General Terms and Conditions of Rebelbeercans
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Articele 5 – The agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the withdrawal period
Article 8 – Costs in case of withdrawal
Article 9 – Exclusion of the right of withdrawal
Article 10 – The price
Article 11 – Compliance and warranty
Article 12 – Delivery and execution
Article 13 – Duration transactions
Article 14 – Payment
Article 15 – Complaints procedure
Article 16 – Disputes
Article 17 – Additional or different provisions
Article 18 – Age limit
Article 1 – Definitions
In these terms and conditions the following definitions apply:
Grace period: by grace period Rebelbeercans means the statutory period of 14 days right of withdrawal and the agreement.
Consumer: the natural person who does not act in the exercise of profession or business and enters into a remote agreement with Rebelbeercans.nl;
Day: calendar day;
Working day: a day falling on a Monday through Friday, excluding officially recognised public holidays
Digital content: this is the data produced and delivered in digital form.
Contract: this is the contract for the delivery of goods during a specified period.
Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
Model form: the model withdrawal form made available by the entrepreneur which a consumer can fill in when he wants to exercise his right of withdrawal.
Entrepreneur: the natural is the natural person acting under the name Rebelbeercans who offers products and/or services to consumers remotely
Distance agreement: an agreement whereby, within the framework of a system organised by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Name: entrepreneur; Mr Ruben Koppe, trading under the name Rebelbeercans
Business address: Achterberghstraat 23, 5281 AB, Boxtel
E-mail address: contact@rebelbeercans.nl
Chamber of Commerce number: 74861298
Btw-identificatienummer: NL002180268B82 (VAT)
Article 3 – Applicability
These general terms and conditions always apply to the full offer and to every distance contract concluded between rebelbeercans and the consumer.
Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur’s premises. The consumer can consult these terms and conditions at any time on the website www.rebelbeercans.nl.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable data carrier. If this is not reasonably possible, before the distance contract 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 consumer’s request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the consumer may always rely on the applicable provision that is most favourable to him.
If one or more provisions in these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions shall otherwise remain in force and the provision concerned shall be replaced without delay by mutual agreement with a provision that approximates the purport of the original as closely as possible.
Situations not provided for in these general terms and conditions should be assessed ‘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 should be interpreted ‘in the spirit’ of these general terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly mentioned with the product or action offered.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services on offer. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images of products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
This concerns in particular:
the price including taxes;
any shipping costs
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the agreement;
the period for accepting the offer, or the period within which the trader guarantees the price;
the level of the rate of distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement is archived after its conclusion and, if so, the way in which it can be consulted by the consumer;
the manner in which the consumer, before concluding the contract, can check and, if desired, rectify the data provided by him under the contract;
any languages other than Dutch in which the contract can be concluded;
the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in case of an extended transaction.
Article 5 – The agreement
Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfils the terms and conditions stipulated therein.
If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
Since the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to protect the electronic transfer of data and shall ensure a secure web environment. The entrepreneur will also take appropriate security measures in connection with electronic payment.
The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. The email address of rebelbeercans where the consumer can go with complaints;
b. the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
c. the information on guarantees and existing after-sales service;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided the consumer with these data before the implementation of the agreement;
e. If the consumer has a right of withdrawal, the model form for reopening.
Article 6 – Right of withdrawal
On delivery of products:
When purchasing products, the consumer has the possibility of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to Rebelbeercans within 14 days, after receipt of the product. The consumer must make this known using the model form. After the consumer has expressed his wish to use his right of withdrawal, the customer must return the product within 14 days. The consumer has to prove that the delivered goods have been returned in time, e.g. by means of a proof of dispatch. If the customer has not expressed his wish to use his right of withdrawal or has not returned the product to the entrepreneur after the expiry of the periods mentioned in paragraphs 2 and 3, the purchase is a fact.
Article 7 – Obligations of the Consumer during the reflection period
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product to the trader with all delivered accessories and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader. The basic principle here is that the consumer may only hold em inspect the product as he would be able to do in a shop.
Article 8 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear no more than the costs of returning the product.
The consumer returns the product with all delivered accessories and instructions provided by the entrepreneur.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the entrepreneur or conclusive evidence of complete return can be presented.
When refunding, the trader will use the same means of payment that the consumer used hot. Unless the consumer agrees or requests another method.
There are no costs for the consumer for the refund.
Article 9 – Exclusion of right of withdrawal
The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with consumer specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that spoil or age quickly;
e. for hygiene/health protection products and beers of which the consumer has broken the seal after delivery.
Article 10 – The price
During the validity period stated in the offer, the prices of the products and/or services on offer will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 11 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.
A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer can enforce against the trader on the basis of the agreement.
Any defective or wrongly delivered products should be reported to the entrepreneur in writing within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
Article 12 – Delivery and execution
The company will take the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company. Delivery to a PostNL location may be opted for.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with convenient speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or can only be partially carried out, the consumer will be informed about this at the latest 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to any compensation.
By delivery, Rebelbeercans means the following: if the consumer places an order before 16:00 on working days, the shipment will take place the same day. If an order is placed after 16:00 or on a non-working day, shipment will take place on the first following working day. In busy periods, shipment may be delayed by one working day. All delivery periods are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a term gives the consumer no right to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. Upon delivery at the latest, it will be clearly and comprehensibly stated that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless explicitly agreed otherwise.
Article 13 – Duration transactions:
The consumer may terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products or services at any time subject to termination rules agreed for that purpose and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract that was concluded for the regular delivery of products (including beer subscriptions) or services at any time at the end of the fixed term in compliance with the applicable termination rules and a period of notice that does not exceed one month.
The consumer can terminate the agreements mentioned in the previous paragraphs:
Article 14 – Payment
Unless otherwise agreed, the amounts owed by the consumer should be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
When selling products to consumers, the general terms and conditions may never require the consumer to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the order in question before the stipulated advance payment has been made.
The consumer has the duty to immediately report inaccuracies in payment details provided or mentioned to the entrepreneur.
In case of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
Article 15 – Complaints procedure
Rebelbeercans has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted within 7 days fully and clearly described to contact@rebelbeercans.nl, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises which is subject to the dispute settlement procedure.
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, either replace the delivered products free of charge.
Article 16 – Disputes
Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law. Even if the consumer resides abroad.
Article 17 – Additional or different provisions
Only Dutch law applies to contracts between the entrepreneur and the consumer, to which these general terms and conditions relate.
Article 18 – Age limit
Visitors to www.rebelbeercans.nl must enter their age by means of the ‘agecheck’ before being admitted to the website.
The minimum age for visiting the website or making purchases on the website is 18. When delivering the order, the delivery person must check the age of the person to whom the order is being delivered. The delivery person will therefore ask for proof of identity. This age verification of the recipient is carried out anyway up to the age of 25, above that based on observation of the delivery driver. Valid proof of identity means in any case national passports and European identity cards. If the age requirement is not met, the order will not be delivered. If the order could not be delivered due to failure to meet the age requirement, a cancellation fee of €9.95 will be charged.
