Algemene voorwaarden
1. General
1.1 The Beverage House Holding B.V. is a trade name of the private limited liability company, The Beverage House Holding B.V., and its affiliated (subsidiary) companies, legally established in Eindhoven and having its office in Eindhoven, the Netherlands. Whenever referring to The Beverage House Holding B.V., it will always mean the private limited liability company, The Beverage House Holding B.V.
1.2 The Beverage House Holding B.V. is registered with the Chamber of Commerce under number 90851048. The VAT number of The Beverage House Holding B.V. is NL865476457B01.
2. Application
2.1 These general terms and conditions apply to all agreements between The Beverage House Holding B.V. as the supplier on one hand, and the buyer on the other hand, regarding products and services offered for sale by The Beverage House Holding B.V. through the Website (the "Products"). The applicability of any general terms and conditions of the buyer or seller is expressly rejected by The Beverage House Holding B.V.
2.2 If any provision of these general terms and conditions is nullified, annulled, or unenforceable, both parties will enter into consultations to arrive at substitute provisions that best respect the intent of the original article.
3. Proposals
3.1 All offers from The Beverage House Holding B.V. are non-binding and no rights can be derived from them. Offers are subject to the availability of the Products as displayed on the Website at the time of ordering.
3.2 Typographical errors are reserved at all times.
4. Agreement and Invoicing
4.1 The agreement between The Beverage House Holding B.V. and the buyer is established at the moment when the buyer completes the steps of the ordering process through the website or submits a fully filled and signed order form to The Beverage House Holding B.V., providing all required information.
4.2 After receiving the fully filled digital or filled and signed order form, the agreement between The Beverage House Holding B.V. and the buyer is irrevocable and cannot be terminated by the buyer. However, The Beverage House Holding B.V. reserves the right to terminate the agreement with the buyer within 24 hours of its establishment without any obligation to pay damages.
4.3 After the conclusion of the agreement, The Beverage House Holding B.V. will prepare an invoice and send it to the buyer as a PDF file via email or hand it over in person. The Beverage House Holding B.V. will not send a paper invoice by post, which is explicitly accepted by the buyer.
5. Prices
5.1 The Beverage House Holding B.V. cannot be held liable for any discrepancies in prices, images, and texts of the Products as displayed and mentioned on the Website.
5.2 The prices of the Products as listed on the Website for private consumers include VAT, exclude packaging, include packaging tax, and exclude delivery costs.
5.3 The prices of the Products as listed on the Website for business orders are exclusive of VAT, exclusive of packaging, include packaging tax, and exclude delivery costs.
6. Sales territory
6.1 The Beverage House Holding B.V. delivers ordered Products exclusively within the Netherlands and, with formal approval from the management, to other countries. The Beverage House Holding B.V. is located at Anderlechtstraat 15 (unit 5.8), 5628 WB Eindhoven, Netherlands. Email: info@thebeveragehouse.com, Phone: +31 638375945.
7. Delivery costs
7.1 The prices of the Products as mentioned on the Website are excluding delivery costs. 7.2 Sales to individuals. For preparing, checking, transporting, and delivering an order, as well as age verification, the buyer is required to pay a contribution towards the delivery costs. The amount of this contribution depends on the total amount of goods, excluding packaging, surcharges, and VAT, included in your order. 7.3 Sales to businesses. For preparing, checking, transporting, and delivering an order, the buyer is required to pay a contribution towards the delivery costs. The amount of this contribution depends on the total amount of goods, excluding packaging, surcharges, and VAT, included in your order. For orders below €300,-, the delivery costs are €25,-. However, for orders of €300,- or more, the delivery and the first return pallet are free of charge.
8. Delivery and Delivery Time
8.1 The Beverage House Holding B.V. sells its Products to companies registered in the Commercial Register of the Chamber of Commerce and to individuals.
8.2 If the buyer places and pays an order before 13:00 in the afternoon, the respective order will be shipped by The Beverage House Holding B.V. within 2 to 5 business days after receiving the payment, unless the buyer specifies a different delivery date on the Website, which will be no later than one month after the initial delivery date.
8.3 The above-mentioned delivery times are indicative and do not constitute a binding deadline. The buyer cannot derive any rights from the indicative delivery times. The Beverage House Holding B.V. cannot be held liable for any damage incurred by the buyer due to exceeding the indicated indicative delivery times.
8.4 Delivery of the ordered Products by the buyer takes place 'Ex Warehouse,' meaning from the warehouses of The Beverage House Holding B.V. Therefore, ownership and risk of the ordered Products are transferred to the buyer at the moment the ordered Products leave the warehouse of The Beverage House Holding B.V.
