Terms and conditions:
2288 GG Rijswijk ZH
Registered with KvK number: 58423931
VAT number: NL85 3034 11 4B 02
Please read carefully
Article 1: Applicability, definitions
1. These conditions apply to every offer and every agreement of purchase and sale, which is established via the website www.Cocktailbox.com of Cocktailbox B.V,
established in Rijswijk ZH, hereinafter referred to as “the user.”
2. The buyer will be referred to as “the other party.”
3. A number of provisions in these general terms and conditions relating to a natural person who is not acting in the course of a business.
A number of provisions in these general terms and conditions relating to a natural person who is not acting in the exercise of a profession or business. In these provisions, the other party shall be referred to as “the consumer” in these provisions.
4. In these general terms and conditions, the term “in writing” shall mean: by letter, by email, by fax, or any other means of communication which, in view of state of the art and according to socially accepted notions, can be equated with this.
5. In these general terms and conditions, “the website” means: the User’s site(s) referred to in paragraph 1.
Website(s) of the User the possible inapplicability of (part of) a provision of these general terms and conditions shall not affect the applicability of the remaining provisions.
6. The possible non-applicability of (part of) a provision of these general conditions does not affect the applicability of the other provisions.
7. In the event of any discrepancy or conflict between these general terms and conditions and a translated version thereof, the Dutch text shall prevail.
8. These general terms and conditions shall also apply to any subsequent or partial orders resulting from the agreement.
9. If the User already made these general terms and conditions available to the other party several times – whether or not via the website – this shall be regarded as a permanent business relationship.
The User will not then be obliged to hand over the General Terms and Conditions each time again in order for them to apply to subsequent agreements.
Article 2: Offers and prices
Any offer on the website is compelling for the period stated therein. An offer in which no period of validity is mentioned is without obligation. In the case of an offer without obligation, the User has the right to revoke this offer at the latest within two working days after receipt of the acceptance.
2. The prices stated in the offer, the price lists, the website, etc., are exclusive of VAT and any costs, such as transport and shipping costs and administration costs, unless stated otherwise stated. The article will clearly mention what the appropriate VAT amount is and the possible costs.
3. A combined offer does not oblige the User to deliver a part of the offered product at a corresponding part of the price.
4. The offer and/or the price shall not automatically apply to repeat orders.
5. Models, examples, specifications of colors, dimensions, weights, and other descriptions shown on the website are as accurate as possible but only serve as indications. The other party cannot derive any rights from these.
6. a. If between the date of concluding the agreement and its execution (cost) price increasing circumstances for the User result from legislation and regulations, currency fluctuations, etc. price changes of the third parties or suppliers third parties or suppliers or changes in the prices of the necessary materials, raw materials, etc., the User will be entitled to increase the agreed
price accordingly and charge the other party.
b. In case of price increases within three months after the conclusion of the agreement, the entitled to dissolve the contract by means of a written statement.
Dissolve the contract by means of a written notice. If the Consumer has not informed the User within 14 days after notification of the price change
the userUserhin 14 days after notification of the price change, the User assumes that the Consumer has agreed to the price change.
Article 3: Formation of agreements
Suppose the other party places an order via the website. In that case, the User will only be bound by this order after it has been confirmed in writing – whether or not by means of an automatic message via the website – to the other party. This shall apply unless otherwise stated on the website.
2. Supplements or amendments shall only bind the User to the general terms and conditions or the agreement after these have been confirmed in writing to the Other Party.
Article 4: Distance purchase, cooling-off period
This article applies exclusively to the Consumer in the case of a distance purchase in the sense of Article 46a Book 7 of the Civil Code.
2. In the case of a distance purchase, the Consumer has a cooling-off period of 14 calendar days after receipt of the goods. Within this period, the Consumer can dissolve the agreement without having to give a reason. Dissolution takes place by means of a written notice to the User this cooling-off period shall not apply to custom-made items.
3. In the event of dissolution, the items must be returned to the User in the original packaging, unused, and at the expense and risk of the Consumer.
In the event that the User already charged the Consumer for shipping costs when sending the items to the Consumer, the User will be liable for the costs of returning the items within the cooling-off period.
