TERMS AND CONDITIONS
Terms and Conditions of the webshop LiquidZilla Wines, located in Ouderkerk aan den IJssel in the Netherlands. Version valid from 11-05-2020.
LiquidZilla Wines is registered at the Chamber of Commerce of Rotterdam in the Netherlands under number 77980514 / VAT number NL 003271022B84.
Article 1. General
1.1 In these general Terms and Conditions of sale, "webshop" means: the webshop of LiquidZilla Wines.
1.2 These Terms and Conditions form part of all offers from and agreements with LiquidZilla Wines insofar as they have not been expressly deviated from in writing.
1.3 With due observance of the provisions of Article 6.4, these conditions also apply if LiquidZilla Wines must engage third parties for the implementation of all agreements.
1.4 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by LiquidZilla Wines.
1.5 In the event that the Conditions and an Agreement contain conflicting clauses, the Agreement will prevail.
1.6 If any part of the Conditions is null and void or is voided, the other provisions of the Conditions will remain in full force and effect and the parties will be bound to make every effort to determine a replacement clause in good consultation that is valid and the original intentions. of parties as closely as possible.
Article 2. Offers and formation of agreements
2.1 All offers are without obligation, unless explicitly stated otherwise by LiquidZilla Wines.
2.2 Agreements to deliver goods and / or services only bind LiquidZilla Wines after written confirmation. Actual execution by LiquidZilla Wines or an invoice sent by LiquidZilla Wines equals a written confirmation of the offer.
2.3 If the correctness of the content of this written confirmation is not disputed within 8 days, also in writing, LiquidZilla Wines and the customer are bound by this.
2.4 Offers from LiquidZilla Wines do not automatically apply to repeat orders.
2.5 LiquidZilla Wines cannot be held to its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.
2.6 Additions, changes and / or further agreements are only valid if agreed in writing.
Article 3. Prices / Price increase
3.1 Unless indicated otherwise, all prices are expressed in Euros, including sales tax (VAT).
3.2 LiquidZilla Wines guarantees that price increases will not take place after the conclusion of the agreement, unless the price increase is the result of statutory regulations and / or provisions.
3.3 If the price increase is not the result of statutory regulations and / or provisions, the consumer has the right to cancel the distance contract on the day on which the price increase takes effect.
Article 4. Delivery
4.1 If items are available from stock, they will be delivered within 30 days of receipt of payment. LiquidZilla Wines can charge shipping costs for sending ordered items. The delivery of ordered goods takes place at the postal address known to LiquidZilla Wines, not being of a temporary nature, and delivered to the natural person who is at the delivery address.
4.2 The customer must sign for receipt of the products. This is only different if the customer has grounds for refusal based on the law.
4.3 If the customer refuses to take delivery or fails to provide information or instructions necessary for the delivery, the items will be stored at the expense and risk of the customer.
4.4 LiquidZilla Wines' obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by LiquidZilla Wines have been offered to the customer once. For home delivery, the report of the carrier, alleging the refusal of acceptance, extends to full proof of the offer to deliver, subject to proof to the contrary.
4.5 In the event of refusal of the goods offered, the return freight and storage costs, as well as the risk of damage or loss of the rejected goods will be entirely at the expense of the customer, unless the customer has the right to cancel the purchase or replace the good on good grounds. invokes.
Article 5. Delivery time
5.1 A delivery time stated by LiquidZilla Wines can never be regarded as a deadline. The delivery time starts after all necessary information is in the possession of LiquidZilla Wines, after which Sample Shop will try to make delivery within 30 days.
5.2 In the context of the rules of distance selling, LiquidZilla Wines (contractor) will execute orders expeditiously, but at least within 30 days. If this is not possible (because the ordered is not in stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, the consumer (client) will receive within 1 month after placement of the order and in that case he has the right to cancel the order without costs and notice of default.
Article 6. Dissolution
6.1 Without prejudice to the rights of LiquidZilla Wines on the basis of the law, LiquidZilla Wines is entitled by means of a written statement to that effect to the customer to suspend or dissolve the agreement in whole or in part with the right to compensation against the customer if after the conclusion of the agreement, LiquidZilla Wines becomes aware of circumstances that give LiquidZilla Wines good grounds to fear that the customer will not meet his obligations or if LiquidZilla Wines has requested security for compliance when the agreement is concluded and this security is not forthcoming or is insufficient (despite a summons) as well as in the event of bankruptcy of the customer, an own application for bankruptcy by the customer, suspension of payments, liquidation or a resolution thereto, full or partial transfer of the customer's company or seizure of any part of his assets.
