Terms and conditions

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Reflection period: the period within which the consumer can exercise their right of withdrawal;

Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Extended transaction: a distance contract regarding a series of products and/or services, where the delivery and/or purchase obligation is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the reflection period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, up to and including the conclusion of the contract, exclusively using one or more remote communication techniques;

Remote communication technique: means that can be used for concluding a contract without the consumer and entrepreneur being simultaneously in the same room.

General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Sir Dam
Raadhuisstraat 22
1016DE
Amsterdam 

 Shipping, storage & permit: 
Landzigt 16-18 3454 PE
De Meern

support@sirdamvodka.com
VAT: NL858159132B01
Chamber of Commerce: 70138966

Article 3 – Applicability 

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded and orders placed between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be inspected and that they will be sent to the consumer free of charge as soon as possible upon request.

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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be accessed electronically and that they will be sent free of charge electronically or otherwise upon the consumer's request.

In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the most favorable applicable provision in case of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will remain in force for the remainder, and the relevant provision will be immediately replaced in mutual consultation by a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding 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 stated in the offer.

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 offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images accompanying products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products. 

Every offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

the price including taxes;

any shipping costs;

the way in which the agreement will be concluded and what actions are required for this;

whether or not the right of withdrawal applies;

the method of payment, delivery, and execution of the agreement;

the period for accepting the offer, or the period within which the entrepreneur guarantees the price;

the level of the rate for remote communication if the costs of using the remote communication technique are calculated on a different basis than the regular basic rate for the communication medium used;

whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the consumer;

the way in which the consumer, before concluding the agreement, can check and, if desired, correct the data provided by them in the context of the agreement;

any other languages in which, in addition to Dutch, the agreement can be concluded;

the codes of conduct to which the entrepreneur 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 the case of an extended transaction.

Optional: available sizes, colors, type of materials.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions stipulated therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur can – within legal frameworks – ascertain whether the consumer can meet their payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.

The entrepreneur will send the consumer the following information with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

a. the visiting address of the entrepreneur's establishment where the consumer can lodge complaints;

b. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

c. information about guarantees and existing after-sales service;

d. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;

e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.

Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products. 

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated by the consumer in advance and made known to the entrepreneur.

During the reflection period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep the product. If they exercise their right of withdrawal, they will return the product with all accessories supplied and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known via a written message/email. After the consumer has indicated that they wish to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment. 

If the customer has not indicated that they wish to exercise their right of withdrawal within the periods mentioned in paragraphs 2 and 3 respectively, or has not returned the product to the entrepreneur, the purchase is a fact. 

Article 7 – Costs in case of withdrawal 

If the consumer exercises their right of withdrawal, the costs for returning the products are for the consumer's account.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the webshop owner or conclusive proof of complete return can be provided.

Article 8 – Exclusion of right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products: 

a. that have been created by the entrepreneur in accordance with the consumer's specifications;

b. that are clearly personal in nature;

c. that cannot be returned due to their nature;

d. that can spoil or age quickly;

e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;

f. for loose newspapers and magazines;

g. for audio and video recordings and computer software of which the consumer has broken the seal.

h. for hygienic products of which the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;

b. the delivery of which has begun with the explicit consent of the consumer before the reflection period has expired;

c. relating to betting and lotteries.

Article 9 – The price

During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from changes in VAT rates.

Notwithstanding 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 connection to fluctuations and the fact that any stated prices are target prices, will be mentioned in the offer. 

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: 

a. these are the result of legal regulations or provisions; or

b. the consumer has the authority to terminate the agreement on the day the price increase takes effect.

The prices stated 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 the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price. 

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.

Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or in violation of the entrepreneur's instructions and/or treated on the packaging;

The defectiveness is wholly or partly the result of government regulations or provisions concerning the nature or quality of the materials used. 

Article 11 – Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 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 partially be executed, the consumer will be notified of this no later than 30 days after they placed the order. In that case, the consumer has the right to dissolve the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of 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 expressly agreed otherwise.

Article 12 – Long-term transactions: duration, termination and renewal

Termination

The consumer can terminate an agreement entered into for an indefinite period, which provides for the regular delivery of products (including electricity) or services, at any time, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate an agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, at any time at the end of the definite period, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can terminate the agreements mentioned in the previous paragraphs:

at any time and not be limited to termination at a specific time or in a specific period;

at least in the same way as they were entered into by him;

always with the same notice period as the entrepreneur has stipulated for himself.

Renewal

An agreement entered into for a definite period, which provides for the regular delivery of products (including electricity) or services, may not be tacitly renewed or extended for a definite period.

Notwithstanding the previous paragraph, an agreement entered into for a definite period, which provides for the regular delivery of daily, news and weekly newspapers and magazines, may be tacitly extended for a definite period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.

An agreement entered into for a definite period, which provides for the regular delivery of products or services, may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month, and a notice period of no more than three months in case the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for familiarization (trial or introductory subscription) will not be tacitly continued and will automatically end after the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the commencement of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to immediately report inaccuracies in provided or stated payment details to the entrepreneur.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously made known to the consumer.

Article 14 – Complaints procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days, counting from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment 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 that is subject to the dispute resolution 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 justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. This also applies if the consumer resides abroad.