Terms & Conditions
1. Applicability of these terms and conditions
1.1. These terms and conditions apply, to the exclusion of any other terms and conditions, to all offers, agreements and deliveries relating to products created or offered by Ay-Wines.
1.2 The following definitions are used in these general terms and conditions:
- Ay-Wines – which sells products;
- Buyer – the counterparty of Ay-Wines;
- Consumer – the buyer who is not acting in the course of a profession or business;
- Consumer purchase – the sale between Ay-Wines and consumer;
- Distance purchase – the consumer purchase whereby the agreement is concluded via the internet, telephone, fax or post.
2. Offers and agreements
2.1 The offer or quotation is valid during the specified term or as long as stocks last.
2.2 In the event of distance selling, agreements between Ay-Wines and the buyer are concluded at the time of acceptance by the buyer of the offer and the fulfilment of the associated conditions.
2.3 Ay-Wines is authorized to make use of third parties in the execution of the agreement. All rights and claims as stipulated in these terms and conditions and any further agreements for the benefit of Ay-Wines, also apply to intermediaries and other third parties engaged by Ay-Wines.
3. Price change
3.1 If after the conclusion of the agreement the prices of raw materials, wages, import duties, taxes or other external costs (whether or not as a result of currency changes) increase, Ay-Wines is entitled to adjust the purchase price to this increase.
3.2 Ay-Wines will inform the buyer of such a circumstance as soon as possible, after which the buyer is then entitled to dissolve the agreement, unless it has been stipulated that the delivery will take place longer than three (3) months after the purchase, or the increase is the result of a legal price increase.
4.1 Ay-Wines states a delivery time, failing which a delivery time of two (2) days applies. Specified (delivery) times do not count as deadlines, unless expressly agreed in writing. If the delivery term is not met, the consumer is obliged to give another option for delivery. If this is also not achieved, the consumer can dissolve the agreement.
4.2 If Ay-Wines needs information from the buyer for the execution of the agreement, or if (partial) advance payment has been stipulated, the delivery time will only commence after Ay-Wines has received the correct and complete information or the advance payment.
4.3 Delivery to consumers takes place in the manner indicated by Ay-Wines during the purchase process and to the address specified by the buyer during the conclusion of the agreement, including delivery due to absence at the post office or neighbours / third parties indicated by the buyer. The risk of the delivered products is transferred to the buyer at the time of delivery.
4.4 If the buyer refuses a delivery, Ay-Wines can charge the resulting costs to him. In addition, Ay-Wines has the right to dissolve the agreement in that case, without prejudice to the right to claim total compensation.
All delivered products remain the property of Ay-Wines until the buyer has fulfilled all his obligations towards Ay-Wines under the agreement.
6. Dissolution and return
6.1 After confirmation of the order, the buyer can only change or cancel it with the permission of Ay-Wines. If Ay-Wines has already incurred costs or has to incur costs as a result of the change or cancellation, Ay-Wines can charge these to the buyer. In case of distance selling, the buyer has the right to withdraw from the purchase in writing within fourteen (14) working days after receipt of the product by means of an unambiguous statement.
6.2 If the purchase price and shipping costs have already been paid, they will be refunded as soon as possible, but at the latest within fourteen (14) days after Ay-Wines has been informed that the buyer wishes to withdraw from the purchase, unless it is suspected that the returned products have already been opened when this is not necessary to evaluate the product, used or damaged through the fault of the buyer. Repayment will be made with the same payment method with which the buyer made the original transaction, unless the buyer has expressly agreed otherwise.
6.3 The buyer must return the product to Ay-Wines without delay and in any case no longer than fourteen (14) days after the day on which the buyer has notified Ay-Wines of the decision to withdraw from the agreement. Ay-Wines may withhold reimbursement until Ay-Wines has received the product, or the buyer has demonstrated that the product has been returned, whichever comes first.
