Terms of service
GENERAL TERMS AND CONDITIONS OF DELIVERY Mundovini B.V.
Located at Maclaine Pontstraat 31, 1814 HJ Alkmaar
Registered at the Chamber of Commerce under number 82535256
Article 1. Definitions.
Article 2. Applicability.
Article 3. Offers.
Article 4. Prices.
Article 5. Conclusion of the Agreement.
Article 6. Delivery and transfer of risk
Article 7. Delivery periods.
Article 8. Trial period and right of withdrawal.
Article 9. Examination, complaints and quality guarantee.
Article 10. Invoicing and payment.
Article 11. Retention of title.
Article 12. Liability.
Article 13. Limitation period.
Article 14. Force Majeure.
Article 15. Applicable law and choice of forum.
Article 16. Modification and explanation of the terms and conditions.
ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following terms are written with a capital letter and are used in the following sense, unless expressly stated otherwise:
- Consumer: the Buyer who, at the time of entering into an Agreement with Mundovini, is not acting in the exercise of a profession or business.
- Buyer: the natural or legal person who purchases Products from Mundovini and is the other party to the Agreement with Mundovini in the sense of Article 6:231 (c) of the Dutch Civil Code.
- Mundovini: other party to the Agreement with the Purchaser and user of these general conditions in the sense of Article 6:231 sub b of the Dutch Civil Code.
- Order: the placing of an order for the supply of Products by the Purchaser with Mundovini.
- Agreement: the agreement between Mundovini and Buyer based on which Mundovini delivers Products to Buyer against payment.
- Parties: Mundovini and Purchaser jointly.
- Products: all goods, including wines, whisky, rum and other alcoholic beverages, which are the subject of the Agreement.
- In writing: the term "in writing" in these general terms and conditions also includes communication by e-mail, fax or digitally (e.g. via an online interface) provided that the identity of the sender and integrity of the content is sufficiently established.
- Website: the website of Mundovini which can be reached via: mundovini.nl
ARTICLE 2. APPLICABILITY
- The present general conditions apply to all offers, Agreements and deliveries of Mundovini, of whatever nature, unless this applicability is fully or partly explicitly excluded in writing or explicitly agreed otherwise.
- Any general conditions of the Buyer, by whatever name, are expressly rejected. Deviations from and additions to these conditions are only applicable if and insofar as they have been expressly accepted in writing by Mundovini.
- If Mundovini, during a short or longer period of time, tacitly or not, allows deviations from the present general conditions, this does not affect its right to demand immediate and strict observance of these conditions. The purchaser cannot derive any rights from the manner in which Mundovini applies the present conditions.
- The present conditions also apply to all agreements with Mundovini, for the execution of which third parties are engaged. These third parties may rely directly on the present conditions towards the Buyer, including any limitations of liability.
- If one or more of the provisions of the present general conditions or any other Agreement with Mundovini should be in conflict with a mandatory provision of the law or any applicable legal regulation, the provision in question will lapse and will be replaced by a new, legally admissible and comparable provision to be determined by Mundovini.
ARTICLE 3. OFFERS
- All offers by Mundovini are revocable and made without obligation, unless otherwise indicated in writing.
- The content of the delivery is exclusively determined by the description of the delivery given in the offer. If the acceptance (on minor points) deviates from that stated in the offer, Mundovini is not bound to it. The Agreement is not concluded in accordance with this deviating acceptance, unless Mundovini indicates otherwise.
- Obvious errors or typing mistakes in the offer of Mundovini, for instance on its Website or in price lists, do not bind Mundovini.
ARTICLE 4. PRICES
- For Orders within the Netherlands, the prices stated include VAT and other government levies. The shipping costs shall be borne by the Buyer, unless the Buyer indicates that it wishes to collect the Products from the company.
- For Orders destined for other countries, the prices quoted by Mundovini are carriage paid to the agreed final destination "CPT - Carriage Paid To" (in accordance with the provisions of the latest version of the Incoterms as drawn up by the International Chamber of Commerce). The prices are therefore exclusive of VAT, insurance, import duties, excise duties payable in the country of import and other taxes or charges imposed or levied in respect of the goods, but inclusive of transport and packaging costs, unless otherwise indicated.
- Mundovini is free to change its prices at any time. Offers therefore do not automatically apply to future Orders.
