General terms and conditions

GENERAL TERMS AND CONDITIONS OF EUROCAVE NEDERLAND B.V., PROF. EYKMANWEG 5, 5144 ND AT WAALWIJK, CHAMBER OF COMMERCE NO. 18128894

ARTICLE 1: APPLICABILITY
These general conditions apply to every offer and agreement between EuroCave Nederland B.V., also trading as EuroCave Belgium, hereinafter referred to as EuroCave and a customer to which we have declared these conditions applicable, insofar as the applicability of these conditions has not been expressly rejected by the parties.

ARTICLE 2: TENDERS
Quotations are valid until 30 days after the date, unless otherwise agreed. The quotation is not automatically valid for future orders.

ARTICLE 3: DELIVERY PERIOD
Paragraph 1: The delivery period is in most cases 6 to 8 weeks, if not in stock. The delivery period starts from the conclusion of the agreement. If EuroCave still needs data for the execution of the delivery, or a deposit, the delivery period only starts after these have been made available by the other party.

Paragraph 2: An agreed delivery time shall not be a deadline, unless expressly agreed otherwise. In case of late delivery, the customer shall therefore give EuroCave written notice of default, whereby EuroCave shall set a reasonable deadline for compliance.

Paragraph 3: Unless expressly agreed otherwise, delivery shall be free domicile. The carrier must be able to unload with a regular truck. If the delivery concerns an order with a value of less than € 1000,00 including VAT, an additional amount will be charged as compensation for freight costs.

Paragraph 4: If the term of delivery is postponed at the request of the customer, the customer must pay the total amount in advance. If the product cannot be delivered after 2 months after the agreed delivery date, EuroCave is entitled to charge storage costs of € 50.00 per pallet space per month.

Paragraph 5: EuroCave is not obliged to perform any obligation if it is hindered due to a circumstance that is not due to negligence and not under the law, a legal act or generally accepted practice. EuroCave may invoke force majeure. This includes, in addition to what the law or jurisprudence, all external causes, foreseen or unforeseen, which EuroCave can not influence, but which makes it unable to meet its obligations. During this period of force majeure, the obligations under the agreement shall be suspended. If this period lasts longer than two months, then both parties are entitled to dissolve the agreement, without any obligation to pay damages.

ARTICLE 4: GUARANTEE
The following warranty conditions determine the conditions under which and the extent to which EuroCave provides warranty, without prejudice to the warranty obligations under the law and the purchase agreement concluded with the end user.

Paragraph 1: On the products supplied by EuroCave is 24 months all-inclusive warranty, if defects in the product can be demonstrably attributed to a material and / or production error under the conditions stated in the following paragraphs. The end user must prove the date of purchase by means of proof of purchase. Warranty includes travel expenses, labor and parts.

Paragraph 2: Notwithstanding the foregoing:

• Applies an all-in warranty of 36 months for EuroCave brand wine cabinets.
• Applies an additional warranty of 24 months on parts for wine cabinets from the Compact, La Première, Pure, Inspiration, Revelation, Champagne cabinet, Cigar Humidor series.
• Applies an additional 36-month warranty on spare parts for Goguette brand wine cabinets.
• Applies an additional 84-month warranty on spare parts for Royale series wine cabinets.
• Applies to all EuroCave wine cabinets and humidors a warranty of 120 months on the internal cooling pipes, see paragraph 10
• A shorter warranty period applies to certain occasion models. EuroCave will notify the end user of this at the time of purchase.

Paragraph 3: Only if the EuroCave product is used as prescribed in the operating instructions is the warranty valid. No warranty claim exists in case of minor deviations from the desired properties, as far as these are not important for the value and functionality of the product. Excluded are slightly fragile parts such as glass. Faults resulting from unauthorized modifications to the product, intent or gross negligence and failure to observe operating or assembly instructions are excluded.

Paragraph 4: Costs of repairs not performed by or on behalf of the technical service of EuroCave will not be reimbursed. If during the warranty period an unjustified appeal is made to the technical service of EuroCave, then the costs will be charged based on the then current rates. This requires that the failure as reported by the end user does not lead to the establishment of a defect or fault.

Paragraph 5: Products for which transport is reasonably possible and for which a warranty claim is made under these warranty conditions, shall be handed over or sent to the nearest EuroCave service partner. The replaced parts shall become the property of EuroCave.

Paragraph 6: Insofar as repairs by EuroCave are not reasonably possible, an equivalent replacement product will be delivered at the request of the end user within the aforementioned all-in warranty period. Upon delivery of a replacement product, EuroCave reserves the right to charge a reasonable user fee for the period of use enjoyed up to that point.

Paragraph 7: A repair during the warranty period shall not result in an extension of the aforementioned warranty period, nor shall it constitute the commencement of a new warranty period. The warranty period for built-in parts ends at the same time as that of the product as a whole.

Paragraph 8: EuroCave is not responsible for the installation and removal of products. If a repair will not be performed on site at the end user, the product must be offered empty and ready for transport.

