Terms & Conditions
Bacchus Brew Terms & Conditions
Contents
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Scope
Article 4 – The offer
Article 5 – The contract
Article 6 – Right of withdrawal
Article 7 – Costs in the event of withdrawal
Article 8 – Exclusion of the right of withdrawal
Article 9 – Prices
Article 10 – Conformity and warranty
Article 11 – Delivery and performance
Article 12 – Continuing contracts: duration, cancellation and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or differing provisions
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
Withdrawal period:
The period within which the consumer may exercise their right of withdrawal.
Consumer:
Any natural person acting for purposes which are wholly or mainly outside their trade, business, craft or profession, and who enters into a distance contract with the trader.
Day:
Calendar day.
Continuing contract:
A distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase extends over a period of time.
Durable medium:
Any medium that enables the consumer or trader to store information addressed personally to them in a way that makes it accessible for a reasonable period and allows it to be reproduced unchanged.
Right of withdrawal:
The consumer's right to withdraw from the distance contract within the withdrawal period without giving any reason.
Model withdrawal form:
The form provided by the trader which the consumer may use if they wish to exercise their right of withdrawal.
Trader:
The natural or legal person offering products and/or services to consumers at a distance.
Distance contract:
A contract concluded under a system organised by the trader for distance selling, using exclusively one or more means of distance communication up to and including the moment the contract is concluded.
Means of distance communication:
Any means that allows a contract to be concluded without the consumer and the trader being physically present at the same time.
Terms and conditions:
These terms and conditions of Bacchus Brew.
Article 2 – Identity of the trader
Spolia Opima B.V.
Zuiddijk 15
1461 EB Zuidoostbeemster
The Netherlands
Telephone: (062) 208-9408
Email: info@bacchusbrew.eu
Chamber of Commerce number (KvK): 42109949
VAT identification number: NL869776162B01
Article 3 – Scope
These terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
Before the distance contract is concluded, the text of these terms and conditions is made available to the consumer. Where this is not reasonably possible, the consumer will be informed before the contract is concluded that the terms and conditions can be inspected at the trader's premises and will be sent free of charge on request.
Where the contract is concluded electronically, the terms and conditions may be made available to the consumer electronically before the contract is concluded, in such a way that they can be stored on a durable medium.
Where this is not possible, the consumer will be told where the terms and conditions can be inspected electronically, and that they will be sent free of charge electronically or by other means on request.
Where specific product or service conditions apply in addition to these terms and conditions, the consumer may, in the event of conflicting provisions, always rely on whichever provision is most favourable to them.
Should any provision of these terms and conditions be or become wholly or partly invalid or void, the contract and the remaining provisions shall remain unaffected. The invalid provision will be replaced without delay by a provision that comes as close as possible to the commercial purpose of the original.
Matters not covered by these terms and conditions will be assessed in the spirit and purpose of these terms and conditions.
Any ambiguity as to the interpretation or content of individual provisions is likewise to be interpreted in the spirit and purpose of these terms and conditions.
Article 4 – The offer
Where an offer is valid for a limited period only, or is subject to conditions, this will be stated explicitly in the offer.
The trader is entitled to amend or adjust the offer at any time.
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 assess the offer properly.
Where the trader uses images, these represent the products and/or services offered as truthfully as possible. Obvious mistakes or errors in the offer are not binding on the trader.
All images, specifications and details are for illustration only and cannot give rise to any claim for damages or termination of the contract.
The trader cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Every offer contains all the information needed to make clear to the consumer which rights and obligations come with accepting the offer. This includes in particular:
- the total price including taxes;
- any delivery costs;
- the way in which the contract is concluded;
- whether or not a right of withdrawal applies;
- the payment, delivery and performance terms;
- the period for which the offer or the price is guaranteed;
- any costs of using means of distance communication;
- whether the contract is archived after conclusion and how it may be consulted;
- the option to review and correct the details entered before the contract is concluded;
- the languages in which the contract may be concluded;
- any applicable codes of conduct and how they may be consulted;
- the minimum duration of a distance contract in the case of continuing contracts.
Article 5 – The contract
Subject to the provisions of paragraph 4 of this article, the contract is concluded when the consumer accepts the offer and meets the conditions set out in it.
Where the consumer has accepted the offer electronically, the trader will confirm receipt of that acceptance electronically without delay. Until that confirmation has been given, the consumer may withdraw from the contract.
Where the contract is concluded electronically, the trader will take appropriate technical and organisational measures to protect the electronic transfer of data and will provide a secure online environment. Where the consumer pays electronically, suitable security measures will be applied.
