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Terms & conditions

General Terms and Conditions IJshop

These terms and conditions apply to all orders in the webshop of Brouwerij ’t IJ.

Article 1 – Definitions
In these terms and conditions, the following definitions apply:

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;
Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation or use for a period adequate to the purpose of the information, and that allows unchanged reproduction of the stored information;
Right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period;
Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products and/or services, whereby up to and including the conclusion of the contract, exclusive or joint use is made of one or more means of distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not need to be provided if the consumer has no right of withdrawal regarding their order;
Means of distance communication: any method that can be used to conclude a contract, without the consumer and entrepreneur being simultaneously present in the same space.
Order processing: Orders are processed on Tuesdays and Fridays.

Article 2 – Identity of the entrepreneur

Brouwerij ’t IJ BV
Funenkade 7
1018AL Amsterdam
Tel: +31 (0)20 261 9800
Email address: ijshop@brouwerijhetij.nl
Chamber of Commerce number: 34294966
VAT number: NL819052899B01

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
  2. 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, before the distance contract is concluded, indicate how the general terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent free of charge to the consumer as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, in deviation from the previous paragraph and before the distance contract is concluded, be provided electronically to the consumer in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated where the general terms and conditions can be accessed electronically before the distance contract is concluded and that they will be sent electronically or otherwise free of charge at the consumer’s request.
  4. If specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and, in the event of conflicting conditions, the consumer may always rely on the provision most favorable to them.
  5. Deviation from these general terms and conditions is only possible if parties have explicitly agreed this in writing.

Article 4 – The offer

  1. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a true representation of the products offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
  3. Every offer contains information that makes it clear to the consumer what rights and obligations are attached to accepting the offer.

Article 5 – The contract

  1. The contract is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the associated conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.
  3. If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may, within the limits of the law, ascertain whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If the entrepreneur, based on this investigation, has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons or to attach special conditions to the execution.
  5. The entrepreneur will, at the latest upon delivery of the product and/or service to the consumer, provide the following information, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    1. the visiting address of the entrepreneur’s establishment where the consumer can lodge complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information about guarantees and existing after-sales service;
    4. the price including all taxes of the product (excluding any import duties in case of shipping to a country outside the EU), where applicable the delivery costs, and the method of payment, delivery, or execution of the distance contract;
    5. if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of withdrawal

  1. The consumer may dissolve an agreement relating to the purchase of a product and/or service during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for withdrawal, but may not require the consumer to state their reason(s).
  2. The cooling-off period referred to in paragraph 1 starts on the day after the consumer, or a third party designated in advance by the consumer 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 them, has received the last product. The entrepreneur may, provided they have clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.

Article 7 – Obligations of the consumer during the cooling-off period

  1. During the cooling-off period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The guiding principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a store.
  2. The consumer is only liable for any reduction in value of the product resulting from handling the product in a way that goes beyond what is permitted in paragraph 1.
  3. The consumer is not liable for a reduction in value of the product if the entrepreneur has not provided the consumer with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises their right of withdrawal, they shall notify the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not required if the entrepreneur has offered to collect the product themselves. The consumer has observed the return period in any case if they return the product before the cooling-off period has expired.
  3. The consumer shall return the product with all delivered accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct costs of returning the product. If the entrepreneur has not informed the consumer that they must bear these costs or if the entrepreneur states that they will bear the costs themselves, the consumer does not need to bear the return costs.

Article 9 – Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur enables the notification of withdrawal by the consumer electronically, they shall send an acknowledgment of receipt immediately after receiving such notification.
  2. The entrepreneur shall reimburse all payments made by 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 them of the withdrawal. Unless the entrepreneur offers to collect the product themselves, they may wait to reimburse until they have received the product or until the consumer proves that they have returned the product, whichever occurs earlier.
  3. The entrepreneur shall use the same payment method for reimbursement that the consumer used, unless the consumer agrees to another method. The reimbursement shall be free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur is not required to reimburse the additional costs for the more expensive method.
  5. Import duties or other additional taxes levied in the consumer’s country will not be reimbursed by the entrepreneur.

