General Terms and Conditions

Article 1 – Definitions

In these terms, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise their right of withdrawal.
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance agreement with the entrepreneur.
Day: calendar day.
Duration transaction: a distance agreement regarding a series of products and/or services, the delivery and/or purchase obligation of which is spread over time.
Durable data carrier: any medium that enables the consumer or entrepreneur to store information addressed personally to them in a manner that allows future consultation and unchanged reproduction of the stored information.
Right of withdrawal: the ability of the consumer to withdraw from the distance agreement within the cooling-off period.
Entrepreneur: the natural or legal person who offers products and/or services at a distance to consumers.
Distance agreement: an agreement in the context of a sales system organized by the entrepreneur for the distance selling of products and/or services, where the agreement is concluded exclusively through one or more techniques for distance communication.
Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same room.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Copain de Vin
Beltmolen 115
8071 TL
Nunspeet
Email: info@copaindevin.com
Chamber of Commerce number: 75066041

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and order formed between the entrepreneur and the consumer.

Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is reasonably not possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and that they will be sent to the consumer as soon as possible upon request.

If the distance agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous section, be made available electronically to the consumer in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier. If this is reasonably not possible, it will be indicated before the distance agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent to the consumer electronically or otherwise free of charge upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third sections will apply correspondingly, and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting general terms and conditions.

If one or more provisions in these general terms and conditions are wholly or partially invalid or annulled, the agreement and these terms will remain in force for the remainder, and the provision in question will be promptly replaced by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions will be assessed "in the spirit" of these general terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms will be explained "in the spirit" of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to amend and adjust the offer.

The offer includes a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious errors or mistakes in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a truthful representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer. This particularly concerns:

the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and what actions are necessary for that;
whether or not the right of withdrawal applies;
the method of payment, delivery, and execution of the agreement;
the period for acceptance of the offer or the period within which the entrepreneur guarantees the price;
the amount of the fee for communication at a distance if the costs of using the technique for distance communication are charged on a different basis than the regular basic rate for the communication medium used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;
the manner in which the consumer can check and, if desired, correct the data provided by them in the context of the agreement before concluding the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the case of a duration transaction.

Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance of the offer electronically. Until the entrepreneur has confirmed the receipt of this acceptance, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will provide a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for that purpose.

The entrepreneur can, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance agreement. If the entrepreneur has good grounds based on this investigation not to enter into the agreement, they are entitled to reasonably refuse an order or request or to attach special conditions to the execution.

The entrepreneur will provide the consumer with 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, along with the product or service:

the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing service after purchase;
the data included in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided these data to the consumer before the execution of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 days. This cooling-off period begins on the day after the consumer receives the product or a representative designated in advance by the consumer and known to the entrepreneur.

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 assess whether they wish to keep it. If they wish to exercise their right of withdrawal, they will return the product, including all delivered accessories, and—if reasonably possible—in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are required to notify the entrepreneur within 14 days of receiving the product. This notification must be made via a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by providing proof of shipping.

If the customer does not notify the entrepreneur of their intention to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3 or does not return the product, the purchase is confirmed.

Article 7 – Costs in the Event of Withdrawal

If the consumer exercises their right of withdrawal, the costs for returning the products are the consumer's responsibility.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal, on the condition that the product has already been received by the retailer or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the Right of Withdrawal (continued)

for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal;
for hygiene products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
concerning bets and lotteries.

Article 9 – The Price

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

Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are guide prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

Price increases after 3 months following the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

they result from legal regulations or provisions; or
the consumer has the right to terminate the agreement as of the day on which the price increase takes effect.

The prices mentioned in the offer for products or services are inclusive of VAT.

All prices are subject to printing and typing errors. The entrepreneur accepts no liability for the consequences of printing and typing errors. In the event of printing and typing errors, the entrepreneur is not obliged to deliver the product at the erroneous price.

Article 10 – Conformity and Warranty

The entrepreneur ensures that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the applicable laws and regulations in force on the date of conclusion of the agreement. If agreed, the entrepreneur also ensures that the product is suitable for use other than normal use.

Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can invoke based on the agreement against the entrepreneur.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery.

The warranty period provided by the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the final suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or in violation of the entrepreneur's instructions and/or the handling instructions on the packaging;
The unsoundness is wholly or partially the result of regulations imposed by the government regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The delivery address is the address that the consumer has provided to the company.

Subject to the provisions in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed, but no later than 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order can only be executed partially, the consumer will receive a notice to this effect no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution as stated in the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If the delivery of a ordered product proves impossible, the entrepreneur will make every effort to provide a substitute item. At the latest upon delivery, it will be clearly and understandably stated that a substitute item will be delivered. The right of withdrawal cannot be excluded for substitute items. The costs of a possible return shipment are at the entrepreneur's expense.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative, unless explicitly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer can terminate an agreement that has been concluded for an indefinite period and that concerns the regular delivery of products (including electricity) or services at any time, observing the agreed termination rules and a maximum notice period of one month.

The consumer can terminate an agreement that has been concluded for a fixed period and that concerns the regular delivery of products (including electricity) or services at any time at the end of the fixed duration, observing the agreed termination rules and a maximum notice period of one month.

The consumer can terminate the agreements mentioned in the previous sections:

at any time and is not limited to termination at a specific time or during a specific period;
at least terminate in the same manner as they were concluded by them;
always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

An agreement concluded for a fixed period and that concerns the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.

Contrary to the previous section, an agreement that has been concluded for a fixed period and that concerns the regular delivery of daily, news, and weekly newspapers and magazines may be automatically extended for a fixed period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement that has been concluded for a fixed period and that concerns the regular delivery of products or services may only be automatically renewed for an indefinite duration if the consumer can terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement concerns the regular delivery of daily, news, and weekly newspapers and magazines less than once a month.

An agreement with a limited duration for the regular introductory delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not automatically continued and ends automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless the reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts due by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has the obligation to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In case of default by the consumer, the entrepreneur is entitled to charge reasonable costs that were communicated to the consumer beforehand, subject to legal restrictions.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be fully and clearly described and submitted to the entrepreneur within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a receipt confirmation and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, they will, at their discretion, either replace the delivered products free of charge or repair them.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.