The trader is entitled, within the limits of the law, to check whether the consumer is able to meet their payment obligations. The trader may also take into account any facts and circumstances relevant to entering into the contract responsibly. If that assessment gives the trader sound reasons not to enter into the contract, the trader is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
No later than on delivery of the product or service, the trader will provide the consumer with the following information on a durable medium:
- the visiting address of the trader's establishment to which the consumer can address complaints;
- the conditions for and manner of exercising the right of withdrawal, or a clear statement where the right of withdrawal is excluded;
- information about warranties and after-sales service;
- the details referred to in Article 4, unless the trader has already provided these to the consumer before the contract was concluded;
- the requirements for cancelling the contract, where the contract has a duration of more than one year or an indefinite duration.
In the case of continuing contracts, the above obligation to provide information applies only to the first delivery.
Every contract is entered into subject to the condition precedent that the products ordered are sufficiently available.
Article 6 – Right of withdrawal
On delivery of products
The consumer has the right to withdraw from the contract within 14 days of receiving the goods, without giving any reason.
The withdrawal period begins on the day after the goods are received by the consumer or by a third party named by them.
During the withdrawal period, the consumer must handle the product and its packaging with care. They may only unpack or use the product to the extent necessary to establish its nature, characteristics and functioning.
If the consumer exercises their right of withdrawal, they must return the product with all accessories supplied, as far as reasonably possible in its original condition and packaging, in accordance with the trader's reasonable instructions.
The consumer must inform the trader clearly of their withdrawal within 14 days of receiving the goods. This may be done using the model withdrawal form or by an unambiguous statement, for example by email.
Having declared their withdrawal, the consumer must return the goods within 14 days.
The burden of proof for returning the goods on time rests with the consumer, for example by providing proof of postage.
If neither notice of withdrawal nor the return of the goods takes place within the periods stated, the purchase is deemed final.
For services
For services, the consumer has the right to withdraw from the contract within at least 14 days of the contract being concluded, without giving any reason.
The instructions provided by the trader in the offer, or at the latest when the contract is concluded, apply to the exercise of the right of withdrawal.
Article 7 – Costs in the event of withdrawal
If the consumer exercises their right of withdrawal, they bear at most the direct cost of returning the goods.
If the consumer has already made a payment, the trader will refund it no later than 14 days after receiving the withdrawal. This is subject to the goods having already been received by the trader, or clear proof of complete return being provided.
Refunds are made using the same payment method the consumer used for the order, unless expressly agreed otherwise.
If the consumer causes a loss of value through improper handling of the goods, they are liable for that loss of value.
The consumer is not liable for any loss of value, however, if the trader failed to inform them properly of their statutory right of withdrawal before the contract was concluded.
Article 8 – Exclusion of the right of withdrawal
The trader may only exclude the right of withdrawal in the cases permitted by law. Any such exclusion must be stated clearly in the offer before the contract is concluded.
The right of withdrawal may in particular be excluded for products:
- made to the customer's specification;
- clearly tailored to the consumer's personal requirements;
- which by their nature are not suitable for return;
- which spoil quickly or whose shelf life is quickly exceeded;
- whose price depends on fluctuations in the financial market which the trader cannot influence;
- consisting of individual newspapers or magazines;
- consisting of audio or video recordings or computer software, where the seal has been broken after delivery;
- consisting of hygiene items or sealed goods whose seal has been removed after delivery and which are not suitable for return for reasons of health protection or hygiene.
The right of withdrawal may also be excluded for services:
- relating to accommodation, transport, catering or leisure activities, where a specific date or period has been agreed for performance;
- where performance has begun with the consumer's express consent before the withdrawal period has expired;
- relating to betting and lotteries.
Article 9 – Prices
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except where price changes result from changes in statutory VAT rates.
By way of exception, the trader may offer products or services at variable prices where those prices depend on fluctuations in financial markets beyond the trader's control. The offer will state expressly that prices are linked to such fluctuations and that any prices quoted may be indicative.
Price increases within three months of the contract being concluded are only permitted where they result from statutory rules or measures taken by the authorities.
Price increases more than three months after the contract is concluded are only permitted where:
- they result from statutory rules; or
- the consumer is entitled to cancel the contract with effect from the date the price increase takes effect.
All prices stated in the offer include statutory VAT unless stated otherwise.
All prices are subject to printing, typing and typesetting errors. The trader accepts no liability for the consequences of such errors. In the case of an obvious pricing error, the trader is not obliged to supply the goods at the incorrectly stated price.
Article 10 – Conformity and warranty
The trader warrants that the products and/or services supplied conform to the contract, to the specifications stated in the offer, to reasonable requirements of quality and fitness for purpose, and to the statutory provisions in force at the time the contract was concluded.
Where expressly agreed, the trader also warrants that the product is suitable for a use other than the ordinary one.