ARTICLE 5. CONCLUSION OF THE AGREEMENT
- Subject to what is stated below, an Agreement with Mundovini is realised only after Mundovini has accepted or confirmed an Order in writing. The order confirmation is considered to reflect the Agreement accurately and completely, unless the Buyer protests against it immediately and in writing.
- For Orders placed via the Mundovini website, in deviation from that stated in section 1 of this article, the Contract is concluded at the moment that the Buyer has successfully completed all steps of the online ordering process. Mundovini will subsequently confirm the Order to the Buyer in writing/by e-mail.
- Any subsequent supplementary agreements or modifications shall only be binding on Mundovini if confirmed by Mundovini in writing within 5 days.
ARTICLE 6. DELIVERY AND TRANSFER OF RISK
- Unless otherwise agreed, delivery to a foreign country shall be effected with freight and insurance. CPT - Carriage Paid To" (in accordance with the provisions in the latest version of the Incoterms as drawn up by the International Chamber of Commerce). The Purchaser bears the costs of the transport, whereby the risk connected with the transport of the goods is transferred to the Purchaser at the moment that Mundovini has handed over the goods to the first carrier.
- For shipments within the Netherlands, the goods are transported at Mundovini's risk, unless explicitly agreed otherwise. The costs for transport are shown at checkout. The risk in respect of the Products passes to the Purchaser at the moment they are offered for receipt at the delivery address.
- The choice of means of transport is up to Mundovini, also in case of non-franked shipments, where no instructions for shipment have been given by the Purchaser. Obstructions or temporary hindrances in the transport with the chosen means of transport, do not oblige to the use of another means of transport.
- If the Purchaser, in deviation of para 2 and 3, requires a certain mode of shipping or transport from Mundovini which is not offered as standard by Mundovini, the risk of shipment lies with the Purchaser. In that case, the risk concerning the Products is transferred to the Buyer at the moment that Mundovini has delivered the Products to the first carrier.
- If the Purchaser has specific requirements regarding packaging to be used by Mundovini, all costs for the use of such packaging shall be borne by the Purchaser. Packaging materials are not taken back by Mundovini.
- If it has been agreed that the Purchaser shall collect the Products or arrange for their collection, the Products that are ready for collection or dispatch must be collected or received immediately at the place of delivery. In this case, the risk in respect of the Products shall pass to the Purchaser at the moment when the Purchaser or a third party engaged by the Purchaser takes delivery of the Products.
- If it proves impossible to deliver the Products to the Purchaser due to a cause attributable to the Purchaser, Mundovini reserves the right to store these Products (or have them stored) at the expense and risk of the Purchaser, possibly in the open air, all without any liability on the part of Mundovini for damage, reduction in value, loss or otherwise. During storage a period of 30 days applies in which Mundovini shall give the Buyer the opportunity to take delivery or possession of the Products. All this, unless Mundovini has explicitly set a different term in writing.
- If the Purchaser remains in default to fulfil his obligations also after expiry of the period referred to in the previous paragraph of this article, the Purchaser is legally in default and Mundovini has the right to dissolve the contract in whole or in part in writing and with immediate effect, without prior or further notice of default, without judicial intervention and without being obliged to compensation of damage, costs or interest. In such a case, Mundovini is entitled to sell the Products to third parties or to use them for the execution of other agreements. The foregoing does not affect the obligation of the Purchaser to pay the agreed purchase price as well as any storage and/or other costs.
ARTICLE 7. DELIVERY TERMS
- If Mundovini has given a term of delivery or execution of the Agreement, this is only indicative. A given delivery time is therefore never to be considered as a fatal term. If a term is exceeded, the Customer must therefore declare Mundovini to be in default in writing. Mundovini must then be offered a reasonable term to still fulfil the Agreement.
- If and to the extent that in the opinion of Mundovini a proper execution of the Contract so requires, Mundovini has the right to have certain activities carried out by third parties.
- The Customer shall ensure that all data, of which Mundovini indicates that they are necessary or of which the Customer should reasonably understand that they are necessary for the execution of the Contract, are supplied to Mundovini in time. If Mundovini has not been provided in time with the data necessary for the execution of the Contract, Mundovini has the right to suspend the execution of the Contract and/or to charge the Buyer for the extra costs resulting from the delay according to the usual tariffs.
