Terms and Conditions
Terms and conditions & Privacy Statement
Article 1 – Definitions
1. Reflection time: UTCA Brews understands a reflection period to be the legal period of 14 days (right of withdrawal) within which the consumer can make use of his right of withdrawal and can cancel the agreement, as concluded via the internet, without giving reasons;
2. Consumer: the consumer is the natural person who places an order via UTCA Brews.nl;
3. Day: by a day, UTCA Brews means a calendar day;
4. Business day: UTCA Brews defines a business day as a day that falls on a Monday to Friday, with the exception of officially recognized public holidays;
5. Digital content: these are the data that are produced and delivered in digital form;
6. Agreement: this is the agreement that extends to the supply of goods during a specific period;
7. Durable data carrier: by this UTCA Brews means any tool, including e-mail, that enables the consumer or UTCA Brews itself to store information that is addressed to him personally in such a way that future consultation or use during a period that is tailored to the purpose for which the information is intended and which enables unaltered reproduction of the stored information;
8. Entrepreneur: the entrepreneur is the natural person who trades under the name UTCA Brews and who offers products to consumers via the internet;
9. Distance contract: the agreement concluded between the entrepreneur and the consumer in connection with the purchase of products. In connection with the conclusion of the agreement, remote communication techniques are used. This could include e-mail;
10. Remote communication technology: UTCA Brews defines this as the method that can be used to conclude an agreement, without the consumer and the entrepreneur having to be in the same room at the same time.
Article 2 – Identity of the entrepreneur
UTCA Brews VOF
Hermannus Elconiusstraat 77, 3553 VC Utrecht
Article 3 – Applicability
1. These general terms and conditions always apply to the entire offer of the entrepreneur and to any distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. The consumer can consult these conditions at any time on the website www.utcabrews.nl
Article 4 – The offer
1. If a product or promotion offered has a limited period of validity and / or conditions are attached to it, this will be explicitly stated with the product or promotion offered.
2. The products offered contain a complete and accurate description. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. The images used are a true representation of the products offered. If there are obvious mistakes or errors in the offer, this will not bind UTCA Brews.
Article 5 – The agreement
1. The agreement is concluded when the consumer has accepted the offer and the corresponding conditions, subject to the provisions of paragraph 4 of these general terms and conditions.
2. The offer is accepted by the consumer electronically. The entrepreneur also confirms the acceptance of the offer electronically. Until receipt of the acceptance by the entrepreneur has been confirmed, the consumer has the option to dissolve the agreement.
3. Since the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures in connection with the security of the electronic transfer of data and he will also ensure a secure web environment. The entrepreneur also ensures appropriate security measures in connection with electronic payment by the consumer.
4. The entrepreneur provides the following information digitally to the consumer and does this at the latest upon delivery of the offered product.
a. the e-mail address of the entrepreneur where the consumer can go with complaints;
b. the conditions regarding the right of withdrawal and information about the way in which the consumer can make use of the right of withdrawal;
c. information about guarantees and existing service after purchase;
d. the price, including all taxes, of the product; if applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
e. if the consumer has a right of withdrawal, the model withdrawal form.
Article 6 – Right of withdrawal
1. When purchasing a product, the consumer has the option to terminate the agreement without giving reasons for 14 days. The reflection period starts on the day after the consumer or a third party designated by the consumer in advance has received the ordered product. If there are several shipments, the reflection period starts when the consumer has received the last shipment. The entrepreneur may ask the consumer about the reason for the withdrawal, but the consumer may not be obliged to state his reasons.
Article 7 – Obligations of the consumer during the reflection period
1. During the reflection period, the consumer will handle the delivered product and packaging with care. He will only unpack or use the product to the extent necessary to be able to assess whether he wishes to keep the product. The basic principle here is that the consumer may only hold and inspect the product as he could do in a store.
Article 8 – The costs in case of withdrawal by the consumer
1. If the consumer makes use of his right of withdrawal, he must report this to the entrepreneur within the cooling-off period by filling in the model withdrawal form or in another unambiguous manner.
2. As soon as possible, but in any case within 14 days from the day following the notification referred to in paragraph 1, the consumer will return the product or hand the product over to the entrepreneur.
3. The consumer returns the product with all accessories supplied and – if reasonably possible – in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
4. The burden of proof and the risk for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The costs associated with the return of the product will be borne by the consumer.
6. If the consumer exercises his right of withdrawal, all further additional agreements will be dissolved by operation of law.
