Terms and Conditions

WINE WITH MARGARET

Article 1 Definitions

Wine with Margaret, established in the Netherlands, Castricum, Chamber of Commerce number: 87383969, is referred to in these general terms and conditions as Wine with Margaret.
The counterparty is referred to in these general terms and conditions as the client.
The agreement refers to the contract under which Wine with Margaret performs services for the client in exchange for payment and to which these general terms and conditions have been declared applicable.

Article 2 Applicability of General Terms and Conditions

These terms and conditions apply to all quotations, invoices, services, agreements, and the provision of products or services by or on behalf of Wine with Margaret, where these terms and conditions have been declared applicable, unless expressly and in writing agreed otherwise.
These terms and conditions also apply to the actions of third parties engaged by Wine with Margaret in the context of the assignment.
The most recently sent version of these general terms and conditions always applies.
The applicability of the client's general terms and conditions is expressly rejected.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of these general terms and conditions shall remain fully applicable.

Article 3 Offer

If no acceptance period is specified in the quotation, the quotation expires after 7 calendar days.
Wine with Margaret cannot be held to its offer if the client could reasonably understand that the quotation, or any part thereof, contains an obvious mistake or clerical error.
An offer does not automatically apply to subsequent assignments.
An order from the web shop remains in the shopping cart without payment for a maximum of 10 days. Prices and stock are subject to change until a product has been paid for.

Article 4 Rates and Payments

The agreement is entered into for a fixed period unless the nature of the agreement dictates otherwise or if the parties explicitly agree otherwise in writing.
The quotation states the package price of the selected service or product, excluding shipping costs, or the estimated number of required hours at Wine with Margaret’s standard hourly rate. Any additional costs, such as travel expenses, are also specified.
If no fixed price has been agreed upon, the rate may be determined based on the actual hours spent. The quotation will provide an estimate of the required hours, based on experience with similar projects. No rights can be derived from this estimate. If additional effort is required, the customer will be informed in a timely manner. The final invoice amount will be calculated based on the actual hours worked, according to Wine with Margaret’s standard hourly rates.
Wine with Margaret is entitled to request an advance payment. She has the right to suspend work until the (next) payment has been received.
The rates agreed upon at the time of entering into the agreement arebased on the prevailing price level at that moment. Wine with Margaretreserves the right to adjust fees whenever changing circumstancesrequire it. Adjusted rates will be communicated to the customer as soonas possible. A private customer has the right to terminate the agreement as of the date of the price increase if this increase occurs within three months of entering into the agreement.
If necessary, the customer will receive an additional invoice for previously unbilled extra work resulting from changed requirements or circumstances. Extra work will becommunicated to the customer in a timely manner, will only be carried out after mutual agreement, and will be charged based on Wine with Margaret’s standard hourly rate.
Invoices must be paid within 14 calendar days from the invoice date, unless the parties have agreed otherwise in writing or a different payment term is stated on the invoice.
If the customer fails to make a timely payment, they are legally in default and owestatutory interest. Interest on the due amount will be calculated from the moment thecustomer is in default until full payment of the outstanding amount is made.
If the customer is in default or breach of their obligations, all reasonable extrajudicialcosts incurred to obtain payment shall be borne by the customer.
In the event of liquidation, bankruptcy, seizure, or suspension of payment of thecustomer, Wine with Margaret's claims against the customer become immediately due and any granted licenses will be revoked.

Article 5 Provision of Information by the Customer

The customer shall make all information relevant to the execution of the assignment available to Wine with Margaret in a timely manner.
The customer guarantees the accuracy, completeness, and reliability of the provided information, including information obtained from third parties. Wine with Margaret will treat this information confidentially.
The customer indemnifies Wine with Margaret against any damage resulting from non-compliance with the provisions set out in the first paragraph of this article.
If the customer fails to provide the required information, or does not provide it in a timely manner, and this causes delays in the execution of the assignment, any resulting additional costs shall be borne by the customer.

