Algemene Voorwaarden

General Terms and Conditions Slijterij Drankhuis (hereinafter: Drankhuis) is registered with the Chamber of Commerce under number 51751852 and is located at Bijlmerplein 521 1102 DP in Amsterdam.

Article 1 – Concepts

In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise:

  • Offer: Any written offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inextricably linked.
  • Company: The natural or legal person acting in the exercise of a profession or business.
  • Consumer: The natural person who is not acting in the exercise of a profession or business.
  • Buyer: The Company or the Consumer who enters into a (remote) Agreement with the Seller.
  • Agreement: The (remote) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Drankhuis.
  • Products: The Products offered by Drankhuis are alcoholic beverages.
  • Seller: The supplier of Products to the Buyer, hereinafter: Drankhuis.

Article 2 – Applicability

These general terms and conditions apply to every Offer from Drankhuis and every Agreement between Drankhuis and a Buyer and to every Product offered by Drankhuis. Before a (distance) Agreement is concluded, the Buyer will be given these general terms and conditions. If this is not reasonably possible, Drankhuis will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the Drankhuis website, so that the Buyer can easily store these general terms and conditions on a durable data carrier. In exceptional situations, these general terms and conditions can be deviated from if this has been explicitly agreed in writing with Drankhuis. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchasing conditions of the Buyer are expressly rejected. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision. . Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions. References to she/her in these terms and conditions should also be understood as a reference to he/him/his, if and to the extent applicable.

Article 3 – The Offer

All offers made by Drankhuis are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is only question of an Offer if it has been laid down in writing. The Offer made by Drankhuis is without obligation. Drankhuis is only bound by the Offer if the acceptance thereof is confirmed in writing by the Buyer within the term stated on the Drankhuis website per individual product, or if the Buyer has already paid the amount due. Nevertheless, Drankhuis has the right to refuse an Agreement with a potential Buyer for a valid reason for Drankhuis. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Drankhuis. Any images and specific information in the Offer are only an indication and cannot be grounds for any compensation or dissolution of the Agreement (at a distance). Drankhuis cannot guarantee that the colors in the image exactly match the real colors of the Product. Delivery times and Terms stated in the Offer of Drankhuis are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise. A composite quotation does not oblige Drankhuis to deliver part of the goods included in the offer or offer at part of the quoted price. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the run-out principle.

Article 4 – Formation of the Agreement

The Agreement is concluded at the moment that the Buyer has accepted an Offer from Drankhuis by paying for the relevant Product. An Offer can be made by Drankhuis via the website. If the Buyer has accepted the Offer by concluding an Agreement with Drankhuis, Drankhuis will confirm the Agreement with the Buyer in writing, at least by e-mail. If the acceptance deviates (on minor points) from the Offer, Drankhuis is not bound by it. Drankhuis is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error. The right of withdrawal is excluded for the Buyer being a Company. The Buyer, being a Consumer, has the right to exercise its right of withdrawal within the statutory period when purchasing at a distance (online). If revocation applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of the Buyer. The right of withdrawal of the Buyer, being a Consumer, does not apply if the Buyer has purchased a Product in the physical store of Drankhuis. This does not concern distance selling. In that case, the Buyer is only entitled to exchange the Product for another Product. Returns are not allowed. If the Buyer, being a Consumer, has purchased a Product by means of distance selling (online), he is only entitled to return the Product online. Buyer being a Consumer will not return online purchases in the physical store.

