General terms & conditions

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General terms & conditions

General terms & conditions

Wines shown in our shop are available in our own cellar or can, in some cases, be ordered from our suppliers within a few days.

Vintages mentioned in the title of the product are always correct - in some cases images in the shop may show a label with an incorrect vintage and customers should rely on product names and not on what is shown in images. Images in the store are not usually of the actual bottle we have in our cellars. On request we can send you photos of the actual bottles you are interested in ordering. Please contact us on wines@all-wines.com.

Should we, in rare cases, no longer be able to supply a wine you have bought, we may offer a different vintage as a replacement at your choice or will alternatively refund your payment.

The Netherlands "margin rule" applies to many wines on this website meaning that they are sold including 0% VAT. Please don't hesitate to get in touch in case you have any questions.

All Wines only sells to customers who are 18 years or older. By accepting these terms & conditions at the time of purchase, you confirm that you are of legal drinking age.

General Terms and Conditions All Wines B.V.

Table of contents:

Article 1 – Definitions

Article 2 – Company identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Obligations of the consumer during the cooling-off period

Article 8 – Exercising the right of withdrawal by the consumer and the associated costs

Article 9 – Obligations of the company in the event of withdrawal

Article 10 – Exclusion from the right of withdrawal

Article 11 – The price

Article 12 - VAT / excise duties

Article 13 – Compliance with contract and extra guarantee

Article 14 – Delivery and performance

Article 15 – Continuing performance contracts: duration, termination and extension

Article 16 – Payment

Article 17 – Complaints procedure

Article 18 – Disputes

Article 19 – Supplementary or contrary provisions

Article 20 - Data Protection and Privacy (GDPR Compliance)

Article 21 - Intellectual Property Rights

Article 1 – Definitions

The following definitions apply in these terms and conditions:

Supplementary contract: a contract in which the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by the company or are delivered by a third party under an agreement between the third party and the company;
Cooling-off period: the period in which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes connected to their trade, company or professional activity;
Day: calendar day;
Digital content: data that is produced and supplied in digital form;
Continuing performance contract: a contract for regular delivery of goods, services and/or digital content during a specific period;
Permanent data carrier: any tool, including email, that enables the consumer or company to save information directed personally to it which permits future consultation or use during a period corresponding to the purpose for which the information was intended, and which permits the saved information to be reproduced without alteration;
Right of withdrawal: the option for the consumer to abandon the distance contract within the cooling-off period;
Company: the natural or legal person that offers these products, access to digital content and/or services at a distance to consumers;
Distance contract: a contract concluded between the company and the consumer as part of an organised system for the distance selling of products, digital content and/or services which exclusively or additionally uses one or more technologies for distance communication until the conclusion of the contract;
Standard withdrawal form: the European standard withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer does not have a right of withdrawal regarding their order;
Technology for distance communication: a tool that can be used for concluding a contract without the need for the consumer and the company to be together in the same room at the same time.

Article 2 – Company identity

All Wines B.V.

Herengracht 520

1017 CC Amsterdam

Telephone number: +31 20 7957555

E-mail address: wines@all-wines.com

Chamber of Commerce number: 34306831

VAT identification number: 8196.94.575.B.01

Article 3 - Applicability

These general terms and conditions apply to all offers by the company and all distance contracts concluded between the company and the consumer.
The text of these general terms and conditions will be made available to the consumer prior to the conclusion of the distance contract. If this is not reasonably possible, prior to concluding the contract the company will indicate the manner in which the general terms and conditions can be inspected at the company’s premises, and that these can be sent to the consumer on request as soon as possible and at no charge.
If the distance contract is concluded electronically, in derogation to the previous sub clause and prior to the conclusion of the distance contract, the text of the general terms and conditions may be made available to the consumer electronically in such a manner that these can be easily stored by the consumer on a permanent data carrier. If this is not reasonably possible, it will be indicated prior to the conclusion of the distance contract where the general terms and conditions can be inspected electronically, and that these will be sent on request to the consumer electronically or in another manner at no charge.
If specific product or service conditions terms apply in addition to these general terms and conditions, the second and third sub clause will correspondingly apply and in the event of conflicting conditions the consumer will always be able to rely on the applicable provision that is most favorable to them.

Article 4 - The offer

If an offer has a limited period of validity or occurs under conditions, this will be specifically stated in the offer.
The offer comprises a full and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable the consumer to properly evaluate the offer. If the company uses images, these are faithful reproductions of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the company.
All offers contain sufficient information such that the rights and obligations attached to the acceptance of the offer are clear to the consumer.

