fbpx
 
 

Terms and Conditions

Terms and Conditions
Nevel B.V.

Nevel B.V. adheres to the NIX principle and only sells to people of 18 years or older.

General Information

Name: Mattias Terpstra and Vincent Gerritsen, trading as Nevel B.V..

Address; Waalbandijk 8D, 6541 AJ Nijmegen, Nederland
E-mail; info@nevel.org
Chamber of Commerce Number: 72453605
VAT identification number: NL859114168B01

1. Definitions

  1. Reflection period: the period within which the consumer can make use of their right of withdrawal;
  2. Consumer: the natural person who enters into a distance contract with Nevel B.V.;
  3. Day: calendar day;
  4. Membership: subscription;
  5. Durable data carrier: any means that makes it possible to store information that is addressed to them personally in a way that enables future consultation and unaltered reproduction of the stored information;
  6. Right of withdrawal: the possibility for the consumer to renounce the distance contract;
  7. Model form: the model form for withdrawal that Nevel B.V. makes available, which a consumer can fill in when they want to make use of their right of withdrawal;
  8. Distance contract: an agreement whereby, in the context of a system organized by Nevel B.V. for distance sales of products and / or services, up to and including the reaching of the agreement, exclusively one or more techniques for distance communication are used;
  9. Terms and Conditions: the terms and conditions of Nevel B.V. established here.

2. Applicability

  1. The terms and conditions are applicable to every offer made by Nevel B.V., among which, but not exclusively remote purchases.
  2. The terms and conditions are made available to the consumer with every transaction. In addition, these can be sent free of charge by email at the request of the consumer.
  3. In the event that the agreement takes place entirely through the webshop at www.nevel.org, the terms and conditions will be made available electronically before the conclusion of the aforementioned agreement, and the option is offered to easily download these terms and conditions, i.e. to store them for a long time on a data carrier.
  4. Matters that are not mentioned in these general terms and conditions will be assessed ‘to the spirit’ of these general terms and conditions.
  5. Ambiguities will also be interpreted ‘to the spirit’ of these general terms and conditions.

3. Availability and Prices

  1. The offer is non-binding. Nevel B.V. has the right to change the offer.
  2. Nevel B.V. reserves the right to unilaterally dissolve a concluded agreement for the purpose of stock management. This will be done in reverse chronological order, whereby the last agreement concluded will be first to be dissolved.
  3. The offer is accompanied by an accurate description of the products and/or services offered. The description enables the consumer to make an adequate assessment of the offer and to base their purchase decision on it.
  4. Nevel B.V. cannot be bound by plausible mistakes or errors in the price, description, (electronic) communication, or accompanying images.
  5. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. Whenever Nevel B.V. uses images, these are a truthful representation of the products and/or services offered.
  6. Products that are available in limited quantities can be limited to a number per consumer, per sales session, as stated in the product description. The sales session lasts from the moment that the relevant product is available in the webshop until the moment that this product is sold out.
  7. When the consumer exceeds this limit of purchases per sales session, Nevel B.V. reserves the right to unilaterally cancel their agreement(s).
  8. Images, product descriptions or other product specifications are indicative and cannot give rise to compensation or the dissolution of the agreement.
  9. Communication and product description are in English, unless stated otherwise. By entering into the agreement, the consumer declares to have sufficient command of the English language to fully understand and accept the conditions and consequences of the agreement.
  10. All prices include taxes, unless stated otherwise.
  11. All prices are subject to printing and typing errors. Nevel B.V. cannot be held liable for printing and typing errors.
  12. All product prices are exclusive of shipping costs. The shipping costs are indicated separately. www.nevel.org/webshop/.

4. Agreement

  1. The agreement is concluded, with the exception of the points mentioned in ‘Availability and Prices’, when they are accepted by the customer and the conditions set can be met.
  2. The moment of electronic acceptance of the contract takes place when the consumer clicks the ‘Place Order’ button on the checkout page (https://nevel.org/en/shopping-basket/) or when the consumer completes the payment of an order.
  3. When the customer accepts the agreement electronically, Nevel B.V. will send confirmation of acceptance by email as soon as possible, via the email address provided by the customer. Until Nevel B.V. has sent the confirmation to the email address indicated by the customer, the agreement can be dissolved by the customer.
  4. Nevel B.V. will take proper measures to ensure the security of the electronic transfer of information within the complete online environment of www.nevel.org.
  5. The agreement lapses if one or more products mentioned in the agreement are not in stock or available.

