GENERAL TERMS AND CONDITIONS
Concept Spirits BV
1. Concept Spirits BV : Pure Iceberg , established in Doorn, Chamber of Commerce no. 27327423
2. Customer: the person with whom Concept Spirits BV has entered into an agreement.
3. Parties: Concept Spirits BV and customer together.
4. Consumer: a customer who is an individual acting for private purposes.
1. These terms and conditions will apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on
behalf of Concept Spirits BV
2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third
1. All prices used by Concept Spirits BV are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs.
levies and travel-, shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
2. Concept Spirits BV is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
3. Increases in the cost prices of products or parts thereof, which Concept Spirits BV could not foresee at the time of making an offer or the
conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the
result of statutory regulation.
If the customer has received a sample or model of a product, he cannot derive any rights from this other than that it is an indication of the
nature of the product, unless the parties have explicitly agreed that the products be supplied conform to the sample or model.
Payments and payment term
1. Concept Spirits BV may, at the conclusion of the agreement, require a down payment of up to 50% of the agreed amount.
2. The customer must have paid the full amount within 7 days after delivery of the product.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount the latest on the
last day of the payment term, he is legally in default, without Concept Spirits BV having to send the customer a reminder or to put him in
4. Concept Spirits BV reserves the right to make a delivery conditional upon immediate payment or to require adequate security for the
total amount of the services or products.
Consequences of late payment
1. If the customer does not pay within the agreed term, Concept Spirits BV is entitled to charge an interest of 1% per month from the day
the customer is in default, whereby a part of a month is counted for a whole month.
2. When the customer is in default he is also due to extrajudicial collection costs and may be obliged to pay any compensation to
Concept Spirits BV
3. The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
4. If the customer does not pay on time, Concept Spirits BV may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Concept Spirits BV
on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the performance of the agreement by Concept Spirits BV, he is still obliged to pay the agreed
price to Concept Spirits BV
Right of recovery of goods
1. As soon as the customer is in default, Concept Spirits BV is entitled to invoke the right of recovery with regard to the unpaid products
delivered to the customer.
2. Concept Spirits BV invokes the right of recovery by means of a written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned
to Concept Spirits BV, unless the parties agree to make other arrangements about this.
4. The costs for the collection or return of the products are at the expense of the customer.
Right of cancellation
1. A consumer may cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that
• the product has not been used
• it is not a product that can spoil quickly, like food or flowers
• the product is not specially tailored for the consumer or adapted to its special needs
• it is not a product that may not be returned for hygienic reasons (underwear, swimwear, etc.)
• the seal is still intact, when the product is a data carrier with digital content (DVDs, CDs, etc.)
• the product is not a holiday)trip, a transportation ticket, a catering order or a form of leisure activity,
• the product is not a separate magazine or a loose newspaper
• the purchase does not concern an (assignment to) urgent repair
• the consumer has not renounced his right of cancellation
2. The reflection period of 14 days as referred to in paragraph 1 commences:
on the day after the consumer has received the last product or part of 1 order
as soon as the consumer has received the first the product of a subscription
o as soon as the consumer has purchased a service for the first time
as soon as the consumer has confirmed the purchase of digital content via the internet
3. The consumer can notify his right of cancellation via firstname.lastname@example.org , if desired by using the withdrawal form that can be
downloaded via the website of Concept Spirits BV, https://www.pure-iceberg.com.
4. The consumer is obliged to return the product to Concept Spirits BV within 14 days after the notification of his right of cancellation,
after which period his right of cancellation will lapse.
5. The costs for return are due Concept Spirits BV if the complete order is returned.
6. If the purchase costs and any other costs (such as shipping and return costs) are eligible for reimbursement according to the law,
Concept Spirits BV will refund these costs to the consumer within 14 days of receipt of the timely appeal to the right of withdrawal.
provided that the consumer has returned the product to Concept Spirits BV in time.
Suspension of obligations by the customer
The customer waives the right to suspend the fulfillment of any obligation arising from this agreement.
Right of retention
1. Concept Spirits BV can appeal to his right of retention of title and in that case retain the products sold by Concept Spirits BV to the
customer until the customer has paid all outstanding invoices with regard to Concept Spirits BV, unless the customer has provided
sufficient security for these payments.
2. The right of retention of title also applies on the basis of previous agreements from which the customer still owes payments to
Concept Spirits BV
3. Concept Spirits BV is never liable for any damage that the customer may suffer as a result of using his right of retention of title.
The customer waives his right to settle any debt to Concept Spirits BV with any claim on Concept Spirits BV .
Retention of title
1. Concept Spirits BV remains the owner of all delivered products until the customer has fully complied with all its payment obligations
with regard to Concept Spirits BV under whatever agreement with Concept Spirits BV including of claims regarding the shortcomings
in the performance
2. Until then. Concept Spirits BV can invoke its retention of title and take back the goods.
3. Before the property is transferred to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If Concept Spirits BV invokes its retention of title, the agreement will be dissolved and Concept Spirits BV has the right to claim
compensation, lost profits and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at Concept Spirits BV unless the parties have agreed upon otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed price is not paid on time, Concept Spirits BV has the right to suspend its obligations until the agreed price is fully paid.
