Terms and Conditions
The website www.mdfwinefood.com is an initiative of Marco de Felice Italian Catering. On the website we are as precise and clear as possible about the conditions and agreements that apply when you order wine. We list everything for you in the general terms and conditions that you can read below.
Article 1 – In these conditions the following terms have the following meanings:
- Additional 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 provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Reflection period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Duration agreement: an agreement that extends to the regular delivery of goods, services and / or digital content during a certain period;
- Durable medium: any tool – including e-mail – that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose. for which the information is intended, and which allows unaltered reproduction of the stored information;
- Right of withdrawal: the option for the consumer to cancel the distance contract within the cooling-off period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and / or services to consumers from a distance;
- Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance sales of products, digital content and / or services, whereby exclusive or joint use is made up to and including the conclusion of the agreement. One or more techniques for distance communication;
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
- Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Identity of the entrepreneur:
Our company details are:
- Marco de Felice Italiaanse Catering
- Voorstraat 6a
- 2251 BN Voorschoten
- Mob. +31 (0)6 57 06 62 57
- BTW ID (VAT Num.): NL002246124B48
Article 3 – Applicability
- These general terms and conditions apply to every offer from the entrepreneur and to every distance contract that has been concluded between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge as soon as possible at the request of the consumer.
- If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting conditions, the consumer can always rely on the applicable provision that is most favorable to him.
Article 4 – Age criteria
Not 18? No alcohol. The legal age to purchase wine is at least 18 years old.
Article 5 – The offer
If an offer has a limited validity or is made subject to conditions, this will be explicitly stated in the offer. On the website mentioned above we inform you about which products and services Marco de Felice offers Italian Catering and how you can order something. We will also inform you about the price and what to do if you are not satisfied with your purchase. The offer on the websites is as complete and accurate as possible. The description is sufficiently detailed to enable the customer to properly assess the offer. If Marco de Felice Italian Catering uses images, they are a true representation of the products or services offered. Obvious mistakes or errors in the offer do not bind Marco de Felice Italian Catering.
Article 6 – The agreement
- Subject to the provisions of paragraph 5, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted the offer electronically, the entrepreneur will immediately 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 can dissolve the agreement.
- If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
- Within the legal frameworks, the entrepreneur can – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
- At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
– the visiting address of the business location of the entrepreneur where the consumer can go with complaints;
– the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal
– information about guarantees and existing service after purchase;
– the price, including all taxes on the product, service or digital content; insofar as applicable, the costs of delivery; and the method of payment, delivery or implementation of the distance contract;
– the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
– if the consumer has a right of withdrawal, the model withdrawal form.
In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Article 7 – Right of withdrawal
- The consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
- if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with different delivery times.
- if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or the last part
- The following are excluded from the right of withdrawal: – Wine that you do not like, while the product does meet the requirements that you can reasonably set. Broken or empty wine bottles and coupons.
Article 8 – Obligations of the consumer during the reflection period
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The basic principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
- The consumer is only liable for the depreciation of the product that is the result of a way of handling the product that goes beyond what is permitted in paragraph 1.
- The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him 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 makes use of his right of withdrawal, he must report this to 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 returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case complied with the return period if he returns the product before the cooling-off period has expired.
- The consumer returns the product with all accessories supplied, if reasonably possible in its 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 lies with the consumer.
- The consumer bears the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs for return.
- If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale in a limited volume or specific quantity commences during the reflection period, the consumer is the entrepreneur a amount due that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfillment of the obligation.
- The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:
- the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the cost reimbursement in the event of withdrawal or the model withdrawal form, or;
the consumer has not explicitly requested the start of the performance of the service or the supply of gas, water, electricity or district heating during the reflection period.
- The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
prior to delivery, he has not expressly agreed to commence compliance with the agreement before the end of the reflection period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his right of withdrawal, all additional agreements will be dissolved by operation of law.
Article 10 – Obligations of the entrepreneur in case of withdrawal
- If the entrepreneur makes the notification of withdrawal by the consumer electronically possible, he will immediately send a confirmation of receipt after receipt of this notification.
- The entrepreneur will reimburse all payments from 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 him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with paying back until he has received the product or until the consumer demonstrates that he has returned the product, whichever is the earlier.
- The entrepreneur uses the same payment method that the consumer has used 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 repay the additional costs for the more expensive method.