Article 5 - The contract

The contract is formed at the moment in which the consumer accepts the offer and satisfies the associated conditions, subject to the provisions of sub clause 4.
If the consumer has accepted the offer electronically, the company will immediately confirm receipt of the offer electronically. The consumer may terminate the contract as long as the company has not confirmed receipt of this acceptance.
If the contract is formed electronically, the company will take the appropriate technical and organisational measures to protect the electronic transfer of data and will provide a secure web environment. If the consumer is able to pay electronically, the company will observe security measures that are appropriate for this purpose.
The company may obtain information within statutory parameters as to whether the consumer is able to meet its payment obligations, as well as any facts and factors that are significant for the responsible conclusion of the distance contract. If on the basis of this investigation the company has firm grounds to not conclude the contract, it is entitled to reject an order or request with motivations, or attach special terms and conditions to the performance.
No later than the moment at which the product is delivered, the company will send the following information to the consumer in writing, or in such a manner that the consumer can save it on a permanent data carrier in an accessible manner:
The visitor’s address of the company’s business location where the consumer can direct complaints;
The terms and conditions under which the consumer can exercise their right of withdrawal or a clear notification concerning the exclusion of the right of withdrawal, and the manner in which they can do so;
Information about guarantees and the service that exists following purchase;
The price, including all taxes on the product, service or digital content – the delivery costs, where applicable – and the method of payment, delivery or performance of the distance contract;
The requirements for terminating the contract if the contract has a term of more than a year or has an indefinite term; and
If the consumer has a right of withdrawal, the standard withdrawal form.
In the event of a continuing performance contract, the provision in the previous sub clause only applies to the initial delivery.

Article 6 - Right of withdrawal - for products

The consumer can terminate a contract for the purchase of a product during a cooling-off period of at least 14 days without providing reasons. The company may ask the consumer for the reason for withdrawal, but the consumer is not under any obligation to provide reasons.
The cooling-off period referred to in sub clause 1 enters effect on the day after the consumer, or a third party designated in advance by the consumer, but not the carrier, has received the product.
If the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the final product. The company may reject an order for multiple products with different delivery times provided it has clearly informed the consumer about this prior to the order process.
If the delivery of a product consists of various consignments or parts – the day on which the consumer, or a third party designated by the consumer, has received the final consignment or part.
Contracts concerning a regular delivery of products during a specified period – the day on which the consumer, or a third party designated by the consumer, has received the first product.

Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will carefully handle the product and the packaging. The consumer will only remove the packaging or use the product to the extent this is necessary for determining the features and operation of the product. The criterion here is that the consumer should only handle and inspect the product as they would in a shop.
The consumer is solely liable for any reduction in the value of the product that results from handling the product in a manner beyond that permitted in sub clause 1.
The consumer is not liable for any reduction in the value of the product if the company has not provided the consumer with all of the legally required information about the right of withdrawal prior to or when concluding the contract.

Article 8 - Exercising the right of withdrawal by the consumer and the associated costs

If the consumer exercises their right of withdrawal, they will notify the company during the cooling-off period using the standard withdrawal form or in another unambiguous manner.
The consumer will return the product as soon as possible, but no later than 14 days from the day following the notification stated in sub clause 1, or they will deliver this to the company or an authorized representative of the company. This is not required if the company has offered to collect the product. The consumer has observed the return period in any event if they return the product before the expiry of the cooling-off period.
The consumer will return the product with all its accompanying accessories, in the original condition and packaging if reasonably possible, and in accordance with the reasonable and clear instructions issued by the company.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer will bear the direct costs of returning the product. If the company has not notified the consumer that it must bear these costs or if the company has indicated that it will bear the costs, the consumer does not have to bear the costs of returning the product.
If the consumer withdraws after first expressly having requested the performance of the service or the supply of gas, water or electricity that was not ready for sale in a limited volume or a set quantity during the cooling-off period, the consumer will owe the company an amount in proportion to the part of the obligation fulfilled by the company at the moment of withdrawal, with respect to the full fulfillment of the obligation.
The consumer will not bear any costs for the performance of services or the supply of water, gas or electricity that was not made ready in a limited volume or quantity before sale, or for the supply of district heating if:
The company did not provide the legally required information to the consumer about the right of withdrawal, the reimbursement of costs in the event of withdrawal or the standard withdrawal form;
The consumer did not expressly request the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.
The consumer will not bear any costs for the full or partial delivery of digital content that is not supplied on a physical data carrier if:
Prior the supply, they did not expressly consent to the commencement of performance of the contract before the end of the cooling-off period;
They did not acknowledge the loss of their right of withdrawal when granting their consent; or
The company failed to confirm this declaration by the consumer.
If the consumer uses their right of withdrawal, all supplementary contracts will terminate by operation of law.

