygienic products for which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
• concerning accommodation, transport, restaurant businesses or leisure activities to be performed on a specific date or during a specific period;
• whose delivery has started with the express consent of the consumer before the cooling-off period has expired;
• concerning betting and lotteries.
Article 9 – The Price
1. During the period of validity stated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes as a result of changes in VAT rates.
2. Contrary to the previous paragraph, the company may offer products or services whose prices are subject to fluctuations in the financial market and over which the company has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are variable prices will be stated in the offer.
3. Price increases within the 3 months following the conclusion of the agreement shall only be permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement shall only be permitted if the company has stipulated this and:
5. they are the result of statutory regulations or provisions; or
6. the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
7. The prices stated in the offer of products or services include VAT.
8. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typing errors. In case of printing and typing errors, the company is not obliged to deliver the product at the incorrect price.
Article 10 – Conformity and Warranty
1. The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. If agreed, the company shall also guarantee that the product is suitable for another purpose than normally expected.
2. A guarantee provided by the company, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the company on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the company in writing within 2 weeks of delivery. Product returns must be in the original packaging and in new condition.
4. The company’s warranty period corresponds to the manufacturer’s warranty period. However, the company shall never be responsible for the ultimate suitability of the products for each consumer’s individual application nor for any advice regarding the use or application of the products.
5. The warranty shall not apply if:
• The consumer has repaired and/or processed the delivered products themselves or have had it repaired and/or processed by third parties;
• The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or contrary to the company’s instructions and/or those stated on the packaging;
• The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
• The consumer has an appointment with a service technician and the consumer is not present within the agreed time window and/or the service technician is unable to assess whether the warranty claim is well-founded through no fault of their own. In this case, the consumer will be charged the normal service costs.
Article 11 – Delivery and Implementation
1. The company will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer provides to the company.
3. In accordance with the provisions made in Paragraph 4 of this Article, the company will execute accepted orders as soon as possible, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed and if an order cannot be completed or can only be partially completed, the consumer will be notified of this no later than 30 days after placing the order. In this case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer may not derive any rights from any stated period. Exceeding a delivery period does not entitle the consumer to compensation.
5. In case of cancellation, in accordance with Paragraph 3 of this Article, the company will refund the amount that the consumer has paid as soon as possible but no later than 14 days after cancellation.
6. If delivery of an ordered product proves impossible, the company will endeavour to provide a replacement article. If a replacement item is being delivered, this will be stated in a clear and comprehensible manner upon delivery at the latest. The consumer’s right of withdrawal is not excluded from replacement items. The costs of any return shipment shall be at the company’s expense.
7. The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer or a pre-designated representative made known to the company, unless expressly agreed otherwise.
Article 12 – Extended Transactions: Duration, Cancellation and Extension
Termination
1. The consumer may terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed cancellation terms and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified period, with due observance of the agreed cancellation terms and a notice period of no more than one month.
3. The consumer may cancel the agreements mentioned in the previous paragraphs:
• at any time and shall not be limited to cancellation at a specific time or during a specific period;
• may cancel in the same way as they entered into the agreement;
• may always cancel with the same notice period as the company has stipulated for itself.
4. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
5. Contrary to the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer has extended this. They may cancel the agreement towards the end of the extension with a notice period of no more than one month.
6. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement extends to the regular delivery of daily, news and weekly newspapers and magazines, as long as it is delivered less than once a month.
7. An agreement with a limited duration for the regular delivery of daily newspapers, news and weekly newspapers and magazines (trial or introductory subscription) shall not be automatically renewed and shall end automatically after the trial or introductory period.
8. If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the amount owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6 Paragraph 1. In the event of an agreement to provide a service, this period is applicable once the consumer has received confirmation of the agreement.
2. The consumer has a duty to report inaccuracies in any provided or stated payment details to the company without delay.
3. In the event of non-payment by the consumer, the company has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
1. The company has a well-publicised complaints procedure and shall handle complaints in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be fully and clearly described and submitted to the company within 7 days after the consumer has discovered the defects.
3. Complaints submitted to the company will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer time to process, the company will reply within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.
4. If the complaint cannot be resolved by mutual agreement, the dispute shall be subject to the dispute settlement procedure.
5. In the event of a complaint, the consumer must first inform the company. The consumer has the option to have their complaint handled by an independent disputes committee. The decision reached by such a committee shall be binding and both company and consumer shall agree with this binding decision. If there are costs for submitting a complaint to a disputes committee, these costs shall be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).
6. A complaint shall not relieve the company of its obligations, unless the company indicates otherwise in writing.
7. If a complaint is found to be well-founded by the company, the company may choose to replace or repair the delivered products free of charge.
Article 15 – Disputes
1. Agreements between the company and the consumer to which these general terms and conditions apply are exclusively governed by UK law. Even if the consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or Deviating Provisions
Additional provisions or provisions deviating from these general terms and conditions cannot 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.
