General Terms and Conditions of Biertap.eu, established in Achterveld, a trade name of 30 knots, also established in Achterveld
Version valid from 01-01-2018
1.1 These general terms and conditions apply to all products, services and offers of and by Biertap.eu. These conditions are publicly accessible and made available on the Biertap.eu website. A print copy is available on request.
1.2 By placing an order, you indicate that you agree with these (general) terms of delivery and payment.
1.3 Biertap.eu is entitled to alter these conditions. Such alterations enter into effect on the time indicated.
1.4 Biertap.eu shall publish the altered conditions in a timely fashion. If no time of entry into force is indicated, the alteration shall come to apply to the customer once they are informed thereof by Biertap.eu.
1.5 Unless otherwise agreed upon in writing, the general or specific conditions or stipulations of third parties are not acknowledged by Biertap.eu.
1.6 Biertap.eu guarantees that the product supplied meets the terms of the agreement and the specifications indicated in the offer.
2.1 Delivery shall take place while stocks last.
2.2 Delivery shall be made in accordance with the applicable Incoterm: Ex Works. Should the customer refuse to take possession of the product at the agreed-upon time or fail to provide the information or instructions required to effect delivery, Biertap.eu is entitled to store the products at the account and risk of the customer.
2.3 If the parties explicitly agree that Biertap.eu arranges for the transportation of the products, both the costs and the risk of damage or loss during transportation are for the account of the customer.
2.4 In accordance with the remote sale regulations, Biertap.eu shall process orders within no more than 30 days. Should it be impossible to effect delivery within this term (because the product ordered is not in stock or is no longer available) or in case of delays for any other reason, or if an order cannot be processed or only partially so, them the customer shall receive notice thereof within no more than 1 month after placement of the order and shall be entitled to cancel the order at no cost and without a notice of default being required.
2.5 Goods are deemed to have been delivered once Biertap.eu has informed the customer that the goods, yet to be partly or wholly assembled or otherwise, are present with the user or a third party to be retrieved or to be shipped on the instructions of the customer. All risk associated with the goods delivered are borne by the customer from the moment of delivery.
2.6 Except where proof to the contrary is furnished, the obligation of Biertap.eu to effect delivery shall be deemed to have been met once Biertap.eu has offered the goods supplied to the customer once. In case of home delivery, the report of the carrier stating that acceptance was refused serves a sufficient proof of the offer to effect delivery.
2.7 The terms within which delivery is effected stated in offers, agreements or elsewhere are at all times made by Biertap.eu to the best of its knowledge and shall be adhered to as closely as possible, but are not binding. All terms referred to on the website are indications only and no rights may be derived therefrom.
2.8 Whenever an order of alcoholic beverages is retrieved from or supplied by Biertap.eu, Biertap.eu shall require the customer to show proof of identity if there is any doubt about the age of the person the order is handed over to. The requirement to provide proof of one's age applies at any rate until the age of 25. Valid proofs of identity include a national passport and a European identity card. Should the minimum age requirement not be met, Biertap.eu is unfortunately obliged to take back the order or to not hand it over. If the order cannot be supplied because no proof could be provided of the customer meeting the age requirement, the customer shall be charged cancellation costs of EUR 10. We do so to discourage minors from trying to place orders.
3.1 Unless statutory measures so require or the manufacturer implements an interim price rise, the agreed price will not be increased during the term of the offer.
3.2 All prices listed on the website are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices are in euros and are exclusive of VAT and other government levies. Any special additional costs relating to the import and/or inward clearance of the goods to be supplied by Biertap.eu to the customer are not included in the price and are, therefore, for the account of the customer.
3.4 The amounts listed on the Biertap.eu webshop are based on the prices, rates, wages, taxes and other factors relevant to the price level as applicable at the time of the offer. Should there be a change in one or more of these factors after confirmation of the order, the user is entitled to adjust the price correspondingly. Should a price increase be effected pursuant to the present provision and this increase amounts to more than 10% of the total agreed amount, the customer is then entitled to cancel the agreement in writing within eight days from the time they become aware or should have become aware of the price increase.