6.4 Art 6.2 does not apply to the distance purchase of:
a) goods whose price is subject to fluctuations in the financial market, over which Ay-Wines has no influence;
b) items that:
- are made in accordance with the specifications of the buyer;
- be clearly personal in nature;
- cannot be returned due to their nature;
- can spoil or age quickly;
- audio and video recordings and computer software if the seal has been broken by the buyer;
- newspapers or magazines; or
- services performed with the consent of the consumer before the period of seven (7) working days has expired.
6.5 Returns of delivered products can only take place after written approval by Ay-Wines, in the manner indicated by Ay-Wines during the purchase process. The direct costs for returning the products in the context of this article are for the account of the buyer, unless expressly agreed otherwise in writing.
6.6 If the consumer is not satisfied with a wine, the consumer can exchange it within two (2) weeks. The only thing the consumer has to take care of is the return of the wine. Then you can drop it off in the store or send it by post. The costs for the return shipment are for the account of the consumer.
6.7 If the consumer chooses the option to exchange the wine, Ay-Wines will send the new wines without shipping costs. If the consumer wants money back, this will be refunded to the consumer’s account within 14 days. Only the unopened / unused items will be reimbursed.
7.1 Ay-Wines is at all times entitled to demand (partial) payment in advance or to deliver cash on delivery.
7.2 If Ay-Wines has not yet received (full) payment after the payment term has expired, the buyer is in default and owes interest equal to the statutory interest, as applies to consumer transactions. All costs incurred by Ay-Wines, such as legal costs and extrajudicial and judicial costs, including the costs for legal assistance, bailiffs and collection agencies, incurred in connection with late payments, are at the expense of the buyer. The extrajudicial costs are charged in accordance with “the Decree on Compensation for Extrajudicial Collection Costs”. The rates from the previous decision are:
- Minimum rate € 40.00
- 15% on the first € 2,500.00
- 10% on the next € 2,500.00
- 5% on the next € 5,000.00
- 1% on the next € 190,000.00
- 0.5% over the excess of the principal with a maximum of € 6,775
7.3 Before collection costs are charged, Ay-Wines will send the consumer a reminder, in which Ay-Wines has a term of fourteen (14) days after the day of the reminder. is given to settle the claim.
8. Powers of suspension and termination
8.1 In addition to the provisions in case of force majeure and in Article 6, Ay-Wines is authorized to (partially) suspend the execution of its obligations under all agreements existing between the parties or to suspend these agreements without notice of default or judicial to dissolve the intervention in whole or in part:
- if the buyer is in default or Ay-Wines has good reason to fear that the buyer will not or not fully and/or not timely fulfill his obligations;
- in the event of liquidation, of (application for) suspension of payments, bankruptcy or debt restructuring or any other circumstance as a result of which the buyer can no longer freely dispose of his assets; or
- if circumstances arise that make fulfillment of the agreement impossible or unaltered maintenance of the agreement cannot reasonably be expected of Ay-Wines.
8.2 In the cases mentioned under 8.1, all possible obligations of the buyer will also become immediately due and payable and Ay-Wines will not be obliged to pay any compensation. The latter does not apply if there is a dissolution as a result of circumstances that are not attributable to the consumer.
9. Guarantees and complaints
9.1 The products to be delivered by Ay-Wines meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended under normal use. If applicable, the products supplied by Ay-Wines are subject to warranty provisions from suppliers and third parties such as manufacturers and importers.
9.2 When using the product outside the Netherlands, the buyer must verify whether the products are suitable for use there and whether they meet the conditions and (legal) requirements that are set for them.
9.3 The buyer is obliged to check the delivered products immediately after receipt. Any defects that have become apparent must be reported to Ay-Wines in writing and with reasons within two (2) months – and in the case of external defects immediately.
9.5 If it is demonstrated that a product does not comply with the agreement and a complaint has been made in time, Ay-Wines has the choice to replace the product in question, to arrange for repair or to refund the invoice price plus paid shipping costs.
9.4 All data, models and images regarding colours, materials, sizes and finish are indicative. Deviations herein cannot constitute a reason for rejection, discount, dissolution of the agreement or compensation, if these deviations are of minor significance.
