General Terms and Conditions of GRANDCRU GRAPES

(Updated November 2025 – applicable within the European Union)

Article 1 – Applicability

  1. These Terms and Conditions apply to all offers, quotations, sales, deliveries, and services provided by GRANDCRU GRAPES, located in Driehuis, the Netherlands (“GRANDCRU GRAPES”), whether made via the webshop, in person, or during tastings, events, or courses.

  2. By placing an order or attending an event, the Customer agrees to these Terms and Conditions.

  3. The applicability of any purchase or other conditions of the Customer is expressly excluded.

  4. If the Customer is a Consumer (a natural person acting outside their trade, business, craft, or profession), mandatory consumer protection provisions under EU and Dutch law prevail over any conflicting clause herein.

Article 2 – Offers, Quotations, and Prices

  1. All offers, quotations, and price lists from GRANDCRU GRAPES are non-binding unless they specify a validity period.

  2. Prices are stated in euros and include VAT where applicable, unless expressly stated otherwise.

  3. GRANDCRU GRAPES reserves the right to correct manifest errors or inaccuracies in prices or descriptions before shipment.

  4. GRANDCRU GRAPES may adjust prices due to external cost changes (e.g., taxes, duties, transport costs, or supplier increases).

  5. For Consumers, price increases within three (3) months of the order confirmation are only allowed where required by law or if linked to objectively verifiable cost factors. The Consumer may cancel the order in writing within eight (8) days of notification.

Article 3 – Formation of Agreement

  1. An agreement is concluded once GRANDCRU GRAPES confirms the order by email or by issuing an invoice.

  2. For webshop purchases, confirmation is automatic via the ordering system.

  3. GRANDCRU GRAPES reserves the right to refuse or cancel orders where fraud or error is suspected, or where legal restrictions (such as minimum drinking age) apply.

Article 4 – Delivery and Transfer of Risk

  1. Unless otherwise agreed, delivery is made to the address specified by the Customer.

  2. For Consumers, the risk of loss or damage transfers only when the goods are physically received by the Consumer or a person designated by them (Article 7:11 Dutch Civil Code).

  3. For Business Customers, risk transfers at the time of delivery to the carrier.

  4. Delivery times are indicative and do not constitute strict deadlines unless expressly agreed in writing.

  5. Partial deliveries may occur; each constitutes a separate transaction.

  6. If the Customer fails to accept delivery, GRANDCRU GRAPES may store the goods at the Customer’s expense and risk, without prejudice to the payment obligation.

  7. Delivery will only be made upon age verification by the courier. If the recipient cannot prove the minimum legal drinking age (18+), delivery will be refused and the order will be cancelled without refund of delivery costs.

Article 5 – Payment

  1. Unless otherwise stated, payment is due within ten (10) days of the invoice date.

  2. Payment must be made in the currency specified on the invoice, free of deductions or set-off.

  3. Objections to an invoice do not suspend payment obligations, except for Consumers where suspension is legally permitted.

  4. Upon default, statutory (commercial) interest applies in accordance with Dutch law (Articles 6:119 and 6:119a BW).

  5. GRANDCRU GRAPES may allocate payments first to costs, then to interest, and finally to principal amounts.

  6. All reasonable collection costs, both judicial and extrajudicial, are for the Customer’s account in accordance with the Voorwerk II guidelines.

  7. All bank charges for international payments shall be borne by the Customer.

Article 6 – Inspection and Complaints

  1. The Customer must inspect goods immediately upon receipt.

  2. Any visible damage or shortage must be reported in writing within forty-eight (48) hours.

  3. For Business Customers, complaints regarding visible defects must be submitted within ten (10) days after delivery; for hidden defects, within ten (10) days after discovery.

  4. For Consumers, complaints must be made within a reasonable time after discovery, in accordance with Article 7:23 BW (minimum two months deemed reasonable).

  5. Complaints do not suspend payment obligations unless required by law.

  6. GRANDCRU GRAPES must be given the opportunity to inspect and verify the complaint before any return or refund is accepted.

