GENERAL TERMS AND CONDITIONS Dutch Whisky Connection
Definitions
• Dutch Whisky Connection: Dutch Whisky Connection, established in Lobith, Chamber of Commerce no. 73615072.
• Customer: the person with whom Dutch Whisky Connection has entered into an agreement.
• Parties: Dutch Whisky Connection and customer together.
• Consumer: a customer who is an individual acting for private purposes.
Applicability
• These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Dutch Whisky Connection.
• Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
• The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
Prices
• All prices used by Dutch Whisky Connection are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
• Dutch Whisky Connection is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
• Increases in the cost prices of products or parts thereof, which Dutch Whisky Connection could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
• The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
• The price with regard to services is determined by Dutch Whisky Connection on the basis of the actual working hours.
• The price is calculated according to the usual hourly rates of Dutch Whisky Connection, valid for the period in which he carries out the work, unless a different hourly rate has been agreed.
• If the parties have agreed on a total amount for a service provided by Dutch Whisky Connection, this is always a target price, unless the parties have explicitly agreed upon in writing on a fixed price, which cannot be deviated from.
• Dutch Whisky Connection is entitled to deviate up to 10% of the target price.
• If the target price exceeds 10%, Dutch Whisky Connection must let the customer know in due time why a higher price is justified.
• If the target price exceeds 10%, the customer has the right to cancel the part of the order that exceeds the target price by 10%.
• Dutch Whisky Connection will communicate price adjustments to the customer prior to the moment the price increase becomes effective.
• The consumer has the right to terminate the contract with Dutch Whisky Connection if he does not agree with the price increase.
• Dutch Whisky Connection has the right to adjust prices (for products that are not part of any order at that moment) when market circumstances request adjustment.
Payments and payment term
• Dutch Whisky Connection may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount when the agreement concerns anything else than buying bottles. In case of buying bottles, the total amount has to be paid before shipping to the buyer.
• The customer must have paid the full amount within 7 days after delivery of the product.
• Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Dutch Whisky Connection having to send the customer a reminder or to put him in default.
• Dutch Whisky Connection reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the total amount of the services or products.
Payments and payment term
Products are immediately paid for in the store.
Consequences of late payment
• If the customer does not pay within the agreed term, Dutch Whisky Connection is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
• When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Dutch Whisky Connection.
• The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
• If the customer does not pay on time, Dutch Whisky Connection may suspend its obligations until the customer has met his payment obligation.
• In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Dutch Whisky Connection on the customer are immediately due and payable.
• If the customer refuses to cooperate with the performance of the agreement by Dutch Whisky Connection, he is still obliged to pay the agreed price to Dutch Whisky Connection.
Right of recovery of goods
• As soon as the customer is in default, Dutch Whisky Connection is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
• Dutch Whisky Connection invokes the right of recovery by means of a written or electronic announcement.
• As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Dutch Whisky Connection, unless the parties agree to make other arrangements about this.
• The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
• A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its special needs
• it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
• the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
• the product is not a separate magazine or a loose newspaper
• the purchase does not concern an (assignment to) urgent repair
• the consumer has not renounced his right of cancellation
• The reflection period of 14 days as referred to in paragraph 1 commences:
• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has received the first the product of a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed the purchase of digital content via the internet
• The consumer can notify his right of cancellation via dutchwhiskyconnection@gmail.com, if desired by using the withdrawal form that can be downloaded via the website of Dutch Whisky Connection, dutchwhiskyconnection.com.
• The consumer is obliged to return the product to Dutch Whisky Connection within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse.
• The costs for return are due Dutch Whisky Connection if the complete order is returned.
• If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Dutch Whisky Connection will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Dutch Whisky Connection in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
• Dutch Whisky Connection can appeal to his right of retention of title and in that case retain the products sold by Dutch Whisky Connection to the customer until the customer has paid all outstanding invoices with regard to Dutch Whisky Connection, unless the customer has provided sufficient security for these payments.
• The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Dutch Whisky Connection.
• Dutch Whisky Connection is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
Settlement
The customer waives his right to settle any debt to Dutch Whisky Connection with any claim on Dutch Whisky Connection.
Retention of title
• Dutch Whisky Connection remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Dutch Whisky Connection under whatever agreement with Dutch Whisky Connection including of claims regarding the shortcomings in the performance.
• Until then, Dutch Whisky Connection can invoke its retention of title and take back the goods.
• Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
• If Dutch Whisky Connection invokes its retention of title, the agreement will be dissolved and Dutch Whisky Connection has the right to claim compensation, lost profits and interest.
Delivery
• Delivery takes place while stocks last.
• Delivery takes place at Dutch Whisky Connection unless the parties have agreed upon otherwise.
• Delivery of products ordered online takes place at the address indicated by the customer.
• If the agreed price is not paid on time, Dutch Whisky Connection has the right to suspend its obligations until the agreed price is fully paid.
• In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Dutch Whisky Connection.
