Terms of service

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General Terms and Conditions

GENERAL TERMS AND CONDITIONS
OF
CPP-WINES | SELECTED BY DRONK

Applicable to the webshop of CPP-wines (https://www.cpp-wines.nl/) | Selected by Dronk (https://www.selectedbydronk.nl/).

Article 1 - Definitions
In these terms and conditions, the following terms have the following meanings:
1. CPP-wines | Selected by Dronk: CPP-wines | Selected by Dronk, with its registered office in Capelle aan den IJssel, registered in the trade register of the Chamber of Commerce (Kamer van Koophandel) under number 67059759, VAT number NL856813059B01.
2.Buyer: the natural person or legal entity who enters into an Agreement with CPP-wines | Selected by Dronk and who does not act for purposes related to his trade, business, craft or professional activity;
3. Agreement: an Agreement under which the Buyer acquires products and/or services in connection with a distance Agreement, and these goods and/or services are delivered by CPP-wines | Selected by Dronk or by a third party on the basis of an arrangement between that third party and CPP-wines | Selected by Dronk;
4. Order Confirmation: the written confirmation of the order or Agreement;
5. Cooling-off Period: the period within which the Buyer may exercise his Right of Withdrawal;
6. Day: calendar day;
7. Right of Withdrawal: the possibility for the Buyer to withdraw from the Agreement within the Cooling-off Period;
8. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions. Annex I does not need to be made available if the Buyer has no Right of Withdrawal with regard to his order;

Article 2 - Applicability
1. These general terms and conditions apply to all quotations, offers, activities and Agreements, as well as to the Agreements concluded via the webshop (address; www.cpp-wines.nl | www.selectedbydronk.nl) with, and deliveries by, CPP-wines | Selected by Dronk.
2. CPP-wines | Selected by Dronk reserves the right to amend these general terms and conditions. These general terms and conditions were last revised and amended on 11 December 2020.
3. Deviating stipulations or any general terms and conditions of the Buyer only apply if and insofar as they have been expressly accepted in writing by CPP-wines | Selected by Dronk, and in that case exclusively for the Agreement for which they have been accepted.
4. By placing an order via the webshop (address; www.cpp-wines.nl | www.selectedbydronk.nl), the Buyer declares that he is 18 years of age or older and that he agrees to these general terms and conditions.

Article 3 - The offer
1. All offers made by CPP-wines | Selected by Dronk, in whatever form, are without obligation, unless expressly stated otherwise. CPP-wines | Selected by Dronk is entitled to change and adjust the offer. If an offer without obligation is accepted, CPP-wines | Selected by Dronk has the right to revoke the offer within two working days after receipt of the acceptance.
2.If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
3. If offers made by CPP-wines | Selected by Dronk are based on information provided by the Buyer, the Buyer guarantees the accuracy of that information. The Buyer furthermore guarantees that it has provided CPP-wines | Selected by Dronk with all information relevant to the performance of the Agreement.
4. All images and descriptions of the offer, prospectuses, catalogues, statements of dimensions and weights, minor details and promotional material, as well as other information provided by CPP-wines | Selected by Dronk are not binding on CPP-wines | Selected by Dronk .
5. Obvious mistakes or obvious errors in the offer do not bind CPP-wines | Selected by Dronk .
6. Images accompanying products are a true representation of the products offered. CPP-wines | Selected by Dronk cannot guarantee that the appearance of the products shown corresponds exactly to the actual appearance of the products.
7. The offers as stated on the website are online offers valid for online purchases.
8. The sending of offers and/or other documentation does not oblige CPP-wines | Selected by Dronk to accept an order. The refusal of an order will be communicated to the Buyer by CPP-wines | Selected by Dronk as soon as possible, but in any event within 30 days. CPP-wines | Selected by Dronk is not liable for damage that arises and/or will arise for the Buyer directly or indirectly from the refusal.
9. CPP-wines | Selected by Dronk reserves the right to refuse an order from the Buyer without stating reasons, or to attach conditions to it.
10. A statutory minimum age of 18 years applies to the purchase of alcoholic products. By ordering these products, the Buyer declares that he/she is at least of the stated age.

