Privacy Policy

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Additional agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;
• 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 relating to their trade, business, craft or professional activity;
• Day: calendar day;
• Digital content: data produced and supplied in digital form;
• Continuing performance contract: an agreement that provides for the regular delivery of goods, services and/or digital content over a specified period;
• Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and which permits unchanged reproduction of the stored information;
• Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
• Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
• Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organised system for the remote sale of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
• Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions. Appendix I does not have to be made available if the consumer has no right of withdrawal in relation to their order;
• Technique for distance communication: means that can be used to conclude an agreement without the consumer and entrepreneur having to be present in the same place at the same time.

Article 2 – Identity of the entrepreneur

Gulpener Bierbrouwerij B.V.
Rijksweg 16, 6271 AE Gulpen
Telephone number: +31 (0)43-4507575
Email address: info@gulpener.nl
Chamber of Commerce number: 14617415

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
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 indicate before the distance contract is concluded 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.

If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available electronically to the consumer in such a way that it can easily be stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request of the consumer.

In the event that 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 invoke the applicable provision that is most favourable to them.

Article 4 – The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products, services and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the entrepreneur.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the associated conditions.

An agreement can only be concluded if the person placing the order has reached the minimum age of 18 years.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement based on this investigation, they are entitled to refuse an order or request with reasons or to attach special conditions to its execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur shall provide the following information in writing or in such a way that the consumer can store it accessibly on a durable data carrier:

• The visiting address of the entrepreneur’s establishment where the consumer can submit complaints;
• The conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
• Information about guarantees and existing after-sales service;
• The price including all taxes of the product, service or digital content; where applicable, delivery costs; and the method of payment, delivery or execution of the distance contract;
• The requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;
• If the consumer has a right of withdrawal, the model withdrawal form;
• In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

The consumer may dissolve an agreement relating to the purchase of a product during a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but may not oblige the consumer to state their reason(s).
The cooling-off period referred to in paragraph 1 commences 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, or a third party designated by them, has received the last product. The entrepreneur may refuse an order for several products with different delivery times, provided that the consumer was clearly informed of this before the ordering process;
• if delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by them, received the last shipment or the last part;
• in agreements for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by them, received the first product.

Extended cooling-off period for products, services and digital content not supplied on a tangible medium if information about the right of withdrawal has not been provided:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the information referred to in the previous paragraph within twelve months after the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

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

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, characteristics and functioning of the product. The guiding principle is that the consumer may only handle and inspect the product as they would be allowed to do in a shop.

The consumer is only liable for any depreciation in value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1. The consumer is not liable for depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal before or at the conclusion of the agreement.

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

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.

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 the entrepreneur (or an authorised representative thereof). This is not required if the entrepreneur has offered to collect the product themselves. The consumer has complied with the return period if they send back the product before the cooling-off period has expired.

The consumer shall return the product with all supplied accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that they will bear the costs themselves, the consumer does not have to bear the return costs.
If the consumer withdraws after having expressly requested that the performance of the service or the supply of gas, water or electricity not made ready for sale in a limited volume or specific quantity commence during the cooling-off period, the consumer shall owe the entrepreneur an amount proportional to the part of the obligation already fulfilled by the entrepreneur at the moment of withdrawal compared to the full performance of the obligation.
The consumer shall bear no costs for the performance of services or the supply of water, gas or electricity not made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

• the entrepreneur has not provided the consumer with the legally required information regarding the right of withdrawal, reimbursement of costs upon withdrawal or the model withdrawal form; or
• the consumer has not expressly requested the commencement of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
  The consumer shall bear no costs for the full or partial supply of digital content not supplied on a tangible medium if:
• they have not expressly agreed prior to delivery to commencement of the performance of the agreement before the end of the cooling-off period;
• they have not acknowledged losing their right of withdrawal when giving consent; or
• the entrepreneur has failed to confirm this statement from the consumer.
  If the consumer exercises their right of withdrawal, all additional agreements shall be dissolved by operation of law.

Article 9 – Obligations of the entrepreneur in the event of withdrawal

If the entrepreneur enables the consumer to notify withdrawal electronically, they shall send an acknowledgement of receipt immediately after receiving this notification.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay and 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 delay reimbursement until they have received the product or until the consumer proves that they have returned the product, whichever occurs first.
The entrepreneur shall use the same payment method that the consumer used, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.

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.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur clearly stated this in the offer, at least in time before concluding the agreement:

• Products or services whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control and which may occur within the withdrawal period;
• Agreements concluded during a public auction. A public auction means a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or given the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
• Service agreements, after full performance of the service, but only if:
  • the performance has begun with the consumer’s explicit prior consent; and
  • the consumer has declared that they lose their right of withdrawal once the entrepreneur has fully performed the agreement;
• Package holidays as referred to in Article 7:500 of the Dutch Civil Code and passenger transport agreements;
• Service agreements for the provision of accommodation, if the agreement specifies a certain date or period of performance and other than for residential purposes, goods transport, car rental services and catering;
• Agreements relating to leisure activities, if the agreement specifies a certain date or period of performance;
• Products manufactured according to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision of the consumer, or which are clearly intended for a specific person;
• Products that spoil quickly or have a limited shelf life;
• Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• Products which, by their nature, are irreversibly mixed with other products after delivery;
• Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations beyond the entrepreneur’s control;
• Sealed audio, video recordings and computer software whose seal has been broken after delivery;
• Newspapers, magazines or journals, except subscriptions thereto;
• The supply of digital content other than on a tangible medium, but only if:
  • the performance has begun with the consumer’s explicit prior consent; and
  • the consumer has declared that they thereby lose their right of withdrawal.

