GENERAL TERMS AND CONDITIONS VERBOND 

 

Definitions

1.   Verbond: Verbond Genever, established in Delft, Chamber of Commerce no. 77049756.

2.   Customer: the person with whom Verbond has entered into an agreement.

3.   Parties: Verbond and customer together.

4.   Consumer: a customer who is an individual acting for private purposes.

 

Applicability

1.   These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of Verbond.  

2.   Parties can only deviate from these conditions if they have explicitly agreed upon in writing.

3.   The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.

 

Prices

1.   All prices used by Verbond are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.

2.   Verbond is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time. 

3.   Increases in the cost prices of products or parts thereof, which Verbond could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 

4.   The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.

   

Samples / models 

 

If the customer has received a sample or model of a product, he can not derive any rights from this other than that it is an indication of the nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.

 

 

Payments and payment term

 

Products are immediately paid for in the store.

 

 

Consequences of late payment

1.   If the customer does not pay within the agreed term, Verbond is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.

2.   When the customer is in default, he is also due to extrajudicial collection costs and may be obliged to pay any compensation to Verbond. 

3.   The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs. 

4.   If the customer does not pay on time, Verbond may suspend its obligations until the customer has met his payment obligation. 

5.   In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Verbond on the customer are immediately due and payable. 

6.   If the customer refuses to cooperate with the performance of the agreement by Verbond, he is still obliged to pay the agreed price to Verbond. 

 

Right of recovery of goods 

1.   As soon as the customer is in default, Verbond is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.

2.   Verbond invokes the right of recovery by means of a written or electronic announcement.

3.   As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Verbond, unless the parties agree to make other arrangements about this. 

4.   The costs for the collection or return of the products are at the expense of the customer.

  

Right of cancellation 

1.   A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that

·        the product has not been used

·        it is not a product that can spoil quickly, like food or flowers

·        the product is not specially tailored for the consumer or adapted to its special needs

·        it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)

·        the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)

·        the product is not a (holiday)trip, a transportation ticket, a catering order or a form of leisure activity,

·        the product is not a separate magazine or a loose newspaper

·        the purchase does not concern an (assignment to) urgent repair

·        the consumer has not renounced his right of cancellation

2.                The reflection period of 14 days as referred to in paragraph 1 commences:

·   on the day after the consumer has received the last product or part of 1 order

·   as soon as the consumer has received the first the product of a subscription

·   as soon as the consumer has purchased a service for the first time

·   as soon as the consumer has confirmed the purchase of digital content via the internet

3.                The consumer can notify his right of cancellation via cheers@verbondgenever.com, if desired by using the withdrawal form that can be downloaded via the website of Verbond, www.verbondgenever.com.

4.                The consumer is obliged to return the product to Verbond within 14 days after the notification of his right of cancellation, after which period his right of cancellation will lapse. 

5.                The costs for return are due Verbond if the complete order is returned.

6.                If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law, Verbond will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal, provided that the consumer has returned the product to Verbond in time.

 

Suspension of obligations by the customer

 

The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

 

 

Right of retention 

1.   Verbond can appeal to his right of retention of title and in that case retain the products sold by Verbond to the customer until the customer has paid all outstanding invoices with regard to Verbond, unless the customer has provided sufficient security for these payments. 

2.   The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to Verbond.

3.   Verbond is never liable for any damage that the customer may suffer as a result of using his right of retention of title.

 

Settlement 

 

The customer waives his right to settle any debt to Verbond with any claim on Verbond. 

 

 

Retention of title 

1.   Verbond remains the owner of all delivered products until the customer has fully complied with all its payment obligations with regard to Verbond under whatever agreement with Verbond including of claims regarding the shortcomings in the performance.

2.   Until then, Verbond can invoke its retention of title and take back the goods. 

3.   Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products. 

4.   If Verbond invokes its retention of title, the agreement will be dissolved and Verbond has the right to claim compensation, lost profits and interest.

  

Delivery 

1.   Delivery takes place while stocks last.

2.   Delivery takes place at Verbond unless the parties have agreed upon otherwise.

3.   Delivery of products ordered online takes place at the address indicated by the customer. 

4.   If the agreed price is not paid on time, Verbond has the right to suspend its obligations until the agreed price is fully paid. 

5.   In the event of late payment, the customer is automatically in default, and hereby he can not object to late delivery by Verbond.

 

Delivery period

1.   Any delivery period specified by Verbond is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.

2.   The delivery starts once the customer has fully completed the (electronic) ordering process and received an (electronic) confirmation of his order from Verbond. 

3.   Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless Verbond cannot deliver within [number of days late] or if the parties have agreed upon otherwise.

  

Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in time.

 

 

Transport costs 

 

Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.

