This page contains our terms and conditions on which we offer your services and supply any of the products listed on our website (www.winespleasure.com) to you. Please read these terms and conditions carefully before ordering a product from the webshop. Please note that by ordering from our webshop, you agree to be bound by these terms and conditions.
You can find and download these terms and conditions here at all times. You will find details about your recent orders by login into your account via the “My Account” link.
- ABOUT US AND DEFINITIONS
1.1 WinesPleasure is a company whose registered office is situated at Wateringweg 153 2031EG Haarlem, in the Netherlands, with the company registration number kvk 68673019 btw NL 626292918B01. Please feel free to contact us for any questions or suggestions you have regarding our terms and conditions. You can email us at info@ WinesPleasure.com. Alternatively you may call us on +31 611160044 – this telephone number is open from Monday to Friday from 10:00 to 17:30.
1.2 These terms and conditions govern the supply by us of any product ordered by you on the site. By agreeing to order a product, you agree to be legally bound by these terms and conditions.
1.3 In these terms and conditions:
a) “Account” means the account that you will need to register for on the site if you would like to submit an order on the site;
b) “Acknowledgement” means our acknowledgement of your order by email;
c) “Business Day” means a day which is neither (i) a Saturday nor Sunday, nor (ii) a public holiday anywhere in The Netherlands, Germany, Spain and Portugal;
d) “Confirmation of Order” means our email to you in which we accept your order in accordance with our terms.
e) “Contract” means your order of a product or products in accordance with these terms and conditions.
f) “Customer” means individual who places an order on the webshop;
g) “Liability” means the responsibility for any loss of products ordered on the webshop;
i) “Order” means the order submitted by you to the site to purchase a product from us;
j) “You” means the customer who places an order;
k) references to “clauses” are to clauses of these terms and conditions;
l) headings are for ease of reference only and shall not affect the interpretation or construction of the terms and conditions;
m) references to “includes” or “including” or like words or expressions shall mean without limitation.
- YOUR STATUS
By placing an order through the site, you warrant that:
a) you are at least 18 years old;
b) you are resident within Netherlands, Belgium and or Luxembourg..
3.1 These terms and conditions shall apply to all orders made or to be made by us for the sale and supply of products. When you submit an order to us, give any delivery instruction or accept delivery of the products, this shall in any event constitute your unqualified acceptance of these terms and conditions. Nothing in these terms and conditions affects your statutory rights (including the right to insist that goods you buy from businesses must correspond with their description, be fit for their purpose and be of satisfactory quality).
3.2 These terms and conditions shall prevail over any separate terms put forward by you. Any conditions that you submit, propose or stipulate in whatever form and at whatever time, whether in writing, by email or orally, are expressly waived and excluded.
3.3 No other terms or changes to the terms and conditions shall be binding unless agreed in writing signed by us.
- HOW A CONTRACT IS FORMED
4.1 When making an order you must follow the instructions on the site as to how to make your order and for making changes to your prospective order before you submit it to the site.
4.2 Irrespective of any previous price you have seen or heard, once you select a product that you wish to order, you will then be shown or told (on the Site) the charges you must pay and any applicable delivery charges. All prices include VAT. Unless otherwise stipulated on the site, all charges are in the currency then in force in Germany, Spain or Portugal. Subject to clause 4.12 below, this is the total that you will pay for receipt of the ordered product.
4.3 You shall pay for the product in full at the time of ordering by supplying us with your credit or debit card details from a credit or debit card company acceptable to us or by Paypal, which we require in order to process your order. Payment is managed by Paypal for security purposes. We value your security and privacy details. We will not share these details with any third party.
4.4 If you are requested to give the details of your card, you must be fully entitled to use that card or account. The card or account must have sufficient funds to cover the proposed payment to us. We will only accept payments from the payment methods offered by Paypal.
4.5 You vouch for the fact that all details you provide to us for the purpose of purchasing the product from us will be correct, that the credit or debit card, or account or other payment method which you use is your own and that there are sufficient funds or credit facilities to cover the cost of the product. We reserve the right to obtain validation of your payment details before providing you with the product.
4.6 When you submit an order to the site, you agree that you do so subject to these terms and conditions current at the date you submit your order. You are responsible for reviewing the latest terms and conditions each time you submit your order.
4.7 Your order remains valid as an offer until we issue our confirmation of order or, if earlier, when we receive your notice revoking your order.
4.8 We are not obligated to supply the product to you until we have accepted your order. Unless expressly stating that we accept your order in an email, letter, fax or other Acknowledgement of your order by us is purely for information purposes and does not constitute the confirmation of order. In that acknowledgement, we may give you an order reference number and details of the product you have ordered. We may in our discretion refuse to accept an order from you for any reason, including unavailability of supplies or we may offer you an alternative product (in which case we may require you to re-submit your order first).
