GENERAL TERMS AND CONDITIONS ALCOHOLFREEDRINKS.CO.UK / DENISE’S CHOICE
These General Terms and Conditions of Sale and Delivery were filed on January 27, 2021
with the Chamber of Commerce and Industry in Amsterdam under number 51507366.
Article 1. General
- These conditions apply to every offer, quotation and agreement
between Alcoholfreedrinks.nl / Denise’s Choice and a Counterparty on which
Alcoholfreedrinks.co.uk / Denise’s Choice has declared these terms and conditions applicable,
to the extent that these terms and conditions have not been expressly waived by the parties in writing
deviated. The agreements in the accepted offer, quotation and agreement
prevail over these general terms and conditions. - These terms and conditions also apply to agreements with
Alcoholfreedrinks.co.uk/Denise’s Choice, for the performance of which by Alcoholfreedrinks.co.uk/
Denise’s Choice third parties should be involved. - These terms and conditions also apply in writing to employees
of Alcoholfreedrinks.co.uk / Denise’s Choice and its management. - The applicability of any purchasing or other terms and conditions of the Other Party
is expressly disclaimed. - If at any time one or more of the provisions in these general terms and conditions is wholly
should be void or destroyed in whole or in part, it remains otherwise in this
general terms and conditions provided shall apply in full. Alcohololfreedrinks.co.uk / Denise’s
Choice and the other party will then consult with each other in order to reach new provisions for the implementation of the agreement.
replace the void or voided provisions, agreeing as much as
possible respects the purpose and intent of the original provisions. - If ambiguity exists regarding the interpretation of one or more provisions of these
general conditions, then the interpretation should take place “in the spirit” of these
provisions. - If a situation arises between the parties that is not covered in these general conditions
regulated, then this situation should be judged by the spirit of these general
conditions. - If Alcoholfreedrinks.co.uk / Denise’s Choice does not always strictly adhere to these
terms and conditions, this does not mean that its provisions do not apply,
or that Alcoholfreedrinks.co.uk / Denise’s Choice would in any way forfeit the right to be in
otherwise require strict compliance with the provisions of these terms and conditions. - Alcoholfreedrinks.co.uk / Denise’s Choice has the right to amend these terms and conditions at any time.
amend and/or supplement. Alcoholfreedrinks.co.uk / Denise’s Choice will, in the event of a
material change at least one month before the relevant change or addition of
becomes effective, notify them in writing. Unless buyer within two weeks of date
of dispatch of our written notice objects in writing, purchaser shall be
deemed to have tacitly agreed to the change or addition. - Any additional or
modified agreements and/or commitments by or on behalf of Alcoholfreedrinks.nl / Denise’s
Choice binding Alcoholfreedrinks.co.uk / Denise’s Choice only after written confirmation
thereof.
Article 2 Quotations and offers - All quotations and offers of Alcoholfreedrinks.co.uk / Denise’s Choice both oral
as in writing are without obligation. Quotes include any attachments, such as
price lists, brochures and other data. - The quotation loses its validity at the time of the expiration of the time period therein
stated period of validity. In any case, an offer shall be deemed rejected if
this offer has not been accepted within 30 days of its issue. - Alcoholfreedrinks.co.uk / Denise’s Choice cannot be held to its quotations or offers.
held if the Other Party can reasonably understand that the quotations or offers,
or part thereof, contains an obvious mistake or clerical error. - The prices stated in a quotation or offer are inclusive of VAT and other levies of
government as well as any costs to be incurred in connection with the agreement,
including travel and lodging expenses, unless otherwise specified. Shipping and
administration fees may be charged afterwards. - If the acceptance (whether or not on minor points) differs from the offer
or the offer included then Alcoholfreedrinks.co.uk / Denise’s Choice is liable to
not bound. The agreement then does not come into effect in accordance with this divergent acceptance
established, unless Alcoholfreedrinks.nl / Denise’s Choice indicates otherwise. - A composite quotation does not obligate Alcoholfreedrinks.co.uk / Denise’s Choice to the
perform part of the assignment at a corresponding portion of the
quoted price. Offers or quotations do not automatically apply to future orders.
