Terms & Conditions
General Terms and Conditions of Otemba Sake
- The following general terms and conditions apply to the ordering and delivery of orders via the webshop (the “Webshop”) via otemba-sake.com (the ”Website”).
- These general terms and conditions also apply to customers acting in the exercise of a profession or business.
- The applicability of the buyer's general terms and conditions is expressly rejected.
- By placing an order you agree to these Terms and Conditions.
Intellectual Property Rights
All intellectual property rights relating to the website (otemba-sake.com), including those relating to the software, texts, images and sounds, etc. with Otemba Sake and/or from those from whom we have obtained a license. This means, among other things, that it is not permitted to disclose, reproduce and/or edit the information provided on the website without our permission, except for personal use.
When you visit the website, you must first enter your age (the so-called age check) before you are admitted to the website. If you place an order with us through the webshop, you must first create an account with an email address, date of birth and password, which you can use to log in easily from now on. The minimum age requirement (18 years old) must be met in order to utilise our services and purchase our products as we want to discourage minors from trying to place orders.
Promotions and Discounts
Promotions are applicable while stocks last and not in combination with other promotions.
Otemba Sake reserves the right to change promotional conditions in the interim and to terminate promotions prematurely.
Digital Marketing and Social Media
The content of Facebook, Instagram and emails is only intended for persons of 18 years and older. By liking the Facebook account, following the Instagram account or subscribing to the email newsletter, you confirm that you are 18 years or older. Nothing may be forwarded or otherwise made available to anyone under the age of 18.
Payment of your Order
You can pay for the online order via iDeal (direct payment via internet banking), Bancontact, or Credit Card (Visa, Mastercard, Maestro). You will receive the invoice for your order by email. For more information about iDeal, we would like to refer you to http://www.ideal.nl/consumenten/.
Our products are intended for end users and you are not intended to resell them. We therefore reserve the right not to deliver orders in case of doubt or to attach a maximum to the quantities to be ordered for certain items.
Although the Website has been created with the greatest care, it is possible that characteristics of products (price, appearance, allergen listing, product information, supplier information, alcohol percentage, volume) are not correctly displayed or depicted. In that case, the characteristics displayed on the packaging of the product itself apply and you cannot claim delivery on the basis of incorrectly displayed information. In addition, changes in price and/or range and printing errors in the digital leaflet are reserved.
The information on the Website is updated from time to time. If you find errors on the Website, we would very much appreciate that you report this to us via our Customer Service (020-2157711, firstname.lastname@example.org).
Amendment and Other Applicable Terms and Conditions
We can change these General Terms and Conditions. The changed conditions take effect as soon as you place a new order with us. You hereby indicate that you agree with the amended conditions.
Complaint Procedure or Questions
For questions, comments and/or complaints about orders and our services, please contact our Customer Service (020-2157711, email@example.com). Our Customer Service is available from 09:00 to 17:00 and will attempt, to their best ability, to ensure that your questions, comments and/or complaints are handled as well as possible.
Article 1 - Definitions
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 via a distance contract and these goods, digital content and/or services are provided by the Otemba Sake or by a third party on the basis of an agreement between that third party and the entrepreneur;
- Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
- Consumer: the natural person whose actions are not carried out for purposes related to the course of a trade, a profession, a craft, or a business;
- Day: calendar day;
- Digital content: data that is produced and supplied 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: every means - 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 waive the distance contract within the withdrawal period;
- Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers from a distance;
- Distance contract: a contract concluded between Otemba Sake and a consumer within the framework of system organised for the distance sale of products, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded.
- Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Otemba Sake is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
- Technology for distance communication: means that can be used for communication regarding the offer made by Otemba Sake and concluding a contract, without the necessity of the consumer and entrepreneur being in the same place at the same time;
Article 2 - Identity of the Entrepreneur
Business name: Otemba Sake
BTW identification number: NL862127907B01
Telephone number: +31 202157711
Article 3 - Applicability
- These general conditions are applicable to every offer of the entrepreneur within every agreement established between the consumer and the entrepreneur.
- These general conditions are made available to every consumer before the closing of any distance agreement. Should this prove impossible, the entrepreneur will notify the consumer of any further procedures to make these general conditions available as soon as possible without any additional costs to said consumer.