  7. Returns are only accepted with prior written authorization from GRANDCRU GRAPES and at the Customer’s risk.

  8. This clause does not affect the Consumer’s statutory rights under Dutch or EU consumer law.

Article 7 – Product Quality and Warranty

  1. GRANDCRU GRAPES guarantees that delivered products conform to the agreement and are suitable for normal use in the Netherlands at the time of delivery.

  2. Consumers are entitled to the statutory conformity guarantee of two (2) years under Dutch and EU law.

  3. Due to the natural characteristics of wine, GRANDCRU GRAPES cannot guarantee the taste, drinkability, or evolution of wines, particularly for older vintages.

  4. Wines may contain natural sediment or show age-related development; this does not constitute non-conformity.

  5. GRANDCRU GRAPES ensures authenticity and accurate description (producer, vintage, quantity) to the best of its knowledge, but cannot fully guarantee provenance or storage history when sourced from the secondary market.

  6. No compensation or replacement will be provided for cork taint (TCA), oxidation, or age-related deterioration, except where the product demonstrably fails to meet contractual description or is proven counterfeit.

  7. In cases of proven counterfeit wines, verified by an independent expert, GRANDCRU GRAPES may, at its sole discretion, refund or replace the item.

Article 8 – Liability

  1. GRANDCRU GRAPES’ liability is limited to the invoice value of the order, or the relevant part thereof.

  2. GRANDCRU GRAPES is not liable for indirect or consequential loss, including business interruption, loss of profit, or claims by third parties.

  3. These limitations do not apply where damage results from intent or gross negligence, or in cases where statutory liability cannot be excluded (e.g., product liability under Articles 6:185–6:187 BW).

  4. For Consumers, these limitations apply only to the extent permitted by mandatory law.

Article 9 – Right of Withdrawal (Consumers Only)

  1. Consumers purchasing via distance means (e.g., webshop) may withdraw from the contract within fourteen (14) days after receipt, without giving any reason, in accordance with Articles 6:230o–6:230s BW.

  2. To exercise this right, the Consumer must notify GRANDCRU GRAPES by email or in writing, using the model withdrawal form available on the website.

  3. The Consumer must return the goods within fourteen (14) days after notification and bear the direct cost of return.

  4. GRANDCRU GRAPES will refund payments within fourteen (14) days after receipt of returned goods.

  5. Exclusions: The right of withdrawal does not apply to:

    • Products subject to market fluctuations beyond GRANDCRU GRAPES’ control (e.g., investment wines);

    • Alcoholic beverages where delivery occurs more than 30 days after purchase and value depends on market variation;

    • Perishable goods or goods that may deteriorate quickly;

    • Goods not suitable for return for health protection or hygiene reasons, once unsealed;

    • Wines whose quality depends on storage and handling by the Consumer.

  6. Where the right of withdrawal is excluded, this will be clearly stated before the conclusion of the contract.

Article 10 – Force Majeure

  1. GRANDCRU GRAPES is not liable for any delay or failure in performance caused by events beyond its reasonable control, including but not limited to strikes, transport disruptions, supply shortages, government measures, extreme weather, pandemics, or natural disasters.

  2. In the event of force majeure exceeding sixty (60) days, either party may terminate the agreement in writing.

  3. Amounts already paid for undelivered goods will be refunded.

Article 11 – Retention of Title

  1. Delivered goods remain the property of GRANDCRU GRAPES until all amounts due have been paid in full.

  2. The Customer may not pledge or resell goods subject to retention of title, except in the ordinary course of business.

  3. The Customer must keep such goods properly insured and identifiable.

Article 12 – Tastings, Courses, and Events

  1. GRANDCRU GRAPES may change event dates or locations for organizational reasons. Participants may cancel free of charge if the new date or location is unsuitable.

  2. If events cannot occur due to external circumstances, they may be held online without entitlement to a refund, unless otherwise agreed.