4. Approval period / right of withdrawal
4.1 In the case of consumer sale in accordance with the Remote Selling Act (Section 7:5 of the Dutch Civil Code), the customer is entitled to return (part of) the goods supplied without stating reasons. The customer is obliged to inform Biertap.eu in writing of the decision to return the goods within a term of 14 days from the time of delivery prior to effecting such return. This term starts the moment the ordered goods have been delivered. From that moment on, you have 14 days to return the product after having informed Biertap.eu of your cancellation. The customer must prove that the goods supplied have been returned in time, for example by way of a proof of mail delivery. If the customer has failed to return the goods supplied to Biertap.eu upon the lapse of this term, the purchase is effected. The goods must be returned in their original packaging (including the accessories and associated documentation) and in new condition. If the goods have been used, encumbered or in any way damaged while in the customer's possession, the right to cancellation pursuant to this paragraph lapses. With due observance of the provisions of the previous sentence, Biertap.eu shall ensure that the amount of the order, including shipping costs, are refunded to the customer within 14 days of receipt of the return shipment. Should a consumer invoke their right of withdrawal but fail to return the entire order, the shipping costs (if any) and the costs of the return are borne by the customer. The return of the goods supplied is effected completely for the account and risk of the customer.
4.2 The right to cancellation as referred to in the previous paragraph relates only to the goods supplied.
5. Data management
5.2 Biertap.eu respects the privacy of the users of its website and ensures that your personal data are processed confidentially.
5.3 In some cases, Biertap.eu makes use of a mailing list. Each mailing contains instructions on how to remove yourself from this list.
6.1 Biertap.eu guarantees that the products it supplies meet all requirements with respect to usability, reliability and service life as reasonably expected by the parties to the purchase agreement and therefore warrants the manufacturer's guarantee of the product supplied to you.
6.2 Biertap.eu's guarantee period corresponds to the manufacturer's guarantee period. However, Biertap.eu is never responsible for the final suitability of the goods for every individual use thereof by the customer, nor for any advice rendered on the use or application of the goods.
6.3 The customer is obliged immediately to inspect the goods supplied on receipt. If it appears that the good supplied is the incorrect one, is defective or is incomplete, the customer must immediately inform Biertap.eu of these defects in writing prior to returning it to Biertap.eu. Biertap.eu must and can be informed in writing of any and all defects and goods incorrectly supplied within no more than 2 weeks from the date supply was effected. The goods must be returned in their original packaging (including the accessories and associated documentation) and in new condition. This right of complaint and return lapses in full if the good is put to use after the defect has been identified, in case of damage occurring after the time the defect has been identified and in case the good is encumbered and/or sold on after the defect has been identified.
6.4 In the event that Biertap.eu considers the complaints of the customer to be well-founded, Biertap.eu will, at its discretion, replace the goods supplied free of cost or agree on a written arrangement for compensation with the customer, subject to the proviso that the liability of Biertap.eu and, thus, the amount of compensation due shall at all times be limited to no more than the invoice amount of the goods concerned or, at Biertap.eu's sole discretion, to the maximum amount covered by Biertap.eu's liability insurance in the case concerned. The liability of Biertap.eu for any other form of damage, including additional compensation of whatever nature, compensation for indirect damage or consequential damage or compensation for lost profits, is excluded.
6.5 Biertap.eu is not liable for any damage whatsoever caused by deliberate intent or equivalent wilful recklessness by non-managerial personnel.
6.6 This guarantee does not apply if: A) and for as long as the customer is in default of their obligations to Biertap.eu; B) the customer himself has repaired and/or modified the goods supplied or has had third parties repair and/or modify them; C) the goods supplied have been exposed to abnormal conditions or have otherwise been treated without exercising due care or contrary to the instructions of Biertap.eu and/or the instructions of use stated on the packaging; D) the faultiness results partially or fully from provisions on the nature or quality of the materials used imposed by or to be imposed by the government.
7.1 All offers are free of obligation, unless the offer itself states differently.
7.2 If the customer accepts an offer free of obligation, Biertap.eu reserves the right to retract or deviate from the offer within the term of 3 work days from the time of receipt of that acceptance.
7.3 Oral commitments shall have a binding effect on Biertap.eu only after they have been expressly confirmed in writing.
7.4 Offers made by Biertap.eu do not automatically apply to repeat orders.
7.5 Biertap.eu cannot be held to comply with an offer it has made if the customer should have realised that the offer, or a part thereof, contained an obvious mistake or error in writing.