10. Intellectual property rights
10.1 The buyer expressly acknowledges that all intellectual and/or industrial property rights with regard to the products, materials and information made available to the buyer by Ay-Wines, including (the appearance of) samples, packaging, labels, tags, the design, composition and/or specifications of samples, products and semi-finished products, as well as technical and commercial know-how, models, moulds, designs and designs, are the responsibility of Ay-Wines, its suppliers or other entitled parties.
10.2 If and insofar as Ay-Wines manufactures products or packaging on the basis of explicit instructions from the buyer, such as specifications, designs, sketches, models or designs supplied by the buyer, the buyer guarantees that no rights of third parties have been infringed. is becoming. The buyer indemnifies Ay-Wines against claims from third parties in this regard and reimburses all costs incurred by Ay-Wines in connection with these claims.
11. Liability for damage
11.1 Ay-Wines is not liable for damage caused:
- by inexpert use of the delivered goods or by using it for a purpose other than that for which it is suitable according to objective standards;
- because Ay-Wines has based on incorrect or incomplete information provided by or on behalf of the buyer;
- by third parties who are engaged in the execution of the agreement at the request or with the consent of the buyer;
- materials or services provided by third parties at the request or with the consent of the purchaser; or
- misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the internet or any other (electronic) means of communication.
11.2 Only direct damage attributable to Ay-Wines is eligible for compensation. Liability for indirect damage such as in any case but not limited to consequential damage, loss of profit, mutilated or lost data or materials, reduced yield is excluded. In the case of consumer purchases, this limitation does not extend beyond that permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
11.3 Insofar as Ay-Wines is liable for compensation of damage, this is limited to a maximum of the invoice amount that relates to the (partial) delivery, on the understanding that this amount will not exceed € 45,000 and in any event not exceeding limited at all times to a maximum of the amount that the insurer pays to Ay-Wines in the appropriate case.
11.4 The buyer indemnifies Ay-Wines against claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to the buyer.
11.5 The restrictions referred to in Articles 11.1 to 11.4 do not apply if:
- the damage is due to intent or gross negligence on the part of Ay-Wines or its (managerial) subordinates;
- there is product liability with regard to a consumer within the meaning of Book 6, Title 3, Section 3 of the Dutch Civil Code.
12. Force majeure
12.1 If Ay-Wines is unable to fulfill the agreement due to force majeure, it is entitled to suspend its obligations until the force majeure situation has ended. If this period lasts longer than two (2) months, each of the parties is entitled to dissolve the agreement with regard to the products affected by the force majeure, without obligation to compensate the other party for damage. The buyer is then obliged to pay for what has already been delivered.
12.2 Force majeure in these general terms and conditions includes, in addition to what is understood in the law in jurisprudence, all external causes, foreseen or unforeseen, over which Ay-Wines can exercise no influence, and as a result of which Ay-Wines is unable to to fulfill its obligations.
13. Dutch law and competent court
13.1 This agreement is governed by Dutch law, even if an obligation is wholly or partly performed abroad or if the buyer is domiciled there. The applicability of the Vienna Sales Convention is excluded.
13.2 In the event of disputes, the court of the buyer’s place of residence is competent.
13.3 The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
14. Other provisions
14.1 The Dutch text of the general terms and conditions is always decisive for the interpretation thereof.
14.2 Amendments and/or additions to these general terms and conditions are only valid and applicable if they are in writing. If Ay-Wines makes use of additional terms and conditions or provisions that conflict with these general terms and conditions, this will not affect the validity and applicability of other provisions of these general terms and conditions.
15. Responsible alcohol consumption
15.1 Ay-Wines does not sell alcoholic beverages to people under the age of 18. It is illegal to sell alcoholic beverages to young people under the age of 18.
15.2 When ordering, a so-called age verification is done to see whether the customer is old enough to buy alcoholic beverages.
15.3 Orders sent by post will be age-verified upon delivery. The consumer will be asked for ID upon delivery.
15.4 If upon delivery it appears that the consumer is not old enough, the order will be returned to Ay-Wines. The shipping costs are borne by the consumer. The costs of the ordered products will be refunded to the consumer’s account.