 

 

Packaging and shipping 

1.   If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product. In the absence of which Verbond may not be held liable for any damage.

2.   If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the transport to Verbond, failing which Verbond cannot be held liable for any damage. 

 

Insurance

 

Storage 

1.   If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.

2.   Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.

 

Guarantee

1.   The warranty relating to products only applies to defects caused by faulty manufacture, construction or material. 

2.   The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.

3.   The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.  

 

Exchange

1.   Exchange is only possible if the following conditions are met:

·        exchange takes place within 14 days after purchase upon presentation of the original invoice

·        the product is returned in the original packaging or with the original (price) tags still attached to it 

·        the product has not been used

2.                Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer   cannot be exchanged.

Indemnity

 

The customer indemnifies Verbond against all third-party claims that are related to the products and/or services supplied by Verbond. 

 

Complaints

1.   The customer must examine a product or service provided by Verbond as soon as possible for possible shortcomings.

2.   If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform Verbond of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings. 

3.   Consumers must inform Verbond of this within two months after detection of the shortcomings.

4.   The customer gives a detailed description as possible of the shortcomings, so that Verbond is able to respond adequately. 

5.   The customer must demonstrate that the complaint relates to an agreement between the parties.

6.   If a complaint relates to ongoing work, this can in any case not lead to Verbond being forced to perform other work than has been agreed. 

  

Giving notice

1.   The customer must provide any notice of default to Verbond in writing.

2.   It is the responsibility of the customer that a notice of default actually reaches Verbond (in time). 

 

Joint and several Client liabilities

 

If Verbond enters into an agreement with several customers, each of them shall be jointly and severally liable for the full amounts due to Verbond under that agreement. 

 

 

Liability of Verbond

1.   Verbond is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence.  

2.   If Verbond is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement.

3.   Verbond is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.

4.   If Verbond is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.

5.   All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and can not lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

 

Expiry period

 

Every right of the customer to compensation from Verbond shall, in any case, expire within 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.

 

 

Dissolution

1.   The customer has the right to dissolve the agreement if Verbond imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance. 

2.   If the fulfillment of the obligations by Verbond is not permanent or temporarily impossible, dissolution can only take place after Verbond is in default. 

3.   Verbond has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if circumstances give Verbond good grounds to fear that the customer will not be able to fulfill his obligations properly. 

 

Force majeure

1.   In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Verbond in the fulfillment of any obligation to the customer cannot be attributed to Verbond in any situation independent of the will of Verbond, when the fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot reasonably be required from Verbond . 

2.   The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages. 

3.   If a situation of force majeure arises as a result of which Verbond cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Verbond can comply with it. 

4.   From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part. 

5.   Verbond does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.

 

Changes in the general terms and conditions

1.   Verbond is entitled to amend or supplement these general terms and conditions. 

2.   Changes of minor importance can be made at any time. 

3.   Major changes in content will be discussed by Verbond with the customer in advance as much as possible.

4.   Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

 

Transfer of rights

1.   The customer can not transfer its rights deferring from an agreement with Verbond to third parties without the prior written consent of Verbond . 

2.   This provision applies as a clause with a property law effect as referred to in Section 3:83 (2) Dutch Civil Code. 

 

Consequences of nullity or annullability

1.   If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions. 

2.   A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Verbond had in mind when drafting the conditions on that issue.

 

Applicable law and competent court

1.   Dutch law is exclusively applicable to all agreements between the parties. 

2.   The Dutch court in the district where Verbond is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.




 
                                                                                                                              PRIVACY POLICY


Verbond Genever respects the privacy of the visitors to its website, in particular the rights of visitors with regard to the automated processing of personal data. Because of complete transparency with our customers, we have therefore formulated and implemented a policy with regard to these processing operations themselves, their purpose as well as the possibilities for those involved to exercise their rights as well as possible.  

For all additional information about the protection of personal data, please visit the website of the Dutch Data Protection Authority: https://autoriteitpersoonsgegevens.nl/nl .

Until you accept the use of cookies and other tracking systems on the website, we will not place non-anonymised analytical cookies and / or tracking cookies on your computer, mobile phone or tablet.

By continuing to visit this website you accept the following terms of use. 

The current version of the privacy policy available on the website is the only version that applies as long as you visit the website, until a new version replaces the current version.

Article 1 – Legal provisions

1. Website www.verbondgenever.com (hereinafter also “The website”):

2. Responsible for the processing of personal data (hereinafter also “the Administrator”) .

Article 2 – Access to the website

Access to the website and use is strictly personal. You will not use this website or the data and information provided on it for commercial, political or advertising
purposes, or for any commercial offers, and in particular not for unsolicited electronic offers. 

