Terms of service

Table of Contents

  1. Article 1 - Definitions
  2. Article 2 - Identity of the Entrepreneur
  3. Article 3 - Applicability
  4. Article 4 - The Offer
  5. Article 5 - The Agreement
  6. Article 6 - Right of Withdrawal
  7. Article 7 - Costs in Case of Withdrawal
  8. Article 8 - Exclusion of the Right of Withdrawal
  9. Article 9 - The Price
  10. Article 10 - Conformity and Warranty
  11. Article 11 - Delivery and Execution
  12. Article 12 - Duration Transactions: Duration, Termination, and Renewal
  13. Article 13 - Payment
  14. Article 14 - Complaints Procedure
  15. Article 15 - Disputes
  16. Article 16 - Additional or Deviating Provisions
  17. Article 17 - Champagnesloep

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  • Cooling-off period: The period within which the consumer can exercise their right of withdrawal.
  • Consumer: The natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  • Day: Calendar day.
  • Duration transaction: A distance contract relating to a series of products and/or services, for which the supply and/or purchase obligation is spread over time.
  • Durable data carrier: Any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
  • Right of withdrawal: The possibility for the consumer to withdraw from the distance contract within the cooling-off period.
  • Model form: The model form for withdrawal provided by the entrepreneur that a consumer can fill out when they wish to exercise their right of withdrawal.
  • Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
  • Distance contract: A contract concluded within the framework of an organized system for the distance sale of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
  • Means of distance communication: Any means that can be used for concluding a contract without the consumer and entrepreneur having to be in the same place at the same time.
  • General Terms and Conditions: The present General Terms and Conditions of the entrepreneur.

 

Article 2 - Identity of the Entrepreneur

Champagne Pour Tout
Schutstraat 172
3551AE Utrecht
Nederland

E: brut@champagnepourtout.com
KVK: 94912750

 

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur's premises and will be sent free of charge to the consumer upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and in the event of conflicting terms, the consumer can always rely on the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the agreement and these terms and conditions will remain in force for the rest, and the relevant provision will be replaced by mutual agreement by a provision that approximates the original intent as much as possible.

Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted 'in the spirit' of these general terms and conditions.

 

Article 4 - The Offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to modify and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they must be a true representation of the offered products and/or services. Apparent mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and details in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. However, the entrepreneur cannot guarantee that the displayed colors precisely match the actual colors of the products.

Each offer contains sufficient information so that the consumer is clear about their rights and obligations related to accepting the offer. This particularly concerns:

  • The price, including taxes;
  • Any applicable shipping costs;
  • The manner in which the agreement will be concluded and the necessary steps to achieve this;
  • Whether or not the right of withdrawal applies;
  • The method of payment, delivery, and execution of the agreement;
  • The period for accepting the offer or the period within which the entrepreneur guarantees the price;
  • The applicable rate for remote communication if the cost of using remote communication technology is calculated on a basis other than the regular basic rate for the used means of communication;
  • Whether the agreement will be archived after its conclusion and, if so, how the consumer can access it;
  • The way in which the consumer can check and, if necessary, correct the data provided within the scope of the agreement before concluding it;
  • Any languages in which, in addition to Dutch, the agreement can be concluded;
  • The codes of conduct to which the entrepreneur has adhered and the way in which the consumer can electronically consult these codes of conduct;
  • The minimum duration of the distance agreement in the case of a duration transaction.

 

Article 5 - The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance electronically. As long as this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can make electronic payments, the entrepreneur will take appropriate security measures.

The entrepreneur may, within the limits of the law, investigate whether the consumer can meet their payment obligations, as well as any other facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good reason, based on this investigation, not to enter into the agreement, they are entitled to refuse an order or application or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it on a durable medium:

  • The visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  • Information about guarantees and existing after-purchase service;
  • The information included in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • The requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a duration transaction, the provision in the previous paragraph only applies to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the ordered products.

 

Article 6 - Right of Withdrawal

For product delivery:

  • When purchasing products, the consumer has the right to dissolve the agreement without stating reasons within 14 days. This reflection period starts the day after receipt of the product by the consumer or a representative designated by the consumer and announced to the entrepreneur.
  • During the reflection period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to determine whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  • If the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 14 days after receiving the product. Notification must be done via the model form or through another communication method such as email. After the consumer has expressed their wish to use their right of withdrawal, they must return the product within 14 days. The consumer must provide proof that the goods have been returned on time, for example, by means of a shipping receipt.
  • If the consumer has not notified their withdrawal intention within the stated periods, or if they have not returned the product, the purchase is final.

For service delivery:

  • For service delivery, the consumer has the right to dissolve the agreement without stating reasons for at least 14 days, starting from the day the agreement was entered into.
  • To exercise the right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur at the time of the offer and/or at the latest upon delivery.

 

Article 7 - Costs in Case of Withdrawal

If the consumer exercises their right of withdrawal, they will bear the return shipping costs at most.

If the consumer has made a payment, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has been received back by the retailer or conclusive proof of complete return has been provided. Refunds will be made using the same payment method used by the consumer unless the consumer explicitly agrees to a different method.

If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in value.

The consumer cannot be held liable for any depreciation in value if the entrepreneur has not provided all legally required information regarding the right of withdrawal before concluding the purchase agreement.