Article 4 - The Agreement
1. Subject to the provisions below, an Agreement between CPP-wines | Selected by Dronk and the Buyer is only concluded after CPP-wines | Selected by Dronk has accepted or confirmed an order, whereby the date of the confirmation or acceptance is decisive. The Order Confirmation is deemed to represent the Agreement correctly and completely. The Order Confirmation is sent by e-mail and is binding from the moment it is sent. If we cannot accept your order, we will try to contact you by e-mail, telephone or post.
2. In principle, it is not possible to cancel an order (placed via the Webshop) after the order has been confirmed by CPP-wines | Selected by Dronk (receipt of the Order Confirmation by e-mail).
3. Any additional arrangements made or changes within the Agreement made at a later date only apply if and insofar as they have been expressly accepted, or confirmed, by CPP-wines | Selected by Dronk in writing.
4. For transactions for which, given their nature and scope, no quotation is sent, the invoice and/or order summary in the Order Confirmation shall be deemed to represent the Agreement correctly and completely, unless the other party submits a written complaint within fourteen working days.
5. Each Agreement is entered into under the resolutive condition that the Buyer is sufficiently creditworthy for the monetary fulfilment of the Agreement, this to be assessed exclusively by CPP-wines | Selected by Dronk.
6. CPP-wines | Selected by Dronk reserves the right to require security for the monetary fulfilment of the Agreement, the costs of which shall be borne by the Buyer.

Article 5 - Performance of the Agreement and delivery
1. CPP-wines | Selected by Dronk will exercise the greatest possible care when receiving and executing orders for products.
2. In order to allow the performance of an Agreement to proceed as well as possible and, as much as possible, according to schedule, the Buyer shall provide in good time all data, instructions and information that CPP-wines | Selected by Dronk needs for the performance.
3. The place of delivery is the address that the Buyer has made known to CPP-wines | Selected by Dronk .
4. With due observance of what is stated in Article 4 of these general terms and conditions, CPP-wines | Selected by Dronk will execute accepted orders with due speed, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed, or can only be executed in part, the Buyer will be notified thereof no later than 30 days after he has placed the order.
In the event of an excessive overrun of the original delivery time, the consumer has a right of cancellation, unless this overrun is caused by force majeure on the part of CPP-wines | Selected by Dronk. An excessive overrun of the original delivery time only exists if the overrun amounts to at least 30 days. CPP-wines | Selected by Dronk is not liable for damage that arises and/or will arise for the Buyer directly or indirectly.
5. From the moment of delivery, the purchased goods are at the Buyer's risk. Unless agreed otherwise, delivery takes place 'ex warehouse' (Rotterdam). Delivery is effected by loading the goods concerned. 'Franco' (carriage paid) delivery only takes place if and insofar as this has been agreed by CPP-wines | Selected by Dronk with the Buyer.
6. If 'Franco' delivery has been agreed, the following provisions apply:
- CPP-wines | Selected by Dronk has the choice of the means of transport with which the goods will be delivered to the delivery address.
- the risk of the goods passes at the moment they have been delivered 'Franco' from the means of transport to the Buyer.
- 'Franco' delivery takes place at the delivery address specified by the Buyer, or as far as the means of transport can reach in the sole judgement of its driver. If, in the latter case, the Buyer refuses to take receipt of the goods there, the costs thereby incurred, on whatever grounds, shall be for his account and the risk shall pass to him at that moment.
- 'Franco' delivery does not extend further than placement on the unloading platform or directly over the threshold of the delivery address.
- in the case of 'Franco' delivery of goods, the Buyer shall provide assistance with unloading the load at his own expense.
7. If delivery of goods cannot proceed for reasons that are not attributable to CPP-wines | Selected by Dronk, CPP-wines | Selected by Dronk is entitled to store the goods at the Buyer's expense and risk, without prejudice to the right of CPP-wines | Selected by Dronk to demand payment of the purchase price.
8. The Buyer is obliged to check the delivered goods or the packaging for any shortages and/or damage immediately upon delivery, or to carry out this check after notification by CPP-wines | Selected by Dronk that the goods are at the Buyer's disposal.
9. In the event of any shortages and/or damage to the delivered goods present upon delivery, the Buyer must not accept the entire order, or the Buyer must state this (or have this stated) on the delivery note, the invoice and/or the transport documents, failing which the Buyer is deemed to have approved the delivered goods (signature is binding). In that case, complaints in this respect will no longer be considered.
10. CPP-wines | Selected by Dronk is entitled to deliver in instalments, which it may invoice separately.
11. If goods have not been collected by the Buyer within 14 days after the delivery time, the order for the goods not delivered will be cancelled and CPP-wines | Selected by Dronk will charge 20 euros in administration costs per order. In the case of prepayment, the remaining amount will be refunded within 30 days.

