Terms and Conditions
Introduction
Below you will find our General Terms and Conditions. These apply when you use our Website or place an order via our Website and contain important information for you as a buyer. We recommend that you read these General Terms and Conditions carefully. We also advise you to save or print these conditions so that you can consult them at a later time.
Definitions
1. Luxurious Drinks BV: established in Venlo and registered with the Chamber of Commerce under registration number 56593627, trading under the name Luxurious Drinks BV.
2. Website: the website of Luxurious Drinks BV, which can be consulted via www.luxuriousdrinks.com and all associated subdomains.
3. Customer: the natural person or legal entity, whether or not acting in the exercise of a profession or business, who enters into an Agreement with Luxurious Drinks BV and/or registers on the Website.
4. Agreement: any arrangement or agreement between Luxurious Drinks BV and the Customer, of which the General Terms and Conditions form an integral part.
5. General Terms and Conditions: these present General Terms and Conditions.
Age
The legal minimum age for alcoholic drinks is 18 years. We therefore do not deliver to people under the age of 18. Upon delivery, the recipient is legally obliged to verify this. If in doubt, the courier will ask for identification. If identification cannot be provided, the courier reserves the right not to deliver the order and we will charge you for shipping and return costs.
Always drink in moderation!
Applicability of General Terms and Conditions
1. These General Terms and Conditions apply to all offers, agreements and deliveries from Luxurious Drinks BV, unless expressly agreed otherwise in writing.
2. If the Customer includes provisions or conditions in his order, confirmation or communication with acceptance that deviate from or do not appear in these General Terms and Conditions, these are only binding for Luxurious Drinks BV if and insofar as they have been expressly accepted in writing by Luxurious Drinks BV.
3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, these conditions also apply. In the event of conflicting conditions, the Customer can rely on the provision that is most favorable to him.
Prices and information
1. All prices stated on the Website and in other materials of Luxurious Drinks BV are exclusive of VAT and, unless otherwise stated on the Website, other government levies.
2. Any shipping costs will be stated clearly and in a timely manner before concluding the Agreement and will also be displayed separately in the ordering process.
3. The content of the Website has been compiled with the greatest care. However, Luxurious Drinks BV cannot guarantee that all information on the website is correct and complete at all times. All prices and other information on the Website and in other materials of Luxurious Drinks BV are subject to obvious programming and typing errors.
4. Luxurious Drinks BV cannot be held responsible for (colour) deviations due to screen settings or unavailability of products due to reservations. In such cases a reservation takes priority.
Realization of the agreement
1. The Agreement is concluded when the Customer accepts the offer from Luxurious Drinks BV and meets the conditions set by Luxurious Drinks BV.
2. If the Customer has accepted the offer electronically, Luxurious Drinks BV will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
3. If it appears that the Customer has provided incorrect information upon acceptance or otherwise when entering into the Agreement, Luxurious Drinks BV has the right to only fulfill its obligations after the correct information has been received.
4. Luxurious Drinks BV can investigate, within the legal limits, whether the Customer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the Agreement. If Luxurious Drinks BV has valid reasons not to enter into the Agreement based on this investigation, it is entitled to refuse an order or request or to impose special conditions, such as advance payment.
Registration
1. In order to make optimal use of the Website, the Customer can register via the registration form or the account login option on the Website.
2. During the registration process, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
3. The Customer must keep his login details, consisting of username and password, strictly confidential. Luxurious Drinks BV is not liable for misuse of these login details and assumes that a Customer who registers on the Website is actually the Customer. All activities that occur through the Customer's account are the responsibility and risk of the Customer.
4. If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or inform Luxurious Drinks BV of this, so that Luxurious Drinks BV can take appropriate measures.
Execution of the Agreement
1. As soon as the order has been received by Luxurious Drinks BV, Luxurious Drinks BV will send the products as soon as possible, taking into account paragraph 3 of this Article.
