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Terms and Conditions

Terms and Conditions

 

The following General Terms and Conditions apply to the ordering and delivery of Products or the Subscription via the Onwine Platform. These terms and conditions may be subject to interim amendments. The conditions below are current as of October 5, 2021.

 

Article 1 – Definitions

 

In these terms and conditions, the following definitions apply:

 

Subscription: periodic delivery of six wines as described in Article 15.

Reflection period: the period within which the consumer can make use of his right of withdrawal.

Consumer: the natural person who enters into a distance contract with the Wine Supplier. The Consumer is at least 18 years old.

Day: calendar day.

Duration transaction: a distance contract with regard to a series of products, the delivery and/or purchase obligation of which is spread over time.

Durable data carrier: any means that enables the consumer, the Wine Supplier or Onwine to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period. A consumer can make use of a right of withdrawal by filling in a form or sending a direct email to [email protected]

Onwine: the private company OnWine B.V., with its registered office at Auriollaan 54, 3527EW, Utrecht. OnWine B.V. is the legal entity that facilitates sales on behalf of the Wine Supplier and offers products to consumers at a distance.

Platform: the environment within On-wine.com where products from the (different) Wine Supplier(s) are offered to the Consumer.

Product(s): the products made available on the Platform on behalf of the Wine Supplier that can be ordered by a Consumer.

Distance contract: an agreement in which, in the context of a system organized by Onwine for the distance sale of products on behalf of the Wine Supplier, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: means that can be used to conclude an agreement, without the Consumer and the Wine Supplier (and Onwine) meeting simultaneously in the same room.

Wine supplier: the company that sells a Product or Subscription as offered via Onwine to the Consumer through a sale or distance. The Wine Supplier may differ depending on the Products shown on the invoice received by the Consumer when placing an order. An overview of the relevant Wine Supplier(s) with whom a distance sale can be concluded is included in Appendix 1 to these General Terms and Conditions.

General Conditions: the present General Conditions.

 

Article 2 – Wine supplier

 

The Wine Supplier is the party that sells a Product or Subscription as offered via Onwine to the Consumer through a sale or distance. The Wine Supplier may differ depending on the Product which the Consumer has ordered and is shown on the invoice as received by the Consumer when placing an order. An overview of the relevant Wine Supplier(s) including relevant information including company name, business address, Chamber of Commerce number and VAT identification number is included in Appendix 1 to these General Terms and Conditions.

 

Article 3 -  Onwine

 

In the context of facilitating the sale between Consumer and Wine Supplier, Onwine is responsible for the Platform. Onwine is also responsible for the administration of the transaction between the Consumer and the Wine Supplier. The Consumer enters into a transaction with the Wine Supplier, whereby Onwine acts as a 'conduit', because Onwine transfers the Consumer's order directly to the Wine Supplier. In the context of facilitating this transaction, Onwine will on the one hand 'unburden' the Wine Supplier and, on the other hand, Onwine will take care of the payment of excise duties as a tax representative.

 

Private company name: OnWine B.V.

Business address: Auriollaan 54, 3527 EW, Utrecht

Email: [email protected]

Chamber of Commerce number: 80096239

VAT identification number: NL861553573B01

 

Article 4 - Age limit

 

When the Platform is visited by a Consumer, the Consumer must enter his or her age before the Consumer is admitted to the Platform. If the Consumer places an order via the Platform, the Consumer must first create an account with an email address, date of birth and password. The Consumer must fill in this information truthfully.

 

Article 5 - Applicability

 

These General Terms and Conditions apply to every offer as displayed on the Platform and to every concluded distance agreement and orders between the Consumer and a Wine Supplier, with Onwine acting as an intermediary where necessary.

Before the distance contract is concluded, the text of these general terms and conditions is made available to the Consumer via the Platform.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

 

Article 6 - The offer

 

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. Onwine is entitled to adjust the offer in collaboration with the Wine Supplier.

