GENERAL TERMS AND CONDITIONS VINEUT
Customer: anyone who places an order with Vineut, whether or not through its website;
Vineut: the other party to the customer and user of these General Terms and Conditions.
1.1 These General Terms and Conditions apply to all offers from, contracts with, orders with and deliveries from Vineut to a customer. These terms and conditions are accessible to anyone and can be consulted via the website. The customer is deemed to have read the terms and conditions. At the customer’s request a written copy of these terms and conditions will be sent to them.
1.2 The customer accepts these General Terms and Conditions at the moment it places an order via this website.
1.3 Deviations from these General Terms and Conditions are valid only and to the extent that these have been expressly agreed in writing. If one or more of the General Terms and Conditions are contrary to a mandatory or legal provision, the provision in question will come to lapse and Vineut reserves the right to replace this provision with a new provision that is legally permissible and similar to the old provision.
1.4 Vineut always retains the right to amend these delivery conditions and the contents of its website and webshop. Nonetheless Vineut attaches great importance to a good relationship with its customers and therefore strives to inform its regular customers of any amendments beforehand.
1.5 Vineut will not deliver anything to persons that are younger than 18 years (or, depending on the country of origin, any higher age that applies to the buying of alcoholic beverages).
1.6 If the content or interpretations of any translation of these General Terms and Conditions is contrary to the Dutch version, the Dutch text will always be decisive.
2.1 All prices on the website are in Euros and are exclusive of VAT (even though the prices are also displayed inclusive of VAT), any other government levies and shipping costs, unless otherwise stated or agreed in writing.
2.2. Other currencies displayed on this website are approximate only and are subject to exchange rate fluctuations.
3.1 Offers from Vineut are non-binding and subject to availability. Obvious mistakes and/or typographic errors in the offers from Vineut, for example on its websites or price lists, do not bind Vineut. Vineut always retains the right to change or revoke offers.
3.2 Vineut always retains the right to amend prices and correct mistakes. If an order placed by a customer is subject to a price change, the customer can cancel this order free of charge if they so desire, without Vineut being held accountable for any damage that could arise from this action.
4.1 If a customer does not reside in the Netherlands, they are at all times (fully) responsible for the declaration and payment of any owed VAT and/or excise duties and/or import duties in the country of receipt.
5.1 In the event that a product is sold out and/or no longer available, Vineut will inform the client of this fact by email as soon as possible, which will lead to the cancellation of the order, without Vineut being held accountable for any damage that could arise from this. Any payments that have already been made will in principle be reimbursed, unless the customer indicates otherwise.
6.1 A contract is made after an order has been placed, followed by the payment of the order, and after Vineut confirmed the order in writing.
Payment of the order must take place in full and directly after placing it, plus the shipping fee, via a payment method offered on the website (like iDeal, credit card or bank transfer). All steps in this online process must therefore be successfully followed. If the customer decides to collect the wine in a store, the customer will only have the possibility to pay the order in advance or to pay in cash upon collection and the contract will be concluded when the order is paid.
6.2 The confirmation of receipt of an order is sent by email the moment the customer completes the payment of the order. The order conformation contains the following information:
- the products ordered and the amounts ordered;
- the price of every product;
- customer data (like name, delivery address, possible billing address);
- order number.
If the order confirmation contains incorrect information or is incomplete, the customer must immediately file a complaint against this in writing.
6.3 If, contrary to the foregoing, it is agreed with Vineut that the payment will take place by means of an invoice, then the payment must take place no later than 7 days after the date on the invoice. Vineut is entitled to send such an invoice by email. Vineut retains the right to cancel an order if payment is not received in due time.
6.4 All products ordered will remain property of Vineut until all payments have been received in full by Vineut.
Delivery and delivery period
7.1 Delivery will take place after the payment has been received by Vineut in due time and in full.
7.2 Vineut will transfer the order to the transport company within 2 working days. The delivery times mentioned on the website are only indicative (Vineut is dependent on third parties for the delivery times). Vineut can never be held liable for any damages suffered due to a delayed delivery. The indicated delivery time must therefore never be considered the final deadline, unless this is explicitly agreed upon between Vineut and the customer in writing.
7.3 Products are delivered to the countries as indicated on Vineut’s website (see “shipping information”). Deliveries to unlisted countries will under no circumstances take place.
7.4 Deliveries are processed by third parties (Vinologix/UPS/DPD etc.). The choice of transport company lies with Vineut. Vineut thereby makes use of internationally licensed transporters with track & trace. If the customer has any specific demands with regard to the shipping or transportation method, they must contact Vineut by email about this, and other arrangements must be made for this in writing. The consequences of damages are in that case fully for the account of the customer. Orders that cannot be delivered are returned to Vineut.