5. In the event of late payment, the customer is automatically in default, and hereby he cannot object to late delivery by Concept Spirits BV
1. Any delivery period specified by Concept Spirits BV is indicative and does not give the customer the right to dissolution or
compensation if this period is not met with unless the parties have expressly agreed otherwise in writing.
2. The delivery starts once the customer has fully completed the electronic) ordering process and received an electronic) confirmation of his
order from Concept Spirits BV
3. Exceeding the specified delivery period does not entitle the customer to compensation or the right to terminate the contract, unless
Concept Spirits BV cannot deliver within [number of days late] or if the parties have agreed upon otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place in time.
Transport costs are on behalf of the customer, unless the parties have agreed upon otherwise.
Packaging and shipping
1. If the package of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person
before receiving the product. In the absence of which Concept Spirits BV may not be held liable for any damage.
2. If the customer himself takes care of the transport of a product, he must report any visible damage to products or the packaging prior to the
transport to Concept Spirits BV, failing which Concept Spirits BV cannot be held liable for any damage.
1. If the customer orders products later than the agreed delivery date, the risk of any quality loss is entirely for the customer.
2. Any extra costs as a result of premature or late purchase of products are entirely at the customer’s expense.
1. The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product,
negligence or improper use by the customer, or when the cause of the defect cannot clearly be established.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when
these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product
for the benefit of the customer.
1. Exchange is only possible if the following conditions are met:
exchange takes place within 30 days after purchase upon presentation of the original invoice
• the product is returned in the original packaging or with the original (price) tags still attached to it
• the product has not been used
2. Discounted items, non-shelf articles such as food, custom made items or specially adapted articles for the customer and Opened bottles
cannot be exchanged.
The customer indemnifies Concept Spirits BV against all third-party claims that are related to the products and/or services supplied by
Concept Spirits BV
1. The customer must examine a product or service provided by Concept Spirits BV as soon as possible for possible shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement the customer must
inform Concept Spirits BV of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Concept Spirits BV of this within two months after detection of the shortcomings.
4. The customer gives a detailed description as possible of the shortcomings, so that Concept Spirits BV is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work this can in any case not lead to Concept Spirits BV being forced to perform other work than has
1. The customer must provide any notice of default to Concept Spirits BV in writing.
2. It is the responsibility of the customer that a notice of default actually reaches Concept Spirits BV (in time).
Joint and several Client liabilities
If Concept Spirits BV enters into an agreement with several customers, each of them shall be jointly and severally liable for the full
amounts due to Concept Spirits BV under that agreement.
Liability of Concept Spirits BV
1. Concept Spirits BV is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross
2. If Concept Spirits BV is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an
3. Concept Spirits BV is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties.
4. If Concept Spirits BV is liable, its liability is limited to the amount paid by a closed (professional) liability insurance and in the absence
of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot
lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Every right of the customer to compensation from Concept Spirits BV shall, in any case, expire within 12 months after the event from
which the liability arises directly or indirectly. This does not exclude the provisions in article 6:89 of the Dutch Civil Code.
1. The customer has the right to dissolve the agreement if Concept Spirits BV imputably fails in the fulfillment of his obligations, unless
this shortcoming does not justify termination due to its special nature or because it is of minor significance.
2. If the fulfillment of the obligations by Concept Spirits BV is not permanent or temporarily impossible, dissolution can only take place
after Concept Spirits BV is in default.
3. Concept Spirits BV has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his
obligations under the agreement, or if circumstances give Concept Spirits BV good grounds to fear that the customer will not be able to
fulfill his obligations properly.
1. In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Concept Spirits BV in the fulfillment of any obligation to
the customer cannot be attributed to Concept Spirits BV in any situation independent of the will of Concept Spirits BV, when the
fulfillment of its obligations towards the customer is prevented in whole or in part or when the fulfillment of its obligations cannot
reasonably be required from Concept Spirits BV
2. The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war,
insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected
disturbances of power, electricity, internet, computer or telecoms, computer viruses, strikes, government measures, unforeseen transport
problems, bad weather conditions and work stoppages.
3. If a situation of force majeure arises as a result of which Concept Spirits BV cannot fulfill one or more obligations towards the customer,
these obligations will be suspended until Concept Spirits BV can comply with it.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in
whole or in part.
5. Concept Spirits BV does not owe any damage) compensation in a situation of force majeure, even if it has obtained any advantages as a
result of the force majeure situation.
Modification of the agreement
If after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the
parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
1. Concept Spirits BV is entitled to amend or supplement these general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Major changes in content will be discussed by Concept Spirits BV with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
1. The customer cannot transfer its rights deferring from an agreement with Concept Spirits BV to third parties without the prior written
consent of Concept Spirits BV
2. This provision applies as a clause with a property law effect as referred to in Section 3.83 (2) Dutch Civil Code.
Consequences of nullity or annullability
1. If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these
terms and conditions.
2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Concept Spirits BV had in
mind when drafting the conditions on that issue.
Applicable law and competent court
1. Dutch law is exclusively applicable to all agreements between the parties.
2. The Dutch court in the district where Concept Spirits BV is established is exclusively competent in case of any disputes between parties,
unless the law prescribes otherwise.
Drawn up on 18th March 2021