Terms of service

Article 1. Applicability

1.1 These General Terms and Conditions of Sale (hereinafter: Terms and Conditions) apply to all offers, orders, and agreements of Terra Wine Trend BV (Draco Spirit Webshop), to the exclusion of any other general terms and conditions.

1.2 All rights and claims stipulated in these Terms and Conditions and in any subsequent agreements for the benefit of Terra Wine Trend BV (Draco Spirit Webshop) are also stipulated for the benefit of intermediaries and other parties engaged by Terra Wine Trend BV (Draco Spirit Webshop).

1.3 Deviations from the provisions of these Terms and Conditions are only permitted in writing, in which case the remaining provisions remain in full force and effect.

1.4 Placing an order constitutes your unconditional acceptance of the applicability of these Terms and Conditions.

Article 2. Agreement and Offers

2.1 All offers from Terra Wine Trend BV (Draco Spirit Webshop) are non-binding, and Terra Wine Trend BV (Draco Spirit Webshop) expressly reserves the right to change prices, particularly when required by (legal) regulations or in the event of publication and/or printing errors.

2.2 An agreement is only concluded after Terra Wine Trend BV (Draco Spirit Webshop) accepts your order. Terra Wine Trend BV (Draco Spirit Webshop) reserves the right to refuse orders or impose certain conditions on delivery, unless expressly stated otherwise.

2.3 By accepting the General Terms and Conditions, you declare that you are at least 18 years of age when placing an order. The date of birth entered will also be verified to meet the minimum age requirement of 18. Terra Wine Trend BV (Draco Spirit Webshop) will not process orders placed by persons under the age of 18.

Article 3. Delivery

3.1 The delivery times stated by Terra Wine Trend BV (Draco Spirit Webshop) are indicative only. Exceeding any delivery time does not entitle you to compensation, nor does it entitle you to cancel your order or terminate the agreement, unless the delivery time is so late that you cannot reasonably be expected to maintain the agreement. In that case, you are entitled to cancel the order or terminate the agreement to the extent necessary.

3.2 We deliver our drinks throughout the Netherlands free of charge for orders over €25. The prices for wines you can order online in our webshop are also exactly the same as in our store, unless specifically stated otherwise. For orders in non-standard (gift) packaging, different delivery costs apply, to be determined by Terra Wine Trend BV (Draco Spirit Webshop). Article 4. Rates and Payments

4.1 The prices listed for the products and services offered are in euros, including VAT and excluding handling and shipping costs, any taxes or other levies, unless otherwise stated or agreed in writing.

4.2 Payment must be made without any offset within fourteen days of the invoice date.

4.3 Payment can also be made by iDEAL, credit card, or advance payment.

4.4 If you exceed the payment term, you will be in default from the day the payment should have been made and will owe default interest of 1% per month or part thereof on the outstanding amount from that day. If payment is made after a reminder from Terra Wine Trend BV (Draco Spirit Webshop), you will owe an administration fee of fifteen euros (€15.00). If Terra Wine Trend BV (Draco Spirit Webshop) outsources its claim for collection, you will also owe the collection costs.

4.5 If you default on any payment, Terra Wine Trend BV (Draco Spirit Webshop) is entitled, without notice of default, to suspend the performance of the relevant agreement and related agreements, or to terminate them while retaining its rights.

Article 5. Retention of Title

5.1 Ownership of delivered products will only be transferred if you have paid everything you owe to Terra Wine Trend BV (Draco Spirit Webshop) under any agreement. The risk associated with the products transfers to you at the time of shipment.

Article 6. Complaints and Liability

6.1 You are obligated to check whether the products comply with the agreement upon delivery. If this is not the case, you must notify Terra Wine Trend BV (Draco Spirit Webshop) in writing and with reasons as soon as possible, and in any case within five business days of delivery. If it is demonstrated that the products do not comply with the agreement, Terra Wine Trend BV (Draco Spirit Webshop) has the option to cancel the relevant agreement.

You are entitled to replace returned products with new products or to refund the invoice value.