Paragraph 9: More extensive or other claims - in particular claims for compensation for damage arising outside the product - shall be excluded, insofar as liability does not arise from statutory provisions of mandatory law.

Paragraph 10: Special provision in case of internal gas leak on all EuroCave wine cabinets and humidors (not valid on ArteVino and Goguette wine cabinets). If, after investigation, it appears that the cabinet has an internal gas leak, the following regulations apply:

• A defective cabinet up to 3 years old will be replaced with a new model free of charge.
• In case of a defective cabinet of 3 years or older, examination and transport costs are at the expense of the end user. EuroCave can replace the defective cabinet with a new model, whereby the discounts below apply to the new price:
  • 2 to 6 years old: replacement with a free new model.
  • 6 to 8 years old: replacement with a new model at a 50% discount.
  • 8 to 10 years old: replacement by a new model with 30% discount.
  • from 10 years old: replacement with a new model with 15% discount.
• Certain outlet models cannot be replaced by a new model under any circumstances. EuroCave will notify the end user of this at the time of purchase.

Paragraph 11: If a product with a material or manufacturing defect causes damage to persons or other items and/or goods, for which EuroCave is liable, this liability shall be limited to a maximum for which EuroCave has taken out liability insurance for the damage to persons and for the damage to other items and/or goods to five times the invoice value of the delivered goods. If the damage is due to intent or gross negligence of EuroCave, this limitation does not apply. Further liability for damage caused by a defect in the delivered goods is excluded.

Paragraph 12: The warranty shall expire if a defect is caused by improper use, incorrect storage or improper maintenance, whereby the customer or third parties have made changes or attempted to make changes to the item. The warranty is also void if the product is damaged by circumstances beyond the control of EuroCave, including extreme weather conditions.

ARTICLE 5: PRICES AND PAYMENT
Paragraph 1: All prices shall be in Euros and shall be exclusive of VAT, unless otherwise stated.

Paragraph 2: Unless expressly agreed otherwise, the purchase amount including VAT must be paid before or on delivery (in cash, not with € 200 and € 500 bills or by PIN). For orders above €7,500 excluding VAT, a 20% deposit is required.
If otherwise agreed and the customer does not pay within the agreed period, he is in default and from that moment on he owes EuroCave the legal interest + 2%, whereby a part of a month will count as a full month.

Paragraph 3: Contrary to the provisions of paragraph 2 of this article, the obligations of the customer shall in any event be immediately due and payable if the customer becomes bankrupt, applies for a suspension of payments, goes into liquidation or is dissolved, or if he becomes insolvent.

Paragraph 4: The customer shall bear all reasonable costs incurred by EuroCave in order to collect its claim against the buyer, if the latter is in default or breach of one or more of his obligations. These costs shall be determined at a minimum in accordance with the following schedule:

• over the first € 2.500,00 15%.
• on the excess up to € 6,000.00 10%.
• on the excess up to € 15,000.00 8%.
• over the excess up to € 60,000.00 5%.

Paragraph 5: Within 1 month after the order has been confirmed, the order may be cancelled. EuroCave will then charge 30% of the total amount. This 30% will be increased with all reasonable costs EuroCave makes to collect its claim on the customer, if the customer is in default or breach of one or more of his obligations.

ARTICLE 6: TERMS AND CONDITIONS OF DELIVERY
EuroCave uses the following conditions for proper delivery:

Paragraph 1: If on the agreed delivery day nobody is present to take delivery, EuroCave is entitled to charge an amount of € 100.00 including VAT. This amount must be paid before the delivery can take place again. If we have to come back for a second time for a reason not attributable to EuroCave, an amount of € 100.00 will also be charged.

Paragraph 2: EuroCave is not responsible for not being able to place a product due to limited accessibility. Our field staff is leading in this. The product will then be placed in a place to be determined and if desired we will look together for another solution to get the product in place. Any costs involved will be borne by the customer.

Paragraph 3: The customer must ensure the removal of all obstacles that may impede the bringing in or bringing up of products, such as cupboards, paintings, lamps, banisters or other objects attached to the wall. Parquet, laminate, light flooring, etc. should be properly covered with plastic or cardboard. EuroCave cannot accept any liability for any damage to the above mentioned items.

Paragraph 4: Delivery up to the first threshold: if the purchase is delivered up to the first threshold, the product is not unpacked. Also, the deliverers will not take back old products or packaging.

Paragraph 5: Delivery including installation: if the product is unpacked, placed and installed, the packaging material will be taken back with it. The customer must ensure a 100% flat surface. There must be a grounded electrical outlet within one meter of the bottom of the wine cabinet. Under no circumstances will our delivery drivers build or slide the product into custom niches in furniture, walls or kitchen. This is reserved for the interior or kitchen builder. If discussed in advance, the old product will be taken back with you. We request that you present the product ready for transport: empty, free of (condensation) water, door taped shut and plug taped.

Paragraph 5a: Special situations: if the product must be placed on an elevation, this may not be higher than 30 cm and must be accessible on both sides. Make sure that this elevation is sturdy enough for the weight of the wine cabinet and its contents. The elevation must be 100% flat and level. If the wine cabinet has to be placed in a niche, EuroCave cannot be held responsible for damage to the floor (due to sliding). The Compact 259 is not slid into a niche by our deliverers, as it also has adjustable feet at the back.

