Terms and Conditions
1 Applicability of these Terms of Sale
It is important that You read these Terms of Sale carefully before ordering any Products through the Website, as they govern Our relationship with You. These Terms of Sale will apply to all enquiries made by You, offers made by Us (including but not limited to advertisements and/or quotations), the order process and Your (intended) purchase of the Products. Please understand that if You do not accept these Terms of Sale, You will not be able to order any Product(s) through the Website. With respect to Our sales, You may have other rights which are granted to You by mandatory law. These Terms of Sale only affect these rights granted by the applicable mandatory law if there are any contradictions and to the extent that it may be derogated from by law.
2 Definitions
Unless expressly indicated otherwise, the following capitalized terms (both in plural and in singular) as used in these Terms of Sale will have the following meanings:
Business Day:Monday through Friday from 10 a.m. to 6 p.m. CE(S)T, excluding official Belgian public holidays.
Contract:the distance contract concluded between You and Diageo for the sale and delivery of the Products by means of distance selling via the Website, whereby exclusive use is made of one or more techniques for distance communication;
Consumer:any natural person who is acting for purposes which are outside his commercial, industrial, craft or self-employed activity;
BCC:the Belgian Civil Code (in Dutch: "Burgerlijk Wetboek", in French “Code Civil”);
Diageo:Diageo Nederland B.V., having its registered office in Amsterdam, the Netherlands, as well as any of its direct or indirect affiliates;
Model Withdrawal Form:the European model form included in Annex I of these Terms of Sale for withdrawal from a distance contract;
Products:the alcoholic beverages (including spirits) and other products offered by Diageo through the Website;
Right of Withdrawal:the possibility for the Consumer to withdraw from the distance contract within the Withdrawal Period, without giving any reason;
Terms of Sale:These general terms and conditions;
We/Us/Our:Diageo;Website:www.malts.com/nl-be;
You( r)(s):any natural person or legal entity that visits the Website and/or has entered, or wishes to enter, into a contract with Us.
3 Who We are
Statutory name of trader: Diageo Nederland B.V.
Trade name of trader: Diageo Nederland
Registered in the Trade Register of the Dutch Chamber of Commerce: 30048592
VAT-number: NL808796987B04
Visiting address: Molenwerf 12, 1014 BG Amsterdam
Telephone number: +31 20 8090 360
4 Who can shop with us
4.1In order to purchase Products and have Your order fulfilled by Us, You must be at least 18 years of age or the age of majority in Your jurisdiction. Therefore, We may require a valid photo ID with date of birth, or any other data and documents in order to establish whether You have already reached the required minimum age. Furthermore, We may require You to go through an age verification system upon the purchase and/or delivery of the Products to confirm that You have reached the required minimum age. The Products are not intended for sale to persons under the legally required minimum age for the use and purchase of alcohol as applicable.
4.2We will only deliver Products to addresses within Germany, Netherlands, Austria and Belgium.
4.3We may refuse orders for the Products as long as, in Our assessment, it is not sufficiently established that You, or the person to whom the Products will be transferred, have/has reached the relevant minimum age.
5 The order process work and the formation of the contract
5.1Orders are transmitted via the Website. Once You are ready to make a purchase, You can proceed to checkout with Your shopping cart. The Website asks for Your payment details, which are processed on a secure server. After Your payment has been processed, Your order details including Your postal address will be shared with Us.
5.2Customers have the option to create an account and become a member of the Malts Club, which is Our loyalty program. During the registration process, You will be prompted to provide Your personal information, including but not limited to Your name, residential address, email address, and date of birth. Additionally, we request that You choose a password to enable future access to the Website using Your credentials. To consult the terms and conditions of Malts Club, seefill in URL to Malt Club T&C. However, this does not alter the possibility of not creating an account and placing Your order by making use of the "Check Out as Guest" function and provide the required (personal) details to finalise the order.
