Article 1 – Definitions

The following definitions apply in these terms and conditions:

  1. Cooling-off period: The period of time during which the consumer is permitted to utilize his right of withdrawal;
  2. Consumer: The natural person that does not act in the performance of profession or business and enters a distance contract with the trader;
  3. Day: Calendar day;
  4. Extended transaction: A distance contract in regard to a series of products and/or services of which the delivery and/or purchase obligation is spread over a period of time;
  5. Durable storage medium: Any means that enables the consumer or trader to store information that is addressed to them personally in a manner that allows for future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: The possibility for the consumer to opt out of the distance contract within the cooling-off period;
  7. Trader: The natural person or legal entity that offers products and/or services to consumers at a distance;
  8. Distance contract: An agreement where, in the context of a system organized by the trader for the selling of products and/or services at a distance up to and including the conclusion of the agreement, exclusive use is made of one or more means for distance communication;
  9. Technology for distance communication: Means that can be used for the conclusion of an agreement without the consumer and trader meeting at the same time at the same location.
Article 2 – Identity of the trader

Wijngaard Kaas b.v.
Golf van Biskaje 8 – 3446 CP Woerden
Telephone number: +31 348 412152 available between 9 am and 4 pm
Chamber of commerce (KvK) number: 30088045
VAT identification number: NL.804201547B01

Article 3 – Applicability
  1. These general terms and conditions are applicable to all the trader’s offers and to all realized distance contracts between the trader and consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, then before the distance contract is concluded, it will be specified that the general terms and conditions can be viewed at the trader and these can be sent without delay and free of charge at the consumer’s request.
  3. In the event that the distance contract is concluded electronically, then, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer in electronic form in such a manner that the consumer can easily store this on a durable storage medium. If this is not reasonably possible , then before the distance contract is concluded, it will be specified where the general terms and conditions can be inspected electronically and that they will be sent electronically or in another way free of charge at the consumer’s request.
  4. Should specific product or service conditions apply in addition to these general conditions, the second and third paragraph is applicable correspondingly and the consumer, in the event of contradictory general terms and conditions, can always appeal to the applicable determination that is most favorable to him.
Article 4 – The offer
  1. If an offer has a limited period of validity or is provided under specific conditions, this will be stated expressly in the offer.
  2. The offer contains a complete and accurate description of the offered products and/or services. The description has sufficient detail to allow a proper assessment of the offer by the consumer. When the trader makes use of images, these will provide a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer are not binding on the trader.
  3. Every offer contains such information that it is clear to the consumer what rights and obligations are involved in the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • the possible delivery costs;
    • the manner in which the agreement will be realized, and which actions are necessary for this;
    • whether or not the right of withdrawal is applicable;
    • the manner of payment, delivery and performance of the agreement;
    • the period for acceptance of the offer or the period within which the trader guarantees the price;
    • the amount of the rate for distance communication, if the costs for the use of distant communication technology is calculated on a basis other than the regular basic rate for the utilized means of communication;
    • whether the agreement will be archived following the conclusion and if so in what way it can be accessedby the consumer;
    • the manner in which the consumer, before the agreement is concluded, can check, and if desired, rectify the submitted data in the framework of the agreement;
    • possible other languages, in addition to Dutch, in which the agreement can be concluded;
    • the codes of conduct to which the trader has subjected himself and the manner in which the consumer can consult these codes of conduct in electronic form; and,
    • the minimum duration of the distance contract in the case of an extended transaction.
Article 5 – The agreement
  1. The agreement is concluded under the condition of the provisions provided in paragraph 4, at the moment of the acceptance of the offer by the consumer and the fulfillment of the conditions stipulated thereby.
  2. If the consumer has accepted the offer electronically, the trader will promptly confirm the receipt of the acceptance of the offer in electronic form. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer can dissolve the agreement.
  3. If the agreement is concluded in electronic form, the trader will implement suitable technical and organizational measures to safeguard the electronic transmission of data and will ensure a safe web environment. If the consumer can pay electronically, the trader will implement suitable security measures for this purpose.
  4. The trader can – within legal limits – inform himself on whether the consumer can meet his payment obligations, as well as all of the facts and factors that are of importance for the responsible conclusion of the distance contract. If the trader, based on this research, has good grounds not to conclude the agreement, then he is entitled to refuse an order or request or attach special conditions to the implementation, while providing reasons.
  5. The trader shall include the following information with the product or service, in writing or in such a manner that this can be stored by the consumer in an accessible manner on a durable storage medium:
    a. the visiting address of the trader’s establishment where the consumer is able to lodge complaints;
    b. the conditions under which and the manner in which the consumer is able to exercise the right of withdrawal or a clear notification on the exclusion of the right of withdrawal;
    c. the information on warranties and existing service after purchase;
    d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided this data to the consumer before the conclusion of the agreement;
    e. the requirements for cancellation of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
    6. In the case of an extended transaction, the provision in the previous paragraph is only applicable to the first delivery.
Article 6 – Right of withdrawal