4.9 A contract shall be formed and we shall be legally bound to supply the product to you when we accept your order. Acceptance shall take place when we expressly accept your order by email to you, in the form of a document called an “Order Confirmation” stating that we are accepting your order. Our confirmation of order shall be deemed to come into effect when it has been dispatched by us. Without affecting your obligation to pay us earlier, we may send an invoice to you at any time after we have accepted your order. Until the time when we accept your order, we reserve the right to refuse to process your order and you reserve the right to cancel your order. If we or you have cancelled your order before we have accepted it, then we will promptly refund any payment already made by you or your credit or debit card company to us for the order of the product.
4.11 If you wish to revise your order after having it submitted to the website, please contact info@ WinesPleasure.com immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instructions.
4.12 We try very hard to ensure that the price given to you is accurate, but the price of your order will need to be validated by us as part of our acceptance procedure. If the price for the order changes before we accept your order, we will contact you and ask you to confirm that you wish to proceed at the amended price.
4.13 A contract will relate only to those products whose dispatch we have confirmed in the confirmation of order. We will not be obliged to supply any other products which may have been part of your order until we have sent a confirmation of order in relation to those products.
4.14 You must only submit to us or our agent or the site information which is accurate and not misleading and you must keep it up to date and inform us of changes.
5.1 We aim to deliver the product to you at the place of delivery requested by you in your order.
5.2 We aim to deliver within the time indicated by us at the time of your order. We always aim to deliver within 3 – 5 business days from the date of any order which we accept, but we cannot guarantee any firm delivery dates.
5.3 We shall aim to let you know if we expect that we are unable to meet our estimated delivery date, but, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
5.4 On delivery of the product, you may be required to sign for delivery. You agree to inspect the product for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered product in case of future discussions with us about it.
5.5 We deliver to the whole of Netherlands, Belgium & Luxembourg.
5.6 All risk in the product shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the product.
5.7 You must take care when opening the product so as not to damage it, particularly when using any sharp instruments.
5.8 You shall ensure that you are ready for safe receipt of the product without undue delay and at any time reasonably specified by us.
5.9 If you are not available to take delivery or collection, we may leave a card giving you instructions on either re-delivery or collection from the carrier.
5.10 If delivery or collection is delayed through your unreasonable refusal to accept delivery or if you do not (within two weeks of our first attempt to deliver the product to you) accept delivery or collect the product from the carrier, then we may (without affecting any other right or remedy available to us) do either or both of the following:
a) Charge you for our reasonable storage fee and other costs reasonably incurred by us; or
b) No longer make the product available for delivery or collection and notify you that we are immediately cancelling the applicable contract, in which case we will refund to you or your credit or debit card company as applicable any money already paid to us under the applicable contract, less our reasonable administration charges (including for attempting to deliver and then returning the product, and any storage fees as provided for in clause 4.11(a) above).
5.11 It is your responsibility to ensure that the products are sufficient and suitable for your purposes and meet your individual requirements. We do not warrant that the products will meet your individual requirements. You acknowledge that the products are standard and not made bespoke to fit any particular requirements that you may have.
6.1 We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
6.2 We will usually refund any money received from you using the same method originally used by you to pay for the product.
- THE RIGHT OF WITHDRAWAL
If you are an individual and are not buying goods on behalf of a business, you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right of withdrawal, you must inform WinesPleasure through email or telephone (info@ WinesPleasure.com – +31 (0) 20 261 2573) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
EFFECTS OF WITHDRAWAL
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than 7 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 7 days has expired. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- FAULTY PRODUCT(S)
8.1 We warrant that:
a) The product will be delivered undamaged in the quantities ordered; and
b) The product will conform to the manufacturer’s latest published instructions as set out on the site or in our product material at the time of your order.
8.2 The product is intended to be used strictly in accordance with the manufacturer’s latest published instructions as set out on the site or as on the product itself. It is your responsibility to ensure that you use the product strictly in accordance with those instructions.
8.3 Before delivery, we may make minor adjustments to material, color, weight, measurements, design and other features to the extent that they are reasonable.
8.4 We try very hard to deliver products in excellent condition. However, if you tell us that the product is faulty, you agree to keep the product in its current condition available for us (or our agent) to inspect within a reasonable time.
8.5 In order to provide you with any remedies for a faulty product, we may need your assistance and prompt provision of certain information regarding the product, including:
a) you specifying with reasonable detail the way in which it is alleged that the product is damaged or defective; and
b) you providing us with the delivery note number and such other information as we reasonably require.
8.6 If you would like us to repair, replace or provide a refund for the product where it did conform to the applicable contract, and we find that the product has:
a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions; or
b) been involved in any accident or damage caused by an incorrect attempt at modification or repair; or
c) been dealt with or used contrary to our or the manufacturer’s instructions for the product; or
d) deteriorated through normal use,
After delivery by us, we may at our discretion decide not to repair, replace or refund you for the product and/or we may require you to pay all reasonable carriage costs and servicing costs at our current standard fees and costs and charge this to your credit or debit card, or the payment details that you provided to us when you made your order, and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
- GUARANTEE AND COMPLAINTS
9.1 We shall perform our obligations under these terms and conditions with reasonable skills and care.
9.2 We place great value on our customer satisfaction. You may contact us at any time using the contact details given in clause 1.1 of these terms and conditions. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In guarantee cases, the manufacturer frequently must be involved, and as such it may take longer to resolve such an enquiry or complaint.