Article 3 Contract duration, delivery, delivery terms, performance and modification
agreement; price increase - The agreement between Alcoholfreedrinks.nl / Denise’s Choice and the Other Party shall be
entered into for an indefinite period, unless the nature of the agreement dictates otherwise
or if the parties expressly agree otherwise in writing. - Trade deliveries of more than € 250, – excluding VAT in the Netherlands, take place DAP
(Incoterms 2020). For deliveries of less than €250, excluding VAT, will be provided by
Alcoholfreedrinks.nl / Denise’s Choice a contribution to the transportation costs to the Other Party
calculated. - The Other Party shall be obliged to take delivery of the goods on first presentation. If the
Other Party fails to comply with this, he will be charged for all resulting costs
brought. - Alcoholfreedrinks.co.uk / Denise’s Choice shall at all times have the right to a
subsequent delivery period of fourteen working days after the end of the specified delivery time. - If Alcoholfreedrinks.co.uk / Denise’s Choice delivers the goods as agreed with the buyer
with a transportation company or another address, respectively, the buyer is charged with the
transportation risk. Buyer must therefore provide its own adequate insurance. - Is for the completion of certain work or for the delivery of certain items
a term agreed or specified, then this is never a deadline. At
exceeding of a term, the Other Party should Alcoholfreedrinks.nl / Denise’s Choice
therefore to give written notice of default. Alcoholfreedrinks.co.uk / Denise’s Choice serves thereby
be given a reasonable time to still perform the agreement. - Alcoholfreedrinks.co.uk / Denise’s Choice has the right to have certain work
performed by third parties. If Alcoholfreedrinks.co.uk / Denise’s Choice requires data from
the Other Party for the execution of the agreement, the execution period shall not commence
until after the Other Party has correctly and completely submitted it to Alcoholfreedrinks.nl / Denise’s
Choice has made available. - Alcoholfreedrinks.nl / Denise’s Choice is entitled to split the agreement into several phases
carry out and invoice the portion so carried out separately. - If the agreement is performed in stages, Alcoholfreedrinks.nl / Denise’s
Choice shall suspend the performance of those parts belonging to a subsequent phase until
the Other Party in writing the results of the preceding phase.
approved. - If Alcoholfreedrinks.nl / Denise’s Choice requires data from the Other Party for
performance of the agreement, the performance period shall not begin until after the
The other party provides this correctly and completely to Alcoholfreedrinks.nl / Denise’s Choice.
has stated. - If, during the performance of the agreement, it appears that for a proper
performance thereof is necessary to amend or supplement them, then the parties shall
timely and by mutual agreement to adjust the agreement. If the nature,
scope or content of the agreement, whether or not at the request or direction of the
Other Party, of the competent authorities et cetera, is changed and the agreement is
is changed qualitatively and/or quantitatively as a result, then this may have consequences
have for what was originally agreed upon. As a result, the original
agreed amount shall be increased or decreased. Alcoholfreedrinks.co.uk / Denise’s Choice
will give as much advance quotation as possible. Due to a change in the
agreement, the originally specified period of performance may be modified. The
The other party accepts the possibility of amending the agreement, including
including the change in price and term of execution. - If the agreement is amended, including a supplement, then
Alcoholfreedrinks.co.uk / Denise’s Choice entitled to implement it only after
This has been approved by the competent person within Alcoholfreedrinks.nl / Denise’s Choice.
person and the Other Party has agreed to the price quoted for performance and
other conditions, including the time, to be determined at that time, at which it will be subject to these conditions.
will be implemented. Failure to implement the modified
agreement also does not constitute default by Alcoholfreedrinks.co.uk / Denise’s Choice and
is no ground for the Other Party to terminate the agreement. - Without being in default, Alcoholfreedrinks.co.uk / Denise’s Choice may make a
refuse a request to amend the agreement, if this is in qualitative and/or
quantitatively could have consequences, for example, for the work to be done in that context
work or items to be delivered. - If the Other Party should default in the proper fulfillment of what
to which he is bound towards Alcoholfreedrinks.nl / Denise’s Choice, then the other party is
liable for all damages (including costs) on the part of
Alcoholfreedrinks.co.uk / Denise’s Choice thereby arising directly or indirectly. - If Alcoholfreedrinks.co.uk / Denise’s Choice, at the conclusion of the agreement, has a
certain price, then Alcoholfreedrinks.nl / Denise’s Choice is under the following conditions
circumstances nevertheless entitled to increase the price, even if the price
originally not specified under reserve.