2. Luxurious Drinks BV is entitled to engage third parties for the execution of the obligations arising from the Agreement.
3. The standard delivery time is in principle 3-5 working days. The method of delivery can take place in different ways, at the discretion of Luxurious Drinks BV.
4. If Luxurious Drinks BV cannot deliver the products within the agreed period, it will inform the Customer of this. In that case, the Customer can agree to a new delivery date or is given the option to terminate the Agreement free of charge.
5. Luxurious Drinks BV advises the Customer to inspect the delivered products and to report any defects within a reasonable period, preferably in writing or by e-mail. Please refer to the Warranty and Compliance Article for more information.
6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Customer. Unless expressly agreed otherwise, the risk passes to the Customer if he decides to collect the products, upon transfer of the products.
7. If the ordered product is no longer available, Luxurious Drinks BV reserves the right to deliver a comparable product of comparable quality. The Customer then has the option to terminate the Agreement free of charge.
Right of withdrawal/return
1. The Customer has the right to terminate the distance Agreement with Luxurious Drinks BV free of charge within 14 calendar days of receipt of the product, without giving reasons. The period starts on the day after the Customer, or a third party designated by him who is not the carrier, has received the product, or:
• if the Customer has ordered multiple products in the same order, on the day on which the Customer, or a third party designated by him, has received the last product;
• if the delivery of a product consists of several shipments or parts, on the day on which the Customer, or a third party designated by him, has received the last shipment or part;
• in the case of agreements for the regular delivery of products during a certain period, on the day on which the Customer, or a third party designated by him, has received the first product.
2. Luxurious Drinks BV will bear the costs for returning, so that returning is free of charge for the Customer. Any costs paid by the Customer for shipping and payment of the product to the Customer will be refunded to the Customer upon return of the entire order.
3. Within the withdrawal period referred to in paragraph 1, the Customer must handle the product and packaging with care. The Customer may only open the packaging and use the product only to the extent necessary to check the nature, characteristics and operation of the products. The basic principle is that this inspection should not go beyond what the Customer could do in a physical store. For Customers who act in the exercise of their profession or business, products can only be returned unused and in unopened packaging.
4. The Customer is only liable for depreciation of the product that is the result of further use of the product than permitted in the previous paragraph.
5. The Customer can terminate the Agreement in accordance with paragraph 1 of this Article by sending the model withdrawal form (digital) to Luxurious Drinks BV, or otherwise clearly informing Luxurious Drinks BV that he renounces the purchase. Luxurious Drinks BV confirms receipt of this notification in the event of a digital notification. After cancellation, the Customer still has 14 days to return the product. It is also possible to immediately return the product within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or another clear statement for withdrawal is enclosed.
6. Products can be returned to:
Luxurious Drinks BV Begijnengang 15 5911JL, Venlo
7. Any amounts already paid by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner as the payment was made. If the Customer has opted for a more expensive shipping method than the cheapest standard delivery, Luxurious Drinks BV is not obliged to refund the additional costs for the more expensive method, unless otherwise agreed. Unless Luxurious Drinks BV offers to collect the product itself, Luxurious Drinks BV may withhold reimbursement until it has received the product or until the Customer demonstrates that he has returned the product, whichever occurs first.
8. Information about the application of the right of withdrawal and the procedure for withdrawal, if applicable, is provided on the Website clearly and in a timely manner before concluding the Agreement.
Payment
1. The Customer must make payments to Luxurious Drinks BV according to the payment methods indicated in the ordering process and on the Website. Luxurious Drinks BV is free to choose the payment methods offered and may change them from time to time. If the Customer pays after delivery, he has a payment term of 14 days from the day after delivery.
Warranty and conformity
1. This Article only applies if the Customer acts as a consumer and not in the exercise of his profession or business. If Luxurious Drinks BV provides separate warranties for the products, these warranties apply to all Customers, regardless of the type of Customer.