4. The User shall return any payments of the purchase price already received from the Consumer as soon as possible but at the latest within 14 calendar days after termination to the consumer.
5. The User shall be entitled to refuse returned goods or to refund only part of the payments received if the goods are not in the original packaging, have been processed, used, and/or damaged. The User will inform the Consumer of this immediately upon receipt of the goods.
Article 5: Engagement of third parties
If in the opinion of the User, proper execution of the agreement requires it, the User has certain deliveries by third parties.
Article 6: Confidential information
The User undertakes to keep secret all information that it receives from or receives from third parties in conclusion and execution of the agreement from or about the other party. The other party has indicated that this relates to confidential information or which the User was or could reasonably know that this information must be treated confidentially. The User will only provide this information to third parties in so far as this is necessary for the execution of the agreement.
2. The User will take all reasonable precautions to keep the confidential information confidential and shall guarantee that its employees and/or other persons who are involved in the execution of the agreement under his responsibility other persons involved in the execution of the agreement under his responsibility shall also comply with this the obligation of confidentiality.
3. The obligation to maintain secrecy shall not apply if the User obliged to disclose confidential information as a result of legislation and/or regulations or
the obligation to maintain secrecy shall not apply if the User is obliged to disclose confidential information as a result of legislation and/or regulations or a court ruling and the duty of confidentiality shall not apply if, as a result of legislation and/or regulations or a judicial decision, the User is obliged to disclose the confidential information and cannot thereby invoke a legal right to refuse to testify or a right to refuse to testify, which a court of law has granted.
This exception also applies to the employees and other persons referred to in the previous paragraph.
4. If the Users have a privacy statement, the data mentioned therein shall only be used in accordance with the provisions of this statement.
Article 7: Delivery, delivery periods
Agreed delivery deadlines can never be considered fatal deadlines. If the User does not fulfill his delivery obligations or does not do so in time, the other party must give him notice of default in writing and allow him a reasonable period of time to do so, give him written notice of default and grant him a reasonable period to fulfill these delivery obligations as still comply with these obligations to deliver.
2. In the case of agreements with consumers, the goods ordered shall be delivered not later than 30 days after the order. If delivery within this period is impossible, the User will inform the Consumer of this as soon as possible. The Consumer then has the possibility within one week after this notification to recover any advance payments from the user claim back. If the Consumer makes use of this possibility, the User will refund the amount already paid by the Consumer.
If the Consumer makes use of this possibility, the User will repay the amount already paid by the Consumer within 30 days after the recovery.
3. The User will be entitled to deliver in parts, whereby each partial delivery may be invoiced separately.
4. The risk for the goods to be delivered shall pass to the other party at the moment of delivery. This is when the goods to be delivered leave the premises, warehouse, or store of the Users, informed the other party that he can collect these goods collected by the other party.
5. In deviation from the previous paragraph, for Consumers, the moment of delivery shall be when the goods are actually at their disposal.
6. Dispatch or transport of the goods shall take place at the expense and risk of the other party and in a manner to be determined by the User. The User will not be liable for damage caused by the other party’s actions. The User is not liable for damage of any kind – whether or not to the goods themselves – which is related to the dispatch or transport.
7. Notwithstanding the previous paragraph, for consumers, the sending or transport of the goods takes place at the risk of the User for the account of the Consumer.
8. If due to a cause within the sphere of the other party’s risk, it does not prove possible to deliver the ordered goods to the other party (in the agreed manner), or should the goods not be collected, the User will be entitled to charge the collection costs to the other party.
The User will be entitled to store the goods at the other party’s expense and risk.
The other party must enable the User within a period to be set by the User following notification of the storage to still deliver the goods or collect the goods within this period.
9. If the other party remains in default of his obligation to purchase after the period referred to in the previous paragraph, the other party continues to fail to fulfill its obligation to purchase, it shall be immediately in default. The User will then be entitled to terminate the agreement in full or in part with immediate effect by means of a written statement and to sell the goods to third parties without this giving rise to any obligation to compensate the damage, costs, and interest arising from this. The foregoing does not affect the other party’s obligation to compensate for any (storage) costs, damage caused by delay, loss of profit, or other damage, or the User’s right still claims performance after all.