ARTICLE 8. APPROVAL PERIOD AND RIGHT OF WITHDRAWAL
- If it concerns a remote purchase, the offer shall also include a trial period of 14 days, commencing the day after receipt by or on behalf of the Consumer, unless otherwise agreed. In that case, the purchase shall only be final after 14 days have passed since receipt of the Product.
- During the trial period, the Consumer has a right of withdrawal, whereby the Consumer has the option of returning the Products received without any obligation on his part, other than compensation for the direct costs of returning them.
- The Consumer may invoke the right of withdrawal by notifying Mundovini of its intention in writing or by e-mail within a period of 14 days from receipt by or on behalf of the Consumer. The written statement shall be sent by e-mail to firstname.lastname@example.org.
- If the right of withdrawal is invoked by the Consumer, Mundovini shall refund any amount already paid by the Consumer at the latest within 14 days after receipt of the returned Products.
- The Consumer can only effectively make use of his right of withdrawal if the Products concerned are returned complete, undamaged, unused and in the original packaging. However, the Consumer may remove the Product from the packaging insofar as this is necessary to assess whether the Product meets the Consumer's expectations, as long as the original packaging is preserved and the Product can be returned in undamaged and unopened condition. After the Consumer has opened the Product for consumption, the Consumer can no longer invoke the right of withdrawal.
- After exercising the right of withdrawal, the Customer must return the goods to Mundovini within 14 days. The costs of return shipment are to be borne by the Consumer. Products may also be returned at the warehouse of Mundovini. Mundovini does not use its own transport for returning Products.
- Alcoholic beverages, the price of which has been agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and the actual value of which is dependent on fluctuations in the market over which Mundovini has no influence, are excluded from the right of withdrawal.
ARTICLE 9. RESEARCH, COMPLAINTS AND QUALITY GUARANTEE
- The Buyer should check the delivered Products immediately after delivery for any deviations from what was agreed. Possible complaints concerning the delivered Products should be lodged with Mundovini at the latest within 48 hours after delivery by e-mail or telephone. After expiry of the aforementioned term, the delivered goods are considered to have been irrevocably and unconditionally accepted by the Purchaser. The Customer must keep the defective Products at the disposal of Mundovini for the assessment of the complaint. Lodging a complaint does not suspend the payment obligation of the Buyer with regard to the Products concerned.
- If the Products are externally damaged on arrival, the Buyer must make a written reservation to this effect to the carrier by means of a note on the delivery receipt.
- The risk that a Product contains a defect such as "cork etc." shall be borne entirely by the Purchaser. is entirely at the risk and expense of the Buyer
- Products which are transported or sent to Mundovini for replacement or for assessment under quality guarantee, remain at all times at the risk of the Buyer, regardless of who determined the method of transport or shipment and regardless of who bore the costs thereof.
- By fulfilment of one of the aforementioned performances, Mundovini shall be fully discharged with regard to its guarantee obligations and Mundovini shall not be obliged to pay any further (damage) compensation.
- Defective Products can only be returned after prior consultation with one of Mundovini's sales staff.
ARTICLE 10. INVOICING AND PAYMENT
- Mundovini is entitled, at the commencement of the Contract, to require that shipment takes place after full or partial payment in advance has been made by the Customer. Unless expressly agreed otherwise, payment is made by means of advance transfer to a payment method offered by the website of Mundovini, such as iDeal and credit card.
- If the Customer does not fulfil his payment obligations in time, Mundovini has the right to suspend the fulfilment of the obligations to deliver or execute work until payment has been made or proper security has been given. The same applies already before the moment of default if Mundovini has a reasonable suspicion that there are reasons to doubt the creditworthiness of the Customer.
- In case of liquidation, bankruptcy, debt restructuring or suspension of payment of the Buyer or a request thereto, the claims of Mundovini and the obligations of the Buyer towards Mundovini are immediately due and payable.
- If the Purchaser, for whatever reason, has one or more counter-claims against Mundovini, the Purchaser waives the right of set-off. The aforementioned waiver of the right to settlement is also valid if the Purchaser applies for a (temporary) suspension of payment or is declared bankrupt.
ARTICLE 11. RETENTION OF TITLE
- All Products delivered by Mundovini remain the property of Mundovini until the moment the Customer has completely fulfilled all its payment obligations towards Mundovini under any Contract concluded with Mundovini for the delivery of Products and/or performance of work, including claims resulting from shortcomings in the fulfilment of such a Contract.
