General Conditions Cathy's Taste B.V.

1. General

1.1. These terms and conditions apply, to the exclusion of any other general terms and conditions, to all offers, orders and agreements of Cathy’s Taste B.V. .

1.2. These conditions are sent on request.

1.3. Deviations from these conditions are only valid if agreed in writing. In that case, remaining provisions remain fully in force.

1.4. Cathy’s Taste B.V. has the authority to change these conditions at any time.

2. Offers / agreements

2.1. All offers from Cathy’s Taste B.V. are without obligation. Cathy’s Taste B.V. reserves the right to withdraw offers and / or change prices.

2.2. All offers are based on availability.

2.3. An agreement is only concluded after acceptance on the part of Cathy’s Taste B.V. .

2.4. Cathy’s Taste B.V. is entitled to refuse orders or to attach certain conditions to them. If an order is accepted, it will be delivered within 3 working days.

2.5. The minimum age for anyone to order is 18 years.

2.6. The prices quoted include excise duty and VAT but do not include delivery costs. From a minimum of 24 bottles we deliver free of charge to any house in the Netherlands (1 address). Under 24 items will only be delivered in consultation, against a cost calculation.

2.7. Wines are sold per piece.

2.8. Payment must be made in advance and without the right to off-set or discount, not even in the case of complaints by one-off direct debit (or in one of the ways and within the period as indicated during the ordering process). The invoice will be sent to you by post and / or by e-mail. The date of payment is the date of transfer to the bank account of Cathy’s Taste B.V. .

2.9. If the payment term is exceeded, you will owe default interest of 2% per month or part of a month on the outstanding amount (calculated from the first day). Reminders from Cathy’s Taste B.V. regarding these amounts are surcharged with € 20 in administration costs. If payment is not made, or not paid in full, or not before the deadline set in the notice, Cathy’s Taste B.V. is also entitled to charge the extrajudicial (collection) costs; these are at least 15% of the outstanding amount with a minimum of € 200. In addition, Cathy’s Taste B.V. is entitled to the actually incurred full extrajudicial collection costs in case these are higher.

2.10. If you are in default with any payment, Cathy’s Taste B.V. is entitled to terminate (the implementation of) the agreement and any related agreements or to suspend it/them.

2.11. In the event of a price change by Cathy’s Taste B.V. in the period between the order and the execution thereof, you are entitled to cancel your order within ten working days after notification of the price increase by Cathy's Taste B.V. . If payments have already been made at that time, such payments already made will be refunded as soon as possible but no later than within 30 days.

2.12. The ownership of the products supplied will only pass to you after you have transferred what you own Cathy’s Taste B.V. regarding the products concerned.

2.13. For the non- or incorrect transmission of orders and communications as a result of the use of the internet or any other means of communication between you and Cathy’s Taste B.V. or between Cathy’s Taste B.V. and others, Cathy’s Taste B.V. not liable, unless there is intent or gross negligence on the part of Cathy’s Taste B.V. .

2.14. The information on the website of Cathy’s Taste B.V. is published, of whatever nature, is given purely for information on the basis of sources that in the opinion of Cathy’s Taste B.V. are reliable but without any guarantee as to the reliability, the current nature, the completeness or the quality and the correctness of its content.

3. Delivery

3.1. Delivery takes place exclusively within the Netherlands and takes approximately seven working days unless otherwise indicated on the website of Cathy’s Taste B.V. and / or in the confirmation of the order and will in any case not take longer than 30 days after payment.

3.2. The specified delivery times are only indicative. Exceeding any delivery period does not entitle you to compensation or the right to cancel your order or terminate the agreement, unless the delivery period is exceeded such that you could not reasonably be expected to uphold the agreement. In that case, any payments already made will be refunded as soon as possible but no later than 30 days.

3.3. Delivery will only be made to the address specified in the order. If the agreed delivery period is exceeded, you will be notified of this in writing or by telephone.

3.4. Cathy’s Taste B.V. is entitled to deliver the order in parts.

3.5. Cathy’s Taste B.V. is authorized to make use of third parties in the execution of your order.

4. Complaints

4.1. The product risk is transferred to you from the moment of delivery. You have the obligation to inspect for breakage upon delivery and whether the products meet the agreement. If that is not the case, you must provide Cathy’s Taste B.V. written notice thereof as soon as possible and no later than within seven working days after delivery.

4.2. Cathy’s Taste B.V. will try to resolve any complaints as soon as possible and will inform you as soon as possible.

4.3. If it is demonstrated that the products do not comply with the agreement, Cathy’s Taste B.V. has the choice to replace the products concerned with new products upon their return, or to refund the invoice value within 30 days, if payment has already been made.

4.4. If you do not wish to purchase a product for any reason, you have the right of return to Cathy’s Taste B.V within seven working days of delivery, at your own expense.

4.5. Return shipments are only accepted if the packaging of the product is undamaged.

4.6. Any liability of Cathy’s Taste B.V. lapses in the event of (re) sale or delivery by you to third parties.

5. Force majeure

5.1. Cathy’s Taste B.V. has the right to suspend execution of the order in the event of force majeure or to dissolve the agreement without legal intervention. You will be informed of this in writing. Cathy’s Taste B.V. in that case is not obliged to pay any compensation.

5.2. Force majeure is any shortcoming that cannot be attributed to Cathy’s Taste B.V. because it is not due to any fault of theirs and / or is not at her expense, which may include a business failure, a disruption in internet connections, transport delays, a strike and the non-delivery or late delivery by suppliers.

6. Privacy

6.1. Cathy’s Taste B.V. respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially. The data will only be used with your permission and will not be sold to third parties. However, these can be made available to third parties who are involved in the execution of the order.

6.2. With your permission, data are also used to inform you about the development of the website and about special offers and promotions. If you do not appreciate this, you can let us know by sending an e-mail to the Customer Service department.

6.3. The employees and the employees of Cathy’s Taste B.V. third parties engaged are obliged to respect the confidentiality of your data.

6.4. The data will be processed in accordance with the law.

7. Intellectual Property

7.1. You must respect all intellectual and industrial property rights that are vested in Cathy’s Taste B.V. (delivered products as well as the website) and fully and unconditionally respect the texts and images used by Cathy’s Taste B.V..

7.2. Any use of these rights is not permitted without prior written permission from Cathy’s Taste B.V.

8. Applicable law and competent rights

8.1. On all agreements with Cathy’s Taste B.V. only Dutch law applies.

8.2. All disputes between parties will again be submitted exclusively to the competent court in Haarlem.

8.3. Cathy’s Taste B.V. focuses on the code of conduct of the Dutch “Thuiswinkel” organization.

 

The Hague, January 2016