Article 1 Definitions
1. In these general conditions the following terms have the following meanings, unless explicitly stated otherwise. Whiskysite.nl: the user of the general terms and conditions; Consumer: a party who is a natural person not acting in the course of a business or profession; Agreement: the agreement between Whiskysite.nl and consumers; Consumer purchase: the agreement of purchase and sale relating to movable property, which is closed by a seller acting in the exercise of a profession or business and a consumer, natural person not acting in the exercise of a profession or business .
Article 2 General
1. These conditions apply to every offer, tender and agreement between a consumer and Whiskysite.nl which Whiskysite.nl has stated, if these conditions are not both parties. Expressly and in writing these conditions apply
2. The terms also apply to agreements with Whiskysite.nl, for which third parties should be involved.
3. Any exceptions to these general conditions are valid only if agreed upon in writing.
Article 3 Prices
1. All prices on the website are Whiskysite.nl both including and excluding the currently applicable VAT rate.
2. Prices for the products are used as stated on the website of Whiskysite.nl subject to price changes and typographical errors. Whiskysite.nl has the right to the consumer, for delivery or acceptance, to inquire about pricing errors.
3. Whiskysite.nl products are delivered at the price on the date of the order.
4. If the consumer does not agree with the price change has Whiskysite.nl and the consumer's right to cancel the agreement. Free
5. Calculations for shipping, deals, discounts, etc are always on the amounts excluding VAT.
Article 4 deals and offers
1. All offers and quotations are free and in written form, unless Whiskysite.nl for practical, urgent or other reasons forgoes a written offer. The offer provides for a date or date, or is determined by date.
2. Whiskysite.nl is only bound by quotations and offers if the acceptance thereof, preferably in writing, by the consumer, within 30 days. Mentioned in a quote prices include VAT, unless otherwise indicated.
3. Whiskysite.nl can not be held if the consumer, in terms of reasonableness and fairness in society prevailing views, ought to understand that the offer or tender or any part of an obvious mistake or error on his offers and tenders contains.
4. If the acceptance deviates (on secondary items) from the offer given, included in the Whiskysite.nl not bound. The agreement is not in accordance with said deviating acceptance, unless Whiskysite.nl indicates otherwise.
5. A compound quotation Whiskysite.nl not to supply a portion of the goods included in the offer or tender against a corresponding part of the given quotation.
6. Offers and tenders shall not apply automatically to repeat orders.
Article 5 Conclusion of the agreement
1. A contract is only concluded after acceptance of the offer of Whiskysite.nl on the Internet or otherwise. Acceptance takes place after receipt of your order by Whiskysite.nl. Upon acceptance, the consumer shall receive confirmation, orally, via email or otherwise.
2. Whiskysite.nl is entitled to refuse orders or attach certain conditions to the delivery orders or contracts, unless otherwise specified. If an order is not accepted, Whiskysite.nl this within ten (10) days after receipt of the order.
Article 6 Termination of the agreement
1. If your order has not been shipped, you within 7 days of your order without charge.
2. Consumers are entitled to within 14 days to return your order. Following delivery Returns must be in original packaging, undamaged and with sufficient postage to be sent. Consumers must register in advance at Whiskysite.nl your return. Not registered shipments will not be reimbursed. Whiskysite.nl reserves the right to pay when it is suspected that the goods have been used or damaged after receipt. Return a portion of the amount
Article 7 Supply
1. Unless otherwise agreed, delivery from the warehouse of Whiskysite.nl.
2. The consumer is obliged to take the time it available to him or are made to him. Handed the purchased goods
3. If the consumer refuses or fails to provide information or instructions necessary for the delivery of the goods destined for delivery shall be stored at the risk of the consumer after Whiskysite.nl has informed him. Consumers will pay all additional costs are due in this case.
4. Stated delivery times are indicative of Whiskysite.nl. A specified delivery time is never a deadline. Exceeding the delivery time Whiskysite.nl will notify you via e-mail. Delivery times will never exceed the specified delivery time by more than 30 days, except in the case of force majeure. When a term is exceeded, the consumer shall. Whiskysite.nl written notice of default The consumer is entitled to when crossing the delivery time to cancel the agreement.
