Article 1. Definitions
- In these general terms and conditions, the following definitions apply:
Brouwhoeve Delicatessen: the seller and operator of the webshop.
Customer: any natural person or legal entity that places an order via the webshop.
Consumer: a customer who does not act for professional or business purposes.
Business customer: a customer who acts in the exercise of a profession or business.
Products: all products offered via the webshop, including delicatessen, gift packages, food products, beverages, beer, wine, accessories, and related items.
Agreement: the purchase agreement between Brouwhoeve Delicatessen and the customer.
Webshop: the online store via brouwhoeve-delicatessen.nl.
Article 2. Applicability
- 1. These general terms and conditions apply to all offers, orders, deliveries, and agreements via the webshop.
- 2. By placing an order, the customer agrees to these general terms and conditions.
- 3. Deviations are only valid if agreed upon in writing.
- 4. General terms and conditions of business customers are expressly rejected, unless Brouwhoeve Delicatessen accepts them in writing.
- 5. If a provision is found to be invalid, the remaining provisions shall remain in effect.
Article 3. Offer and product information
- 1. Brouwhoeve Delicatessen strives to describe products as completely and accurately as possible.
- 2. Images are intended as an indication. Small deviations in color, packaging, label, execution, or composition may occur.
- 3. For gift packages, seasonal packages, and composite products, a product may be replaced by an equivalent alternative if an item is temporarily not available.
- 4. The price only relates to the described product. Decoration, glasses, baskets, shelves, or accessories are only included if this is clearly stated with the product.
- 5. Brouwhoeve Delicatessen may adjust the assortment, prices, and product information.
Article 4. Foodstuffs, allergens, and product information
- 1. Specific information obligations apply to food products. Mandatory label information must also be available online, including but not limited to the name of the product, ingredients, allergens, net quantity, storage instructions, nutritional value, and for beverages over 1.2% alcohol, the alcohol percentage.
- 2. Brouwhoeve Delicatessen provides allergen information as clearly as possible with the products.
- 3. For unpackaged or composite products, the webshop must indicate which allergens are present, or clearly state how the customer can directly request this information. The NVWA indicates that for online sales of unpackaged food products, allergen information must be available in the webshop or directly requestable via a phone number.
- 4. The customer is responsible for checking before purchase whether a product is suitable for allergies, dietary wishes, pregnancy, medication use, or other personal circumstances.
- 5. In case of doubt about allergens or ingredients, the customer must contact
Brouwhoeve Delicatessen before placing an order.
Article 5. Alcoholic products and age verification
- 1. Alcoholic products are not sold to persons under 18 years of age.
- 2. By ordering alcoholic products, the customer declares to be 18 years of age or older.
- 3. In online alcohol sales, the age of the buyer must be verified before completing the order process, and age verification must also take place upon delivery or pickup.
- 4. The customer must actively confirm that he or she is 18 years of age or older. This confirmation must not be pre-checked.
- 5. Alcoholic products are only handed over to an adult person.
- 6. In case of doubt, a valid identification may be requested.
- 7. If the age cannot be determined, Brouwhoeve Delicatessen or the deliverer may refuse the delivery.
- 8. Any costs due to refused delivery because of missing or insufficient
age verification may be charged to the customer.
Article 6. Order and formation of the agreement
- 1. An order is established as soon as the customer has completed the ordering process and Brouwhoeve Delicatessen has confirmed the order.
- 2. Brouwhoeve Delicatessen may refuse or cancel an order if:
- ○ a product is not available;
- ○ there is an obvious pricing or input error;
- ○ payment is not received;
- ○ age verification cannot be performed;
- ○ there is abuse, fraud, or incorrect information.
- 3. Obvious errors in prices, texts, or images do not bind Brouwhoeve
Delicatessen.
Article 8. Delivery and pickup
- 1. Orders are delivered to the address provided by the customer or prepared
for pickup, depending on the chosen shipping method.
2. The site states that online orders can be picked up for free at Slijterij Brouwhoeve in Middelharnis and that free delivery applies from €75.
3. Delivery times are indicative, unless a firm delivery date has been agreed in writing.
4. Brouwhoeve Delicatessen is not liable for delays caused by carriers, weather conditions, high demand, incorrect address details, or force majeure.
5. The customer is responsible for correctly filling in address details.
6. If a package is returned due to incorrect details, absence, or refusal, additional shipping costs may be charged to the customer.
