General terms and conditions – Lierno Wines

Article 1 – Definitions

In these terms and conditions the following definitions apply:

1. Lierno Wines, part of DiLaVi-GROUP B.V.: the user of these general terms and conditions, established in Sint-Oedenrode, registered with the Chamber of Commerce under number 85176664.
2. Customer: any natural person or legal entity that enters into an agreement with Lierno Wines or submits a request to do so.
3. Products: wines and related items offered by Lierno Wines, with or without a custom-made design or packaging.
4. Agreement: any agreement between Lierno Wines and the customer concerning the delivery of products and services.

Article 2 – Applicability

1. These terms apply to all quotes, agreements, deliveries and services of Lierno Wines, unless expressly agreed otherwise in writing.
2. The customer’s general terms and conditions are expressly rejected, unless agreed otherwise in writing.
3. By signing a quote from Lierno Wines or by paying an invoice, the customer expressly agrees to these general terms and conditions.

Article 3 – Quotes and formation of the agreement

1. All quotes and price indications from Lierno Wines are non-binding, unless expressly stated otherwise.
2. An agreement is formed after Lierno Wines has confirmed the customer’s order in writing or has actually started carrying out the order.

Article 4 – Products and customisation

1. Lierno Wines supplies private label wines and custom designs. Designs are supplied by the customer or developed by Lierno Wines.
2. After written approval by the customer, designs and customisations are final and can no longer be changed free of charge.
3. Differences in quality and taste that are inherent to wine (for example per vintage) are no grounds for complaints or claims for damages.
4. The products supplied by Lierno Wines may only be used as gifts for the guests or customers of the company concerned. Resale without prior written permission from Lierno Wines is not permitted.

Article 5 – Runs and combinations

1. Minimum and maximum runs are agreed per project.
2. It is possible to combine different types of wine (for example red, white and rosé) within one order, provided the design is identical. These quantities count together towards the volume discount prices.

Article 6 – Delivery and transport

1. Delivery takes place from the storage of Lierno Wines, unless agreed otherwise in writing.
2. By default the entire order is delivered in one go to the location designated by the customer. Delivery directly to third parties or contacts is possible after consultation.
3. Delivery times are indicative. Exceeding a delivery time does not entitle the customer to compensation or dissolution of the agreement.

Article 7 – Packaging and presentation

1. Lierno Wines offers optional luxury packaging, neck labels and gift options.
2. Specific wishes regarding packaging and presentation are agreed in advance and recorded in writing.

Article 8 – Prices and payment

1. All prices are exclusive of VAT and any shipping and transport costs, unless stated otherwise in writing.
2. Invoices must be paid in full by the customer before delivery, unless agreed otherwise in writing.
3. In the event of late payment, Lierno Wines has the right to charge statutory interest and collection costs and to suspend further deliveries.

Article 9 – Cancellation and changes

1. Cancellation by the customer is only possible as long as production has not started.
2. Design and customisation costs are always charged in the event of cancellation.
3. Changes after approval may lead to additional costs and an adjusted delivery time.

Article 10 – Liability

1. Lierno Wines is only liable for direct damage, and only up to a maximum of the invoice amount of the delivery concerned.
2. Lierno Wines is never liable for indirect damage, including consequential damage, lost profits or immaterial damage.

Article 11 – Force majeure

1. Force majeure means any circumstance beyond the control of Lierno Wines that wholly or partially prevents performance of the agreement.
2. In the event of force majeure, Lierno Wines is entitled to suspend performance of the agreement or to dissolve it entirely, without being obliged to pay compensation.

Article 12 – Intellectual property

1. All designs, packaging and expressions developed by Lierno Wines remain the property of Lierno Wines until full payment has been received.
2. The customer guarantees that supplied materials (such as logos and texts) are free of third-party rights.

Article 13 – Applicable law and disputes

1. Dutch law applies exclusively to all agreements with Lierno Wines.
2. Disputes will be submitted to the competent court in the district of [insert place].