Article 11 – The price
- All prices stated on the websites include VAT. For shipments of wine in the Netherlands, Marco de Felice Italian Catering charges € 7.50 shipping costs (this price applies up to 6 bottles). The wine is then sent via courier service, so that it is delivered to your home quickly, safely and undamaged. If you want to order more bottles at once, that is of course possible.
- From 6 bottles, 2.99 shipping costs will be charged and from 12 bottles no shipping costs will be charged. There are also no shipping costs in Zwartsluis. When ordering within that municipality, the order will be delivered personally.
- Marco de Felice Italian Catering reserves the right to pass on price changes that take place between the order confirmation and its execution to the customer. Marco de Felice Italian Catering will share this price change with the consumer as soon as possible.
Article 12 – Compliance with the agreement and extra guarantee
- The entrepreneur guarantees 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 legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement if the entrepreneur has failed to fulfill his part of the agreement.
- An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfill his part of the agreement. .
Article 13 – Delivery and implementation
- The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
- The place of delivery is the address that the consumer has made known to the entrepreneur.
- With due observance of what is stated in article 5 of these general terms and conditions, the entrepreneur will execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
- After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.
- 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 14 – Payment
Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start 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 to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. When advance payment has been stipulated, the consumer cannot assert any rights whatsoever regarding the execution of the 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 customer fails in his obligation to pay, Marco de Felice Italian Catering can request the assistance of a third party to collect the outstanding invoice. If the consumer does not fulfill his payment obligation (s) on time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after if payment is not made within this 14-day period, the statutory interest is due on the amount due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from the aforementioned amounts in favor of the consumer
Article 15 – Complaints procedure and Disputes
- Marco de Felice Italian Catering does everything it can to provide you with the best possible service. You may not be satisfied with our products or services. In that case, please contact us. You can report your complaint to Marco de Felice Italian Catering via: email@example.com
- Complaints about the implementation of the agreement must be submitted no later than 14 days after the performance to be performed by Marco de Felice Italian Catering on the basis of the agreement. If the complaint cannot be resolved by mutual agreement, a dispute arises.
- Dutch law applies to all quotations and agreements between Marco de Felice Italian Catering and the customer.
- All disputes are exclusively submitted to the competent court in The Hague.
Article 16 – Liability
Marco de Felice Italian Catering is not liable for damage by the Marco de Felice Italian Catering products delivered and / or services provided on the part of the customer or a third party, unless there is intent on the part of Marco de Felice Italian Catering which directly causes the damage.
Marco de Felice Italian Catering is neither liable towards the customer nor towards third parties for damage to the clothing of the customer or third parties or other property of the customer or third parties unless this is caused by intent on the part of Marco de Felice Italian Catering resulting in such damage. directly caused. Marco de Felice Italian Catering is not liable for consequential damage.
Marco de Felice Italian Catering is neither liable towards the customer nor towards third parties for damage or injury to the customer or third parties unless the damage or injury was caused directly by intent on the part of Marco de Felice Italian Catering. The customer indemnifies Marco de Felice Italian Catering against all claims from third parties due to damage suffered by them caused by the services and / or products provided by Marco de Felice Italian Catering unless there is intent on the part of Marco de Felice Italian Catering
Marco de Felice Italian Catering cannot be held liable for compensation of costs, damage and interest if it has not been able to fulfill an obligation resting on it as a result of force majeure. Marco de Felice Italian Catering is in force majeure if it cannot, not timely or not properly fulfill due to causes not attributable to it, including in any case, but not limited to, the circumstances listed below: non and / or late delivery by suppliers, and other causes not attributable to Marco de Felice Italian Catering such as business stagnation, serious family circumstances, fire, leakage, theft, lack of raw materials, transport difficulties, government measures, extreme high water, state of war, threat of war, drought, earthquakes, floods, storm, sleet, snow and similar weather conditions. Marco de Felice Italian Catering is not liable for damages in those cases.
In case of force majeure, Marco de Felice Italian Catering reserves the right to deviate from the agreed conditions.
Article 17 – Copyright
The copyright and other industrial or intellectual property rights of products, concepts or images created by Marco de Felice Italian Catering remain the property of Marco de Felice Italian Catering.
Article 18 – Additional or deviating provisions
Additional provisions or provisions deviating 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 medium.
Latest update – april 2021 Voorschoten