Definitions
Identity of the entrepreneur
Applicability
The offer
The agreement
Registration system
Right of withdrawal
Obligations of the consumer during the cooling-off period
Exercise of the right of withdrawal by the consumer and costs thereof
Obligations of the entrepreneur in case of withdrawal
Exclusion of the right of withdrawal
The price
Performance of the agreement and additional guarantee
Delivery and execution
Continuing performance agreements: duration, termination and renewal
Payment
Complaints procedure
Disputes
Supplementary or deviating provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft or professional activity;
Day: calendar day;
Digital content: data produced and supplied in digital form;
Continuing performance agreement: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
Durable data carrier: any means – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a manner that permits future consultation or use for a period that corresponds to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Registration system: the system operated by the entrepreneur whereby consumers can register for the purchase of special or exclusive beers, with a purchase obligation applying upon selection;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for distance sales of products, digital content and/or services, whereby up to and including the conclusion of the agreement, exclusive or joint use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be made available if the consumer has no right of withdrawal in respect of their order;
Technique for distance communication: a means that can be used for concluding an agreement, without the consumer and entrepreneur having to be in the same room at the same time.

Article 2 – Identity of the entrepreneur

BrewHunter by CraftBoxs V.O.F.

Name: CraftBoxs V.O.F.
Registered address: Vluchtoord 14, 5406XP, Uden
Email address: info@craftboxs.nl
Chamber of Commerce number: 76448630
VAT identification number: NL860626623B01

If the activity of the entrepreneur is subject to a relevant licensing system: details of the supervisory authority.

If the entrepreneur practises a regulated profession:

the professional association or organisation to which they belong;
the professional title, the place in the EU or the European Economic Area where it was granted;
a reference to the professional rules applicable in the Netherlands and instructions on where and how these professional rules can be accessed.

Article 3 – Applicability

These general terms and conditions apply to every offer by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the entrepreneur shall indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, then, in derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it shall be indicated, before the distance contract is concluded, where the general terms and conditions can be viewed electronically and that they will be sent free of charge to the consumer electronically or otherwise upon request.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly, and the consumer may always invoke the applicable provision that is most favourable to them in the event of conflicting conditions.

Article 4 – The offer

If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and the conditions set therein are met.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a safe web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.
The entrepreneur may – within legal frameworks – ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are relevant to a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, they are entitled to refuse an order or application with reasons or to attach special conditions to the execution.
The entrepreneur shall, at the latest upon delivery of the product, service or digital content, send the consumer the following information in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. information about guarantees and existing after-sales service;
4. the price inclusive of all taxes of the product, service or digital content; where applicable, the delivery costs; and the method of payment, delivery or execution of the distance contract;
5. the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration;
6. if the consumer has a right of withdrawal, the model withdrawal form.
In the case of a continuing performance agreement, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Registration system

BrewHunter operates a special registration system for premieres and special beers. The purpose of this system is to distribute premieres and special beers in a fair manner among interested consumers.
The registration system operates according to the following procedure:
1. The entrepreneur places a release in the registration system with a deadline for registration.
2. The consumer can register for this release until the indicated deadline.
3. After the deadline has passed, the entrepreneur determines whether the release can proceed based on the number of registrations in relation to the available quantity.
4. If there are more registrations than available products, the participants are randomly selected.
5. The selected consumers are notified and are from that moment obligated to purchase the relevant release.
By registering for a release in the registration system, the consumer enters into a binding agreement subject to selection. If the consumer is selected, there is a definitive purchase agreement.
The entrepreneur purchases the relevant beers specifically from the brewery for the selected consumers based on the selections. This is an essential part of the entrepreneur's business model.
Selected consumers are obligated to pay for and accept delivery of the products for which they have been selected. No exceptions to this obligation are possible, unless the entrepreneur is in default.
In the event of non-performance of the payment and purchase obligation, the entrepreneur is entitled to:
1. send the consumer a payment reminder;
2. charge statutory interest on the amount due;
3. take debt collection measures, including engaging a debt collection agency;
4. charge the collection costs to the consumer in accordance with Dutch law.
Products obtained through the registration system are not covered by the right of withdrawal as described in Article 7, as these products are specifically purchased for the selected consumer. See also Article 11 for further clarification.

Article 7 – Right of withdrawal

For products:

The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).
The right of withdrawal applies exclusively to products that are in their original, unopened packaging. For beers, this specifically means they must be unopened and sealed. Opened products cannot be returned for hygienic reasons and food safety, in accordance with Article 6:230p of the Dutch Civil Code.
Please note: for beers purchased through the registration system, an exception to the right of withdrawal applies. See Article 11 for this.
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
1. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by them, received the last product. The entrepreneur may, provided they have clearly informed the consumer of this prior to the ordering process, refuse an order of multiple products with different delivery times.
2. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
3. for agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by them, received the first product.
The costs for returning products are borne by the consumer. The entrepreneur charges a fixed amount of EUR 6.95 for returns from the Netherlands, Belgium and Germany. This amount will be deducted from the amount to be refunded upon approval of the return shipment.