Delivery period
• Any delivery period specified by Dutch Whisky Connection is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
• The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Dutch Whisky Connection.
• Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Dutch Whisky Connection cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
Actual delivery
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Delivery and transfer of risk
Unless otherwise agreed, delivery and insurance of goods to find destination outside the Netherlands will be paid for up to the agreed destination “CPT – Carriage Paid To” (in accordance with the provisions of in the most recent version of the Incoterms as drawn up by the International Chamber of Commerce). Dutch Whisky Connection shall bear the transport costs, but the risk associated with transporting the goods shall pass to the Buyer at the moment that Dutch Whisky Connection has confounded the goods over to the first transport company.
For shipments within the Netherlands, the goods shall be transported at the risk of Dutch Whisky Connection, unless explicitly agreed otherwise. The transport costs shall be displayed upon payment. The risk associated with the Products shall pass to be Buyer at the moment that these are presented for receipt at the delivery address.
The choice of the means of transport is that of Dutch Whisky Connection, also in case of paid shipments, with no requirements for the shipment issued by the Buyer. Temporary hindrances or impediments in transport with the chosen means of transport, don’t automatically require the use of another means of transport.
If the Buyer, wishes Dutch Whisky Connection to use a certain method of delivery or transport that is not offered as a matter of course, shipping shall be at the risk of the Buyer. The risk relating to the Products shall in that case pass to the Buyer at the moment that Dutch Whisky Connection has handed over the Products to the first transport company.
If the Buyer has specific requirements with regard to packaging used by Dutch Whisky Connection, all costs for the use of this packaging shall be accountable to the Buyer. Packaging materials are not taken back by Best of Wines.
If it has been agreed that the Buyer shall himself/herself collect the Products or arrange the transport, the Products that are ready for collection or shipment must be collected from or received at the date of delivery. The risk relating to the Products shall, in this case, be passed to the Buyer at the moment that the Buyer or a third party called in by the Buyer takes possession of the Products.
If it turns out to be impossible to deliver the Products to the Buyer because of a cause on the side of the Buyer, Dutch Whisky Connection reserves the right to store those Products for the account and risk of the Buyer, possibly in the open air, all without any liability on the part of Dutch Whisky Connection for damage, impairment, loss or otherwise. A 30-day period apply during storage during which Best of Wines will enable the Buyer to collect or receive the Products. This applies unless Dutch Whisky Connection expressly determined a different period in writing.
If the Buyer also fails to comply with its obligations after the expiry of the time limit, as intended in the previous paragraph of this article, Buyer shall by operation of law be in default and Dutch Whisky Connection shall be entitled to dissolve the Agreement, either in whole or in part, in writing and with immediate effect, without any prior or further notice of default and without any judicial intervention being required and without being liable to pay compensation for damage, costs or interest. As the occasion arises Dutch Whisky Connection shall be authorised to sell the Products to third parties or to use the same for the implementation of other Agreements and also to destroy the documents already prepared. The foregoing shall not affect the obligation of the Buyer to pay the agreed price as well as possible storage costs and/or other costs.
Transport costs
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
• If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Dutch Whisky Connection may not be held liable for any damage.
• If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Dutch Whisky Connection, failing which Dutch Whisky Connection cannot be held liable for any damage.
Taxes and excise duties
The customer is always responsible to know the tax and import duties laws in his country and therefore will be responsible for all extra costs according to these laws. All additional costs related to tax and or import duties will fully be paid for by the costumer. Dutch Whisky Connection cannot be hold responsible for these costs or for any effect related to not acting according to the local law by the costumer.
Insurance
• The customer undertakes to insure and keep insured the following items adequately against fire, explosion and water damage as well as theft:
• goods delivered that are necessary for the execution of the underlying agreement
• goods being property of Dutch Whisky Connection that are present at the premises of the customer
• goods that have been delivered under retention of title
• At the first request of Dutch Whisky Connection, the customer provides the policy for these insurances for inspection.
Storage
• If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
• Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
Guarantee
• When parties have entered into an agreement with services included, these services only contain best-effort obligations for Dutch Whisky Connection, not obligations of results.
• The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
• The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
• The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
Performance of the agreement
• Dutch Whisky Connection executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
• Dutch Whisky Connection has the right to have the agreed services (partially) performed by third parties.
• The execution of the agreement takes place in mutual consultation and after written agreement and payment of the possibly agreed advance by the customer.
• It is the responsibility of the customer that Dutch Whisky Connection can start the implementation of the agreement on time.
• If the customer has not ensured that Dutch Whisky Connection can start the implementation of the agreement in time, the resulting additional costs and/or extra hours will be charged to the customer.
Duty to inform by the customer
• The customer shall make available to Dutch Whisky Connection all information, data and documents relevant to the correct execution of the agreement to in time and in the desired format and manner.
• The customer guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
• If and insofar as the customer requests this, Dutch Whisky Connection will return the relevant documents.
