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TERMS AND CONDITIONS & PRIVACY

Terms and conditions Swique

Swique general partnership (hereinafter: Swique) is registered with the Chamber of Commerce under number 84301279 and has its registered office in Vleuten.
 
Article 1 - Concepts
1. In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise:
2. Offer: Any (written, electronic or otherwise) offer to the Buyer for the delivery of Products by the Seller to which these terms and conditions are inextricably linked. In certain situations, an Offer may be communicated in a manner other than in writing or electronically (e.g. orally). This depends on the actual situation / circumstances.
3. Consumer: The natural person who is not acting in the exercise of a profession or business.
4. Buyer: the Consumer who enters into a (distance) Agreement with the Seller.
5. Agreement: The (remote) purchase agreement that extends to the sale and delivery of Products purchased by the Buyer from Swique.
6. Products: The Products offered by Swique are chocolate and alcohol (food pairing).
7. Seller: The supplier of Products to the Buyer, hereinafter: Swique.

Article 2 - Applicability
1. These general terms and conditions apply to every Offer from Swique and every Agreement between Swique and a Buyer and to every Product offered by Swique.
2. Before a (distance) Agreement is concluded, the Buyer will be given these general terms and conditions. If this is not reasonably possible, Swique will indicate to the Buyer how the Buyer can view the general terms and conditions, which in any case have been published on Swique's website, so that the Buyer can easily store these general terms and conditions on a durable data carrier.
3. In exceptional situations, these general terms and conditions can be deviated from if this has been explicitly agreed in writing with Swique.
4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Buyer. Any general and/or purchase conditions of the Buyer are expressly rejected.
5. If one or more provisions of these general terms and conditions are partially or completely void or are voided, the other provisions of these general terms and conditions will remain in effect and the void/nullified provision(s) will be replaced by a provision with the same purport as the original provision.
6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
7. If in these terms and conditions reference is made to she/her, this should also be understood as a reference to he/him/his, if and insofar as applicable.

Article 3 - The Offer
1. All offers made by Swique are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. There is in any event an Offer if it has been laid down in writing.
2. Swique is only bound by the Offer if the Buyer has already paid the amount due. Nevertheless, Swique has the right to refuse an Agreement with a potential Buyer for a valid reason for Swique.
3. The Offer contains an accurate description of the Product offered with associated prices. The description is detailed enough to enable the Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Swique. Any images, packaging and specific information in the Offer are only an indication and cannot be grounds for any compensation or the dissolution of the Agreement (at a distance). Swique cannot guarantee that the colors in the image exactly match the real colors of the Product. Swique can also not guarantee that the packaging of the Product on the image corresponds exactly with the real packaging of the Product.
4. Delivery times and terms stated in Swique's Offer are indicative and do not entitle the Buyer to dissolution or compensation if they are exceeded, unless expressly agreed otherwise.
5. A composite quotation does not oblige Swique to deliver part of the goods included in the offer or Offer against part of the quoted price.
6. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are only valid until stocks last, and according to the run-out principle.

Article 4 - Formation of the Agreement
1. The Agreement is concluded at the moment that the Buyer has accepted an Offer from Swique by paying for the relevant Product.
2. An Offer can be made by Swique via the website.
3. If the Buyer has accepted the Offer by concluding an Agreement with Swique, Swique will confirm the Agreement with the Buyer in writing, at least by e-mail.
4. If the acceptance deviates (on minor points) from the Offer, Swique is not bound by it.
5. Swique is not bound by an Offer if the Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or error. The Buyer cannot derive any rights from this mistake or error.
6. The buyer has the right to assert its right of withdrawal within the statutory period. If revocation applies, the Buyer will handle the Product and the packaging with care. It will only unpack or use the Product to the extent necessary to determine the nature, characteristics and functioning of the Product. The direct costs for returning the Product are for the account of the Buyer.
7. The right of withdrawal is excluded for the Buyer with regard to all fresh Products that spoil quickly or have a limited shelf life, and/or the products of which the Buyer has broken the (fresh) seal.

