General

1. Introduction

Below you will find our Terms and Conditions. These apply whenever you use or place an order through our Website (dielen.nl) and contain important information for you as a buyer. Therefore, read the General Terms and Conditions carefully. We also recommend that you save or print these terms and conditions so that you can read them again at a later time.

2. Definitions

1. Wijnhandel Dielen & Zn. : established in Venlo and registered with the Chamber of Commerce under registration number 12000307 trading under the name Wijnhandel Dielen & Zn.

2. Website: the website of Wijnhandel Dielen & Zn. , which can be accessed via http://www.dielen.nl and all its subdomains.

3. Client: the natural or legal person, whether or not acting in the exercise of a profession or business, who enters into an Agreement with Wijnhandel Dielen & Zn. and/or has registered on the Website.

4. Agreement: any agreement or agreement between Wijnhandel Dielen & Zn. and the Client, of which the General Terms and Conditions form an integral part.

5. General Terms and Conditions: these General Terms and Conditions.

3. Applicability of General Terms and Conditions

1. The General Terms and Conditions apply to all offers, agreements and deliveries of Wijnhandel Dielen & Zn., unless expressly agreed otherwise in writing.

2. If the Client includes provisions or conditions in its order, confirmation or notification of acceptance that deviate from, or do not appear in, the General Terms and Conditions, these are only binding on Wijnhandel Dielen & Zn., if and insofar as they have been expressly accepted in writing by Wijnhandel Dielen & Zn.

3. In the event that specific product or service terms and conditions apply in addition to these General Terms and Conditions, those terms and conditions also apply, but in the event of conflicting terms and conditions, the Client can always invoke the applicable provision that is most favourable to it.

4. Prices and information

1. All prices stated on the Website and in other materials originating from Wijnhandel Dielen & Zn. are inclusive of VAT and, unless otherwise stated on the Website, other levies imposed by the government.

2. If shipping costs are charged, this will be clearly stated in good time before the conclusion of the Agreement. In addition, these costs will be displayed separately in the ordering process.

3. The content of the Website has been compiled with the greatest care. However, Wijnhandel Dielen & Zn. cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Wijnhandel Dielen & Zn. are therefore subject to obvious programming and typing errors.
4. Wijnhandel Dielen & Zn. cannot be held responsible for (colour) deviations as a result of screen quality.

5. Conclusion of the Agreement

1. The Agreement is concluded at the moment of acceptance by the Client of the offer of Wijnhandel Dielen & Zn.
and to comply with the conditions set by Wijnhandel Dielen & Zn.

2. If the Client has accepted the offer by electronic means, Wijnhandel Dielen & Zn. will immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed, the Client has the option to dissolve the Agreement.

3. If it turns out that incorrect information has been provided by the Client at the time of acceptance or in any other way of entering into the Agreement, Wijnhandel Dielen & Zn. has the right to comply with its obligation only after the correct information has been received.

4. Wijnhandel Dielen & Zn. can ascertain within the legal framework whether the Client can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, on the basis of this investigation, Wijnhandel Dielen & Zn. has good grounds not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions, such as advance payment, to the execution.

6. Registration

1. In order to make optimal use of the Website, the Client can register via the registration form/account login option on the Website.

2. During the registration procedure, the Client chooses a username and password that will allow him to log in to the Website after registration. Customer is responsible for choosing a sufficiently reliable password.

3. Customer must keep his login details, username and password strictly confidential. Wijnhandel Dielen & Zn. is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens through the Client’s account is the responsibility and risk of the Client.

4. If the Client knows or suspects that his login details have fallen into the hands of unauthorised persons, he must change his password as soon as possible and/or inform Wijnhandel Dielen & Zn., so that Wijnhandel Dielen & Zn. can take appropriate measures.

