Article 1: Applicability
These General Terms and Conditions of Delivery (hereinafter: the "Terms") apply to all offers, orders and agreements of De Zeeuwse Sommelier (hereinafter: DZS).
Acceptance of an offer or the placing of an order implies that the contracting party (hereinafter: the buyer) accepts the applicability of these Terms. If the buyer does not accept these Terms, we ask the buyer not to use this site.
Deviations from these Terms are only permitted following written notice to or written approval by DZS, in which case the remaining provisions shall remain in full force and effect.
All rights and claims stipulated in these Terms and in any additional agreements for the benefit of DZS are likewise stipulated for the benefit of intermediaries and other third parties engaged by DZS.
These Terms respect the rights of consumers arising under the law (or the sales agreement).
Article 2: Offers/agreements
All offers made by DZS are non-binding, and DZS expressly reserves the right to change prices, particularly when this is necessary pursuant to (statutory) regulations.
An agreement is only concluded after DZS has accepted the order. DZS is entitled to refuse orders or attach certain conditions to delivery, unless expressly stated otherwise. If an order is not accepted, DZS will notify the buyer shortly after receiving the order.
Article 3: Prices and payments
The prices stated for the products and services offered are in euros, including VAT and excluding shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.
DZS offers various payment options: advance payment by bank transfer or payment after delivery by invoice. If DZS issues an invoice for goods sold or work performed or to be performed, the buyer must pay within 14 days of the invoice date, unless otherwise agreed.
If payment is not made within the payment period, the buyer shall owe DZS interest at a rate of 1% per month, without any further notice of default being required. Any part of a month shall be treated as a full month.
The costs of judicial and extrajudicial debt collection shall be borne by the buyer. Extrajudicial collection costs shall be calculated based on the collection rates of the Netherlands Bar Association, with a minimum of €300 per invoice.
If the buyer fails to comply punctually with any payment and/or other obligations towards DZS, or if the buyer applies for a suspension of payments, or if the buyer or a third party files for the buyer's bankruptcy, or if the buyer applies for debt restructuring under the WSNP or proceeds to sell or liquidate its business, or if an attachment is levied on a substantial part of the buyer's property, DZS shall be entitled to suspend and/or terminate deliveries, work to be performed or other services, without prejudice to DZS's right to demand performance or claim damages. In addition, DZS may demand immediate payment in full, without prior written notice of default, if any of the circumstances listed above occurs.
If the prices of the products and services offered increase between the time the order is placed and its fulfilment, you are entitled to cancel the order or terminate the agreement within ten (10) days of DZS notifying you of the price increase.
Article 4: Delivery
Once payment for an order has been received, the items will be dispatched as soon as possible, provided they are in stock. If an item is unavailable, the customer will be contacted and may cancel the order if desired. If the order has already been paid for, the amount will be refunded to the customer's account within a few days.
DZS applies a maximum delivery period of 30 days. If the ordered products are not delivered within 30 days, the buyer may terminate the purchase agreement.
Delivery times specified by DZS are indicative only. Exceeding any delivery period does not entitle the buyer to compensation.
The products shall be delivered at the place and time at which they are ready for dispatch to the buyer.
DZS is entitled to make deliveries in instalments. DZS shall bear the additional costs of subsequent deliveries.
DZS is not obliged to make deliveries in instalments if part of the order cannot be dispatched immediately as a single consignment.
Article 5: Returns
After receiving the product, the buyer has a 14-day cooling-off period during which they may terminate the agreement and return or exchange the product without giving a reason.
The buyer must notify DZS in writing (by email or letter) within 14 days of receipt and return the product (in its original, complete and undamaged packaging) undamaged, complete and unused.
Items specially ordered by DZS from third parties for the buyer cannot be returned as a matter of course.
Fresh products such as coffee and tea cannot be returned.
The buyer shall bear the costs and risks of returning the product.
DZS does not accept the return of items whose film or seal has been broken.
If the buyer has already made a payment, DZS will refund the amount due for the order within 14 days of notification of your return, provided the product has already been received back in good order.
Article 6: Shipping
The buyer contributes towards the shipping costs. The amount of the shipping costs varies and depends on the country of delivery. Within the Netherlands, the size of the order also determines the shipping costs. Shipping costs are displayed at checkout before the order is finally placed.
Article 7: Retention of title
Until the buyer has paid the full agreed price, DZS retains ownership of the goods to be delivered and delivered. Where an agreement consists of the delivery of goods on the one hand and the performance of work on the other, DZS retains title to the goods until payment has been made for both the goods delivered and the work performed. DZS also reserves title to goods to be delivered in respect of claims related to the agreement arising from a failure by the other party to fulfil its obligations under the agreement, including but not limited to claims for damages and interest.
