Terms of service

GENERAL TERMS AND CONDITIONS Wijnhandel Alexander

Article 1

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

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;
Customers: 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, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
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 his 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

Web address: www.wijnhandelalexander.nl
Trading under the name: Wijnhandel Alexander
Phone number: 06-11955149
Call or WhatsApp: Monday to Saturday from 17:00 to 21:00
E-mail address: 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.
In the event that 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 general terms and 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 you with information as completely as possible; however, Wijnhandel Alexander accepts no liability whatsoever 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. If Wijnhandel Alexander uses images, these 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 become aware of actions he did not intend, and the manner in which he can correct these before the contract is concluded;
Deviations from the provisions of these General Terms and Conditions are only possible in writing by Wijnhandel Alexander, in which case the remaining provisions of these General Terms and Conditions remain fully in force.

Article 6 - The contract

1. 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 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 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 – inform itself whether the consumer can meet his payment obligations, as well as of all those facts and factors that are relevant to a responsible conclusion of 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 the Wijnhandel Alexander establishment 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 4 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 option to terminate the contract without giving reasons for a period of 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 by the consumer without giving reasons. If he exercises his right of withdrawal, he will return the product with all delivered accessories and in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader (Article 7).

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 7 working days to Wijnhandel Alexander, Fascinatio Boulevard 708, 2909 VA, Capelle aan den IJssel. - Make sure the shipment is sufficiently stamped. If this is not the case, we cannot accept the return shipment. - The shipping costs are entirely for the account of the sender and are therefore 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 (further explanation in Article 11 of these terms and conditions).

Article 9 - Costs in the event of withdrawal

If the consumer exercises his right of withdrawal, the costs of returning the goods are for his account.
If the consumer has paid an amount and if the returned goods have been received in good condition and complete, Wijnhandel Alexander will refund the amount corresponding to the returned goods as soon as possible, but no later than 30 days after the return or withdrawal.

Article 10 - Exclusion of the right of withdrawal

If the consumer does not have a right of withdrawal, this can only be excluded by the trader 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:
1. that have been produced by Wijnhandel Alexander in accordance with the customer's specifications;
2. b. that are clearly personal in nature;
3. c. that by their nature cannot be returned;
Exclusion of the right of withdrawal is only possible for services:
1. 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 reimbursed. 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 first assess the wine for cork taint after opening. We will replace this wine with the same bottle that is on sale at that time (this may be a different vintage). We do not refund bottles.
To return corked bottles you must follow the return procedure (see return procedure, Article 7 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 you with information as completely as possible; however, Wijnhandel Alexander accepts no liability whatsoever 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, except for price changes as a result of changes in VAT rates.
The prices stated in the offer of products 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.
You are obliged to check upon delivery whether the products comply with the contract. If this is not the case, you must inform Wijnhandel Alexander as soon as possible – in any case within 5 working days – after delivery via hallo@wijnhandelalexander.nl
A guarantee arrangement offered by Wijnhandel Alexander does not affect the rights and claims that the customer can assert against the trader under the law and/or the distance contract in respect of a failure to fulfil the trader's obligations.

Article 14 - Delivery and performance

Delivery only takes place after approval of your order by Wijnhandel Alexander and receipt of your payment.
The conditions for delivery and performance apply only to addresses in the Netherlands (including the Wadden Islands). Additional delivery conditions apply to deliveries to foreign addresses. These can be requested from Wijnhandel Alexander and can be consulted at www. wijnhandelalexander.nl
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 in the Netherlands that the customer has made known to the company. To avoid delays, please ensure that an adult is present at this address on the day of delivery.
With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with due speed but no later than within 15 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 of this 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 15 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 in a clear and comprehensible manner 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 that we use.

Article 15 - International delivery

Different conditions apply to deliveries abroad than to deliveries to addresses in the Netherlands. For deliveries abroad, please contact Wijnhandel Alexander on 06-11955149 or hallo@wijnhandelalexander.nl.
As a general guideline for delivery abroad, we apply the carrier's current rates plus a surcharge of 10% on the shipping costs for extra packaging, and a delivery time in accordance with the carrier's current guidelines.

Article 16 - Delivery costs in the Netherlands

Wijnhandel Alexander charges a contribution to the delivery costs of € 10 including VAT, for the account of the consumer, for orders with an order value of up to € 125.00 including VAT.
No delivery costs are charged for orders with a higher order value.
If an original order is subsequently reduced to an amount below the threshold of € 125.00 including VAT, Wijnhandel Alexander reserves the right to charge the consumer shipping costs retroactively.

Article 17 - Collecting the order

During the ordering process on our website you can indicate that you will collect the order at a PostNL location
No delivery costs are charged for orders that are collected, subject to the conditions of Article 16 paragraph 1
At the time of collection you must provide proof of identity.

Article 18 - The packaging of wines

The costs of sturdy extra packaging for the shipment of bottles are included in the delivery costs.
When collecting wines at one of the PostNL locations, no extra packaging is provided free of charge.
When delivered by our own delivery service, no extra packaging is provided free of charge either.

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 our own delivery service. We ask you to sign for receipt. If you are not present at the specified delivery address at the time of delivery, the courier will leave a notification.

Article 21 - Payment

Payment can be made via iDeal or a PayPal transfer. You can also pay us with Rabo SmartPIN if the order is delivered by our own delivery service. For payment on account, you must first contact Wijnhandel Alexander. Other payment options are not possible.
The customer has the duty to report inaccuracies in payment details provided or stated to the trader without delay.
Where payment in advance has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
In the event of non-payment by the consumer, the trader has the right, subject to statutory limitations, to charge the reasonable costs made known to the consumer in advance.
When buying on account, unless agreed otherwise at a later date, the amounts owed by the customer must be paid within fourteen days after delivery of the goods or, in the case of a contract for the provision of a service, within 14 days after the documents relating to this contract have been issued.
When buying on account, in the sale of products to consumers, an advance payment of more than 50% may never be stipulated in general terms and conditions. Where payment in advance has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.

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 of this in writing or by e-mail, and without Wijnhandel Alexander 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 amount 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, for a short or longer period, this does not affect its right to still demand immediate and strict compliance with these General Terms and Conditions. You can never derive any right from the fact that Wijnhandel Alexander applies these General Terms and Conditions leniently.
If one or more of the provisions of these General Terms and Conditions or any other agreement with Wijnhandel Alexander should 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 they can be stored by the consumer 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 address your complaint to info@wijnhandelalexander.nl. Complaints submitted will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within the period of 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.
Should there nevertheless be breakage caused by packaging or transport, please let us know within 24 hours of discovery at bestelling@wijnhandelalexander.nl or call or WhatsApp 06-11955149 Monday to Saturday from 17:00 to 21:00
- hallo@wijnhandelalexander.nl
- Wijnhandel Alexander Rotterdam
- Chamber of Commerce (KvK) number: 61916412
- VAT identification number: NL001423242B36

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 exclusively by Dutch law.