Article 6 - Transport and risk
1. The transport of goods shall take place in a manner to be determined by CPP-wines | Selected by Dronk .
2. Any specific wishes of the Buyer regarding transport or shipment will only be carried out at the Buyer's expense and risk.
3. CPP-wines | Selected by Dronk is entitled to charge a fee for reusable packaging materials, which will be stated on the invoice. Where such a fee is charged, it will be settled after the packaging has been returned in undamaged condition.
4. The Buyer must return pallets used in the delivery of the goods 'Franco' and at his own risk to CPP-wines | Selected by Dronk within twenty working days. Ownership of these pallets remains at all times with CPP-wines | Selected by Dronk.

Article 7 - Right of Withdrawal
1. The Buyer may withdraw from an Agreement concerning the purchase of a product during a Cooling-off Period of no more than 14 days without giving reasons. Withdrawal by the Buyer can only take place by means of a registered letter and on the condition that the goods have been returned to CPP-wines | Selected by Dronk within 14 days of receipt (in the prescribed manner).
2. The Cooling-off Period referred to in paragraph 1 commences on the day after the Buyer, or a third party designated in advance by the Buyer who is not the carrier, has received the product.
3. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Buyer shall return the product, or hand it over to (an authorised representative of) CPP-wines | Selected by Dronk. This is not necessary if CPP-wines | Selected by Dronk has offered to collect the product itself. The Buyer has in any event observed the return period if he returns the product before the Cooling-off Period has expired.
4. The Buyer shall return the product with all accessories supplied, in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by CPP-wines | Selected by Dronk.
5. The Buyer bears the direct costs of returning the product, as well as the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal.
6. After dissolution in accordance with the conditions referred to in paragraph 1, CPP-wines | Selected by Dronk will refund the purchase amount paid by the Buyer within 14 days of receipt of the return shipment.
7. CPP-wines | Selected by Dronk uses the same means of payment for the refund as the one used by the Buyer, unless the Buyer agrees to a different method.

Article 8 - Exclusion of the Right of Withdrawal
CPP-wines | Selected by Dronk may exclude the following products from the Right of Withdrawal, but only if CPP-wines | Selected by Dronk has clearly stated this in the offer, or at least in good time before the conclusion of the Agreement:
1. Products manufactured in accordance with the Buyer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the Buyer, or which are clearly intended for a specific person.