Paragraph 6: EuroCave delivers the product up to the 2nd floor, if accessible by stairs. At the bottom of these conditions are examples of stairs and an indication of whether or not we can place them, of course always depending on the size of the product and the specific situation. Delivery from the 3rd floor will only be made if an elevator can be used. If no elevator is available, the customer must take care of the placement himself.

Paragraph 7: Island delivery: EuroCave delivers exclusively on the mainland. The goods will be delivered to the island carrier on the agreed date. EuroCave will bear the cost of transportation to and on the island. The island carrier will contact the customer to make a delivery appointment.

ARTICLE 7: CONFORMITY
Paragraph 1: The information provided by EuroCave is only intended to give a general impression of the product offered.

Paragraph 2: EuroCave is only responsible for the fact that the goods to be delivered meet the usual trade quality. All special technical requirements made by the customer to the goods to be delivered, for example in connection with the use of the goods to be delivered outside the Netherlands and Belgium, must be expressly reported by the customer when concluding the purchase agreement.

ARTICLE 8: COMPLAINTS
Upon delivery - or as soon as possible thereafter - the customer is obliged to examine the purchased goods or have them examined for soundness. If visible defects or shortages are detected, the customer must notify EuroCave in writing within seven days in as much detail as possible. Non-visible defects must be reported in writing to EuroCave within seven days after discovery, but no later than three months after delivery. If the defect is reported later, the customer is no longer entitled to repair, replacement or compensation. The customer shall give EuroCave the opportunity to investigate the complaint. Any costs incurred will be borne by the customer in case of an unfounded complaint. The payment period will not be suspended upon complaint.

ARTICLE 9: LIABILITY
Paragraph 1. If the customer is a consumer, the liability of EuroCave is subject to the mandatory statutory provisions.

Paragraph 2. If the customer acts in the exercise of a profession or business (non-consumer), the liability of EuroCave is limited as follows:

• For defects in goods delivered, only the arrangement as included in article 8 of these terms and conditions shall apply;
• EuroCave is only liable for damages that are the direct result of intent or gross negligence of EuroCave;
• Any liability for indirect damage, including but not limited to consequential damage, loss of profit, missed savings, business stagnation and damage due to business or production interruption, is expressly excluded;
• EuroCave is also not liable for damage to goods of the customer, such as wine bottles, resulting from the failure or malfunction of the delivered product, unless there is intent or gross negligence on the part of EuroCave.

ARTICLE 10: RETENTION OF TITLE
Paragraph 1: The goods delivered by EuroCave shall remain the property of EuroCave until the moment of fulfillment by the customer of all following obligations from all purchase agreements concluded with EuroCave, namely:

• The consideration(s) for goods delivered or to be delivered by EuroCave to the customer pursuant to agreement(s);
• Claims for failure by the customer to comply with such agreement(s).

Paragraph 2: If the customer fails to fulfil his obligations or if there is a well-founded fear that he will not do so, EuroCave shall have the right to retrieve or have retrieved, at the expense of the customer, the delivered goods on which the retention of title as referred to in paragraph 1 rests with the customer or third parties holding the goods for the customer. The customer is obliged to cooperate fully to this end on penalty of a fine of 10% of the amount due per day.

Paragraph 3: The customer may not resell the goods or use them as a means of payment. In addition, the customer is not authorized to pledge the goods or encumber them with any other right. If third parties seize or want to establish or assert rights on the goods, the customer must immediately notify EuroCave.

Paragraph 4: The customer may be expected to take all reasonable measures to protect the property of EuroCave. This includes keeping the item insured during the retention of title against fire, explosion or water damage as well as theft. The policy of this insurance must be submitted to EuroCave for inspection upon request. If the insurance is paid out, EuroCave is entitled to collect this money. The above only applies if it does not unreasonably interfere with the customer's business.

ARTICLE 11: TRANSFER OF RISK
Paragraph 1: The risk of loss, damage or decrease in value shall pass to the customer at the time the item comes under the control of the customer, if the latter is in default or absence of compliance with one or more of his obligations. These costs shall be determined at a minimum in accordance with the schedule in Article 5, paragraph 4.

Paragraph 2: Within 1 month after the order has been confirmed, the order may be cancelled. EuroCave will then charge 30% of the total amount. This 30% will be increased with all reasonable costs EuroCave makes to collect its claim on the buyer, if the buyer is in default or breach of one or more of its obligations.

ARTICLE 12: APPLICABLE LAW
Dutch law shall apply to all agreements between EuroCave and the customer.

ARTICLE 13: COMPETENT COURT
Notwithstanding the legal provisions in this respect, EuroCave has the right to summon the customer, in case the District Court is competent, to appear before the District Court of its domicile. If the customer is a consumer, however, he has the right during one month after EuroCave has invoked this clause to choose to settle the dispute by the civil court competent under the law.