Article 1: Definitions.
In these terms and conditions, the following definitions shall apply:
- Reflection period: the period within which the consumer can exercise his right of withdrawal;
- Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
- Day: calendar day;
- Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
- Durable medium: any means that enables the consumer or entrepreneur 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 possibility for the consumer to waive the distance contract within the cooling-off period; Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
- Distance contract: an agreement under which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, 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 for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time;
Article 2: Identity of the entrepreneur
- Statutory name of entrepreneur: Bierenko Amsterdam B.V.
- Executive brand name: Uiltje Brewing Company
- Branch address: Oostenburgermiddenstraat 218, 1018 LL Amsterdam
- Phone number: +31 (0)88 623 7095
- Reachability: Monday through Friday from 8:30 a.m. to 6 p.m.
- E-mail address: [email protected]
- Chamber of Commerce number: 33195747
- Branch number: 000009941835
- BTW-identificatienummer: NL802243514B01
If the Entrepreneur's activity is subject to a relevant licensing regime: the details of the supervisory authority: If the Entrepreneur is practicing a regulated profession: the professional association or organization to which he is affiliated; the professional title, the place in the EU or the European Economic Area where it is granted; a reference to the professional rules applicable in the Netherlands and indications of where and how these professional rules can be accessed.
Article 3: Applicability
- These general terms and conditions apply to any offer from the entrepreneur and to any distance contract concluded between entrepreneur and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer's request, they will be sent electronically or otherwise free of charge.
- In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to him.
Article 4: The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
- Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are attached to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the cost of delivery, if any;
- The manner in which the agreement will be established and what actions are necessary to do so;
- Whether or not the right of withdrawal applies;
- the method of payment, delivery and performance of the agreement; the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
- the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
- Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
- the way in which the consumer, before the conclusion of the agreement, can check and, if desired, rectify the data provided by him under the agreement;
- any other languages in which, in addition to Dutch, the agreement may be concluded;
- The minimum duration of the distance contract in the case of an endurance transaction.
Article 5: The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the time of the consumer's acceptance of the offer and fulfillment of the conditions set forth therein.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as 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 grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
- The address of the trader's office to which the consumer can address complaints;
- the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal; the information on guarantees and existing after-sales services;
- the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
- the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration;
- In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6: Right of withdrawal
On delivery of products:
- When purchasing products, the consumer has the option to withdraw from the contract without giving reasons for 14 days. The withdrawal period expires 14 days after the day on which you or a third party designated by you, who is not the carrier, takes physical possession of the good.
- During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
Article 7: Consequences and costs in the event of withdrawal
- If you withdraw from the contract, you will receive back from us all payments made by you up to that point, including delivery costs (with the exception of any additional costs resulting from your choice of a mode of delivery other than the cheapest standard delivery offered by us) without delay and in any event no later than 14 days after we have been informed of your decision to withdraw from the contract. The cost of returning the products shall be borne by the consumer.
- We will refund you using the same means of payment with which you made the original transaction, unless you have expressly agreed otherwise; in any event, you will not be charged for such refunds.
- We may wait to refund until we have received the goods back, or you have demonstrated that you have returned the goods, whichever comes first.
- You are only liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods.
Article 8: Exclusion of the right of withdrawal.
The entrepreneur can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with consumer specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned; which can spoil or age quickly; whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines; for audio and video recordings and computer software for which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services: concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
- The delivery of which began with the consumer's express consent before the expiration of the cooling-off period;
- Regarding betting and lotteries.
Article 9: The Price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
- Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
- Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated it and: 1: they are the result of legal regulations or provisions; 2: or the consumer has the authority to terminate the contract on the day on which the price increase takes effect.
- The prices mentioned in the offer of products or services include VAT.
Article 10: Conformity and warranty
- The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Article 11: Delivery and execution.
- The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
- The place of delivery is the address that the consumer has made known to the company.
- To verify the age of the consumer, the confirmation of 18+ that the consumer has made known to the company applies
- Upon delivery for the product, the carrier (PostNL) will check 18+ age verification at all times. If it is found that the consumer is not 18 or older, the package will be taken back.
- Subject to what is stated in article 4 of these general conditions, the company will execute accepted orders expeditiously but at the latest within 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost and right to possible compensation.
- In case of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
- If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
- 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 otherwise expressly agreed.
Article 12: Duration of transactions; term, termination and renewal
- The consumer may terminate a contract entered into for an indefinite period of time at any time, subject to agreed termination rules and a notice period not exceeding one month.
- An agreement entered into for a definite period has a maximum term of two years. If it has been agreed that in the event of the consumer's silence, the distance contract will be renewed, the contract will continue as an open-ended contract and the notice period after continuation of the contract will not exceed one month.
Article 13: Payment
- As far as not otherwise agreed upon, the amounts owed by the consumer should be paid within 14 days after the start of the reflection period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
- When selling products to consumers, general terms and conditions may never stipulate an advance payment of more than 50%. Where advance payment is stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
- The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
- In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Article 14: Complaints procedure
- The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
- Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
- If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to dispute resolution.
Article 15: Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Article 16: Additional or different provision
Additional provisions or provisions deviating from these general 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.
Article 17: Beer voucher
Forget Fashion Cheque, Forget VVV. The Beer Check is a reality and you can now use it at Uiltje Brewing Company.
How do you use the Beer Check?
1. Pick out the freshest beers you can find
2. Go to your shopping cart
3. 'Click 'Continue to Checkout'
4. Under the 'Your Order' heading, select Beer Check
5. Enter the code.
6. Wait in anticipation for your beer
7. Drink your beer in relaxation.
FAQ
Q: What if I don't use all the balance on my beer voucher?
A: No worries. The remaining value just stays on your card and you can use it later.
Q: Is there a maximum I can spend with a Beer Voucher?
A: Yes, up to 50 EUR you can spend with a Biercheque. This is because of money laundering legislation. So forbidden for crooks!
If you have additional questions, please email or call us at the address below!