5. Right of withdrawal

5.1. Delivery of products

  1. After purchase, the consumer can dissolve the agreement for each delivered product without giving reasons within 14 days. This reflection period starts on the day of receipt of the product by the consumer or a representative designated in advance by the consumer and announced to Nevel B.V..
  2. Within the reflection period, the consumer will handle the products and packaging with care. The packaging of the product will only be opened insofar as this enables the consumer to assess whether they want to keep the product. If the consumer wishes to make use of their right of withdrawal, they will return the product complete with its packaging and accessories, as far as reasonably possible, in its original condition.
  3. When the customer has opened the packaging of food or drinks, the right of withdrawal expires. Opening is understood to mean: to remove the crown cork or cork, to saber or break open the bottle, or to break the airtight seal in some other way — this list is not exhaustive. However, the rights with regard to conformity and warranty remain valid.
  4. If the consumer wishes to exercise their right of withdrawal, they will inform Nevel B.V. by email (info@nevel.org) about the termination of the agreement, and await further reasonable and clear instructions regarding the return of the products. Nevel B.V. will assess who will have to pay the costs of return shipment.
  5. After the customer has received instructions from Nevel B.V. regarding the return of the products, they have 14 days to return the affected products. If the consumer is asked by Nevel B.V., the consumer will provide proof that the products have been returned within this period. As proof, among others, a proof of posting is accepted.
  6. If the consumer does not make it known within the period referred to in paragraph 1 that they are exercising their right of withdrawal, or do not return the product within the period referred to in paragraph 5, the agreement is final. Only Nevel B.V. may make an exception to this, which will be confirmed to the consumer in writing.

5.2 Refunds

  1. In the event that the purchase is refunded, if the order has not yet been shipped, the purchase amount including shipping costs may be refunded.
  2. Once the products to be delivered have been handed over to the shipping provider, the shipping costs will not be refunded.
  3. Unless otherwise described, the payment method fee cannot be credited, as these costs are charged by our payment provider at the time of payment: This service has already been used by the consumer.
  4. When a product is returned by the customer, refunds will be credited back within 14 days after receipt of the product by Nevel B.V.. If a product is found to be incomplete or damaged upon return after invoking the right of withdrawal (as described in section 5.1), Nevel B.V. is free to deduct these defects from the amount to be credited in all reasonableness.
  5. Refunds will be credited back via the payment method used during the purchase to be credited.

6. Conformity and Warranty

  1. Nevel B.V. guarantees that the products and/or services comply with the agreement, the product characteristics stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions existing on the date of the conclusion of the agreement and/or government regulations. Exceptions to the agreement and the product characteristics stated in the offer are referred to in article 3.
  2. If agreed in writing, Nevel B.V. also guarantees that the product is suitable for other than normal use.
  3. Any defects or incorrectly delivered products must be reported in writing to Nevel B.V. within 28 days.
  4. If Nevel B.V. requests the consumer to return the defective or faulty product, the product must be returned in unopened packaging and in new condition.
  5. When applicable, the warranty period adhered to by Nevel B.V. is equal to the manufacturer’s warranty period. In addition, Nevel B.V. can never be held responsible for the suitability of the products for any specific use of the consumer, or for any advice regarding their use.
  6. The warranty does not apply if:
  • The consumer discovers a defect in the taste or drinking experience of the product. Nevel B.V. is not obliged to accept this statement as a valid reason for return. The proverb ‘There is no accounting for taste’ applies;
  • the consumer has adjusted or repaired the product, or has had this done;
  • the product has been exposed to harmful conditions. Harmful conditions can include shaking, dropping, prolonged vibration, and bringing to elevated atmospheric pressure — this list is not exhaustive;
  • the product contains only naturally occurring impurities. This includes sediment, turbidity, carbon dioxide — this list is not exhaustive;
  • the defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.

7. Delivery and Fulfillment

7.1 Fulfillment

Nevel B.V. makes every effort to handle incoming orders with the utmost care and accuracy.

7.2 Shipment of orders

  1. The place of delivery is the shipping address that the consumer has made known to Nevel B.V.. This is unless the consumer has chosen to collect their order.
  2. Accepted orders will be shipped no later than, but as soon as is practical, within 30 days of ordering, unless the consumer has agreed to a different delivery period.
  3. As soon as the shipment has been handed over to the shipping provider, Nevel B.V. will notify the consumer as soon as possible by sending a link to a ‘Track & Trace’ web page. On this page, the consumer is notified of the shipping status of their order.
  4. If the shipment is not delivered within the periods referred to in paragraph 2, the consumer may terminate the agreement unilaterally.
  5. All stated delivery times outside these conditions are indicative, and no rights can be derived from this.
  6. In the event that the consumer exercises the right to terminate the agreement, as referred to in paragraph 4, Nevel B.V. will refund the full purchase amount, including shipping costs and payment method fee within 14 days of the order date. Also see article 5.2.
  7. In the event that the delivery of an ordered product proves impossible, Nevel B.V. will inform the consumer of this as soon as is practicable, but no later than 14 days from the order date, and will, within 14 days of informing the consumer, refund the full purchase price, including shipping costs and the ‘payment fee’ (payment method surcharge).
  8. The risk of loss or damage lies with Nevel B.V., unless stated otherwise, until the order has been transferred to the consumer or a representative designated in advance by the consumer and announced to Nevel B.V..

