Terms & Conditions
These terms and conditions apply to all orders placed in the Brouwerij de Kneiter webshop.
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Reflection period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act for purposes related to his trade, business, craft or profession;
Day: calendar day;
Durable data carrier: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is personally addressed to him or her in a manner that prevents future consultation or use during a period that is tailored to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;
Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products and/or services, whereby exclusive or joint use is made of one or more remote communication techniques;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer has no right of withdrawal with regard to his order;
Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.
Article 2 – Identity of the entrepreneur
The Kneiter brewery
Delflandstraat 4
5018 DD Tilburg
Phone: +31 6 38 30 72 07
Email address: [email protected]
Chamber of Commerce number: 80897711
VAT number: NL
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the consumer electronically or otherwise.
In the event that specific product conditions apply 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 him in the event of conflicting conditions.
These general terms and conditions can only be deviated from if the parties have expressly agreed to this in writing.
Article 4 – 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 contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
Article 5 – The agreement
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 entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the reception
If this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
Within legal frameworks, the entrepreneur can inform himself whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the implementation.
At the latest upon delivery of the product and/or services to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:
the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
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 guarantees and existing after-sales service;
the price including all taxes of the product (with the exception of any import duties in case of shipment to a country outside the EU) or; to the extent applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
The consumer can dissolve an agreement with regard to the purchase of a product and/or service during a reflection period of at least 14 days without stating reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
Article 7 – Obligations of the consumer during the reflection period
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he will report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
Article 9 – Obligations of the entrepreneur upon revocation
If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will immediately send a confirmation of receipt after receipt of this notification.
The entrepreneur will reimburse all payments from the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the consumer demonstrates that he has returned the product, whichever is earlier.
The entrepreneur uses the same payment method that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.
Import duties or other additional taxes levied in the consumer’s country are not reimbursed by the entrepreneur.
Article 10 – The price
During the period of validity 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 or services include Dutch VAT.
Any additional costs caused by import duties in the event of shipment of the products offered to a country outside the EU, will be borne entirely by the consumer.
Article 11 – Compliance with the agreement and extra guarantee
The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to comply with his part of the agreement.
An extra guarantee is understood to mean any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what is legally required in the event that he has failed to fulfill his part of the agreement. .
Article 12 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed.
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 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs.
The dissolution envisaged in the previous paragraph does not apply if shipment to a country outside the EU is delayed due to customs clearance procedures of the receiving country.
After dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid no later than 30 days after dissolution.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 13- Payment
Insofar as not provided otherwise in the agreement or additional terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment is stipulated, the consumer cannot assert any rights with regard to the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the obligation to immediately report inaccuracies in the payment details provided or stated to the entrepreneur.
If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure of payment within this 14-day term, the statutory interest will be owed on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500 and 5% on the next € 5,000 with a minimum of € 40, =. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure 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 the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur 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.
The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this term, a dispute arises that is subject to the dispute settlement procedure.
Article 15 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 16 – 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.
Annex I: Model withdrawal form
Model withdrawal form
(only fill in and return this form if you want to revoke the agreement)
– On:
The Kneiter brewery
Delflandstraat 4
5018 DD Tilburg
– I hereby inform you that I withdraw from our agreement concerning the sale of the following products …………………………….
– Ordered on*/received on* :…………………………
– Name: …………………………………………………………………………………
– Address: …………………………………………………………………………………
– Signature:………………………………………………………………………………
* Strike out what’s not applicable.