The offer on behalf of a Wine Supplier contains as complete and accurate as possible a description of the Products offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Consumer. If Onwine uses images on behalf of a Wine Supplier, these are a true representation of the Products offered. Obvious mistakes or obvious errors in the offer are not binding on Onwine or the Wine Supplier.

All images, specifications and data in the offer on the Platform are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying Products are a true representation of the Products offered.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the manner in which the agreement will be concluded and which actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery and execution of the agreement;

the amount of other costs, including administration costs; and

the way in which the Consumer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement.

 

Article 7 - The agreement

 

By placing an order, the Consumer agrees to these General Terms and Conditions. Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the Consumer of the offer and the fulfillment of the associated conditions.

If the Consumer has accepted the offer electronically, the Wine Supplier will immediately confirm receipt of the acceptance of the offer electronically via Onwine, for example by means of the sales invoice. As long as the receipt of this acceptance has not been confirmed by the Wine Supplier (via Onwine), the Consumer can dissolve the agreement.

Since the agreement between Consumer and Wine Supplier is concluded electronically via the Platform, Onwine takes appropriate technical and organizational measures to secure the electronic transfer of data and Onwine ensures a safe web environment. When the consumer pays electronically, Onwine will take appropriate security measures.

Onwine can also inform itself on behalf of the Wine Supplier - within legal frameworks - of all those facts and factors that are important for a responsible conclusion of the distance contract, for example the age of the Consumer in the context of Article 4. If Onwine, on the basis of this investigation, has good reasons not to enter into the agreement on behalf of the Wine Supplier, Onwine is entitled to refuse an order or request on behalf of the Wine Supplier.

Onwine will, also on behalf of the Wine Supplier, make the following information available to the Consumer with the Products in an accessible manner via the Platform, also by making this Agreement available:

the e-mail address of Onwine where the consumer can go with complaints. Onwine will try to resolve possible complaints on behalf of the Wine Supplier as much as possible;

the conditions under which and the manner in which the Consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

the information about warranties and existing after-sales service if applicable;

the requirements for termination of the agreement.

Each agreement is entered into under the suspensive conditions of sufficient availability of the Products concerned.

 

Article 8 - Right of withdrawal

 

When placing an order for Products or the Subscription via the Platform, the Consumer has the option to dissolve the agreement without stating reasons during 24 hours.

In principle, the right of withdrawal expires immediately following (partial) use (consumption) of a Product or Subscription.

Upon receipt of Products or delivery of the Subscription, the Consumer has the option to dissolve the agreement during 14 days, including a statement of reasons, for example because the Product received or the delivery of the Subscription is damaged. This reflection period starts on the day after receipt of the Product or delivery of the Subscription by the Consumer.

During the reflection period, the Consumer will handle the product and the packaging with care. If he/she makes use of his/her right of withdrawal, he/she will, if requested, return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Onwine, in accordance with the instructions provided by Onwine. Onwine will then contact the Wine Supplier where necessary.

If the Consumer wishes to make use of his/her right of withdrawal, he/she is obliged to inform Onwine of this within 14 days of receipt of the product. The consumer must make this known by sending an email to [email protected] After the Consumer has indicated that he wishes to make use of his right of withdrawal, the Consumer must return the product within 14 days if requested. In such a case, the Consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.

If, after the expiry of the periods referred to in paragraphs 1 and 3, the Consumer has not indicated that he wishes to make use of his right of withdrawal or has not returned the product to Onwine within the period referred to in paragraph 5, the purchase is a fact.

 

Article 9 - Costs in case of withdrawal

 

If the Consumer makes use of his right of withdrawal, the maximum costs of return will be for his account.

If the Consumer has paid an amount, Onwine will refund this amount on behalf of the Wine Supplier as soon as possible, but no later than 14 days after cancellation. The condition can be set by Onwine here that the product has already been received back by Onwine or conclusive proof of complete return can be submitted. Refunds can be made via digital payment method.