Article 10 – The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services shall not be increased, except for price changes resulting from changes in VAT rates.
  2. The prices mentioned in the offer of products or services include Dutch VAT.
  3. Any additional costs caused by import duties in case of shipping the offered products to a country outside the EU are entirely borne by the consumer.

Article 11 – Performance of the agreement and additional guarantee

  1. The entrepreneur guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement.
  2. An additional guarantee provided by the entrepreneur, their supplier, manufacturer, or importer shall never limit the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill their part of the agreement.
  3. Additional guarantee means any commitment by the entrepreneur, their supplier, importer, or producer in which they grant the consumer certain rights or claims that go beyond what is legally required in the event that they have failed to fulfill their part of the agreement.

Article 12 – Delivery and performance

  1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products.
  2. The place of delivery is the address provided by the consumer to the entrepreneur.
  3. Subject to what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders promptly but at the latest within 30 days, unless another delivery period has been agreed.
  4. If delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs.
  5. The dissolution referred to in the previous paragraph does not apply when, in case of shipping to a country outside the EU, a delay occurs due to customs clearance procedures in the receiving country.
  6. Following dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer no later than 30 days after dissolution.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative previously designated and made known to the entrepreneur, unless explicitly agreed otherwise.

Article 13 – Payment

  1. Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or if there is no cooling-off period, within 14 days after the conclusion of the contract.
  2. When selling products to consumers, the consumer may never be required in 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 regarding the execution of the order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
  4. If the consumer does not fulfill their payment obligation(s) on time, they shall, after being notified by the entrepreneur of the late payment and given a 14-day period to still fulfill their payment obligations, owe the statutory interest on the outstanding amount if payment is not made within this 14-day period, and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by them. These collection costs amount to a maximum of: 15% of 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 may deviate from the stated amounts and percentages in favor of the consumer.

Article 14 – Complaints procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles complaints in accordance with this complaints procedure.
  2. Complaints about the execution of the contract must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 15 – Disputes

Contracts between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.

Article 16 – Additional or deviating provisions

Additional or deviating provisions to 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 data carrier.

The Brouwerij ’t IJ Gift Card

Where can you buy it?
The Brouwerij ’t IJ gift card is sold in our tasting rooms and via the IJshop. If you buy a gift card in one of our tasting rooms, you can choose the amount yourself. In our IJshop, gift cards are available starting from €20.

How long is my gift card valid?
The balance on your gift card remains valid for 2 years after purchase.

How do you check the balance on your gift card?
Via www.brouwerijhetij.nl/cadeaukaart you can go to a page where you can check the balance. Use the card number and password on the gift card to log in.

Where can the card be used?
The gift card can be used for all purchases in the tasting rooms of Brouwerij ’t IJ. When paying, indicate that you want to use a gift card. The card works just like a contactless payment card: hold it next to the terminal and the amount due will be deducted from the balance.
The balance of the card or any remaining value cannot be exchanged for cash.

Returning IJshop Products

Want to return something? Yes, that’s possible.
You’re probably not expecting it – and neither are we – but it can happen that you want to return an order for whatever reason. Whatever that reason may be, you may cancel your order within 14 days of receiving it, without giving any explanation. After that, you have another 14 days to send the order back to us.

How does returning work?
Returning your order is very straightforward. At https://retourijshop.shipping-portal.com/rp/ you can create a return order yourself in just a few clicks. Hardly any work, because we already have most of the details. The system will then show you the best place to drop off your parcel. We cover the return shipping costs, so all you need to do is hand over your parcel at the post office. Once we receive it back in good condition, we’ll refund the full purchase amount.

I actually should have ordered something else… Can I exchange it?
If you’ve made the wrong choice and want to exchange your order for something else, the same process applies. Simply follow the steps for returning your item. If the product is still in a resellable condition, we’ll refund your money so you can place a new order.

Help! I entered the wrong address… Can this still be fixed?
If you’re quick, yes. Send us an email as soon as you notice it: ijshop@brouwerijhetij.nl. If we read it in time, we can still sort things out administratively.

IJshop return address
Brouwerij ’t IJ
Cruquiusweg 98W
1019 AJ Amsterdam