Article 9 – Obligations of the entrepreneur in case of withdrawal
1. The entrepreneur sends a confirmation of receipt if the consumer has made an electronic notification of withdrawal.
2. The costs paid by the consumer for the product will be reimbursed by the entrepreneur to the consumer as soon as possible, but no later than 30 days after the return or cancellation.
3. For the reimbursement, the entrepreneur uses the same payment method that the consumer used, unless the consumer agrees or requests a different method. There are no costs for the consumer for the reimbursement.
4. If the consumer has chosen to use a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method to the consumer.
Article 10 – Exclusion of right of withdrawal
The entrepreneur has the option to exclude the following products from the right of withdrawal, but only if the entrepreneur has stated this clearly and in good time before concluding the agreement:
1. Products or services whose price is dependent on fluctuations in the financial market on which the entrepreneur has no influence and which may occur within the withdrawal period;
2. Products that spoil quickly or have a limited shelf life;
3. Sealed products that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery;
Article 11 – The price
1. The prices of the products offered will not be increased during the period of validity stated in the offer, with the exception of price changes due to changes in VAT rates.
2. Contrary to the first paragraph, the entrepreneur can offer products whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. If this is the case, this will be stated in the offer.
3. The stated prices of the products offered include VAT.
Article 12 – Agreement and Warranty Compliance
1. The entrepreneur ensures that the products comply with the agreement, the specifications as stated in the offer, the normal requirements of soundness and the legal provisions or government regulations existing on the date of the agreement.
2. An extra guarantee provided by the entrepreneur, supplier, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Article 13 – Supply and execution
1. The entrepreneur takes the greatest possible care when receiving orders and when executing orders for products.
2. The place of delivery is the address provided by the consumer to the entrepreneur.
3. With due observance of what has been written about this in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed and at the latest within 30 days, unless a different term has been agreed with the consumer. In the event that the delivery is delayed, or in the event that an order cannot be fulfilled or only partially fulfilled, the consumer will be informed about this. This happens within 30 days after the order has been placed by the consumer. In this case, the consumer has the right to terminate the agreement free of charge and there may be a right to compensation. UTCA Brews understands the following by prompt delivery: if the consumer places an order on working days before 4 pm., the order will be placed the next day. If an order is placed after 4 pm. or on a non-working day, shipment will take place on the next working day.
4. If, in accordance with the previous paragraph, there is a termination, the entrepreneur will ensure that the consumer is refunded the amount paid.
5. The risk of damage and / or loss of ordered products rests with the entrepreneur until the products have been delivered to the consumer or to a pre-appointed representative, if this has been made known to the entrepreneur.
Article 14 – Shipping
The order made by the Customer can either be picked up by the Customer at UTCA Brews, Hermannus Elconiusstraat 77 in Utrecht between 18:00 and 22:00 or the order will be delivered in Utrecht within 5 business days in consulation with the Customer. Unfortunately it is not possible to ship the products via postal services.
Article 15 – Duration transaction
1. The consumer can cancel an agreement that has been entered into for an indefinite period of time at any time. The agreed termination rules and a notice period of no more than one month must be observed.
2. The consumer can terminate a fixed-term contract at any time by the end of the agreed term. The agreed termination rules and a notice period of no more than one month must be observed.
Article 16 – Payment
1. Unless otherwise agreed, the amount owed by the consumer must be paid within 14 days after the cooling-off period has started, or within 14 days after the conclusion of the agreement, if there is no cooling-off period. When there is an agreement in connection with the provision of a service, the reflection period starts on the day following the day that the consumer has received the confirmation of the agreement.
2. When selling products to consumers, the consumer may never be obliged in the general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights with regard to the execution of the order in question before the stipulated advance payment has been made.
3. The consumer is obliged to report inaccuracies in provided or stated payment details to the entrepreneur immediately and of his own accord.
4. In the event of non-payment by the consumer, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance, taking into account the legal obligations.
Article 17 – Complaints procedure
1. UTCA Brews has a complaints procedure that is sufficiently publicized and is based on this complaints procedure when dealing with any complaints.
2. Complaints that the consumer has about the performance of the agreement must be submitted fully and clearly described in writing to UTCA Brews within a reasonable period of 14 days after the consumer has discovered the defects.
3. Complaints submitted to the entrepreneur must be answered by the entrepreneur within a reasonable period of 14 days, calculated from the date the complaint is received. If it is anticipated that the complaint will require a longer processing time, a confirmation of receipt will be sent by the entrepreneur within the period of 14 days, as well as an indication of when the consumer will receive a more detailed answer.