Article 11 – The price

During the validity period stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market beyond the entrepreneur’s control at variable prices. This link to fluctuations and the fact that any prices stated are indicative prices shall be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they result from statutory regulations or provisions; or
• the consumer has the right to terminate the agreement as from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.

Article 12 – Performance of agreement and additional guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.
Any additional guarantee provided by the entrepreneur, their supplier, manufacturer or importer never limits the legal rights and claims that the consumer may assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil their part of the agreement.

Article 13 – Delivery and execution

The entrepreneur shall exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address made known by the consumer to the entrepreneur.
With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed upon. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer shall be informed thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur shall immediately refund the amount paid by the consumer.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Continuing transactions: duration, termination and renewal

Termination:

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the previous paragraphs:

• at any time and not be limited to termination at a specific time or during a specific period;
• at least in the same manner as they were entered into by the consumer;
• always with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a definite period.
Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily newspapers, newspapers, weekly newspapers and magazines may be tacitly renewed for a definite period of no more than three months, provided that the consumer may terminate this renewed agreement towards the end of the renewal with a notice period of no more than one month.
An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily newspapers, newspapers, weekly newspapers and magazines.
An agreement with a limited duration for the regular introductory delivery of daily newspapers, newspapers, weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 15 – Payment

Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after concluding the agreement. In the case of an agreement for the provision of a service, this period commences on the day after the consumer has received confirmation of the agreement.
In the sale of products to consumers, the consumer may never be obliged under general terms and conditions to make an advance payment exceeding 50%. When advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
If the consumer fails to meet their payment obligation(s) on time, after the entrepreneur has pointed out the late payment and granted the consumer a period of 14 days to still meet their payment obligations, and payment is not made within this 14-day period, statutory interest shall be due on the outstanding amount and the entrepreneur shall be entitled to charge extrajudicial collection costs incurred by them. These collection costs amount to a maximum of:

• 15% on outstanding amounts up to €2,500;
• 10% on the following €2,500; and
• 5% on the next €5,000,with a minimum of €40.

The entrepreneur may deviate from the stated amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this complaints procedure.
Complaints regarding the execution of the agreement must be submitted to the entrepreneur fully and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within the 14-day period with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed response.
The consumer must in any case give the entrepreneur 4 weeks to resolve the complaint by mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 18 – Additional or deviating provisions

Additional provisions or provisions deviating from 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.

Privacy Policy BATU Kombucha Webshop

We are aware that you place your trust in us. We therefore see it as our responsibility to protect your privacy. On this page, we explain which data we collect when you use our website, why we collect this data and how we use it to improve your user experience. This way, you understand exactly how we operate.
This privacy policy applies to the services of Gulpener Bierbrouwerij B.V. Please be aware that Gulpener Bierbrouwerij B.V. is not responsible for the privacy policies of other websites and sources. By using this website, you indicate that you accept the privacy policy. Gulpener Bierbrouwerij B.V. respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially.

Our use of collected data

Use of our services

When you sign up for one of our services, we ask you to provide personal data. This data is used to perform the service. The data is stored on secure servers owned by Gulpener Bierbrouwerij B.V. or those of a third party. We will not combine this data with other personal data in our possession.

Communication

When you send us emails or other messages, it is possible that we retain those messages. Sometimes we ask for personal information relevant to the specific situation. This makes it possible to process your questions and respond to your requests. The data is stored on secure servers owned by Gulpener Bierbrouwerij B.V. or those of a third party. We will not combine this data with other personal data in our possession.

Cookies

We collect data for research purposes in order to gain a better understanding of our customers, so that we can tailor our services accordingly.
This website uses “cookies” to help analyse how users use the site. The information generated by the cookie about your use of the website may be transferred to secure servers owned by Gulpener Bierbrouwerij B.V. or those of a third party. We use this information to monitor how you use the website, to compile reports on website activity and to offer other services relating to website activity and internet usage.

Purposes

We do not collect or use information for purposes other than those described in this privacy policy unless we have obtained your prior consent.

Third parties

The information is not shared with third parties, with the exception of web applications that we use for the benefit of our webshop. This data will only be used for the purpose of the relevant application and will not be distributed further. In some cases, information may be shared internally. Our employees are obliged to respect the confidentiality of your data.

Changes

This privacy statement is tailored to the use of and possibilities on this site. Any adjustments and/or changes to this site may lead to changes in this privacy statement. It is therefore advisable to regularly consult this privacy statement.

Choices regarding personal data

• We offer all visitors the opportunity to view, modify or delete any personal information currently provided to us.
• Modify/unsubscribe newsletter service
• At the bottom of every mailing you will find the option to modify your details or unsubscribe.
• Modify/unsubscribe communication
• If you would like to modify your data or have yourself removed from our files, please contact us. See the contact details below.

Disabling cookies

Most browsers are set to accept cookies by default, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, it is possible that some functions and services on our and other websites may not function properly if cookies are disabled in your browser.

Questions and feedback

We regularly check whether we comply with this privacy policy. If you have any questions about this privacy policy, please contact us:
BATU Kombucha
Rijksweg 16, 6271 AE Gulpen
+31 (0)43-4507575
info@batukombucha.nl