Article 9 - The price
1. Unless stated otherwise, the prices stated in the offer are:
a. inclusive of VAT, import duties, other taxes, levies and charges;
b. exclusive of the costs of packaging, loading and unloading, transport and insurance;
c. exclusive of shipping costs (the shipping costs are based on delivery to the address specified by the Buyer).
2. All payments made by the Buyer shall serve primarily to settle any interest owed by the Buyer and the collection costs incurred by CPP-wines | Selected by Dronk and subsequently to settle the oldest outstanding invoices.
3. CPP-wines | Selected by Dronk reserves the right to require a deposit, full prepayment or cash payment upon the Agreement or Order Confirmation.
4. Set-off of any claim asserted by the Buyer against CPP-wines | Selected by Dronk against amounts owed by the Buyer to CPP-wines | Selected by Dronk is excluded.
5. In the event that the Buyer fails to fulfil any obligation arising from the Agreement, or fails to do so on time, reaches a debt arrangement with his creditors, applies for a suspension of payments or undergoes a comparable procedure, is declared bankrupt, closes, transfers or dissolves his business, as well as if an attachment is levied against him that is not lifted within 14 days, every claim of CPP-wines | Selected by Dronk against the Buyer shall be immediately due and payable in full. In addition, CPP-wines | Selected by Dronk shall then have the right to dissolve the Agreement, insofar as it has not yet been (fully) performed, without further notice of default or judicial intervention and without owing or coming to owe any compensation in this respect, without prejudice to the right of CPP-wines | Selected by Dronk to claim full compensation, or to suspend the performance of the Agreement.
6. If the Agreement has been entered into with more than one consumer, all consumers are jointly and severally liable for the fulfilment of the obligations under the Agreement and these general terms and conditions (regardless of the name in which the invoice is issued).
7. In the event of an increase in one or more of the cost price factors, CPP-wines | Selected by Dronk is entitled to increase the purchase prices accordingly, or to cancel the order. CPP-wines | Selected by Dronk is not liable for damage that arises and will arise directly or indirectly from this price change.

Article 10 - Payment
1. Payment is made via iDeal and/or credit card and/or Bancontact.
2. Insofar as not provided otherwise in the Agreement or additional conditions, the amounts owed by the Buyer 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.
3. The Buyer has the duty to report inaccuracies in payment details provided or stated to CPP-wines | Selected by Dronk without delay.
4. If an invoice and/or quotation needs to be drawn up, CPP-wines | Selected by Dronk is entitled to charge administration costs and/or transaction costs per transaction.
5. If the Buyer does not fulfil his payment obligation(s) on time, then, after he has been notified by CPP-wines | Selected by Dronk of the late payment and CPP-wines | Selected by Dronk has granted the Buyer a period of 14 days in which to still fulfil his payment obligations, and payment has still not been made within this 14-day period, the Buyer shall owe the statutory interest on the amount still due, and CPP-wines | Selected by Dronk is entitled to charge the extrajudicial collection costs it has incurred. These collection costs amount to no more than: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the following € 5.000,= with a minimum of € 40,=. CPP-wines | Selected by Dronk may deviate from the stated amounts and percentages in favour of the Buyer.

Article 11 - Collection costs
All costs arising from or connected with the enforcement by the Buyer of its rights arising from or in respect of the Agreement, including all costs arising from or connected with the judicial and/or extrajudicial collection of any invoice amount not paid on time or not paid in full, or on any other grounds, shall be borne by the Buyer, without any reminder, demand or notice of default being required, including the costs of any reminder, notification and notice of default which, in the event of any judicial proceedings, are not charged to the unsuccessful party, all this with a minimum of 15% of the still outstanding claim(s) of CPP-wines | Selected by Dronk against the Buyer. The amounts entered in the books of CPP-wines | Selected by Dronk for the aforementioned costs shall provide full evidence of the extent of the aforementioned costs, save for obvious clerical, arithmetical or other errors.

Article 12 - Force majeure
1. Insofar as the obligations of CPP-wines | Selected by Dronk are to be regarded as obligations to achieve a specific result, all circumstances of such a nature that (timely) performance of the Agreement cannot reasonably be required shall be regarded as force majeure. Such circumstances shall include, among others: the complete or partial default of a third party from whom goods and/or services are to be received, restrictive government measures of whatever nature, epidemics, mobilisation, war, strikes, occupation of the business, illness of staff, business disruptions, seizure, fire, defects in machinery, including date-related malfunctions, late or defective delivery of raw materials and auxiliary materials, end products and packaging materials, refusal or failure to obtain an import licence or other necessary government permission, obstruction of imports and exports by governments or third parties, and furthermore any other circumstance that CPP-wines | Selected by Dronk could not reasonably have foreseen and over which it cannot exert any influence.
2. If in the opinion of CPP-wines | Selected by Dronk the force majeure will be of a temporary nature, CPP-wines | Selected by Dronk has the right to suspend the performance of the Agreement until the circumstance constituting the force majeure no longer exists.
3. If a force majeure situation has lasted six months, CPP-wines | Selected by Dronk is entitled to dissolve the Agreement by registered letter. In that case, the obligations under the Agreement shall come to an end, without the parties being able to claim compensation or any other performance from each other. In the event of partial performance on our part, the Buyer shall owe a proportionate part of the total price.
4. The party that believes it is (or will be) in a situation of force majeure must immediately notify the other party thereof in writing.