Article 6 Execution of the Agreement

Wine with Margaret shall execute the assignment to the best of her knowledge and ability. However, she is not liable for failing to achieve the result intended by the customer.
Since some of Wine with Margaret’s services are provided online, she cannot guarantee that her services will be accessible at all times and in all locations.
Wine with Margaret is authorized to engage third parties in the execution of the agreement.
Minors, individuals under the age of 18, are not allowed to purchase alcoholic products without the consent of a legal parent or guardian.
To improve Wine with Margaret’s services and provide potential customers with a better understanding of quality, we may send a request to leave a review after completion of an assignment. These reviews may be published on our website or other platforms. By using our services, you agree to receive such a request and the possible publication of your review. We assure you that all personal information will be treated confidentially and that reviews will be displayed respectfully.

Article 7 Modification of the Agreement

If, during the execution of the assignment, it becomes apparent that it is necessary to modify or supplement the work to be performed, the parties shall promptly and in consultation adjust the agreement.
If the parties agree to modify or supplement the agreement, this may affect the completion date. Wine with Margaret will inform the customer as soon as possible.
Wine with Margaret is entitled to terminate the agreement if new facts or circumstances arise that disrupt the relationship of trust. In such a case, she is not liable for compensation.
If unforeseen circumstances arise that prevent Wine with Margaret from carrying out the assignment, she may postpone or reschedule the agreement. Unforeseen circumstances include illness and issues related to materials necessary for the proper execution of the agreement.
If she is unable to carry out the assignment, she will make an effort to reschedule the work. If this is not possible, she will arrange for a replacement. If no suitable solution can be found, the customer has the right to terminate the agreement.
Cancellation of an agreement by the customer is only possible in writing. The customer may cancel free of charge within 14 calendar days of entering into the agreement, unless the work has already been carried out within these 14 days or the agreement is made on a B2B basis.
Outside the statutory cooling-off period for private customers, the following cancellation conditions apply to marketing and content work:
1. Cancellation between 4 calendar weeks and 1 calendar week before the start results in an obligation to pay 50% of the quoted amount.
2. Cancellation within 7 calendar days before the start, or if the work has already begun, results in an obligation to pay 75% of the amount.
For an offline wine course or tasting, the following conditions apply: The customer is allowed to transfer the participation ticket to another person, provided the new participant meets the same participation conditions and their details are provided to Wine with Margaret in a timely manner. If the customer is unable to attend one of the course days, the course materials will be sent afterward, and the customer may send a replacement participant.
A minimum number of participants is required for an offline wine course or tasting. If this number is not met, Wine with Margaret is entitled to cancel a session. The customer may register for a future session at no extra cost or terminate the agreement with a refund of the amount already paid.
If circumstances beyond Wine with Margaret’s reasonable control make it impossible to hold an offline wine course or tasting, she is entitled to conduct the course online. This does not entitle the customer to a refund.
It is not possible to cancel an only ne wine tasting free of charge after purchase. If the customer is unable to attend, Wine with Margaret will provide a recording that the customer can watch at a later time. If fewer participants can attend than originally agreed, no reimbursement of the paid amount is possible. However, the customer may replace an absent participant with another person.
It is not possible to exchange, or return purchased digital products. By ordering and paying for digital products from the webshop, the customer immediately gains access to their purchase. The customer expressly agrees that by doing so, theywaive the right to a cooling-off period and the right to withdraw from theagreement.
For the cancellation of physical products, reference is made to thearticles regarding the right of withdrawal.

