General Terms and Conditions of Sales and Use
Latest alteration: 5 November 2009
1. Range of application and acceptance
1.1 These Terms of Use and the 94 Wines Privacy Statement (hereinafter collectively the ‘Conditions’), apply to any use of 94 Wines B.V.’s website (hereinafter: the ‘Website’), and to all products, software and/or services (hereinafter collectively: the ‘Services’) that 94 Wines B.V. (hereinafter: ’94 Wines’) offers on or from the Website or offers for these Services.
1.2 By creating an account or placing of an order you accept the Conditions that are applicable on the 94 Wines Website. It is of importance to take the time to read them carefully. 94 Wines advises you to print the Conditions for your own administration, or to save them in another way.
1.3 You are not allowed to use the Services if you do not accept the Conditions.
2. Condition alteration
2.1 94 Wines is allowed to alter the Conditions from time to time. In that case, 94 Wines will provide a new version of the Conditions on: http://www.94wines.com/en-US/general/generalconditions. For that reason, 94 Wines advises you to check there regularly.
3. General rules for the use of the Website
3.1 Copying, distributing, reuse and suchlike of (parts of) the Website (including the entered Content) is only permitted after 94 Wines’ prior written permission.
3.2 It is not permitted to (try to) circumvent (technical) security measures of/on the Website, to inactivate them or to interfere with them in any other way. Technical security measures can hinder or restrict the use or copying of Content and/or other elements on the Website. The unauthorized use of account details and passwords is a form of (forbidden) circumvention too.
3.3 It is not permitted to use any automated system (or to launch such a system) – included but not limited to a robot, spider or off-line reader – by which in a specific period more requests are send through the Website to the servers of 94 Wines than someone reasonably could generate in that period using a public available, standard (i.e. not adapted) web browser.
3.4 It is not permitted to collect or otherwise process personal data (such as account data and usernames) of the users of the Website and/or a Service.
3.5 Without 94 Wines’ prior permission, it is not permitted to contact the Website’s users for professional purposes.
3.6 94 Wines grants operators of public search engines permission to use spiders to copy material from the Website, however exclusively for making publicly available search indexes, except caches or archives of this material. 94 Wines reserves the right to withdraw these exceptions in general or in specific cases.
3.7 Violation of the Conditions allows 94 Wines to deny you access to the Website.
4. 94 Wines Account
4.1 To approach specific sections of the Website and to place orders, you need to have a 94 Wines Account.
4.2 When making a 94 Wines Account you are under the obligation to enter the correct data.
4.3 A 94 Wines Account can be made by anyone over the age of 18 years.
4.4 It is important to save your password for your 94 Wines Account at a safe place, and to keep it a secret. If you find out that someone else uses your Account or that the security has been hacked, you must inform 94 Wines immediately. This can be done by sending an E-mail to admin@94wines.com.
4.5 You are responsible (towards 94 Wines as well as other parties) for all the activities which are performed through your 94 Wines Account.
5. Orders
5.1 Orders are placed by boxes of 1, 4 or 6 bottles.
5.2 All prices are in Euros and include VAT.
5.3 For larger orders (more than 60 bottles) you can contact 94 Wines by sending an email to info@94wines.com, to optimize the fulfilment of any requests regarding delivery, payment, personalization etc.
5.4 For delivery within the Netherlands, 94 Wines charges a delivery rate of € 6,95, for any amount of boxes of 4 or 6 bottles. For orders above € 85,- of 4 or 6 bottles boxes, no delivery rate is charged. Per 1 bottle gift boxes, a delivery rate of €4,99 is charged for delivery within the Netherlands.
5.5 At 94 Wines you can order starting from 1 bottle. When 1 bottle is ordered, we will assume that it is a gift. We will therefore wrap this in a gift box for delivery at your address or directly to the happy receiver. The costs of the giftbox and the delivery within the Netherlands are € 4,99 per bottle. These costs are related to the fact that TNT will send these boxes separately to the receiver.
5.6 When you place an order, you can choose yourself how you want to pack the bottles, in boxes of 1, 4 or 6 bottles. It is also possible to choose the option “Quick and cost efficient Packaging’. 94 Wines will then wrap and send your order in the cheapest manner possible.