Article 13 - Right of retention
In the event that CPP-wines | Selected by Dronk holds goods of the Buyer - whether or not specially manufactured by CPP-wines | Selected by Dronk for the Buyer - it is entitled to retain those goods until the moment at which the Buyer has fulfilled all his obligations arising from the Agreement or other Agreements, unless the Buyer has provided adequate security for those obligations. CPP-wines | Selected by Dronk also has the right of retention in the event that the Buyer is declared bankrupt or is granted a suspension of payments.

Article 14 - Liability of CPP-wines | Selected by Dronk; indemnification
1. With due observance of the following, CPP-wines | Selected by Dronk is only liable for shortcomings in the performance of the Agreement insofar as these are the result of a failure by CPP-wines | Selected by Dronk to observe the care, expertise and craftsmanship that could be relied upon in the performance of the Agreement.
2. CPP-wines | Selected by Dronk is never liable for consequential damage, damage due to loss of profit, consequential damage, immaterial damage or damage arising from claims of third parties against the Buyer, or any other damage whatsoever.
3. CPP-wines | Selected by Dronk is never liable for damage arising from use of the delivered goods other than for the purpose for which the delivered goods are intended.
4. CPP-wines | Selected by Dronk is never liable for damage that, according to the standards customary in the industry, it could not reasonably have insured against at the time of entering into the Agreement.
5. CPP-wines | Selected by Dronk is not liable for damage suffered by the Buyer or third parties as a result of any date-related malfunction, neither insofar as it occurs in aids used by CPP-wines| Selected by Dronk, or by third parties engaged by it, in the performance of the Agreement, nor insofar as it should occur after delivery by CPP-wines | Selected by Dronk at the premises of the Buyer or third parties.
6. The compensation to be paid by CPP-wines | Selected by Dronk shall in no event exceed the purchase price to be received or already received by CPP-wines | Selected by Dronk under the Agreement. If the Agreement concerns an Agreement with a term of more than six months, the compensation to be paid by CPP-wines | Selected by Dronk shall never exceed the purchase price to be received or already received by CPP-wines | Selected by Dronk over the last six months preceding the occurrence of the event causing the damage.
7. The compensation to be paid by CPP-wines | Selected by Dronk shall in no event exceed the amount it will (be able to) receive from the insurance companies under the insurance policies it has taken out with respect to the event causing the damage.
8. CPP-wines | Selected by Dronk is not liable for damage suffered by third parties in connection with the goods delivered by CPP-wines | Selected by Dronk including:
a. claims of third parties, including employees of the Buyer, who suffer damage as a result of unlawful acts of employees of CPP-wines | Selected by Dronk who have been made available to the Buyer and work under his supervision or on his instructions;
b. claims of third parties who suffer damage as a result of a defect in goods delivered by CPP-wines | Selected by Dronk that were used, modified or resupplied by the Buyer with the addition of, or in conjunction with, the Buyer's own products or services, unless the Buyer proves that the defect is not the result of use, modification or resupply as referred to above.
The Buyer indemnifies CPP-wines | Selected by Dronk against the damage referred to above.
9. If and insofar as CPP-wines | Selected by Dronk should be liable in respect of the performance of Agreements and deliveries, CPP-wines | Selected by Dronk has the right, at its option, either to deliver replacement goods, or to repair the goods, or to credit the Buyer for a proportionate part of the purchase price.