- If the distance contract is concluded electronically, notwithstanding 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 the consumer can 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 consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
- In case of additional and specific product or service conditions – besides those already stipulated in these general conditions – the second and third previously stated paragraphs are still viable; in the event of conflicting condition, the consumer can invoke the applicable conditions that is most appropriate to him or her.
Article 4 – The offer
- If an offer is limited to a period of time, or is subject to conditions, this shall be explicitly stated in the offer.
- The offer shall contain a complete and accurate description of the offered products, digital content and/or services. The description shall be sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses illustrative images, these shall be a true representation of the products, services and/or digital content offered. Obvious mistakes and/or errors do not subject the entrepreneur/owner to (legal) claims.
- Each offer contains information which makes clear to the consumer what rights and obligations are attached to the acceptance of an offer from the entrepreneur/owner.
Article 5 – The agreement
- The agreement is viable – in context of the conditions agreed upon in Article 4 – when the consumer accepts the offer and meets the corresponding conditions.
- If the consumer has accepted an offer electronically, the entrepreneur shall immediately confirm the receipt of the acceptance electronically. As long as the receipt of this acceptance is not confirmed, the consumer has the right to dissolve the agreement.
- If the agreements is concluded electronically, the entrepreneur shall take all technical and organisational precautions to safeguard the electronic transmission of data; the entrepreneur shall ensure a safe web environment. If the consumer has the possibility to pay electronically, the entrepreneur shall consider all necessary safety measures.
- The entrepreneur can inform himself (within legal frameworks) whether the consumer can meet his or her payment obligations as well as inform about facts and factors that are important for a responsible closing of a distance contract. If, on the grounds of this investigation, the entrepreneur/owner has viable reasons to not enter into the agreement, he is entitled to refuse an order or request, stating reasons, or attach special conditions additional to the stipulated general conditions.
- The entrepreneur shall provide the following information, in writing or in a way that it is easily stored on a durable medium at the latest when the delivery of the product, service or digital content is made:
- the visiting address of the entrepreneur's establishment where the consumer can file a complaint;
- the conditions, and the manner in which the consumer can make use of their right of withdrawal or a clear statement regarding the exclusion of the right of withdrawal;
- information about guarantee(s) and existing after-sales service(s);
- the price including all taxes on the product, services and/or digital content, in so far applicable, delivery costs; the method of payment, delivery or implementation of the distance contract;
- the requirements for terminating an existing agreement if the agreement has a duration of more than one year or is indefinite;
- if the consumer has the right of withdrawal, the model withdrawal form.
- In the event of an extended transaction, the provisions in the previous paragraph apply only to the first deliver of goods, services and/or digital content.
Article 6 - Right of withdrawal
- The consumer can terminate an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 1 commences 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 multiple 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, if he has clearly informed the consumer about this prior to the ordering process, refuse an order for several products with a different delivery time.
- 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, has received the last shipment or the last part;
- for contracts for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.
For services and digital content that is not supplied on a tangible medium:
- The consumer can terminate a service agreement and an agreement for the supply of digital content that has not been delivered on a tangible medium for at least 14 days without giving any reason. The entrepreneur may ask the consumer about the reason for withdrawal, but not oblige him to state his reason (s).
- The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a tangible medium if you do not 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 reflection period ends twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
- If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the effective date of the original reflection period, the reflection period expires 14 days after the day on which the consumer received that information.
Article 7 - 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 functioning of the product. The basic principle here is that the consumer may only handle and inspect the product as he should in a shop.
- The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes further than allowed in paragraph 1.
- The consumer is not liable for any diminished value 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 8 – Exercising the right of withdrawal by the consumer and the costs thereof
- If the consumer wishes to use the right of withdrawal, he or she shall do so within the withdrawal period by using the model withdrawal form or through another unequivocal form to the entrepreneur.
- The consumer shall return the product as soon as possible and well within the 14 days of the withdrawal period following the notification referred to in paragraph 1. The consumer will return the product or hand it over to (an authorised representative of) the entrepreneur/owner. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer shall, in any case, be aware of the withdrawal period should he or she choose to return the product.
