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General terms and conditions
These are our general terms and conditions of use. The terms and conditions are applicable to the use of this website. By accessing this website and/or placing an order you agree to the terms and conditions below. If you do not agree to these terms and conditions, you are not allowed to use or access this website.
General terms and conditions of sale
Article 1 – Definitions
In these terms and conditions the following definitions apply:
1. Supplier: the natural person or legal entity that offers products and/or services to consumers at a distance.
2. Consumer: the natural person that does not act in the pursuance of a profession or company and enters into a distance contract with the supplier.
3. Distance contract: a contract in which, in the context of a system of distance sales of products and/or services organized by the supplier, use is made exclusively of one or more technique of distance communication, up to and including the conclusion of the contract.
4. Technique of distance communication: means that can be used to conclude a distance contract without the simultaneous physical presence of the consumer and the supplier.
5. Cooling-off period: the period within which the consumer can make use of his cancellation right.
6. Cancellation right: the possibility for the consumer to withdraw from the distance contract during the cooling-off period.
7. Day: calendar day.
8. Extended transaction: a distance contract with respect to a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time.
9. Durable medium: any medium that enables the consumer or supplier to store information addressed to him personally in a manner that makes it possible to consult and reproduce the stored information unchanged in the future.
Article 2 – Identity of the supplier
P&F Jeruzalem d.o.o.
Kolodvorska cesta 11
2270 Ormož (Slovenia)
Telephone number: 00386 - 2 7415 700
E-mail address: info@archivewines.com
Chamber of Commerce number Slovenia: 5098599000
VAT identification number: SI64450856
Marketing & Sales activities are initiated by p&f wineries B.V. Nederland.
Article 3 - Application
1. These general terms and conditions are applicable to every offer made by the supplier and to every distance contract that arises between the supplier and the consumer.
2. The wording of these general terms and conditions is to be made available to the consumer before the distance contract is concluded. If this is not reasonably possible, the general terms and conditions are to be made available for inspection at the supplier before the distance contract is concluded.
3. If the distance contract is concluded electronically, contrary to the preceding clause and before the distance contract is concluded the wording of these general terms and conditions is to be made available to the consumer by electronic means in such a way that the consumer can store them in a simple manner on a durable medium. If this is not reasonably possible, before the distance contract is concluded details are to be given of where the general terms and conditions can be viewed by electronic means and that they will be sent free of charge by electronic means or in another way at the request of the consumer.
4. If specific product or service terms and conditions are applicable in addition to these general terms and conditions, clauses 2 and 3 apply by analogy, and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favourable for him.
Article 4 - The offer
1. If an offer has a limited validity or is given conditionally, this is to be stated explicitly in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is detailed enough to enable the consumer to make a good assessment of the offer. If the supplier uses images, these are to be a truthful representation of the products and/or services offered. Obvious error or mistakes in the offer are not binding on the supplier.
3. Every offer contains information that makes it clear to the consumer what rights and obligations are attached to acceptance of the offer. This relates in particular to:
• the price including tax
• any delivery costs
• the way in which the contract will be effected and what actions are needed for such
• whether or not the cancellation right is applicable
• the means of payment, delivery or execution of the contract
• the deadline for acceptance of the offer, or the term of validity of the price
• the price for distance communication if the cost of using the technique of distance communication is calculated other than on the basis of the base price
• if the contract is to be archived after it is effected, how it can be consulted by the consumer
• the way in which the consumer can be made aware, before the contract is concluded, of operations that he does not require, and the way in which he can rectify them before the contract is concluded
• any languages other than Dutch in which the contract can be concluded
• the codes of conduct to which the supplier adheres and the way in which the consumer can consult these codes of conduct by electronic means
• the minimum term of the distance contract in the event of an contract that involves continuous or periodic delivery of products or services.
Article 5 - The contract
1. The contract takes effect, subject to the provisions of clause 4, at the moment of acceptance of the offer by the consumer and compliance with the corresponding terms and conditions.
2. If the consumer has accepted the offer by electronic means, the supplier is to confirm receipt of the offer acceptance immediately by electronic means. As long as receipt of the offer acceptance has not been confirmed, the consumer may dissolve the contract.
3. If the contract is effected by electronic means, the supplier is to take appropriate technical and organizational measures to make the transfer of data by electronic means secure and is to ensure a secure web environment. If the consumer is able to pay by electronic means, the supplier is to take the appropriate security measures into consideration.
4. The supplier may – within the statutory framework – ascertain whether the consumer is able to meet his payment obligations, as well as all the facts and factors that are of importance with respect to entering into the distance contract responsibly. If on the basis of such research the supplier has good grounds for not concluding the contract, he is entitled to refuse an order of request, giving reasons, or to attach special conditions to the execution.
5. The supplier is to send the following information about the product or service to the consumer, in writing or in such a way the consumer can store it in an accessible manner on a durable medium:
a. the street address of the branch of the supplier where the consumer can go with complaints
b. the terms and conditions under which and the way in which the consumer can make use of the cancellation right, or clear notification that the cancellation right is excluded
c. the information about existing after-sales service and guarantees
d. the details given in Article 4 clause 3 of these terms and conditions, unless the supplier has already provided this data to the consumer prior to the execution of the contract
e. the requirements for cancellation of the contract if the contract has a term longer than a year or is for an indefinite period.
