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Terms of use and general conditions

ARION WINE COMPANY N.V.


TERMS & CONDITIONS FOR ONLINE PURCHASING AND WEBSITE USE


1. Applicability

These general conditions are applicable to
(i) the purchase of Arion Wine Company products on www.arionwinecompany.com to the extent they are directed to Aruba (hereafter also: the “Website”, and
(ii) the use of any information, documents, graphics, movies, features, music and/or other services on the Website.

2. Ordering/Purchasing on our Website
2.1     Eligibility to order/purchase
In order to place an order on our Website, you must:
1. be 18 years of age or older
2. be a consumer – not a reseller

2.2     How to order
You need an e-mail address to place an order, and you need to set your browser to accept both cookies and pop-ups in order to make full use of the Website, which includes adding items to your shopping cart and checking out from our store.
Placing an order on the Website is easy.
1. Register as a “Friend of Arion”
2. Find the products you want.
3. Add the products to your shopping cart.
4. Proceed to checkout.
5. Review your order.
6. Submit your order.
7. Receive an online order confirmation.
You are bound by your order once you have clicked the “Submit order” button at the end of the ordering process. By clicking the “Submit order” button, you send your order to us as it is displayed in the final check out screen. Once we have received your order, an automated confirmation of receipt will be displayed on the Website, which contains your order number and the details of your purchase. The purchase agreement has now been concluded. A copy of the automated order confirmation will be sent to your e-mail address. We strongly suggest that you print or download this copy for future reference.
We explicitly reserve the right not to accept your order, or to cancel the purchase
agreement after the automated order confirmation.

2.3     Our right to not accept your order or cancel your purchase.
We reserve the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs:
* the product is not available / in stock (any payments will be refunded);
* your billing information is not correct or not verifiable;
* your order is flagged up by our security systems as an unusual order or an order
susceptible to fraud;
* your bank transfer payment is not received within 5 calendar days after acceptance
of your order;
* we have reason to believe you are under 18;
* we have reason to believe that you are a reseller;
* there was an error in the price quote;
2.4     Data check
When you register as a “Friend of Arion”, we may run some checks on it before it is fulfilled. These checks may include, without limitation, validating your name, address and other personal information supplied by you during the registration process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. This is done only to confirm your identity. No credit check is performed and your credit rating will not be affected. All information provided by you will be processed in accordance with Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

3. Price/Payment
3.1     Payment methods
The available payment methods are to pay with a debit card; or in advance by transferring the amount to the bank account listed on the invoice that we will be sending to you per email. We do not accept any other method of payment. Please do not try to pay by any other way than specified there. If you do, we will not be liable for loss of the payment or any other damages that may result from this action.

3.2     Payment processing
Payments can only be processed if the billing information can be verified.
If you pay by bank transfer, we will prepare your order as soon as the correct amount is on our bank account. This may take several days. In the event no payment has been received within 5 calendar days after you submitted your order, your purchase will be cancelled

3.3     Retention of title
We retain title in the products until we have received full payment for all products.

3.4     Prices and currency
The product prices displayed on the Website are inclusive of Belasting op Bedrijfsomzetten (BBO).
Prices are quoted in Aruban Western Guilders.

3.5     Your total price
The total price specified in the final check out screen includes tax. The prices are quoted in the order confirmation of receipt of your order as well, which you can print or download for future reference.
Please transfer only the exact amount specified on the order confirmation, and make individual transfers per order, using the unique reference number stated in your order confirmation.

3.6     Price changes
The product prices displayed on the Website may be subject to change. We reserve the right to change prices without notice. Subject to clause 3.7 below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.

3.7     Pricing errors
Please note that even though the Website is composed with care, it is possible that the pricing information on our Website contain errors. We are not bound by our offer and we reserve the right to cancel your purchase in the event of such error.

4. Order security
Arion Wine Company shall not be liable for any damages suffered as a result of the use of electronic means of communication, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.

5. Picking up your products
5.1     Picking up your order – where and when
We are open from Monday through Friday. Our opening hours are from 8.00 am to 12.30 am and from 1.30 pm to 5 pm. We are closed on certain public holidays. We can only fulfill an order to a registered “Friend of Arion”.

We do not deliver to private customers; purchases have to be picked up at Arion Wine Company N.V. at Ponton 36 G, Aruba.

5.2     Inspection upon delivery
Upon pick up, please inspect the order together with one of our staff for accuracy. If it appears that the order is not correct, we will correct this.

6. Returns & Cancellations
6.1     Cancelling order before pick up.
You may cancel any order free of charge and without giving us any reason. If you have submitted an order and wish to cancel please call our office 583 3325 or send us an email at info@arionwinecompany.com. Pre-paid orders will receive a credit.