5.3After You have placed Your order, We will send You an automatically generated email with a summary of the Product(s) You have selected (the "Acknowledgement Email"). This automatically generated email is not to be considered as acceptance of Your order. In other words, the Acknowledgement Email is without prejudice to the fact that every order is subject to Our explicit acceptance (as further described in article 5.5). After receiving Your order and having sent the Acknowledgement Email, We will check whether the order will be accepted.
5.4If We refuse the order in the event of insufficient stock or for any other valid reason, We will inform You within ten (10) Business Days after the Acknowledgement Email has been sent. In case You have already paid (a part of) the purchase price, You will then receive a full refund within ten (10) Business Days of notification of Our refusal to process the order from Us.
5.5If We accept Your order, We will send You a second email with Our explicit acceptance of Your order and confirmation of shipment of the Product(s) to the delivery address You have filled in (the "Shipping Email"). We will automatically send this to the email address with which You registered. The Contract between Us and You is formally formed by sending the Shipping Email.
5.6You should check both the Acknowledgement Email and the Shipping Email for accuracy and contact Us immediately if You find any error.
5.7If there is a problem with Your order that We would like further information on, You will be contacted by Us.
6 What to expect with respect to conformity and availability
6.1We ensure that the Products comply with the Contract and the specifications mentioned in Our offer, with reasonable requirements of reliability and/or usability and with the existing statutory provisions and/or government regulations on the date the Contract is concluded.
6.2If it appears that the Products are not available/out of stock even though the order has been accepted by Us and the Shipping Email has been sent, We will notify You without undue delay. We will notify You without undue delay. In that case, You will be given the following options: (i) to accept the delivery when the product is back in stock, we will provide you with the estimated date of delivery; (ii) we will inform You if there are replacement products of equivalent quality or higher quality and value that You can order as an alternative; (iii) you can cancel the order you will get the refund of any amounts You may have already paid.
7 Prices and payment
7.1The prices for the Product(s) published on the Website and at checkout are stated in euros and include all local taxes and fees that may apply to the Product(s). Delivery costs are not included in the prices. These costs are automatically added to the total due when You view Your items in Your shopping cart and depend on the volume, weight and dimensions of the Product(s) to be shipped.
7.2Prices and delivery costs are subject to change at any time. However, such changes will not affect orders that have already been accepted and confirmed in the form of the Shipping Email.
7.3The prices of the Products are checked regularly. Nonetheless, if We discover that there was a pricing error when You placed the order, We will contact You and ask if You would like to keep the order at the correct price. If We do not receive Your reaction within five (5) Business Days after We have contacted You, We will be entitled to cancel your order and refund the price you have paid. The above does not apply if We have already sent a Shipping Email.
7.4Payment for the Products must be made by credit or debit card or via PayPal, or iDEAL. If You have agreed to advance payment, You may not assert any rights regarding the execution of the respective order until the stipulated advance payment has been made. You are obliged to immediately report inaccuracies in payment details provided or mentioned to Us.
7.5If We are unable to accept Your order for any reason pursuant to article 5.4, We will, at Our option, either reject Your debit or credit card or refund the money You paid for that order in case of prepayment. Please note that Your card issuer may charge You an online processing fee or processing fee. We are not responsible for such fees. Credit and debit card holders may be required to perform authorization and authentication as part of the card payment process.
7.6If You do not timely meet Your payment obligation(s), We will inform You of the late payment and grant You a period of fourteen (14) days, starting the day after receipt of the reminder, to still meet Your payment obligations. After the non-payment within this fourteen (14)-day period, You will be in default by operation of law and will owe statutory interest on the outstanding amount based on article 5:240 BCC. Furthermore, We have the right to charge the extrajudicial collection costs We have incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to € 2,500; 10% over the next € 2,500 and 5% over the next € 5,000, with a minimum of € 40 and a maximum of € 6,775. Any payment made by You will then first go to reduce the costs, then to reduce the interest accrued, and finally to reduce the payable invoices that have been outstanding the longest and the accruing interest.
