General Terms and Conditions
General Terms and Conditions of IJswijnen.nl, version – April 1, 2022
These general terms and conditions apply to all services, deliveries and other services of both IJswijnen.nl and I4wines. Hereinafter referred to as Entrepreneur.
Nothing from this site may be used by third parties without permission from IJswijnen.nl.
Article 1 – Definitions and Entrepreneur
In these terms and conditions the following terms shall have the following meanings:
1.1 Entrepreneur.
The identity of the Entrepreneur:
Ice wines/ Ice wines.nl/ I4wines/ Dessert wine.nl
Email address: info@ijswijnen.nl
Chamber of Commerce number: 50577220
VAT number: NL002177628B77
Addresses:
The Netherlands
Veilingweg 61, 3981PB, Bunnik
1.2 Durable medium: any instrument that enables the Entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information.
1.3 Order procedure/order: the procedure that runs interactively on the webshop/website to have wines in the broadest sense of the word and wine accessories delivered, regardless of whether this delivery is free of charge or otherwise than free of charge.
Article 2. Applicability
2.1 In addition to these General Terms and Conditions, Additional Terms and Conditions may apply to certain services and/or products, if expressly indicated.
2.2 Deviations from the provisions of these General Terms and Conditions are only permitted if expressly agreed in writing, in which case the other provisions of these terms and conditions will remain in full force.
2.3 If you as a customer refer to your general terms and conditions, then those terms and conditions are expressly not applicable.
2.4 By using the Entrepreneur's webshop and/or placing an order, you as a customer accept these General Terms and Conditions as well as all other rights and obligations as stated on the website.
2.5 The Entrepreneur reserves the right to amend these terms and conditions at all times. The Entrepreneur also reserves the right to amend these terms and conditions to the legal standards of the Netherlands.
2.6 Distance contract: an agreement whereby, within the framework of a system organised by the Entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication.
2.7 The general terms and conditions apply to every offer made by the Entrepreneur and to every distance contract concluded between the Entrepreneur and you.
Article 3. Age, Safety and Completeness
3.1. Age
If you use and/or place an order in the webshop of the Entrepreneur, you can create a user name and password with which you will henceforth have access to the services of the webshop. This data is personal and can only be used for your own use and can only be stored for yourself. You must treat the user name and password confidentially.
Only if you are over 18 years old can you register for the webshop and place orders via the Entrepreneur's website. If products are delivered, the deliverer will ask for identification. Valid identification documents are a national passport, European identity card and a driver's license. Other identification documents are not accepted. If the minimum age requirements are not met, the deliverer is obliged to take the order back. In this case, the cancellation costs of 15.00 euros plus the shipping costs will be charged to the Client.
3.2 Safety
The Entrepreneur does his best to ensure that the websites are virus-free as much as possible, but cannot guarantee this. The Entrepreneur can in no way be held liable for any damage whatsoever to files, software, hardware or consequential damage in the broadest sense of the word.
The webshop contains links to third party websites. These websites are carefully selected. However, the Entrepreneur cannot vouch for the content and functioning of third party websites.
3.3 Completeness
Although the Entrepreneur has created and maintains the webshop with the utmost care, it may nevertheless occur that characteristics of products (price, appearance, alcohol percentage, etc.) are not displayed or depicted correctly. In that case, the characteristics displayed on the packaging of the product itself apply and you cannot claim delivery on the basis of incorrectly displayed information.
Article 4. Privacy Statement
4.1 Personal data
The personal data that you provide via the Entrepreneur's webshop, for example to place an order, will be recorded in a file that will be treated confidentially by the Entrepreneur and in accordance with all applicable privacy regulations.
Your data will not be made available to a third party under any circumstances, unless this is necessary to execute your order, or on the basis of a legal provision, or in an emergency, insofar as this is in the interest of the Client in the opinion of the Entrepreneur.
Article 5. Intellectual property rights
5.1 Webshop ownership rights
All intellectual property rights relating to the webshop, software, texts, images and sounds are held by the Entrepreneur. It is therefore not permitted to publish, reproduce and/or edit the information stated on the webshop without permission, except for personal use.
5.2 Ownership of information sent
If you send us a message, images, photos or other information, this gives the Entrepreneur the right to publish, reproduce and/or edit that (including the name you provided), without owing any compensation to the. Any complaints and the like are not covered by this.
6.1 Due care
The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
6.2 Delivery address
Deliveries will be made to the address provided by you when concluding the agreement.