Article 5 – Execution of the Agreement

Drankhuis will execute the Agreement to the best of its knowledge and ability. If and insofar as the proper execution of the Agreement requires this, Drankhuis has the right to have certain activities performed by third parties at its own discretion. The Buyer shall ensure that all data, which Drankhuis indicates are necessary or of which the Buyer reasonably belongs to understand that these are necessary for the execution of the Agreement, are provided to Drankhuis in a timely manner. If the information required for the execution of the Agreement has not been provided to Drankhuis in time, Drankhuis has the right to suspend the execution of the Agreement. In the performance of the Agreement, Drankhuis is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions result in additional work for Drankhuis, the Buyer is obliged to reimburse the additional or additional costs accordingly. Drankhuis may require security from the Buyer or full advance payment before proceeding with the implementation of the Agreement. Drankhuis is not liable for damage of any nature whatsoever that has arisen because Drankhuis relied on incorrect and/or incomplete information provided by the Buyer, unless Drankhuis was aware of this inaccuracy or incompleteness. The buyer indemnifies Drankhuis against any claims from third parties, who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer. The Buyer being a Company is not permitted to resell and/or distribute Products from Drankhuis.

Article 6 – Delivery

If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received on time by Drankhuis or due to other circumstances outside the power of Drankhuis causes any delay, Drankhuis is entitled to a reasonable extension of the delivery/completion period. All agreed delivery/completion periods are never strict deadlines. The buyer must give Drankhuis notice of default in writing and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay. The Buyer is obliged to take delivery of the goods at the time when they are made available to it in accordance with the Agreement, even if they are offered earlier or later than agreed. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Drankhuis is entitled to store the goods at the expense and risk of the Buyer. If the Products are delivered by Drankhuis or an external carrier, Drankhuis is entitled, unless agreed otherwise in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise. If Drankhuis requires information from the Buyer in the context of the implementation of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the implementation available to Drankhuis. If Drankhuis has specified a term for delivery, is this indicative. Longer delivery times apply for deliveries outside the Netherlands. Drankhuis is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Drankhuis is entitled to invoice the thus delivered separately. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Drankhuis reserves the right to refuse delivery if there is a well-founded fear of non-payment. Drankhuis or the external carrier is entitled to ask the age of the Buyer upon delivery of the Product. Up to the age of 25, the Buyer will always have to state his date of birth if the external carrier or Drankhuis requests this. If the buyer does not respond after offering the package several times, a third party will be forced to return the package to Drankhuis. Drankhuis charges 25% administration costs.

Article 7 – Packaging and transport

Drankhuis undertakes towards the Buyer to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use. Unless agreed otherwise in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material. The acceptance of goods without comments on the consignment note or receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 – Investigation, complaints

The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to can assess whether it retains the Product. In doing so, the Buyer should examine whether the quality and quantity of the delivered goods correspond with the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic. The Buyer is obliged to investigate and inform himself how the Product should be used and, in the case of personal use, to test the Product in accordance with the instructions for use. Drankhuis accepts no liability for incorrect use of the Product by the Buyer.webshop@Drankhuis.com.The buyer has a period of 14 days after delivery to do so. Non-visible defects or shortages must be reported within 14 days after discovery, but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer will be liable for any reduction in value of the Product. If a complaint is lodged in a timely manner pursuant to the previous paragraph, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with the prior written permission of Drankhuis in the manner indicated by Drankhuis. If the Consumer uses his right of withdrawal, he will return the Product and all accessories, insofar as reasonably possible, in the original condition and packaging to Drankhuis. in accordance with the return instructions of Drankhuis. The direct costs for return shipments are for the account and risk of the Buyer. Drankhuis is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement will take place. Refunds to the Buyer will be processed as soon as possible, but payment may take no more than 30 days after receipt of the return shipment. Repayment will be made to the previously specified account number. Repayment is not possible to another account number. If the Seller exercises its right of complaint, it is not entitled to suspend its payment obligation or to set off outstanding invoices. In the absence of a complete delivery, and/or if one or more Products are missing, and this is due to Drankhuis, After a request from the Buyer, Drankhuis will send the missing Product(s) or cancel the remaining order. The confirmation of receipt of the Products is leading here. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Drankhuis.

Article 9 – Prices

During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates or excise duties. The prices stated in the Offer include VAT and excise duties, unless expressly stated otherwise. The prices as stated in the Offer are based on the cost factors applicable at the time of concluding the Agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which Drankhuis has no influence, Drankhuis can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.

