Terms and Conditions
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 right of withdrawal
Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: 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:
1. Reflection period: the period within which the consumer can make use of his
right of withdrawal;
2. Consumer: the natural person who does not act in the exercise of a profession or business and
enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract with regard to a series of products
and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to
store information that is addressed to him personally in a way that is future-proof
consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the option for the consumer to cancel within the cooling-off period
of the distance contract;
7. Model form: the model form for withdrawal that the entrepreneur makes available
which a consumer can fill in if he wants to make use of his right of withdrawal.
8. Entrepreneur: the natural or legal person who supplies products and/or services at a distance
offers consumers;
9. Distance Agreement: an agreement whereby the
entrepreneur organized system for distance selling of products and/or services,
up to and including the conclusion of the agreement, only one or
more remote communication techniques;
10. Technique for distance communication: means that can be used for closing
of an agreement, without the consumer and entrepreneur being in the same room at the same time
have come together.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 - Identity of the entrepreneur
Adriavino | Wine, import, presentation and sourcing.
Business address: Binnen Bantammerstraat 23.
Visiting address: Binnen Bantammerstraat 23.
Phone number: +316 29295302 | Monday to Friday 09:00 - 20:00 - Saturday 09:00 - 18:00.
Email address: info@adriavino.eu
Chamber of Commerce number: 82496579
VAT identification number: NL003691794B16
If the activity of the entrepreneur is subject to a relevant licensing system: the
data on the supervisory authority:
If the entrepreneur exercises a regulated profession:
- the professional association or organization with which he is affiliated;
- the professional title, the place in the EU or the European Economic Area where it was awarded;
- a reference to the professional rules that apply in the Netherlands and indications where
and how these professional rules are accessible.
Article 3 - Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every
concluded distance contract and orders between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of this general
conditions made available to the consumer. If this is not reasonably possible,
before the distance contract is concluded, it is indicated that the general
terms and conditions can be viewed at the entrepreneur and they can be viewed as soon as requested by the consumer
may be sent free of charge.
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
be made available to the consumer electronically in such a way that
it can be easily stored by the consumer in a sustainable way
data carrier. If this is not reasonably possible, the distance contract will be concluded before
is concluded, the general terms and conditions will be indicated electronically
can be consulted and that, at the request of the consumer, they are made electronically or
otherwise be sent free of charge.
4. In the event that specific product or
terms and conditions of service apply, the second and third paragraphs are corresponding
applicable and the consumer can always opt out in the event of conflicting general terms and conditions
invoke the applicable provision most favorable to him.
5. If one or more provisions in these general terms and conditions at any time in whole or in part
are partially null and void or are destroyed, then the agreement and these terms and conditions will prevail
the remainder shall remain in effect and will immediately replace the relevant provision in mutual consultation
by a provision that approaches the purport of the original as much as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed 'by
the spirit' of these terms and conditions.
7. Uncertainties about the explanation or content of one or more provisions of our
terms and conditions, should be interpreted 'in the spirit' of these terms and conditions.
Article 4 - The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be
expressly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
3. The offer contains a complete and accurate description of the products offered
and/or services. The description is sufficiently detailed to allow a proper assessment of it
supply by the consumer. If the entrepreneur uses
images are a true representation of the offered products and/or
services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4. All images, specifications and data in the offer are indications and cannot be a reason
to compensation or dissolution of the agreement.
5. Images accompanying products are a true representation of the products offered.
Entrepreneur cannot guarantee that the displayed colors exactly match the real ones
colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and
are obligations that are attached to the acceptance of the offer. This concerns in it
special:
ï‚· the price including taxes;
ï‚· any shipping costs;
ï‚· the manner in which the agreement will be concluded and which actions
are necessary for this;
ï‚· whether or not the right of withdrawal applies;
ï‚· the method of payment, delivery and performance of the agreement;
ï‚· the term for acceptance of the offer, or the term within which the
entrepreneur guarantees the price;
ï‚· the amount of the rate for distance communication if the costs of the
use of the technology for distance communication are calculated on a
basis other than the regular basic rate for the used
means of communication;
ï‚· whether the agreement will be archived after the conclusion, and if so, on which file
the manner in which it can be consulted by the consumer;
ï‚· the way in which the consumer, before concluding the agreement, the
can check data provided in the context of the agreement and if
restore desired;
ï‚· any other languages in which the agreement can be made, in addition to Dutch
be closed;
ï‚· the codes of conduct to which the entrepreneur has subjected himself and the manner
on which the consumer can consult these codes of conduct electronically;
and
ï‚· the minimum duration of the distance contract in case of a duration transaction.
ï‚· Optional: available sizes, colours, type of materials.
​
Article 5 - The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of
acceptance by the consumer of the offer and compliance with the corresponding requirements
conditions.
2. If the consumer has accepted the offer electronically, the consumer will confirm
entrepreneur without delay by electronic means of receipt of the acceptance of it
offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the
consumer dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organizational measures to secure the electronic transfer of data and he ensures
for a secure web environment. If the consumer can pay electronically, the entrepreneur
observe appropriate safety measures.