6.3 Delivery time
Taking into account what is stated in these general terms and conditions, the accepted orders will be executed with due speed but at the latest within 15 days unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, you will receive notification of this at the latest one week after you placed the order. In that case, you have the right to terminate the agreement without costs. In no case are you entitled to compensation. If delivery of an ordered product proves to be impossible, the Entrepreneur can in no case be held liable for this.
6.4 In the event that you are injured, wounded or worse, become ill due to use or otherwise suffer a disadvantage related to your order, the wine, the packaging, etc., the Entrepreneur cannot be held liable in any way.
6.5 The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery. After handover by the delivery person, you must check the order immediately. From the moment you have received the order, all possible risks (damage, loss, shelf life, condition, etc.) rest with you.
6.6 In the event of force majeure, the Entrepreneur is not obliged to fulfil its obligations towards you, or the obligation is suspended for the duration of the force majeure. Force majeure is understood to mean any circumstance beyond its control, which prevents the fulfilment of its obligations towards you in whole or in part. These circumstances include strikes, fire, business disruptions, power failures, serious illness, or non-delivery or late delivery by suppliers or other third parties. Force majeure is also understood to mean disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time.
Article 7 Returns
7.1 When purchasing products, you have the option to return the goods without giving any reason within 14 days. This period commences on the day after receipt of the product.
7.2 If you wish to return the products, you will handle the product and packaging with care during this period and will not open them. If you make use of your right of return, you will return the product with all accessories supplied and in the original condition and original packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the Entrepreneur. You are responsible for properly packaging the products. If the products are damaged or broken during return, you are responsible for the damage.
7.3 The return shipment from you to the Entrepreneur is (until the moment your shipment has been received by us) at your own risk and at your own expense.
7.4 The Entrepreneur will check upon receipt whether the products and packaging are in their original condition. If so, you will receive the original amount back including initial shipping costs.
7.5 If the products are not in their original condition, they will not be accepted by the Entrepreneur and no refund will be made.
Article 8 Payment
8.1 You make the payment for the goods in one go prior to delivery. Only at the moment of receipt of the payment from you does the delivery period of the Entrepreneur commence.
8.2 You are responsible for transferring the amount involved in the order. If the amount is not received by the Entrepreneur for whatever reason, you must file a complaint with the institution where the Client made the transfer. The Entrepreneur is in no way responsible for not receiving your payment. The Entrepreneur can in no way be held liable for not receiving this amount.
8.3 Should you for any reason whatsoever be in default or in breach of one or more of its obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by you. In any case, in the event of a monetary claim, you shall owe collection costs. The collection costs shall be calculated in accordance with the collection rate as advised by the Dutch Bar Association in collection cases.
8.4 If the Entrepreneur demonstrates that he has incurred higher costs, which were reasonably necessary, these will also be eligible for reimbursement.
Article 9 Return of items made available
9.1 If the Entrepreneur has made certain items available to you, whereby the Entrepreneur has indicated in advance that these goods/items must be returned, you are obliged to return the thus delivered within 5 days at the latest in original condition, free of defects and complete. If the Client does not comply with this obligation, all costs resulting from this will be for his account.
9.2 If, for whatever reason, you still fail to comply with the obligation referred to in 9.1. after a reminder to that effect, the Entrepreneur shall have the right to recover the resulting damage and costs, including replacement costs, from you. This also includes consequential damage, including compensation to other clients of the Entrepreneur who have suffered damage from not being able to dispose of the goods/items that you still manage.
10.1 You are not permitted to make changes to items that are the property of the Entrepreneur but are temporarily managed/rented by the Client, unless this has been expressly agreed in writing in advance.
10.2 Any documents provided by the Entrepreneur, such as catalogues, sketches, drawings, etc., are exclusively intended for use by the Entrepreneur and may not be reproduced, made public or brought to the attention of third parties without your prior consent, unless the nature of the documents provided dictates otherwise.
Article 11 Liability
11.1 The limitations of liability for direct damage included in these conditions do not apply if the damage is due to intent or gross negligence of or by yourself. In that case, you are fully liable yourself. The entrepreneur cannot be held liable in any way.
Article 12 Applicable law
12.1 Dutch law applies to every agreement between you and the Entrepreneur. In no case can another law apply, even if that is legislation and regulations in the Netherlands or another country. These General Terms and Conditions are and remain in Dutch and may not be translated into another language.
12.2 If there is a (legal) error in these general terms and conditions, then that article is not invalid, but the purport of the article/general terms and conditions that the Entrepreneur initially intended applies.