Any guarantee given by the trader, manufacturer or importer is without prejudice to the consumer's statutory rights.
The statutory warranty provisions apply to all products. The duration of the statutory warranty depends on the nature of the product concerned and the applicable statutory rules.
Obvious defects or incorrect deliveries must be notified to the trader in writing within two months of discovery.
The warranty lapses where:
- the consumer has altered or repaired the products supplied themselves, or had them altered or repaired by third parties;
- the products have been used improperly, exposed to unusual conditions, or handled contrary to the trader's instructions or those on the packaging;
- the defect results wholly or partly from statutory rules regarding the materials used.
Article 11 – Delivery and performance
The trader will exercise the greatest possible care when receiving and carrying out orders and when handling requests for services.
The delivery address is the address given by the consumer when placing the order.
Subject to the provisions of this article, the trader will carry out accepted orders as quickly as possible and in any event within 30 days, unless a different delivery period has been agreed.
If delivery is delayed, or if an order cannot be carried out in whole or in part, the consumer will be informed no later than 30 days after placing the order.
In that case the consumer has the right to cancel the contract free of charge. There is no entitlement to compensation.
All delivery times stated are indicative. No rights can be derived from stated delivery times. Exceeding a delivery period does not entitle the consumer to compensation.
Where the contract is cancelled in accordance with the above provisions, the trader will refund the amount already paid no later than 14 days after the contract ends.
If delivery of an ordered product proves impossible, the trader will endeavour to offer an equivalent replacement. The consumer will be informed clearly, no later than on delivery, that a replacement product is being supplied. The statutory right of withdrawal applies in full to replacement products. The cost of any return is borne by the trader.
The risk of loss of or damage to the goods passes to the consumer only on delivery to the consumer or to a recipient named by them, unless expressly agreed otherwise.
Article 12 – Continuing contracts: duration, cancellation and renewal
Cancellation
The consumer may cancel a contract concluded for an indefinite period for the regular supply of products or services at any time, subject to a notice period of no more than one month.
A contract concluded for a fixed period for the regular supply of products or services may be cancelled with effect from the end of the agreed term, subject to a notice period of no more than one month.
The consumer may cancel such contracts:
- at any time, without being restricted to a particular time for cancelling;
- in the same way as the contract was concluded;
- always with the same notice period as applies to the trader.
Renewal
A fixed-term contract for the regular supply of products or services may not be tacitly renewed for a further fixed period.
By way of exception, contracts for the regular supply of daily newspapers, weekly newspapers or magazines may be tacitly renewed for a maximum of three months, provided the consumer can end the renewed contract with a notice period of no more than one month.
A fixed-term contract may only be tacitly renewed for an indefinite period where the consumer can cancel it at any time with a notice period of no more than one month.
Duration
Where a contract has a duration of more than one year, the consumer may cancel it at any time after one year with a notice period of no more than one month, unless reasonableness and fairness dictate otherwise.
Article 13 – Payment
Unless agreed otherwise, amounts owed by the consumer are payable within 7 working days of the start of the withdrawal period referred to in Article 6(1).
In the case of contracts for services, that period begins when the consumer receives confirmation of the contract.
The consumer is obliged to notify the trader without delay of any inaccuracies in the payment details provided or given.
Where the consumer fails to meet their payment obligations, the trader is entitled, subject to statutory limits, to charge the consumer reasonable costs notified in advance.
Article 14 – Complaints procedure
The trader operates an adequately publicised complaints procedure and handles complaints in accordance with it.
Complaints about performance of the contract must be submitted to the trader, fully and clearly described, within two months of the consumer identifying the defect.
Complaints received will be answered within 14 days of receipt. Where handling a complaint requires more time, the consumer will receive an acknowledgement of receipt within that period, together with an indication of when a full response can be expected.
Where a complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the statutory dispute resolution procedures.
The consumer should first raise any complaint with the trader.
Where the trader is a member of a recognised quality assurance body or dispute resolution scheme, the consumer may refer the matter to that body if the complaint could not be resolved by mutual agreement.
A complaint does not suspend the trader's obligations unless the trader expressly agrees otherwise in writing.
Where the trader finds a complaint to be justified, the trader will, at its discretion, replace or repair the product concerned free of charge, or refund the purchase price.
Article 15 – Disputes
All contracts between the trader and the consumer to which these terms and conditions apply are governed exclusively by Dutch law.
This also applies where the consumer is resident outside the Netherlands. Mandatory consumer protection rules of the consumer's country of residence remain unaffected.
The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.
Article 16 – Additional or differing provisions
Provisions that add to or differ from these terms and conditions may not be to the consumer's disadvantage.
Such provisions must be recorded in writing, or made available to the consumer on a durable medium in a way that allows them to be stored and reproduced at any time.