4. The entrepreneur can inform himself - within legal frameworks - or inform the consumer
can meet its payment obligations, as well as all those facts and factors that are important
for a responsible conclusion of the distance contract. If the entrepreneur on grounds
of this investigation has good grounds not to enter into the agreement, he is entitled
motivated to refuse an order or request or to implement special conditions
to connect.
5. The entrepreneur will provide the consumer with the following information in writing with the product or service
or in such a way that it can be accessed by the consumer
stored on a durable data carrier, enclose:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints
can;
b. the conditions under which and the manner in which the consumer of the right of withdrawal
can use, or a clear statement about being excluded from it
right of withdrawal;
c. the information about warranties and existing after-sales service;
d. the information included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has this
has already provided information to the consumer before the performance of the agreement;
e. the requirements for termination of the agreement if the agreement has a duration of
is more than one year or of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the
first delivery.
7. Every agreement is entered into under the conditions precedent of sufficient
availability of the relevant products.
Article 6 - Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option of canceling the agreement without
statement of reasons to dissolve during 14 days. This cooling-off period starts on the day
after receipt of the product by the consumer or a pre-designated by the consumer
and representative made known to the entrepreneur.
2. During the cooling-off period, the consumer will treat the product and the packaging with care. He
will only unpack or use the product to the extent necessary to do so
assess whether he wishes to keep the product. If he uses his right of withdrawal
makes the product with all accessories supplied and - if reasonably possible - in
return the original condition and packaging to the entrepreneur, in accordance with the
entrepreneur provided reasonable and clear instructions.
3. If the consumer wishes to make use of his right of withdrawal, he is obliged to do so
within 14 days after receipt of the product, to make known to the entrepreneur. It
the consumer must make this known by means of the model form. After the consumer
has indicated 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 on time, for example by means of a proof of postage.
4. If the customer has not made known after the expiry of the periods referred to in paragraphs 2 and 3
wanting to make use of his right of withdrawal resp. the product does not belong to the entrepreneur
returned, the sale is a fact.
When providing services:
5. When services are provided, the consumer has the option of canceling the contract without specifying
of reasons for at least 14 days, starting on the day of entering into
of the agreement.
6. In order to make use of his right of withdrawal, the consumer will refer to the conditions specified by the consumer
reasonable and clear information provided by the entrepreneur with the offer and/or at the latest upon delivery
instructions.
Article 7 - Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs will not exceed
return shipping at his expense.
2. If the consumer has paid an amount, the entrepreneur will pay this amount as soon as possible
possible, but no later than 14 days after cancellation. Here is the condition
that the product has already been received back by the web retailer or conclusive proof of complete
return can be discussed. Refund will be made via the same payment method that
has been used by the consumer unless the consumer gives explicit permission for a
other payment method.
3. In the event of damage to the product due to careless handling by the consumer himself, the
consumer liable for any reduction in value of the product.
4. The consumer cannot be held liable for any reduction in value of the product
when the entrepreneur does not provide all legally required information about the right of withdrawal
provided, this must be done before concluding the purchase agreement.
Article 8 - Exclusion right of withdrawal
1. The entrepreneur can exclude the consumer's right of withdrawal for products such as
described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the
entrepreneur has made this clear in the offer, at least in time for the conclusion of the agreement
mention.
2. Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with specifications of the
consumer;
b. that are clearly personal in nature;
c. which cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market on which the
entrepreneur has no influence;
f. for loose newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has opened the seal
has broken.
h. for hygienic products of which the consumer has broken the seal.
3. Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed at a certain
date or during a certain period;
b. the delivery of which has begun with the express consent of the consumer before the
cooling-off period has expired;
c. regarding betting and lotteries.
Article 9 - The price
1. During the period of validity stated in the offer, the prices of the offered
products and/or services not increased, except for price changes as a result of changes
in VAT rates.
2. Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are
are subject to fluctuations in the financial market and over which the entrepreneur has no influence
on offer, with variable prices. This bondage to fluctuations and the fact that
any prices stated are target prices, will be stated with the offer.
3. Price increases within 3 months after the conclusion of the agreement are only valid
permitted if they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only valid
permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer has the authority to cancel the agreement with effect from the day
on which the price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typesetting errors. For the consequences of pressure – and
typographical errors, no liability is accepted. In the event of printing and typesetting errors, the entrepreneur is not
obliged to deliver the product according to the incorrect price.
Article 10 - Conformity and Warranty
1. The entrepreneur guarantees 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 existing on the date of the conclusion of the agreement
statutory provisions and/or government regulations. If agreed, the entrepreneur
also guarantees that the product is suitable for other than normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory
rights and claims that the consumer has against the consumer under the contract
entrepreneur can apply.
3. Any defects or incorrectly delivered products must be reported within 2 months after delivery
to be reported to the entrepreneur in writing. Return of the products must take place
in the original packaging and in mint condition.
