MINIBREW GENERAL TERMS AND CONDITIONS
Article 1 – Definitions
In these General Terms and Conditions the following words shall mean:
1. Cooling-off Period: the period mentioned in article 6 of these general terms and conditions during which the Consumer-Buyer is entitled to exercise his/her cancellation rights;
2. Consumer-Buyer: a buyer, natural person, who is acting for purposes not related to his/her business or professional activities such as referred to in Section 7:5(1) BW [Dutch Civil Code];
3. Day: calendar day;
4. Digital contents: data produced and supplied in a digital form;
5. Durable Data Carrier: any device – including email – which enables the Buyer or MiniBrew to file information directed to him/her personally in a manner which makes it possible to consult or use this information in the future during a period in line with the purpose for which the information is meant and to reproduce the filed information unaltered;
6. Cancellation Right: the option for the Consumer-Buyer to cancel the Contract within the Cooling-off Period in case of distance selling, as referred to in Section 6:230(g)(1)(e) BW;
7. Buyer: the party with whom MiniBrew enters into a Contract. This party may be both a Consumer-Buyer and a Commercial Buyer;
8. MiniBrew: MiniBrew B.V., the user of these general terms and conditions;
9. Sample Form: the European Sample Form for Cancellation included in Annex 1 to these terms and conditions;
10. Contract: a contract between MiniBrew and the Buyer under which the Buyer buys products from MiniBrew and on the basis of which these products are delivered by MiniBrew (or a third party designated by MiniBrew) to the Buyer;
11. Commercial Buyer: a buyer acting within the scope of his commercial, business, trade or professional activities.
Article 2 – MiniBrew identity
Name: MiniBrew B.V.
Registered office: Amsterdam
Office address: Nieuwegracht 19, 3512 LC Utrecht, the Netherlands
Telephone number: +31 6-41636916
Email address: firstname.lastname@example.org
CoC number: 63971569
Article 3 – Applicability
1. These general terms and conditions apply to all quotations from MiniBrew and to all Contracts concluded between MiniBrew and the Buyer.
Article 4 – Quotation
1. If a quotation is valid for a limited period of time or issued conditionally, this will be explicitly stated in the quotation.
2. The quotation will contain a complete and accurate description of the quoted product. The description will be sufficiently detailed for the Buyer to assess the quotation. If MiniBrew uses pictures, these will truthfully reproduce the quoted product. MiniBrew shall not be bound by any obvious mistakes or errors in its quotation.
3. Every quotation shall contain information to the extent that it is clear to the Buyer what rights and obligations are related to his/her acceptance of the quotation.
Article 5 – Formation of Contract
1. The Contract shall be formed as soon as the Buyer has accepted the quotation and has met the conditions imposed thereon.
2. If the Buyer has accepted the quotation by electronic means, MiniBrew will immediately confirm receipt of acceptance of the quotation by electronic means.
3. MiniBrew will provide the Buyer with a confirmation of the Contract on a Durable Data Carrier within a reasonable period of time after entry into the Contract and in any event before the order is delivered.
Article 6 – Cancellation Right
1. The Consumer-Buyer is entitled to cancel a Contract during a Cooling-off Period of 14 Days without stating any reasons. MiniBrew is entitled to ask the Consumer-Buyer for its reasons for cancellation, but is not entitled to oblige him/her to state any reasons.
2. The Cooling-off Period commences on the Day after which the Consumer-Buyer, or a third party designated by the Consumer-Buyer in advance, who is not the transporter, has received the product, or:
a. if the Consumer-Buyer has ordered several products simultaneously: the Day on which the Consumer-Buyer, or a third party designated by him/her, has received the last product. Provided that it has clearly informed the Consumer-Buyer prior to the ordering process about this, MiniBrew will be entitled to refuse an order for several products with different delivery dates;
b. if the supply of a product consists of various consignments or parts: the Day on which the Consumer-Buyer, or a third party designated by him/her, has received the last consignment or the last part;
c. with contracts for regular supply of products in a certain period: the Day on which the Consumer-Buyer, or a third party designated by him/her, has received the first product.
3. The Commercial Buyer shall not have Cancellation Rights such as referred to in this article.
Article 7 - Consumer-Buyer's obligations during Cooling-off Period
1. During the Cooling-off Period, the Consumer-Buyer will be obliged to handle the product and its packaging with care. He/she will only unpack the product or use it to the extent which is necessary to determine the nature, characteristics and operation of the product. The basic principle of this is that the Consumer-Buyer is only entitled to use and inspect the product as he/she would be permitted to do at a shop.
Article 8 – Exercising the Cancellation Right and costs involved
1. If the Consumer-Buyer exercises his/her Cancellation Right, this must be reported to MiniBrew within the Cooling-off Period by means of the Sample Form or by any other unambiguous method.
2. As soon as possible, but within 14 Days from the Day following the report mentioned in paragraph 1, the Consumer-Buyer will return the product to which the cancelled Contract is related or hand it over to (an authorised agent of) MiniBrew. This will not be necessary if MiniBrew has offered to collect the product. The Consumer-Buyer will have observed the return time-limit in any case if he/she returns the product before the Cooling-off Period has expired.
3. The Consumer-Buyer will return the product with all accessories supplied, if reasonably possible in its original condition and packaging and in accordance with any reasonable and clear instructions given by MiniBrew.
