Terms of service

GENERAL TERMS AND CONDITIONS Wijnhandel Alexander

Article 1

Wijnhandel Alexander sells only to persons aged 18 years and over. By accepting these General Terms and Conditions, the person placing an order declares to be at least 18 years of age.

Article 2 – Definitions

In these terms and conditions the following definitions apply:

Wijnhandel Alexander: the natural or legal person who offers products and/or services to customers at a distance;
Customer: the natural person, whether or not acting in the exercise of a profession or business, who enters into a distance contract with Wijnhandel Alexander;
Distance contract: a contract whereby, within the framework of a webshop organised by Wijnhandel Alexander for the distance selling of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;
Means of distance communication: a means that can be used to conclude a contract without the consumer and the trader being together in the same place at the same time;
Cooling-off period: the period within which the consumer can exercise the right of withdrawal;
Right of withdrawal: the possibility for the consumer to cancel the distance contract within the cooling-off period;
Day: calendar day;
Durable medium: any means that enables the consumer or trader to store information addressed to him personally in a way that allows future consultation and unchanged reproduction of the stored information.

Article 3 - Identity of Wijnhandel Alexander

Website: www.wijnhandelalexander.nl
Trading under the name: Wijnhandel Alexander
Registered address: Akkerdistel 35, 3068 NA Rotterdam, the Netherlands
Visiting address (by appointment only): Fascinatio Boulevard 708, 2909 VA Capelle aan den IJssel, the Netherlands
Phone number: +31 6 11955149
Call or WhatsApp: Monday to Saturday from 17:00 to 21:00
E-mail: hallo@wijnhandelalexander.nl
Chamber of Commerce (KvK) number: 61916412
VAT identification number: NL001423242B36

Article 4 – Applicability

These general terms and conditions apply to every contract concluded via this website between Wijnhandel Alexander and the customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at Wijnhandel Alexander and that they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. 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, electronically or otherwise, at the consumer's request.
If specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer may always invoke the applicable provision that is most favourable to him.

Article 5 - The offer

All offers from Wijnhandel Alexander are without obligation. Wijnhandel Alexander expressly reserves the right to change prices, in particular when this is necessary on the basis of statutory regulations. Wijnhandel Alexander endeavours to provide information as completely as possible; however, Wijnhandel Alexander accepts no liability for incomplete and/or incorrect information, unless there is intent or gross negligence.
If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. Images used by Wijnhandel Alexander are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer are not binding on Wijnhandel Alexander.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
- the price including taxes;
- any delivery costs;
- the manner in which the contract will be concluded and which actions are required for this;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or performance of the contract;
- the period for accepting the offer, or the period during which the price is guaranteed;
- if the contract is archived after its conclusion, the manner in which the consumer can consult it;
- the manner in which the consumer, before concluding the contract, can identify actions he did not intend, and how he can correct these before the contract is concluded.
Deviations from these General Terms and Conditions are only possible in writing by Wijnhandel Alexander, in which case the remaining provisions remain fully in force.

Article 6 - The contract

Subject to the provisions of paragraph 4, the contract is concluded at the moment the consumer accepts the offer and meets the conditions set therein.
If the consumer has accepted the offer electronically, Wijnhandel Alexander will immediately confirm receipt of the acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may terminate the contract.
If the contract is concluded electronically, Wijnhandel Alexander will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, Wijnhandel Alexander will observe appropriate security measures to that end.
Wijnhandel Alexander may, within statutory frameworks, verify whether the consumer can meet his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, on the basis of this investigation, Wijnhandel Alexander has good grounds not to enter into the contract, it is entitled to refuse an order or request, stating reasons, or to attach special conditions to its performance.
Wijnhandel Alexander will send the following information with the product or service to the consumer, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
- a. the visiting address of Wijnhandel Alexander where the consumer can lodge complaints;
- b. 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;
- c. information about existing after-sales service and guarantees;
- d. the details included in Article 5 paragraph 4 of these terms and conditions, unless Wijnhandel Alexander has already provided these details to the consumer before the performance of the contract.

Article 7 - Right of withdrawal upon delivery of products

When purchasing products, the consumer has the right to terminate the contract without giving reasons within 14 days. This period commences on the day after receipt of the product by or on behalf of the consumer.
During this period the consumer will handle the delivered bottles and the packaging with care. Only unopened and undamaged bottles can be returned without giving reasons. If the consumer exercises the right of withdrawal, he will return the product with all delivered accessories, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader (Article 8).