Article 9 - Obligations of the company in the event of withdrawal

If the company enables the consumer to electronically notify their withdrawal, it will immediately send a confirmation of receipt upon receiving this notification.
The company will immediately, and at least within 14 days following the day on which the consumer gave notification of their withdrawal, reimburse all payments to the consumer, including any delivery costs charged by the company for the return of the product. Unless the company offers to collect the product, it may delay repayment until it has received the product or until the consumer demonstrates that they have returned the product, whichever occurs first.
The company will make the refund by the same method of payment used by the consumer, unless the consumer agrees to use a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest, standard delivery, the company does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion from the right of withdrawal

The company may exclude the following products and services from the right of withdrawal, but only if the company has clearly indicated this with the offer, or at least in good time prior to concluding the contract:

Products or services whose price is linked to variations on the financial market that the company is unable to influence and which may occur during the withdrawal period.
Contracts that are concluded during a public auction. A public auction is defined as a sales method in which the company offers products, digital content and/or services to the consumer who is present in person or has the opportunity to be present in person at the auction that is conducted by an auctioneer, and where the successful bidder is under the obligation to purchase the products, digital content and/or services;
Service contracts, following the full performance of the service, but only if:
The performance started with the express prior agreement of the consumer; and
The consumer has declared that they will lose their right of withdrawal once the company has fully performed the contract;
Sealed products that are not suitable for returning due to health protection or hygiene reasons and whose seal has been broken following delivery;
Products that owing to their nature become unavoidably mixed with other products following delivery;
Alcoholic drinks whose price was agreed when concluding the contract but which can only be delivered after 30 days and whose actual value depends on market fluctuations upon which the company has no influence; and
The consumer has declared that they will lose their right of withdrawal.

Article 11 - The price

During the period of validity stated in the offer the prices of products and/or services on offer will not be increased, except where price alterations result from changes in VAT rates.
Contrary to the previous sub clause, the company may offer products or services whose prices are linked to fluctuations on the financial market and upon which the company has no influence by using variable prices. The offer will state this link to fluctuating prices and the fact that any stated prices are for guidance purposes.
Price increases within 3 months of the formation of the contract are solely permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the formation of the contract are only permitted if stipulated by the company and:
They are the result of statutory regulations or provisions; or
The consumer has the power to rescind the contract on the day that the price increase enters effect.
The products or services stated in the offer include VAT.

Article 12 - VAT / excise duties

If a customer/recipient is staying or residing outside of The Netherlands, he or she is responsible at any time to pay the VAT, excise duties, and import duties in the country he or she is receiving the delivery.

Article 13 - Compliance with the contract and extra guarantee

The company warrants that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations that exist on the date of the formation of the contract. If agreed, the company also warrants that the product is suitable for purposes other than normal use.
An additional guarantee issued by the company, its supplier, manufacturer or importer does not limit the statutory rights and claims that the consumer may make vis-à-vis the company under the company if the company has failed to observe its side of the agreement.
An additional guarantee is defined as any obligation by the company, its supplier, importer or manufacturer that grants specific rights or claims to the consumer beyond those which it is under a legal obligation to provide in the event that it fails to observe its side of the agreement.

Article 14 - Delivery and performance

The company will take the greatest possible care when receiving and processing product orders and when evaluating requests to supply services.
The place of delivery is deemed to be the address that the consumer has informed the company.
In accordance with the respective provisions of article 4 of these general terms and conditions, the company will process orders it accepts with the requisite speed and within 30 days, unless an alternative delivery period has been agreed. If the delivery is subject to delays, or if an order cannot be delivered or only part of the order can be delivered, the consumer will be notified within 30 days of having placed the order. In such an event, the consumer has the right to terminate the agreement at no cost and has the right to compensation where applicable.
Following the termination of the agreement in accordance with the previous sub clause, the company will immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products lies with the company until the moment of delivery to the consumer or to a designated representative who has been indicated to the company in advance, unless specifically agreed otherwise.

Article 15 -Continuing performance contracts: duration, termination and extension

Termination:

The consumer may at all times terminate a contract concluded for an indefinite period for the regular supply of products (including electricity) or services, with due observance of the termination rules agreed in this regard and a notice period of up to one month.
The consumer may at all times terminate a contract concluded for a definite period for the regular supply of products (including electricity) or services at the end of the definite period with due observance of the termination rules agreed in this regard and a notice period of up to one month.
With regard to the contracts stated in the previous sub clauses, the consumer may:

at all times terminate the contract and is not restricted to termination on a set date or in a specific period;
terminate the contract at least in the same manner as they concluded the contract;
always terminate the contract with the same termination period as the company stipulated for itself.