10. An agreed delivery period shall only commence at the moment that the User receives all the agreed goods.
An agreed delivery period shall only commence at the point in time at which the User received all the information necessary for delivery and any agreed (advance) payment from the other party. Should this cause a delay, the delivery period shall be extended proportionately.
Article 8: Complaints and returns
The Counterparty must check the goods delivered immediately upon receipt and indicate any visible defects, damage, and/or discrepancies in quantities on the consignment bill or the accompanying note. In the absence of a consignment bill or accompanying note, the Counterparty must report the deficiencies, defects, etc. to the User within two working days after receipt of the goods, followed by a written confirmation thereof. In the absence of such a report,
the goods shall be deemed to have been received in good condition and comply with the agreement.
2. Other complaints must be reported in writing to the User immediately after discovery – but at the latest within the agreed guarantee period. All consequences of failing to report immediately are at the other party’s risk. If no explicit guarantee period has been agreed upon, a period of 1 year after delivery will apply.
3. If a complaint is not reported to the User within the periods specified in the previous paragraphs, no appeal can be made to an agreed guarantee.
If the User has not been notified of a complaint within the periods specified in the previous paragraphs, it will not be possible to invoke an agreed guarantee.
4. Goods ordered shall be delivered in the (wholesale) packaging/minimum quantities or numbers in stock at the User’s mises quantities or amounts. Minor deviations accepted in the sector in relation to sizes, weights, quantities, colors, etc., shall not be deemed to be a shortcoming on the part of the User claim under guarantee shall be possible in such cases.
5. Complaints shall not suspend the other party’s obligation to pay.
6. The previous paragraph shall not apply to the Consumer.
7. The other party must enable the User to investigate the complaint and provide all relevant information to the User for this purpose.
If the complaint has to be returned, this shall take place at the other party’s expense unless the complaint turns out to appear to be well-founded. The transport risk is always for the other party.
8. In all cases, return shipments shall take place in a manner to be determined by the User in the original packaging or wrapping.
9. No complaints shall be possible regarding imperfections in or properties of products manufactured from natural materials or raw materials if these imperfections or characteristics are inherent to the nature of these materials or raw materials.
10. No complaints are possible regarding discoloration and minor color variations.
11. No complaints can be made regarding goods that have changed in nature and/or composition after receipt by the other party
12. No complaints shall be possible regarding goods that have changed in nature and/or composition after receipt by the other party or have been wholly or partially processed.
Article 9: Guarantees
The User will ensure that the agreed deliveries are carried out properly and in accordance with the standards applicable in its line of business, but with regard to these deliveries never give a more extensive guarantee than as explicitly agreed between the parties.
2. During the guarantee period, the User guarantees the usual normal quality and soundness of the delivered goods.
3. If the manufacturer or supplier has issued a guarantee for the items delivered by the User, that guarantee shall apply equally between the parties. The User will inform the other party in this regard.
4. If the purpose for which the other party wishes to treat, process, treat or use the goods differ from the customary purpose/purpose of these goods,
The User will only guarantee that the goods are suitable for this purpose/these intended uses if it has confirmed this to the other party in writing.
5. No appeal to the guarantee shall be possible as long as the other party has not yet paid the price agreed for the goods.
6. The previous paragraph does not apply to the Consumer.
7. In the event of a valid appeal to the guarantee, the User will – at his discretion – see to repair or replace the goods free of charge. If there is any question of additional damage, the provisions of the liability article are included in these general terms and conditions.
8. Notwithstanding the preceding paragraph, the Consumer has the choice between repair or replacement of the goods, unless this cannot reasonably be required of the User instead, the Consumer may always dissolve the contract by means of a written statement or demand a discount on the agreed price.
Article 10: Liability
Apart from the guarantees explicitly agreed upon or given by the User. The Users do not accept any liability whatsoever.
2. Without prejudice to the provisions of the previous paragraph of this article, the User will only be liable for direct damage. Any liability of the User consequential damages, such as trading loss, loss of profit and/or losses sustained, loss caused by delay and/or personal or bodily injury, is expressly excluded.