7.6 Additions, alterations and/or further agreements have effect only if agreed to in writing.
8.1 Biertap.eu and a customer enter into an agreement after Biertap.eu has assessed the order on its feasibility.
8.2 Biertap.eu retains the right not to accept orders, or to accept it only under the condition that the order is sent cash on delivery or following prepayment, without stating reasons.
9. Illustrations and specifications
9.1 All illustrations; photos, drawings, etc.; data on, inter alia, weights, measurements, colours, label images, etc. available on the Biertap.eu website serve as an approximation and indication only and cannot provide cause for damages or the cancellation of the agreement.
10. Force majeure
10.1 Biertap.eu cannot be held liable if and to the extent it is unable to fulfil its obligations as a consequence of force majeure.
10.2 Force majeure is taken to mean every external cause or circumstance the risk of which it cannot be reasonably be deemed to bear. Delays due to breach of contract by our suppliers, Internet failures, electricity outages, e-mail traffic disruptions and failures of or changes in the technology provided by third parties, transport problems, work strikes, government measures, delays in supply, negligence by the Biertap.eu suppliers and/or manufacturers or agents, sickness of staff, and defects in equipment and means of transport all expressly qualify as situations of force majeure.
10.3 Biertap.eu retains the right to suspend its obligations in the event of force majeure and is also entitled to terminate the agreement in part or in full or to claim that the contents of the agreement be changed in such as fashion as to allow for its implementation. Biertap.eu is in no case obliged to pay any fines or damages.
10.4 If Biertap.eu has fulfilled part of its obligations or is able to fulfil only part of its obligations once the situation of force majeure occurs, it is entitled to invoice that part already supplied or the supply of which is still possible, while the customer is obliged to pay this invoice as if it constituted a separate contract. However, this does not apply if the part already supplied or the supply of which is still possible does not have independent value.
11.1 Biertap.eu accepts no liability for any physical and/or psychological harm or for damage done to vehicles or other objects as a result of the improper use of the products. Before use, read the instructions on the packaging and/or consult our website.
11.2 Biertap.eu accepts no liability in connection with excessive drinking by the user or to third parties the customer made the goods available to or for any damage, of whatever nature, related thereto.
12. Retention of title
12.1 Biertap.eu retains the title to all goods sold and supplied to the customer for as long as the customer has failed to pay all claims by Biertap.eu arising from the agreement or from any previous or later similar agreements, the customer has failed to pay for the work performed or to be performed under this or similar agreements, and the customer has failed to pay all claims by Biertap.eu in connection with the failure to observe such commitments, including claims with respect to fines, interest and costs, as referred to in Section 3:92 of the Dutch Civil Code.
12.2 The goods supplied by Biertap.eu covered by this retention of title may be sold on only within the framework of the normal operation of business and may never be used as an instrument of payment.
12.3 The customer is not entitled to pledge or otherwise encumber the goods covered by the retention of title.
12.4 The customer hereby unconditionally and irrevocably allows Biertap.eu or any third party appointed by Biertap.eu to enter all sites where its property is located and collect it from those places when it wishes to exercise its right to retention of title.
12.5 If any third parties wish to attach, or create or exercise rights on, the goods supplied under application of the right to retention of title, the customer is obliged to inform Biertap.eu thereof as soon as may reasonably be expected.
12.6 The customer commits to insure the goods supplied under application of the right to retention of title against fire, damage caused by explosions or water, and theft, to keep them so insured, and to submit the insurance policy to Biertap.eu for inspection at the latter's request.
13. Applicable law/competent court
13.1 All agreements are subject to Dutch law.
13.2 Should any provision of the agreement concluded by the parties, including these conditions, be contrary to mandatory rules of law, or be declared null and void by the court for any other reason, the parties are deemed to have agreed to what is closest in meaning to the provision contrary to mandatory rules of law or declared null and void by the court that is not contrary to the law or null and void. In the event that any provision is contrary to mandatory rules of law or is declared null and void by the court, such will affect only the provision concerned and does not affect the agreement in its entirety.
13.3 The competent court in the district of Utrecht shall hear all disputes arising from an agreement between Biertap.eu and the customer that cannot be resolved in mutual consultation, unless Biertap.eu prefers to bring the dispute before the competent court of the customer's place of residence, all such with the exclusion of all disputes falling within the jurisdiction of the subdistrict court.