8 Delivery and title and risk
8.1We aim to get the Product(s) to You at the delivery address You provided in Your order within the time stated in the Shipment Email, however, We are unable to give You an exact delivery date to agree. The time as stated in the Shipment Email does not qualify as a fatal deadline (in Dutch: "fatale termijn", in French “échéance ferme”). In principle, Our regular deliveries of the Products take approximately 2 - 4 Business Days. When ordering an engraving, it can take 4 - 7 Business Days for the deliveries to reach You.
8.2We reserve the right to make partial deliveries of the ordered Products.
8.3When Your order is on the way, You will receive a notification from Us, as well as a tracking number with which You can track Your order (and be informed about the estimated time window of delivery). If You have any further questions please contact our Customer care team at customerservice@malts.com. Concerning pre-orders , You will receive Your tracking number as soon as Your order has been dispatched, with which You can track it.
8.4Subject to these Terms of Sale, it shall be assumed that "delivery" has occurred, or the order has been "delivered", at the time that You or a person designated by You takes physical possession of the Products, which will be evidenced by the fact that at the agreed delivery address has been signed for receipt of the order. Title and risk of the Product(s) pass to You upon delivery.
8.5The place of delivery is the address that You have filled in in the order process. You are obliged to ensure that personal delivery of the Products is possible at this registered delivery address. If You (or any person authorized by You) are (/is) not present at the delivery time indicated in the tracking details provided, and if it is possible to deliver the order again at a later time within the delivery window as communicated to You, then We will offer the Products a second time. If You are unable to receive the delivery within the relevant delivery slot, We or the carrier engaged by Us will contact You to make a new appointment. If a new appointment cannot be made and/or the order cannot be delivered in any other way due to Your failure to cooperate, You are in default, the Contract will be terminated by Us by email notification and You must bear any additional costs or damages as a result of Your failure to cooperate with regard to delivery. We are not liable for any possible loss, damages or costs if delivery cannot be made according to the indicated delivery and shipment dates.
8.6If for any reason We are unable to meet the estimated delivery date as stated in Our Shipping Email, We will inform You of the late delivery and give You the following two options: (1) to enforce the Contract by agreeing upon the rescheduling of the delivery date as described in Our notification of late delivery, or (2) to cancel the Contract with a full refund of the (part of the) purchase price You have already paid (if any). If You choose the second option, You will receive the refund within ten (10) Business Days after receipt of Your notification of cancellation of the Contract.
8.7Pursuant to the global standards set forth by the International Alliance for Responsible Drinking (IARD), ordered Products shall not be delivered to individuals who are intoxicated. The determination of whether a person is intoxicated shall be solely at the discretion of the transportation company's employee. In the event that the transportation company's employee assesses that the person is intoxicated, the ordered Products shall not be delivered, and the Contract shall not be executed. The ordered Products shall be returned by the transportation company at Your expenses. In case You have already paid (a part of) the purchase price, We will reimburse You the remaining amount, minus the return costs, of the order using the same means of payment with which You have made the original transaction.
9 What to do in case of non-conformity
9.1In the event that, at the time of delivery, You consider that a Product does not comply with the terms of the Contract, You must without undue delay and at least within two (2) months directly contact Us at customerservice@malts.com and inform Us of the Product details and the damages. To the extent reasonably possible, You should substantiate the aforementioned complaint with evidence, for example by submitting distinct photos. On acceptance of Your claim, We will provide You with a free returns slip and ask You to return the Product to Us within fourteen (14) days.
9.2If You have returned the Product(s) to Us in accordance with Our instructions, We will thoroughly inspect the returned Product(s) and, within a reasonable period of time, inform You of Your right to a replacement or (if applicable) a refund. We will take care that the refund or replacement of the Product(s) will take place as soon as possible. The amounts paid for Products returned due to damages or defects will, if applicable, be refunded in full, including shipping costs and other costs You incurred to return the Product(s) to Us. Refunds will be made using the same means of payment You used to pay for Your purchase.