- If the price increase is the is due to a change in the agreement;
- if the price increase is the result of a decision made to Alcoholfreedrinks.nl / Denise’s Choice
power or any authority vested in Alcoholfreedrinks.co.uk / Denise’s Choice.
obligation under the law; - In other cases, this being understood that the Other Party not acting in the
exercise of a profession or business, is entitled to the contract by written
statement to dissolve if the price increase exceeds 10% and occurs within
three months after the conclusion of the agreement, unless Alcoholfreedrinks.nl / Denise’s
Choice is then still willing to enter into the agreement based on the original
agreed to perform, or if it is stipulated that the delivery will take longer than three
months after the purchase will take place.
Article 4 Suspension, dissolution and early termination of the agreement
- Alcoholfreedrinks.co.uk / Denise’s Choice is authorized to suspend the fulfillment of its obligations.
suspend or terminate the agreement immediately and with immediate effect, if:
- the Other Party does not, does not completely or does not timely
fulfillment; - after the conclusion of the agreement Alcoholfreedrinks.nl / Denise’s Choice to the knowledge
circumstances that have arisen give good reason to fear that the Other Party will fail to comply with its obligations.
will not comply; - the Other Party was requested at the conclusion of the agreement to provide security for
fulfillment of his obligations under the agreement and such security is not forthcoming or
is insufficient; - If due to the delay on the part of the Other Party no longer
Alcoholfreedrinks.co.uk / Denise’s Choice can be required to enter into the agreement against the
originally agreed conditions, Alcoholfreedrinks.nl / Denise’s
Choice is entitled to terminate the agreement. - if circumstances arise which are of such a nature that fulfillment of the
agreement impossible or unchanged maintenance of the agreement in
cannot reasonably be required of Alcoholfreedrinks.co.uk / Denise’s Choice.
- If the dissolution is attributable to the Other Party, Alcoholfreedrinks.nl /
Denise’s Choice entitled to compensation for damages, including costs,
thereby arising directly and indirectly. - If the agreement is dissolved, the claims of Alcoholfreedrinks.nl /
Denise’s Choice on the other party immediately due and payable. If Alcoholfreedrinks.co.uk /
Denise’s Choice suspends performance of its obligations, it retains its claims from
the law and agreement. - If Alcoholfreedrinks.nl / Denise’s Choice on the grounds as mentioned in this article to
suspension or dissolution, he shall not be bound in any way whatsoever on that account to pay any compensation.
compensation for damages and costs thereby incurred in any way or indemnification,
while the Other Party, on the grounds of breach of contract, does have to pay damages or compensation.
indemnification is mandatory. - If the agreement is terminated prematurely by Alcoholfreedrinks.nl / Denise’s
Choice , Alcoholfreedrinks.nl / Denise’s Choice shall, in consultation with the Other Party, ensure
for transfer of work yet to be performed to third parties. This unless the termination
attributable to the Other Party. Unless terminating in the interim to Alcoholfreedrinks.co.uk
/ Denise’s Choice is attributable, the costs of transfer to the Other Party will be charged in
charged. Alcoholfreedrinks.nl / Denise’s Choice will provide the Other Party with as much as
possible advance notice regarding the extent of these costs. The Other Party is
obliged to pay these costs within the time limit set by Alcoholfreedrinks.nl / Denise’s Choice.
said period, unless Alcoholfreedrinks.nl / Denise’s Choice indicates otherwise. - In case of liquidation, of (application for) suspension of payments or bankruptcy, of
attachment – if and to the extent that the attachment has not been lifted within three months – at
charge of the Counterparty, of debt restructuring or any other circumstance that causes the
Other Party can no longer freely dispose of its assets, the
Alcoholfreedrinks.co.uk / Denise’s Choice free to terminate the agreement immediately and with immediate
ingang or cancel the order or agreement, without any
obligation on his part to pay any damages or compensation. The
claims of Alcoholfreedrinks.nl / Denise’s Choice on the Other Party shall in that case be
immediately due and payable. - If the Other Party cancels all or part of a placed order, the
items ordered or prepared for that purpose, plus any costs of disposal
delivery costs thereof and the reserved for the performance of the contract
labor time, will be charged in full to the Other Party.