Article 3 – The content of the website 

All brands, images, texts, comments, illustrations, (animation) images, video images, sounds, as well as all technical applications that can be used to make the website function and more generally all parts used on this site are protected by law by intellectual property rights. Any reproduction, repetition, use or adaptation, in any way whatsoever, of the whole or only part thereof, including the technical applications, without the prior written permission of the controller, is strictly prohibited. If the administrator does not immediately take action against any infringement, this cannot be understood as tacit consent or the waiver of legal action.

Article 4 – The management of the website

For the proper management of the website, the administrator can at any time:

•             suspend, interrupt or limit access to a certain category of visitors to all or part of the website

•             remove all information that may disrupt the functioning of the website or is contrary to national or international law or is contrary to internet etiquette

•             make the website temporarily unavailable in order to perform updates

Article 5 – Responsibilities

The administrator is in no way responsible for failures, malfunctions, difficulties or interruptions in the functioning of the website, as a result of which the
website or one of its functionalities is not accessible. The way in which you connect to the website is your own responsibility. You must take all appropriate measures yourself to protect your equipment and your data against virus attacks on the internet, among other things. You are also responsible for the websites and information that you consult on the internet.

The administrator is not liable for legal proceedings against you:

•             because of the use of the website or services accessible via the internet

•             for violating the terms of this privacy policy

The administrator is not responsible for any damage you incur yourself or third parties or your equipment as a result of your connection to or use of the
website. You will refrain from any action against the administrator as a result.

If the administrator becomes involved in a dispute as a result of your use of this website, he is entitled to recover from you any damage that he suffers and will
suffer as a result.

Article 6 – Collection of data

Your data is collected by . Personal data is understood to mean: all information about an identified or identifiable natural person; an identifiable person is a natural
person who can be identified, directly or indirectly, in particular by means of an identifier such as a name, an identification number, location data, an
online identifier or one or more elements characteristic of the physical, physiological, genetic , psychological, economic, cultural or social identity. 

The personal data collected on the website is mainly used by the administrator for maintaining relationships with you and, if necessary, for processing your orders. 

Article 7 – Your rights with regard to your data

Pursuant to Article 13 paragraph 2 sub b GDPR, everyone has the right to inspect and rectify or erase his personal data or limit the processing concerning him, as
well as the right to object to the processing and the right to data portability. You can exercise these rights by contacting us at . 

Any request to do so must be accompanied by a copy of a valid proof of identity, on which you have signed and stating the address at which you can be contacted. You will receive a reply to your request within 1 month of the submitted request. Depending on the complexity of the requests and the number of requests, this
period can be extended by 2 months if necessary.

Article 8 – Processing of personal data

In case of violation of any law or regulation, of which the visitor is suspected and for which the authorities require personal data collected by the administrator,
these will be provided to them after an explicit and motivated request from those authorities, after which these personal data will no longer be are protected by the provisions of this privacy statement.

If certain information is necessary to gain access to certain functionalities of the website, the controller will indicate the mandatory nature of this information at the time of requesting the data.

Article 9 – Commercial offers

You may receive commercial offers from the administrator. If you wish to receive it (anymore), please send an email to the following address: .

If you come across any personal data while visiting the website, you must refrain from collecting it or from any other unauthorized use as well as from any act that
violates the privacy of those person (s). The manager is in no way responsible in the above situations.

Article 10 – Data retention period

The data collected by the website operator is used and stored for the duration as determined by law.

Article 11 – Cookies

1. A cookie is a small text file that is placed on the hard drive of your computer when you visit our website . A cookie contains data so that you can be recognized as a visitor every time you visit our website . It is then possible to set up our website specifically for you and to make logging in easier.      

2. We use the following types of cookies on our website:

– Functional cookies: such as session and login cookies for storing session and login information.

– Anonymized Analytical cookies: to view visits to our website based on information about visitor numbers, popular pages and topics. In this way we can
better tailor communication and information provision to the needs of visitors to our website. We cannot see who visits our websites or from which PC the visit takes place. 

3. More specifically, we use the following cookies: – No other cookies

4. When you visit our website, cookies from the controller and / or third parties may be installed on your equipment.

5. For more information about the use, management and deletion of cookies for each control type, we invite you to consult the following link:
https://autoriteitpersoonsgegevens.nl/nl/onderwerpen/internet-telefoon-tv-en-post/cookies#faq

Article 12 – Visual material and products offered

No rights can be derived from the images belonging to the products offered on the website.

Article 13 – Applicable law

Dutch law applies to these conditions. The court of the administrator has exclusive jurisdiction in any disputes regarding these conditions, except when a legal exception applies.  

Article 14 – Contact

You can turn to for questions, product information or information on the website itself: www.verbondgenever.com.

 

 Drawn up on 19 november 2020. 

 

 

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