 

Article 5 - Execution of the Agreement
1. Swique will execute the Agreement to the best of its knowledge and ability.
2. If and insofar as the proper execution of the Agreement requires this, Swique has the right to have certain activities performed by third parties at its own discretion.
3. The Buyer shall ensure that all data, which Swique indicates are necessary or which the Buyer should reasonably understand are necessary for the performance of the Agreement, are provided to Swique in a timely manner. If the information required for the execution of the Agreement has not been provided to Swique in time, Swique has the right to suspend the execution of the Agreement.
4. In the performance of the Agreement, Swique is not obliged or obliged to follow the instructions of the Buyer if this changes the content or scope of the Agreement. If the instructions involve additional work for Swique, the Buyer is obliged to reimburse the additional or additional costs accordingly.
5. Before proceeding with the execution of the Agreement, Swique may require security from the Buyer or full advance payment.
6. Swique is not liable for damage of any nature whatsoever that has arisen because Swique relied on incorrect and/or incomplete information provided by the Buyer, unless Swique was aware of this inaccuracy or incompleteness.
7. The Buyer indemnifies Swique against any claims from third parties who suffer damage in connection with the performance of the Agreement and which are attributable to the Buyer.

Article 6 - Delivery
1. If the commencement, progress or delivery of the Agreement is delayed because, for example, the Buyer has not provided all requested information or has not provided it on time, does not cooperate sufficiently, the (down) payment has not been received on time by Swique or due to other circumstances if any delay occurs beyond Swique's control, Swique is entitled to a reasonable extension of the delivery/completion period. All agreed delivery/completion periods are never strict deadlines. The buyer must give Swique written notice of default and allow it a reasonable term to still be able to deliver. The buyer is not entitled to any compensation due to the resulting delay.
2. The Buyer is obliged to take delivery of the goods at the time when they are made available to it in accordance with the Agreement, even if they are offered to it earlier or later than agreed.
3. If the Buyer refuses to take delivery or is negligent in providing information or instructions that are necessary for the delivery, Swique is entitled to store the goods at the expense and risk of the Buyer.
4. If the Products are delivered by Swique or an external carrier, Swique is entitled, unless agreed otherwise in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
5. If Swique requires information from the Buyer in the context of the implementation of the Agreement, the delivery time will only commence after the Buyer has made all information necessary for the implementation available to Swique.
6. If Swique has specified a term for delivery, this is indicative. Longer delivery times apply for deliveries outside the Netherlands.
7. Swique is entitled to deliver the goods in parts, unless this has been deviated from in the Agreement or the partial delivery has no independent value. Swique is entitled to invoice the thus delivered separately.
8. Deliveries will only be made if all invoices have been paid, unless expressly agreed otherwise. Swique reserves the right to refuse delivery if there is a well-founded fear of non-payment.
9. Swique or the external carrier is entitled to ask the Buyer's age upon delivery of alcohol. Up to the age of 25, the buyer will always have to state his/her date of birth if requested by the external carrier or Swique.

Article 7 - Packaging and transport
1. Swique undertakes towards the Buyer to pack the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
2. Unless agreed otherwise in writing, all deliveries are made including sales tax (VAT), including packaging and packaging material.
3. The acceptance of goods without comments on the consignment note or the receipt serves as proof that the packaging was in good condition at the time of delivery.

Article 8 - Investigation, complaints
1. The buyer is obliged to inspect or have inspected the delivered goods at the time of delivery, but in any case within 14 days after receipt of the delivered goods, but only to unpack or use them to the extent necessary to be able to assess whether it retains the Product. For fresh products, the Buyer must immediately examine the delivered goods at the time of receipt and return them with the transport service, but no later than 24 hours (for the Buyer being a Company, a period of 12 hours applies). In doing so, the Buyer should examine whether the quality and quantity of the delivered goods correspond to the Agreement and whether the Products meet the requirements that apply to them in normal (trade) traffic.
2. Any visible defects or shortcomings must be reported to Swique in writing after delivery at info@swique.nl. The buyer has a period of 14 days after delivery to do so. Invisible defects or shortages must be reported within 14 days after discovery, but no later than 1 month after delivery. In the event of damage to the Product due to careless handling by the Buyer, the Buyer will be liable for any reduction in value of the Product.
3. If the Buyer wishes to return defective goods, this will only be done with the prior written consent of Swique in the manner indicated by Swique and with regard to the Products that are suitable for revocation.
4. If the Consumer uses his right of withdrawal, he will return the Product and all accessories, insofar as this is reasonably possible, in the original condition and packaging to Swique, in accordance with Swique's return instructions. The direct costs for return shipments are for the account and risk of the Buyer.
5. Swique is entitled to start an investigation into the authenticity and condition of the returned Products before reimbursement will take place.
6. Refunds to the Buyer will be processed as soon as possible, but the refund may take no more than 14 days after receipt of the Buyer's declaration of dissolution. Repayment will be made to the previously specified account number.
7. If the Buyer exercises its right of complaint, the Buyer, being a Company, has no right to suspend its payment obligation or to set off outstanding invoices.
8. In the absence of a complete delivery, and/or if one or more Products are missing, and this can be attributed to Swique, Swique will send the missing Product(s) or the remaining cancel order. The confirmation of receipt of the Products is leading here. Any damage suffered by the Buyer as a result of the (deviating) size of the delivery cannot be recovered from Swique.