Article 5 Force Majeure - Alcoholfreedrinks.co.uk / Denise’s Choice is not obliged to comply with any
obligation to the Other Party if he is prevented from doing so as a result of a
circumstance that is not due to fault, and neither under the law, a legal act
or generally accepted views for its account. - In these general terms and conditions, force majeure means, in addition to what
understood in law and jurisprudence, all external causes,
foreseen or unforeseen, over which Alcoholfreedrinks.co.uk / Denise’s Choice can have no influence.
exercise, but as a result of which Alcoholfreedrinks.co.uk / Denise’s Choice is unable to exercise its
obligations. Alcoholfreedrinks.co.uk / Denise’s Choice also has the right to rely on
invoke force majeure if the circumstance rendering (further) performance of the
agreement, occurs after Alcoholfreedrinks.co.uk / Denise’s Choice has fulfilled its
commitment should have fulfilled. - Alcoholfreedrinks.co.uk / Denise’s Choice may, during the period that the force majeure is
continues, suspend the obligations under the agreement. If this period is longer
lasts longer than two months, then either party is entitled to terminate the agreement,
without obligation to pay damages to the other party. - If Alcoholfreedrinks.co.uk / Denise’s Choice, at the time of the occurrence of force majeure, has its
obligations under the agreement have already been partially fulfilled or will be able to
performance, and to the part performed or to be performed, respectively, has independent value.
accrues, Alcoholfreedrinks.co.uk / Denise’s Choice is entitled to the already fulfilled
respectively part to be fulfilled to be invoiced separately. The Other Party is obliged to make these
invoice as if it were a separate agreement.
Article 6 Payment and collection costs - Payment must be made within 14 days of the invoice date, at a location designated by
Alcoholfreedrinks.nl / Denise’s Choice to be indicated in the currency in which was invoiced,
unless otherwise specified in writing by Alcoholfreedrinks.co.uk / Denise’s Choice.
Alcoholfreedrinks.nl / Denise’s Choice is entitled to invoice periodically. All invoices
should be paid without any recourse to discount, set-off or set-off. - If the Other Party defaults in the timely payment of an invoice, the
Other Party shall be in default by operation of law. The Other Party shall then owe interest. In the
case of consumer purchases, the interest rate is equal to the legal interest rate. In other cases
the Other Party owes interest of 1% per month, unless the legal interest rate is higher,
in which case statutory interest is due. Interest on the amount due will be
be calculated from the time the Other Party is in default until the time of
satisfaction of the full amount due. - Alcoholfreedrinks.co.uk / Denise’s Choice has the right to refuse the services rendered by the other party.
payments to be applied first to costs, then to
reduction of the interest accrued and finally in reduction of the principal sum and the
accrued interest. - Alcoholfreedrinks.co.uk / Denise’s Choice may, without thereby being in default, impose a
refuse an offer of payment, if the Other Party chooses a different order for the
attribution of payment. Alcoholfreedrinks.co.uk / Denise’s Choice can complete
refuse repayment of the principal sum, if this does not also include the open cases and
accrued interest and collection costs shall be paid. - The Other Party shall never be entitled to offset the amount it has paid to the Other Party.
Alcoholfreedrinks.co.uk / Denise’s Choice owed. - Objections to the amount of an invoice do not suspend the payment obligation.
- If the Other Party defaults or is in default in the (timely) fulfillment of its
obligations, then all reasonable costs for obtaining satisfaction, both in and out of
court for the account of the Other Party. Extrajudicial costs are calculated at
based on what is customary in Dutch debt collection practice at that time,
currently the calculation method according to Rapport Voorwerk II. If Alcoholfreedrinks.com
/ Denise’s Choice, however, has incurred higher costs for collection that are reasonably
were necessary, the actual costs incurred are eligible for reimbursement. The
any judicial and execution costs incurred will also be borne by the Other Party
be recovered. The Other Party shall also be liable for the collection costs due
interest due.