For services and digital content not supplied on a tangible medium:

The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium during at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal but may not oblige them to state their reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium in case of failure to inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the preceding paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 8 – Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer shall handle the product and the packaging with care. They shall only unpack or use the product to the extent necessary to establish the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.
The consumer is only liable for any diminished value of the product resulting from a manner of handling the product that goes beyond what is permitted in paragraph 1.
The consumer is not liable for any diminished value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 9 – Exercise of the right of withdrawal by the consumer and costs thereof

If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product. The consumer has in any case observed the return period if they return the product before the cooling-off period has expired.
The consumer shall return the product with all accessories supplied, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the costs of return shipment.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water or electricity not prepared for sale in a limited volume or specific quantity commences during the cooling-off period, the consumer owes the entrepreneur an amount proportionate to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared with the full performance of the obligation.
The consumer bears no costs for the performance of services or the supply of water, gas or electricity not prepared for sale in a limited volume or quantity, or for the supply of district heating, if:
1. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement upon withdrawal or the model withdrawal form, or;
2. the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer bears no costs for the full or partial supply of digital content not supplied on a tangible medium, if:
1. prior to the delivery thereof, they did not expressly agree to commence the performance of the agreement before the end of the cooling-off period;
2. they did not acknowledge losing their right of withdrawal when granting their consent; or
3. the entrepreneur failed to confirm this declaration by the consumer.
If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 10 – Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes notification of withdrawal by the consumer possible electronically, they shall send a confirmation of receipt without delay upon receipt of such notification.
The entrepreneur shall reimburse 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 notifies them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer demonstrates that they have returned the product, whichever is earlier.
The entrepreneur shall use the same means of payment used by the consumer for reimbursement, unless the consumer agrees to a different method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 11 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction is defined as a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obligated to purchase the products, digital content and/or services;
Products purchased through BrewHunter's registration system. By participating in the registration system and upon selection, the consumer accepts the following conditions:
1. upon selection, the consumer is obligated to purchase the relevant beers;
2. the entrepreneur purchases these beers specifically for the selected consumers from the brewery;
3. in the event of non-performance of the purchase obligation, the entrepreneur may engage a debt collection agency;
4. the right of withdrawal is explicitly excluded for these products due to the special nature of the purchase.
Service agreements, after full performance of the service, but only if:
1. the performance began with the express prior consent of the consumer; and
2. the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
Package travel as referred to in Article 7:500 of the Dutch Civil Code and contracts for passenger transport;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
Products manufactured to the consumer's specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision of the consumer, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that after delivery are irreversibly mixed with other products by their nature;
Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software whose seal has been broken after delivery;
Newspapers, periodicals or magazines, with the exception of subscriptions thereto;
The supply of digital content other than on a tangible medium, but only if:
1. the performance began with the express prior consent of the consumer; and
2. the consumer has declared that they thereby lose their right of withdrawal.

Article 12 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
In derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices mentioned are guide prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
1. they are the result of statutory regulations or provisions; or
2. the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are inclusive of VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 13 – Performance of the agreement and additional guarantee

The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the statutory rights and claims that the consumer may assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to perform their part of the agreement.
An additional guarantee means any obligation of the entrepreneur, their supplier, importer or producer in which they grant the consumer certain rights or claims that go beyond what they are legally obliged to do in the event of a failure to perform their part of the agreement.

Article 14 – Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is deemed to be the address that the consumer has made known to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with reasonable speed but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
Following dissolution in accordance with the previous paragraph, the entrepreneur shall reimburse the amount paid by the consumer without delay.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 15 – Continuing performance agreements: duration, termination and renewal

Termination:

The consumer may at all times terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may at all times terminate an agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services, at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:
- at all times and not be limited to termination at a particular time or in a particular period;
- at least terminate in the same manner as they were entered into by them;
- always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
In derogation from the previous paragraph, an agreement that has been entered into for a definite period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, if the consumer can terminate this renewed agreement at the end of the renewal with a notice period of no more than one month.
An agreement that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may at all times terminate with a notice period of no more than one month. The notice period is no more than three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may at all times terminate the agreement after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed duration.

Article 16 – Payment

Unless otherwise stipulated in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the commencement of the cooling-off period, or in the absence of a cooling-off period within 14 days after the conclusion of the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. Where advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer does not meet their payment obligation(s) in time, after the entrepreneur has pointed out the late payment and granted the consumer a period of 14 days to still meet their payment obligations, after failure to pay within this 14-day period, statutory interest is owed on the amount still due, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to EUR 2,500; 10% on the subsequent EUR 2,500 and 5% on the following EUR 5,000, with a minimum of EUR 40. The entrepreneur may deviate from the aforementioned amounts and percentages in favour of the consumer.

Article 17 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur in a complete and clear manner within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the period of 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 18 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 19 – Supplementary or deviating provisions

Supplementary or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

Annex I – Model withdrawal form

(only complete and return this form if you wish to withdraw from the agreement)

To: BrewHunter by CraftBoxs V.O.F.

Vluchtoord 14, 5406XP, Uden

Email: info@craftboxs.nl

I/We* hereby inform you that I/we* wish to withdraw from our agreement regarding:

the sale of the following products: [description of product]*
the supply of the following digital content: [description of digital content]*
the performance of the following service: [description of service]*,

withdraw/withdraws*.

Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)] (only when this form is submitted on paper)

* Delete as appropriate or fill in what applies.

General Terms & Conditions BrewHunter by CraftBoxs

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