7.3 Picking up orders

  1. When it has been agreed that a customer will pick up their order, they have 30 days, ‘the 30-day period’, to make an appointment to collect the order in question.
  2. The pick-up address will be communicated to the customer by email at the start of the 30-day period.
  3. After the expiry of the 30-day period, the customer will be notified by email by Nevel B.V. of the expiry of the period, and the customer will be given the opportunity to make another appointment within 14 days: ‘the 14-day period’. The customer will also be offered the option to pay for the shipment of the order, should they be unable to collect the order.
  4. The appointment made in the 14-day period may be a maximum of 30 days in the future from the moment of making an appointment proposal.
  5. If, after the expiry of both the 30-day period and the 14-day period, the customer has not picked up the order, nor have they paid for the shipment of the order, nor have they made a collection appointment, Nevel B.V. may terminate the agreement, and reimbursement will take place as described in article 5.2.

8. Payment

8.1 Payment method fee

A surcharge applies for some payment methods. This can consist of a flat rate, a percentage of the subtotal (the purchase amount including any shipping costs and VAT) or a combination of the two. This surcharge differs in rate per payment method.

9. Risks

9.1 Recommended use

  1. The use of alcohol during pregnancy is strongly discouraged.
  2. Also, excessive use of alcohol is strongly discouraged.
  3. The consumer is expected to be aware of the risks and health guidelines associated with alcohol consumption. Nevel B.V. is therefore never held responsible for informing about the risks of alcohol consumption.

9.2 Liability

  1. Consuming alcohol is not without risks. The use of alcohol can be harmful to your health. The consumer will never hold Nevel B.V. liable for any damage or injury as a result of consumption or use of Nevel B.V. products.
  2. Nevel B.V. is not liable for any damage or injury as a result of incorrect opening or handling of the packaging. Incorrect handling includes shaking, dropping, prolonged vibration, and bringing under increased atmospheric stress, however, this list is not exhaustive.

10. Disputes

10.1 Legal Applicability

  1. Agreements between Nevel B.V. and the consumer are exclusively governed by Dutch law, even when the consumer resides abroad.
  2. The Vienna Convention (the United Nations Convention on Contracts for the International Sale of Goods) does not apply.

11. Memberships

11.1 Validity

  1. An agreement for the membership is concluded if a) you request it and Nevel B.V. confirms this request in writing or electronically or b) the execution of the agreement is started. Or b) the execution of the membership is commenced.
  2. Memberships offered by Nevel B.V. have limited validity of 1 year (unless otherwise indicated).
  3. Your Nevel membership is automatically cancelled after one year.  You must also provide us with one or multiple ‘means of payment.’ ‘Means of payment’ includes a current, valid, accepted means of payment that may be updated from time to time. Payments made through your third party account are also covered by the term ‘means of payment.’ You authorize us to direct debit your membership fee for the next billing cycle of your legal tender. You pay the first €50,- of your subscription at the check-out. The payment dates thereafter will be every other month.
  4. The Nevel membership will be debited to your chosen Means of Payment. The length of the billing cycle depends on the type of subscription you choose when you register for the membership. In some cases, the payment date may be changed. For example, if we were unable to debit an amount from your Means of Payment or if your paid membership began on a day that does not occur in a given month.

11.2 Duration

  1. A membership is entered into for a duration of 12 months. Thereafter the subscription will be automatically stopped. During this term you cannot cancel the membership.
  2. When the consumer has a membership, information regarding the duration of the membership can be requested at any time. This can be done by emailing info@nevel.org.

11.2 Privileges

  1. A membership gives its holder the right to make a purchase 3 days before non-members can access the sale.
  2. Membership does not exclude anyone from the Terms and Conditions.
  3. Nevel B.V. reserves the right to temporarily or permanently cancel the aforementioned privileges of membership holders.
  4. Nevel B.V. also reserves the right to terminate a membership at any time, even if the period of validity has not yet expired.
  5. In the event of a change of privileges or termination of a membership, the (former) member does not need to be informed in advance or afterwards.
0