6.2     Returning products – corked or flawed
By law, we cannot accept returns of alcoholic beverages unless the product is corked, or flawed. We will replace any bottle of wine that is damaged, or flawed. We ask the customer to return the unfinished portion of the original bottle for replacement the next working day after the bottle has been opened. We are also unable to accept return of wine that was damaged due to adverse weather conditions during transportation from our office building to your address, or incorrect wine storage, or wine that is ordered in error.

Please send an email to info@arionwinecompany.com to arrange for the return of corked or flawed wine.

Once the corked or flawed wine is received we will replace the wine with a new bottle of wine

You cannot return:

–        Products that have been tampered with

–        Wine that is not flawed or corked.

–        Wine bottles that have suffered extreme temperature changes.

–        Wine bottles which have damaged labels.

For information on refunds, see art 8.6 below. For practical information on how to return, see the help section of the Website.

6.3     Product exchange
Product exchanges are currently not possible, but you do have the option of returning your product(s). See art 6.2

6.4     Returning gifts
At the moment, we cannot offer a product return to the person who has received it as a gift. In order to return the product, please contact the person who purchased the product for you and ask them to follow the procedure for returning orders as stated in returning orders after delivery.

7. Conditions applicable to Pre-Ordered products
7.1     Pre-Order is the process by which you are able to order products in advance of the scheduled retail launch. Due to the nature of pre-ordering, the following specific conditions apply to Pre-Ordered products:

  • Pick up. Pre-Ordered products are targeted to be available for pick up when they arrive in Aruba, provided that we have received your payment timely. Concrete pick up times depend on the moment the product is available in our warehouse. This information is best estimates only, timelines are not binding.
  • Payment. Your payment will be deducted as soon as the order is received (or, in the event of bank transfer, as soon as possible). We will not start the execution of your order prior to having received payment. For bank transfers this may mean that pick up times will be later than set out under the bullet point above.

 

8. Conditions applicable to volume (discounts)
8.1   “Friends of Arion” will receive a 15% “Friends of Arion” discount on still wines only with a minimum order of 12 bottles. These bottles can be a collection of different wines. The discount is not applicable on the following items: All Wenneker Liquours; all Chamapgne and Sparkling wines; the following Chateaux: Mouton-Rothschild, d’Armailhac, Clerc Milon; and Marc Bredif.

8.2   The “Friends of Arion” discount is only for “Friends of Arion” and is non-transferable and can be used only in direct connection with online purchasing on the Website. You cannot sell, barter or give away the “Friends of Arion” discount. You cannot upload or make available our pricing and discounts on any website or through any other public offer, give away, sale or barter.

8.3   The “Friends of Arion” discount is connected with the Arion Wine Company brand. You cannot use the “Friends of Arion” discount in connection with any other brand, company or name or use the “Friends of Arion” discount in any unlawful, improper or disrespectful manner or in any other way that may harm Arion Wine Company N.V.

8.4   The “Friends of Arion” discount cannot be combined with any other special offer or promotion.

8.5   The “Friends of Arion” discount is not exchangeable for money.

8.7   Without prejudice to any other rights Arion Wine Company may have, Arion Wine Company is entitled to immediately invalidate a “Friends of Arion” discount in the event Arion Wine Company N.V. has reason to suspect that a “Friends of Arion” discount is used in violation of the above or otherwise misused or in the event Arion Wine Company N.V. has other reasons to do so.

9. Availability
Fulfillment of all orders on the Website is subject to availability. We try to ensure that all items offered for sale are in stock. However we reserve the right not to accept any orders or to cancel confirmed orders for products that are out of stock. In such event we will inform you by e-mail.

10. Offer Validity
The offers on the Website are valid only the moment that they are displayed on the website, unless a specific term is communicated on the website. We are not bound by any offer in the event of spelling, pricing or other errors or mistakes in the Website information. We reserve the right to cancel any purchase concluded in the event of such error.

11. Liability
11.1   We shall not be liable for damage incurred by a third party resulting from the use of any of our products. We shall not be liable for damage incurred by you as a result of your improper use of any of our products.

11.2   We are not liable for damages as a result of incorrect information on the Website.

11.3   In the event you suffer damage as a result of our gross negligence or willful misconduct, none of the limitations in this article apply.

