Terms and Conditions
GENERAL TERMS AND CONDITIONS
TB Commerce BV (VANN Bottles)
(version January 1, 2025)
Article 1 | Applicability
1.1 In these terms and conditions the following terms shall have the following meanings:
VANN Bottles: the company VANN Bottles, registered in the trade register of the Chamber of Commerce under the name TB Commerce BV, with Chamber of Commerce number 88724174, hereinafter also referred to as: the Entrepreneur;
The Customer : the natural person or legal entity who enters into an agreement with the Entrepreneur, whether or not remotely;
The Consumer: a customer, being a natural person, who does not act in the exercise of a profession or business;
Agreement : the agreement entered into between VANN Bottles and the Customer;
1.2 These general terms and conditions apply to all offers from the VANN Bottles webshop and to all agreements entered into with VANN Bottles, unless the parties have expressly deviated from these general terms and conditions in writing.
1.3 The statutory rights referred to in these general terms and conditions under Book 7 of the Dutch Civil Code, including the right that the delivered item must conform to the agreement and the right of withdrawal as referred to in Article 5 of these terms and conditions, do not apply to the customer who is not a Consumer.
1.4 These general terms and conditions can be found on the Entrepreneur's website, namely www.vannbottles.com .
1.5 If any provision of these terms and conditions is void or annulled, the remaining provisions will remain in full force and effect. In such a case, VANN Bottles and the Customer will consult with each other to agree on new provisions to replace the void or annulled provision. These provisions will be as closely aligned as possible with the purpose and intent of the void or annulled provision.
Article 2 | Offers
2.1 All offers in the VANN Bottles webshop are non-binding and valid while supplies last. VANN Bottles reserves the right to change prices.
2.2 The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Customer to properly assess the offer. If VANN Bottles provides images, information, or specifications, these are a true representation of the products offered.
2.3 Any images, information or specifications are indicative and cannot give rise to compensation or termination of the Agreement.
2.4 Obvious mistakes or obvious errors in the offer do not bind VANN Bottles.
2.5 An Agreement is concluded at the moment that an order confirmation of an order placed by the Customer is sent by email to the email address provided by the Customer.
Article 3 | Prices and payment
3.1 All prices are in euros, including VAT and excluding shipping costs.
3.2 Shipping costs are listed on the VANN Bottles website.
3.3 Special offers are only valid for the period stated on the VANN Bottles website.
3.4 Payments can only be made via Ideal, PayPal, Klarna, Mastercard, Maestro, Visa, Apple Pay and Google Pay.
3.5 Products will not be shipped until full payment for the order placed has been received.
Article 4 | Delivery
4.1 Orders will be delivered as soon as possible after payment, but no later than 30 days after the conclusion of the Agreement.
4.2 The stated delivery times are indicative and not binding. Exceeding a delivery time does not entitle the Customer to compensation or the right to cancel or terminate the Agreement.
4.3 If delivery of ordered products proves impossible, VANN Bottles will make every effort to provide a replacement item.
4.4 The risk of damage and/or loss of products rests with the Entrepreneur until the moment of delivery to the Customer or a third party designated in advance by the Customer who is not the carrier.
4.5 Ownership of the ordered products will only be transferred once the Customer has paid everything owed to VANN Bottles.
Article 5 | Right of withdrawal
5.1 The customer has the right to cancel their order up to 14 days after receiving the ordered products without giving a reason. Once the return is registered, the customer has an additional 14 days to send the shipment.
5.2 During the cooling-off period, the Customer will handle the products and packaging with care. The Customer will only unpack or use the products to the extent necessary to determine whether they wish to keep them.
5.3 If the Customer exercises the right of withdrawal, the Customer must download a return label from the Vann Bottles website, namely https://vannbottles.com/pages/returns . The Customer must return the products to VANN Bottles with all delivered accessories and – if reasonably possible – in the original condition and packaging. Products must be returned with the original label on or next to the products and in accordance with the reasonable and clear instructions provided by VANN Bottles as shown on the aforementioned webpage. Once the Customer has returned the products, the Customer must contact info@vannbottles.com, stating the order number and return tracking number. Vann Bottles will then process the return request as soon as possible.
5.4 If the Customer does not comply with the reasonable and clear instructions provided by Vann Bottles regarding the return, VANN Bottles is entitled to refuse the return.
5.5 VANN Bottles will refund the order amount due to the Customer within 14 days of receipt of the returned products.
5.6 If the Customer exercises his right of withdrawal, he will be responsible for at most the costs of returning the product.
5.7 In accordance with the law, the right of withdrawal is excluded for products:
- Which have been created by VANN Bottles in accordance with the specifications and/or instructions of the Customer;
- That are clearly personal in nature, such as products that are engraved or custom-made;
- Which cannot be returned due to their nature;
- Which have already been used by the Customer.