5. If it is agreed that delivery will be carried out in stages Whiskysite.nl to the execution of the parts belonging to a following stage until the consumer in writing. The results of the preceding stage
6. Where Whiskysite.nl requires information from the consumer in the context of implementation of the agreement, the delivery shall commence after the consumer has given them. Available to Whiskysite.nl.
7. You may be subject to import duties, local taxes and customs administration charges. We have no control over these and cannot predict what they will be. The recipient will be responsible for payment of these Duties and Taxes, in full. Please contact your local Customs office to get more information. You are responsible for complying with all Dutch legislation and with legislation in the recipient country. We will not be liable if you break any such law.
Article 8 Guarantee
1. Whiskysite.nl guarantees that the delivered goods meet the usual requirements and standards that can be made and are free from any defects.
2. The guarantee mentioned under 1. Shall also apply if the goods to be delivered are destined for use abroad and consumer of this service at the time of entering into the agreement expressly made to Whiskysite.nl. Written notice
3. The guarantee mentioned under 1. Valid for a period of 6 months after delivery.
4. The purchase is evidence regarding the warranty.
5. If the delivered goods do not meet these guarantees, Whiskysite.nl will, within a reasonable time after receipt or, if return is not reasonably possible following notification of the defect by consumer choice Whisky Site. com or replaced to the repair. In case of replacement consumer already now undertake to return the replaced good to Whiskysite.nl and provide. Ownership of it to Whiskysite.nl
6. The warranty does not apply to this set if the defect was caused by incorrect or improper use or when, without the written permission of Whiskysite.nl, consumer or third parties have made or attempted to make the case or have changes used for purposes for which the case is not intended.
7. If the item delivered does not correspond with what was agreed and this non-conformity is a defect in the sense of the regulation of the product, then Whiskysite.nl in principle not liable for consequential damages.
Article 9 Samples and Models
1. If Whiskysite.nl by a model or sample was shown or provided to consumers, then tunes the case being similar, unless given by way of indication.
Article 10 Retention of title
1. Whiskysite.nl remains owner of the delivered until the time that the purchase price is paid in full.
Article 11 Inspection & Complaints
1. The consumer is obliged delivered at the time (off) delivery, but within the shortest possible time at least (do). In addition, the consumer must examine whether the quality and quantity of the delivered goods comply with what was agreed, at least meets the requirements that are common in normal (business) transactions.
2. Possible visible shortcomings must be reported with the simultaneous submission of the warranty and the defective item, unless this is impossible or unreasonably difficult. Within three days after delivery to Whiskysite.nl
3. A non-visible defect must notify Whiskysite.nl in compliance with the provisions of the preceding paragraph of this article. Consumers within eight days after discovery, but within the warranty period After the warranty period is entitled to charge Whiskysite.nl. All costs for repair or replacement, including administration, shipping and delivery cost
4. If a complaint is made under the previous paragraph, timely consumer remains obliged to accept and pay for the items purchased. Consumer wishes to return defect goods, he shall do so with the prior written permission of the Whiskysite.nl and in the manner specified by Whiskysite.nl.
Article 12 Transfer of Risk
1. The risk of loss or damage to the products covered by the agreement, shall be transferred to consumer at the moment they are legally and / or actually delivered to the consumer and in the power of consumer or by a consumer to designate a third party to be charged.
Article 13 Price Increase
1. Whiskysite.nl If at the conclusion of the agreement on a certain price to the consumer, Whiskysite.nl nevertheless be entitled to increase the price, even if the price were subject is not specified.
2. If a price increase occurs within three months after the conclusion of the contract, the consumer may terminate the contract by written notice terminate regardless of the percentage of the increase, unless the power to price increase resulting from an authority pursuant to the law.
3. If the price increase takes place three months after the conclusion of the contract, the consumer is entitled to rescind the price increase is more than 10%, unless the price increase is the result of a change in the agreement or the increase resulting from the agreement an authority pursuant to the law.
