Article 1 – Applicability.
- These general terms and conditions apply to every offer made by Eden Spirits B.V. (“hereinafter also referred to as Eden“) and to every remote agreement concluded and order placed between Eden and the customer. Eden’s details can be found in article 2 of these terms and conditions.
- Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the Client. If this is not reasonably possible, prior to the conclusion of the remote contract it shall be stated that the general terms and conditions can be inspected at Eden’s office and they shall be sent free of charge to the Client upon request as soon as possible.
- If the remote agreement is concluded electronically, notwithstanding the previous paragraph and before the remote agreement is concluded, the text of these general terms and conditions may be made available to the customer electronically in such a way that it can be easily stored by the customer on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent electronically or otherwise free of charge at the customer’s request.
- In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the foregoing shall apply mutatis mutandis.
- If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
- Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
- Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these general terms and conditions.
Article 2 – Eden’s identity
- Eden Spirits B.V.
Berg en Dalseweg 13
6521 JB Nijmegen
Chamber of Commerce: 82900361
- Each product is shipped and delivered by liquor store Erebuni-Yerevan, located at Vijzelstraat 87H, 1017 HG, Amsterdam, Netherlands. Eden does not store or distribute any of the products advertised on this website.
- Customer service regarding orders is provided by Eden. The customer can contact them at the e-mail address email@example.com.
Article 3 – The offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
- The offer is without obligation. Eden shall be entitled to amend and modify the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Client to make a proper assessment of the offer. Where Eden makes use of illustrations, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding upon Eden.
- All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
- Images accompanying products are a true representation of the products on offer. Eden cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
- Each offer contains such information that it is clear to the customer what the rights and obligations are, which are attached to the acceptance of the offer.
Article 4 – The Agreement
- The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the customer of the offer and the fulfillment of the conditions set forth therein.
- If the Client has accepted the offer electronically, Eden shall confirm receipt of acceptance of the offer electronically without delay. As long as Eden has not confirmed receipt of this acceptance, the customer may rescind the contract.
- If the contract is concluded electronically, Eden shall take appropriate technical and organizational measures to protect the electronic transfer of data and shall ensure a secure web environment. If the Client can pay electronically, Eden shall observe appropriate security measures to that end.
- Eden may – within the confines of the law – inquire into the Client’s ability to fulfill his payment obligations as well as into all of those facts and factors that are relevant to the responsible conclusion of the remote contract. If, on the basis of this investigation, Eden has sound reasons for not entering into the contract, it shall be entitled to refuse an order or application or to attach special terms and conditions to its performance.
- Eden will provide the following information with the product or service to the customer, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier.
Article 5 – Right of withdrawal
- When purchasing products, the Client who is a consumer (not a business purchaser) shall have the opportunity to rescind the contract for 14 days without giving reasons. This reflection period shall commence on the day after receipt of the product by the Client or a representative designated in advance by the Client and made known to Eden.
- During the reflection period, the customer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of cancellation, he shall return the product to Eden with all of the accessories that were supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by Eden.
- If the Client wishes to exercise his right of cancellation, he is obliged to notify Eden within 14 days of receiving the product. The Client must notify Eden in writing by e-mail. Once the customer has notified Eden that he wishes to exercise his right of cancellation, he must return the product to the supplier referred to in Article 11(1) within 14 days. The customer must prove that the delivered goods were returned in time, for example by means of proof of dispatch.
- If after the expiration of the periods mentioned in paragraphs 2 and 3 the customer has not expressed his desire to exercise his right of withdrawal or has not returned the product, the purchase is a fact.
Article 6 – Costs in case of withdrawal
- If the customer exercises his right of withdrawal, the cost of returning the products is the customer’s responsibility.
- If the customer has paid an amount, Eden shall refund this amount as soon as possible but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive proof of its complete return can be provided.
Article 7 – The price
- During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
- Notwithstanding the preceding paragraph, Eden may offer products or services whose prices are subject to fluctuations in the financial market that are beyond Eden’s control at variable prices. This linkage to fluctuations and the fact that any prices quoted are target prices shall be stated in the offer.
- The prices mentioned in the offer of products or services include VAT.
- All prices are subject to printing and typesetting errors. No liability shall be accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Eden shall not be obliged to supply the product in accordance with the incorrect price.
Article 8 – Conformity and Warranty
- Eden warrants that the products comply with the contract, the specifications listed in the offer, the reasonable requirements of soundness and/or serviceability and the statutory provisions and/or government regulations existing on the date of conclusion of the contract. If agreed upon, Eden also warrants that the product is suitable for other than normal use.
- Any defective or incorrectly delivered products must be reported to Eden in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
- The warranty does not apply if the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to Eden’s instructions and/or on the packaging.
Article 9 – Delivery and execution
- Any product ordered on this website is shipped and delivered by liquor store Erebuni-Yerevan, located at Vijzelstraat 87H, 1017 HG, Amsterdam, Netherlands. Eden does not store or distribute any of the products advertised on this website.
- Eden shall ensure that the greatest possible care is taken when receiving and fulfilling orders for products.
- The place of delivery is the address that the customer has made known to the company.
- The risk of damage to and/or loss of products shall be borne by Eden until the time of delivery to the Client or a representative designated in advance and made known to Eden, unless expressly agreed otherwise.
Article 10 – Payment
Unless otherwise agreed, the amounts owed by the Client shall be payable immediately. As soon as the purchase price and the other costs required for shipment are received by Eden, it shall deliver the ordered products.
Article 11 – Disputes
Any contracts between Eden and the Client to which these general terms and conditions apply shall be governed exclusively by Dutch law. This applies even if the Client is resident abroad.