- A Buyer who acts as a reseller is not entitled to sell or resell the Products which are subject to Mundovini's retention of title, not even if this is normal in the context of the normal exercise of its business.
- The Purchaser is not permitted to establish limited rights on Products which are subject to the reservation of title of Mundovini. If third parties (wish to) establish (limited) rights on Products subject to the reservation of title, the Purchaser shall notify Mundovini thereof forthwith.
- Mundovini hereby reserves the right of non-possessory pledge on the delivered Products, the ownership of which has been transferred to the Purchaser by payment and which are still in the hands of Mundovini, as additional security for claims, other than those mentioned in article 3:92 paragraph 2 of the Dutch Civil Code, that Mundovini may have against the Purchaser for whatever reason.
- The Purchaser is obliged to keep the Products delivered under reservation of ownership separated from other Products, with the necessary care and as recognizable property of Mundovini.
- The Purchaser is obliged to insure the Products for the duration of the reservation of ownership against fire, explosion and water damage as well as against theft and to make the policies of these insurances available for inspection by Mundovini on first demand. All claims of the Purchaser on insurers of the Products under the aforementioned insurances shall, as soon as Mundovini so desires, be pledged by the Purchaser to Mundovini as additional security for the claims of Mundovini against the Purchaser.
ARTICLE 12. LIABILITY
- If Mundovini is liable for damage, this liability is limited to compensation of direct damage and to a maximum of once the invoice value of the contract (excluding VAT) to which the liability relates. Direct damage is exclusively understood as follows:
- the reasonable costs of determining the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these general terms and conditions.
- the possible reasonable costs incurred to have the defective performance of Mundovini fulfil the contract, unless these cannot be imputed to Mundovini.
- Mundovini shall never be liable for indirect damage, including personal injury, consequential damage, loss of profit, missed savings, damage due to business stagnation, environmental damage and damage as a result of fines imposed for failure to meet delivery or completion dates.
Mundovini is not liable for damage of any kind or in any form whatsoever, because it has relied on incorrect and/or incomplete information provided by the Buyer.
- The limitations of liability for direct damage included in these general conditions do not apply if the damage is due to intent or gross negligence on the part of Mundovini.
ARTICLE 13. LIMITATION PERIOD
In all cases, the period within which Mundovini can be held liable for compensation of damage is limited to a maximum of 1 year after delivery of the Products concerned by the damage.
ARTICLE 14. FORCE MAJEURE
- The parties are not obliged to comply with any obligation if they are prevented from doing so due to a circumstance that is not attributable to fault, and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted practice.
- In these general conditions, force majeure is understood, in addition to that which is included in the law and jurisprudence, as all external causes, foreseen or unforeseen, on which Mundovini has no influence, but which prevent Mundovini from fulfilling its obligations. Strikes in the company of Mundovini or the manufacturer or supplier concerned are included in this.
- Mundovini also has the right to appeal to force majeure if the circumstance preventing (further) fulfilment arises after Mundovini should have fulfilled its commitment.
- The Parties may suspend their obligations under the Agreement during the period of force majeure. If this period lasts longer than 30 days, each of the Parties shall be entitled to dissolve the Agreement without any obligation to pay damages to the other Party.
- Insofar as Mundovini has already partially fulfilled its obligations under the Contract or will be able to fulfil them at the time of the occurrence of force majeure and independent value can be attributed to the fulfilled respectively to be fulfilled part, Mundovini is entitled to invoice the fulfilled respectively to be fulfilled part separately. The Customer is obliged to pay this invoice as if it were a separate Agreement.
ARTICLE 15. APPLICABLE LAW AND CHOICE OF FORUM
- Dutch law applies to all agreements concluded and to be concluded by Mundovini.
- All disputes that may arise between Mundovini and a Buyer as a result of the present Agreement or further agreements resulting from it will be settled by the competent court in the district where Mundovini has its registered office, unless an imperative legal provision opposes this.
ARTICLE 16. AMENDMENT AND EXPLANATION OF THE CONDITIONS
- In the event of conflict between the content and purpose of these general terms and conditions and the Dutch version, the Dutch text shall always prevail.
- The most recently filed version or the version that applied at the time the Agreement was concluded shall always apply.