- The consumer shall return the product with all its corresponding accessories – which have been supplied by the entrepreneur/owner. If reasonably possible, the product shall return in the original condition and packaging, and in accordance with the reasonable and clear instruction provided by the entrepreneur/owner.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
- The consumer shall bear the direct costs of returning the product. In case the entrepreneur has not reported such cost responsibility to the consumer or if the entrepreneur indicates to bear the costs himself, the consumer does not have to bear with the returning costs.
- Should the consumer withdraw after requesting the provision of the service or the supply of gas, water or electricity – in a limited volume or specific quantity – that are not explicitly included in the offering, the consumer shall give the entrepreneur an amount that is proportional to that part of the obligation that was fulfilled by the entrepreneur at the time of withdrawal, compared to the full fulfilment of the agreed upon obligations.
- The consumer shall not bear any costs for the performance of the services or the supply of water, gas or electricity – in a limited volume or quantity – which are not included in the services, if:
- The entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs or the model withdrawal form;
- The consumer has not explicitly requested the commencement of the additional services or the supply of gas, water, electricity or district heating during the withdrawal period.
- The consumer does not bear any costs for the full or partial delivery of digital content which is not supplied on a tangible medium if:
- Prior to delivery, he or she has not explicitly agreed to commence the agreement before the end of the withdrawal period;
- The consumer has not acknowledged that he or she loses his/her right of withdrawal when giving his consent;
- The entrepreneur has failed to confirm this statement from the consumer.
- If the consumer makes use of his or her right of withdrawal, all additional agreements will be terminated by operation of law.
Article 9 – Obligations of the entrepreneur/owner in case of withdrawal
- If the entrepreneur has made it possible for the consumer to use his or her right of withdrawal online, he/she shall, upon receiving the request of withdrawal, immediately send a confirmation receipt to acknowledge said withdrawal.
- The entrepreneur shall reimburse all the consumer’s payments, including delivery costs charged by the entrepreneur for the returned product, without delay, but well within 14 days following the day on which the consumer reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he or she may wait with the repayment until the product has been officially returned or until the consumer demonstrates that he has returned the product, whichever is earlier.
- The entrepreneur shall use the same method of payment that the consumer has utilised unless the consumer agrees upon another method of payment. The repayment is free of any costs for the consumer.
- Should the consumer choose for a more expensive method of payment than the standard delivery, the entrepreneur is exempt of paying the additional costs incurred due to this more expensive method of delivery.
Article 10 - Exclusion of right of withdrawal
The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in time for 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 can occur within the withdrawal period;
- Agreements concluded during a public auction. A public auction means a sales method in which products, digital content and / or services are offered by the entrepreneur to the consumer who is personally present or who is given the opportunity to be personally present at the auction, under the supervision of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and / or services;
- Products manufactured according to consumer 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;
- Service contracts, after full performance of the service, but only if:
- execution has begun with the express prior consent of the consumer; and
- the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Article 11 – The price
- During the period of validity as stated in the offer, the prices of the products and/or services will not be increased with the exception of price changes due to changes in VAT rates.
- Contrary to the previous paragraph, the entrepreneur can offer products or services of which the prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence regarding the variable prices. If this is the case, the following shall always be stated in the offer: the link to fluctuations in the financial market, and the fact that any stated prices are target prices.
- Price increases within 3 months after the closing of the agreement are only permitted as a result of statutory regulations or provisions.
- Price increases from 3 months after the closing of the agreement are only permitted if the entrepreneur/owner has stipulated this and:
- they are the result of statutory regulations or provisions;
- the consumer is authorised to terminate the agreement effective immediately from the day on which the price increase takes effect.
- The prices stated in the offer of products or services include VAT.
Article 12 – Fulfilment of agreement and additional warranty
- 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 statutory requirements existing on the date of closing of the agreement. If agreed, the entrepreneur shall also guarantee that the product is suitable for other than normal use.
- An additional warranty provided by the entrepreneur, his or her supplier, manufacturer or importer never limits the statutory rights and claims that the consumer can assert against the entrepreneur should the entrepreneur fail to fulfil his part of the agreement or contract.
- An additional warranty is understood as any obligation of the entrepreneur, his or her supplier, manufacturer or importer in which he or she grants the consumer certain rights that extend beyond what is legally required in the event that he or she has failed to fulfil his or her part of the agreement.