Article 10 – Payment and collection policy

Payment should preferably be made in advance in the currency in which the invoice is made via the method indicated by Drankhuis. Payment is possible through iDeal. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise. The buyer must make a lump sum payment to the account number and details of Drankhuis made known to it. The parties can only agree on a different payment term after explicit and written permission from Drankhuis. If a periodic payment obligation of the Buyer has been agreed, Drankhuis is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months. In case of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of Drankhuis against the Buyer are immediately due and payable. Drankhuis has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Drankhuis can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Drankhuis can refuse full repayment of the principal sum, if the accrued and accrued interest as well as the costs are not also paid. If the Buyer does not fulfill its payment obligation and has not fulfilled its obligation within the set payment term, the Buyer, being a Company, is in default. The Buyer being a Consumer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation, including a statement of the extrajudicial costs if the Consumer does not meet his obligations within that term, before they falls into default. From the date that the Buyer is in default, Drankhuis will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree. compensation for extrajudicial collection costs from 1 July 2012. If Drankhuis has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement.

Article 11 – Retention of title

All goods delivered by Drankhuis remain the property of Drankhuis until the Buyer has fulfilled all the following obligations under all Agreements concluded with Drankhuis. The buyer is not authorized to pledge or encumber the goods subject to retention of title in any other way if the ownership has not yet been fully transferred. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform Drankhuis of this as soon as may reasonably be expected. In the event that Drankhuis wishes to exercise its property rights referred to in this article, The Buyer already now grants Drankhuis unconditional and irrevocable permission and authorization to Drankhuis or third parties to be designated by it to enter all those places where the properties of Drankhuis are located and to take those items back with them. Drankhuis has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or surrender from Drankhuis. After the Buyer has fulfilled its obligations, Drankhuis will endeavor to deliver the purchased Products to the Buyer as soon as possible, but no later than 20 working days.

Article 12 – Warranty

Drankhuis guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified the Seller of this use in writing at the time of entering into the Agreement.

Article 13 – Instructions for use Products

Buyer of Products must follow the regulations and instructions of Drankhuis. The legal minimum age applies to the consumption of alcoholic beverages. Buyer is responsible for enforcing relevant legislation upon delivery. Alcohol can pose a risk to human health, the statements of Drankhuis and its representatives such as “Enjoy in moderation” and “NIX18” should therefore never be interpreted as medical advice. If in doubt, consult a doctor or dietician. Alcohol should only be consumed orally. The buyer must refrain from so-called "smarting" (the anal or vaginal insertion of alcohol).

Article 14 – Suspension and dissolution

Drankhuis is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement. In addition, Drankhuis is authorized to dissolve the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill its obligations arising from any Agreement concluded with Drankhuis. In addition, Drankhuis is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected. If the Agreement is dissolved, the claims of Drankhuis against the Buyer are immediately due and payable. When Drankhuis suspends compliance with its obligations, it retains its claims under the law and the Agreement. Drankhuis always reserves the right to claim compensation.

