Terms of delivery Champagneshop

These General Terms and Conditions of Stichting Webshop Keurmerk have been established in consultation with the Consumentenbond within the framework of the Coördinatiegroep Zelfreguleringsoverleg (CZ) of the Sociaal-Economische Raad and enter into force on June 1, 2014.

These General Terms and Conditions will be used by all members of the Stichting Webshop Keurmerk, with the exception of financial services as referred to in the Financial Supervision Act and insofar as these services are supervised by the Authority for the Financial Markets.

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 - Obligations of the consumer during the cooling-off period
Article 8 - Exercise of the right of withdrawal by the consumer and the costs thereof
Article 9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Performance and additional warranty
Article 13 - Delivery and execution
Article 14 - Long-term transactions: duration, termination, and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Branch guarantee
Article 19 - Additional or deviating provisions
Article 20 - Amendment of the general terms and conditions of Stichting Webshop Keurmerk

Article 1 - Definitions

In these conditions, the following terms are understood to mean:

Additional agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act for purposes relating to his trade, business, craft, or profession;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Duration agreement: an agreement that extends to the regular delivery of goods, services, and/or digital content over a certain period;
Durable data carrier: any tool - including email - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period tailored to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;
Entrepreneur: the natural or legal person who is a member of Stichting Webshop Keurmerk and offers products, (access to) digital content, and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer as part of an organized system for distance selling of products, digital content, and/or services, whereby only or partly use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Model withdrawal form: the European model withdrawal form included in Annex I to these conditions;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having to be together in the same space at the same time;

Article 2 - Identity of the entrepreneur

Champagne shop
Ditlaar 8 1066EE
Amsterdam
Telephone number: 020 4084851

Telephone accessibility:
Monday to Friday: 8:00 - 17:00
Saturday: 8:30 to 13:00

Email address: info@champagneshop.nl
Chamber of Commerce number: 56917538
VAT identification number: NL852361038B01

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every concluded distance contract between the entrepreneur and the consumer.
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, the entrepreneur will, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, in derogation from the previous paragraph and before the distance contract is concluded, 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 electronically accessed and that they will be sent to the consumer electronically or in some other way free of charge upon request.
In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, paragraphs two and three apply mutatis mutandis and, in the event of conflicting conditions, the consumer can always invoke the most favorable provision applicable to him.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products, services, and/or digital content. Obvious errors or mistakes in the offer do not bind the entrepreneur.
Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 - The agreement

The agreement is concluded, subject to the provisions of clause 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur confirms the receipt of the acceptance of the offer without delay electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within the legal frameworks, the entrepreneur can ascertain whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance agreement. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.
The entrepreneur will provide the following information to the consumer at the latest upon delivery of the product, service, or digital content to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visit address of the entrepreneur's establishment where the consumer can address complaints;

b. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing after-sales service;

d. the price including all taxes of the product, service, or digital content; if applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;

f. if the consumer has a right of withdrawal, the model withdrawal form.

In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

The consumer can dissolve an agreement relating to the purchase of a product within a cooling-off period of at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s).
The cooling-off period mentioned in clause 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this before the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or part;

for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

The consumer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving any reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot compel him to state his reason(s).
The cooling-off period mentioned in clause 3 starts on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the preceding clauses of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding clause within twelve months after the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 - Consumer's obligations during the cooling-off period

During the cooling-off period, the consumer shall handle the product and packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for any depreciation of the product resulting from handling the product beyond what is permitted in paragraph 1.
The consumer is not liable for any depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and its costs

If the consumer exercises his right of withdrawal, he shall notify the entrepreneur of this within the cooling-off period by means of the model withdrawal form or by any other unambiguous means.
As soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to the entrepreneur (or a representative of the entrepreneur). This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall have observed the return period in any case if he returns the product before the cooling-off period has expired.
The consumer shall return the product with all supplied accessories, if reasonably possible, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not notified the consumer that he must bear these costs, or if the entrepreneur indicates that he will bear the costs himself, the consumer is not required to bear the costs of return shipment.
If the consumer exercises his right of withdrawal after having explicitly requested that the provision of the service or the supply of gas, water, or electricity not made available for sale in a limited volume or quantity begins during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to that part of the obligation that the entrepreneur has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer shall not bear any costs for the performance of services or the supply of water, gas, or electricity not made available for sale in a limited volume or quantity, or for the supply of district heating, if:
the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form; or
the consumer has not explicitly requested the commencement of the performance of the service or the supply of gas, water, electricity, or district heating during the cooling-off period.
1. The consumer shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium if:
2. he has not expressly agreed to the commencement of the performance of the agreement before the end of the cooling-off period;
3. he has not acknowledged losing his right of withdrawal when giving his consent; or
4. the entrepreneur has failed to confirm this statement by the consumer.
  1. If the consumer exercises his right of withdrawal, all supplementary agreements shall be dissolved by operation of law.

