Terms & Conditions

Table of Contents:

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - The Price
Article 10 - Conformity and Guarantee
Article 11 - Delivery and Execution
Article 12 - Duration Transactions: Duration, Termination, and Extension
Article 13 - Payment
Article 14 - Complaints Procedure
Article 15 - Disputes
Article 16 - Additional or Deviating Provisions

Article 1 - Definitions

In these terms and conditions, the following terms are understood to mean:

• Cooling-off period: The period within which the consumer can exercise their right of withdrawal;
• Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance agreement with the entrepreneur;
• Day: Calendar day;
• Duration Transaction: A distance agreement concerning a series of products and/or services, where the delivery and/or purchase obligation is spread over time;
• Durable medium: Any means that allows the consumer or entrepreneur to store information directed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information;
• Right of Withdrawal: The option for the consumer to cancel the distance agreement within the cooling-off period;
• Model form: The model withdrawal form provided by the entrepreneur, which the consumer can fill out if they wish to exercise their right of withdrawal;
• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance;
• Distance Agreement: An agreement in the context of a system organized by the entrepreneur for the distance sale of products and/or services, where the agreement is concluded using one or more remote communication techniques up until the conclusion of the agreement;
• Remote communication technique: A means that can be used for concluding an agreement without the consumer and the entrepreneur being simultaneously in the same location;
• General Terms and Conditions: These terms and conditions of the entrepreneur.

Article 2 - Identity of the Entrepreneur

Bourgognewijn.shop is part of Burgundy or Nowhere.

Address: Westeinde 18, 7852 TB Wezup
Email: info@burgundyornowhere.com
Chamber of Commerce number: 89030354
VAT number: NL004685744B97

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance agreement and orders concluded 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 not reasonably possible, it will be indicated before the distance agreement is concluded that the general terms and conditions can be consulted at the entrepreneur’s premises, and they will be sent free of charge to the consumer upon request.
If the distance agreement is concluded electronically, the text of these general terms and conditions can, contrary to the previous paragraph, be made available to the consumer electronically before the distance agreement is concluded 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 agreement is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge either electronically or otherwise upon the consumer’s request.
In case there are specific product or service terms and conditions in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the applicable provision that is most favorable to them in case of conflicting terms.
If one or more provisions of these general terms and conditions are found to be wholly or partially void or invalid, the agreement and these conditions will remain in effect in all other respects, and the relevant provision will be replaced by mutual agreement by a provision that most closely resembles the original intention.
Situations not covered by these general terms and conditions should be assessed ‘in the spirit’ of these general terms and conditions.
Ambiguities regarding the interpretation or content of one or more provisions of our terms should 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 has the right to change and adjust the offer.
The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to enable the consumer to make an informed decision about the offer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot be the basis 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 the information necessary for the consumer to understand what rights and obligations are associated with accepting the offer. This includes, in particular:

• the price including taxes;
• any shipping costs;
• the method by which the agreement will be concluded and what actions are required;
• whether or not the right of withdrawal applies;
• the payment, delivery, and execution methods for the agreement;
• the period within which the offer can be accepted, or the period during which the entrepreneur guarantees the price;
• the communication fee for remote communication if the cost of using the communication technique is calculated on a basis other than the standard rate for the communication method;
• whether the agreement will be archived after conclusion, and if so, how the consumer can access it;
• how the consumer can verify and, if necessary, correct the information provided before concluding the agreement;
• any other languages in which the agreement can be concluded, in addition to Dutch;
• the codes of conduct to which the entrepreneur is subject and how the consumer can access these codes electronically; and
• the minimum duration of the distance agreement in the case of a duration transaction.

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 out therein.
If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of the offer acceptance promptly via electronic means. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may cancel the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transmission of data and provide a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
The entrepreneur may, within legal limits, inform themselves whether the consumer can meet their payment obligations, as well as any facts or factors that are relevant for responsibly entering into the distance agreement. If the entrepreneur has reasonable grounds based on this inquiry not to conclude the agreement, they are entitled to refuse the order or request, or attach special conditions to the execution.
The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer on a durable medium: a. the address of the entrepreneur’s establishment where the consumer can address complaints; b. the conditions and 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 on warranties and existing after-purchase service; d. the details mentioned in Article 4, paragraph 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for canceling 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.
Each agreement is concluded under the suspensive condition of the sufficient availability of the respective products.