3. The other party must take all measures necessary to prevent or limit the damage.
4. If the User is liable for damage suffered by the other party, the User’s obligation to pay compensation shall always be limited to a maximum of the amount paid by its insurer in the case in question. If the insurer makes no payment or the damage is not insurance taken out by the User, are the User’s obligation to compensate for damage shall be limited to a maximum of the invoice amount for the goods delivered.
5. The other party must notify the User later than 6 months after it became aware of or could have become aware of the damage it has suffered.
6. Contrary to the previous paragraph, a period of 1 year shall apply for the Consumer.
7. The User shall not be liable and the Other Party may not invoke the applicable guarantee if the damage has occurred:
a. by inexpert use or use contrary to the purpose of the delivered item or the instructions, advice, or recommendations provided
b. instructions, advice, directions for use, leaflets, etc. provided by or on behalf of the User through inexpert storage or maintenance of the goods;
c. as a result of errors or incompleteness in the information provided to the User or on behalf of the other provided to the User or on behalf of the other party;
d. as a result of the choice of the other party which deviates from what the User is and/or is usual;
e. as a result of the choice made by the other party with regard to the goods to be delivered;
f. because repairs or other work or processing have been carried out by or on behalf of the other performed on the delivered goods by or on behalf of the other party, without the express prior consent of the user.
8. The other party shall be fully liable for all damage arising from this in the cases listed in the previous paragraph. It shall expressly indemnify the User against all third-party claims for compensation for this damage.
9. The limitations of liability included in this article do not apply if the damage is due to intent and/or conscious recklessness on the part of the User the managerial
at management level or if mandatory statutory provisions oppose this.
Only in these cases shall the User indemnify the other party against any third-party claims of third parties against the other party.
Article 11: Payment between companies
The User will at all times be entitled to demand (partial) advance payment or any other security for payment from the other party.
2. Payment must be made in the manner indicated on the website. Payment in other ways is only permitted if parties have explicitly agreed upon this in writing.
3. If the parties have agreed on payment after receipt of an invoice, payment must be made within 14 days of the invoice date, unless the parties have agreed on a different party have agreed on a different payment term in writing. The correctness of an invoice will be established if the other party has not objected to this payment term.
4. If an invoice has not been paid in full or no direct debit has been possible following the expiry of the period referred to in the previous paragraph, the other
User fault interest of 2% per month, to be calculated cumulatively on the principal sum.
Parts of a month shall be counted as whole months.
5. If payment is still not made after the User sent a reminder, the User will also be entitled to charge the other party extrajudicial costs
If payment is still not made following a reminder from the User will also be entitled to charge the other party extrajudicial collection costs amounting to
15% of the invoice amount with a minimum of € 150.00.
6. If the other party fails to make full payment, the User will be entitled to dissolve the agreement without further notice of default.
Suppose the other party fails to pay in full. In that case, the User will be entitled to dissolve the agreement without further notice of default by means of a written statement or to suspend his suspend its obligations arising from the agreement until the other party has paid in full or has provided proper security for this or has provided proper security for this. The User will also have the aforementioned right of suspension if, even before the other party is in default of payment, he has sound reasons to doubt the other party’s commitment.
The User will also have the aforementioned right of suspension if it has legitimate grounds to doubt the Other Party’s creditworthiness even before the Other Party enters into default regarding payment.
7. The User will first apply the payments made by the other party to settle all interest and costs owed and then to settle those invoices that have been outstanding the longest. Outstanding, unless the other party specifies in writing upon payment that it relates to a later invoice.
8. The other party may not set off the User’s claims against any counterclaims it may have against the User is shall also apply if the other party
requests (temporary) suspension of payment or is declared bankrupt.
Article 12: Payment by consumers
The User is always entitled to demand (partial) advance payment or any other security for payment from the Consumer. The advance payment requested shall amount to a maximum of 50% of the agreed price.
2. Payment must be made in the manner indicated on the website. Payment by other means is only permitted if the parties have expressly agreed to this in writing.
3. If the parties have agreed on payment after receipt of an invoice, payment must be made within 14 days of the invoice date, unless the parties have agreed on different parties have agreed on a different payment term in writing. The correctness of an invoice is thereby established if the Consumer has not objected to this payment term.