Article 8 - Return procedure and instructions

Wijnhandel Alexander reserves the right to set requirements for the return procedure. The instructions to be followed are: - register the return by e-mail to bestelling@wijnhandelalexander.nl stating "return shipment". - you will receive a return code from us, which you must state on the package. - after receiving the return code, send the goods back in bottle shipping packaging within 14 working days to Wijnhandel Alexander, Fascinatio Boulevard 708, 2909 VA Capelle aan den IJssel. - Make sure the shipment carries sufficient postage; otherwise we cannot accept the return shipment. - The shipping costs of the return are entirely for the account of the sender and are not reimbursed by Wijnhandel Alexander. - Breakage during return shipment is the responsibility of the sender. - Damaged or opened bottles will not be reimbursed, with the exception of corked bottles (see Article 11 of these terms and conditions).

Article 9 - Costs in the event of withdrawal

If the consumer exercises the right of withdrawal, the costs of returning the goods are for his account.
If the consumer has already paid, Wijnhandel Alexander will refund the purchase amount, including the standard delivery costs, as soon as possible and no later than 14 days after the withdrawal. Wijnhandel Alexander may withhold the refund until the bottles have been received in good condition.

Article 10 - Exclusion of the right of withdrawal

The trader can only exclude the consumer's right of withdrawal if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- a. that have been produced by Wijnhandel Alexander in accordance with the customer's specifications;
- b. that are clearly personal in nature;
- c. that by their nature cannot be returned.
Exclusion of the right of withdrawal is only possible for services whose performance has begun with the express consent of the consumer before the cooling-off period has expired.

Article 11 - Corked wines

If a bottle is 'corked', it can always be returned; in that case the opened bottle will also be compensated. Wijnhandel Alexander undertakes to replace bottles with a cork problem, provided that the customer returns the faulty bottle (as full as possible) together with the original cork. You should therefore assess the wine for cork taint after opening. We will replace the wine with the same wine on sale at that time (this may be a different vintage). If replacement is not possible, we will refund the bottle.
To return corked bottles you must follow the return procedure (see Article 8 of these terms and conditions).

Article 12 - The price

Wijnhandel Alexander expressly reserves the right to change prices, in particular when this is necessary on the basis of statutory regulations. Wijnhandel Alexander endeavours to provide information as completely as possible; however, Wijnhandel Alexander accepts no liability for incomplete and/or incorrect information, unless there is intent or gross negligence.
If a certain period of validity is stated in the offer, the prices of the products and/or services offered will not be increased during that period, except for price changes resulting from changes in VAT rates.
The prices stated in the offer include VAT, unless expressly stated otherwise.

Article 13 - Conformity and Guarantee

Wijnhandel Alexander guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations existing on the date the contract was concluded.
Please check the products upon delivery. If something is not right, report it as soon as possible after discovery via hallo@wijnhandelalexander.nl. A report within 2 months of discovery is always on time.
A guarantee offered by Wijnhandel Alexander does not affect the rights and claims that the customer can assert under the law and/or the distance contract in respect of a failure by the trader to fulfil its obligations.

Article 14 - Delivery and performance

Delivery only takes place after approval of your order by Wijnhandel Alexander and receipt of your payment.
These delivery and performance conditions apply to all deliveries, both in the Netherlands (including the Wadden Islands) and in the rest of the European Union. For deliveries abroad, the rates and delivery times in Article 15 also apply.
Wijnhandel Alexander will exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the customer has provided. To avoid delays, please ensure that an adult is present at this address on the day of delivery.
Wijnhandel Alexander will execute accepted orders with due speed, but no later than within 14 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will be notified no later than one week after placing the order. In that case the consumer has the right to terminate the contract free of charge.
In the event of termination in accordance with the previous paragraph, Wijnhandel Alexander will refund the amount paid by the consumer as soon as possible, but no later than 14 days after termination.
If delivery of an ordered product proves impossible, Wijnhandel Alexander will endeavour to make a replacement item available. At the latest upon delivery, it will be stated clearly that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of return shipment are for the account of Wijnhandel Alexander.
The risk of damage and/or loss of products rests with Wijnhandel Alexander until the moment of delivery to the customer, unless expressly agreed otherwise.
Wijnhandel Alexander uses certified third parties for the delivery of your goods or delivers independently. The consumer cannot claim the choice of a particular delivery service.

Article 15 - Delivery abroad

We ship to all countries of the European Union. The shipping costs are always shown before checkout:
- Belgium, Germany and Luxembourg: 1-6 bottles € 17.95 · 7-12 bottles € 21.95 · 13-24 bottles € 39.95
- Other EU countries: 1-6 bottles € 24.95 · 7-12 bottles € 29.95 · 13-24 bottles € 54.95
- Larger orders: the rate is shown at checkout.
The delivery time abroad is usually 3 to 7 working days.

