The following general terms and conditions apply to the sale of goods by Swarte Swaen Cidery & Distillery BV (hereinafter also “we” or “seller”) via our online shop at swarteswaen.com (hereinafter also “shop” or “website”) in the version valid at the time the contract was concluded. They can be called up at any time under Terms & Conditions.
The contractual partner for all orders placed via the online shop under the aforementioned domain is:
Swarte Swaen Cidery & Distillery BV De Kluftstraat 1 1035WE Amsterdam The Netherlands Registered in the Amsterdam Chamber of Commerce under no: 84228601
The domain www.swarteswaen.com is operated by Swarte Swaen Cidery & Distillery BV.
The business transaction and delivery are exclusively based on the present terms and conditions. Any conflicting or deviating general terms and conditions do not apply. The processing of personal data is regulated in a separate data protection declaration, which is available here.
Definitions
“Customers” in the sense of these terms and conditions are consumers.
“Consumers” in the sense of these terms and conditions are natural persons, for whom the purpose of the business transaction cannot be assigned to a commercial, independent or freelance activity.
The Contract
The offer in the online shop is aimed exclusively at natural persons aged 18 and over.
All offers of products presented by us are subject to change – also with regard to the price information – and only represent non-binding requests to submit a purchase offer by the customer.
The selected goods are collected in the shopping cart. After specifying the payment and shipping information, click on the “Buy Now” button to submit a binding purchase offer for the items in the shopping cart. Before submitting the order, you have the option of checking the accuracy of your information and correcting it if necessary. We confirm the receipt of the order immediately after sending the order by an automatic confirmation of receipt email.
Prices
All Prices quoted are in Euro including the statutory value added tax plus the specified shipping costs. The prices stated at the time of the order apply.
Payment, delivery
We only accept payments via the payment system of our external service provider PayPal, whose general terms and conditions must be observed.
The delivery of products takes place on the dispatch route to the delivery address indicated by the customer. In exceptional cases, delivery bottlenecks or other unforeseeable circumstances may result in longer delivery times than those specified. In particular, we have no influence on delivery delays caused by the shipping company. For international orders, delivery may be delayed accordingly.
The specified delivery period begins with receipt of payment.
The delivery costs are borne by the customer.
If products are not available or longer delivery delays are foreseeable, you will be reimbursed for any advance payments. In this case, you will be informed of the delivery difficulties by email.
In the event of circumstances due to force majeure, the delivery is impaired our delivery time is extended accordingly. Force majeure equals strikes, lockouts, missing deliveries by subcontractors, official interventions and all other disabilities which, from an objective point of view, were not culpably caused by us. We will inform you of the beginning and end of such obstacles immediately. If the obstacle in the aforementioned cases continues for a period of more than 4 weeks after the originally applicable delivery times, you are entitled to withdraw from the contract. Further claims, especially for damages do not exist.
Right of withdrawal
You have a statutory right of withdrawal. Information can be found here.
Retention of title
The goods remain our property until full payment.
Warranty rights
All goods from our shop have statutory warranty rights. If the goods delivered by us are defective, you can, within the scope of the statutory provisions, choose to remedy the defect or to deliver goods free of defects (supplementary performance). If the subsequent performance fails, you can reduce the purchase price or withdraw from the contract in the event of a significant defect.
Liability
We and our legal representatives and vicarious agents are only liable for damage other than injury to life, limb and health, insofar as this damage is based on wilful or grossly negligent action or on culpable violation of an essential contractual obligation by us or our vicarious agents.
Essential to the contract is a duty, the fulfilment of which enables the proper execution of the contract in the first place and on whose compliance you can regularly rely. Any further liability for damages is excluded.
In the event of a breach of essential contractual obligations, we shall only be liable for the foreseeable damage typical for the contract if this was caused by negligence, unless it concerns claims for damages from injury to life, limb or health.
Copyright Infringements
Please note that the contents of the website, in particular the photographs, illustrations and descriptions, are largely protected by copyright or trademark law. Use of the content that goes beyond the search or purchase in the online shop may affect third party rights or the rights of Swarte Swaen Cidery & Distillery BV and result in legal consequences, such as injunctive relief and damage claims.
Furthermore, please note that without the express written consent of Swarte Swaen Cidery & Distillery BV is prohibited from systematically extracting and / or reusing the aforementioned online shop content, other information on the website or other parts of the website. In particular, you may not use data mining, robots or similar data collection and extraction programs to extract content from the online shop, other information on the website or other essential parts of our website for reuse.
Please also note that without our express written consent you may not create and / or publish your own database, the content of the online shop, other information on the website or other parts of the website (e.g., our prices and product information) included.
Governing Law
These Terms and Conditions and your use of the Site are governed by and construed in accordance with the laws of The Netherlands and the European Union applicable to agreements made and to be entirely performed within The Netherlands, without regard to its conflict of law principles.
Severability clause
Should any provision of this contract be or become ineffective, the validity of the contract will not be affected. The respective statutory regulation takes the place of the ineffective provision.