5.8 If the customer has not indicated that he wishes to exercise his right of withdrawal after the period mentioned in this article has expired, or has not returned the products to the entrepreneur, the purchase is a fact.
Article 6 | Conformity and warranty
6.1 VANN Bottles guarantees that the products comply with the agreement, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded.
6.2 VANN Bottles' warranty conditions are listed on the website, which can be accessed via: https://vannbottles.com/pages/warranty-conditions .
6.3 The warranty does not apply to defects or damage caused by:
- Improper installation or use or abnormal exposure to conditions not in accordance with the supplied instructions;
- Use of non-original VANN parts or filters;
- Neglect, improper maintenance or failure to replace filters in time;
- Commercial or non-domestic use;
- Accidental damage, misuse, modifications, or external factors such as flooding or fire.
Article 7 | Liability
7.1 Unless the Customer proves that the damage was caused by intent or gross negligence on the part of VANN Bottles, VANN Bottles shall never be liable for any (consequential) damage or personal injury suffered by the Customer as a direct or indirect result of acts or omissions of VANN Bottles, of acts or omissions of persons employed by VANN Bottles or of defects in and/or (incorrect) use of items supplied by VANN Bottles.
7.2 If and to the extent that, despite the provisions of the preceding paragraphs, VANN Bottles is liable for any damage, this liability will at all times be limited to an amount equal to the invoice value of the products that caused the damage, with a maximum of €5,000.00.
Article 8 | Force Majeure
8.1 In the event of force majeure, VANN Bottles is not obliged to fulfil its obligations towards the Customer or the obligation is suspended for the duration of the force majeure.
8.2 Force majeure exists if performance of the Agreement is prevented or hampered, in whole or in part, temporarily or permanently, by a circumstance, unforeseen or otherwise, beyond VANN Bottles' control. Such circumstances include, but are not limited to: war or similar situations, riots, strikes, occupation, illness of VANN Bottles personnel, failures of third parties engaged by VANN Bottles on whom VANN Bottles relies for the performance of the Agreement, government measures, extreme weather, fire, pandemics, explosions, disruptions to energy or material supplies, cybercrime, or other emergency situations.
Article 9 | Privacy and personal data
9.1 The data provided by the Customer will be treated confidentially by VANN Bottles and will only be used for the following purposes:
- Processing the order;
- The payment thereof and delivery to the correct delivery address;
- Promoting and improving its business activities and the user-friendliness of the website;
- Being able to make personalized offers and promotions or provide information relevant to the Customer.
9.2 VANN Bottles complies with all applicable privacy regulations and legislation, including the General Data Protection Regulation.
9.3 VANN Bottles does not provide data to third parties without the Customer's permission.
9.4 VANN Bottles has drawn up a privacy statement which can be consulted via https://vannbottles.com/pages/privacy . The Customer agrees to be bound by the terms of VANN Bottles' privacy policy.
Article 10 | Complaints procedure
10.1 VANN Bottles has a complaints procedure. VANN Bottles will handle complaints in accordance with this procedure.
10.2 In case of complaints, the Customer must first contact VANN Bottles.
10.3 Complaints regarding the performance of the Agreement must be submitted fully and clearly described to VANN Bottles within 7 days of discovering the defects, via email at info@vannbottles.nl. Exceeding this deadline will result in forfeiture of rights. Regarding externally visible defects, such as scratches and dents, it is not possible to file a complaint after actual delivery, unless the Customer can prove that the damage occurred before actual delivery.
10.4 VANN Bottles will respond to submitted complaints within 14 days of receipt. If a complaint requires a foreseeably longer response time, VANN Bottles will respond within 14 days with a confirmation of receipt and an indication of when the Customer can expect a more detailed response.
10.5 If the complaint cannot be resolved by mutual agreement, the Customer is entitled to submit the dispute to the competent subdistrict court.
10.6 You can register your dispute for mediation via WebwinkelKeur at https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil.
10.7 A complaint does not suspend the obligations of VANN Bottles or the Customer. If a complaint is found to be justified, VANN Bottles will, at its discretion, either replace or repair the delivered products free of charge, or refund (part of) the purchase price to the Customer.
Article 11 | Applicable law
11.1 Every offer, Agreement or legal relationship with VANN Bottles is exclusively governed by Dutch law, even if the Customer is located outside the Netherlands.
11.2 Disputes relating to or arising from offers, agreements, or legal relationships can only be submitted to the Dutch court in the district where VANN Bottles is established. Nevertheless, VANN Bottles reserves the right to submit the dispute to the legally competent court.
11.3 The applicability of the Vienna Sales Convention is expressly excluded.
Article 12 - Use of custom-made/engraved products for promotional purposes
VANN Bottles reserves the right to use images of custom-made or engraved products, as well as the company names and logos depicted on them, for promotional purposes, unless the customer objects in writing.