Article 9 - Prices
1. During the period of validity of the Offer, the prices of the Products offered will not be increased, except in the event that there are changes in VAT rates or excise duties.
2. The prices stated in the Offer include VAT and excise duties, unless expressly stated otherwise.
3. In the case of Products or raw materials for which there are price fluctuations on the financial market and over which Swique has no influence, Swique can offer these Products at variable prices. The Offer states that the prices are target prices and may fluctuate.
4. If the Buyer is not at home/is not available to receive the goods, and Swique cannot leave the goods for the Buyer in any other way at the time of a first delivery/delivery attempt (for example, by dropping the goods off at neighbors present delivery), Swique is entitled to charge additional costs for a subsequent delivery (attempt).

Article 10 - Payment and collection policy
1. Payment should preferably be made in advance or afterwards in the currency in which the invoice was made via the indicated method.
2. The buyer cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
3. The buyer must make a lump sum payment to the account number and details of Swique made known to it. The parties can only agree on a different payment term after explicit and written permission from Swique.
4. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Buyer, Swique's claims against the Buyer are immediately due and payable.
5. Swique has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Swique can, without being in default, refuse an offer of payment if the Buyer designates a different order for the allocation. Swique can refuse full repayment of the principal sum, if the accrued and current interest as well as the costs are not also paid.
6. If the Buyer does not fulfill its payment obligation and has not fulfilled its obligation within the set payment term of 14 days, the Buyer will first receive a written reminder with a term of 14 days after the date of the reminder to still meet the payment obligation. including a statement of the extrajudicial costs if the Consumer does not fulfill his obligations within that period, before she is in default.
7. From the date that the Buyer is in default, Swique will, without further notice of default, claim the statutory (commercial) interest from the first day of default until full payment and reimbursement of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
8. If Swique has incurred more or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The judicial and execution costs incurred are also for the account of the Buyer.

Article 11 - Retention of title
1. All goods delivered by Swique remain the property of Swique until the Buyer has fulfilled all the following obligations under all Agreements concluded with Swique.
2. The buyer is not authorized to pledge or encumber the goods subject to retention of title in any other way if the ownership has not yet been fully transferred.
3. If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, the Buyer is obliged to inform Swique of this as soon as may reasonably be expected.
4. In the event that Swique wishes to exercise its property rights referred to in this article, the Buyer already now gives unconditional and irrevocable permission and authorization to Swique or third parties to be designated by it to enter all those places where Swique's property is located and to take those things back.
5. Swique has the right to retain the Product(s) purchased by the Buyer if the Buyer has not yet (fully) fulfilled its payment obligations, despite an obligation to transfer or issue on the part of Swique. After the Buyer has fulfilled its obligations, Swique will make every effort to deliver the purchased Products to the Buyer as soon as possible, but no later than within 20 working days.
6. Costs and other (consequential) damage as a result of retaining the purchased Products are for the account and risk of the Buyer and will be reimbursed to Swique by the Buyer upon Swique's first request.

Article 12 - Warranty
Swique guarantees that the Products comply with the Agreement, the specifications, usability and/or soundness stated in the offer and the legal rules/regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and the Buyer has explicitly notified Swique of this use in writing at the time of entering into the Agreement.

Article 13 - Instructions for use Products
1. Buyer of Products must follow Swique's regulations and instructions.
2. The legal minimum age applies to the consumption of alcoholic beverages. Buyer is responsible for enforcing relevant legislation upon delivery.
3. Alcohol can pose a risk to human health, so statements by Swique and its representatives such as "Enjoy in moderation" and "NIX18" should never be interpreted as medical advice. If in doubt, consult a doctor or dietician.
4. Alcohol should only be consumed orally. The buyer must refrain from so-called "smarting" (the anal or vaginal insertion of alcohol).

Article 14 - Suspension and dissolution
1. Swique is authorized to suspend the fulfillment of its obligations or to dissolve the Agreement if the Buyer does not or not fully comply with the (payment) obligations under the Agreement.
2. In addition, Swique is authorized to dissolve the existing Agreement between it and the Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer does not timely or properly fulfill the obligations arising from any Agreement concluded with Swique. result.
3. Furthermore, Swique is authorized to dissolve the Agreement without prior notice of default if circumstances arise of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness or if other circumstances arise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.
4. If the Agreement is dissolved, Swique's claims against the Buyer are immediately due and payable. When Swique suspends the fulfillment of its obligations, it retains its claims under the law and the Agreement.
5. Swique always reserves the right to claim compensation.