4. If an invoice has not been paid in full or no direct debit has been possible after the expiry of the period referred to in the previous paragraph.
User a default interest of 2% per month, calculated cumulatively on the principal sum to be calculated cumulatively over the principal sum. Parts of a month shall be considered full months.
5. If following a reminder by the UserUseryment is still not made, the User will also be entitled to charge the Consumer for extrajudicial collection costs. In this case the User will, in the said reminder, allow the Consumer another period of at least 14 days to still pay.
6. The extrajudicial collection costs referred to in the previous paragraph amount to
a. 15% of the amount of the principal sum for the first € 2,500.00 of the claim (with a minimum of € 40.00); a. the amount of the debt collecting
minimum of € 40.00);
b. 10% of the amount of the principal sum over the next € 2.500,00 of the claim;
c. 5% of the amount of the principal sum over the next € 5,000.00 of the claim;
d. 1% of the amount of the principal sum over the next €
190,000.00 of the claim;
e. 0.5% of the amount of the principal sum.
All this with an absolute maximum of € 6,775.00.
7. For the purpose of calculating extrajudicial collection costs, the UserUserll be entitled after the expiry of one year to increase the principal sum of the claim by the cumulatively accrued default interest in that year in accordance with paragraph 4 of this article.
8. If the Consumer fails to make full payment, the User will be entitled to terminate the agreement without further notice.
Agreement without further notice of default by means of a written statement or to suspend his obligations under the contract until the Consumer has paid in full or has provided proper security for payment or has provided adequate security for this purpose. The aforementioned right of suspension shall also User also has the aforementioned right of suspension shall also apply if, even before the Consumer enters into default of payment, the User sound reasons to doubt the creditworthiness of the Consumer.
9. Payments made by the Consumer shall first be applied by the User all interest and costs owed and subsequently to the longest outstanding payable invoice unless the Consumer has made the payment on time. Outstanding, unless the Consumer specifies in writing at the time of payment that it relates to a later invoice.
Article 13: Retention of title
The User gains ownership of all goods delivered and to be delivered under the contract until the other party has fulfilled all its payment obligations to
under the contract until the other party has fulfilled all its payment obligations to the User has fulfilled all his payment obligations.
2. The payment obligations referred to in the previous paragraph consist of paying the purchase price of the goods, increased by claims for work carried out in connection with the related to the delivery and claims on account of the other party’s attributable failure to fulfill his obligations, such as claims for compensation,
extrajudicial collection costs, interest, and possible penalties.
3. If it concerns the delivery of identical, non-identifiable goods, the batch of goods belonging to the oldest invoices will be taken into account.
3. In the event of delivery of identical, not individually identifiable items, the batch of items belonging to the oldest invoices shall be deemed to have been sold first.
The reservation of title shall, therefore, always apply to all goods delivered which are still in the buyer’s possession at the time when the reservation of title is invoked. The reservation of title shall therefore always apply to all delivered goods which at the time of invoking the reservation of title are still in the stock, store, and/or inventory of the other party. Property at the time the retention of title is invoked.
4. Goods subject to reservation of ownership may be resold by the other party in the ordinary course of business, provided that it also places a reservation of ownership on the delivered goods with its customers. Buyer’s retention of title on the items delivered.
5. As long as the delivered goods are subject to retention of title, the Counterparty may not pledge the goods in any way or bring the goods under the (de facto) control of a financier by means of pledging lists.
6. The other party must immediately inform the userUserwriting if any third parties claim to have an ownership or other rights to the goods subject to retention of title.
7. The other party must keep the goods carefully as long as they are subject to retention of title. As the identifiable property of the User, other parties must keep the goods carefully and identifiably the property of the User as long as they are subject to retention of title.
8. The other party must arrange for business or contents insurance such that the goods delivered subject to retention of title are insured in such a way that they are identifiable as the property of the User; the other party must arrange for business or contents insurance in such a way that the goods delivered under the retention of title are also insured at all times and shall, on the first request, allow the User inspect the insurance policy and the related proof of premium payment.