6.2 If circumstances arise with regard to persons and / or materials that LiquidZilla Wines uses or tends to use during the execution of the agreement, which are of such a nature that the execution of the agreement is impossible or so inconvenient and / or disproportionate becomes expensive, that compliance can no longer reasonably be required, LiquidZilla Wines is authorized to dissolve the agreement.
6.3 In the case of goods delivered on the basis of an order with LiquidZilla Wines, the customer has the right, if there is a consumer purchase, in accordance with Article 7: 5 BW, to dissolve the agreement within a period of 7 working days without giving any reason, unless explicitly agreed otherwise. This period starts when the ordered items have been delivered. If the customer has not returned the delivered goods to LiquidZilla Wines after this period, the purchase is a fact. The customer is obliged, before proceeding to return, to report this to LiquidZilla Wines within 7 working days after delivery. The customer must prove that the goods delivered have been returned on time (no later than 10 working days after delivery), for example by means of proof of postal delivery. The return of the delivered goods is entirely at the expense and risk of the customer. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of what has been determined in the previous sentence, LiquidZilla Wines confirms the dissolution of the purchase immediately after receipt and inspection of the returned items and ensures that the full purchase amount is paid to the customer within 30 days after receipt of the complete return shipment. will be refunded free of charge.
6.4 The right to dissolution, as described in the previous paragraph, only relates to the goods delivered and will in no case relate to services.
Article 7. Force majeure
7.1 Force majeure is understood to mean, in addition to what is understood in this regard in law and jurisprudence, all circumstances over which LiquidZilla Wines has no influence and which impede or render impossible the delivery of goods, including but not limited to a strike at LiquidZilla Wines and / or suppliers, disruptions in the Internet or WAP, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties.
7.2 Force majeure can also be invoked if the circumstance that prevents (further) fulfillment occurs after LiquidZilla Wines should have fulfilled the obligation.
7.3 If the period in which fulfillment of the obligation by LiquidZilla Wines is not possible due to force majeure lasts longer than 2 weeks, both parties are authorized to dissolve the agreement, without there being an obligation to pay compensation in that case.
7.4 If LiquidZilla Wines has already partially fulfilled its obligations at the onset of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already delivered or the deliverable part separately and the customer is obliged to pay this invoice as concerned it is a separate contract. However, this does not apply if the already delivered or deliverable part has no independent value.
Article 8. Guarantee
8.1 LiquidZilla Wines does not offer a more extensive warranty on delivered goods than the warranty (conditions) of the manufacturer of these goods, without, however, affecting the rights of the customer arising from mandatory legal provisions.
8.2 LiquidZilla Wines, however, is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
8.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is incorrect, inadequate or incomplete, then the customer (before proceeding to return it to LiquidZilla Wines) must immediately report these defects in writing to LiquidZilla Wines. Any defects or incorrectly delivered goods must and can be reported in writing to LiquidZilla Wines no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after detection of defect, damage occurring after detection of defect, encumbrance and / or resale after detection of defect, completely voids this right to complain and return.
8.4 If complaints from the customer are found to be well-founded by LiquidZilla Wines, LiquidZilla Wines will, at its option, either replace the delivered goods free of charge or make a written arrangement with the customer about the compensation, on the understanding that the liability of LiquidZilla Wines and therefore the amount The compensation is always limited to a maximum of the invoice amount of the relevant goods, or (at the option of LiquidZilla Wines) to the maximum amount covered by the liability insurance of LiquidZilla Wines in the relevant case. Any liability of LiquidZilla Wines for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
8.5 LiquidZilla Wines is not liable for damage caused by intent or equivalent deliberate recklessness of non-managerial staff.
8.6 This guarantee does not apply if: A) and as long as the customer is in default towards LiquidZilla Wines; B) the customer has repaired and / or processed the delivered goods himself or has them repaired and / or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of LiquidZilla Wines and / or instructions on the packaging; D) the inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
Article 9. Payment
9.1 Unless otherwise agreed, payment must be made prior to delivery by bank transfer.
9.2 After the expiry of 10 days after the invoice date, the customer is in default by operation of law and from that moment owes an interest of 1% per month on the amount due, unless the legal interest is higher, in which case the legal interest applies, whereby a part of a month is counted for a whole month.