  3. Cancellation by the Customer is subject to the following charges:

    • Up to 21 days before the event: 25% fee;

    • Up to 14 days: 50% fee;

    • Up to 7 days: 75% fee;

    • Within 7 days: no refund.

  4. If the minimum participant number is not reached, GRANDCRU GRAPES may cancel the event and refund all payments.

Article 13 – Penalties and Costs

  1. Any unauthorized alteration or resale of products in violation of Article 11 or 12 may result in a penalty up to €5,000, proportional to the severity of the breach.

  2. GRANDCRU GRAPES reserves the right to claim actual damages exceeding the penalty amount.

  3. All reasonable legal and extrajudicial costs to enforce these Terms are borne by the Customer.

Article 14 – Privacy and Personal Data

  1. GRANDCRU GRAPES processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and Dutch privacy law.

  2. The Privacy Policy available on the GRANDCRU GRAPES website explains the purposes, retention periods, and rights of data subjects.

  3. By ordering or registering, the Customer consents to the processing of their data for order execution and customer relationship management.

Article 15 – Governing Law and Dispute Resolution

  1. These Terms and all related agreements are governed exclusively by Dutch law, excluding the UN Convention on the International Sale of Goods (CISG).

  2. Disputes shall be submitted to the competent court in Amsterdam, the Netherlands, unless mandatory consumer law requires another venue.

  3. Consumers residing in another EU Member State retain the protection of mandatory provisions of their home country.

  4. The English version of these Terms shall prevail in case of translation discrepancies.

  5. Consumers may also submit disputes through the European Online Dispute Resolution (ODR) Platform: https://ec.europa.eu/consumers/odr/

Article 16 – Age Verification and Alcohol Sales

  1. Legal Age Requirement
    GRANDCRU GRAPES sells alcoholic beverages only to persons who have reached the minimum legal drinking age of eighteen (18) years, or any higher minimum age applicable in the Customer’s country of residence. By placing an order, the Customer explicitly confirms that they meet this age requirement.

  2. Age Declaration at Checkout
    During the online ordering process, Customers must actively tick a checkbox confirming:
    “I confirm that I am at least 18 years old (or 21 if required in my country), have read and agree to the Terms and Conditions and Privacy Policy, and understand that my ID may be checked upon delivery.” GRANDCRU GRAPES will record the Customer’s declaration, order timestamp, and technical identifiers (such as IP address) solely for evidential and compliance purposes.

  3. Age Verification upon Delivery
    Delivery of alcoholic products will only be made after age verification by the courier or delivery service. The courier is authorised to request valid government-issued identification proving that the recipient has reached the legal drinking age. If age verification cannot be completed, the courier will refuse delivery. In such a case, GRANDCRU GRAPES may cancel the order; product and shipping costs will not be refunded.

  4. In-Store Sales and Tastings
    For physical sales, tastings, or courses involving alcohol, GRANDCRU GRAPES staff are authorised to verify identification and may refuse service to anyone unable to prove legal drinking age.

  5. False Declarations
    Providing false age information or attempting to circumvent verification procedures constitutes a breach of these Terms and may lead to cancellation of the order and reporting to the relevant authorities.

  6. Data Protection and Retention
    Any personal data processed for age verification, including date of birth or limited ID details, will be handled in accordance with the General Data Protection Regulation (GDPR) and GRANDCRU GRAPES’ Privacy Policy. Such data will be retained only as long as necessary to demonstrate legal compliance and will then be securely deleted or anonymised.

  7. Compliance with National Laws
    Customers are responsible for ensuring that import, purchase, and consumption of alcoholic beverages comply with the laws of their country of residence. GRANDCRU GRAPES accepts no liability for orders that contravene local alcohol or import restrictions.

Article 17 – Final Provisions

  1. If any provision of these Terms is declared invalid or unenforceable, the remaining provisions shall remain in full force.

  2. The invalid clause will be replaced by a valid one that most closely reflects the original intent and legal purpose.

  3. GRANDCRU GRAPES may amend these Terms from time to time. The version published on the official website at the time of the transaction shall apply.

 

Download the General Terms and Conditions (PDF)