2. Luxurious Drinks BV guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the applicable legal provisions and government regulations on the date of conclusion of the Agreement. If specific agreements have been made, Luxurious Drinks BV also guarantees that the product is suitable for other than normal use.
3. A guarantee provided by Luxurious Drinks BV, the manufacturer or importer does not affect the legal rights and claims that the Customer has and can exercise under the Agreement.
4. If the delivered product does not comply with the Agreement, the Customer must inform Luxurious Drinks BV within a reasonable period after discovering the defect.
5. If Luxurious Drinks BV deems the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, taking into account the Article regarding liability, is equal to the price that the Customer paid for the product.
Complaints procedure
1. If the Customer has a complaint about a product (according to the Article on warranty and conformity) or other aspects of the services of Luxurious Drinks BV, he can submit a complaint to Luxurious Drinks BV via telephone +31(0)850605777, e-mail or by post. The contact details are listed at the bottom of these General Terms and Conditions.
2. Luxurious Drinks BV will respond to the Customer's complaint as soon as possible, but no later than 2 days after receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Luxurious Drinks BV will confirm within 2 days of receipt of the complaint that the complaint has been received and provide an indication of the expected period for a substantive or definitive response.
Liability
1. This Article only applies if the Customer is a natural person or legal entity acting in the exercise of his profession or business.
2. The total liability of Luxurious Drinks BV towards the Customer for attributable shortcomings in the fulfillment of the Agreement is limited to compensation of a maximum of the amount of the price agreed for that Agreement (including VAT).
3. Luxurious Drinks BV is not liable for indirect damage, including but not limited to consequential damage, lost profits, lost savings, loss of data and business stagnation, except in cases of intent or gross negligence on the part of Luxurious Drinks BV.
4. Apart from the situations mentioned in the previous two paragraphs of this Article, Luxurious Drinks BV is not liable for damages, regardless of the grounds on which an action for damages would be based. However, the restrictions in this Article do not apply in the event of intent or gross negligence on the part of Luxurious Drinks BV.
5. The right to compensation only arises if the Customer immediately gives Luxurious Drinks BV notice of default in writing, with a reasonable period for rectifying the shortcoming, and Luxurious Drinks BV still fails to fulfill its obligations after that period. The notice of default must contain as detailed a description as possible of the shortcoming to enable Luxurious Drinks BV to respond appropriately.
6. A condition for the existence of any right to compensation is that the Customer reports the damage in writing to Luxurious Drinks BV as soon as possible, but no later than 30 days after the damage occurred.
7. In the event of force majeure, Luxurious Drinks BV is not liable for any damage resulting from this to the Customer.
Personal data
1. Luxurious Drinks BV processes the Customer's personal data in accordance with the privacy policy published on the Website.
Final provisions
1. Dutch law applies to the Agreement.
2. All disputes arising from the Agreement will be submitted to the competent Dutch court in the district where Luxurious Drinks BV is located, unless mandatory legal provisions prescribe otherwise.
3. If a provision in these General Terms and Conditions is found to be invalid, this will not affect the validity of the rest of the General Terms and Conditions. In that case, the Parties will establish new provision(s) to replace the void provision(s) that are as close as possible to the original intention of the void provision.
4. In these General Terms and Conditions, "in writing" also includes communication by e-mail, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.
Contact details:
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Luxurious Drinks BV |
www.luxuriousdrinks.com |
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Begijnengang 15 |
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5911 JL Venlo (NL) |
Phone +31850605777 |
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Xavier Maes (Specialist) |
Mob. +31 (0)6 48 08 31 44 |
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Bank details |
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Chamber of Commerce number |
Account holder Luxurious Drinks BV |
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56593627 |
Account number 42.00.87.648 |
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Registered at Venlo |
Bank Abn Amro Bank |
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TAX/VAT Number NL852204292B01 |
IBAN NL50ABNA0420087648 |
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Director Dionisios Pastras |
BIC ABNANL2A |
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