Article 13 – Delivery and execution
- The entrepreneur will take 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 the address that the consumer has made known to the entrepreneur.
- With consideration of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders expeditiously, but at the latest within 30 days unless a different delivery period has been agreed upon. If delivery is delayed or if an order cannot or only partially be executed, the consumer shall be notified no later than 30 days after placing the order. In said case, the consumer has the right to dissolve the contract without costs and has the right to compensation.
- After the dissolution of the agreement as accorded in the previous paragraph, the entrepreneur shall immediately refund the amount that the consumer has paid.
- The risk of damage and/or loss of products lies with the entrepreneur until the products or service is delivered to the consumer or a pre-designated and representative of the consumer unless explicitly agreed otherwise.
Article 14 – Duration transactions: duration, cancellation and extension
- The consumer can terminate an agreement that has been concluded for an indefinite period and which extends to the regular delivery of products (including electricity) or services, within the premises of the agreed cancelation rules and a notice period of no more than one month.
- The consumer can terminate a contract that has been concluded for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, within the premises of the agreed cancelation rules and notice period of no more than one month.
- The consumer can as previously mentioned in the previous paragraphs:
- cancel at any time and not be limited to specific time or period cancelations;
- at least cancel in the same way as they have been approached;
- always cancel within the same notice period as the entrepreneur has stipulated for him/herself.
- A contract which has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically, and without notice be extended or renewed for a fixed period.
- Contrary to the previous paragraph, a contract that has been agreed upon by both parties for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be automatically extended for a maximum period of three months if the consumer has the option to terminate the agreement by the end of the extension with a notice period of no more than one month.
- An agreement for a definite period which has been agreed upon by both parties and extends to the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period can be extended to a maximum of three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
- An agreement which has limited duration as to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not automatically renewed and shall be automatically discontinued after the trial or introductory period.
- If an agreement has a duration of more than one year, the consumer may terminate the agreement – after the one year duration of the contract – at any time with a notice period of no more than one month unless it is reasonable and fair to cancel the agreement before the end of the duration.
Article 15 – Payment
- Otemba Sake delivers products only with direct payment via the webshop.
- Unless otherwise indicated in the agreement or additional conditions, the amount owed by the consumer must be paid within 14 days after the start of the withdrawal period or in the absence of a withdrawal period, within 14 days after the closing of the agreement. In case of an agreement to provide service, this period commences on the day after the consumer has received the confirmation of the agreement.
- The consumer has the duty to immediately report inaccuracies in payment details provided or stated by the entrepreneur.
- If the consumer does not meet his or her obligation(s) in time, the entrepreneur/owner shall notify the consumer of their late payment; give the consumer a period of 14 days to meet his or her payment obligations. If by this time the consumer has not met his or her payment obligations, statutory interest is due on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by the entrepreneur/owner. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2500; 10% over the next €2500, and 5% over the next €5000 with a minimum of €40. The entrepreneur/owner can deviate from the above mentioned from the previously mentioned amounts and percentages for the benefit of the consumer.
Article 16 – Procedure of complaints
- The entrepreneur has a sufficiently known procedure regarding complaints and handles complaints in accordance with this procedure.
- Complaints about the execution of an agreement must be submitted with a full and clear description to the entrepreneur within a reasonable time after the consumer has discovered certain defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date on which the complaint was received. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the period of 14 days with a notice of receipt and an indication as to when the consumer can expect a more detailed answer.
- If the complaint cannot be solved by mutual agreement within a reasonable time period or within 3 months after the complaint has been submitted, a dispute will be set in place that is subject to the dispute settlement procedure.
Article 17 – Disputes
- Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Article 18 – Additional or different stipulations
- Additional 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 medium.
Appendix I: Model withdrawal form
Model withdrawal form
(only complete and return this form if you want to withdraw from the contract)
To: Otemba Sake
I hereby inform you that I am revoking our agreement regarding the following*;
the delivery of the following digital content: [digital content description] *
the provision of the following service: [designation of service] *
Ordered on * / received on * [order date with services or receipt with products] -
[Consumer(s) address] -
[Consumer(s) signature] (only if this form is submitted on paper)
*Cross out what does not apply or fill in what applies.