• If the customer does not timely and properly provides the information, data or documents reasonably required by Dutch Whisky Connection and the execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.
Duration of the agreement
• The agreement between Dutch Whisky Connection and the customer is entered into for the duration of, unless it results otherwise from the nature of the agreement or if the parties have expressly agreed otherwise in writing.
• If a fixed-term contract has been entered into, it will be tacitly converted into an open-ended contract at the end of the term, unless 1 of the parties terminates the contract with due observance of a notice period of 2 month(s), or if a consumer terminates the agreement with due observance of a notice period of 1 month / the agreement ends at the end of the fixed term.
• If the parties have agreed upon a term for the completion of certain activities, this is never a strict deadline, unless specified explicitly otherwise in writing. If this term is exceeded, the customer must give Dutch Whisky Connection a written reasonable term to terminate the activities, before it may either terminate the contract or claim damages.
Confidentiality
• The client keeps any information he receives (in whatever form) from Dutch Whisky Connection confidential.
• The same applies to all other information concerning Dutch Whisky Connection of which he knows or can reasonably suspect that it is secret or confidential, or of which it can expect that its disclosure may cause damage to Dutch Whisky Connection.
• The customer takes all necessary measures to ensure that he keeps the information referred to in paragraphs 1 and 2 secret.
• The obligation of secrecy described in this article does not apply to information:
• which was already made public before the customer heard this information or which later became public without being the result of a violation of the customer’s duty to confidentiality
• which is made public by the customer due to a legal obligation
• The confidentiality obligation described in this article applies for the duration of the underlying agreement and for a period of 3 years after the end thereof.
Penalties
• If the customer violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Dutch Whisky Connection an immediately due and payable fine of € 5.000 1.000 for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
• No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
• The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Dutch Whisky Connection including its right to claim compensation in addition to the fine.
Indemnity
The customer indemnifies Dutch Whisky Connection against all third-party claims that are related to the products and/or services supplied by Dutch Whisky Connection.
Complaints
• The customer must examine a product or service provided by Dutch Whisky Connection as soon as possible for possible shortcomings.
• If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Dutch Whisky Connection of this as soon as possible, but in any case, within 1 month after the discovery of the shortcomings.
• Consumers must inform Dutch Whisky Connection of this within two months after detection of the shortcomings.
• The customer gives a detailed description as possible of the shortcomings, so that Dutch Whisky Connection is able to respond adequately.
• The customer must demonstrate that the complaint relates to an agreement between the parties.
• If a complaint relates to ongoing work, this can in any case not lead to Dutch Whisky Connection being forced to perform other work than has been agreed.
Giving notice
• The customer must provide any notice of default to Dutch Whisky Connection in writing.
• It is the responsibility of the customer that a notice of default actually reaches Dutch Whisky Connection (in time).
Joint and several Client liabilities
If Dutch Whisky Connection enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Dutch Whisky Connection under that agreement.
Liability of Dutch Whisky Connection
• Dutch Whisky Connection is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.
• If Dutch Whisky Connection is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.
• Dutch Whisky Connection is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
• If Dutch Whisky Connection is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
• All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Expiry period
Every right of the customer to compensation from Dutch Whisky Connection shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
Dissolution
• The customer has the right to dissolve the agreement if Dutch Whisky Connection imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
• If the fulfillment of the obligations by Dutch Whisky Connection is not permanent or temporarily impossible, dissolution can only take place after Dutch Whisky Connection is in default.
• Dutch Whisky Connection has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Dutch Whisky Connection good grounds to fear that the customer will not be able to fulfill his obligations properly.
Force majeure
• In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Dutch Whisky Connection in the fulfillment of any obligation to the customer cannot be attributed to Dutch Whisky Connection in any situation independent of the will of Dutch Whisky Connection, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Dutch Whisky Connection .
• The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
• If a situation of force majeure arises as a result of which Dutch Whisky Connection cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Dutch Whisky Connection can comply with it.
• From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
• Dutch Whisky Connection does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Changes in the general terms and conditions
• Dutch Whisky Connection is entitled to amend or supplement these general terms and conditions.
• Changes of minor importance can be made at any time.
• Major changes in content will be discussed by Dutch Whisky Connection with the customer in advance as much as possible.
• Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
• The customer cannot transfer its rights deferring from an agreement with Dutch Whisky Connection to third parties without the prior written consent of Dutch Whisky Connection.
• This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code.
Consequences of nullity or annullability
• If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
• A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Dutch Whisky Connection had in mind when drafting the conditions on that issue.
Applicable law and competent court
• Dutch law is exclusively applicable to all agreements between the parties.
• The Dutch court in the district where Dutch Whisky Connection is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.
In case of an interpretation of the content and meaning of these general terms and conditions as well as in the case of conflict between the content or interpretation of any translations of these general terms and conditions and the Dutch version, the Dutch text shall prevail each time.The most-recently filed version and/or the version as applicable at the time of conclusion of the Agreement shall always apply.
Drawn up on 12 November 2019.