If any of the circumstances referred to in Article 3 occurs, DZS is entitled, without notice of default being required, to collect or arrange for the collection of goods that remain its property from wherever they are located. If DZS has repossessed the goods, it is entitled to retain them until all amounts due, including interest, costs and damages, have been paid in full, or to terminate the agreement.
Until ownership of the goods sold by DZS has passed to the buyer, the buyer must store the goods separately and with due care. Until ownership has passed to the buyer, the latter must insure the goods against damage. At DZS's first request, the buyer must provide DZS with the insurance policy for inspection.
Article 8: Intellectual and industrial property rights
The buyer must fully and unconditionally respect all intellectual and industrial property rights pertaining to the products supplied by DZS.
DZS does not guarantee that the products supplied to the buyer do not infringe any (unregistered) intellectual and/or industrial property rights of third parties.
Article 9: Complaints and liability
The buyer must inspect upon delivery whether the products conform to the agreement. If they do not, the buyer must contact DZS as soon as possible and in any event within two (2) days of delivery, or after it should reasonably have been possible to discover the issue, at contact info [at] dezeeuwsesommelier.nl.
If a product is defective, the manufacturer/importer will determine whether the product will be repaired or replaced.
If it is likely that the defect is attributable to the buyer or is otherwise at the buyer's expense and risk, the product will, by mutual agreement, be returned in the same condition or repaired/replaced at the buyer's expense.
Products supplied by DZS are covered by the full manufacturer's warranty in accordance with the terms and conditions set by the relevant manufacturer.
DZS bears the risk during transport of the product ordered by the buyer. Upon delivery of the product, the risk passes to the buyer, except for liabilities that DZS cannot exclude by law. When PostNL marks a shipment as "delivered", the product is deemed to have been delivered. The shipment status can be checked at www.postnl.nl.
Article 10: Orders/communication
DZS shall not be liable for misunderstandings, mutilation, delays or improper receipt of order details and communications resulting from the use of the internet or any other means of communication between the buyer and DZS or between DZS and third parties, insofar as they relate to the relationship between the buyer and DZS, unless and to the extent that this is due to intent or gross negligence on the part of DZS.
Article 11: Personal data
DZS respects the privacy of all users of its site and complies with the Personal Data Registration Act. The personal information provided to us by the buyer will always be treated confidentially and with care.
All information entered in the order form is considered personal data.
DZS will use the buyer's personal data to fulfil the agreement. The data will not be made available to third parties.
The personal data policy is set out in greater detail in the privacy policy available on the DZS website: www.dezeeuwsesommelier.nl.
Article 12: Force majeure
Without prejudice to its other rights, in the event of force majeure DZS is entitled, at its discretion, to suspend performance of the order or terminate the agreement without judicial intervention, by notifying the buyer in writing, without DZS being liable to pay any compensation, unless this would be unacceptable according to standards of reasonableness and fairness in the circumstances.
Force majeure means any failure that cannot be attributed to DZS because it is not due to its fault and is not for its account under the law, a legal act or generally accepted commercial practice.
Article 13: Miscellaneous
If the buyer provides DZS with an address in writing, DZS is entitled to send all orders to that address, unless the buyer provides DZS in writing with another address to which orders should be sent.
If DZS has permitted deviations from these Terms, whether tacitly or otherwise, for a short or extended period, this does not affect its right to demand immediate and strict compliance with these Terms at any time. The buyer may never claim any right on the basis that DZS applies these Terms leniently.
If one or more provisions of these Terms or any other agreement with DZS conflict with any applicable legal provision, the provision in question shall lapse and be replaced by a new, legally permissible and comparable provision to be determined by DZS.
DZS is entitled to use third parties in fulfilling your order(s).
Article 14: Governing law and competent court
All rights, obligations, offers, orders and agreements to which these Terms apply, as well as these Terms themselves, shall be governed exclusively by Dutch law.
All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.
Article 15: Complaints procedure
Complaints concerning the performance of the agreement must be submitted to DZS, fully and clearly described, within 7 days after the buyer has discovered the defects.
Complaints submitted to DZS will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, DZS will respond within 14 days with an acknowledgment of receipt and an indication of when the buyer can expect a more detailed response.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
In the event of complaints, the buyer must first contact DZS.
It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend DZS's obligations, unless DZS states otherwise in writing.
Article 16: Disputes
Agreements between DZS and the buyer to which these general terms and conditions apply shall be governed exclusively by Dutch law, even if the buyer resides abroad.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
Article 17: Other
De Zeeuwse Sommelier is part of Van Hilst Koffie en Thee. The name De Zeeuwse Sommelier is used as a brand name by Van Hilst Koffie en Thee and is registered with the Chamber of Commerce under number 09113948.