Article 16 - Payment

Unless specified elsewhere in the contract or supplementary conditions, the consumer should settle any amounts due within 14 days of the commencement of the cooling-off period, or in the absence of a cooling-off period, within 14 days of concluding the contract. In the event of a contract for the provision of a service, this period commences on the day following the day on which the consumer received confirmation of the contract.
If products are sold to consumers, the consumer should not be under any obligation in the general terms and conditions to make an advance payment of greater than 50%. Where an advance payment is stipulated, the consumer may not enforce any right concerning the performance of the respective order or service(s) before the stipulated advance payment has been made.
The consumer is under the obligation to immediately report any inaccuracies in the payment details it has provided or stated.
If the consumer does not meet its payment obligation(s) in good time, if payment is still not forthcoming after its attention has been drawn to the late payment and the company has granted the consumer a 14-day period to meet its payment obligations, the consumer will be liable for the payment of statutory interest on the outstanding amount and the company is entitled to charge for any extra-judicial collection costs it has incurred. The maximum amounts for these collection costs are as follows: 15% of outstanding amounts up to €2,500; 10% of the following €2,500, and 5% of the following €5,000, and a minimum of €40. The company may derogate from the aforementioned amounts and percentages in favor of the consumer.

Article 17 -Complaints procedure

The company has a well-publicized complaints procedure in place and deals with complaints in accordance with this complaints procedure.
Complaints about the performance of the contract should be fully and clearly described and submitted to the company within a reasonable time after the consumer has discovered the defects.
The company will respond to any submitted complaints within 14 days of the date of receipt. If the complaint requires a foreseeable longer processing time, the company will reply with a message confirming receipt within the 14-day period and indicate when the consumer may expect a more detailed response.
The consumer should in any event allow the company a period of 4 weeks solve the complaint in joint consultation. After this period, a dispute will arise that is subject to the dispute settlement rules.

Article 18 - Disputes

Dutch law and the court of Amsterdam applies exclusively to agreements between the company and the consumer that are related to these general terms and conditions.

Article 19 - Supplementary or contrary provisions

Provisions that are supplementary or contrary to these general terms and conditions should not disadvantage the consumer and should be set out in writing or in such a manner that they can be stored by the consumer in an accessible manner on a permanent data carrier.

Article 20 - Data Protection and Privacy (GDPR Compliance)

20.1 Personal Data Processing
The company processes personal data in accordance with Regulation (EU) 2016/679 (General Data Protection Regulation) and the Dutch Implementation Act GDPR (Uitvoeringswet AVG). In this context:

a) The company acts as the data controller for all personal data collected through the website and during transactions; b) Personal data is processed lawfully, fairly, and transparently; c) Data collection is limited to specified, explicit, and legitimate purposes as detailed in our Privacy Policy; d) Processing is limited to what is necessary in relation to these purposes.

20.2 Legal Basis for Processing
The company processes personal data on the following legal grounds: a) Performance of the contract (Article 6(1)(b) GDPR) for processing necessary to fulfill orders and provide services; b) Legal obligation (Article 6(1)(c) GDPR) for processing required by law, including age verification and tax administration; c) Legitimate interests (Article 6(1)(f) GDPR) for marketing purposes, subject to the right to object; d) Consent (Article 6(1)(a) GDPR) for optional processing activities.

20.3 Data Subject Rights
Consumers have the following rights regarding their personal data: a) Right to access their personal data; b) Right to rectification of inaccurate data; c) Right to erasure ('right to be forgotten'); d) Right to restriction of processing; e) Right to data portability; f) Right to object to processing based on legitimate interests; g) Right to withdraw consent at any time.

20.4 Data Retention
Personal data is retained only for as long as necessary for the purposes for which it is processed, or as required by applicable law, whichever is longer.

Article 21 - Intellectual Property Rights

21.1 All content on the website www.all-wines.com, including but not limited to text, graphics, logos, images, photographs, product descriptions, website design, and software, is the exclusive property of All Wines B.V. or its licensors and is protected by Dutch and international intellectual property laws.

21.2 All product images, including bottle photographs, label designs, and packaging imagery, are protected by copyright and may not be reproduced, distributed, or used in any manner without the express written permission of All Wines B.V. or the respective rights holders.

21.3 Users are expressly prohibited from: a) Copying, reproducing, or downloading product images except for personal, non-commercial use; b) Modifying, adapting, or altering any product images; c) Removing, obscuring, or altering any copyright notices or watermarks; d) Using product images in a manner that suggests endorsement or affiliation with any other business; e) Incorporating product images into any other website, marketplace, or platform.

Annex I: Standard withdrawal form

(Only complete and return this form if you wish to withdraw from the contract)

To: All Wines B.V.

Herengracht 520

1017 CC Amsterdam

wines@all-wines.com

I/We* am/are* writing to inform you that I/we* am/are withdrawing from our contract concerning the sale of the following products: [details of product]* the supply of the following digital content: [details of digital content]*the performance of the following service: [details of service]*