INTRODUCTION

On this page you will find the terms and conditions for the webshop of www.distilleerderijdebronckhorst.nl, as provided by Distilleerderij de Bronckhorst BV. In these webshop terms we explain under which conditions we offer the products on our website to you.

1. DEFINITIONS
In these terms and conditions the following definitions apply:

1. 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;

2. Cooling-off period: the period within which the consumer can make use of their right of withdrawal;

3. Consumer: the natural person who does not act for purposes related to their trade, business, craft, or professional activity;

4. Day: calendar day;

5. Digital content: data produced and delivered in digital form;

6. Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use during a period that is appropriate for the purpose of the information, and which allows unchanged reproduction of the stored information;

7. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

8. Entrepreneur: the natural or legal person who offers (access to) digital content and/or products and/or services to consumers at a distance;

9. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract exclusive or partial use is made of one or more means of distance communication;

10. Means of distance communication: a tool that can be used to conclude an agreement without the consumer and entrepreneur having to meet simultaneously in the same space.

2. IDENTITY OF THE ENTREPRENEUR
Entrepreneur’s name: Mr. Erik Legters
Trading under the name of: Distilleerderij de Bronckhorst, also Distillery de Bronckhorst
Business address: Kroezekampweg 1A, 7021 HL Zelhem
Phone number: 06 – 137 892 68
Email: info@distilleerderijdebronckhorst.nl
Chamber of Commerce number: 64058662
VAT identification number: 855504900B01
IBAN: NL69ABNA0550620400

3. APPLICABILITY

1. These terms and conditions apply to the offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer, as well as to any contract not concluded at a distance.

2. Before the distance contract is concluded, the text of these general terms and conditions is 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 at the consumer’s request as soon as possible.

4. OFFER

1. The offer contains a complete and accurate description of the products and/or services offered.

5. CONTRACT

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.

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

3. Orders via the website can only take place if the consumer fills in all required details in the payment screen. The required details are: name, email address, phone number, street name, house number, place of residence, postal code, and date of birth. Processing of personal data will take place in accordance with the Privacy Policy, as stated on the website www.distilleerderijdebronckhorst.nl.

4. Sale of strong alcoholic beverages takes place exclusively to consumers who have reached the age of 18. The entrepreneur is entitled to verify the consumer’s age. The consumer is obliged, upon request, to present a valid ID to enable the entrepreneur to perform the mandatory age verification.

5. Within legal frameworks, the entrepreneur may inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to conclude the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to the execution, including requiring security or prepayment.

6. At the latest upon delivery of the product, service, or digital content to the consumer, the entrepreneur will provide the following information 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 visiting address of the entrepreneur’s business where the consumer can lodge complaints;
   b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   c. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or performance of the distance contract.

6. RIGHT OF WITHDRAWAL

1. The consumer can dissolve the contract relating to the receipt of the offer within a minimum cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not oblige the consumer to state their reason(s).

2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer, who is not the carrier, has received the offer.

7. OBLIGATIONS OF THE CONSUMER DURING THE COOLING-OFF PERIOD

1. During the cooling-off period the consumer will handle the product and packaging with care. They will 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 they would be allowed to do in a store. In the case of beverages, it is not permitted to open the packaging and/or the bottle. Opening the packaging and/or bottle results in the consumer no longer having the right of withdrawal.

2. The consumer is only liable for any reduction in value of the product resulting from handling the product beyond what is permitted in paragraph 1.

8. EXERCISING THE RIGHT OF WITHDRAWAL BY THE CONSUMER AND COSTS THEREOF

1. If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the cooling-off period has expired.

3. The consumer shall return the product with all supplied accessories, in the original (and unopened) condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

5. The consumer bears the direct costs of returning the product.

6. If the consumer exercises their right of withdrawal, all additional agreements are dissolved by operation of law.

9. OBLIGATIONS OF THE ENTREPRENEUR IN CASE OF WITHDRAWAL

1. If the entrepreneur makes electronic notification of withdrawal possible, they will immediately send a confirmation of receipt after receiving this notification.

2. The entrepreneur shall reimburse all payments made by the consumer, excluding any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to refund until they have received the product or until the consumer proves that they have returned the product, whichever is earlier. The entrepreneur is only obliged to refund if they are satisfied that the consumer has fulfilled the obligations referred to in articles 7 and 8.

3. The entrepreneur will use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not obliged to refund the additional costs for the more expensive method.

10. EXCLUSION OF RIGHT OF WITHDRAWAL
The entrepreneur may exclude the following products from the right of withdrawal:

1. 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;

2. Sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

3. Products that, by their nature, are irreversibly mixed with other products after delivery;

4. Alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control.

11. PRICE

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

2. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.

3. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
   a. they are the result of statutory regulations or provisions; or
   b. the consumer has the right to terminate the contract as of the day the price increase takes effect.

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

12. PERFORMANCE OF CONTRACT AND EXTRA WARRANTY

1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the contract was concluded.

13. DELIVERY AND EXECUTION

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.

2. The place of delivery is the address that the consumer has provided to the entrepreneur.

3. Subject to what is stated in article 4 of these terms and conditions, the entrepreneur will execute accepted orders after receipt of full payment for the offer, unless another delivery term has been agreed or in case of force majeure. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will receive a notification. In that case, the consumer has the right to dissolve the contract free of charge without the right to any (replacement and/or additional) compensation.

4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer.

5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

14. PAYMENT

1. Advance payment owed by the consumer must be made within 14 days after placing the order and before the consumer receives the offer. Payments are made in cash, via iDeal, or by credit card.

2. The consumer has the obligation to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

15. COMPLAINTS

1. Complaints about the performance of the contract must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects, failing which any claim by the consumer will lapse.

2. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

16. DISPUTES

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

2. All disputes arising from the agreement between the consumer and the entrepreneur will be settled exclusively by the competent court in the Netherlands.

17. ADDITIONS OR DEVIATIONS
The entrepreneur is entitled to amend the provisions in these general terms and conditions. Changes will take effect as soon as they have been communicated in writing to the consumer.