Terms and conditions of Rhône Value Wines, as applicable per September 2, 2016
These terms are translated from Dutch into an English version. In case of divergence between the language versions, the Dutch version shall prevail.
1. Rhône Value Wines
2361 EE Warmond
C: Marga van Winsen
T: +31 65360 4687
Chamber of Commerce : 28082895
Dutch tax identification number: NL001716255B58
Excise duty number: NL01080001114
These conditions apply to agreements with Rhône Value Wines in respect of all offerings, deliveries and payments of the products and services of Rhône Value Wines. No deviation from these conditions is permitted without the written permission of Rhône Value Wines. All rights and claims contained in the conditions and in any supplementary conditions, which Rhône Value Wines may stipulate in respect of a specific product or service, shall also apply to any intermediaries or other third parties engaged by Rhône Value Wines.
3. Offers, ordering and agreements
All offerings are in principle without obligation, and based on availability. If the offering is temporarily not available the customer will receive notice of this within 7 days, and the agreement shall remain in force. If the offer can no longer be delivered at all, the customer will receive notice of this within one month, and the agreement shall be cancelled.
Rhône Value Wines has the right to withdraw offerings and refuse orders without giving reasons. Persons under the age of 18 are not permitted to place an order.
As soon as Rhône Value Wines has received an order, it will be regarded as acceptance of the offer. Rhône Value Wines sends confirmation of the offer, as well as any further conditions, commitments and/or changes regarding the offer. As soon as the customer has received the confirmation, the order is binding.
All stated prices are inclusive of 21% VAT. Prices are subject to change. If a price changes after the agreement has been concluded, Rhône Value Wines will give the customer notice of this. In the event of a price change, the customer has the right to dissolve the agreement within 7 days. If applicable, any payments that have already been made will be refunded as soon as possible, but at the latest within 14 days.
Payment must be made prior to delivery, in the prescribed manner. If the customer pays via Ideal or via an IBAN transfer, all additional costs shall be paid by Rhône Value Wines. If the customer pays via Paypal, a fee of 3% will be charged. The percentage that Rhône Value Wines pays to Paypal is higher. As soon as Rhône Value Wines has received the payment, the order will be sent to the customer.
Purchase on account is possible only if Rhône Value Wines has given its approval. The terms of payment are stated on the invoice. If the invoice is not paid on time, a default interest of 2% of the outstanding amount will be charged per month as from the following day. An administrative fee of € 25 will be charged for every reminder. If following a reminder the amount owing is not paid, or is not paid in full by the payment deadline stated in the reminder, Rhône Value Wines has the right to charge extrajudicial court fees amounting to 15% of the total outstanding invoiced amount, subject to a minimum of € 250. Rhône Value Wines is also authorized to charge the customer the full, actual cost of extrajudicial collection, should this be higher.
It is not possible to pay in installments. If the customer defaults on payment, Rhône Value Wines has the right to dissolve the contract and any related agreements. The products remain the property of Rhône Value Wines for as long as the payment obligations have not been met in full.
5. Delivery fee and related costs
In principle, products that are in stock will be delivered within 7 days, unless otherwise stated or agreed with the customer. If the delivery deadline cannot be met, the customer will be given notice of this. However, this does not give the customer the right to cancel the order or dissolve the agreement, unless the terms of delivery are such that the customer cannot reasonably be expected to uphold the agreement. In that case, any payment already made will refunded as soon as possible, and not later than within 30 days. In principle, delivery takes place from Monday to Saturday, between 08.00 and 18.00 to the address given on the order. Delivery may also take place in the evening. Rhône Value Wines has the right to deliver the order in batches, and to engage third parties to carry out delivery.
Rhône Value Wines charges a delivery fee for orders of fewer than 60 bottles. The maximum delivery fee is € 25, and it is mentioned explicitly when the customer completes the order. No exceptions are made to this rule. It is however possible to collect an order in consultation with Rhône Value Wines. The above fee applies only to deliveries in the Netherlands; additional fees are charged for deliveries outside the Netherlands. Please contact Rhône Value Wines by telephone or email to receive an indication of the fees for delivery outside the Netherlands.
6. Deviations and damage
The customer is obligated to determine whether the delivery is in accordance with the agreement and whether any breakage has occurred. Customers should not accept delivery if there is visible breakage. Preferably, deviations and breakage should be reported to Rhône Value Wines immediately, but not later than 7 days after delivery. Rhône Value Wines will handle the matter as soon as possible and inform the customer of the possible solution. Returns will only be accepted with the prior consent of Rhône Value Wines. If Rhône Value Wines has acknowledged that the product does not conform to the terms of the agreement, it is up to Rhône Value Wines to decide to replace the relevant product or to refund the invoice amount as soon as possible, but not later than with 14 days (if applicable). All liability on the part of Rhône Value Wines will be cancelled in the event of sale or delivery on to third parties.
7. Right of return
The customer has the right to return a product to Rhône Value Wines for any reason. The customer must give Rhône Value Wines notice of this within 14 days of receipt of the product, using the relevant return form, which can be downloaded here. The return must take place within 14 days of notice being given to Rhône Value Wines. The cost of the return is for the customer’s account, as is the risk of any breakage or damage that occurs during delivery to Rhône Value Wines. Returns will only be accepted if the label on the product is reasonably intact. If the customer makes us of the right of return Rhône Value Wines will refund the invoiced amount, including the delivery costs, as soon as possible, but not later than 14 days after receipt of the returned products, to the IBAN number (if applicable) indicated by the customer.
8. Complaints policy
If the customer has a complaint, we recommend first contacting Rhône Value Wines, preferably by email: firstname.lastname@example.org. This will give Rhône Value Wines the opportunity to suggest a solution. If no solution is forthcoming, the customer is entitled to report the matter to Stichting WebwinkelKeur for mediation. As from 15 February 2016 consumers also have the right to report complaints to the ODR Platform of the European Commission, which can be found at http://ec/europa.eu.odr. If the complaint is not being handled elsewhere, the customer is also entitled to report his/her complaint via the platform of the European Union.
Rhône Value Wines is not liable for the consequences of inaccurate or incomplete information on its website or in its newsletters, promotional campaigns or via other media.
Rhône Value Wines is not liable for any damage that the customer reports to Rhône Value Wines more than 7 days after the discovery of that damage. Rhône Value Wines is not liable for any damage caused by circumstances beyond the control of Rhône Value Wines.
Rhône Value Wines is only liable for damages suffered by the customer if Rhône Value Wines can be held accountable for intentional and/or gross negligence or if Rhône Value Wines can be held responsible for product liability as defined in the mandatory provisions of article 6:185 et seq. of the Dutch Civil Code. Liability is limited to the invoiced amount for the relevant delivery. The customer must prove intentional or gross negligence on the part of Rhône Value Wines.
Natural persons or legal entities employed by Rhône Value Wines, or who are engaged by Rhône Value Wines in connection with the execution of any agreement between the customer and Rhône Value Wines, and whom the customer holds liable for the reimbursement of damages, can also appeal to the provisions mentioned above under the heading ‘Liability’.
11. Intellectual property rights
The customer shall fully and unconditionally respect all intellectual property rights vested in the products delivered by Rhône Value Wines as well as in the texts and illustrations used by Rhône Value Wines. Any form of use of these rights without the prior written permission of Rhône Value Wines is prohibited.
These terms are translated from the Dutch language into an English version. In case of divergence between the language versions, the Dutch version shall prevail.
These terms and conditions are governed by Netherlands law. Any difference between parties shall be submitted solely to the authorized judge in the Netherlands.