Terms and Conditions

Contents:

Article 1- Definitions

Article 2- Corporate Identity/Entrepreneur

Article 3- Relevance

Article 4- Offer

Article 5- Agreement

Article 6- Right of Withdrawal

Article 7- Withdrawal Costs

Article 8- Exclusion Right of Withdrawal

Article 9- Pricing

Article 10- Conformity and Guarantees

Article 11- Delivery and Execution

Article 12- Payments

Article 13- Complaints

Article 14- Disputes

Article 15- Additional and Different Provisions

Article 16- General Conditions/Terms  Post Payments

 

Article 1 – Definitions

In these Conditions/Terms the following definitions are applicable:

Consideration time: the term during which the consumer can execute the right of withdrawal.

Consumer:  the natural person not dealing on behalf of a company or profession and who comes to a distance agreement with Total Grand Cru.

Day: calendar day

Durable Medium: any instrument which enables the recipient or Total Grand Cru to store information addressed personally to them in a way accessible to future reference for a period of time adequate to the purpose of the information and which allows the unchanged reproduction of the information stored.

Right of Withdrawal: the possibility for the consumer to terminate the distance agreement within the consideration term.

Entrepreneur: the natural person or corporation who offers distance products to consumers.

Distance Agreement: an agreement based on a corporate organized system of distance sales of products and services including the closing of an agreement using one or more techniques of distant communication.

Technique of distant Communication: a means that can be used to close an agreement without the consumer and Total Grand Cru have gathered together in the same place and at the same time.

Article 2 - Corporate Identity/Entrepreneur

Total Grand Cru B.V. located at the Satellietbaan 13F, 2181 MG, in Hillegom

Phone number: +31858226582

E-mail: contact@totalgrandcru.com

Chamber of commerce number: 71723900

VAT identification number: NL8588.24.309.B.01

Article 3 - Relevance

These general conditions/terms apply to any offer of Total Grand Cru and to every finalized distance agreement between entrepreneur and consumer.

Before the distance agreement is concluded, the text of the general conditions/terms is being made available to the consumer, at any time the general conditions of Total Grand Cru can be found on the website. If this is reasonably not possible that before the distance agreement is concluded, it will be indicated that the general conditions/terms can be seen at Total Grand Cru and on request of the consumer these general conditions/terms shall be sent to the consumer as soon as possible without extra costs.

If the distance agreement is concluded electronically, notwithstanding the previous article and before the distance agreement is concluded, the text of the general conditions/terms can be made available electronically to the consumer in such a way that the text can be saved in a simple way on a durable medium. If this is reasonably not possible that before the distance agreement is concluded it will be indicated where the consumer can find the general conditions/terms electronically and that these conditions/terms at the consumer’s request will be sent electronically or otherwise to the consumer without extra cost.

For the case that besides these general conditions/terms, specific product and service conditions are also applicable, the second and third article are mutatis and in case of conflicting conditions/terms the consumer can appeal on the relevant conditions/terms  which are the most favorable for the consumer.

Article 4 - Offer

If an offer has a limited validity or has other specifications, this will be emphatically mentioned.

The offer contains a complete and accurate description of the offered products and services. The description is sufficiently detailed to enable a proper consumer’s assessment of the products/services. The images used by Total Grand Cru are true representations of the products and services. Obvious mistakes and errors do not bind Total Grand Cru.

Each offer contains such information that it is clear for the consumer which rights and obligations are related  to the offer when it is accepted by the consumer. This concerns in particular:

Price exclusive taxes

Possible costs of delivery

The manner in which the agreement has been concluded and the necessary signatures

Whether to apply the right of withdrawal

The method of payment, delivery and performance of the contract

The deadline for accepting the offer or the period within which Total Grand Cru guarantees the price

The level of the rate for distance communication if the costs for the usage of the technology for distance communication are calculated on another ground than the regular fare for communication

If the agreement after the conclusion is archived and if so how to consult it for the consumer

The manner in which the consumer, before concluding the agreement, can check and if necessary also restore the information provided by hem under the agreement

Any other languages, including Dutch, for the agreement

The codes of conduct to which Total Grand Cru is subject and the manner in which the consumer can consult electronically the codes of conduct.

Article 5 - The Agreement

The agreement is finalized, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the conditions.

If the consumer has accepted electronically the offer, Total Grand Cru immediately confirms electronically that he has received the acceptance of the offer. As long as Total Grand Cru has not confirmed the acceptance, the consumer can terminate the agreement.

If the agreement is concluded electronically, Total Grand Cru will take appropriate technical and organizational measures to protect the electronic data transfer and that he will ensure a safe web environment. If the consumer can pay electronically, Total Grand Cru will observe the necessary security measures.

Total Grand Cru can notify or check, within the legal framework, if the consumer can meet the payment obligations, and also check all important facts and factors which are needed to finalize a sound distance agreement. If Total Grand Cru based on research, has good reasons not to conclude the agreement then he is entitled to motivate and to refuse an order/ request or he can connect special conditions to the execution of the offer.

Total Grand Cru shall send the following information with the products or services, written or in such a manner that the consumer can store in an accessible way the data on a durable medium:

1. The address of the company for the consumer to file complaints
2. The conditions and the way how the consumer can execute the right of withdrawal and a clear indication related to the exclusion of the right of withdrawal.
3. Information about after sales guarantees and services
4. Article 4 paragraph 3 unless Total Grand Cru has already sent this information before the execution of the agreement.