Article 15 Collection costs
1. If the consumer is in default or default in the performance of any of its obligations, all reasonable costs incurred in obtaining payment out of court on behalf of consumers.
2. Whiskysite.nl is entitled to wear. Upon failure to pay the claim for collection
3. Anyway, the consumer extrajudicial collection costs in the event of a claim. The extrajudicial collection costs amount to 15% of the principal amount with a minimum of € 50.00
4. If Whiskysite.nl proves to have incurred higher expenses, which were reasonably necessary, shall also qualify for reimbursement.
Article 16 Safeguarding
1. Consumers Whiskysite.nl indemnify against claims by third parties concerning intellectual property rights on material or information used. In the execution of the contract, the consumer
2. If consumer Whiskysite.nl information carriers, electronic files or software etc., this guarantees that the data carriers, electronic files or software are free of viruses and defects.
Article 16 Intellectual Property and Copyrights
1. Notwithstanding the other provisions of these general conditions, Whiskysite.nl the rights and powers that Whiskysite.nl entitled under the Copyright Act.
2. The consumer is not allowed to bring, unless it follows from the nature of the goods supplied or otherwise agreed in writing otherwise. Changes in the business to
3. Designs, possibly produced by the Whiskysite.nl under the agreement, sketches, drawings, films, software and other material or (electronic) files, remain the property of Whiskysite.nl, whether the consumer or made, unless otherwise agreed. available to third parties
4. All documents by Whiskysite.nl, such as designs, sketches, drawings, films, software, (electronic) files, etc., are intended to be used by consumers only and may not without prior consent of Whisky Site. nl be reproduced, disclosed or brought, unless the nature of the documents provided dictates otherwise. available to third parties
5. Whiskysite.nl reserves the right to use the gained due to the execution of the work for other purposes, in so far no confidential information to third parties.
Article 17 Liability
1. If the goods delivered by Whiskysite.nl are defective, the liability is limited to what Whiskysite.nl towards consumers in these conditions under "Guarantee".
2. When the producer of a defective product is liable for consequential damages, the liability of the Whiskysite.nl limited to repair or replacement of the product, or refund the purchase price.
3. Notwithstanding the above Whiskysite.nl not be liable if the damage is due to intent and / or gross negligence and / or imputable actions, or injudicious or improper use of consumers.
4. The limitations of liability for direct damage contained in these conditions do not apply if the damage is due to intent or gross negligence of Whiskysite.nl or his subordinates.
Article 18 Force Majeure
1. Parties are not obliged to fulfill any of their obligations if they are hindered due to a circumstance that is not due to negligence, and not under the law, a legal action or generally accepted for its account.
2. Force majeure is understood in these terms and conditions in addition to what is included in the law and jurisprudence, all external causes, foreseen or unforeseen, which Whiskysite.nl can not influence, but which is unable Whiskysite.nl the obligations. Strikes in the company of Whiskysite.nl are included.
3. Whiskysite.nl also be entitled to invoke force majeure if the circumstance rendering (further) fulfillment occurs after Whiskysite.nl should have fulfilled his obligation.
4. Parties may suspend its obligations under the contract during the period that the force majeure. If this period lasts longer than two months, either party may terminate the agreement without any obligation to pay damages to the other party.
5. Insofar Whiskysite.nl at the time of the force majeure already partially fulfilled his obligations under the agreement or will fulfill, and to fulfill and to be an independent value, is entitled to Whiskysite.nl already fulfilled or to be invoiced part separately. Consumer is required to pay if it were a separate agreement this invoice.
Article 19 Disputes
1. The court in the place of Whiskysite.nl has exclusive jurisdiction to hear actions, unless the District Court has jurisdiction. Disputes Nevertheless Whiskysite.nl has the right to submit to the competent according to the law court. Dispute
Article 20 Applicable law
1. Any agreement between the consumer and Whiskysite.nl Dutch law. The Vienna Sales Convention is expressly excluded.