8.5 The Beverage House Holding B.V. is entitled to deliver the ordered Products to the buyer in partial deliveries. Any additional costs associated with partial deliveries will be borne by The Beverage House Holding B.V.
8.6 The ordered Products by the buyer will be delivered to the specified delivery address by an external carrier. If no one is present to receive the Products upon delivery, the carrier will make a one-time free re-delivery at a later time and/or contact the buyer to arrange a new delivery appointment. For the second (and subsequent) delivery, The Beverage House Holding B.V. will charge delivery costs.
9. Safe payment
9.1 The buyer can pay for the ordered Products through iDEAL, payment request, by advance payment, or by cash on delivery.
10. Complaints, Investigation Obligation, and Performance
10.1 If The Beverage House Holding B.V. delivers incorrect or the wrong quantity of Products, the buyer must notify The Beverage House Holding B.V. within 24 hours of delivery. Incorrectly delivered Products will be exchanged or picked up by The Beverage House Holding B.V. within 5 working days, free of charge, provided that the respective Products are unopened, undamaged, and in their original packaging. The Beverage House Holding B.V. will promptly deliver any mistakenly non-delivered Products free of charge.
10.2 If the buyer receives a damaged Product, the buyer must notify The Beverage House Holding B.V. within 24 hours of delivery via email (info@thebeveragehouse.com) and provide evidence in the form of a photo. Upon receipt and approval of the photo by The Beverage House Holding B.V., The Beverage House Holding B.V. will, at the buyer's choice, (i) refund the purchase amount of the respective Product to the buyer, or (ii) promptly deliver the respective Product free of charge. The Beverage House Holding B.V. is entitled at all times to inspect the claimed breakage on-site as reported by the buyer.
10.3 If the buyer does not report any inaccuracies in the delivery within 24 hours of receipt of the order, as described in paragraphs 1 and 2 of this article, the delivery will be considered complete and correct, and the buyer's rights as mentioned in the above articles will be forfeited.
10.4 The Beverage House Holding B.V. shall not be liable for any damages other than property and/or personal damages. The Beverage House Holding B.V. Anderlechtstraat 15 (unit 5.8), 5628 WB Eindhoven, info@thebeveragehouse.com www.sacle.nl.
10.5 All deliveries are made by The Beverage House Holding B.V. or contracted external transporters. These transporters only provide delivery services. Therefore, the return of packaging is not possible.
11. Liability and compensation
11.1 The Beverage House Holding B.V. can only be held liable for damages attributable to its intent or gross negligence, or arising from circumstances for which it is liable under mandatory legal provisions.
11.2 Force majeure situations that are not at the risk of The Beverage House Holding B.V. include, but are not limited to, illness, import, export, and/or transit bans, transportation issues, non-timely or deficient performance of obligations by suppliers or carriers, and disruptions in production.
11.3 The Beverage House Holding B.V. cannot be held liable for damages to third parties, and the buyer indemnifies The Beverage House Holding B.V. against any claims for damages from third parties. The Beverage House Holding B.V. is also not liable for damages caused by external carriers engaged by The Beverage House Holding B.V., unless such damages are attributable to the intent or gross negligence of the external carrier.
11.4 The Beverage House Holding B.V. is never obligated to provide compensation for damages other than property and/or personal injury.
11.5 The provisions in the previous article and this article do not affect the legal liability of The Beverage House Holding B.V. under mandatory legal provisions.
12. Personal data
12.1 The Beverage House Holding B.V. complies with the legal regulations regarding the protection of personal data, as stipulated in the Personal Data Protection Act. Buyers always have the option to access, modify, or delete their own data. This can be done by sending an email to info@thebeveragehouse.com.
12.2 The Beverage House Holding B.V. will include the data provided by the buyer in a file. These data will be used for the execution of the buyer's order and will be retained for as long as necessary to handle any complaints arising from the execution of the order.
13. Applicable law/jurisdiction
13.1 Dutch law applies to all legal relationships between The Beverage House Holding B.V. and the buyer.
13.2 Any disputes arising from this agreement or any subsequent agreements resulting from it shall be settled in accordance with the Rules of the Dutch Arbitration Institute or, if The Beverage House Holding B.V. chooses, by the competent court in Amsterdam. The proceedings will be conducted in the Dutch language. The arbitral tribunal will decide according to the rules of law.
14. Age of the buyer
14.1 The buyer declares, by agreeing to these terms, to be at least 18 years old and/or to have reached the minimum legal age for the purchase of alcohol, and to intend to consume the products in accordance with legal standards, whether for personal use or resale.