6.2 If you do not wish to purchase a product for any reason, you have the right to return it to Terra Wine Trend BV (Draco Spirit Webshop) within seven business days of delivery. Returns will only be accepted if the original packaging, including the product label, is undamaged. You are responsible for the return shipping costs. Any payment arrangements will automatically be canceled upon return of products. Article 7. Orders/Communication

7.1 Terra Wine Trend BV (Draco Spirit Webshop) is not liable for any alterations, delays, or improper transmission of orders and communications resulting from the use of the internet or any other means of communication between you and Terra Wine Trend BV (Draco Spirit Webshop), or between Terra Wine Trend BV (Draco Spirit Webshop) and third parties, insofar as this relates to the relationship between you and Terra Wine Trend BV (Draco Spirit Webshop), unless and insofar as there is intent or gross negligence on the part of Terra Wine Trend BV (Draco Spirit Webshop).

Article 8. Force Majeure

8.1 Without prejudice to its other rights, Terra Wine Trend BV (Draco Spirit Webshop) has the right, in the event of force majeure, to suspend the execution of your order or to terminate the agreement without judicial intervention, at its own discretion. Without Terra Wine Trend BV (Draco Spirit Webshop) being liable for any damages, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.

Article 9. Pressing

9.1 If you provide Terra Wine Trend BV (Draco Spirit Webshop) with an address in writing, Terra Wine Trend BV (Draco Spirit Webshop) is entitled to send all orders to that address, unless you provide Terra Wine Trend BV (Draco Spirit Webshop) with a different address in writing to which your orders should be sent.

9.2 If Terra Wine Trend BV (Draco Spirit Webshop) has permitted deviations from these terms and conditions, either tacitly or otherwise, for a short or long period of time, this does not affect its right to subsequently demand immediate and strict compliance with these terms and conditions. You can never assert any right based on the fact that Terra Wine Trend BV (Draco Spirit Webshop) applies these terms and conditions flexibly.

9.3 Terra Wine Trend BV (Draco Spirit Webshop) is authorized to engage third parties in the execution of your order(s).

9.4 Terra Wine Trend BV (Draco Spirit Webshop) reserves the right to amend these terms and conditions at any time.

Article 10. Withdrawal Period

10.1 The consumer can cancel an agreement regarding the purchase of a product within a cooling-off period of 30 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but is not obligated to state their reason(s). 10.2 The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, other than the carrier, has received the product,

or: a. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that they have clearly informed the consumer of this prior to the ordering process.

if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by them, has received the last shipment or the last part;

for agreements for regular delivery of products over a specific period: the day on which the consumer, or a third party designated by them, has received the first product.
Article 11. Obligations of the consumer during the cooling-off period

11.1 During the cooling-off period, the consumer shall handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning 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 shop.

11.2. The consumer is only liable for any diminished value of the product resulting from handling the product beyond what is permitted in paragraph 1.

11.3. The consumer is not liable for any diminished value 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 12 - Exercise of the consumer's right of withdrawal and the associated costs

12.1 If the consumer exercises their right of withdrawal, they must notify the entrepreneur within the cooling-off period using the model withdrawal form or in another unambiguous manner.

12.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer must return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product itself. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.

12.3 The consumer must return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

12.4 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.

12.5 The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs, or if the entrepreneur indicates that they will bear the costs themselves, the consumer is not required to bear the return costs.

12.6 If the consumer withdraws after first expressly requesting that the performance of the service or the supply of gas, water, or electricity not prepared for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to the portion of the agreement fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the agreement.

12.7 If the consumer exercises their right of withdrawal, all supplementary agreements are automatically terminated.

Article 13 - Obligations of the entrepreneur upon withdrawal

13.1 If the entrepreneur enables the consumer to notify the consumer of withdrawal electronically, they will immediately send an acknowledgement of receipt after receiving this notification.

13.2 The entrepreneur will reimburse all payments made by 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 them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may withhold reimbursement until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.

13.3 The entrepreneur will use the same payment method used by the consumer for reimbursement, unless the consumer agrees to a different method. Reimbursement is free of charge for the consumer.

13.4 If the consumer has opted for a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.

General Information

Director

Turgay Tufekcioglu

Terra Wine Trend BV (Draco Spirit Webshop)

De Vecht 14J

8253PH Dronten

Chamber of Commerce number: 76159450