9.3 In the event of bankruptcy or suspension of payment of the customer or an application for this, the claims of LiquidZilla Wines and the obligations of the customer towards LiquidZilla Wines are immediately due and payable.
9.4 If LiquidZilla Wines has to hand over its claim for collection, the customer owes a fixed amount of 15% of the extrajudicial collection costs owed, with a minimum amount of 250 euros.
9.5 If LiquidZilla Wines can demonstrate that it has incurred higher costs which were reasonably necessary, these will also qualify for compensation.
Article 10. Retention of title
10.1 The ownership of all goods sold and delivered by LiquidZilla Wines to the customer remains with LiquidZilla Wines as long as the customer has not paid the claims of LiquidZilla Wines under the agreement or earlier or later similar agreements, as long as the customer has carried out or yet to perform activities from these or similar agreements has not yet paid and as long as the customer has not yet paid the claims of LiquidZilla Wines due to failure to comply with such obligations, including claims with regard to fines, interest and costs, such as referred to in Section 3:92 of the Dutch Civil Code.
10.2 The goods delivered by LiquidZilla Wines that fall under the retention of title may only be resold in the context of normal business operations and may never be used as a means of payment.
10.3 The customer is not authorized to pledge or encumber in any other way the goods falling under the retention of title.
10.4 The customer gives unconditional and irrevocable permission to LiquidZilla Wines or a third party to be appointed by LiquidZilla Wines to, in all cases in which LiquidZilla Wines wishes to exercise its ownership rights, to enter all those places where its properties will be located and those items to take there.
10.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged to inform LiquidZilla Wines of this as soon as may reasonably be expected.
10.6 The customer undertakes to insure the goods delivered under retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Exampleshop on first request.
Article 11. Privacy
11.1 LiquidZilla Wines respects the privacy of online visitors to its website and is the sole owner of the information obtained through this website, unless stated otherwise. This information is not sold, shared or rented by LiquidZilla Wines to third parties in any way other than as stated in this privacy statement.
11.2 Information from which the identity of an online visitor to the LiquidZilla Wines website can be derived is provided voluntarily by the visitor. This information can be used within LiquidZilla Wines (and all its subsidiaries and brands) with the aim of making visits to our websites as simple and enjoyable as possible. In addition, this information may be used for analysis and to provide information about the product portfolio of LiquidZilla Wines. The customer gives explicit permission for this. LiquidZilla Wines is entitled to disclose information about a visitor in special cases, when there is reason to believe that the disclosure of that information is necessary to identify, contact or initiate legal proceedings against someone who has already or not intentionally harm, harm or cause damage to the rights or property of LiquidZilla Wines, other users of its website or others who may be harmed by it. LiquidZilla Wines is entitled to release information about users when we believe in good faith that the law requires this.
11.3 LiquidZilla Wines collects non-personal information about our online visitors in order to determine the total number of visitors to the website, as well as the type of Internet browser and operating system used. Personal data can be removed at the request of the online visitor insofar as this does not require disproportionate effort or costs for LiquidZilla Wines.
Article 12. Intellectual property rights
12.1 Unless explicitly agreed otherwise in writing, the full copyrights and all other rights of intellectual and industrial property with regard to the goods or services provided by LiquidZilla Wines, such as trademark rights, design rights, patent rights, sui generis database rights, etc., rest exclusively with Exampleshop. and / or its suppliers.
12.2 The parties undertake to take sufficient measures to ensure secrecy with regard to each other's data of a confidential nature that they become aware of during the execution of the agreement.
Article 13. Applicable law
All offers and agreements of LiquidZilla Wines are exclusively governed by Dutch law. The applicability of the Vienna Sales Convention is expressly excluded.
Article 14. Disputes
14.1 For questions and / or complaints, the customer can call LiquidZilla Wines on the number +31 (0)6-20504227, available Monday to Friday from 8:30 AM to 5:00 PM. Complaints are usually handled within 30 days. If this is not possible for any reason, the customer will be informed of the delay period.
14.2 The customer has the opportunity to submit the dispute to an independent disputes committee.,which does not affect the right of the customer to submit the dispute to a competent court.