4. A dispute arises that is subject to the dispute settlement procedure if a complaint cannot be resolved by mutual agreement within a reasonable period of 14 days or within a maximum of three months after the complaint has been submitted.
Article 18 – Disputes
1. Only Dutch law applies to the agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 19 – Additional or different terms
If there are additional provisions or provisions that deviate from these general terms and conditions, this may not be to the detriment of the consumer. These additional or deviating provisions are recorded in such a way that they can be stored by the consumer.
Remember that local customs (can) charge additional tax fees. Check your local authority which charges can be applied. We cannot give you any information on this because this can change day by day. We are NOT responsible for any additional charges made. If you order alcoholic products as a private individual from another EU country, you arrange the transport yourself by using and consent of the shipping option(s) at checkout, you may also be liable to pay excise duties. As the distance buyer, you may be liable to pay excise duties on alcohol products and beverage containers.
Article 20 – Minimal age
The visitor of www.utcabrews.nl must enter his age by means of the ‘age check’ before he is admitted to the website. The minimum age for visiting the website, or for making purchases on the website, is 18 years. If an order is placed via www.utcabrews.nl, an account must first be created by the consumer. This account can be created with data such as an email address, date of birth and password. The consumer can easily log in to the website with this. When the order is delivered, the delivery person must check the age of the person to whom the order is being delivered. The delivery person will therefore ask for proof of identity. This age check of the recipient applies in any case up to the age of 25 years. Valid identification documents include national passports and European identity documents. If the age requirement is not met, the order will not be delivered. If the order could not be delivered because of failure to meet the age requirement, cancellation costs of € 10,00 will be charged.
Article 21 – Allergies
UTCA Brews lists ingredients to which the consumer may be allergic, such as nuts and lactose, as much as possible on the website in the description of the beer, cider or mead. UTCA Brews is not liable for allergic reactions that may follow when someone drinks a product purchased from UTCA Brews. The consumer always remains responsible and should read the label of the product carefully before drinking the product. Is the consumer in doubt? Then he can contact UTCA Brews via firstname.lastname@example.org or the brewery that made the product.
Article 22 – Privacy statement
Personal data that we process
UTCA Brews processes your personal data because you use our services and / or because you provide this information to us yourself. Below you will find an overview of the personal data that we process:
– First and last name
– Date of birth
– Address data
– Phone number
– E-mail address
– Other personal data that you actively provide to us (for example by creating a profile on our website, in correspondence and by telephone)
– Location data
– Information about your activities on our website
– Internet browser and device type
Special and / or sensitive personal data that we process
UTCA Brews does not intend to collect data about website visitors under the age of 16. Our visitors must be 18 years old and our products are not sold to visitors under the age of 18. The identity and age can be verified by a copy of a valid ID.
For what purpose and on what basis we process personal data
UTCA Brews processes your personal data for the following purposes:
– Handling your payment;
– Sending our newsletter;
– To be able to call or e-mail you if necessary to perform our services;
– To offer you the opportunity to create an account;
– To deliver goods and services to you.
Automated decision making
UTCA Brews does not make decisions based on automated processing on matters that can have (significant) consequences for people.
How long we keep personal data
UTCA Brews does not store your personal data longer than is strictly necessary to achieve the goals for which your data is collected. We use a retention period of seven years.
Sharing of personal data with third parties
UTCA Brews will not sell your information to third parties and will only provide it if this is necessary for the execution of our agreement with you or to comply with a legal obligation. We conclude a processor agreement with companies that process your data on our behalf to ensure the same level of security and confidentiality of your data. UTCA Brews remains responsible for these processing operations.
Cookies, or similar techniques, that we use
View, modify or delete data
You have the right to view, correct or delete your personal data. You also have the right to withdraw your consent to the data processing or to object to the processing of your personal data by UTCA Brews. You also have the right to data portability. This means that you can submit a request to us to send your personal data that we have in a computer file to you or another organization mentioned by you. You can send a request for access, correction, deletion, data transfer of your personal data or request for cancellation of your consent or objection to the processing of your personal data to email@example.com. To ensure that the request for access has been made by you, we ask you to send a copy of your ID with the request. Make your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen Service Number (BSN) black in this copy. This is to protect your privacy. We will respond to your request as soon as possible, but in any case within four weeks. We would like to point out that you have the option to file a complaint with the national supervisory authority, the Dutch Data Protection Authority. This can be done via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons (in Ducth).
How we secure personal data
UTCA Brews takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. If you feel that your data is not properly secured or if there are indications of abuse, please contact us at firstname.lastname@example.org.