9.3The provisions of this article are without prejudice to any rights to which You are entitled as a Consumer under applicable mandatory laws and regulations.
10 When and how to exercise the right of withdrawal
10.1As a Consumer, You have the Right of Withdrawal from the Contract without giving reasons. The Withdrawal Period expires fourteen (14) days after the day on which You, or another person/party designated by You other than the carrier, has taken delivery of the Product(s). If You have ordered several Products with different delivery times, the Withdrawal Period shall expire after fourteen (14) days from the day on which You, or another person/party designated by You other than the carrier, has taken delivery of the last delivered Product(s). For all Products delivered during the period from November 1st to December 31st, the Right of Withdrawal period shall be extended to January 31st.
10.2To exercise the Right of Withdrawal, You must inform Us of Your decision to withdraw from the Contract by contacting Us at customerservice@malts.com or by using Our contact form. For this purpose, You may also use the Model Withdrawal Form as enclosed with these Terms of Sale, but this is not obligatory.
10.3To comply with the Withdrawal Period, it is sufficient to send Your communication concerning Your exercise of Right of Withdrawal before the Withdrawal Period has expired.
11 Your Obligations in the event of Withdrawal
11.1You must return the Product(s) without undue delay and in any event no later than fourteen (14) days from the day on which You have informed Us of the withdrawal from the Contract.
11.2You will bear the direct costs and risk of returning the Product(s) when invoking the Right of Withdrawal.
11.3If You exercise your Right of Withdrawal You have to take care of the transport of the returned Product(s). We do not accept any risk regarding the transport and/or the Products themselves. If a returned Product exhibits a defect that cannot be attributed to Us, then We are entitled to send it back to You. The associated costs will be charged to You.
11.4Your Right of Withdrawal only applies if You return the Product(s) in the same condition as You received it/them. You must follow all Our instructions and, as far as reasonably possible, return all original documents and packaging materials of the Product(s) that may have been enclosed.
11.5There will be no refund if the Product has been used/opened (e.g. if the seal has been broken), if it is damaged or if the Product is not in the same condition as You received it.
11.6You should take reasonable and good care of the Products once they are in Your possession and return them to Us carefully.
12 Reimbursement in the event of withdrawal
12.1After We have checked the Product(s), We will inform You of Your right to reimbursement of the paid amounts. Notwithstanding the foregoing, We may refuse the refund until We regain possession of the Product(s) or until You provide proof that You have returned the Products, whichever occurs first.
12.2If You withdraw from the Contract and subject to article 11.3 of these Terms of Sale, We will reimburse all payments You have made up to that point (if any), excluding the direct costs of returning the Product(s), without delay and in any event no later than fourteen (14) days after We have been informed of Your decision to withdraw from the Contract.
12.3We will reimburse You using the same means of payment with which You made the original transaction. In any event, You will not be charged any fees for invoking Your Right of Withdrawal.
13 Exceptions from the right of withdrawal
13.1In the following situations You have no Right of Withdrawal:
(a) the supply of Product(s) for which the price is dependent on fluctuations in the financial market which cannot be controlled by Us and which may occur within the Withdrawal Period;
(b) the supply of Product(s) made to Your specifications or clearly personalised;
(c) the supply of Product(s) which are liable to deteriorate or expire rapidly;
(d) the supply of sealed Product(s) which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;
(e) the supply of Product(s) which are, after delivery, according to their nature, inseparably mixed with other items;
(f) the supply of alcoholic beverages, the price of which has been agreed upon at the time of the conclusion of the Contract, the delivery of which can only take place after 30 days and the actual value of which is dependent on fluctuations in the market which cannot be controlled by Us.
14 Intellectual property
All intellectual property rights relating to the Website, the Product(s) and all elements displayed on it, including in any case but not limited to the trademarks, drawings, models, photographs, texts, illustrations, logos, icons, graphics, products, sounds, images belong to Us, Our affiliated parties and/or Our licensors and/or content providers. We grant no licence to Consumers and/or third parties other than the right to visit the Website. Any other use is expressly prohibited. The aforementioned means, inter alia, that You are not allowed to publish, reproduce and/or edit the information mentioned on the Websites without prior express permission, except for personal use.