7.5 Vineut always ships its orders with an (all-risk) insurance, unless the customer indicates that they want to collect the order in store. The transportation costs are listed on the website of Vineut (see “shipping information”).
7.6 Vineut retains the right to not ship wine if the temperature is too high or too low (because the wine could be damaged because of this), unless the customer informs Vineut in writing that they take all responsibility for this.
7.7 When collecting the order, the moment of delivery is determined in consultation between the customer and Vineut.
Receipt of the products
8.1 From the moment the order has been delivered, or the moment that can reasonably be considered the delivered, the risk of the order is transferred to the customer. Upon receipt of the order the customer must immediately check the order for any defects or damages/faults. Any problems that might arise must, if possible, directly be reported to the transporter (if the damages are externally visible). The customer must also report any claims within 24 hours by email to Vineut. If there is a report within 24 hours Vineut will settle the claim with its transporter or insurer. Vineut cannot be held responsible and/or liable for the damages as mentioned above after 24 hours because it can no longer hold its transport company or insurer liable for the damage after that period.
9.1 Vineut selects its products/wines carefully based on authenticity and condition. Vineut treats its wines with the greatest possible care upon purchase, storage and shipment. While Vineut strives to sell and deliver quality products, it sells older and exclusive wines, which makes it impossible to provide any form of warranty for a purchase. It therefore cannot warrant the quality of the delivered wines in terms of taste, cork (taste), etc. Any traces of cork are often already present when the wine is bottled (contamination of the wine with certain moulds and/or bacteria), and Vineut cannot recover any costs from this from to the producer or its sellers. The customer therefore buys the wine in the state it is in at the time of purchase. Vineut cannot be held accountable for any defects it could not have perceived, even if this makes the wine unsuitable for the purpose the customer intended for it and it decreases the customer’s enjoyment of the product in such a way that the customer, had they known of the defect before purchase, would not have bought the wine (or for a lower price).
9.3 Vineut does its utmost to present the images of the offered wines/products as truthfully as possible. However, Vineut cannot guarantee that the actual colours and labels do not diverge slightly from the colours on these sample pictures.
10.1 In the unlikely events that Vineut’s products do not live up to the customer’s expectations, the customer can always file a complaint via email or telephone with mention of the order number/invoice number.
10.2 Vineut will process the complaint within the next 24 hours and will look for a solution that will satisfy the customer.
10.3 Because Vineut’s products are alcoholic beverages whose value highly depend on market fluctuations, over which Vineut has no influence, the customer (notwithstanding the cases mentioned in these General Terms and Conditions) is not entitled to terminate the purchase (orders with Vineut are therefore excluded from the so-called ‘right of withdrawal’).
10.4 Because Vineut sells perishable goods, it is only possible to cancel an order before it is shipped out. Payments that were already made will then be reimbursed within the next 24 hours.
Damage and liability
11.1 Vineut is not required to fulfil any obligations towards the customer if it is prevented from doing so due to circumstances that are neither attributable to it, nor incumbent on it pursuant to the law, a legal act, or according to generally accepted standards.
11.2 Vineut cannot be held accountable for misunderstandings, damages, delays or obscurities in orders or announcements as a consequence of the use of the internet or any other mode of communication in the transactions between its website and the customer insofar this relates to the relation between the parties.
11.3 The amount of possible damages can in no event be higher than the value of the invoice amount, and possibly plus the paid shipping fee (insofar as this has not been included in the invoice amount).
11.4 Vineut is never liable for the indirect damages, including personal injury, consequential damages, lost profit, missed savings, damages due to business interruption, environmental damage, damage as a consequence of imposed fines due to a failure to meet the delivery deadline (if the customer purchases products/wines and resells them to third parties without actually owning the products, the customer acts for its own account and risk) and any damages that might have arisen during the transport that takes place for the account and risk of the customer themselves (at their own request). The same applies to damages in any shape or form due to incorrect and/or incomplete data that was issued by the customer.
11.5 In all cases the period in which Vineut can be held accountable for reimbursement of the damages is limited to a maximum of 1 year after delivery of the order.
12.1 Personal data that is needed to place your order will be processed by Vineut confidentially and will not be made available to third parties. When placing an order, the customer declares to have a reached the legal minimum age of 18 years (or, depending on the country of origin, any higher age that applies to the buying of alcoholic beverages).
13.1 All offers from, orders with and deliveries of Vineut to the client to which these General Terms and Conditions can be applied are subject to Dutch law, even if the customer is residing abroad. The Dutch text of these terms and conditions are always decisive for the interpretation of them.
13.2 The District Court of Zeeland-West-Brabant will have exclusive jurisdiction to hear any disputes regarding the offers and/or deliveries of Vineut.