7. Execution of the Agreement

1. As soon as the order has been received by Wijnhandel Dielen & Zn., Wijnhandel Dielen & Zn. will send the products as soon as possible, with due observance of the provisions of paragraph 3 of this Article.
2. Wijnhandel Dielen & Zn. is entitled to engage third parties in the performance of the obligations arising from the agreement.
3. In principle, the delivery time is 3-5 working days. The method of delivery can take place in different ways and is at the discretion of Wijnhandel Dielen & Zn.
4. If Wijnhandel Dielen & Zn. is unable to deliver the products within the agreed period, it will inform the Client accordingly. In that case, the Customer can agree to a new delivery date or he will be given the opportunity to dissolve the Agreement free of charge.
5. Wijnhandel Dielen & Zn. advises the Client to inspect the products delivered and to report any defects found within a reasonable period of time, preferably in writing or by e-mail. See the Warranty and Conformity Article.
6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Customer. If expressly agreed otherwise, the risk will be transferred to the Client at an earlier stage. If Customer decides to collect the products, the risk passes upon transfer of the products.
7. Wijnhandel Dielen & Zn. is entitled to supply a similar product of similar quality to the product ordered, if the ordered product is no longer available. The Customer is then entitled to dissolve the agreement free of charge and to return the product free of charge.

8. Right of withdrawal/return

1. The Client has the right to dissolve the distance Agreement with Wijnhandel Dielen & Zn. within 14 calendar days after receipt of the product, without giving reasons, free of charge. The period starts on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product, or:if the Customer has ordered several products in the same order: the day on which the Customer, or a third party designated by him, has received the last product; if the delivery of a product consists of several shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or part; in the case of contracts for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, has received the first product.

2. Wijnhandel Dielen & Zn. bears the costs for the return, the return is therefore free of charge for the Customer.

Any costs paid by Customer for shipping and payment of the product to Customer will be refunded to Customer upon return of the entire order.

3. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and its packaging with care. The Customer shall only open the packaging and use the product to the extent necessary to verify the nature, characteristics and functioning of the products. The basic principle here is that this inspection may not go further than the Customer could in a physical store. Especially for Customers acting in the exercise of their profession or business, products can only be returned unused in unopened packaging.

4. Customer is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in the previous paragraph.

5. The Client may dissolve the Agreement in accordance with paragraph 1 of the term set out in this Article by sending the model withdrawal form (digitally) to Wijnhandel Dielen & Zn., or by informing Wijnhandel Dielen & Zn. in another unambiguous manner that he is withdrawing from the purchase. In the event of a digital notification, Wijnhandel Dielen & Zn. will confirm receipt of that notification. After rescission, Customer has 14 days to return the product. It is also possible to return the product immediately within the cooling-off period set out in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous declaration of withdrawal is enclosed. Products can be returned to:

Wijnhandel Dielen & Zn.
Klaasstraat 14
5911JP Venlo

6. Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than within 14 days after dissolution of the agreement, in the same way as the Customer paid for the order. If the Client has opted for a more expensive method of delivery than the cheapest standard delivery, Wijnhandel Dielen & Zn. does not have to refund the additional costs for the more expensive method. Unless Wijnhandel Dielen & Zn. offers to collect the product itself, Wijnhandel Dielen & Zn. may wait to refund until Wijnhandel Dielen & Zn. has received the product or until the Customer proves that he has returned the product, whichever is earlier.

7. The Website will clearly provide information about whether or not the right of withdrawal applies and any desired procedure in good time before the conclusion of the Agreement.

9. Payment

1. The Client must make payments to Wijnhandel Dielen & Zn. in accordance with the payment methods indicated in the ordering procedure and any payment methods indicated on the Website. Wijnhandel Dielen & Zn. is free to choose whether to offer payment methods and these may also change from time to time. In the event of payment after delivery, the Client has a payment term of 14 days starting on the day after delivery.

10. Warranty and Conformity

1. This article only applies in the case of a Client who is not acting in the exercise of his profession or business. If a separate warranty is given on the products by Wijnhandel Dielen & Zn., this applies, without prejudice to the above, to
all types of Customers.

2. Wijnhandel Dielen & Zn. guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If specifically agreed, Wijnhandel Dielen & Zn. also guarantees that the product is suitable for other than normal use.