9.3 In the event of a complaint it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of the order or at least the order number that we assign you in the acknowledgement or confirmation of order. Should you not have received any reaction from us within 5 business days, please make further enquiries. In rare cases your emails may be caught up in our spam filters or not reach us, or correspondence that we send to you may otherwise not have reached you.
- CIRCUMSTANCES BEYOND OUR CONTROL
10.1 We shall not be liable to you for any breach, hindrance or delay in the performance of a contract attributable to any cause beyond our reasonable control, including without limitation any act of God, actions of third parties (including without limitation hackers, suppliers, governments, quasi-governmental, supra-national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure”), regardless of whether the circumstances in question could have been foreseen.
10.2 Either you or we may terminate a contract forthwith by written notice to the other in the event that the event of force majeure lasts for a period of two business days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a product already paid for by you and not delivered).
10.3 If we have contracted to provide identical or similar products to more than one customer and are prevented from fully meeting our obligations to you by reason of an event of force majeure, we may decide at our absolute discretion which contracts we will perform and to what extent.
- DEFAULT AND LIQUIDATION
11.1 If you:
a) are in breach of any or your obligations under a contract; or
b) give notice to any of your creditors that you have suspended or are about to suspend payment or if you shall be unable to pay your debts, or an order is made or a resolution is passed for your winding-up or an administration order is made or an administrator is appointed to manage your affairs, business and property or a receiver and/or manager or administrative receiver is appointed in respect of all or any of your assets or undertaking or circumstances arise which entitle the court or a creditor to appoint a receiver and/or manager or administrative receiver or administrator which entitle the court to make a winding-up or bankruptcy order or you take or suffer any similar or analogous action in consequence of debt in any jurisdiction;
we may terminate the applicable contract immediately on giving notice in writing and retain any advance payment and you shall indemnify us against all claims, losses, damages, liabilities, costs and expenses of whatsoever nature resulting from any such termination and all sums due to us from you shall become immediately payable.
11.2 Termination of a contract shall be without prejudice to any accrued rights or remedies of either you or us. Termination of a contract will not affect the coming into force or continuance in force of any provision which is expressly or by implication intended to come into or continue in force on or after such termination.
12.1 No failure or delay by us or you in exercising any right under these terms and conditions or a contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these terms and conditions or a contract.
12.2 If any clause in these terms and conditions or a contract shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these terms and conditions or a contract shall be capable of continuing in effect without the unenforceable term.
12.3 You shall not assign, transfer, charge, sub-contract, create any trust over or deal in any other manner with these terms and conditions or a Contract or all or any of your rights or obligations under these terms and conditions or a contract.
12.4 No person who is not a party to these terms and conditions or a contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these terms and conditions or that contract its assent to any such term.
12.5 These terms and conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with European law. Both we and you hereby submit to the non-exclusive jurisdiction of the Dutch courts. All dealings, correspondence and contacts between us shall be made or conducted in the English and or Dutch language.
- AMENDMENT TO THE GENERAL BUSINESS TERMS AND CONDITIONS
We reserve the right to amend these terms and conditions at any time. All amendments to these terms and conditions will be posted online. However, continued use of the site will be deemed to constitute acceptance of the new terms and conditions.
Version: Jan 2016
The website is operated by WinesPleasure (Public limited company) (“we”), a company registered in the Netherlands, Rotterdam under company registration number+31 (0) 611160044 whose registered office is Wateringweg 153 2031EG Haarlem, the Netherlands. Payments are processed by Paypal.
5. You shall not in any way use the website or submit to us or to the website or to any user of the website anything which in any respect:
a) is in breach of any law, statute, regulation or byelaw of any applicable jurisdiction;
b) is fraudulent, criminal or unlawful;
c) is inaccurate or out-of-date;
d) may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political;
e) impersonates any other person or body or misrepresents a relationship with any person or body;
f) may infringe or breach the copyright or any intellectual property rights (including without limitation copyright, trade mark rights and broadcasting rights) or privacy or other rights of us or any third party;
g) may be contrary to our interests;
h) is contrary to any specific rule or requirement that we stipulate on the website in relation to a particular part of the website or the website generally; or
i) involves your use, delivery or transmission of any viruses, unsolicited emails, Trojan horses, trap doors, back doors, Easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
6. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable license to use any material which you submit to us or the Website for the purpose of use on the Website or for generally marketing (by any means and in any media) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
7. Commentary and other materials posted on the website are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the website, or by anyone who may be informed of any of its contents.
8. You agree to comply at all times with any instructions for use of the website which we make from time to time.
9. The WinesPleasure names and logos and all related names, design marks and slogans are the trademarks or service marks of us or our licensors.
Intellectual property rights
10. We are the owner or the licensee of all intellectual property rights in the website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11. You may print off one copy, and may download extracts, of any page(s) from the website for your personal reference and you may draw the attention of others within your organization to material posted on the website.
12. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13. You must not use any part of the materials on the website for commercial purposes without obtaining a license to do so from us or our licensors.