Article 6a - Cancellation right after delivery of products
1. When purchasing products the consumer has the possibility of dissolving the contract within 14 working days, without giving reasons. This period commences on the day after the product is received by or on behalf of the consumer.
2. During this period the consumer is to treat the product and the packaging with care. He is to unpack or use the product only to the extent necessary for deciding whether he wishes to keep the product. If he makes use of his cancellation right, he is to return the product to the supplier with all the delivered accessories and – if reasonably possible – in the original, undamaged condition and packaging, in accordance with the reasonable and clear instructions given by the supplier.
Article 7 – Costs in the case of cancellation
1. If the consumer makes use of his cancellation right, the return costs are for his expense.
2. If the consumer has made a payment, the supplier is to refund the amount paid as soon as possible, but in any case within 30 days after the return or cancellation.
Article 8 – Exclusion of cancellation right
1. If the consumer does not have a cancellation right, cancellation can be excluded by the supplier only if the supplier makes this clear in the offer, or at any rate in good time before the contract is concluded.
2. Exclusion of the cancellation right is possible only:
a) for products that have been produced by the supplier in accordance with the consumer’s specifications
b) for products that are clearly of a personal nature
c) for products that by their very nature cannot be returned
d) for products that can spoil or age quickly
e) for products whose the price is subject to financial market fluctuations that are beyond the supplier’s control
f) for single newspapers and magazines
g) for audio and video recordings and computer software of which the consumer has broken the seal.
Article 9 - The price
1. During the term of validity mentioned in the offer the prices of the products and/or services offered will not be increased, apart from price changes resulting from changes in VAT rates.
2. Contrary to the provisions of the preceding clause the supplier may offer variable prices for products or services whose prices are subject to financial market fluctuations that are beyond the supplier’s control. The possibility of fluctuations and the fact that any prices mentioned are guide prices are to be stated in the offer.
3. Price rises within three months after the contract takes effect are permitted only if they result from statutory regulations or provisions.
4. Price rises three months or more after the contract takes effect are permitted only if the supplier has stipulated this and:
a) it results from statutory regulations or provisions, or
b) the consumer is entitled to cancel the contract up to the day on which the price increase comes into force.
5. The prices mentioned in the offer of products or services are inclusive of VAT.
Article 10 – Conformity and Guarantee
1. The supplier warrants that the products and/or services comply with the contract, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the statutory provisions and/or government regulations in force on the date that the contract takes effect.
2. An arrangement offer as a guarantee by a supplier, manufacturer or importer does not prejudice the rights and claims that the consumer can enforce against the supplier by virtue of the law and/or the distance contract in the event that the supplier fails to fulfil his obligations.
Article 11 – Delivery and execution
1. The supplier is to exercise the greatest possible care with respect to receiving and executing orders of products and to evaluating requests to provide services.
2. The place of delivery is the address that the consumer has made known to the company.
3. Subject to the provisions of Article 4 of these general terms and conditions, the company will execute accepted orders with all due speed but in any case within no more than 30 days, unless a longer delivery term has been agreed. If the delivery is delayed, or if an order cannot be executed or can be executed only partially, the consumer is to be informed of this within one month after he has placed the order. In that case the consumer has the right to dissolve the contract at no cost and may have a right to compensation.
4. In the event of dissolution in accordance with the preceding clause the supplier is to refund the amount already paid by the consumer as soon as possible, but in any case within no more than 30 days after the dissolution.
5. If delivery of an ordered product turns out to be impossible, the supplier is to make every effort to make a replacement product available. No later than at the time of delivery, clear and comprehensible notice is to be given that a replacement product is going to be delivered. The cancellation right cannot be excluded in the case of replacement products. The return costs are for the supplier’s account.
6. Until the moment of delivery to the consumer the risk of damage and/or loss of products rests with the supplier, unless explicitly agreed otherwise.
Article 12 - Payment
1. Unless a later date has been agreed, the amounts due by the consumer are to be paid within 14 days after the delivery of the goods or, in the case of a contract to provide a service, within 14 days after the issue of documents relating to such contract.
2. When products are sold to consumers an advance payment of more than 50% may never be stipulated in general terms and conditions. If an advance payment is stipulated, the consumer may not enforce any right regarding the execution of the order or service(s) in question before the stipulated advance payment has been made.
3. The consumer is duty-bound to notify the supplier immediately of any inaccuracies in supplied or notified payment data.
4. If the consumer defaults on payment, the supplier has, subject to any legal restrictions, the right to charge any reasonable costs incurred that have been made known in advance to the consumer.
Article 13 – Complaint settlement
1. The supplier has a sufficiently publicized complaints procedure and deals with complaints in accordance with this complaints procedure.
2. Complaints about the execution of the contract must be submitted to the supplier, fully and clearly described, within a reasonable time after the consumer has identified the defects.
3. Complaints submitted to the supplier are to be answered within 14 days after the date of receipt. If a complaint requires a foreseeable longer processing time, the supplier is to respond within 14 days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
Article 14 – Additional or varying provisions
Additional provisions or provisions that vary from these general terms and conditions must not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.