Table of contents

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Articele 3 - Applicability
Articele 4 - The offer
Articele 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of
right of withdrawal

Article 9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination and renewal
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article
16 - Additional or different provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

  1. Grace period: The period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who is not acting in the exercise of a profession or business and 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, for 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 addressed to him personally in a way that future consultation and unaltered reproduction of the stored information
    possible.
  6. Right of withdrawal: the possibility for the consumer to renounce within the withdrawal period
    of the distance contract;
  7. Model form: the model form for withdrawal which the trader makes available and which a consumer may fill in if he wishes to make use of his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;
  9. Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for distance selling 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. Technology for distance communication: means that can be used for concluding 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

Alcohol-Free Beer House;
Slimstraat 110
5071EN Udenhout

Phone number: 013-2032625
Email address: info@alcoholvrijbierhuis.nl
Chamber of Commerce number: 76881253
Btw-identificatienummer: NL860823647B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order that is concluded between the trader and the 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, will be indicated
    that the general conditions can be inspected at the entrepreneur and they will be sent at the request of the consumer as soon as possible free of charge.
  3. If the distance contract is concluded electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these general conditions electronically to the consumer available
    be made available 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, will be
    indicated where the general conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting general conditions the consumer may
    always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these general conditions at any time wholly or partially void or destroyed, then the agreement and these conditions for the rest remain in force and the provision concerned in mutual consultation
    replaced immediately by a provision that approaches the scope of the original as closely as possible.
  6. Situations not regulated by these general terms and conditions are to be assessed 'in the spirit' of these general 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.

Article 4 - The offer

  1. If an offer is of limited duration 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 adapt 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
    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 be a reason for compensation or dissolution of the contract.
  5. Images of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • any costs of shipment;
    • the way in which the agreement will be brought about and what actions are required for this;
    • the applicability or otherwise of the right of withdrawal;
    • the method of payment, delivery and execution of the agreement;
    • The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
    • the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the contract is archived after its conclusion and, if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the contract, can check the data provided by him in the context of the contract and, if desired, correct them;
    • any other languages besides Dutch in which the agreement may be concluded;
    • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the case of an extended transaction.

Article 5 - The Agreement

  1. The agreement comes into effect, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and fulfils the conditions laid down.
  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 agreement of this acceptance is not confirmed by the entrepreneur
    confirmed, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically
    can pay, the entrepreneur will observe appropriate security measures to that end.
  4. The entrepreneur may - 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, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
  5. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    • the visiting address of the trader's business establishment where the consumer can lodge complaints;
    • the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    • the information on guarantees and existing after-sales services;
    • the data included in article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
    • the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

On delivery of products:

  1. When purchasing products, the consumer has the option of dissolving 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 pre-designated by the consumer and made known to the entrepreneur.
    designated and made known to the entrepreneur representative.
  2. During the reflection period, the consumer will handle the product and its 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 accessories supplied and - if reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the entrepreneur provided reasonable
    and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to exercise his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known via the model form or
    through another means of communication such as e-mail. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove
    that the delivered goods have been returned in time, for example by means of a proof of shipment.
  4. If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made known his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

In case of provision of services:

  1. When providing services, the consumer has the option of dissolving the contract without giving reasons for a period of at least 14 days starting on the day of entering into the contract.
  2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest at the time of delivery.

Article 7 - Costs in the event of withdrawal

  1. If the consumer makes use of his right of withdrawal, he shall bear no more than the cost of returning the goods.
  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 revocation. Here is the condition that the product is already received back by the entrepreneur
    or conclusive evidence of complete return can be presented. Repayment will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
  3. If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any reduction in value of the product.
  4. The consumer cannot be held liable for any reduction in the value of the product if the trader has not provided all the information required by law regarding the right of withdrawal; this must be done prior to conclusion of the purchase contract.

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 trader clearly stated this in the offer, or at least in good time before concluding the contract.
    of the agreement, has stated this.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been created by the entrepreneur in accordance with the specifications of the consumer;
    • which are clearly personal in nature;
    • which cannot be returned due to their nature;
    • which may deteriorate or age rapidly;
    • whose price 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 unsealed 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:
    • concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
    • of which the delivery has started with the express consent of the consumer before the period for reflection has expired;
    • on betting and lotteries.

Article 9 - The price

  1. During the validity period mentioned 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 and over which the entrepreneur has no influence, with variable prices. This link to fluctuations
    and the fact that any prices mentioned are target prices, are 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 statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
    • they are the result of statutory regulations or provisions; or
    • the consumer is authorised to terminate the contract on the day on which 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. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the Entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance 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 reliability and/or usability and the on the date of the conclusion of the agreement
    existing statutory provisions and/or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may assert against the trader on the basis of the contract.
  3. Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. The products must be returned in their original packaging and in new condition.
  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 modified the delivered products himself or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
    • the inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address which the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but not later than 30 days, unless consumer has agreed to a longer delivery period.
    If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this no later than 30 days after the order was placed. The consumer in
    in which case the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any delivery dates mentioned. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement
    article is delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and announced to the entrepreneur representative, unless otherwise expressly agreed.

Article 12 - Long-term transactions: duration, cancellation and renewal

Termination

  1. The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed
    termination rules and a notice period not exceeding one month.
  2. The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term in accordance with
    notice of up to one month.
  3. The consumer may terminate the contracts referred to in the previous paragraphs:
    • at any time and shall not be limited to termination at a specific time or during a specific period;
    • at least in the same manner as they were entered into by him;
    • Always terminate the contract with the same notice period that the entrepreneur has stipulated for himself.

Extension

  1. An agreement entered into for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
  2. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding
    three months, if the consumer can terminate this extended agreement at the end of the extension with a notice of up to one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer may terminate the contract at any time with a period of notice that does not exceed one month
    of up to one month and a notice period of up to three months in case the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement of limited duration for the regular supply of daily, news and weekly newspapers and magazines by way of introduction (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.
    or familiarisation period.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may at any time terminate the contract with a notice of up to one month, unless reasonableness and fairness oppose termination before the end
    of the agreed duration.

Article 13 - 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 immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.
  3. In case of non-payment on the part of the consumer, and subject to legal restrictions, the entrepreneur is entitled to charge the consumer for any reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the contract must be submitted to the entrepreneur in a complete and clearly defined way within two months after the consumer has found 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 14-day period
    answered with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be solved in mutual consultation, a dispute arises that is subject to the dispute settlement procedure.
  5. For complaints, a consumer should first turn to the entrepreneur. If the store is affiliated with Stichting WebwinkelKeur and complaints that can not be resolved by mutual agreement, the consumer should turn to
    WebwinkelKeur Foundation(www.webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the option to complain to the independent WebwinkelKeur Foundation appointed dispute
    The decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs associated that the consumer has to pay to the committee.
    be paid by the consumer to the relevant committee. It is also possible to submit complaints via the European ODR platform(http://ec.europa.eu/odr).
  6. A complaint does not suspend the Entrepreneur's obligations, unless the Entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Only Dutch law applies to agreements between the entrepreneur 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.

Article 16 - Additional or different provisions

Additional provisions or provisions deviating 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.
stored on a durable medium.