General Terms and Conditions
These terms and conditions apply to all orders made in the web store of Brouwerij ‘t IJ.
Article 1 – Definitions
In these terms and conditions the following is understood:
- Trader: the natural or legal entity offering products and/or services to other parties.
- Reflection period: the period within which the consumer can exercise his right of withdrawal. This reflection period does not apply to legal entities that are a consumer of the trader.
- Consumer: the natural person not acting in the course of a profession or running a business.
- Day: calendar day
- Durable medium: any means –this includes e-mail- by which the consumer or trader stores an unaltered reproduction of any information personally intended for him for future consultation.
- Right of withdrawal: the opportunity for the consumer to decide not to go ahead with the distance contract within the reflection period.
- Distance contract: every contract between the trader and the consumer is concluded within the framework of a system arranged by the trader, by which the provision of sales or remote services can be carried out without the simultaneous physical presence of the trader and consumer, whereby up to and upon closure of the contract, exclusive use is made of one or more means/techniques for distance communication.
- The right of withdrawal form: form as provided in Annex 1, Part B of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights
- Techniques for distance communication: means a technique which can be used for the conclusion of a contract without the consumer and trader coming together at the same time, in the same place.
Article 2 – Identity of the Trader
Brouwerij ‘t IJ BV
Tel: +31 (0)20 261 9800
CoC no. 34294966
VAT number: NL819052899B01
Article 3 -Applicability
- These general terms and conditions apply to every offer and all discounts and distance contracts concluded between the trader and consumer.
- Before the contract is concluded, the text of these general terms and conditions will be made available to the consumer. If the contract is not to be concluded on a distance basis, these general terms and conditions will be made available and/or delivered remotely prior to conclusion of the agreement. If it is not reasonably possible for the general terms and conditions to be made available by the trader for the consumer to see prior to the conclusion of the contract, they will be sent to the consumer on request as soon as possible and at no cost to the counter party.
- If the contract is delivered electronically, notwithstanding the preceding paragraph and before the distance contract is concluded, the text of these terms and conditions will be delivered electronically to the consumer in such a way that they can be stored in a simple manner on a durable medium, so that it will be accessible to the consumer for consultation at a later date. If this is not reasonably possible before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they, on the request of the consumer, will be sent free of charge by electronic means or another cost-free manner.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the third, fourth and fifth paragraphs shall equally apply, and in the event of conflicting terms, the consumer shall always rely on the applicable provision most favourable to him.
- These terms and conditions can only be waived if both parties have expressly agreed to the waiver in writing.
Article 4 – The Offer
- If an offer is of limited duration or subject to conditions, this will be explicitly stated in the offer.
- The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a full and proper assessment to be made of the offer by the consumer. If the trader makes use of images, they are a true representation of the products and/or services offered. The trader is not obligated or bound by obvious mistakes or errors in the offer.
- Each offer must contain information that clearly states the consumer’s rights and obligations connected to acceptance of the offer.
Article 5 – The Contract
- The contract is subject to the provisions of paragraph 4, and is concluded at the time of acceptance of the offer by the consumer and the satisfactory fulfilling of the terms and conditions.
- If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the contract.
- If the contract is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and it will provide a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
- The trader may, within the statutory parameters, confirm the consumer is able to meet its payment obligations, as well as investigate any other facts or factors that are important to a sound conclusion of the distance contract. If the trader, on the grounds of this investigation, finds reasonable justification not to enter into the contract, it is entitled to refuse an order or request the performance of the contract to be bound to specific terms and conditions.
- The trader will send the following product or service information to the consumer in writing, or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
- the visiting address of the establishment of the trader where the consumer can lodge complaints
- the terms and conditions under which, and the manner in which, the consumer’s right of withdrawal can be exercised, or a clear statement regarding the exclusion of the right of withdrawal
- information about existing after-sales service and guarantees
- the price including shipping and VAT (but excluding additional customs or import duties levied by destination countries outside the European Union),
- In case of appliance of a right of withdrawal, the right of withdrawal form.
Article 6 – Consumer’s Right of Withdrawal upon Delivery of Products
- When purchasing products from a distance, the consumer has the right to cancel the contract within fourteen days without providing any reason.
- This period comes into effect on the day after receipt of the product by or on behalf of the consumer, or, if the contract concerns the separate supply of multiple products, receipt of the last product.
Article 7 – Consumer’s Obligations under Right of Withdrawal:
- During the period stipulated in Article 6 the consumer shall treat the product and packaging with care. He shall only unpack or use the product as is necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all accessories and, if reasonably possible, in the original condition and packaging in accordance with reasonable and clear instructions provided by the trader.
- The consumer is responsible for any damage to the products resulting from the handling of the products, other than that which is necessary to determine the nature, characteristics and operation of the products.
Article 8 – Exercising the Right of Withdrawal and its costs:
The consumer may decide to make his intention to use his right of withdrawal known to the trader by such means as making use of the right of withdrawal form, as provided in Annex 1, Part B of Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on