Article 7 Retention of title - All by Alcoholfreedrinks.co.uk / Denise’s Choice within the framework of the agreement
delivered goods remain the property of Alcoholfreedrinks.co.uk / Denise’s Choice until the
Other party all obligations from the with Alcoholfreedrinks.nl / Denise’s Choice closed
agreement(s) has been properly fulfilled. - Goods delivered by Alcoholfreedrinks.nl / Denise’s Choice, which pursuant to paragraph 1. under the
property, may not be resold and may never be used as
means of payment shall be used. The Other Party is not authorized to use the
pledge or otherwise encumber any items subject to retention of title. - The Other Party must always do everything that can reasonably be expected of him
be used to secure the proprietary rights of Alcoholfreedrinks.co.uk / Denise’s Choice. - If third parties seize the goods delivered under retention of title or
want to establish or assert rights thereon, then the Other Party is obliged to
Alcoholfreedrinks.co.uk / Denise’s Choice to notify immediately. - The Other Party undertakes to keep the items delivered under retention of title.
insure and keep insured against fire, explosion and water damage as well as against
theft and the policy of this insurance upon first request to Alcoholfreedrinks.com / Denise’s
Choice for inspection. In the event of any insurance payout
Alcoholfreedrinks.com / Denise’s Choice entitled to these tokens. For as much as needed
The Other Party undertakes to Alcoholfreedrinks.nl / Denise’s Choice in advance to
to cooperate with anything that may be necessary or desirable in that context
(turn out to be). - For the case Alcoholfreedrinks.co.uk / Denise’s Choice are in this article indicated
property rights, the Other Party gives in advance unconditional and
non-revocable consent to Alcoholfreedrinks.co.uk / Denise’s Choice and by
Alcoholfreedrinks.com / Denise’s Choice to designate third parties to enter all such places
where the property of Alcoholfreedrinks.co.uk / Denise’s Choice is located and those items
take back.
Article 8 Warranties, examination and complaints - The goods to be delivered by Alcoholfreedrinks.nl / Denise’s Choice shall comply with the
usual requirements and standards reasonably expected at the time of delivery.
can be and for which they are intended in normal use in the Netherlands. The in this article
said warranty applies to items intended for use within
Netherlands. For use outside the Netherlands, the Other Party itself must verify whether the use is
thereof is suitable for use there and whether they meet the conditions that are
put on it. Alcoholfreedrinks.co.uk / Denise’s Choice may in that case have other
conditions regarding the items to be delivered or work to be performed. - The warranty mentioned in paragraph 1 of this article applies for a period of 6 months after
delivery, unless otherwise follows from the nature of the deliverable or the parties are otherwise
agreed. No warranty applies to products purchased from the clearance sale.
Wines with cork will only be reimbursed if the wine is corked within 2 days of opening
presented for inspection, including at least 50% of the wine, including the original
cork. If the warranty provided by Alcoholfreedrinks.co.uk / Denise’s Choice covers a case
produced by a third party, then the warranty is limited to that provided by
provided by the manufacturer of the item for it, unless otherwise stated. After lapse
of the warranty period, all costs for repair or replacement, including administration costs, will be charged to the customer,
shipping and call-out charges, will be charged to the Other Party. - Any form of warranty is void if a defect has occurred as a result of or
results from injudicious or improper use thereof or use after the
expiration date, improper storage or maintenance thereon by the Other Party and/or by
third parties when, without written permission from Alcoholfreedrinks.co.uk / Denise’s Choice,
The Other Party or third parties have made changes to the case or have
attempted to attach, other items were attached to it that were not attached to it.
should be or if they were processed or altered in any way other than the
prescribed manner. Nor is the Other Party entitled to any warranty claims if the
defect is caused by or results from circumstances where Alcoholfreedrinks.co.uk /
Denise’s Choice cannot influence, including weather conditions
(such as, for example but not exclusively, extreme rainfall or temperatures) et cetera. - The Other Party is obliged to examine the delivered goods, or have them examined, immediately on the
moment the items are made available to him or the respective
work has been carried out. In doing so, the Other Party should examine whether quality
and/or quantity of what is delivered conforms to what was agreed upon and meets
to the requirements agreed upon by the parties in this regard. Any defects should be
within two months of discovery to Alcoholfreedrinks.co.uk / Denise’s Choice in writing.