Article 6 - Right of Withdrawal

For the delivery of products:

When purchasing products, the consumer has the possibility to dissolve the agreement without stating a reason within 14 days. This cooling-off period begins the day after the consumer receives the product or a representative designated by the consumer and notified to the entrepreneur.
During the cooling-off period, the consumer must handle the product and its packaging with care. They may unpack or use the product only to the extent necessary to assess whether they wish to keep the product. If the consumer uses the right of withdrawal, they will return the product with 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.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receiving the product. This notification should be made using the model form. After the consumer has informed the entrepreneur of their wish to exercise the right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, such as a proof of shipment.
If the consumer has not communicated their intention to exercise the right of withdrawal or has not returned the product after the periods mentioned in paragraphs 2 and 3, the sale is deemed final.

For the delivery of services:

In the case of services, the consumer has the possibility to dissolve the agreement without stating a reason within at least 14 days, starting from the day the agreement is concluded.
To use the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest at the time of delivery.

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they are only responsible for the direct costs of returning the product.
If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the product has been received by the entrepreneur or conclusive proof of its return has been provided.

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer’s right of withdrawal for specific products or services as outlined in paragraphs 2 and 3. Such exclusions are only valid if the entrepreneur has clearly stated this in the offer or before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:
a. that have been manufactured according to the consumer’s specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that are subject to rapid deterioration or obsolescence;
e. for which the price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
f. that consist of newspapers and magazines;
g. that involve audio and video recordings or computer software of which the seal has been broken by the consumer;
h. that involve hygienic products where the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:
a. related to lodging, transport, restaurant business, or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has begun with the consumer’s explicit consent before the reflection period has expired;
c. related to 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 due to changes in VAT rates.
In deviation from the previous clause, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and are beyond the entrepreneur’s control at variable prices. This dependence on fluctuations and the fact that listed prices are guide prices will be stated in the offer.
Price increases within three months of concluding the agreement are only allowed if they result from statutory regulations or provisions.
Price increases after three months of concluding the agreement are only allowed if the entrepreneur has stipulated this and:
a. they are due to statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement effective from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing statutory provisions and/or government regulations at the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims the consumer may assert under the agreement against the entrepreneur.
Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. Returned products must be in their original packaging and in new condition.
The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:

• The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
• The delivered products have been exposed to abnormal conditions or have been otherwise handled carelessly or contrary to the entrepreneur's instructions and/or instructions on the packaging;
• The defect is wholly or partly due to regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but no later than 30 days unless a longer delivery period has been agreed upon with the consumer. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge and the right to possible compensation.
In the event of dissolution in accordance with the previous paragraph, 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 product proves impossible, the entrepreneur will make an effort to provide a replacement item. The fact that a replacement item is being delivered will be stated clearly and comprehensibly at the latest at the time of delivery. For replacement items, the right of withdrawal cannot be excluded. The costs of any 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 pre-designated representative announced to the entrepreneur unless expressly agreed otherwise.

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

Termination

• The consumer may terminate an agreement entered into for an indefinite period, which extends to the regular delivery of products (including electricity) or services, at any time, subject to agreed termination rules and a notice period of no more than one month.
• The consumer may terminate an agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
• The consumer may terminate the agreements referred to in the previous paragraphs:
  a. at any time and not be restricted to termination at a specific time or in a specific period;
  b. at least terminate in the same manner as the agreement was entered into;
  c. always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

• An agreement entered into for a definite period, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period.
• In deviation from the previous paragraph, an agreement entered into for a definite period, which extends to the regular delivery of daily, news, and weekly newspapers and magazines, may be tacitly extended for a definite period of no more than 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 entered into for a definite period, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer may terminate 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 extends to the regular but less than monthly delivery of daily, news, and weekly newspapers and magazines.
• An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and ends automatically after 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 reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 - Payment

• Unless otherwise agreed, amounts due by the consumer must be paid within seven working days after the start of the reflection period as referred to in Article 6(1). In the case of an agreement to provide a service, this period begins after the consumer has received confirmation of the agreement.
• The consumer has the duty to immediately report inaccuracies in payment data provided or stated to the entrepreneur.
• In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints Procedure

• The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
• Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within seven 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 longer processing time, the entrepreneur will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
• If the complaint cannot be resolved by mutual agreement, it becomes a dispute subject to the dispute resolution procedure.
• Consumers can contact Stichting WebwinkelKeur (www.webwinkelkeur.nl) for mediation. If this does not resolve the issue, the consumer may submit the complaint to Stichting GeschilOnline, whose decision is binding for both entrepreneur and consumer. Costs of submitting a dispute must be borne by the consumer.
• A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.
• If the complaint is justified, the entrepreneur will replace or repair the delivered products free of charge at their discretion.

Article 15 - Disputes

• Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
• The Vienna Sales Convention does not apply.

Article 16 - Additional or Deviating Provisions

Additional provisions or provisions deviating 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.