Terms and conditions 247DRANK®

247DRANK® International B.V., hereinafter: 247DRANK®
247DRANK®, is registered with the Chamber of Commerce under number 83270612 and is located at Keizersgracht 520 H, 1017EK in Amsterdam.
 
Article 1 Concepts
1. In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:
2. Offer: Any offer to the Buyer to deliver Products by the Seller to which these terms and conditions are inextricably linked.
3. Business: The natural or legal person acting in the exercise of a profession or business.
4. Consumer: The natural person who does not act in the exercise of a profession or business.
5. Buyer: The Company or consumer who enters into a Distance Agreement with the Seller.
6. Agreement: The purchase agreement (remote) that extends to the sale and delivery of Products purchased by the Buyer from 247DRANK
®.
7. Products: Products offered by 247DRANK® are alcoholic and non-alcoholic beverages.
8. Seller: The Supplier of Products to Buyer, hereinafter: 247DRANK
®.
 
Article 2 Applicability
1. These general terms and conditions apply to every Offer of 247DRANK
® and every Agreement between 247DRANK® and a Buyer and to every Product offered by 247DRANK®.
2. Before an Agreement (remotely) is concluded, the Buyer will have access to these general terms and conditions. If this is not reasonably possible, 247DRANK
® will indicate to the Buyer how the Buyer can view the general terms and conditions, which are in any case published on the website of 247DRANK®, so that the Buyer can easily store these general terms and conditions on a durable medium.
3. In exceptional situations, these general terms and conditions may be deviated from if this has been explicitly agreed with 247DRANK
® in writing.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are explicitly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely null and void or are annulled, the other provisions of these general terms and conditions will remain in force and the void/voided provision(s) will be replaced by a provision with the same scope as the original provision.
6. Ambiguities about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If these general terms and conditions refer to them, this should also be understood as a reference to him/her, if and to the extent applicable.
 
Article 3 The Offer
1. All offers made by 247DRANK
® are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this is explicitly stated in the offer. An Offer is only available if it has been recorded in writing.
2. 247DRANK
® is only bound by the Offer if the acceptance thereof by the Buyer is confirmed in writing within 30 days at the latest, or because the Buyer has already paid the amount due. Nevertheless, 247DRANK® has the right to refuse an Agreement with a potential Buyer for a reason justified for 247DRANK®.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is so detailed that the Buyer is able to make a good assessment of the Offer. Obvious errors or errors in the Offer cannot bind 247DRANK®. Any images and specific data in the Offer are only an indication and cannot be grounds for any compensation or the dissolution of the Agreement (remotely). 247DRANK® cannot guarantee that the colors in the image exactly match the real colors of the Product.
4. Delivery times and Periods stated in the Offer of 247DRANK
® are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless explicitly agreed otherwise.
5. A composite quotation does not oblige 247DRANK
® to deliver part of the goods included in the offer or Offer at a part of the stated price.
6. If and insofar as there is an offer, this does not automatically apply to reorders. Offers are only valid until stocks last, and according to the on-is-on principle.
 
Article 4 Conclusion of the Agreement
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer of 247DRANK
® by means of a confirmation by e-mail.
2. An Offer can be made by 247DRANK
® via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with 247DRANK
®, 247DRANK® will confirm the Agreement with the Buyer in writing, at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, 247DRANK
® is not bound by it.
5. 247DRANK
® is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The right of withdrawal is excluded for the Buyer being a company. The buyer being a Consumer has the right to assert its right of withdrawal within the statutory period. If withdrawal applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are at the expense of the Buyer.
 
Article 5 Implementation of the Agreement
1. 247DRANK
® will execute the Agreement to the best of its knowledge and ability.
2. If and to the extent that proper execution of the Agreement requires this, 247DRANK
® has the right to have certain activities carried out at its own discretion by third parties.
3. The Buyer shall ensure that all data, which 247DRANK
® indicates is necessary or which the Buyer should reasonably understand to be necessary for the execution of the Agreement, is provided to 247DRANK® in a timely manner. If the data necessary for the execution of the Agreement have not been provided to 247DRANK® in a timely manner, 247DRANK® has the right to suspend the execution of the Agreement.
4. In the execution of the Agreement, 247DRANK
® is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions provide additional work for 247DRANK®, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. 247DRANK
® is not liable for damage of any kind that has arisen because 247DRANK® has relied on incorrect and/or incomplete data provided by the Buyer, unless this inaccuracy or incompleteness was known for 247DRANK®.
6. The Buyer indemnifies 247DRANK® against any claims of third parties, who suffer damage in connection with the execution of the Agreement and which are attributable to the Buyer.
 