Article 16 - Delivery costs in the Netherlands

The shipping costs are always shown before checkout. For deliveries in the Netherlands the following rates apply, including VAT and sturdy packaging:
- 1 to 6 bottles: € 11.95
- 7 to 12 bottles: € 14.95
- 13 to 24 bottles: € 27.50
- Larger orders: the rate is shown at checkout.
Orders from € 150.00 including VAT are shipped free of charge, up to and including 12 bottles. Orders from € 300.00 including VAT are shipped free of charge, up to and including 24 bottles.
If an order is subsequently reduced to below the amount for free shipping, Wijnhandel Alexander may still charge the shipping costs.

Article 17 - Collecting the order

At checkout you can choose between two collection options:
- a. Collection at our visiting address: Fascinatio Boulevard 708, 2909 VA Capelle aan den IJssel. This is free of charge and by appointment only. We will contact you after your order to arrange a time.
- b. Collection at a PostNL pick-up point near you. The shipping costs in Article 16 apply. You will receive a message from PostNL as soon as your parcel is ready.
You must show ID when collecting. We and PostNL only hand over alcohol to persons aged 18 and over.

Article 18 - Packaging of wines

The costs of sturdy extra packaging for shipping bottles are included in the delivery costs.

Article 19 - Addressing

Costs arising from incorrect addressing are for the account of the customer.

Article 20 - Ordering procedure

Orders are confirmed by e-mail.
For items that are not in stock, you will hear within 5 working days when the item can be delivered.
After your order, you will be kept informed of every step by e-mail.
For the delivery of your order, Wijnhandel Alexander uses the services of third parties or its own delivery service. We ask you to sign for receipt. If you are not present at the delivery address at the time of delivery, the courier will leave a notification.

Article 21 - Payment

You pay securely at checkout. The available payment methods, such as iDEAL, are shown at checkout.
Business customers can order on account by arrangement. You will then receive an invoice with a payment link. The payment term is 14 days from the invoice date, unless agreed otherwise.
The customer must report inaccuracies in payment details provided or stated to Wijnhandel Alexander without delay.
Where payment in advance has been stipulated, the consumer cannot assert any right regarding the execution of the order before the stipulated advance payment has been made.
In the event of non-payment, Wijnhandel Alexander has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.

Article 22 - Force majeure

Without prejudice to its other rights, in the event of force majeure Wijnhandel Alexander has the right, at its own discretion, to suspend the execution of your order or to terminate the contract without judicial intervention, by informing you in writing or by e-mail, without being obliged to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
Force majeure means any failure that cannot be attributed to Wijnhandel Alexander because it is not due to its fault and is not for its account under the law, a legal act or generally accepted practice.

Article 23 - Liability

The total liability of Wijnhandel Alexander for an attributable failure in the performance of the contract is limited to compensation for direct damage up to a maximum of the price stipulated in the contract (excluding VAT).

Article 24 - Additional or deviating provisions

If Wijnhandel Alexander has permitted deviations from these General Terms and Conditions, whether or not tacitly, this does not affect its right to still demand immediate and strict compliance. You cannot derive any right from the fact that Wijnhandel Alexander applies these General Terms and Conditions leniently.
If one or more provisions of these General Terms and Conditions or any other agreement with Wijnhandel Alexander conflict with any applicable legal provision, the provision in question will lapse and be replaced by a new, legally permissible, comparable provision to be determined by Wijnhandel Alexander.
Provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 25 - Other provisions

Wijnhandel Alexander is entitled to use third parties in the execution of your order(s).
Wijnhandel Alexander delivers exclusively to persons aged at least 18 years. By accepting these General Terms and Conditions, the buyer confirms that he/she is at least 18 years of age and is entitled to purchase alcoholic beverages.

Article 26 - Complaints procedure

You can send complaints to hallo@wijnhandelalexander.nl. We will answer your complaint within 7 days of receipt. If a complaint requires more time, you will receive an acknowledgement within 7 days with an indication of when you can expect a more detailed answer.
Has breakage nevertheless occurred due to packaging or transport? Please report this as soon as possible, preferably within 48 hours of discovery, via bestelling@wijnhandelalexander.nl, with a photo of the damage. You can also call or WhatsApp +31 6 11955149, Monday to Saturday from 17:00 to 21:00. We will arrange a replacement or refund.
If we cannot resolve it together, you can also submit your complaint to Trusted Shops.

Article 27 - Disputes

All rights, obligations, offers, orders and agreements between Wijnhandel Alexander and the customer to which these general terms and conditions relate are governed by Dutch law.
If the consumer lives in another country of the European Union, he retains the protection offered to him by the mandatory legal provisions of his own country.
Disputes will be submitted to the competent court in the Netherlands. A consumer may also submit a dispute to the competent court in his own country of residence.