5.7 To be able to send your order as cheap as possible to you, it is important to order 4 or 6 bottles or a multiple of those numbers. You can choose any mix of bottles, as long as the total amount of bottles is 4 or 6 or a multiple of those numbers. Any ordered bottle outside the number of 4 or 6 or a multiple thereof, will be sent in a separate 1 bottle box (gift packaging). For every 1 bottle box, a charge of € 4,99 will be added to the bill.
5.8 Delivery in other European countries will need to be requested at info@94wines.com.
5.9 94 wines uses TNT for the delivery of the wines. It is possible that your order is delivered in parts, if your order exists of multiple boxes. TNT picks up the boxes at our warehouse, after which they are stored separately in the TNT warehouse for delivery to the customer. We do our utmost efforts to deliver the complete order in 1 time at the indicated address.
5.10 94 Wines and TNT will do their utmost efforts to deliver your order as soon as possible, but at latest within 5 working days. Every delivery will be offered twice at the address indicated, before 17.00. When you are not at home, the package will be offered to your neighbours. When it is not possible to deliver the package at the indicated address those 2 times, and the neighbours are not at home either, the package will be stalled at the closest TNT depot, where you can pick it up.
5.11 All offers of 94 Wines are revocable. Offers are done under the condition that the wine is available. If a product is not available, we will contact you and suggest an alternative.
5.12 94 Wines has the right to change prices and correct any possible typos. When you have placed an order, 94 Wines can only change the prices of this order, after your approval.
5.13 When you place an order, your details will not be submitted to third parties, unless you give instruction for this. The ‘Wet Persoonsregistratie’ (Dutch privacy law) is applicable.
5.14 94 Wines will not be responsible for loss or damages as result of expanded delivery times. If the wines for your order are not available, 94 Wines will contact you regarding the delivery date. If the suggested delivery date is not acceptable for you, the order will automatically be cancelled.
5.15 Pictures of bottles or labels can deviate.
5.16 We do not sell alcohol to anyone under the age of 18 years.
6. Returns Policy
6.1 You can return your order (or a part of it) in its original condition within 7 days of the date you received the order, without reason. This return policy is not applicable if one of more bottles in the respective box are personalised by you with a QR code, other than the standard QR code.
6.2 If you return the order, conform article 6.1, the cost of sending the order to us has to be paid by you. You can return the order to the following address: 94 Wines, Badweg 48, 8401 BL Gorredijk, with reference of your name and order number.
6.3 If the order is not returned in the original unopened package to the address above, 94 Wines will charge € 0,50 per bottle.
6.4 Returns need to be notified by email to info@94wines.com. After receipt of the returned wines, 94 Wines will issue a full refund for the price you paid for the item(s).
7. Personalised bottle by QR code
7.1 When you place an order, you can upload per bottle a data file (“Content”), which will be applied to the bottle by means of a QR code (type of bar code). This Content will be kept at the server of 94 Wines, in order to enable the person who receives the bottle to see the content of this file through mobile phone, internet visit or text message by scanning/reading the QR code.
7.2 Entered Content should under no circumstances infringe the (intellectual) property rights of a third party or be otherwise illegal, unlawful or tortuous against other parties and/or be punishable by law. By uploading your Content you guarantee that it does not infringe the rights of third parties or is otherwise illegal etc. You indemnify 94 Wines against infringement claims by third parties, or any other legal charges. If you are not the complete rightful owner with respect to (or entitled to use) your Content (for instance because it contains third party elements, like music), you guarantee that you have gained all the required and essential licences, rights and/or permissions, and that you have respected the moral rights of third parties involved (like mentioning the name of the author, artist etc or approval of the person that is depicted on a photograph).
7.3 94 Wines is not responsible for and does not endorse the content of entered Content and/or the opinions and views stated in it. That is why 94 Wines does not accept any liability for the entered Content. Moreover, 94 Wines does not automatically check Content prior to placement on the Website. As a Member, you understand and agree that only you are responsible for the Content you have entered and for the consequences of putting it on the Website or publishing it.