9. If the other party acts contrary to the provisions of this article or if the User appeals to the retention of title, the User its employees shall have the irrevocable right to enter the other party’s premises of the other party and to take back the goods delivered subject to retention of title.
This applies without prejudice to the User’s right to compensation for damage, loss of profit, and interest and the right to dissolve the agreement without further notice of default by means of a written statement.
Article 14: Bankruptcy, lack of power of disposition, etc.
The User will at all times be entitled to dissolve the contract without further notice of default by means of a written statement to the other party at the time
at which the other party:
a. is declared bankrupt or a request for his bankruptcy has been made;
b. applies for (provisional) suspension of payment;
c. is subjected to attachment under a warrant of execution;
d. is placed under guardianship or administration;
e. otherwise loses the power of disposition or legal capacity with regard to its assets or parts thereof.
2. The other party must always inform the guardian or receiver of the (content of the) agreement and these general terms and conditions.
Article 15: Force majeure
In the event of force majeure on the other party’s part, the User will have the right to terminate the contract by a written statement to the other party or to suspend the fulfillment of its obligations towards the other party for a reasonable period of time without being obliged to pay any compensation.
2. Force majeure on the part of the User will, in the context of these general conditions, force majeure shall be understood to mean: a non-attributable shortcoming on the part of the User on the part of the third parties or subcontractors third parties, or suppliers engaged by him or other severe reasons on the User’s part.
3. Circumstances beyond the User’s control” shall include: war, riots, civil unrest, the war in the Netherlands, The following shall be considered circumstances of force majeure on the part of the User, riots, mobilization, domestic and foreign disturbances, government measures strike within the organization of the User/or the other party or threat of these and similar circumstances, disruption of the currency relations existing at the time of entering into the agreement, operational failures due to fire, break-in, sabotage failure of electricity, internet or telephone connections or activities of hackers as a result of which the website is not (fully) available, natural phenomena, (natural) disasters and the like as well as due to weather conditions, roadblocks, accidents, import and export restrictive measures, transport difficulties, and delivery problems.
4. If the force majeure situation occurs when the agreement has already been partially executed, the other party must, in any case, fulfill its obligations vis-à-vis the User to that moment.
Article 16: Cancellation, suspension
The provisions of this article do not apply to dissolution within the cooling-off period as referred to in article 4 of these general terms and conditions.
2. If the other party wishes to cancel the agreement prior to or during its execution, it shall owe the user compensation to be determined by the User be determined by User is compensation shall comprise all costs incurred by the User.
This compensation shall comprise all costs incurred by the User its loss or damage suffered as a result of the cancellation, including lost profit. The User will be entitled to fix the compensation and – at its discretion and depending on the deliveries already made – to add 20 to 100% of the agreed price from the other party.
3. The other party shall be liable towards third parties for the consequences of the cancellation and shall indemnify the userUserinst claims from these third parties arising from it.
4. The User shall be entitled to set off all amounts paid by the Other Party against the compensation owed by the Other Party.
5. In the event of suspension of the execution of the agreement at the request of the other party, presupposes the execution of the agreement is suspended at the request of the other party. In that case, the payment for all costs incurred at that time shall be immediately due and payable and the User will be entitled to charge these to the other party.
The User also charges all costs incurred or to be incurred during the suspension period.
6. If the execution of the agreement cannot be resumed after the agreed suspension period. In that case, the User will be entitled to terminate the agreement by means of a written statement to other dissolve the agreement by means of a written statement to the other party. Suppose the execution of the agreement is resumed after the agreed suspension period. In that case, the other party must reimburse the User any costs arising from this resumption costs of the User
Article 17: Applicable law/competent court
The contract concluded between the User the other party shall be governed exclusively by Dutch law.
2. The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
3. Any disputes shall be submitted to the competent court in the place where the User’s office is registered, albeit that the User will always retain the right to submit a dispute to the competent court in the place where the other party has its registered office.
4. The Consumer may always opt to submit the dispute to the legally competent court, provided it makes this choice known to the User good time. In good time shall be understood here to mean: within one month after the User notified the Consumer in writing that the dispute to the court in its place of establishment.
5. If the other party is established outside the Netherlands, the User will have the right to choose to submit the dispute to the competent court in the country or state where the other party is established.