15 The accuracy and accessibility of and links on our website
15.1The Website is created with the utmost care and skill. However, We cannot guarantee that the Website will always be available and that the information on the Website is complete, correct and up-to-date. To the extent permitted by mandatory law, We exclude any liability for damages arising out of or in connection with the use of the Website or the information thereon.
15.2We make every effort to ensure that the Website is virus-free, but unfortunately We cannot guarantee this. The Website may contain links to third-party websites. We cannot guarantee the content and the functioning et cetera. of the websites of third parties. You agree that We have no control over and no liability for such linked websites.
15.3The Products offered by Us on the Website are clearly and truthfully depicted and/or described and as complete as can reasonably be expected on the Website. However, obvious errors or mistakes in leaflets and/or publications, images, drawings, product descriptions, specifications, prices and/or any other stated data/information do not bind Us.
16 Processing of personal and other data
16.1With respect to the use of the Website, the order process and carrying out the Contract, We process personal and other data of clients and third parties, in accordance with Our privacy policy (which is available athttps://www.diageoprivacycentre.com/). In protecting such data, We exercise all the care that in reasonableness may be expected from Us and We take all appropriate technical and organisational measures for such protection. However, We are not liable for any damages caused by unauthorised access or loss of such data that arises despite of such care and these measures. Nor are We liable for any damages caused by unauthorised access, loss or manipulation of such data as a result of the transmission over or the use of internet, networks, systems or software developed by third parties.
17 Force majeure
17.1We cannot be held responsible for any failure to fulfil one or more obligations arising from the Contract if it is not due to Our fault or if We cannot be held accountable for it by virtue of law, a juridical act or generally accepted principles (common opinion).
17.2Force majeure shall in any case mean any circumstance which is not attributable to Us and which We could not have taken into account at the time of entering into the Contract and as a result of which the normal performance of the Agreement cannot reasonably be required by You. In such a situation, We will be entitled to dissolve the Contract in full or in part and/or to suspend its execution without any obligation to pay compensation.
17.3The circumstances referred to in this article shall in any case include – but not be limited to – incomplete and/or delayed deliveries by importers, manufacturers and suppliers, import and export bans, government measures, strikes, natural disaster, war, civil unrest, economic sanctions, fire, flood, particularly harsh weather conditions, explosions, pandemics, epidemics, terrorism obstructions by third parties (including cyber-attacks), transport difficulties.
18 Contact and Complaints
18.1Your comments and suggestions are always welcome. You can submit your comments, suggestions or complaints by contacting Us.
18.2In addition to the possibility of submitting Your complaint directly to us, You have the option of submitting Your complaint regarding the purchase of Products on Our website on the EU online dispute resolution platform (the ODR platform). The ODR platform provides Consumers with a simple alternative dispute resolution option in relation to online purchases. You can find the ODR platformhere.
19 Amendments
19.1We are entitled to amend these Terms of Sale. In case of any amendments We will publish the new version of the Terms of Sale on Our Website.
19.2The version of these Terms of Sale, which applies to Your order, is the version found on the Website at the time of placing Your order.
20 Applicable law
20.1To all enquiries made by You, offers made by Us, the order process, Your (intended) purchase of the Products, the Contract, the use of Our Website as well as these Terms of Sale themselves, Belgian law applies.
Appendix I
Sample form for cancellation
(complete and return this form only if you wish to cancel the contract)
To Diageo Nederland B.V., Molenwerf 12, 1014 BG Amsterdam, The Netherlands:
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (*)/received on (*):.
Name of the consumer(s):.
Address of the consumer(s):.
Signature of the consumer(s) (only if this form is submitted in paper form):.
Date:
(*): Delete if necessary