be reported. The notification should give as detailed a description as possible of the defect
contain so that Alcoholfreedrinks.co.uk / Denise’s Choice is able to respond appropriately. The
The other party must give Alcoholfreedrinks.nl / Denise’s Choice the opportunity to make an
complaint (to be) investigated. - If the Other Party complains in a timely manner, this shall not suspend its payment obligation. The
The other party will in that case also remain obliged to take delivery of and pay for the otherwise ordered
items, unless no independent value is attached thereto. - If a defect is reported later, the Other Party will not be entitled
more entitled to repair, replacement or indemnification, unless the nature of the item or the
other circumstances of the case results in a longer period. - If it is established that an item is defective and a claim in this regard has been timely filed, then
Alcoholfreedrinks.co.uk / Denise’s Choice the defective item within a reasonable time after
return receipt thereof or, if return is not reasonably possible,
written notice regarding the defect by the Other Party, at the discretion of
Alcoholfreedrinks.nl / Denise’s Choice , replace or take care of repair thereof or
substitute compensation for this to the Other Party. In case of replacement, the
The other party is obliged to return the replaced item to Alcoholfreedrinks.nl / Denise’s Choice.
return and ownership thereof to Alcoholfreedrinks.co.uk / Denise’s Choice.
provide, unless Alcoholfreedrinks.nl / Denise’s Choice indicates otherwise. - If it is determined that a complaint is unfounded, the costs incurred as a result will be
arising, including the research costs, on the part of Alcoholfreedrinks.nl /
Denise’s Choice thereby fallen, integrally for the account of the Other Party. - Alcoholfreedrinks.co.uk / Denise’s Choice will refund all payments made by the consumer, including
any delivery costs charged by the entrepreneur for the returned
product, without delay but within 14 days following the day on which the consumer sent him the
notice of withdrawal. Unless Alcoholfreedrinks.co.uk / Denise’s Choice offers to deliver the product itself.
retrieve, he may wait to refund until he has received the product or until the
consumer demonstrates that he has returned the product, whichever time is earlier
falls. - If the consumer has chosen a more expensive method of delivery than the
cheapest standard delivery, Alcoholfreedrinks.co.uk / Denise’s Choice need not include the additional
costs for the more expensive method not refundable.
Article 9 Liability - If Alcoholfreedrinks.nl / Denise’s Choice should be liable, then this
liability limited to what is regulated in this provision. - Alcoholfreedrinks.com / Denise’s Choice is not liable for damages of any kind,
arise because Alcoholfreedrinks.co.uk / Denise’s Choice has relied on information provided by or on behalf of the
Counterparty provided incorrect and or incomplete data. - Alcoholfreedrinks.com / Denise’s Choice shall only be liable for direct damages.
- Direct damages shall mean only:
- the reasonable costs to determine the cause and extent of the damage, to the extent that
the determination relates to damages within the meaning of these conditions; - any reasonable costs incurred to correct the defective performance of Alcoholfreedrinks.nl
/ Denise’s Choice to comply with the agreement, to the extent that it meets
Alcoholfreedrinks.co.uk / Denise’s Choice can be imputed; - reasonable costs incurred to prevent or limit damage, insofar as the
Counterparty demonstrates that these costs resulted in limiting direct damage as
referred to in these general terms and conditions.
- Alcoholfreedrinks.nl / Denise’s Choice shall never be liable for indirect damages,
including consequential damages, lost profits, lost savings and damages due to
business or other stagnation. In the case of consumer purchases, this limitation extends
no further than that, which is permitted pursuant to article 7:24 paragraph 2 BW. - If Alcoholfreedrinks.co.uk / Denise’s Choice should be liable for any damages,
then the liability of Alcoholfreedrinks.co.uk / Denise’s Choice is limited to a maximum of
three times the invoice value of the order, at least up to that portion of the order on which the
liability relates. - The liability of Alcoholfreedrinks.co.uk / Denise’s Choice is in any case always
limited to the amount paid by its insurer in such case. - The limitations of liability contained in this article do not apply if the
damage is due to intent or gross negligence of Alcoholfreedrinks.nl / Denise’s Choice or its
managerial subordinates.