Article 6 Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not or has not provided all requested information in time, does not cooperate sufficiently, the (purchase) payment has not been received in time by 247DRANK
® or due to other circumstances outside the control of 247DRANK® any delay arises, 247DRANK® is entitled to a reasonable extension of the (delivery) period. All agreed delivery periods are never fatal deadlines. The buyer must give 247DRANK® a written notice of default and give it a reasonable period of time to be able to deliver or deliver. The buyer is not entitled to any compensation due to the resulting delay.
2. The buyer is obliged to take delivery of the goods at the time when they are made available to it according to the Agreement, even if these are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions necessary for the delivery, 247DRANK
® is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by 247DRANK
® or an external carrier, 247DRANK® is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless explicitly agreed otherwise.
5. If 247DRANK
® requires data from the Buyer in the context of the execution of the Agreement, the delivery time only starts after the Buyer has made all data necessary for the execution available to 247DRANK®.
6. If 247DRANK® has specified a time limit for delivery, it is indicative. Longer delivery times apply for delivery outside the Netherlands.
7. 247DRANK
® is entitled to deliver the goods in parts, unless this has been deviated from by the Agreement or the partial delivery is not independent value. 247DRANK® is entitled to invoice the delivered goods separately.
8. Deliveries will only be carried out if all invoices have been paid unless explicitly agreed otherwise. 247DRANK
® reserves the right to refuse delivery if there are well-founded fears of non-payment.
 
Article 7 Packaging and transport
1. 247DRANK
® undertakes towards the Buyer to properly package and secure the goods to be delivered in such a way that they reach their destination in good condition in normal use.
2. Unless otherwise agreed in writing, all deliveries including sales tax (VAT), including packaging and packaging material, will take place.
3. The acceptance of goods without comments on the consignment note or receipt shall be considered proof that the packaging was in good condition at the time of delivery.
 
Article 8 Investigation, complaints
1. The buyer is obliged to examine the delivered goods at the time of delivery or delivery, but in any case within 14 days after receipt of the delivered goods, but only to that extent unpack or use it to the extent necessary to be able to assess whether it retains the Product. In doing so, the Buyer must investigate whether the quality and quantity of the delivered goods corresponds to the Agreement and the Products comply with the requirements that apply to them in normal (commercial) traffic.
2. The Buyer is obliged to examine and inform himself how the Product should be used and, in case of personal use, to test the Product in accordance with the instructions for use. 247DRANK
® acknowledges no liability for the incorrect use of the Product by the Buyer.
3. Any visible defects or defects must be reported in writing to 247DRANK
® on customerservice@247drank.com after delivery. The buyer has a period of 14 days after delivery. Non-visible defects or defects should be reported within 14 days of the discovery but no later than 6 months after delivery. In the event of damage to the Product due to careless handling by the Buyer himself, the Buyer is liable for any depreciation of the Product.
4. If, pursuant to the previous paragraph, the buyer is complained about in a timely manner, the Buyer remains obliged to pay for the purchased goods. If the Buyer wishes to return defective goods, this will only be done with the prior written permission of 247DRANK
® in the manner indicated by 247DRANK®.
5. 247DRANK® is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will take place.
6. In the event of a well-founded complaint, the Buyer will receive a replacement Product and/or a goodie bag as soon as possible.
7. In the absence of a full delivery, and/or if one or more Products are missing, and this is due to 247DRANK
®, 247DRANK® will, after a request from the Buyer, send the missing Product(s) or cancel the remaining order. The acknowledgement of receipt of the Products is the guiding part of this. Any damage suffered by the Buyer as a result of the (deviating) scope of the delivery cannot be recovered from 247DRANK®.
 