12. User Generated Content
12.1   If you post any ideas, remarks, questions, data, graphics, opinions, designs, customizations, or other information (including info on bulletin boards, chat rooms or other forums on the Website(s)) (hereafter “User Generated Content”), on the Website(s), or if you send such User Generated Content through the Website(s) to Arion Wine Company, this will become the exclusive property of Arion Wine Company. The User generated Content will be deemed to be nonconfidential and we will be entitled to use or disclose the User Generated Content in any manner whatsoever, without liability or notice to you. The User Generated Content or any other information you send to the Website should not be, or contain, material which is offensive, pornographic, defamatory, blasphemous, unlawful or likely to infringe any applicable law, whether civil, criminal or religious. You agree that all material submitted to us is original to you, and not copied in whole or part from any third party. Please do not send anything that is required to be kept confidential. Arion Wine Company does not, and you agree that Arion Wine Company has no obligation to, review the User Generated Content, that Arion Wine Company is not in any manner responsible for User Generated Content, that Arion Wine Company does not guarantee the accuracy, integrity or quality of User Generated Content, and that Arion Wine Company cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You acknowledge that by providing you with the ability to access and view User Generated Content on the Website, Arion Wine Company is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of users on the website. Without limiting the generality of the foregoing, you acknowledge and agree that the information, materials and opinions expressed or included in any User Generated Content are not necessarily those of Arion Wine Company or its affiliated or related entities or content providers.

12.2   Notwithstanding the foregoing, you acknowledge and agree that Arion Wine Company has the absolute right to monitor User Generated Content posted to the Website in its sole discretion. In addition, Arion Wine Company reserves the right to alter, edit, refuse to post or remove any such User Generated Content, in whole or in part, for any reason or for no reason, and to disclose such User Generated Content and the circumstances surrounding their transmission to any third party. You agree that we do not have any obligation to use or respond to any User Generated Content. You agree that you shall immediately notify Arion Wine Company in writing of any objectionable content appearing on the Website. Arion Wine Company will make good faith efforts to investigate allegations that any User Generated Content violates these General Conditions but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific User Generated Content, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any User Generated Content whatsoever.

12.3   Any use of any content on the Website(s), including, without limitation, User Generated Content, will be at your own risk. Without limiting the generality of the foregoing, you acknowledge and agree that Arion Wine Company is not responsible for any User Generated Content that purports to give medical advice or advice regarding fitness training, exercise, or diet. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.

12.4   You may not post or otherwise distribute content to the Website(s) which Arion Wine Company in its sole discretion determines to be abusive, harassing, threatening, defamatory, obscene, an impersonation of others, fraudulent, deceptive, misleading, in violation of a copyright, trademark or other intellectual property right of another, invasive of privacy or publicity rights, in violation of any other right of Arion Wine Company or another party, illegal, or otherwise objectionable to Arion Wine Company. You may not upload commercial content on the Website(s) or use the Website(s) to solicit others to join or become members of any other commercial online service or other organization. You may be required to register and/or agree to additional terms of use prior to being permitted to post or otherwise distribute User Generated Content to the Website.

12.5   Use of information Submitted
To the extent any intellectual property rights exist in the User Generated Content, these rights shall vest in Arion Wine Company. To the extent you own the intellectual property rights in the User generated Content, these shall be transferred by you to Arion Wine Company the moment you post the User Generated Content on the Website(s), or send it to Arion Wine Company. To the extent the foregoing is not valid, or not sufficient to guarantee the free use by Arion Wine Company of the User Generated Content, you agree and guarantee that Arion Wine Company is free to use any (parts of) the User Generated Content posted or sent by you, or created by you while accessing the Website (or contained in any communication you may send to Arion Wine Company or submit to the Website(s) without notice, compensation or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the website or other products or services. You acknowledge and agree that you shall have no claim against Arion Wine Company or any other party should any User Generated Content created, posted or sent by you be used in the above sense by Arion Wine Company or such other party.

13.   Applicable Law
These general conditions and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the Website(s) or with any purchases on the Website shall be governed by Aruban law.

14.   Information on the Website
Even though Arion Wine Company has composed the Website with care, the information, texts, documents, graphics, movies, music and/or other services on it may contain errors or be otherwise incorrect or incomplete. Arion Wine Company shall not be liable for any damages resulting from the use of (or inability to use) the Website, including damages caused by viruses or any incorrectness, or incompleteness of the Information, unless such damage is the result of any willful misconduct or from negligence on the part of Arion Wine Company.

15.   Linked Sites
The Website provides links to external Internet sites. Arion Wine Company shall not be liable for the use or the content of Internet sites that link to this site or which are linked from it.

16. Trademarks and copyright on the Website
All brand names, product names and titles used on the website are trademarks or trade names of Arion Wine Company or third party trade mark or trade name holders. You are not allowed to use of reproduce any such trademarks or trade names as this may constitute an infringement of the holders’ rights. All Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source code, software (including applets) and all other material on this website are the copyright of Arion Wine Company or its suppliers. You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of placing an order with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this website, including reproduction for purposes other than those noted above, modification, distribution, or republication. Should you wish to use materials or information from this Website, you need to obtain Arion Wine Company’s prior written consent.