Article 15 - Retention of title
1. Delivered goods remain the property of CPP-wines | Selected by Dronk, until the moment at which all deliveries and work performed or yet to be performed by CPP-wines | Selected by Dronk for the Buyer, including interest and costs, have been paid for by the Buyer. During the period in which delivered goods are still the property of CPP-wines | Selected by Dronk, the Buyer is obliged to properly maintain these goods.
2. CPP-wines | Selected by Dronk is at all times entitled to remove (or have removed) the delivered goods from the Buyer or the Buyer's holder on the basis of the provisions of this article, if the Buyer fails to fulfil his obligations. The Buyer must cooperate in this, on penalty of a fine of 10% of the order amount excluding VAT, with a minimum of EUR 1.135,--, without prejudice to the right of CPP-wines | Selected by Dronk to claim full compensation. As long as the goods remain the property of CPP-wines | Selected by Dronk the Buyer may only treat or process them in his normal course of business, or resell them with the written consent of CPP-wines | Selected by Dronk. Conditions may be attached to this consent. Pledging, however, is never permitted. In the event of a breach of this obligation, the Buyer shall forfeit, without any further notice of default being required, an immediately payable fine of EUR 22.625,--, and the purchase price shall be immediately payable in full, without prejudice to the right of CPP-wines | Selected by Dronk to claim full compensation.
3. In the event that the Buyer treats or processes the goods owned by CPP-wines | Selected by Dronk, the right of ownership shall also extend to these treated or processed goods, until the Buyer has fulfilled all obligations resting on him towards CPP-wines | Selected by Dronk. If the Buyer has sold the goods without the consent of CPP-wines | Selected by Dronk, he is obliged to transfer the right to the purchase price and/or other rights connected with the transfer to third parties to CPP-wines | Selected by Dronk immediately and without any other act being required, without prejudice to the provisions of the previous paragraph. The Buyer is obliged, at the first request, to notify his counterparty of the transfer of the claim, so that CPP-wines | Selected by Dronk can collect the amount due directly from the second buyer. The amount paid by the second buyer to CPP-wines | Selected by Dronk shall be deducted from the amount owed by the Buyer to CPP-wines | Selected by Dronk. The Buyer is also obliged, upon resale, to stipulate the same retention of title as stated in this provision.

Article 16 - General
1. If one or more provisions of the Agreement between CPP-wines | Selected by Dronk and the Buyer are null and void or are annulled, the remainder of the Agreement shall remain in force. With regard to the provisions that are null and void or have been annulled, the parties shall consult in order to agree on a replacement arrangement that is in line with the arrangements already made.
2. Except with the prior written consent of CPP-wines | Selected by Dronk, the Buyer is not permitted to transfer to third parties, or to encumber, in any way the (claim) rights under the Agreement against CPP-wines | Selected by Dronk.

Article 17 - Suspension and dissolution
The parties expressly agree that the Agreement shall be dissolved without judicial intervention and without any notice of default being required, at the moment at which one of them is declared bankrupt, applies for a provisional suspension of payments, or, through attachment, placement under guardianship or otherwise, loses the power of disposal over his assets or parts thereof.

Article 18 - Applicable law and disputes
1. These terms and conditions and the Agreement(s) in which reference is made to them are governed exclusively by Dutch law.
2. All disputes, including those that are regarded as such by only one party, arising from or in connection with the Agreement to which these terms and conditions apply, or the terms and conditions themselves and their interpretation or implementation, whether of a factual or legal nature, may only be submitted for settlement to the competent court in 's-Gravenhage.

Annex I: Model withdrawal form

Model withdrawal form
(only complete and return this form if you wish to withdraw from the Agreement)

- To: [ name of trader]
[ geographical address of trader]
[ fax number of trader, if available]
[ e-mail address or electronic address of trader]

- I/We* hereby inform you that our Agreement concerning
the sale of the following products: [designation of product]*
the supply of the following digital content: [designation of digital content]*
the provision of the following service: [designation of service]*,
is hereby revoked by me/us*

- Ordered on*/received on* [date of order in the case of services or of receipt in the case of products]

- [Name of consumer(s)]

- [Address of consumer(s)]

- [Signature of consumer(s)] (only if this form is submitted on paper)

* Delete what does not apply or complete what does apply.