In the event of damage to the product due to careless handling by the Consumer, the Consumer is liable for any loss in value of the product.

 

Article 10 - Exclusion right of withdrawal

 

Onwine may, on behalf of the Wine Supplier, exclude the Consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if this is stated clearly and in good time before the conclusion of the agreement, for example by making it available in an accessible manner. of this agreement.

Exclusion of the right of withdrawal is only possible for products that cannot be returned due to their nature.

Exclusion of the right of withdrawal is only possible for products whose delivery has started with the express consent of the Consumer before the reflection period has expired.

 

Article 11 - The price

 

During the period of validity stated in the offer, the prices of the Products offered will not be increased, except for price changes as a result of changes in VAT rates and excise duties.

The prices stated in the offer of Products include VAT and excise duty.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, the Wine Supplier is not obliged to deliver the Product according to the incorrect price.

 

Article 12 - Conformity and Warranty

 

The Wine Supplier, or Onwine on behalf of the Wine Supplier, guarantees that the Products or the Subscription comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the the agreement existing legal provisions and/or government regulations. The Wine Supplier, or Onwine on behalf of the Wine Supplier, does not guarantee that the Product or Subscription is suitable for other than normal use.

Any defects or incorrectly delivered products must be reported to Onwine in writing within 4 weeks after delivery. If necessary, the products must be returned in the original packaging and in new condition.

The warranty period of a Product corresponds to the legal rights and claims that the consumer can assert against Onwine or the Wine Supplier under the agreement.

Onwine guarantees the quality of the products offered on behalf of the Wine Supplier. Products must meet the reasonable expectations that the Consumer has in this regard. In the unlikely event that expectations are not met, Onwine would like to hear from you and will look for a suitable solution.

However, Onwine or the Wine Supplier 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 warranty does not apply if the delivered Products have been exposed to abnormal conditions or are otherwise treated carelessly or if they conflict with the instructions of the Wine Supplier and/or have been treated on the packaging.

 

Article 13 - Delivery and execution

 

The Wine Supplier will, in collaboration with the Onwine, take the greatest possible care when receiving and executing orders for Products or the delivery of the Subscription.

The place of delivery is the address that the Consumer has made known to Onwine.

With due observance of what is stated in paragraph 4 of this article, Onwine will execute accepted orders in collaboration with the Wine Supplier expeditiously, but at the latest within 25 days, unless the Consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the Consumer will be notified of this no later than 15 days after he/she has placed the order. In that case, the Consumer has the right to dissolve the agreement without costs. The Consumer is not entitled to compensation.

All delivery times are indicative. The Consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, Onwine will refund the amount paid by the Consumer on behalf of the Wine Supplier as soon as possible, but at the latest within 14 days after dissolution.

If delivery of an ordered Product proves to be impossible, Onwine will endeavor to make a replacement product available in collaboration with the Wine Supplier. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement Product is being delivered. The right of withdrawal cannot be excluded with replacement Products. The costs of any return shipment are for the account of Onwine.

The risk of damage and/or loss of products rests with Onwine on behalf of the Wine Supplier until the moment of delivery to the Consumer, unless expressly agreed otherwise.

It is the Consumer's responsibility to notify Onwine if an order (Product or Subscription delivery) has not been delivered. This must be done within one month of placing the order.

 

Article 14 - Payment

 

Unless otherwise agreed, the amounts owed by the consumer must be paid when ordering Products.

The consumer has the obligation to report inaccuracies in payment details provided or stated to Onwine without delay.

In the event of non-payment by the consumer, Onwine has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

 

Article 15 - Winery Subscription

 

Article 15 only applies to a Consumer who intends to take out a Winery Subscription. Article 15 does not apply to one-off orders for Products via the Platform.

By taking out a Subscription, a Consumer receives a box with six wines ('delivery') every month for a fixed amount (including excise duty, VAT and shipping costs). The six wines can vary each month.

