General Terms and Conditions

General terms and conditions – Online platform for Texel drinks in De Koog., KvK: 84291680

Article 1 - Definitions

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

- Reflection period: the period within which the buyer can make use of his right of withdrawal;

- Buyer / counterparty: the (legal) person who acts in the exercise of a profession or business and enters into a distance contract with Drank van Texel;

- Day: calendar day;

- Durable medium: any instrument which enables the purchaser to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;

- Right of withdrawal: the option for the buyer to cancel the distance contract within the cooling-off period;

- Drank van Texel: the legal entity that offers products remotely to buyer(s) and the user of the General Terms and Conditions;

- Distance contract: an agreement whereby, within the framework of a system organised by Drank van Texel for the distance sale of products, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

- Distance communication technology: means that can be used to conclude an agreement without the buyer and Drank van Texel being in the same room at the same time;

- General Terms and Conditions: the present General Terms and Conditions of Drank van Texel.

Article 2 - Applicability

These general terms and conditions apply to every offer from Drank van Texel and to every distance contract and orders concluded between Drank van Texel and the buyer.
Before the distance contract is concluded, the text of the General Terms and Conditions will be made available to the buyer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the General Terms and Conditions can be viewed at Drank van Texel and that they will be sent to the buyer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of the General Terms and Conditions may be made available to the buyer electronically in such a way that the buyer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the General Terms and Conditions can be consulted electronically and that they will be sent free of charge to the buyer electronically or otherwise at the buyer's request.
If one or more provisions of the General Terms and Conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.
Any ambiguities regarding the interpretation or content of one or more provisions of the General Terms and Conditions or situations not covered by the General Terms and Conditions must be interpreted 'in the spirit' of the General Terms and Conditions.

Article 3 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. Drank van Texel is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the buyer to properly assess the offer. If Drank van Texel uses images, these are a true representation of the products offered. Drank van Texel cannot guarantee that the colours displayed correspond exactly to the real colours of the products. Obvious mistakes or obvious errors in the offer do not bind Drank van Texel.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

Article 4 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the buyer accepts the offer and meets the conditions set therein.
If the buyer has accepted the offer electronically, Drank van Texel will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Drank van Texel, the buyer may terminate the agreement.
If the agreement is concluded electronically, Drank van Texel will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the buyer can pay electronically, Drank van Texel will take appropriate security measures to that end.
Drank van Texel may - within legal frameworks - inquire whether the buyer 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 Drank van Texel has good reasons not to enter into the contract on the basis of this investigation, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 5 - The price

When concluding the agreement, the parties will agree on a price, which will be stated in the offer.
Any cost estimates include VAT and other government levies.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, Drank van Texel is not obliged to deliver the product at the incorrect price.

Article 6 – Conformity and (possible) warranty

Drank van Texel guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded.
Any defects or incorrectly delivered products must be reported to Drank van Texel in writing within 48 hours of delivery. Return of the products must take place within 14 days of delivery in the original packaging and in new condition. An exception to this are the custom-made products by Drank van Texel, these cannot be returned.
In the event of a warranty period of Drank van Texel, this corresponds to the manufacturer's warranty period. However, Drank van Texel is never responsible for the ultimate suitability of the products for each individual application by the buyer, nor for any advice regarding the use or application of the products.
Any warranty does not apply if:

- the buyer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;

- the delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of Drank van Texel and/or on the packaging;

Article 7 - Delivery and execution

Drank van Texel will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the buyer has made known to Drank van Texel.
All delivery times are indicative. The buyer cannot derive any rights from any stated terms. Exceeding a term does not entitle the buyer to compensation.
If delivery of an ordered product proves impossible, Drank van Texel will make every effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered.
The risk of damage and/or loss of products rests with Drank van Texel until the moment of delivery to the buyer or a previously designated representative made known to Drank van Texel, unless expressly agreed otherwise.

Article 8 - Suspension and termination of the agreement

Drank van Texel is authorised to suspend or terminate the agreement in whole or in part if circumstances arise which are of such a nature that fulfilment of the agreement is impossible or if other circumstances arise which are of such a nature that continued maintenance of the agreement unchanged cannot reasonably be expected of it.
Drank van Texel has the right to suspend or terminate the agreement without judicial intervention and without notice of default with immediate effect if the other party is declared bankrupt, is granted a suspension of payments, has applied for bankruptcy or a provisional suspension of payments or wishes to make an arrangement with its creditors to avert this, if there is a seizure, the other party is placed under guardianship, debt restructuring for natural persons is applied for or if it otherwise loses the power to dispose of its assets or parts thereof.
If circumstances arise with regard to persons and/or materials that Drank van Texel uses or is accustomed to using in the performance of the agreement, which are of such a nature that the performance of the agreement becomes impossible or so difficult and/or disproportionately expensive that compliance with the agreement can no longer reasonably be required, Drank van Texel is entitled to suspend or terminate the agreement.
In addition to the cases mentioned in this article in which Drank van Texel is entitled to suspend or terminate, Drank van Texel's claims on the other party are also immediately due and payable in the following cases:

- circumstances that come to the attention of Drank van Texel after the conclusion of the agreement give Drank van Texel good reason to fear that the other party will not fulfil its obligations;

- if Drank van Texel has asked the other party to provide security for compliance when concluding the agreement and this security is not provided or is insufficient;

- if the other party ceases or liquidates its business or a significant part thereof or if a decision is taken to this effect;

If the other party fails to fulfil one or more obligations towards Drank van Texel, or fails to fulfil them properly or on time, all other (remaining) claims of Drank van Texel on the other party shall be immediately due and payable.
Any suspension or termination shall not affect Drank van Texel's right to claim damages.
Coats may be exchanged once if the colour is not to your liking, except for medicinal ones.

Article 9 - Payment

Goods will be charged for delivery. Goods will not be delivered until payment is received.
Discount codes can only be used once per customer and cannot be combined.

Article 10 - Liability

A counterparty, including the buyer, guarantees the correctness and completeness of the data provided to Drank van Texel by or on behalf of the counterparty. Drank van Texel is not liable for the consequences of providing incorrect and/or incomplete data.
Drank van Texel is not liable for any damage resulting from the actions or omissions of the other party, its personnel or third parties engaged by it in the context of the agreement or related activities.
Drank van Texel is never liable for indirect damage, including consequential damage, lost profit, missed savings and damage due to business stagnation.
The liability of Drank van Texel, to the extent covered by its liability insurance, is limited to the amount paid out by the insurer.
If the insurer does not pay out in any case or the damage is not covered by the insurance, Drank van Texel's liability is limited to the amount owed by the other party under the order, but up to a maximum of € 250.
The counterparty shall indemnify Drank van Texel against any claims by third parties for damages related to the performance of the agreement and the cause of which is attributable to parties other than Drank van Texel.
The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Drank van Texel or its managerial subordinates.
Any claim against Drank van Texel shall lapse after one year from the day on which the work to which the claim relates was performed or should have been performed.

Article 11 - Disputes

Agreements between Drank van Texel and the buyer to which the General Terms and Conditions apply are exclusively subject to Dutch, Germany and Belgium law. Even if the buyer resides in a country other than the countries indicated.
The Vienna Sales Convention does not apply.

(version July 2019)