Terms and Conditions
- Applicability of these general conditions.
- Orders and minimum purchase.
- The Agreement
- Delivery and execution.
- Right of withdrawal
- Cancelling the order
- Applicable law and disputes.
- Entering into force.
In these general terms and conditions, the following definitions shall apply:
- Kaychella Champagne: the company Kaychella Champagne, established in Zoetermeer, registered within the Chamber of Commerce under number: 83501258
- Consumer: the person who is not acting in the exercise of a profession or business and enters into a distance contract with Kaychella Champagne;
- Customer: the person or company with whom Kaychella Champagne enters into a (purchase) agreement, or the person who ordered and on whose behalf the products and/or services are delivered;
- Offer / Product: exclusive hand crafted champagne bottles;
- Day: calendar day;
- Agreement: the agreement between Customer and Kaychella Champagne created by mutual acceptance for the supply of products and/or services by Kaychella Champagne, or a legal act showing that the Customer confirms to want to use the products and/or services offered by Kaychella Champagne;
- Distance contract: an agreement whereby a digitally organized system of Kaychella Champagne uses techniques and communication for selling products and/or services at a distance;
- Website: www.kaychellachampagne.com, the website of Kaychella Champagne where the Customer can place an order for delivery of products and/or services.
Applicability of these general conditions
- These general terms and conditions apply to all offers made by Kaychella Champagne and to all agreements concluded (at a distance) between the Customer and Kaychella Champagne.
- Before the agreement at a distance is concluded with a Consumer, the text of these general conditions shall be made available to the Consumer by ordinary or electronic means. If this is not possible due to circumstances, Kaychella Champagne will indicate in what way the general conditions can be viewed (electronically) at Kaychella Champagne and that the general conditions will be sent free of charge (electronically) to the Consumer as soon as possible before the agreement at a distance is concluded.
- The purchase conditions or other general conditions of the Customer do not apply to the Agreement, unless parties agreed otherwise in writing.
- The Customer and Kaychella Champagne can only deviate from these general conditions if this has been agreed in writing.
- All persons who are or have been employed by, for or on behalf of Kaychella Champagne, may rely on these general terms and conditions.
- If an offer has a limited period of validity or is made under conditions, this will be mentioned explicitly in the offer.
- The offer contains a complete and accurate description of the products and/or services offered.
- If Kaychella Champagne uses images, these are a realistic representation of the offered products, services and/or digital content.
- Kaychella Champagne cannot be held to its offer, if the offer or a part thereof contains an obvious mistake or obvious errors and the Customer could reasonably understand that.
- All prices of Kaychella Champagne are inclusive of VAT, unless otherwise indicated.
4. Orders and minimum purchase
- Orders can be made via Kaychella Champagne’s Website or social media.
- The minimum order per delivery is displayed on the Website. Above the minimum order, it is possible to order all desired quantities and additional products.
5. The Agreement
- The agreement comes into being at the moment the Customer notifies Kaychella Champagne in writing that he or she wishes to purchase a product and Kaychella Champagne confirms in writing that it will deliver the product. From that moment on, the Customer is obliged to pay an agreed amount to Kaychella Champagne.
- The agreement can only be executed by Kaychella Champagne if the Customer provides correct and complete contact and address details when placing the order.
- The Customer has the duty to notify Kaychella Champagne as soon as possible of inaccuracies in the contact and address details provided.
- If the delivery of the order is performed by Kaychella Champagne, Kaychella Champagne may charge delivery costs to the Customer. The current delivery charges are stated on the website before a Customer places an order.
- At the moment the agreement has been established in accordance with article 5.1 of these general terms and conditions, the Customer is obliged to pay Kaychella Champagne for the order.
- Kaychella Champagne may require an advance payment if a product is out of stock.
- Kaychella Champagne has the right to suspend or not execute the work if the advance payment has not been made
7. Delivery and execution
- Kaychella will take the greatest possible care when receiving and executing orders for products and when evaluating requests for provision of services.
- The place of delivery shall be the address given by the Customer to Kaychella Champagne.
- Kaychella Champagne shall execute accepted orders expeditiously but at the latest within 14 days, unless a different term of delivery was agreed upon. If delivery is delayed, or if an order cannot or only partially be executed, the consumer receives notice at the latest 30 days after the order was placed. The Consumer in that case has the right to dissolve the agreement without costs.
- After dissolution in accordance with the previous paragraph, Kaychella Champagne will refund the amount paid by the consumer without delay.
- The risk of loss of products rests with Kaychella Champagne until the moment of delivery to the Consumer, unless expressly agreed otherwise.
- The risk of damage of products rests with the Consumer. Kaychella Champagne can not guarantee that the product is delivered to the Consumer without minor damage. The product has been worked on by hand, the chance is present that a stone comes loose from the product.
- Kaychella Champagne shall, at the latest upon delivery of the product, send the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
- the contact details of Kaychella Champagne where the Consumer can go with complaints;
- the conditions under which and the way in which the Consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the price including all taxes of the product, insofar as applicable, the costs of delivery and the method of payment, delivery or performance of the distance contract
- the requirements for cancelling the agreement if the nature of the product does not oppose this.
8. Right of withdrawal
- The Consumer may dissolve a contract relating to the purchase of a product during a reflection period of 14 days without giving reasons.
- Kaychella Champagne may ask the Consumer about the reason for withdrawal, but may not oblige the Consumer to state its reason(s).
- The reflection period referred to in article 8.1 shall commence on the day after the Consumer has received the product, or:
- if the Consumer has ordered multiple products in the same order: the day on which the Consumer, or a third party designated by him, has received the last product. Kaychella Champagne may, if it has clearly informed the Consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time;
- if the delivery of a product consists of several shipments or parts: the day on which the Consumer, or a third party designated by him, has received the last shipment or the last part;
- in case of agreements for regular delivery of products during a certain period: the day on which the Consumer, or a third party designated by him, has received the first product.
- During the reflection period, the Consumer shall handle the product and its packaging with care. He will only unpack the product to the extent necessary to determine the nature, features and functioning of the product. The starting point here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.
- When opening the product, the right of withdrawal and the right of return expire. This is also the case when the seal of the product is broken.
- If the product has normal user damage, the right of withdrawal and the right to return expire. This may include damage to the product caused by placing the product in a champagne cooler.
- If the Consumer exercises his right of withdrawal, he shall notify Kaychella Champagne in writing by email within the reflection period.The Consumer may exercise the right of withdrawal by using the withdrawal form in Annex A.
- As soon as possible, but within 14 days from the day following the notification referred to in paragraph 6, the Consumer shall return the product in accordance with the reasonable and clear instructions provided by Kaychella Champagne.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer.
- If Kaychella Champagne enables the notification of withdrawal by the Consumer by electronic means, Kaychella Champagne shall send an acknowledgement of receipt of this notification without delay after receipt of this notification.
- Kaychella Champagne shall reimburse all payments made by the Consumer, excluding any delivery costs charged by Kaychella Champagne for the returned product, without delay but within 7 days following the day on which the Consumer notifies him of withdrawal. Kaychella Champagne may wait to repay until it has received the product or until the Consumer proves that he has returned the product, whichever time falls earlier.
- Kaychella Champagne shall use the same means of payment for reimbursement that the Consumer has used, unless the Consumer agrees to another method. The reimbursement shall be free of charge for the Consumer.
- If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, Kaychella Champagne does not have to refund the additional costs for the more expensive method.
9. Cancelling the order
- Kaychella Champagne has the right to cancel the order, if:
- the offer is no longer available;
- the Customer has provided an incorrect or unreachable telephone number, other contact details or;
- in case of force majeure.
- If the Customer places an invalid order, for example by: providing incorrect contact details, failing to pay or by not being present at the delivery location to receive the order, or otherwise failing to comply with its obligations under the agreement, Kaychella Champagne may decide to refuse future orders from the Customer concerned.
- In case of minor damage as described in article 7.2. of these conditions Kaychella Champagne is not obliged to repair the product or to deliver a new product.
- By Kaychella Champagne any liability for damage or loss is excluded, unless the Customer can prove intent or gross negligence by Kaychella Champagne or one of its responsible employees.
- Kaychella Champagne is not liable for the liquid in the product, after all she is not to be considered as the producer of the champagne.
- All liability of Kaychella Champagne for indirect damage, including consequential damage, loss of profit, missed savings, damage by stagnation of business is at all times excluded.
- In case Kaychella Champagne offers products for delivery to the Customer, but the Customer does not accept these products for reasons not attributable to Kaychella Champagne, damage on account of complete or partial loss of these products as from the moment of offer comes for risk of the Customer.
- If the Customer has complaints about the quality of the product, he shall notify Kaychella Champagne as soon as possible. This can be done through the email address email@example.com. Kaychella Champagne shall be given the opportunity to investigate the justification of the complaint and if possible to remedy it.
- Kaychella Champagne strives to answer complaints within 7 days.
- If Kaychella Champagne considers the complaint well-founded, Kaychella Champagne shall give the Customer the opportunity to purchase a new product free of charge with the same value as the product initially purchased. Kaychella Champagne will in no case refund money.
12. Applicable law and disputes
- Dutch law shall apply to all agreements between the Customer and Kaychella Champagne to which these general conditions apply.
- All disputes regarding agreements between the Customer and Kaychella Champagne to which these general terms and conditions apply shall be settled by the competent court in the place of business of Kaychella Champagne, unless the law provides otherwise.
- Notwithstanding the provisions of paragraph 2, the Customer and Kaychella Champagne may opt for a different method of dispute resolution.
13. Entering into force
These General Terms and Conditions will come into effect as of September 1, 2021.
ANNEX A: Withdrawal form
Instructions for use Legally you have a right of withdrawal: within a period of 14 days you may return ordered items. This period commences when all items in the order have been delivered. You can use the model form below to indicate that you are making use of your right of withdrawal. Filling out this form is not necessary to exercise your right of withdrawal. Returning the items with only a (copy of) the invoice is also possible. The shipping costs for returns are to be paid by the consumer. Returns to: Kaychella Champagne [ADDRESS] [ZIP CODE + CITY] E-mail: firstname.lastname@example.org I hereby notify Kaychella Champagne, that I am revoking our agreement regarding the sale of the following item(s) with the following item number(s):