The Subscription can be accepted by the Consumer by completing the ordering process as offered on the Platform, or by means of direct contact with Onwine.

The first payment (via the Platform ordering process) is an authorization for the Subscription and the associated monthly direct debits.

When the first delivery is entered into and paid via the Platform, the Subscription will be paid by direct debit in the following month.

The full amount is debited every month by direct debit. By accepting the Conditions of the Subscription, the Consumer agrees to this monthly direct debit.

The winery Subscription of Onwine is always entered into for an indefinite period, unless otherwise requested by the Consumer.

The Subscription can be canceled per month by both the Consumer and Onwine.

Canceling the Subscription is only possible after a minimum period of 3 months.

The Subscription must be canceled no later than 7 days before the end of the month. This, in connection with the next delivery, which usually takes place in the first week of the following month.

Cancellation of the Subscription can be done by sending an e-mail to [email protected]

In case of cancellation within 7 days before the end of the month, a payment will be made once more by direct debit and the Consumer will also receive a delivery once.

Onwine is entitled to adjust the price of a Subscription at any time. In the event of a price increase, a Consumer will be notified at least one month in advance, so that the Consumer is given the opportunity to cancel the Subscription prior to the commencement of a price increase.

Onwine reserves the right to cancel the Subscription, for example if the Consumer does not comply with the provisions of these General Terms and Conditions.

Delivery is made on a monthly basis, generally by post. The delivery period is usually in the first week of the month. The delivery term is indicative, with Onwine making every effort to meet the delivery terms.

With regard to the right of withdrawal, what is described in Article 8 applies.

 

Article 16 - Newsletter

 

The data provided for the newsletter will only be used to share updates by e-mail from Onwine. Updates to inform you about, for example: new products on the Platform, new services, offers, or interesting information about developments within the world of wines. These Terms and Conditions apply to possible offers.

Onwine may use the services of third parties to send the newsletter. The data entered for the newsletter will not be made available to third parties. For more information about your data, reference is also made to the Privacy Policy as included on the Platform.

Onwine aims to send the newsletter once a week. Onwine is free to deviate from this frequency.

Onwine, or the service that Onwine uses to send the newsletter, are not liable for any damage, direct and/or indirect, arising from or in any other way related to these e-mails.

A recipient of the newsletter can choose to unsubscribe from the newsletter at any time. This can be done by clicking on the unsubscribe link in the newsletter.

 

Article 17 - Complaints procedure

 

Onwine has a sufficiently publicized complaints procedure, also on behalf of the Wine Supplier and on behalf of the Consumer, and handles the complaint in accordance with this complaints procedure.

Complaints about the implementation of the agreement must be submitted fully and clearly described to Onwine within 7 days, after the Consumer has discovered the defects. Where applicable, Onwine will share the complaints with the Wine Supplier.

Complaints submitted to Onwine will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, Onwine will answer within the period of 14 days with a notification of receipt and an indication when the Consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

In the event of complaints, a Consumer must first turn to Onwine, and then to the Wine Supplier via Onwine. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

A complaint does not suspend Onwine's obligations on behalf of the Wine Supplier, unless Onwine indicates otherwise in writing.

If a complaint is found to be well-founded by Onwine or (in consultation with) the Wine Supplier, Onwine will, at its discretion, replace or refund the delivered products free of charge on behalf of the Wine Supplier.

 

Article 18 - Disputes

 

Agreements between the Wine Supplier, the Consumer and Onwine to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the Consumer lives abroad.

 

Article 19 - Additional or different provisions

 

Additional provisions or provisions that 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 data carrier.

 

Appendix to General Terms and Conditions

 

Attachment 1

 

Name Wine Supplier: Tuttivini S.R.L.S.

Business address: Frazione Arzello 100, 15010 Melazzo, Italy

Italy registration number and VAT identification number: IT 02652420064

VAT identification number BE: BE0769684112                                                                              VAT identification number DE: DE182/118/74933

REA Number: AL - 301107

 

 

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