Article 1. Applicability
1.1 All offers, orders and agreements from Libre Wines, to the exclusion of any other general terms and conditions, are subject to these General Terms and Conditions of Sale (hereafter: terms and conditions).
1.2 All rights and claims, as stipulated in these terms and conditions and in any other agreements on behalf of Libre Wines, are also stipulated on behalf of intermediaries and other parties contracted by Libre Wines.
1.3 Deviations from the terms and conditions are only possible in writing, in which case the other provisions shall remain in full force.
1.4 Placing an order implies that you unconditionally accept the applicability of these terms and conditions.
Article 2. Public & Privates Events
1.1 Due to local law, we offer events & tastings services off-site. We have multiple partner restaurants & events spaces within Utrecht for you to host your event. We regularly host events with winemakers, food events & private classes. Please contact us to discuss possibilities.
1.2 Our cellar is a shop exclusively and will not be used for the above.
Article 3. Agreement and offers
2.1 All offers made by Libre Wines are subject to change, and Libre Utrecht expressly reserves the right to change prices, in particular when this is required on the basis of (legal) regulations, or in the case of publication or printing errors.
2.2 An agreement only comes into being after acceptance of your order by Libre Wines. Libre Wines is entitled to refuse orders or to attach certain conditions to the delivery, unless expressly stated otherwise. Libre Utrecht will not process orders placed by people under the age of eighteen (18).
Article 4. Delivery
3.1 Delivery times provided by Libre Wines via the webshop are indicative. Exceeding a delivery time does not entitle you to compensation, nor does it entitle you to cancel your order or dissolve the agreement, unless the delivery time has been exceeded to the extent that you cannot reasonably be expected to abide by the agreement. You are in that case entitled to cancel the order or to dissolve the agreement as far as necessary. For all orders that are cancelled but within a reasonable condition to be accepted, the shipping rate will not be refunded.
3.2 The minimum order size is 1 bottle. There is a contribution to the delivery costs of € 8.00 per address within the Netherlands, regardless of the number of boxes ordered. Libre Utrecht will not charge delivery costs for orders that exceed € 150.00 in amount. For shipments to European addresses, Libre Utrecht will charge a separate delivery fee. Different (gift) packaging and packaging formats are subject to different delivery charges, to be determined by Libre Utrecht.
Article 5. 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 upon in writing.
4.2 Payment can be made by IDEAL, VISA or Mastercard.
4.3 Only after payment has been received by Libre Wines, will Libre Wines proceed with delivery.
4.4 If a problem occurs with the payment options listed under 4.2, and Libre Wines has already proceeded with delivery, the maximum payment term will be 10 working days. If this payment term is exceeded, you will be in default from the day on which payment should have taken place, and you will be liable for default interest of 1% per month or part of a month over the outstanding amount from that day. If payment is made following a reminder by Libre Utrecht, you shall be liable for an amount of fifteen euros (€15.00) in administration costs, and if Libre Utrecht outsources its claim for collection, you shall also be liable for collection costs.
4.5 If you are in default with any payment, Libre Wines is entitled to suspend or terminate the execution of the relevant agreement and any related agreements without notice of default and with retention of its rights.
Article 6. Retention of title
5.1 Ownership of delivered products is only transferred if you have paid all that is owed to Libre Wines on the basis of any agreement. The risk associated with the products is transferred at the time of receipt by you. Between shipment and delivery, Libre Wines bears the risk for the products to be delivered.
Article 7. Complaints, Liability and Returns
6.1 You are obliged to check whether the products meet the agreement upon delivery. Should this not be the case, you must inform Libre Wines in writing, stating reasons, as soon as possible and in any case within five calendar days after delivery. If it has been demonstrated that the products do not comply with the agreement, Libre Wines has the option of replacing the products in question with new products upon return, or refunding the invoice value.
6.2 If you do not wish to purchase a product for whatever reason, you have the right to return the product to Libre Wines within 14 calendar days after delivery. In this case, returns will only be accepted if the original packaging, including the product label (& closure) closure, are undamaged, whereby it also applies that you will be responsible for the costs of return shipments. When returning products, the purchase price excluding shipping costs will be refunded.
Article 8. Orders/communication
7.1 Libre Wines is not liable for misunderstandings, delays, or improper transmission of orders and messages as a result of the use of the Internet or any other means of communication in the traffic between you and Libre Wines, or between Libre Wines and third parties, as far as it relates to the relationship between you and Libre Wines, unless and insofar as there is a question of intention or gross negligence on the part of Libre Wines.
Article 9. Force Majeure
8.1 Without prejudice to its other rights, Libre Wines, in the event of force majeure, is entitled, at its discretion, to suspend execution of your order, or to terminate the agreement without legal intervention, and without Libre Wines being liable for any compensation, unless this would be unacceptable under the circumstances, according to standards of reasonableness and fairness. In the event that Libre Wines is unable to deliver a placed order due to force majeure, payments already made for the purchase and delivery of this order will be refunded.
Article 10. Miscellaneous
9.1 If you provide Libre Wines with an address in writing, Libre Wines is entitled to send all orders to this address, unless you provide Libre Wines with a different address in writing to which your orders should be sent.
9.2 If Libre Wines allows deviations from these terms and conditions, tacitly or otherwise, for a short or long period of time, this does not affect its right to demand direct and strict compliance with these terms and conditions. You can never assert any rights based on the fact that Libre Wines applies these terms and conditions flexibly.
9.3 Libre Wines is entitled to use third parties in the execution of your order(s).
9.4 Libre Wines reserves the right to change these terms and conditions at any time.
Article 11. Applicable Law and Competent Court
10.1 All rights, obligations, offers, orders and agreements to which these terms and conditions apply, as well as these terms and conditions, are exclusively governed by Dutch law.
10.2 All disputes between parties will be exclusively submitted to the competent court in the Netherlands.