Article 15 – Limitation of Liability

If the execution of the Agreement by Drankhuis leads to Liability of Drankhuis towards the Buyer or third parties, that liability is limited to the costs charged by Drankhuis in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. The liability of Drankhuis is in any case limited to the maximum amount of damage paid out by the insurance company per event per year. Drankhuis is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code. Drankhuis is not liable for and/or obliged to repair damage caused by the use of the Product. Drankhuis supplies strict maintenance and usage instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using them is expressly excluded from liability (including traces of use, use damage, fall damage, light and water damage, theft, loss, etc.). Drankhuis is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites. Drankhuis is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason. Drankhuis does not guarantee a correct and complete transmission of the content of e-mails sent by/on behalf of Drankhuis, nor for the timely receipt thereof. All claims of the Buyer due to shortcomings on the part of Drankhuis lapse if they have not been reported to Drankhuis in writing and with reasons within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement. Drankhuis does not guarantee a correct and complete transmission of the content of e-mails sent by/on behalf of Drankhuis, nor for the timely receipt thereof. All claims of the Buyer due to shortcomings on the part of Drankhuis lapse if they have not been reported to Drankhuis in writing and with reasons within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement. Drankhuis does not guarantee a correct and complete transmission of the content of e-mails sent by/on behalf of Drankhuis, nor for the timely receipt thereof. All claims of the Buyer due to shortcomings on the part of Drankhuis lapse if they have not been reported to Drankhuis in writing and with reasons within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement. All claims of the Buyer due to shortcomings on the part of Drankhuis lapse if they have not been reported to Drankhuis in writing and with reasons within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement. All claims of the Buyer due to shortcomings on the part of Drankhuis lapse if they have not been reported to Drankhuis in writing and with reasons within one year after the Buyer became aware or could reasonably have become aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement.

Article 16 – Force majeure

Drankhuis is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to comply with any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to its fault and is not for its account under the law, legal act or generally accepted views. Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence,

(i) force majeure of suppliers of Drankhuis, (ii) the failure to properly fulfill obligations of suppliers prescribed or recommended by the Buyer to Drankhuis, (iii ) defective goods, equipment, software or materials of third parties, (iv) government measures , (v) electricity failure, (vi) disruption of internet, data network and telecommunication facilities (for example due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of Drankhuis and

(xi) other situations that, in the opinion of Drankhuis, fall outside its sphere of influence, which temporarily or permanently prevent the fulfillment of its obligations.

Drankhuis has the right to invoke force majeure if the circumstance that prevents (further) compliance occurs after Drankhuis should have fulfilled its obligation. Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay damages to the other party. Insofar as Drankhuis has already partially fulfilled its obligations under the Agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Drankhuis is entitled to to be invoiced separately.

Article 17 – Risk transfer

The risk of loss of or damage to the Products that are the subject of the Agreement transfers to the Buyer, being a company, the moment the goods leave the warehouse of Drankhuis. For Consumers, the aforementioned risk transfers to the Buyer if the Products have been provided under the Buyer's control. This is the case if the Products have been delivered to the Buyer's delivery address.

Article 18 – Intellectual Property Rights

All intellectual property rights and copyrights of Drankhuis rest exclusively with Drankhuis and are not transferred to the Buyer. The Buyer is prohibited from publishing and/or multiplying, changing or making available to third parties all documents subject to the intellectual property rights and copyrights of Drankhuis without the express prior written consent of Drankhuis. If the Buyer wishes to make changes to goods delivered by Drankhuis, Drankhuis must explicitly agree to the proposed changes. The Buyer is prohibited from using the Products on which the intellectual property rights of Drankhuis rest other than as agreed in the Agreement.

Article 19 – Privacy, data processing and security

Drankhuis handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Drankhuis will inform the person concerned about this. If Drankhuis is required to provide information security under the Agreement, this security will meet the specifications agreed upon and a security level that is not unreasonable in view of the state of the art, the sensitivity of the data and the associated costs. .

Article 20 – Complaints

If the Buyer is not satisfied with the Products of Drankhuis and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. . Complaints can be reported via webshop@Drankhuis.com with the subject “Complaint”. The complaint must be sufficiently substantiated and/or explained by the Buyer (possibly by means of photos), if Drankhuis is to be able to deal with the complaint. Drankhuis will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint. The parties will try to reach a solution together.

Article 21 – Applicable law

Dutch law applies to every Agreement between Drankhuis and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Drankhuis has the right to unilaterally change these general terms and conditions. All disputes arising from or as a result of the Agreement between Drankhuis and the Buyer will be settled by the competent court of the Amsterdam District Court, unless provisions of mandatory law lead to the jurisdiction of another court.