Terms and conditions
Table of contents
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 – Conformity 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 deviating provisions
Article 1 – Definitions
In these conditions, the following terms are understood to mean:
1. Reflection period: the period within which the consumer can make use of his right of withdrawal; Read everything
about reflection period. 2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a
distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services,
of which the delivery and/or purchase obligation is spread over time;
5. Durable data carrier: any means that enables the consumer or entrepreneur to store information that is
personally addressed to him in a way that allows future consultation and unaltered reproduction
of the stored information.
6. Right of withdrawal: the possibility for the consumer to cancel the
distance contract within the cooling-off period;
7. Model form: the model withdrawal form that the entrepreneur makes available that a
consumer can fill in when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person who offers products and/or services to consumers
at a distance; 9. Distance contract: an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Brabant Brew Imports
Bors van Waverensstraat 23
1181SK Amstelveen
Netherlands
T (061) 125-2314
E info@brabantbrewimports.com
KVK 93980833
VAT number
Article 3 – Applicability
1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and the consumer. 2. 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible at the consumer’s request. 3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer’s request. 4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced immediately by mutual agreement with a provision that approximates the purport of the original as closely as possible.
6. Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.
7. Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of the these general terms and conditions.
Article 4 – The offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated
in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. 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 properly assess the offer.
If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the
entrepreneur.
4. All images, specifications and data in the offer are indicative and cannot give rise to
compensation or termination of the agreement.
5. Images of products are a true representation of the products offered. The entrepreneur
cannot guarantee that the colours displayed correspond exactly to the real colours of the products. 6. Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after it has been concluded, and if so, how the consumer can consult it;
the manner in which the consumer can check the data provided by him in the context of the agreement before concluding the agreement and, if necessary, restore it; any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of a long-term transaction.
Article 5 – The agreement
1. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance
by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur will immediately
confirm receipt of acceptance of the offer electronically. As long as the agreement of this
acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and
organisational 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 to that end. 4. The entrepreneur can – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
5. The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal,
or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service; the data included 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;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
6. In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.
7. Every agreement is entered into subject to the suspension the conditions of sufficient availability
of the products in question.
Article 6 – Right of withdrawal
Upon delivery of products:
1. When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product
by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the
product to the extent necessary to assess whether he wishes to keep the
product. If he exercises his right of withdrawal, he will return the product with all
supplied accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
3. If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the entrepreneur of this within 14 days,
after receipt of the product. The consumer must make this known by means of the model form or by means of another means of communication such as by e-mail. After the consumer has made it known that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
4. If the customer has not made it known that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.
In the case of delivery of services:
1. In the case of delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded.
2. In order to exercise his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 7 – Costs in case of withdrawal
1. If the consumer exercises his right of withdrawal, at most the costs of return
will be at his expense.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but
no later than 14 days after withdrawal. The condition is that the product has already been
received by the web shop owner or conclusive proof of complete return can be provided.
Refund will be made via the same payment method used by the consumer, unless the consumer
expressly gives permission for another payment method.
3. In the event of damage to the product due to careless handling by the consumer, the consumer is
liable for any reduction in value of the product.
4. The consumer cannot be held liable for reduction in value of the product if the
entrepreneur has not provided all legally required information about the right of withdrawal, this must be
done before concluding the purchase agreement.
Article 8 – Exclusion of the right of withdrawal
1. The entrepreneur can 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,
at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer’s specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygienic products of which the consumer has broken the seal. 3. Exclusion of the right of withdrawal is only possible for services:
regarding accommodation, transport, restaurant business or leisure activities to be performed on a specific date or
during a specific period;
the delivery of which has begun with the express consent of the consumer before the cooling-off period has
expired;
regarding bets and lotteries.
Article 9 – The price
1. During the period of validity stated in the offer, the prices of the products and/or
services offered will not be increased, except for price changes resulting from changes in VAT rates.
2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services for which n the prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices
offer. This subjection to fluctuations and the fact that any prices mentioned are target prices,
are stated in the offer.
3. Price increases within 3 months after the conclusion of the agreement are only permitted if
they are the result of statutory regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only permitted if the
entrepreneur has stipulated this and:
they are the result of statutory regulations or provisions; or
the consumer has the authority to terminate the agreement with effect from the day on which the
price increase takes effect.
5. The prices stated in the offer of products or services include VAT.
6. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the
incorrect price.
Article 10 – Conformity and warranty
1. The entrepreneur guarantees that the products and/or services 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 in force on the date
of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than
normal use.
2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and
claims that the consumer can assert against the entrepreneur on the basis of the agreement.
3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after
discovering the defect.
4. 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 each individual application
by the consumer, nor for any advice regarding the use or application of the
products. 5. The guarantee 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 circumstances or have otherwise been treated carelessly or in conflict with the instructions of the entrepreneur and/or have been treated on the packaging;
the defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 11 – Delivery and execution
1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to cancel the agreement without costs. The consumer is not entitled to compensation.
4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
5. In the event of cancellation in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after cancellation.
6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of any return shipment are for the account of the entrepreneur.
7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of
delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Duration transactions: duration, cancellation and extension
Cancellation
1. The consumer can cancel an agreement that has been entered into for an indefinite period and that extends to the regular
delivery of products (including electricity) or services, may be terminated at any time with due observance of
the agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular
delivery of products (including electricity) or services, at any time towards the end of the
definite period with due observance of the agreed termination rules and a notice period
of no more than one month.
3. The consumer may terminate the agreements referred to in the previous paragraphs:
at any time and not be limited to termination at a specific time or during a specific
period;
at least terminate them in the same manner as they were entered into by him;
always terminate them with the same notice period as the entrepreneur has stipulated for himself. Extension
1. An agreement entered into for a fixed period and which aims at the regular delivery of products
(including electricity) or services, may not be tacitly extended or renewed for a
fixed period.
2. Notwithstanding the previous paragraph, an agreement entered into for a fixed period and which aims at the
regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a
fixed period of up to three months, if the consumer can cancel this extended agreement at the end of the
extension with a notice period of up to one month. 3. An agreement entered into for a fixed period and which aims at the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may at any time cancel with a notice period of no more than one month and a notice period of no more than three months
if the agreement aims at the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends
automatically after the trial or introductory period.
Duration
1. If an agreement has a duration of more than one year, the consumer may cancel the agreement
at any time after one year with a notice period of no more than one month, unless reasonableness and fairness
oppose cancellation before the end of the agreed duration.
Article 13 – Payment
1. Unless otherwise agreed, the amounts owed by the consumer must be
paid within 7 working days after the start of the cooling-off period as referred to in Article 6 paragraph 1. In the case of an
agreement to provide a service, this period commences after the consumer has received confirmation of the
agreement.
2. The consumer has the duty to report any inaccuracies in the payment details provided or stated to the
entrepreneur without delay.
3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory restrictions,
to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
1. The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint
in accordance with this complaints procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects. 3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of
receipt. If a complaint requires a foreseeably longer processing time, the
entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when
the consumer can expect a more detailed answer.
4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the
dispute settlement procedure.
5. In the event of complaints, a consumer must first contact the entrepreneur. It is also possible to
register complaints via the European ODR platform (http://ec.europa.eu/odr). The web shop is currently not
affiliated with a quality mark with a dispute committee.
6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the
delivered products free of charge.
Article 15 – Disputes
1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad nland.
2. The Vienna Sales Convention does not apply.
Article 16 – Additional or deviating provisions
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the
consumer and must be recorded in writing or in such a way that they can be stored by the consumer
in an accessible manner on a durable data carrier.