4. The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. The
However, the entrepreneur is never responsible for the ultimate suitability of the
products for each individual application by the consumer, nor for any advice
with regard to the use or application of the products.
5. The warranty does not apply if:
ï‚· The consumer has repaired and/or processed the delivered products himself or through
has had third parties repair and/or edit;
ï‚· The delivered products have been exposed to abnormal conditions or
otherwise treated carelessly or contrary to the instructions of
the entrepreneur and/or on the packaging have been treated;
ï‚· The defectiveness 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
applied materials.
Article 11 - Delivery and execution
1. The entrepreneur will take the greatest possible care when receiving
and in the execution of orders for products and in the assessment of requests for
provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will
execute accepted orders expeditiously but at the latest within 30 days, unless
consumer has agreed to a longer delivery period. If the delivery is delayed
encounters, or if an order cannot or only partially be executed,
the consumer will be notified of this no later than 30 days after he has placed the order.
In that case, the consumer has the right to dissolve the agreement without costs. The
consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot comply with any stated terms
derive rights. Exceeding a term does not entitle the consumer to
compensation.
5. In the event 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 dissolution,
repay.
6. If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort
to make a replacement item available. At the latest at the time of delivery will be clear and
be reported in a comprehensible manner that a replacement item will be delivered. With replacement
articles, the right of withdrawal cannot be excluded. The cost of any
return shipment are at the expense of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the
time of delivery to the consumer or a predetermined and to the entrepreneur
announced representative, unless expressly agreed otherwise.
Article 12 - Duration transactions: duration, cancellation and renewal
Cancellation
1. The consumer can enter into an agreement that has been entered into for an indefinite period and that extends to the
regular delivery of products (including electricity) or services, at all times
cancel with due observance of the agreed cancellation rules and a
notice period of at most one month.
2. The consumer can enter into 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 all times
at the end of the fixed term with due observance of the agreed terms
cancellation rules and a notice period of no more than one month.
3. The consumer can use the agreements referred to in the previous paragraphs:
ï‚· cancel at any time and not be limited to cancellation at a specific time or in
a certain period;
ï‚· cancel at least in the same way as they have been entered into by him;
ï‚· always cancel with the same notice period as the entrepreneur has for himself
stipulated.
Extension
4. An agreement that has been entered into for a definite period and that extends to regular delivery
of products (including electricity) or services, may not be tacit
extended or renewed for a specified duration.
4. 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 tacitly
be renewed for a specified period of up to three months, if the consumer has this
extended agreement at the end of the extension with a notice period
of at most one month.
5. An agreement that has been entered into for a definite period and that extends to 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 one
notice period of no more than three months in case the agreement extends to the regular,
but less than once a month, delivery of daily, news and weekly newspapers and
Magazines.
6. An agreement with a limited duration for the regular delivery of daily,
news and weeklies and magazines (trial or introductory subscription) are not
tacitly continued and ends automatically at the end of the trial or introductory period.
Duration
7. If an agreement has a duration of more than one year, the consumer may terminate the contract after one year
terminate the agreement at any time with a notice period of no more than one month, unless the
reasonableness and fairness oppose termination before the end of the agreed term
to postpone.
Article 13 - Payment
1. Insofar as not otherwise agreed, the amounts owed by the consumer
amounts must be paid within 7 working days after the commencement of the cooling-off period as referred to
in Article 6 paragraph 1. In the case of an agreement to provide a service, this
term after the consumer has received the confirmation of the agreement.
2. The consumer has the obligation to correct inaccuracies in payment details provided or stated
to report immediately to the entrepreneur.
3. In the event of non-payment by the consumer, the entrepreneur has legal rights
restrictions, the right to collect the reasonable costs made known to the consumer in advance
to take into account.
Article 14 - Complaints procedure
1. The entrepreneur has a sufficiently publicized complaints procedure and handles it
the complaint in accordance with this complaints procedure.
2. Complaints about the implementation of the agreement must be made fully and clearly within 2 months
described are submitted to the entrepreneur, after the consumer has identified the defects
detected.
3. Complaints submitted to the entrepreneur are counted within a period of 14 days from
the date of receipt. If a complaint has a foreseeable longer processing time
questions, the entrepreneur will respond with a message within the period of 14 days
of receipt and an indication when the consumer can receive a more detailed answer
to expect.
4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is amenable
for dispute resolution.
5. In the event of complaints, a consumer must first turn to the entrepreneur. It is also
possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).
6. A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur has notified this in writing
indicates otherwise.
7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will inform her
choice whether to replace or repair the delivered products free of charge.
Article 15 - Disputes
1. On agreements between the entrepreneur and the consumer to which these general
terms and conditions, only Dutch law applies. Even if the
consumer lives abroad.
2. The Vienna Sales Convention does not apply.
Article 16 - Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be detrimental
of the consumer and must be recorded in writing or in such a way that these
can be stored by the consumer in an accessible manner in a sustainable way
data carrier.