Article 10 Limitation period - Notwithstanding the statute of limitations, the statute of limitations for all
claims and defenses against Alcoholfreedrinks.nl / Denise’s Choice and the by
Alcoholfreedrinks.co.uk / Denise’s Choice involved in the execution of an agreement
third parties, one year. - The provisions of paragraph 1 do not apply to legal claims and defenses that are
based on facts that would justify the contention that the delivered item did not meet the
agreement would answer. Such claims and defenses are time-barred by lapse
of two years after the Other Party has notified Alcoholfreedrinks.nl / Denise’s Choice of such nonconformity.
Article 11 Transfer of risk - The risk of loss, damage or depreciation shall pass to the Other Party on
the moment when goods are brought into the power of the Other Party.
Article 12 Indemnification - The Other Party indemnifies Alcoholfreedrinks.nl / Denise’s Choice against any claims
of third parties, who suffer damage in connection with the performance of the agreement and whose
the cause is attributable to other than Alcoholfreedrinks.nl / Denise’s Choice. - If Alcoholfreedrinks.nl / Denise’s Choice should on that account by third parties be
addressed, then the Other Party is bound to Alcoholfreedrinks.nl / Denise’s Choice both
extra-judicial and judicial assistance and to do immediately all that is required of him in that case.
can be expected. Should the Other Party default in taking adequate
measures, then Alcoholfreedrinks.co.uk / Denise’s Choice , without notice of default,
entitled to do so himself. All costs and damages on the part of
Alcoholfreedrinks.co.uk / Denise’s Choice and third parties as a result, shall be integrally for
account and risk of the Other Party. - Notwithstanding the provisions of these terms and conditions, Alcoholfreedrinks.co.uk /
Denise’s Choice in the event of default by the Other Party, Denise’s Choice shall not be liable for any damage caused by that default under applicable law.
associated legal consequences, and all claims of Alcoholfreedrinks.co.uk /
Denise’s Choice on the Other Party immediately and at once due and payable. Buyer shall be deemed to be in default
to be in the event that he fails to comply, properly or timely, with any obligation under this
conditions, as well as in the event of bankruptcy, suspension of payments, shutdown or
liquidation of his company.
Article 13 Transfer
The buyer is not permitted, without the prior written consent of
Alcoholfreedrinks.co.uk / Denise’s Choice rights or obligations under any agreement
transfer to third parties.
Article 14 Intellectual property - Alcoholfreedrinks.co.uk / Denise’s Choice reserves the rights and powers granted by
to him under the Copyright Act and other intellectual laws and regulations.
Alcoholfreedrinks.co.uk / Denise’s Choice has the right to change the information provided by the execution of a
agreement on its side to use knowledge gained for other purposes as well,
insofar as no strictly confidential information of the Other Party is disclosed to the knowledge of
third parties is brought. - Any purchaser not entitled to trademark, patent, trade name, design or copyright in the
business, do not pass to buyer. Notwithstanding the foregoing, none of the items shall be subject to
third parties, whether for reuse or not, be made available for inspection or handed over, without
prior written consent of Alcoholfreedrinks.co.uk / Denise’s Choice .
Article 15 Applicable law and disputes - To all legal relationships to which Alcoholfreedrinks.co.uk / Denise’s Choice is a party, is
only Dutch law shall apply, even if an obligation is wholly or partially fulfilled.
partially performed abroad or if the legal relationship is
concerned party is domiciled there. The applicability of the Vienna Sales Convention
is excluded. - The parties will only appeal to the court after they have made every effort to
efforts to settle a dispute by mutual agreement.
Article 16 Location and modification of conditions - These terms and conditions are filed with the Amsterdam Chamber of Commerce.
- The most recently filed version or the version in effect at the time of filing is always applicable.
of the establishment of the legal relationship with Alcoholfreedrinks.nl / Denise’s Choice . - The Dutch text of the general conditions is always decisive for the interpretation
thereof.
