General terms of delivery
Date: January 2022
Article 1: Definitions
In these general terms and conditions of delivery, the terms below are defined as follows:
1. Cooling-off period: period during which you can make use of your right of withdrawal.
2. You, the consumer: the natural person, not acting in the exercise of a profession or business and who enters into a distance contract with us, Wijngaard Kaas BV.
3. Day: calendar day.
4. Durable data carrier: any instrument enabling a person to store information addressed to him, which facilitates future consultation and unchanged reproduction of the stored information.
5. Right of withdrawal: Your right to withdraw from the distance agreement within the stated cooling-off period.
6. We, Wijngaard Kaas BV: the company that offers remote products to you.
7. Distance agreement: agreement between you, the consumer, and Wijngaard Kaas BV, effected remotely by using a system intended for that purpose.
8. In writing: written communication includes electronic communication, such as e-mail, provided that the sender’s identity and the authenticity of the communication are sufficiently established.
Article 2: General
1. These general terms and conditions apply to every offer made by us and to every distance agreement concluded between you and us.
2. The agreement is concluded as soon as you accept our offer and meet the conditions laid down in the offer.
3. We will immediately confirm receipt of acceptance of the offer. You may withdraw from the agreement until the moment we have sent you this confirmation.
4. Contrary to the provision in paragraph 2, the agreement will not be concluded until we have been informed, within the legal framework, whether you are able to meet your payment obligations and of other relevant facts and factors in order to responsibly conclude a distance agreement. In case of valid reasons for refusal, we shall be entitled not to enter into the agreement, or to dissolve it or to subject it to special conditions.
5. If one or more provisions of these terms and conditions are annulled or prove to be null and void, the remaining provisions shall remain in full force.
Article 3: Right of withdrawal
1. You have the right to dissolve the agreement without stating reasons within 14 days after receipt of the product by you or beforehand by a representative designated by you or a delivery location chosen by you.
2. If you wish to exercise the right of withdrawal, you must notify us by e-mail within the cooling-off period. We will send a confirmation of this message without delay.
3. Products must be returned to us together with all delivered accessories and in the original condition and packaging (according to the clear and reasonable instructions provided by us, received by mail).
4. In the event of dissolution, the costs of the return shipment shall be borne by you.
5. You must return the product within 14 days after dissolution in accordance with the provisions of paragraph 5.
6. We will reimburse the payments received from you as soon as possible after termination.
7. If the product has reached us in a damaged condition, we cannot refund the purchase price.
Article 4: Exclusion of the right of rescission
1. The right of rescission is generally excluded for fresh products; this includes all our cheeses.
Article 5: Delivery
1. The place of delivery is the address that you supplied to us.
2. Orders completed before 3 p.m. will basically be dispatched within two working days. In case of delivery delays, our parcel carrier will notify you.
3. Cheese will not be shipped if the outside temperature does not allow for this, in order to guarantee the quality of the cheese. This will be the case in the event of prolonged outside temperatures of over 30 degrees Celsius. In case the order needs to be postponed, we will notify you as soon as possible.
The risk of
damage or loss of products passes to you from the moment of delivery to you or to
a third party designated by you in advance.
Article 6: Guarantees and Conformity
1. You should keep and use the products in accordance with our storage recommendations. We have stated relevant information on the product page on this website and the most important information is also on the packaging. If you store the products properly, they should last at least until their expiry date. After opening, our products have a limited shelf life.
2. Products must meet your reasonable expectations.
3. A number of products are marked with an ℮ weight. This symbol means that the weight of the product in question may deviate slightly from the weight shown on the packaging. The product weight is an average value and has maximum permitted tolerances.
4. Some products are not available all year round, which you consequently cannot derive any rights from. We will clearly state in our web shop which products are seasonal.
5. If a fault in a product appears to be a fault that existed at the time of purchase, you are entitled to replacement of the product. Only if the product is no longer manufactured or the replacement unreasonably exceeds the value of the product, we may offer to refund the purchase price.
6. Reimbursement, repair or replacement due to a fault in a product shall lapse if the fault is caused by or results from negligent, injudicious or improper use or use after the expiry date, improper storage or maintenance by you.
Article 7: Discount codes
1. We may use discount codes. A discount code may be used once only, may have a certain validity or may be used indefinitely.
2. You cannot exchange the value of a discount code for cash.
3. You cannot use a discount code retrospectively, e.g. use the discount code on a purchase after all.
4. You can only enter the discount code on the shopping cart page and in step 5 during the checkout process. The discount will then be applied immediately.
5. The discount code can only be applied to products in the shopping basket, not to shipping costs.
Article 8: Payment
1. Inaccuracies in provided or stated payment details must be reported to us immediately.
Article 9: Complaints and Disputes
1. Agreements between you and us are exclusively governed by Dutch law.
2. If you submit a complaint, we will endeavor to respond to your message as quickly as possible, within one working week. Complaints will be answered within 14 days after receipt of the complaint. If the complaint cannot be resolved within 14 days, we will notify you of this in good time and give you an indication of the period in which you may anticipate a solution.
3. If we should fail to reach a solution together, we point out the possibility of submitting the complaint to the Online Dispute Resolution of the European Commission at https://webgate.ec.europa.eu/odr or directly to the Geschillencommissie Algemeen https://www.degeschillencommissie.nl/over-ons/commissies/algemeen/ within 12 months after reporting the complaint to us.