7.4 If, according to another person, Content placed on the Website by a Member is unlawful, the complaint procedure can be used, after which the Content can be removed or made inaccessible by 94 Wines. In such cases it is possible that your personal data will be provided to the complaining party. For complaints you are able to send an e-mail to admin@94wines.com.
7.5 If, according to 94 Wines, Content placed on the Website is unlawful, 94 Wines can at all times remove the Content immediately. In case the order has not been fulfilled yet, the personalised QR code will be replaced by a standard 94 Wines QR cod
7.6 As a Member you keep all property rights concerning the Content entered by you. If you upload Content to 94 Wines or enter it on the Website, you grant:
a. 94 Wines a world-wide, non-exclusive, royalty free, transferable licence (with the right to sub-licence) to use, reproduce, distribute, make derivative works, show and execute that Content with respect to its Services; and
b. The receiver or owner of a bottle with your personalised QR code a world-wide, non-exclusive, royalty free licence to access the Content you have entered through the Website, mobile phone or text message and to use, reproduce, distribute, make derivative works, show and execute that Content, as far as permitted on the basis of the functionality of the Website and in accordance with the Conditions.
8. Payments
8.1 You can pay by iDeal, Visa or MasterCard.
8.2 94 Wines uses Docdata Payments as payment provider. This will be shown on your bank notices, by showing the name Docdata Payments, followed by 94 Wines. Docdata is not a party in the sales agreement between you and 94 Wines.
8.3 Docdata refuses payments where the amount does not match the amount to be paid.
9. Exclusion of guarantees and liability
9.1 Nothing in the Conditions will affect the legal rights which you as a consumer can claim at all times and which you cannot change or abandon by means of a contract.
9.2 The use of the Website is free of charge.
9.3 The content of the Website is treated with the best possible care, but 94 Wines B.V. cannot guarantee the completeness, correctness or continuous topicality of the information on the Website and/or the Services and the suitability of it for a particular purpose.
9.4 94 Wines B.V. will do its utmost to deliver your order in accordance with your wishes. Any complaints must be communicated within two weeks after the delivery of your order by 94 Wines B.V.
9.5 94 Wines B.V. will not be liable, neither statutory not pursuant to the Agreement, for any direct or indirect losses, resulting from or relating to the usage of the Website or Services, (in)accessibility of the Website or the related programmes, including but not limited to loss of profits, business or consequential losses, unfulfilled expectations, nonmaterial damage and loss by violation of third party rights including infringement of industrial and intellectual property rights. This exclusion of liability is also applicable in case a bottle with a QR code is delivered at a third party other than the designated receiver; if QR codes are switched; if QR codes of Accounts are hacked and if 94 Wines B.V. has replaced the personalized QR code by a general QR code due to violation of the morality or public order.
In case it has been established in law that 94 Wines B.V. is liable for any losses, resulting from or relating to the usage of the Website or Services, (in)accessibility of the Website or the related programmes, 94 Wines B.V.'s liability shall at all times be limited to a renewed processing of the order, or to your choice, to the invoice amount of the order.
9.6 The provisions of the preceding paragraphs of this Article shall not affect or derogate from liability of 94 Wines B.V. by virtue of Part 3, Chapter 3 of Book 6 of the Burgerlijk Wetboek [Civil Code] (Product liability).
9.7 94 Wines B.V. shall not invoke the liability limitations stated in paragraphs 9.5 and 9.6 in the event the damage or loss is caused by an intentional act or omission (opzet) or gross negligence (bewuste roekeloosheid) of 94 Wines B.V. or a director or executive officer (leidinggevende ondergeschikte) of 94 Wines B.V.
10. Other
10.1 If one or more terms of the Conditions prove to be invalid, destructible or unlawful, the specific term will be removed from the Conditions and will be replaced by a new, legally valid comparable clause by 94 Wines B.V.
10.2 Your legal relationship with 94 Wines and the Conditions are subject to Dutch law. The court in Utrecht, The Netherlands, will have the exclusive jurisdiction to take note of disputes concerning this, unless another judge has jurisdiction (too) based on mandatory law.
10.3 If you have questions or remarks, please send an E-mail to info@94wines.com.
94 Wines
Oude Enghweg 8
1217 JC Hilversum
Register of Commerce: 32155446.