 

Article 6 - Right of Withdrawal

Deliverance of products:

After purchasing products the consumer has the possibility to disband the agreement without giving reasons during 1 day. The cooling off period starts on the day after the consumer receives the product or a pre-designated representative by the consumer made known to Total Grand Cru.

During the cooling off period the consumer shall treat the product and the package carefully. He shall unpack the product, but not open the bottle. The product should be used only to that extent to as far as it is necessary to judge if he wishes to keep the product. If he does want to execute the right of withdrawal, he shall return the product with all accessories in the original conditioning and packaging to Total Grand Cru, in accordance with the provided reasonable and clear instructions of Total Grand Cru.

Deliverance of Services:

In order to execute the right of withdrawal, the consumer must abide by the reasonable and clear instructions provided by Total Grand Cru at the offer or finally at the deliverance of the service.

Article 7 - Withdrawal Costs

If the consumer executes the right of withdrawal, he will have to pay no more than the costs of returning the product.

If the consumer has made a payment, Total Grand Cru shall pay back this amount as soon as possible but no later than within 14  days after the repeal or after the return shipment.

Article 8 - Exclusion Right of Withdrawal

Total Grand Cru can exclude the right of withdrawal of the consumer for as far as foreseen in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if Total Grand Cru has clearly mentioned this at least in time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for the following products:

1. Which are established by Total Grand Cru according to specifications of the consumer
2. That they are clearly personal in nature
3. Which cannot be returned because of their nature
4. That can spoil or age quickly
5. Whose price is bound to fluctuation on the financial market which Total Grand Cru has no influence

 

Article 9 - Pricing

During the validity period mentioned in the offer, the prices of the offered products and services shall not be raised save for price changes due to changing VAT rates.

Notwithstanding the previous paragraph Total Grand Cru can offer products and services with variable prices when these prices are subject to fluctuations on the financial market and where Total Grand Cru has no influence. This bondage to fluctuations and the fact that the mentioned prices are target prices will be mentioned with the offer.

The in the offer mentioned prices exclude VAT, unless otherwise stated.

Article 10 - Conformity and Guarantees+

Total Grand Cru ensures that the products and services measure up to the agreement, ensures the in the offer mentioned specifications, ensures reasonable requirements, soundness and or usefulness and ensures on the date of the establishment the existing legal provisions and/or government regulations.

A guarantee provided by Total Grand Cru, manufacturer or importer does nothing to alter the rights and claims which the consumer under the agreement can put forward against Total Grand Cru.

Article 11- Delivery and Execution

Total Grand Cru shall observe in utmost care the reception and execution of orders of products and when assessing applications for services.

The address that has been made known by the consumer to Total Grand Cru is considered to be the delivery place.

Taking into account what is stated in article 4 of the general conditions/terms , Total Grand Cru shall execute the accepted orders expeditiously but not later than within 30 days unless a longer period has been agreed. If the delivery is delayed or if a delivery cannot or partially be executed, the consumer is notified about this no later than 30 days after he placed the order. In that case the consumer has the right to terminate the agreement without any further cost and he is entitled to compensation.

In the event of termination in accordance with the previous paragraph Total Grand Cru shall pay back the amount that the consumer has paid as soon as possible but no later than 30 days after the termination.

If the delivery of an ordered product appears to be impossible, Total Grand Cru shall strive to make available a replacement product. At least before the delivery it will be mentioned in a clear and understandable manner that a replacement product will be delivered. The right of withdrawal cannot be ruled out with regard to replacement products. The costs of a possible return shipment come at the expense of Total Grand Cru.

The risk of damage and/or loss of products rest with Total Grand Cru until the moment of delivery at the consumer or a pre-designated and an announced representative to Total Grand Cru, unless otherwise expressly agreed. If you receive a damaged product, you should report this by email within three days. You can send this email to: contact@totalgrandcru.com

 

Article 12 - Payments

Unless otherwise agreed, the amounts due have to be met by the consumer, before Total Grand Cru will ship the product to the consumer. In case of an agreement to provide a service the cooling off period starts after the consumer has received the confirmation of the agreement.

The consumer has the duty to notify Total Grand Cru about inaccuracies in the payment details.

In case of default by the consumer Total Grand Cru has, subject to legal restrictions, the right to charge the reasonable costs which are made known to the consumer in advance.

Article 13 - Complaints

Total Grand Cru features a sufficiently publicized complaints procedure and handles the complaint according to this complaints procedure.

Complaints about the execution of the agreement must be described fully and clearly within reasonable time submitted to Total Grand Cru after the consumer has observed the defects.

The complaints submitted to Total Grand Cru will be answered within a period of 14 days from the day of receipt. If a complaint has a foreseeable longer processing time, Total Grand Cru will answer within 14 days an acknowledgement and an indication when the consumer will receive a more detailed answer.

If a complaint cannot be resolved by mutual agreement then there is a dispute that is subject to the dispute settlement.

Article 14 - Disputes

Dutch law exclusively applies to agreements between entrepreneur and consumer whereupon these general conditions/terms are related to.

In case of disputes the consumer can approach Stichting WebwinkelKeur (WebwinkelKeur Foundation) and this foundation will mediate for free. If both parties cannot come up to a solution then the consumer has the possibility to let his complaint be handled by Stichting GeschilOnline. (GeschilOnline.nl Foundation) The ruling of this foundation is binding and both the consumer and Total Grand Cru accept this binding ruling.

Article 15 - Additional and Different Provisions

Additional or different provisions compared to the General conditions/terms may not be to the prejudice of the consumer and should be recorded in writing in such a manner that the consumer can save these in an accessible way on a durable medium.