Article 8 Online Content

Upon acceptance of the offer, the participant immediately incurs a payment obligation.
The participant gains access to the online content after purchase. The content is excluded from the right of withdrawal, meaning the participant is not entitled to cancel the purchase for a refund. If the content is provided in parts, the amount will be proportionally adjusted in the event of mid-term cancellation, unless the agreement is made on a B2B basis.
Wine with Margaret reserves the right to increase or decrease the prices of the offer, the latter being for promotional purposes.
Wine with Margaret has a best-efforts obligation but is not responsible for the participant achieving their desired results. The participant is solely responsible for applying and implementing the knowledge gained during the agreement.
Wine with Margaret reserves the right to refuse participation.
Wine with Margaret has the right to modify the content. This does not entitle the participant to a refund of the amount already paid.
The participant receives a limited and personal right to use the content for personal purposes. The content is intended for inspiration and may not be copied. It is therefore not permitted to create a similar offer within 12 months of completing the agreement.
The provided information remains the property of Wine with Margaret.
Wine with Margaret may exclude participants who, through their behaviour, disrupt or hinder the agreement. This does not entitle the participant to a refund of the amount already paid.
These provisions apply not only to online courses but also to exam training and other digital products offered by Wine with Margaret.

Article 9 Force Majeure

In the event of force majeure, the parties may suspend or reschedule the agreement. Force majeure includes, but is not limited to, circumstances that temporarily or permanently prevent the execution of the agreement and are beyond the reasonable control of the parties. Examples include illness, accidents, fire, a pandemic, or government measures.
In the case of a B2C agreement, the client cannot be obligated to reschedule the agreement. The obligations arising from the agreement will be suspended as long as the parties are unable to fulfil them. If this situation occurs, the parties will seek a solution together. If the situation persists without a suitable solution, the parties have the right to terminate the agreement without reversal of actions. The costs incurred and hours worked up to that point will become payable.
In the case of a B2B agreement, the parties are required to reschedule the services. The payment obligation remains in effect unless otherwise agreed.
If the client wishes to reschedule the agreement due to a pandemic, but government measures do not make the continuation of the agreement impossible, even in an adapted form, Wine with Margaret is entitled to charge the costs associated with rescheduling.

Article 10 Liability for Damages

Wine with Margaret is not liable for any damages resulting from this agreement unless the damage was caused intentionally or due to gross negligence.
Wine with Margaret is not liable for damages arising from reliance on incorrect or incomplete information provided by or on behalf of the client.
The client is ultimately responsible for checking the quality of the delivered content and products.
The client remains solely responsible for applying or executing any knowledge or actions gained during an agreement.
The client is also responsible for their actions after attending a course or tasting session and consuming the associated beverages. Wine with Margaret makes every effort to sell only to adults or those with appropriate parental or guardian consent. If a parent or guardian believes that products or services have been provided to minors without consent, immediate contact should be made.
Content management must be fully transferred to Wine with Margaret when an agreement has been made for this purpose. Wine with Margaret is not liable for any consequences of modifications made by third parties or the client.
If Wine with Margaret is liable for damages resulting in direct losses, the compensation will not exceed the amount paid out by the liability insurance or, if no payout is made, the amount charged to the client by Wine with Margaret, unless reasonableness and fairness dictate otherwise.
The client indemnifies Wine with Margaret against all third-party claims related to the services and content provided by Wine with Margaret.

Article 11 Intellectual Property

The intellectual property rights to the materials and content provided by Wine with Margaret to the client belong to Wine with Margaret. The client is expressly not permitted to reproduce, publish, or make the material and provided documentation available to third parties without prior consent.
The client is granted an unlimited publication right for the use of copyrighted works created by Wine with Margaret for the client after full payment. The client is not entitled to use the delivered material for purposes other than those agreed upon. Delivered content may also not be used by third parties.
Delivered texts may only be published under the client’s name and not under the names of third parties.
The client is not permitted to edit or modify the delivered material and content without prior consent.
Any action that violates the provisions of this article is considered an infringement of copyright.
In case of infringement, Wine with Margaret is entitled to compensation amounting to at least three times the standard license fee that it usually applies for such use, without losing any right to claim additional damages.
Wine with Margaret remains the owner of the content unless otherwise stated. The client only obtains a right of use.
By entering into the agreement, the client grants Wine with Margaret permission to use visual material for its portfolio, advertisements, social media, magazine articles, printed materials, trade fair materials, and demonstration materials. If personal data is visible in this material, a consent form will be used.
The ownership of physical products is transferred to the client only afterfull payment.