3. A guarantee provided by Wijnhandel Dielen & Zn., manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke on the basis of the Agreement.

4. If the delivered product does not comply with the Agreement, the Client must notify Wijnhandel Dielen & Zn. within a reasonable period of time after discovering the defect.

5. If Wijnhandel Dielen & Zn. deems the complaint to be well-founded, the relevant products will be repaired, replaced or reimbursed after consultation with the Client. The maximum compensation is, with due observance of the Article regarding liability, equal to the price paid by the Customer for the product.

11. Complaints procedure

1. If the Client has a complaint about a product (in accordance with the Article concerning warranty and conformity) and/or about other aspects of the services provided by Wijnhandel Dielen & Zn., he can submit a complaint to Wijnhandel Dielen & Zn. by telephone, e-mail or post. See the contact details at the bottom of the Terms and Conditions.

2. Wijnhandel Dielen & Zn. will respond to the Client’s complaint as soon as possible, but in any case within 2 days after receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Wijnhandel Dielen & Zn. will confirm within 2 days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to the Client’s complaint.

12. Liability

1. This Article shall only apply if the Client is a natural or legal person acting in the course of his profession or business.

2. The total liability of Wijnhandel Dielen & Zn. towards the Client due to an attributable failure to comply
of the Agreement is limited to reimbursement of a maximum of the amount of the price stipulated for that Agreement (including VAT).

3. Liability of Wijnhandel Dielen & Zn. towards the Client for indirect damage, including in any event – but expressly not exclusively – consequential damage, loss of profit, missed savings, loss of data and damage due to business interruption, is excluded.

4. Apart from the cases referred to in the previous two paragraphs of this Article, Wijnhandel Dielen & Zn. is not liable to the Client for any damages, regardless of the ground on which an action for damages would be based. However, the restrictions referred to in this Article shall lapse if and insofar as damage is the result of intent or gross negligence on the part of Wijnhandel Dielen & Zn.

5 The liability of Wijnhandel Dielen & Zn. vis-à-vis the Client on account of an attributable failure to comply with an agreement only arises if the Client immediately and properly gives Wijnhandel Dielen & Zn. a notice of default in writing, setting a reasonable period to remedy the shortcoming, and Wijnhandel Dielen & Zn. continues to fail to comply with its obligations even after that period. The notice of default must contain a description of the shortcoming that is as detailed as possible, so that Wijnhandel Dielen & Zn. is able to respond adequately.

6. A condition for the existence of any right to compensation is always that the Customer reports the damage in writing to Wijnhandel Dielen & Zn. as soon as possible, but no later than 30 days after it occurred.

7. In the event of force majeure, Wijnhandel Dielen & Zn. is not obliged to compensate the Client for any damage caused as a result.

13. Retention of title

1. As long as the customer has not made full payment for the entire agreed amount, all delivered goods remain the property of Wijnhandel Dielen & Zn.

14. Personal data

1. Wijnhandel Dielen & Zn. processes the Client’s personal data in accordance with the privacy statement published on the Website.

15. Final provisions

1. The Agreement is governed by Dutch law.

2. Insofar as rules of mandatory law do not prescribe otherwise, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where
Wijnhandel Dielen & Zn. is located.

3. If a provision in these General Terms and Conditions is found to be null and void, this does not affect the validity of the entire General Terms and Conditions. In that case, the parties will adopt (a) new provision(s) as a replacement, which will give shape to the intention of the original provision as far as legally possible.

4. For the purposes of these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

16. Contact details

If you have any questions, complaints or comments after reading these Terms and Conditions, please feel free to contact us in writing or by e-mail.

Wijnhandel Dielen & Zn.
Klaasstraat 14
5911JP Venlo
Netherlands
http://www.dielen.nl
info@dielen.nl
Phone: +31773512587
Bank details
Account holder: Wijnhandel Dielen & Zn.
IBAN: NL10INGB0001056461
BIC: INGBNL2A