On delivery of products:
When purchasing products, the consumer has the possibility to dissolve the agreement without specification of reasons during a period of 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative assigned beforehand by the consumer and communicated to the trader.

  1. During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product insofar this is necessary to make an assessment of whether he wishes to keep the product. If he exercises his right of withdrawal, the product shall be returned to the trader with all delivered accessories and – if possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.

On delivery of services:
Upon delivery of services, the consumer has the possibility to dissolve the agreement without specification of reasons during a period of at least 14 days, starting on the day of the conclusion of the agreement. After receipt of the payment, the cancellation of the concluded service (Cheese Tasting) is no longer possible if a desired date and time has been agreed upon for the delivery of the service.

  1. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions issued by the trader with the offer and/or at the latest with the delivery.
Article 7 – Costs in the event of withdrawal
  1. If the consumer exercises his right of withdrawal, the maximum cost for the return of the shipment shall be borne by him.
  2. If the consumer has paid an amount, the trader will return this amount as quickly as possible, but at the latest within 30 days after the return shipment or withdrawal.
Article 8 – Exclusion of the right of withdrawal
  1. The trader can exclude the consumer’s right of withdrawal insofar as this is provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in due time before the conclusion of the agreement.
  2. The exclusion of the right of withdrawal is merely possible for products:
    a. that have been created by the trader in accordance with the specifications provided by the consumer;
    b. that are of a clearly personal nature;
    c. that cannot be returned due to their specific nature;
    d. that can quickly spoil or become out of date;
    e. the price of which is subject to fluctuations on the financial market on which the trader does not have an influence;
    f. for single issues of newspapers and magazines;
    g. for audio and video recordings and computer software whose seals have been broken by the consumer.
  3. The exclusion of the right of withdrawal is merely possible for services:
    a. regarding accommodation, transportation, catering or leisure activities on a specific date or during a certain period;
    b. the delivery of which has begun with the express approval of the consumer before the cooling-off period has expired;
    c. regarding bets and lotteries
Article 9 – The price
  1. The prices of the offered products and/or services will not be raised during the validity period specified in the offer, with the exception of price changes due to changes in VAT rates.
  2. In deviation from the previous paragraph, the trader can offer products or services of which the prices are linked to fluctuations on the financial market and on which the trader does not have an influence, with variable prices. This link to fluctuations and the fact that possibly stated prices are pilot prices shall be specified in the offer.
  3. Price increases within 3 months after conclusion of the agreement are only permissible when they result from statutory regulations or provisions.
  4. Price increases from 3 months after conclusion of the agreement are only permitted if the trader has stipulated this and:
    a. they are the result of statutory regulations or determinations; or
    b. the consumer has the power to cancel the agreement as of the day on which the price increase takes effect.
    5. The prices stated in the offer of products or services include VAT.
Article 10 – Compliance and warranty
  1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, all reasonable requirements of soundness and/or usability and furthermore comply with the existing statutory determinations and/or governmental regulations applicable at the date of the conclusion of the agreement. If agreed, the trader will likewise guarantee that the product is suitable for other than normal use.
  2.  A warranty issued by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader based on the agreement.
Article 11 – Delivery and execution
  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The address that the consumer has made known to the company applies as the place of delivery.
  3. In compliance with that stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, however, at the latest within 30 days unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be carried out or only in part, then the consumer will receive notice of this at the very latest 30 days after the order has been placed. In this case, the consumer has the right to dissolve the agreement without cost and the right to possible damage compensation.
  4. In case of dissolution in conformity with the previous paragraph, the trader will return the amount that the consumer has paid as quickly as possible, however, at the very latest 30 days after the dissolution.
  5. If delivery of an ordered product proves to be impossible, the trader will endeavor to make a replacement article available. At the very latest upon delivery, it will be reported in a clear and understandable manner that a replacement article will be delivered. Replacement items cannot exclude the right of withdrawal. The costs for a possible return shipment will be borne by the trader.
  6. The risk of damage and/or loss of products lies with the trader up to the moment of delivery to the consumer or a prior assigned representative, who has been announced to the trader, unless expressly agreed upon otherwise.
Article 12 – Extended transactions: Duration, termination and extension