Article 12 Special Provisions

Both parties are required to maintain the confidentiality of all confidential information obtained in the context of their agreement.

Article 13 Special Provisions for Personal Texts

In the case of a personal text written by Wine with Margaret, including but not limited to columns, the name of Wine with Margaret must always be mentioned.
Wine with Margaret is entitled to review a personal text before publication at all times.
Articles and visual material on Wine with Margaret are the property of Wine with Margaret and may not be reproduced without permission, unless explicitly stated otherwise.

Article 14 Right of Withdrawal for Webshop

The client has a 14-calendar-day cooling-off period to cancel a physical purchase from the webshop. Wine with Margaret has the right to ask the client for the reason for withdrawal, but the client is not obliged to provide one.
The cooling-off period from the previous clause starts the day after the client receives the product or the last part of their order.
The right of withdrawal does not apply to online products that provide immediate access, the delivery of alcoholic beverages whose price was agreed upon at the time of purchase but can only be delivered after thirty days, and whose actual value depends on market fluctuations beyond the seller’s control, as well as business-to-business purchases.

Article 15 Obligations Upon Withdrawal

During the cooling-off period, the client must handle the product and packaging with care. The product may only be inspected in the same manner as would be allowed in a physical store.
Any depreciation of the product due to handling that violates clause 1 is the responsibility of the client.
Wine with Margaret will send a confirmation of receipt after receiving the withdrawal notice from the client.
Wine with Margaret will refund the client’s payments within 14 days after the client has communicated their withdrawal.

Article 16 Exercising the Right of Withdrawal

The client must notify Wine with Margaret in writing via the withdrawal form within the cooling-off period if they wish to exercise their right of withdrawal.
Within 14 days of the notification mentioned in clause 1, the client must return the product, if reasonably possible, in its original state and packaging.
The burden of proof for the correct and timely exercise of the right of withdrawal lies with the client.
The costs of returning the product are the responsibility of the client.

Article 17 Delivery

Wine with Margaret will make every effort to deliver the requested content as soon as possible. The delivery period stated in the quotation must be observed unless otherwise agreed upon by the parties.
Content is delivered digitally unless otherwise agreed. A maximum of one revision is included after the initial delivery. Additional changes or multiple revisions may result in additional costs.
Content and products from the webshop will be shipped to the delivery address provided by the client. Wine with Margaret is not liable for errors in this information.
If the delivery of webshop products is delayed, the client will be informed as soon as possible. If the delivery takes longer than 30 calendar days, the client has the right to cancel the agreement at no cost.
Wine with Margaret only delivers within the Netherlands and Belgium.
Orders placed on working days before 5:00 PM will be shipped the same day, unless otherwise stated.

Article 18 Complaints

Wine with Margaret will always comply with the statutory warranty provisions. To claim the warranty, the client must provide proof of purchase.
The client is required to submit complaints regarding quotations, invoices, and/or the delivered services and content as soon as possible, but no later than 14 calendar days after the complaint arises, in writing and with justification, to Wine with Margaret.
If a defect or desired addition is reported later or if a revision has already been carried out, further revisions will be processed based on Wine with Margaret’s hourly rate.
Since February 15, 2016, clients in the EU have been able to submit complaints about physical purchases from the webshop via the European Commission’s ODR platform. This platform can be found at http://ec.europa.eu/odr. If the complaint has not yet been handled elsewhere, the client is free to file the complaint via the European Union platform.
Submitting a complaint does not suspend the payment obligation.

Article 19 Dispute Resolution

These general terms and conditions are governed by Dutch law.
The parties will only seek judicial intervention after making every effort to resolve the dispute through mutual consultation.
All disputes will be settled by the competent court in the district where Wine with Margaret is established, unless a statutory obligation dictates otherwise.
Contrary to statutory limitation periods, the limitation period for all claims and defences against Wine with Margaret and involved third parties is 12 months.