Terms of service

In these terms and conditions, the following definitions shall apply:

1. Reflection period: the period within which the consumer can exercise his right of withdrawal; 

2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with Fedde le Grand;

3. Day: calendar day;

4. Duration transaction: a distance contract relating to a series of products and/or services whose obligation to deliver and/or purchase is spread over time;

5. Durable medium: any means that enables the consumer or Fedde le Grand to store information addressed to him personally in a manner that prevents future consultation and unaltered reproduction of the stored information;

6. Right of withdrawal: the possibility for the consumer to waive the distance contract;

7. Model form: the model form for withdrawal made available by the entrepreneur, which the consumer can fill in when he wants to exercise his right of withdrawal;

8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;

9. Distance contract: an agreement where, in the context of an organized system for distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

10. Technology for distance communication: means that can be used for the conclusion of 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 Fedde le Grand.

 

Applicability

1. These general terms and conditions apply to every offer of Fedde le Grand and to every distance contract and order concluded between Fedde le Grand and consumer.

2. Before the distance contract is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at Fedde le Grand and that, at the consumer's request, they will be sent free of charge as soon as possible.

3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of the general conditions may be amended. If the distance contract is concluded electronically, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.

4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable.

5. If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall remain in force for the rest, and the provision in question shall be replaced without delay by mutual agreement with a provision that comes as close as possible to the purport of the original.

6. Situations not covered by these general terms and conditions should be judged "by the spirit" of these terms and conditions.

7. Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

 The offer

1. If an offer has a limited period of validity or is made subject to conditions, this shall be expressly 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 a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection 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 dissolution of the agreement.

5. Images accompanying products are a true representation of the products offered. THE WINE PACK cannot guarantee that the colors shown correspond exactly to the actual colors of the products.

6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;

• possible shipping costs;

• the manner in which the agreement will be concluded and what actions are necessary to do so; whether or not the right of withdrawal applies;

• the method of payment, delivery and performance of the agreement;

• the deadline for acceptance of the offer;

• the amount of the rate of distance communication if the cost of using the technique of distance communication is calculated on a basis other than the regular basic rate for the means of communication used;

• Whether the contract is archived after its formation and, if so, on what basis that can be accessed by the consumer ;

• the manner in which the consumer, before the conclusion of the contract, can check the information provided in the contract and, if desired, rectify it;

• any other languages in which, in addition to Dutch, the agreement may be concluded;

• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;

• The minimum duration of the distance contract in the case of an endurance transaction.

The agreement  

1. Subject to the provisions of paragraph 4, the agreement is concluded when the consumer accepts the offer and fulfills the conditions set forth therein.

2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

3. If the agreement is concluded electronically, Fedde le Grand will take appropriate technical and organizational measures to secure the electronic transfer, Fedde le Grand will take organizational measures to secure the electronic transfer of data and Fedde le Grand will ensure a secure web environment. If the consumer can pay electronically, Fedde le Grandwill observe security measures to that end.

4. Fedde le Grand can - within legal frameworks - inform itself whether the consumer can meet the payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Fedde le Grand has reasons not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution, giving reasons.

5. Fedde le Grand will send with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:

   - The visiting address of the branch of Fedde le Grand to which the consumer can address complaints;

   - the conditions under which and how the consumer can exercise the right of withdrawal,

   - or a clear notice regarding the exclusion of the right of withdrawal;

   - the information on warranties and existing after-sales service;

   - the data included in article 4 paragraph 3 of these terms and conditions, unless Fedde le Grand has already provided this data to the consumer prior to the execution of the agreement;

   - the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

6. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.

7. Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.

The prize

1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

2. Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

3. Price increases within 3 months after the conclusion of the agreement are only allowed if: they are the result of legal regulations or provisions.

4. Price increases from 3 months after the conclusion of the agreement are only allowed if THE WINE PACK has stipulated this and:

   - these result from legal regulations or provisions;

   - Whether the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

5. The prices mentioned in the offer of products or services include VAT.

6. All prices are subject to printing and typesetting errors. For the consequences of printing and typesetting errors, no liability is accepted. In case of printing and typesetting errors, Fedde le Grand is not obliged to deliver the product according to the wrong price.

 

Compliance and warranty

1. Fedde le Grand guarantees that the products and/or services comply with the agreement and with the specifications stated in the offer , with 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.

2. If agreed upon, Fedde le Grand also guarantees that the product is suitable for other than normal use.

3. A guarantee provided by Fedde le Grand, manufacturer or importer does not detract from the legal rights and claims that the consumer can assert against Fedde le Grand on the basis of the agreement.

4. Any defective or incorrectly delivered products must be reported to Fedde le Grand in writing within 2 months of delivery . Products must be returned in their original packaging and in new condition.

5. Fedde le Grand 's guarantee period corresponds to the manufacturer's guarantee period. However, Fedde le Grand 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.

6. The warranty does not apply if:
   - the consumer has repaired and/or modified the delivered products himself or had them repaired/processed by a third party;

   - the delivered products have been exposed to abnormal conditions or otherwise carelessly treated or treated contrary to the instructions of Fedde le Grand and/or on the packaging;

   - the defect is entirely or partially the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

 

Payment

1. Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.

2. The consumer has the duty to report inaccuracies in payment information provided or stated without delay to Fedde le Grand.

3. In the event of non-payment by the consumer, Fedde le Grand has the right, subject to legal restrictions, to charge the reasonable costs made known in advance to the consumer.

Complaint Procedure

1. Fedde le Grand has a sufficiently publicized complaint procedure and will handle the complaint in accordance with this complaint procedure.

2. Complaints about the execution of the agreement must be submitted to Fedde le Grand fully and clearly described within 2 months after the consumer has discovered the defects.

3. Complaints submitted to Fedde le Grand will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Fedde le Grand will respond within the 14-day period with a notice 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 amenable to dispute resolution.

5. In case of complaints, a consumer should first contact Fedde le Grand. It is also possible to file complaints through the European ODR platform (http://ec.europa.eu/odr). Fedde le Grand is currently not affiliated with any quality mark with a disputes committee.

6. A complaint does not suspend Fedde le Grand 's obligations unless Fedde le Grand has indicated otherwise in writing .

7. If a complaint is found to be justified by Fedde le Grand, Fedde le Grand will, at its option , replace or repair the delivered products free of charge.

Final Provisions

1. Only Dutch law applies to agreements between Fedde le Grand and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad;

2. The Vienna Sales Convention shall not apply;

3. Additional or different provisions from these general 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 in an accessible manner on a durable data carrier.