Article 9 Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates.
2. The prices stated in the Offer include VAT, unless explicitly stated otherwise.
3. The prices mentioned in the Offer are based on the cost factors applicable at the time of conclusion of the Agreement such as: import and export duties, freight and unloading costs, insurance and any levies and taxes.
4. In the case of Products or raw materials of which there are price fluctuations on the financial market and over which 247DRANK
® has no influence, 247DRANK® may offer these Products with variable prices. The Offer states that the prices are target prices and may fluctuate.
 
Article 10 Payment and collection policy
1. Payment should preferably be made during delivery in the currency in which it was invoiced using the indicated method.
2. The buyer cannot derive any rights or expectations from a pre-issued budget, unless the parties have explicitly agreed otherwise.
3. The buyer must pay at once on the account number and details of 247DRANK
® made known to it. The parties can only agree on a different payment term after explicit and written permission from 247DRANK®.
4. If a periodic payment obligation of the Buyer has been agreed, 247DRANK® is entitled to adjust the applicable prices and rates in writing with due observance of a period of 3 months.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, the claims of 247DRANK
® against the Buyer are immediately due and payable.
6. 247DRANK
® has the right to have the payments made by the Buyer first of all deducted from the costs, then deducted from the interest that has been opened and finally deducted from the principal sum and the accrued interest. 247DRANK® may, without being in default, refuse an offer to pay if the Buyer designates a different order for the allocation. 247DRANK® may refuse full repayment of the principal if the outstanding and accrued interest as well as the costs are not also paid.
7. If the Buyer does not comply with its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, the Buyer is a Company in default. The Buyer being a Consumer will only receive a written reminder with a period of 14 days after the date of the reminder to still comply with the payment obligation, stating the extrajudicial costs if the Consumer does not meet his obligations within that period, before she becomes in default.
8. From the date that the Buyer is in default, 247DRANK
® will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the scale of the decision compensation for extrajudicial collection costs of 1 July 2012.
9. If 247DRANK
® has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The legal and execution costs incurred are also at the expense of the Buyer.
 
Article 11 Guarantee
247DRANK
® guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and/or soundness and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified the Seller of this use in writing at the time of entering into the Agreement.
 
Article 12 Instructions for use
1. Buyer of Products must follow the regulations and instructions of 247DRANK
®.
2. In the case of consumption of alcoholic beverages, the legal minimum age shall apply. Buyer is responsible for enforcing the relevant legislation upon delivery.
3. Alcohol can be a risk to human health, the statements of 247DRANK
® and its representatives should therefore never be interpreted as medical advice. If in doubt, contact a doctor or dietitian.
 
Article 13 Suspension and dissolution
1. 247DRANK
® is entitled to suspend the fulfilment of the obligations or to dissolve the Agreement, if the Buyer does not or does not fully comply with the (payment) obligations under the Agreement.
2. In addition, 247DRANK
® is entitled to dissolve the Agreement existing between it and the Buyer, insofar as it has not yet been executed, without judicial intervention, if the Buyer, does not comply in time or not properly with the obligations arising for him from any Agreement concluded with 247DRANK®.
3. Furthermore, 247DRANK® is entitled to dissolve the Agreement without prior notice of default if circumstances arise that are of such a nature that compliance with the Agreement can no longer be demanded or according to standards of reasonableness and fairness or if otherwise circumstances arise that are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, the claims of 247DRANK® against the Buyer are immediately payable. When 247DRANK® suspends the fulfilment of the obligations, it retains its claims under the law and agreement.
5. 247DRANK® always reserves the right to claim damages.
 
