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 of the right of withdrawal
Article 9 - The price
Article 10 - Compliance and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or different provisions

 

Article 1 - Definitions

In these conditions, the following terms are defined:

• Reflection Period: the period within which the consumer can exercise their right of withdrawal;

• Consumer: a natural person not acting in the course of their profession or business who enters into a distance contract with the entrepreneur;

• Day: calendar day;

• Continuous Transaction: a distance contract concerning a series of products and/or services, where the obligation of supply and/or purchase is spread over time;

• Durable Medium: any tool allowing the consumer or entrepreneur to store information addressed personally to them in a way that enables future access and unaltered reproduction of the stored information;

• Right of Withdrawal: the ability for the consumer to withdraw from the distance contract within the reflection period;

• Model Form: the withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal;

• Entrepreneur: a natural or legal person offering products and/or services at a distance to consumers;

• Distance Contract: a contract concluded within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, exclusively using one or more techniques of remote communication up to and including the conclusion of the contract;

• Technique of Remote Communication: a means that can be used to conclude a contract without the simultaneous physical presence of the consumer and the entrepreneur in the same space.

• General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

K. Aarsman BV
Stevinstraat 6, 9351 VK Leek (Netherlands)
Phone Number: 085-4017838
Email Address: info@rarevintagewhisky.nl
Chamber of Commerce Number: 85106291
VAT Identification Number: NL863511168B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract and orders between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and will be sent to the consumer free of charge upon request as soon as possible.

If the distance contract is concluded electronically, in deviation from the preceding paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer by electronic means in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request of the consumer.

In case specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these conditions will remain in force for the rest, and the relevant provision will be replaced in mutual consultation immediately by a provision that approaches the original intention as much as possible.

Situations not provided for in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The Offer

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, they are a true representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the contract.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are associated with the acceptance of the offer. This concerns, in particular:

• the price including taxes;
• any shipping costs;
• the way in which the contract will be concluded and what actions are required for this;
• the applicability or non-applicability of the right of withdrawal;
• the method of payment, delivery, and execution of the contract;
• the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
• the rate for communication at a distance if the costs of using the distance communication technique are calculated on a different basis than the regular basic rate for the communication method used;
• whether the contract will be archived after conclusion, and if so, in what way the consumer can access it;
• how the consumer can check and, if desired, correct the data provided by them in the context of the contract before the contract is concluded;
• any other languages in which, besides Dutch, the contract can be concluded;
• the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct by electronic means; and
• the minimum duration of the distance contract in the case of a continuous transaction.

5 - THE AGREEMENT

The agreement is concluded, subject to what is stipulated in section 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this.

Within the product or service, the entrepreneur will provide the following information to the consumer in a written form or in a way that can be stored by the consumer in an accessible way on a durable medium:

• the visitation address of the entrepreneur's establishment where the consumer can address complaints;
• the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• information about warranties and existing service after purchase;
• the data mentioned in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement; In the case of a continuous transaction, the provision in the previous paragraph shall only apply to the first delivery.

Every agreement is entered into subject to the suspensive condition of sufficient availability of the respective products.

6 - RIGHT OF WITHDRAWAL

Upon delivery of products:

Upon the purchase of products, the consumer has the option to dissolve the agreement within 14 days without giving any reasons. This reflection period starts on the day after the consumer or a designated representative by the consumer, and known to the entrepreneur, has received the product.

During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they decide to exercise their right of withdrawal, they shall return the product to the entrepreneur with all accessories delivered and, if reasonably possible, in the original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this using the model form. After notifying the intention to use the right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in a timely manner, for example, by providing proof of shipment.

If, after the periods mentioned in paragraphs 2 and 3, the customer has not notified the intention to use their right of withdrawal or has not returned the product to the entrepreneur, the purchase is final. Please note: These are the return conditions for consumer orders/private orders. The right of withdrawal under the Civil Code applies only to consumer orders. The Distance Selling Act does not apply to B2B/business orders. For this, refer to the return conditions on our website under the heading Shipping and Returns.

Upon delivery of services:

Upon delivery of services, the consumer has the option to dissolve the agreement within at least 14 days, starting on the day of entering into the agreement.

To exercise their right of withdrawal, the consumer shall adhere to the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the time of delivery.

7 - COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, they shall bear the maximum costs of returning the product.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after withdrawal, provided that the product has already been received by the online retailer or conclusive evidence of complete return can be provided. Repayment will be made using the same payment method used by the consumer, unless the consumer explicitly agrees to another payment method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any decrease in value of the product.

The consumer cannot be held liable for any decrease in the value of the product if the entrepreneur has not provided all legally required information regarding the right of withdrawal before the conclusion of the purchase agreement.

8 - EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before concluding the agreement.

Exclusion of the right of withdrawal is only possible for products:

• which are made according to the consumer's specifications;
• which are clearly personal in nature;
• which cannot be returned due to their nature;
• which can quickly deteriorate or age;
• whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
• for loose newspapers and magazines;
• for audio and video recordings and computer software where the consumer has broken the seal;
• for hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

• concerning accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
• for which delivery has commenced with the explicit consent of the consumer before the reflection period has expired;
• concerning bets and lotteries.

9 - THE PRICE

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Contrary to the previous clause, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and which the entrepreneur has no influence over, with variable prices. The dependency on fluctuations and the possible indicative prices will be mentioned in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

• they result from legal regulations or provisions; or
• the consumer has the authority to terminate the agreement from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

10 - CONFORMITY AND WARRANTY

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications mentioned in the offer, with the reasonable requirements of soundness and/or usability, and with the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed upon, the entrepreneur also ensures that the product is suitable for purposes other than normal use. Note: Warranty does not apply to wear and tear products, such as the inner layer/coating or outer layer/coating of pans. This is because wear and tear or damage depends on the consumer's use. Note-2: There is no warranty for breakage of crockery. Only certain parts of certain porcelain crockery lines have chip warranty. This is specifically indicated on the product. Warranty covers repair or replacement.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's legal rights and claims against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for every individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

• The consumer has repaired and/or processed the delivered products themselves or has had them repaired and/or processed by third parties.
• The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur's instructions and/or treated on the packaging.
• The defectiveness is wholly or partly the result of regulations that the government has or will impose regarding the nature or quality of the materials used.