4. The risk and onus of proof for the correct and timely exercise of the Cancellation Right lies with the Consumer-Buyer.
5. The Consumer-Buyer shall pay the direct costs of returning the product.
Article 9 – MiniBrew's obligations in case of cancellation
1. If MiniBrew makes it possible for the Consumer-Buyer to cancel purchases by electronic means, it will immediately issue a confirmation of receipt as soon as this cancellation is received.
2. MiniBrew will reimburse the Consumer-Buyer for all payments, including possible delivery costs charged by Minibrew for the returned product, immediately but at least within 14 Days from the Day on which the Consumer-Buyer has notified it of the cancellation. Unless MiniBrew offers to collect the product, it will be entitled to wait with the refund until it has received the product or until the Consumer-Buyer proves that he/she has returned the product, according to whatever happens first.
3. MiniBrew will pay the refund with the same instrument of payment as that used by the Consumer-Buyer, unless the Consumer-Buyer consents to another method.
4. If the Consumer-Buyer has opted for a more expensive method of delivery than the cheapest standard delivery, MiniBrew will not be obliged to repay the extra costs of the more expensive delivery method.
Article 10 – Exclusion of Cancellation Right
1. MiniBrew is entitled to exclude the following products from the Cancellation Right:
1. Products of which the price is related to fluctuations in the financial market, on which MiniBrew has no influence and which may occur within the Cooling-off Period;
2. Products manufactured according to the specifications of the Consumer-Buyer, which are not pre-manufactured and which are manufactured on the basis of an individual choice or decision of the Consumer-Buyer, or which are clearly meant for a specific person;
3. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and the seal of which was broken after delivery;
4. Sealed audio and video recordings and computer software, the seal of which was broken after delivery.
Article 11 - Contract fulfilment
1. MiniBrew guarantees that the product complies with the Contract, the specifications mentioned in the quotation and the reasonable requirements of soundness and/or usability and any statutory provisions and/or government regulations prevailing at the time at which the Contract was formed. If agreed, MiniBrew will also guarantee that the product is suitable for purposes other than normal purposes.
Article 12 – Delivery and execution
1. MiniBrew will take the utmost care with the receipt and execution of orders for its products.
2. The place of delivery shall be the address stated by the Buyer to MiniBrew.
3. MiniBrew will deliver the order not later than ten (10) months from entering into the Contract, unless another period of delivery has been agreed.
4. In case of late delivery, MiniBrew shall only be in default if it has been notified of default by the Buyer with a reminder, giving MiniBrew a reasonable time-limit to deliver as yet, and subsequently fails to fulfil its obligation within this reasonable time-limit.
5. The risk of loss and/or damage of products shall rest with MiniBrew until the moment of delivery to the Buyer or an agent designated in advance and announced to MiniBrew, unless expressly otherwise agreed.
Article 13– Price
1. The prices mentioned in the quotation are inclusive of VAT.
2. Prices are in euros.
3. All prices are subject to printing errors. In case of printing errors, MiniBrew shall not be obliged to deliver the product in accordance with the wrong price.
4. Delivery costs are not included in the product price. Delivery costs shall be at the Buyer's expense. Insofar as reasonably possible, MiniBrew will inform the Buyer about the amount of delivery costs in the quotation.
Article 14 – Payment
1. A Buyer must pay the purchase price and delivery costs in full in advance.
2. The Buyer is not entitled to exercise any rights concerning the execution of the order or service(s) involved before the stipulated advance payment has taken place.
3. Payment may be made by means of a credit card, PayPal, IDEAL or bank transfer.
Article 15 – Restriction of liability
1. MiniBrew shall not accept any liability on any account whatsoever, whether contractual or non-contractual.
2. In any case, any liability on the part of MiniBrew, on any account whatsoever, whether contractual or non-contractual, shall be limited for each event or series of related events to 25% of the amount (exclusive of VAT) which has been paid for the product by the Buyer.
3. Not excluded or restricted is MiniBrew's liability for damage resulting from intent or wilful recklessness on the part of MiniBrew or its executive managers.
Article 16 – Non-accountable failure (force majeure)
1. In the event that MiniBrew would be unable to perform the Contract due to non-accountable failure and if there is any question of temporary failure due to force majeure which continues for two months without interruption, the Buyer and MiniBrew will be entitled to cancel the Contract without any obligation vis-à-vis one another to pay damages.
2. Non-accountable failure within the meaning referred to in paragraph 1 shall be understood to include the situation in which MiniBrew is unable to deliver the product (on time), because the manufacturer or another part supplier of MiniBrew's fails to fulfil its obligations vis-à-vis MiniBrew.
Article 17 – Applicable law and competent court
1. Contracts and all resulting contracts between MiniBrew and the Buyer shall be exclusively subject to Dutch law. The Parties exclude the applicability of the Vienna Purchasing Convention.
2. Any disputes related to or arising out of the Contract and all resulting contracts between MiniBrew and the Buyer shall be exclusively brought before the competent court of the District Court of the Central Netherlands, location Utrecht.
Annex 1 – Sample Form
Sample Form for Cancellation
(complete and return this form only if you wish to cancel the contract)
Nieuwegracht 19, 3512 LC Utrecht, the Netherlands
the sale of the following products: [description of product]*
* Delete where not applicable or fill in where appropriate.