Article 15 - Limitation of Liability
1. If the performance of the Agreement by Swique leads to liability of Swique towards the Buyer or third parties, that liability is limited to the costs charged by Swique in connection with the Agreement, unless the damage has arisen due to intent or gross negligence. Swique's liability is in any case limited to the maximum amount of damage paid out by the insurance company per event per year.
2. Swique is not liable for consequential damage, indirect damage, loss of profit and/or loss suffered, missed savings and damage resulting from the use of the delivered Products is excluded. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.
3. Swique is not liable for and/or obliged to repair damage caused by the use of the Product. Swique provides strict maintenance and usage instructions that must be observed by the Buyer. All damage to Products as a result of wearing and using them is expressly excluded from liability (including traces of use, use damage, fall damage, light and water damage, theft, loss, etc.).
4. Swique is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.
5. Swique is not liable for loss of quality of the goods / Products because a subsequent (for example second) delivery attempt has to be made or if Swique is forced to leave the Products behind for the Buyer in another way (for example: delivery to neighbours).
6. Swique is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason.
7. Swique does not guarantee a correct and complete transmission of the content of and by/on behalf of Swique sent e-mail, nor for the timely receipt thereof.
8. All claims of the Buyer due to shortcomings on the part of Swique lapse if they have not been reported in writing and with reasons to Swique within one year after the Buyer became aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Buyer expire in any case one year after the termination of the Agreement.

Article 16 - Force majeure
1. Swique is not liable if it cannot fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to comply with any obligation if it is prevented from doing so as a result of a circumstance that cannot be foreseen. attributable to its fault and is not for its account under the law, legal act or generally accepted views.
2. Force majeure is in any case understood, but is not limited to what is understood in this regard by law and jurisprudence, (i) force majeure of suppliers of Swique, (ii) failure to properly comply with obligations of suppliers that the Buyer has Swique are prescribed or recommended, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking) , (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes at Swique's company and (xi) other situations that, in the opinion of Swique, fall outside its sphere of influence that affect the fulfillment of its temporarily or permanently prevent obligations.
3. Swique has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Swique should have fulfilled its obligation.
4. Parties can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to pay damages to the other party.
5. Insofar as Swique has already partially fulfilled its obligations under the Agreement at the time of the commencement of force majeure or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, Swique is entitled to will be invoiced separately. The Buyer is obliged to pay this invoice as if it were a separate Agreement.

Article 17 - Risk transfer
The risk of loss of or damage to the Products that are the subject of the Agreement shall pass to the Buyer at the time when the Products have been placed in the Buyer's control. This is the case if the Products have been delivered to the Buyer's delivery address.

Article 18 - Intellectual Property Rights
1. All intellectual property rights and copyrights of Swique are vested exclusively in Swique and are not transferred to the Buyer.
2. The Buyer is prohibited from publishing and/or multiplying, changing or making available to third parties all documents subject to Swique's intellectual property rights and copyrights without Swique's express prior written consent. If the Buyer wishes to make changes to goods delivered by Swique, Swique must explicitly agree to the intended changes.
3. The Buyer is prohibited from using the Products to which Swique's intellectual property rights rest other than as agreed in the Agreement.

Article 19 - Privacy, data processing and security
1. Swique handles the (personal) data of the Buyer and visitors to the website(s) with care. If requested, Swique will inform the person concerned about this.
2. If Swique is required to provide information security pursuant to the Agreement, this security will comply with the specifications agreed upon and a security level that, given the state of the art, the sensitivity of the data and the associated costs, is not is unreasonable.

Article 20 - Complaints
1. If the Buyer is not satisfied with the Products of Swique and/or has complaints about the (execution of the) Agreement, the Buyer is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. to report. Complaints can be reported via info@swique.nl with the subject Complaint.
2. The complaint must be sufficiently substantiated and/or explained by the Buyer if Swique is to be able to handle the complaint.
3. Swique will respond substantively to the complaint as soon as possible, but no later than 14 calendar days after receipt of the complaint.
4. Parties will try to reach a solution together.

Article 21 - Applicable law
1. Dutch law applies to every Agreement between Swique and the Buyer. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
2. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Swique has the right to unilaterally change these general terms and conditions.
3. All disputes arising from or as a result of the Agreement between Swique and the Buyer will be settled by the competent court of the Central Netherlands District Court, location Almere, unless mandatory provisions of law lead to the jurisdiction of another court.

Vleuten, November 2021.

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