Article 9 - Entrepreneur's obligations in case of withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, he shall immediately send an acknowledgment of receipt after receiving this notification.
The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and no later than 14 days from the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to refund until he has received the product or until the consumer proves that he has returned the product, whichever occurs earlier.
The entrepreneur shall use the same means of payment for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur shall not be required to refund the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period
Contracts concluded during a public auction. A public auction means a method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is present in person or who is given the opportunity to be present in person at the auction, conducted by an auctioneer, and where the successful bidder is obliged to take delivery of the products, digital content, and/or services;
Service contracts, after full performance of the service, but only if:
the performance has begun with the consumer's explicit prior consent; and
the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the agreement;
1. Service contracts for the provision of accommodation, if a specific date or period of performance is provided for in the agreement and other than for residential purposes, goods transport, car rental services, and catering;
2. Contracts relating to leisure activities, if a specific date or period of performance is provided for in the agreement;
3. Custom-made products produced according to the consumer's specifications, which are not prefabricated and which are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
4. Products that spoil quickly or have a limited shelf life;
5. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
6. Products that, by their nature, are irrevocably mixed with other products after delivery;
7. Alcoholic beverages for which the price was agreed upon at the time of the conclusion of the contract, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
8. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
9. Newspapers, periodicals, or magazines, excluding subscriptions thereto;
10. The supply of digital content not supplied on a tangible medium, but only if:
11. the performance has commenced with the consumer's explicit prior consent; and
12. the consumer has declared that he thereby loses his right of withdrawal.

Article 11 – The Price

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.
Notwithstanding the preceding paragraph, the entrepreneur may offer products or services with prices that are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. The fact that prices are subject to fluctuations and that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they are the result of statutory regulations or provisions; or

b. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

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

Article 12 – Performance of the Agreement and Additional Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, 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. If agreed, the entrepreneur also ensures that the product is suitable for purposes other than normal use.
An additional guarantee provided by the entrepreneur, its supplier, manufacturer, or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement if the entrepreneur fails to fulfill his part of the agreement.
Extra guarantee means any commitment by the entrepreneur, its supplier, importer, or manufacturer in which it grants certain rights or claims to the consumer that go beyond what he is legally obliged to do in case he fails to fulfill his part of the agreement.

Article 13 – Delivery and Performance

The entrepreneur shall exercise the utmost care when receiving and executing orders for products and assessing requests for services.
The consumer's address as notified to the entrepreneur shall be considered the place of delivery.
Subject to the provisions of Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly and in any case within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed partially, the consumer shall be notified of this no later than 30 days after placing the order. In such case, the consumer shall have the right to terminate the agreement at no cost and to claim damages, if any.
Following termination in accordance with the preceding paragraph, the entrepreneur shall refund the amount paid by the consumer without delay.
The risk of damage and/or loss of products shall rest with the entrepreneur until delivery to the consumer or a representative designated and made known to the entrepreneur in advance, unless expressly agreed otherwise.

Article 14 – Continuing Transactions: Duration, Termination, and Extension

Termination:

The consumer may terminate an agreement concluded for an indefinite period and which concerns the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a notice period of at most one month.
The consumer may terminate an agreement concluded for a definite period and which concerns the regular delivery of products (including electricity) or services at any time at the end of the fixed term, observing the agreed termination rules and a notice period of at most one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:

- at any time without being limited to termination at a specific time or during a specific period;

- at least by the same means as those by which they were entered into by him;