Article 9. Right of withdrawal for consumers
- 1. Consumers usually have the right to a statutory cooling-off period of 14 days after receiving the product.
- 2. The consumer can withdraw from the agreement within this period without stating reasons.
- 3. After withdrawal, the consumer must return the product within 14 days.
- 4. Brouwhoeve Delicatessen will refund the purchase amount after the return has been received or after the consumer has demonstrated that the product has been returned.
- 5. Refunds will be made using the same payment method as the one used for the order, unless otherwise agreed.
- 6. The costs for return shipping are the responsibility of the consumer, unless
Brouwhoeve Delicatessen indicates otherwise in writing.
Article 10. Exceptions to the right of withdrawal
- The right of withdrawal does not apply or may be lost for:
- 1. products that spoil quickly or have a limited shelf life;
- 2. sealed products that are not suitable for return for health protection or hygiene reasons and whose seal has been broken after delivery;
- 3. products that are specially made or personalized for the customer;
- 4. gift packages or custom packages that have been assembled at the request of the customer;
- 5. products that have been irrevocably mixed with other products after delivery;
- 6. opened food products for which safety or quality can no longer be
guaranteed.
Article 11. Return Conditions
- 1. Products must be returned unused, undamaged, complete and, where applicable, unopened and sealed.
- 2. Food products may only be returned if this is legally permitted and safety, hygiene and marketability have not been compromised.
- 3. The customer is responsible for depreciation that occurs due to use that exceeds what is necessary to establish the nature, characteristics and functioning of the product.
- 4. Breakage, damage or incorrect delivery must be reported as soon as possible after receipt
with photos.
Article 12. Complaints
- 1. Complaints about delivery, damage, breakage, incorrect products or quality must be reported as soon as possible.
- 2. In case of visible damage, the customer must send photos of the packaging, the product and the shipping label.
- . Brouwhoeve Delicatessen is given a reasonable period to assess and resolve the complaint.
- 4. A complaint does not suspend the payment obligation of business customers.
Article 13. Gift Packages and Combined Packages
- 1. Gift packages may consist of multiple products.
- 2. The composition is represented as accurately as possible.
- 3. If a component is not available, Brouwhoeve Delicatessen may replace it with a comparable or better alternative.
- 4. For packages containing alcohol, the minimum age of 18 years applies.
- 5. Personalized or specially composed packages cannot be
returned unless there is a mistake by Brouwhoeve Delicatessen.
Article 14. Business customers
- 1. There is no statutory right of withdrawal for business customers, unless otherwise agreed in writing.
- 2. Business orders, custom packages, promotional gifts, and large quantities cannot be canceled free of charge once the order has been processed, assembled, purchased, or produced.
- 3. Brouwhoeve Delicatessen may require a deposit or full prepayment for business orders.
- 4. Business customers are responsible for resale, storage,
product information, allergen information, and compliance with laws and regulations towards
their own customers.
Article 15. Retention of title
- 1. Products remain the property of Brouwhoeve Delicatessen until full payment is received.
- 2. The customer may not resell or process products as long as they are not fully
paid, unless otherwise agreed in writing.
Article 16. Liability
- 1. Brouwhoeve Delicatessen is only liable for direct damage that is the immediate result of a demonstrable shortcoming. 2. Brouwhoeve Delicatessen is not liable for indirect damage, consequential damage, lost profits, loss of revenue, reputational damage, or damage due to improper use, improper storage, or incorrect processing of products.
- 3. Liability is limited to the amount of the relevant order.
- 4. This limitation does not apply in cases of intent or willful recklessness.
Article 17. Force majeure
- 1. Brouwhoeve Delicatessen is not obliged to fulfill obligations in case of force majeure.
- 2. Force majeure includes, among other things, disruptions at suppliers, carriers,
payment providers, hosting, webshop software, illness, staff shortages, fire,
war, weather conditions, government measures, inventory problems,
import issues, and food safety incidents.
Article 18. Privacy
- 1. Brouwhoeve Delicatessen processes personal data according to the privacy statement.
- 2. Personal data is used for ordering, payment, delivery,
customer service, administration, and, if consent is given, marketing.
Article 19. Applicable law
- 1. Dutch law applies to all agreements.
- 2. Disputes are first discussed in mutual consultation.
- 3. If the parties cannot reach an agreement, the dispute will be submitted to the competent
court in the Netherlands.