Terms and conditions – Wine Anatolia B.V.
1 – SCOPE OF APPLICATION
Our terms and conditions below apply to all orders that Wine Anatolia B.V. concludes with customers based on orders via our online shop at wineanatolia.com
“Customers” are both consumers and entrepreneurs, whereby a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. In contrast, an entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.
The offers of Wine Anatolia B.V. which contain alcohol, are aimed exclusively at customers who are authorized to purchase these goods according to the respective country of delivery and the youth protection regulations applicable there.
2 – CONCLUSION OF CONTRACT
(1) The goods offers presented in our online shop are non-binding and not offers in the legal sense. By clicking the button “Add to shopping cart”, the customer can put the respective goods in the virtual shopping cart. This process is non-binding and does not constitute a contract offer. Before an order is placed, the content of the order, including the customer data, is summarized on an overview page. The customer can correct all order data there using the change fields provided. By clicking the “Buy now” button, the customer submits a binding offer to conclude a purchase contract. After placing the order, the customer receives an automatically generated email from us that confirms that we have received the order and gives its details (confirmation of receipt).
(2) The customer can save or print these general terms and conditions at any time by confirming the “Save” or “Print” button on the browser software. The customer can save and / or print out the content of his order immediately after placing his order. Furthermore, we will provide the customer with the contractual provisions including these general terms and conditions after submitting his order at the latest with delivery of the goods in text form.
(3) The customer assures that all information provided by him when ordering or registering in the online shop (e.g. name, address, email address, bank details, etc.) is truthful. Changes are to be communicated to us without delay.
(4) The contract language is exclusively Dutch, English, German & Turkish.
(5) We only deliver our goods, which are ordered directly from our shop, to recipients within the Netherlands.
3 – PRICES, SHIPPING COSTS
(1) The prices stated in our online shop include statutory sales tax.
(2) Shipping to an address within the Netherlands is carried out up to a value of goods of EUR 79.99 at the customer’s expense. An overview of the shipping options and the shipping costs caused by them can be found under the link Shipping. The shipping costs are also displayed to the customer on the overview page before the order is placed.
4 – PAYMENT
(1) Payment is generally made by credit card, instant transfer or prepayment by bank transfer, at the customer’s option. Payment on account is possible by individual arrangement.
(2) The customer is only entitled to set-off rights with claims that are undisputed by us or that have been legally established against us. The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.
(3) All additional costs incurred due to transportation, customs fees, country-specific taxes like excise tax must be borne by the customer.
5 – DELIVERY
If an ordered item cannot be delivered because we are not supplied by our supplier through no fault of ours despite his contractual obligation, we are entitled to withdraw from the contract. In this case, we will inform the customer immediately that the ordered goods are not available and reimburse any payments that have already been made.
6 – RIGHT OF WITHDRAWAL
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In order to exercise your right of withdrawal, you must inform us by e-mail: [email protected] by means of a clear declaration of your decision to withdraw from this contract. You can use the sample cancellation letter given below, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send the notification that you are exercising your right of cancellation before the cancellation period has expired.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided evidence that that you have returned the goods, whichever is earlier. You have the goods immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract
The deadline is met if you send the goods before the period of fourteen days has expired. We bear the costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.
7 – RESERVATION OF TITLE
(1) The delivered goods remain our property until they have been paid for in full.
(2) Access by third parties to the reserved goods must be reported to us by the customer immediately upon becoming known.
8 – DEFECT RIGHTS
(1) All claims for defects become statute-barred 2 years after delivery.
9 – LIABILITY FOR DAMAGES
For our liability for damages, the following exclusions and limitations of liability apply irrespective of the other statutory entitlement requirements.
(1) We are liable if we are guilty of willful intent or gross negligence. We are only liable for simple negligence in the event of a breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (so-called cardinal obligation). In addition, liability for damages of any kind, regardless of the basis for the claim, including liability for negligence when the contract is concluded, is excluded.
(2) Insofar as we are liable for simple negligence in accordance with Paragraph 1, our liability is limited to the damage that we typically had to expect based on the circumstances known at the time the contract was concluded.
(3) The above exclusions of liability and limitations do not apply if we have assumed a guarantee for the quality of the goods, nor for damage to be compensated under the Product Liability Act, nor for damage to life, body or health, nor for legal claims.
(4) The above exclusions of liability and limitations also apply in favor of our employees, vicarious agents and other third parties whom we use to fulfill the contract.
10 – DATA PROTECTION
(1) We collect and save the customer’s data necessary for business transactions. When processing the customer’s personal data, we observe the statutory provisions. Further details can be found in the data protection declaration available in our online offer.
(2) Upon request, the customer receives information at any time about the data stored about him.
(3) Web analyzes using Google Analytics
This website uses Google Analytics, a web analysis service from Google Inc., Mountain View, California, USA (“Google”). Google Analytics uses so-called “cookies”, text files that are stored on your computer and that enable your use of the website to be analyzed. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, to compile reports on website activity for the website operator and to provide other services relating to website activity and internet usage. Google may also transfer this information to third parties, if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. By using this website, you declare that you consent to the processing of the data collected about you by Google in the manner described above and for the purpose set out above. You can prevent the installation of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. By using this website, you declare that you consent to the processing of the data collected about you by Google in the manner described above and for the purpose set out above. You can prevent the installation of cookies by setting your browser software accordingly; we would like to point out, however, that in this case you may not be able to use all functions of this website to their full extent. By using this website, you declare that you consent to the processing of the data collected about you by Google in the manner described above and for the purpose set out above.
(4) We use Facebook advertisement services only on our Facebook & Instagram accounts, independently from the website. We don’t connect Facebook pixels to our website, nor do we let them track our website and customer behaviors.
11 – APPLICABLE LAW
The law of the Netherlands applies to the terms and conditions and all legal relationships between us and our contractual partners, excluding the UN Sales Convention (CISG).
12 – FINAL PROVISIONS
(1) This contract contains all agreements made between the parties on the subject matter of the contract. Verbal collateral agreements do not exist.
(2) Should individual provisions of this contract be ineffective or unenforceable, this shall not affect the validity of the remaining provisions.
13 – PROVIDER IDENTIFICATION, CARGO ADDRESS
Our address for complaints and other declarations of intent as well as our address for summons is:
Wine Anatolia B.V.
Poortland 66, 1046BD Amsterdam / Netherlands
14 – ONLINE CONSUMER DISPUTES RESOLUTION
Regulation (EU) No. 524/2013 on the online settlement of consumer disputes (ODR regulation for short) has been in force since January 9, 2016. Since that day, retailers have to provide a link to a platform on which online dispute resolution is to be made possible: