Terms & Conditions

1.CONDITIONS OF USE

You agree to use the website only in accordance with these Terms, the Membership Terms and the Cookie Policy and for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and pleasure of the website.

2.CHANGES TO THIS WEBSITE

1. The company may revise or change these Terms, the Membership Terms and / or the Cookie Policy at any time by updating these pages. You should check the website to review the Terms, the Membership Terms and the Cookie Policy regularly because they are binding on you. Your continued use of the website, after changes have been made, will indicate that you have read and accepted those changes. You should not use the website if you do not agree with any changes.
2. Certain provisions of these Terms, the Membership Terms and / or the Cookie Policy may be superseded by expressly designated legal notices or terms located on particular pages of the Website.

3.USE OF CONTENT FROM OUR WEBSITE

1. In accessing the website, you agree to only use the content (including but not limited to videos, images, graphics, audio content, text, logos and any other media) (the “Content”) for your own personal, non-commercial use. We may terminate or restrict your use of our service if you violate these Terms or are engaged in illegal or fraudulent use of the service. You are not permitted to copy, broadcast, download, store (in any medium), transmit, publish, show or play in public all or any part of the content, for any other purpose whatsoever without the prior written permission of the company. You are not permitted to adapt, modify or alter the content or the website (in whole or in part).
2. You are permitted to print and download extracts of the freely available material from the website only for your own personal reference or if relevant to draw the attention of others to our website provide that:

No documents or related graphics on the website are modified in any way;

No graphics on the website are used separately from the corresponding text; and the company’s copyright and trademark notices and this permission notice appear in all copies.

iii. These limited permissions are not intended to confer or grant any rights or licenses in the website or the content and such permissions can be revoked by the company from time to time without notice.

1. Unless otherwise stated, the copyright and other intellectual property rights in the website and the content are owned by the company or its licensors. For the purposes of these Terms, any use of extracts from the website or content other than in accordance with these Terms for any purpose is prohibited. If you breach any of the Terms, your permission to use the website automatically terminates and you must immediately destroy any downloaded or printed extracts from the website.
2. Subject to as expressly set out in these Terms, no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the company’s prior written permission. For the avoidance of doubt, you shall be permitted to share links to our website provided that you do not share your log in details (if you are a member).
3. Any rights not specifically granted in these Terms are explicitly reserved.

vii. The company does not accept unsolicited materials or ideas and is not responsible for the similarity to any of its content, website or programming in any media to materials or ideas transmitted to the company.

4.SERVICE ACCESS

1. It is your responsibility to ensure that the company’s technology is compatible with your systems and devices. The quality of the display of the content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. The company is not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility as above. Due to its inherent nature of the content, you acknowledge that the company is not liable or responsible for any delay, disruption or disturbance in the operation of the internet.

ii.While the company endeavors to ensure that the website is normally available 24 hours a day, the company shall not be liable if for any reason the website is unavailable at any time or for any period.

iii.Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the company’s control.

iv.Technical support for the content is available between the hours of 9.00am and 5.00pm (CET) Monday to Friday (excluding public holidays). Requests for support should be sent by email to bestellingen@wijnwinkel.com. The company will respond as soon as possible.

v.You acknowledge that the use of the service may require third party software that is subject to third party licenses. You agree that you may automatically receive updated versions of such third-party software.

vi.The company’s software is developed by, or for the company and is designed to enable viewing of the content and the website through approved devices. The company’s software may vary by device and medium, and functionalities, features, quality and streaming speed may differ between devices and bandwidths.

vii. Age limit. If you place an order with us via www.wijnwinkel.com, you must first create an account with an e-mail address, date of birth and password, with which you can easily log in from now on. When the order is delivered, the delivery person will ask for identification. Valid IDs include a national passport and a European ID card or drivers license. If the minimum age requirement is not met, the delivery person is unfortunately forced to take the order back or not to deliver it. If the order cannot be delivered because it could not be established that the age requirement has been met, your order will bee returned to us. The reason for this is that we want to discourage minors from trying to place orders anyway.

5.VISITOR MATERIAL AND CONDUCT

i.Other than personally identifiable information, which is covered under our Privacy Policy any material you transmit or post to the website shall be considered non-confidential and non-proprietary. The company has no obligations with respect to such material. The company and its designees will be free to copy, delete, disclose, distribute, incorporate and otherwise use such material, and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

ii.You may not post or transmit to or from the website any material:

That is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or for which you have not obtained all necessary licenses and/or approvals; or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

iii.You may not misuse the website and shall not circumvent, remove, alter, deactivate, degrade or thwart any of the content or website protections; use any robot, spider, scraper or other automated means to access the content; decompile, reverse engineer or disassemble any software or other products or processes accessible through the website; insert any code or product or manipulate the content in any way or use any data mining, data gathering or extraction method.

iv.The company shall be entitled to fully cooperate with any law enforcement authorities or court order requesting or directing the company to disclose the identity or locate anyone posting any material in breach of these Terms.

v.Digital Marketing and Social Media. The content of Facebook, Instagram and mailings is only intended for persons of 18 years and older. By liking the Facebook account, following the Instagram account or subscribing to the mailings you confirm that you are 18 years or older. Nothing may be forwarded to or otherwise made available to anyone under the age of 18.

 

6.LINKS TO AND FROM OTHER WEBSITES

i.Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. The company has not reviewed all of the content included in third-party websites and does not control and is not responsible for any third-party websites including their content or availability. The company does not endorse or make any representations about third-party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to the website, you do so entirely at your own risk.

ii.If you would like to share a link to the website, including on social media, you may only do so on the basis that you link to, but do not reproduce, the relevant page of the website, and subject to the following conditions:

You do not remove, distort or otherwise alter the size or appearance of the De Wijnwinkel logo;

You do not create a frame or any other browser or border environment around the website;

You do not in any way imply that the company is endorsing any products or services other than its own;

You do not misrepresent your relationship with the company nor present any other false information about the company;

You do not use any trademarks displayed on the website without written permission from the company;

You do not link from a website that is not either owned by you or on which you do not have the right to do so;

You do not share our link on any third-party websites whose content is distasteful, offensive or controversial in any jurisdiction in which it is accessible, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

iii.The Company expressly reserves the right to revoke the right granted in Clause 6.ii or any other breach of these Terms and to take any action it deems appropriate.

iv.You shall fully indemnify the company for any loss or damage suffered by the company for breach of Clause 6. We refer to the indemnity set out Clause 10 below.

 

7.DISCLAIMER

While the company endeavors to ensure that the information on the website is correct, the company does not guarantee the accuracy and completeness of the material on the website or the content. The company may make changes to the material on the website or the content, or to the products and prices described in it, at any time without notice. The material on the website or the content may be out of date, and the company makes no commitment to update such material or content.

The statements and opinions expressed in the content, videos and/or on the website by third parties (including partners and experts engaged by the company) are those of such individuals. They do not purport to reflect the opinions or views of the company, its employees or sponsors.

The material and/or content on the website is provided “as is”, without any conditions, warranties or other terms of any kind.

 

8.LIABILITY

i.The company makes no statement about the suitability of the content, information and services contained on, or accessed via, the website.

ii.We exclude all liability and responsibility for any amount of loss or damage that may result to you or a third party in connection with the use, inability to use or the results of use of this website, any third-party websites linked to the website or the material on such websites. This includes any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website. All warranties, terms and conditions in this regard, including all warranties, terms and conditions implied by statute or otherwise, of satisfactory quality and fitness for purpose are excluded to the fullest extent permitted by law.

iii.The company further excludes to the fullest extent permissible by law all liability for damages and direct, indirect or consequential loss (all three of which terms include pure economic loss, loss of profits, loss of business, business interruption, depletion of goodwill and like loss) or otherwise incurred by you or any other person or organization and arising out of or in any way connected with the use of the Website or the Content, whether based on contract, tort, strict liability or otherwise.

iv.We do not purport to exclude legal liability for death or personal injury as a result of the company’s negligence and for fraud or for any matter for which it would be illegal for the company to exclude or to attempt to exclude liability.

v.You agree to defend, indemnify and hold harmless the company, its affiliates and officers, directors, employees and agents from and against any and all claims, liabilities, costs, damages, losses (including, without limitation, consequential and indirect losses) and expenses, including reasonable legal costs, arising out of or in any way connected with any breach by you of these Terms, your placement or transmission of any message, content, information, software or other materials, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity).

 

9.SEVERABILITY

If any section or portion of these Terms is determined by any court to be illegal or invalid, it shall be deemed modified to the minimum extent necessary to make it legal or valid and, if not possible, shall be deemed deleted, and the validity of the remaining Terms shall not be affected.

 

10.WAIVER

No failure or delay by the company to ply any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further ply of that or any other right or remedy.

 

11.RIGHTS OF THIRD PARTIES

These Terms govern the agreement of use of the website between you and the company and therefore no third party shall have any rights under these Terms or any subsequent amendments or to enforce any of its terms.

 

12.ENTIRE AGREEMENT

i.These Terms constitute the entire agreement between you and the company in respect of use of the website and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

ii.You shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) by the company that is not set out in these Terms. The company shall not be liable for innocent or negligent misrepresentation.

 

13.GOVERNING LAW AND JURISDICTION

i.These Terms shall be governed by and construed in accordance with Dutch law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Dutch courts.