Termination

  1. The consumer can at all times terminate an agreement that has been entered for an indefinite period and aims to regularly deliver products (including electricity) or services, under consideration of the agreed upon termination rules and a termination period of no more than one month.
  2. The consumer can at all times terminate an agreement that has been entered for a specific period and which extends to the regularly delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
  3. Regarding the agreements specified in the above paragraphs, the consumer can:
    – terminate them at any time and is not limited to termination at a specific time or in a specific period;
    – at least terminate them in the same manner as they have entered the agreement;
    – always terminate with the same notice period as the trader has stipulated for himself.

Extension

  1. An agreement, which is entered for a specific time and aims to regularly deliver products (including electricity) or services, may not be automatically extended or renewed for a fixed period.
  2. In deviation from the previous paragraph, an agreement that has been entered for a certain time and aims to regularly deliver daily or weekly newspapers and magazines may be extended automatically for a specific time of no more than three months, when the consumer has the possibility of terminating this extended agreement towards the end of the agreement with a cancellation period of no more than one month.
  3. A fixed-term agreement that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement of limited duration for regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  1. 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 not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
Article 13 – Payment
  1. Unless agreed upon otherwise, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as intended in article 6, paragraph 1. For an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. When selling products to consumers in accordance with the general terms and conditions, a payment in advance of more than 50% may not be stipulated. When payment in advance has been stipulated, the consumer may not assert any rights regarding the execution of the respective order or service(s), before the stipulated advance payment has occurred.
  3. The consumer has the obligation to immediately report errors in the issued or stated payment details to the trader.
  4. In case of non-payment by the consumer, the trader has the right to charge the reasonable costs made known in advance to the consumer.
Article 14 – Complaints procedure
  1. The trader has a sufficiently communicated complaints procedure and treats the complaint in accordance with said complaints procedure.
  2. Complaints about the execution of the agreement must be submitted to the trader within the appropriate timeframe, fully and clearly described after the consumer has detected the defects.
  3. Complaints submitted to the trader are answered within a period of 14 days from the date of receipt. When a complaint requires a foreseeably longer processing time, the trader will answer within a period of 14 days with a notification of receipt and an indication of when the consumer can expect to receive a more detailed response.
  4. When the complaint cannot be solved by mutual agreement, then a dispute arises that is subject to the dispute regulation.
Article 15 – Disputes
  1. Agreements between the trader and the consumer to which these general terms and conditions apply are solely subject to Dutch law.
Article 16 – Supplemental or deviating regulations

Supplemental determinations or those that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a manner that these can be stored by the consumer in an accessible manner on a durable storage medium.