Article 14 Limitation of liability
1. If the performance of the Agreement by 247DRANK® leads to liability of 247DRANK® towards the Buyer or third parties, that liability is limited to the costs charged by 247DRANK® in connection with the Agreement unless the damage has arisen due to intent or gross negligence. The liability of 247DRANK® is in any case limited to the amount of damage paid by the insurance company per event per year.
2. 247DRANK® is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage as a result of the use of the delivered Products is excluded. The Consumer is subject to a restriction in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. 247DRANK® is not liable for and/or obliged to repair damage caused by the use of the Product. 247DRANK® provides strict maintenance and use instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using is expressly excluded from liability (including traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. 247DRANK® is not liable for damage that is or may be the result of any acts or omissions as a result of (imperfect and/or incorrect) information on the website(s) or of linked websites.
5. 247DRANK® is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailable of the website for any reason.
6. 247DRANK® does not guarantee the correct and complete transmission of the content of and sent by/on behalf of 247DRANK
®, nor for its timely receipt.
7. All claims of the Buyer for failure on the part of 247DRANK® will lapse if these have not been reported in writing and reasoned to 247DRANK® within one year after the Buyer was aware or could reasonably be aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the end of the Agreement.
 
Article 15 Force majeure
1. 247DRANK® is not liable if, as a result of a force majeure situation, it cannot fulfil its obligations under the Agreement, nor can it be obliged to fulfil any obligation, if it is prevented from doing so as a result of a circumstance that is not due to its fault and is not for its account under the law, legal act or prevailing views.
2. Force majeure is in any case understood, but is not limited to what is understood in the law and jurisprudence, (i) force majeure of suppliers of 247DRANK
®, (ii) failure to properly fulfil obligations of suppliers prescribed or recommended by buyer to 247DRANK®, (iii) defect of goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure , (vi) disruption of the Internet, data network and telecommunications facilities (e.g. by: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the company of 247DRANK® and (xi) other situations that, in the opinion of 247DRANK®, fall outside its sphere of influence that temporarily or permanently prevent the fulfilment of its obligations.
3. 247DRANK® has the right to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after 247DRANK® should have fulfilled its obligation.
4. The parties may suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without obligation to pay compensation for damage to the other party.
5. For as far as 247DRANK® has already partially fulfilled or will be able to fulfil its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled is independent value, 247DRANK® is entitled to invoice the part already fulfilled or to be fulfilled separately. The buyer is obliged to pay this invoice as if it were a separate Agreement.
 
Article 16 Transfer of risk
The risk of loss or damage to the Products that are the subject of the Agreement passes to the Buyer being a company at the time when the goods leave the warehouse of 247DRANK
®. For Consumers, the aforementioned risk passes to the Buyer if the Products have been provided in the power of the Buyer. This is the case if the Products have been delivered to the delivery address of the Buyer.
 
Article 17 Intellectual Property Rights
1. All intellectual property rights and copyrights of 247DRANK® are exclusively vested in 247DRANK® and are not transferred to the Buyer.
2. The Buyer is prohibited from revealing and/or multiplying, modifying or making available to third parties all documents on which the intellectual property rights and copyrights of 247DRANK® rest without the express prior written permission of 247DRANK
®. If the Buyer wishes to make changes to goods delivered by 247DRANK®, 247DRANK® must explicitly agree to the proposed changes.
3. The Buyer is prohibited from using the Products on which the intellectual property rights of 247DRANK® rest differently than agreed in the Agreement.
 
Article 18 Privacy, data processing and security
1. 247DRANK® handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, 247DRANK® will inform the data subject about this.
2. If, pursuant to the Agreement, 247DRANK® is required to provide security of information, this security shall comply with the specifications and a level of security that is not unreasonable in view of the state of the art, the sensitivity of the data, and the associated costs.
 
Article 19 Complaints
1. 247DRANK® makes every effort to carry out a telephone check after the sale of Products to check whether the Buyer is satisfied.
2. If the Buyer is not satisfied with the Products of 247DRANK® and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via customerservice@247drank.com with the subject "Complaint".
3. The complaint must be sufficiently substantiated and/or explained by the Buyer if 247DRANK® is to be able to deal with the complaint.
4. 247DRANK® will respond to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
5. The parties will try to reach a joint solution.
 
Article 20 Applicable law
1. Dutch law applies to every Agreement between 247DRANK® and buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and scope of these general terms and conditions, the Dutch text thereof is always decisive. 247DRANK® has the right to change these general terms and conditions unilaterally.
3. All disputes arising from or as a result of the Agreement between 247DRANK® and the Buyer will be settled at the competent District Court of Amsterdam unless provisions of mandatory law lead to the jurisdiction of another court.
 
 
Amsterdam, 29 July 2021.


 
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