- always with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement concluded for a definite period and which concerns the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Notwithstanding the previous paragraph, an agreement concluded for a definite period and which concerns the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension period with a notice period of at most one month.
An agreement concluded for a definite period and which concerns the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of at most one month. The notice period is at most three months in case the agreement concerns the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly renewed and shall automatically end upon expiry of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of at most one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise agreed in the contract or additional conditions, amounts owed by the consumer must be paid within 14 days after the cooling-off period has commenced, or in the absence of a cooling-off period, within 14 days after the conclusion of the contract. In the case of a contract for the provision of a service, this period commences on the day after the consumer received confirmation of the contract.
In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If an advance payment is stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) until the agreed advance payment has been made.
The consumer has the obligation to promptly notify the entrepreneur of any inaccuracies in provided or stated payment details.
If the consumer fails to fulfill his payment obligation(s) in a timely manner, he shall be liable for statutory interest on the outstanding amount after the entrepreneur has reminded him of the late payment and the entrepreneur has given the consumer a 14-day period to fulfill his payment obligations. In the event of non-payment within this 14-day period, the consumer shall owe the entrepreneur the statutory interest on the outstanding amount, and the entrepreneur shall be entitled to charge the extrajudicial collection costs incurred by him. These collection costs shall amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the contract must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
A complaint about a product, service, or the entrepreneur's service can also be submitted via a complaint form on the consumer page of the Stichting Webshop Keurmerk website (https://www.keurmerk.info). The complaint will then be sent to both the relevant entrepreneur and Stichting Webshop Keurmerk.
If the complaint cannot be resolved through mutual consultation within a reasonable period or within 3 months of filing the complaint, a dispute arises that is subject to dispute resolution.

Article 17 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply shall be governed exclusively by Dutch law.
Disputes between the consumer and the entrepreneur concerning the conclusion or performance of agreements relating to products and services supplied or to be supplied by the entrepreneur can be submitted, subject to the provisions below, to the Geschillencommissie Webshop (Disputes Committee Webshop), Postbus 90600, 2509 LP The Hague (www.sgc.nl).
A dispute will only be considered by the Disputes Committee if the consumer has first submitted the complaint to the entrepreneur within a reasonable time.
The dispute must be submitted to the Disputes Committee in writing no later than twelve months after it has arisen.
If the consumer wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer must express his preference in writing within five weeks after a written request to that effect by the entrepreneur, whether he also wishes this or whether he wishes the dispute to be settled by the competent court. If the consumer does not notify the entrepreneur of his choice within the five-week period, the entrepreneur may submit the dispute to the competent court.
The Disputes Committee shall render its decision under the conditions set out in the regulations of the Disputes Committee (https://www.degeschillencommissie.nl/process-information/). The decisions of the Disputes Committee shall be made by binding advice.
The Disputes Committee shall not handle a dispute or shall discontinue its handling if the entrepreneur has been granted a moratorium on payments, has been declared bankrupt, or has actually terminated his business activities before the dispute has been heard by the committee and a final ruling has been issued.
If, in addition to the Disputes Committee Webshop, another recognized dispute resolution committee is competent, the Disputes Committee Stichting Webshop Keurmerk shall be preferably competent for disputes mainly concerning the method of sale or distance selling. For all other disputes, the other recognized dispute resolution committee affiliated with SGC or Kifid shall be competent.

Article 18 – Sector Guarantee

Stichting Webshop Keurmerk guarantees compliance with the binding advice of the Disputes Committee Stichting Webshop Keurmerk by its members, unless the member decides to submit the binding advice to the court for review within two months after its dispatch. This guarantee is revived if the binding advice is upheld after review by the court and the judgment confirming this has become final and conclusive. Up to a maximum amount of €10,000 per binding advice, this amount will be paid by Stichting Webshop Keurmerk to the consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the excess, Stichting Webshop Keurmerk has an obligation to use its best efforts to ensure that the member complies with the binding advice.
To invoke this guarantee, it is required that the consumer submits a written claim to Stichting Webshop Keurmerk and that he transfers his claim against the entrepreneur to Stichting Webshop Keurmerk. If the consumer's claim against the entrepreneur exceeds €10,000, the consumer will be offered the option to transfer his claim for the part exceeding €10,000 to Stichting Webshop Keurmerk, after which this organization will request payment in its own name and at its own expense in court to satisfy the consumer.

Article 19 – 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 medium.

Article 20 – Amendment of the General Terms and Conditions of Stichting Webshop Keurmerk

Stichting Webshop Keurmerk will not amend these general terms and conditions except in consultation with the Consumers' Association (Consumentenbond).
Changes to these terms and conditions will only take effect after they have been published in an appropriate manner, provided that, in the case of applicable changes during the term of an offer, the provision most favorable to the consumer will prevail.

Address of Stichting Webshop Keurmerk:

Willemsparkweg 193, 1071 HA Amsterdam

Customer Service

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020-408 48 51