 

Article 8 - Exclusion of the Right of Withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal is only valid if the entrepreneur has clearly stated this in the offer or at least before concluding the agreement.

Exclusion of the right of withdrawal is only possible for:

  • Products manufactured according to the consumer's specifications;
  • Products that are clearly personal in nature;
  • Products that cannot be returned due to their nature;
  • Products that spoil or age quickly;
  • Products whose price is subject to fluctuations in the financial market beyond the entrepreneur's control;
  • Single newspapers and magazines;
  • Audio and video recordings, as well as computer software whose seal has been broken by the consumer;
  • Hygiene products whose seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services:

  • Relating to accommodation, transport, restaurant services, or leisure activities to be performed on a specific date or during a certain period;
  • Where the delivery has begun with the explicit consent of the consumer before the cooling-off period has expired;
  • Concerning betting and lotteries.

 

Article 9 - The Price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur's control at variable prices. This dependency on fluctuations and the fact that mentioned prices are target prices will be stated in the offer.

Price increases within 3 months of concluding the agreement are only allowed if they result from legal regulations or provisions.

Price increases from 3 months after concluding the agreement are only allowed if the entrepreneur has stipulated this and:

They result from legal regulations or provisions; or

The consumer has the authority to terminate the agreement from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

 

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing legal provisions and/or government regulations on the date the agreement was concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within two months of discovering the defect.

The warranty period provided by the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or the instructions on the packaging;
  • The defectiveness is wholly or partially due to government regulations regarding the nature or quality of the applied materials.

 

Article 11 - Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders and when assessing requests for the provision of services.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.

All delivery terms are indicative. The consumer cannot derive any rights from the mentioned periods. Exceeding a term does not entitle the consumer to compensation.

In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item. The fact that a replacement item is being delivered will be communicated clearly and understandably at the latest upon delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated and known representative of the entrepreneur unless expressly agreed otherwise.

 

Article 12 - Duration Transactions: Duration, Termination, and Renewal

Termination

The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services at any time at the end of the specified term with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can:

  • Terminate the agreements referred to in the previous paragraphs at any time and not be limited to termination at a specific time or in a specific period;
  • At least terminate in the same way as they were entered into;
  • Always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A fixed-term agreement that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

In deviation from the previous paragraph, a fixed-term agreement that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a fixed period of a maximum of three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

A fixed-term agreement that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A fixed-term agreement for the regular introduction delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month unless reasonableness and fairness oppose termination before the end of the agreed duration.

 

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in Article 6, paragraph 1. In the case of an agreement for the provision of a service, this period begins after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report any inaccuracies in payment details provided or stated to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

 

Article 14 - Complaints Procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this procedure.

Complaints about the execution of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

For complaints, the consumer should first contact the entrepreneur. If the online store is affiliated with WebwinkelKeur and complaints cannot be resolved mutually, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether the online store has an active membership via www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to submit the complaint to the independent dispute resolution committee appointed by WebwinkelKeur, whose decision is binding for both the entrepreneur and the consumer. Submitting a dispute to this committee may incur costs, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (ec.europa.eu/odr).

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur states otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

 

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This applies even if the consumer resides abroad.

The Vienna Sales Convention does not apply.

 

Article 16 - Additional or Deviating Provisions

Additional or deviating provisions from these general terms and conditions may not be to the consumer's detriment and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

 

Article 17 - Champagnesloep

  • Weather Conditions: Boat tours take place under normal weather conditions. In case of extreme weather conditions, the operator reserves the right to cancel or reschedule the tour.
  • Smoking & Consumption Restrictions: Smoking is not allowed on board. Bringing food and (alcoholic) beverages is not permitted.
  • Bookings & Payments: All bookings must be made in advance and are only confirmed after full payment at the time of reservation.
  • Alcohol Policy: Excessive alcohol consumption on board is not tolerated and may lead to the immediate termination of the tour without a refund.
  • Waste & Cleanliness: Throwing objects or waste overboard is strictly prohibited. Any damage or excessive soiling caused by passengers may result in additional cleaning fees or liability for damages.
  • Children Policy: Children are not permitted on board, as alcohol is served during the tour.
  • Music Restrictions: Playing music on board is not allowed, in accordance with the municipality of Utrecht regulations.
  • Captain’s Authority: The captain has full authority at all times and reserves the right to refuse passengers or terminate the tour in case of misconduct, including but not limited to violations as per the rules in this article. In such cases, no refund will be provided.
  • Liability & Risk: Participation in the boat tour is at the passenger’s own risk.
  • Late Arrivals: If passengers arrive late, the reserved tour time will be shortened accordingly, without refund.
  • Route Adjustments: The boat tour follows a predetermined route; however, the skipper reserves the right to modify the route if circumstances require. Such circumstances include, but are not limited to, weather conditions, waterway traffic, waterway maintenance, or other safety or operational reasons. If changes occur, the skipper will, if possible, select an alternative route that closely aligns with the original route and intended experience. Route modifications do not entitle passengers to refunds or compensation.
  • Cancellation Policy: Cancellation requests must be submitted via email. Free cancellation is possible up to 72 hours before the start time. 50% cancellation fee for cancellations between 72 and 48 hours before the start time. Cancellations within 48 hours before the start time are non-refundable. Rescheduling is subject to availability and must adhere to the above cancellation policy.