Terms & Conditions
## Article 1 – Definitions
In these Terms and Conditions, the following definitions apply:
Withdrawal Period: the period during which the consumer may exercise their right of withdrawal.
Consumer: the natural person who is not acting for purposes relating to a trade, business, or profession and who enters into a distance contract with the entrepreneur.
Day: calendar day.
Fixed-Term Transaction: a distance contract relating to a series of products and/or services, where the obligation to supply and/or purchase is spread over time.
Durable Medium: any means that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation and unchanged reproduction of the stored information.
Right of Withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period.
Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers.
Distance Contract: a contract concluded within an organized system for the remote sale of products and/or services, whereby one or more means of distance communication are used exclusively up to and including the conclusion of the contract.
Means of Distance Communication: any method that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same place.
General Terms and Conditions: these General Terms and Conditions of the entrepreneur.
## Article 2 – Identity of the Entrepreneur
Company Name: Victoria E-Commerce
Chamber of Commerce Number, NL : 96325771
Trade Name: Trophy Edition
VAT Number: NL005204064B44
Customer Service Email: info@vicora.eu
Business Address: Novicenstraat 5d, The Netherlands
## 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, it will be indicated before the contract is concluded that the General Terms and Conditions can be inspected at the entrepreneur’s premises and will be sent free of charge upon request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may be provided electronically in such a way that the consumer can easily store them on a durable medium.
If this is not reasonably possible, it will be indicated where the General Terms and Conditions can be viewed electronically and that they will be sent free of charge upon request, electronically or otherwise.
If specific product or service conditions also apply, the above provisions apply accordingly, and in the event of conflicting conditions, the consumer may always invoke the provision that is most favorable to them.
If one or more provisions of these Terms and Conditions are found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be replaced by a provision that most closely reflects its original intent.
Situations not covered by these Terms and Conditions shall be assessed in accordance with the spirit of these Terms and Conditions.
Any ambiguities regarding the interpretation or content of one or more provisions shall be interpreted in accordance with the spirit of these Terms and Conditions.
## Article 4 – The Offer
If an offer has a limited period of validity or is subject to specific conditions, this shall be explicitly stated in the offer.
All offers are non-binding. The entrepreneur reserves the right to modify and adjust offers.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer.
If the entrepreneur uses images, they accurately represent the products and/or services offered. Obvious errors or mistakes in the offer are not binding on the entrepreneur.
All images, specifications, and information in the offer are indicative and cannot give rise to compensation or cancellation of the agreement.
Product images are intended to provide a truthful representation of the products offered. However, the entrepreneur cannot guarantee that displayed colors exactly match the actual colors of the products.
Each offer contains sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer. This includes, in particular:
- The price, excluding customs clearance fees and import VAT where applicable;
- Any shipping costs;
- The manner in which the agreement will be concluded and the actions required;
- Whether or not the right of withdrawal applies;
- The method of payment, delivery, and execution of the agreement;
- The acceptance period of the offer or the period during which the entrepreneur guarantees the stated price;
- The cost of distance communication if different from the standard rate;
- Whether the agreement is archived after conclusion and how it can be accessed by the consumer;
- The manner in which the consumer can check and correct information before concluding the agreement;
- Any languages in which the agreement may be concluded in addition to Dutch;
- Any codes of conduct to which the entrepreneur is subject and how they can be consulted electronically;
- The minimum duration of the distance contract in the case of a fixed-term transaction.
Optional: available sizes, colors, and materials.
## Article 5 – The Agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and fulfills the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur shall promptly confirm receipt of the acceptance electronically. As long as this confirmation has not been received, the consumer may terminate the agreement.
If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure online environment. If electronic payment is possible, appropriate security measures will be implemented.
The entrepreneur may, within legal limits, verify whether the consumer can fulfill their payment obligations, as well as all facts and factors relevant to responsibly entering into the distance contract. If the entrepreneur has valid grounds not to proceed based on this investigation, they are entitled to refuse an order or attach special conditions to its execution.
The entrepreneur shall provide the consumer, in writing or in a manner that allows storage on a durable medium, with the following information:
- The business address where the consumer may submit complaints;
- The conditions and procedures for exercising the right of withdrawal, or a clear statement regarding its exclusion;
- Information concerning warranties and after-sales services;
- The information referred to in Article 4, paragraph 3, unless already provided before execution of the agreement;
- The conditions for terminating the agreement if it has a duration exceeding one year or is of indefinite duration.
In the case of a fixed-term transaction, the provisions of the previous paragraph apply only to the first delivery.
Every agreement is concluded subject to the availability of the products concerned.
## Article 5A – Age Restriction (18+)
By placing an order on Trophy Edition, the customer confirms that they are at least 18 years old or have reached the legal drinking age in their country of residence, whichever is higher.
Trophy Edition does not knowingly sell alcoholic beverages to minors. We reserve the right to refuse, cancel, or refund any order if we reasonably believe that the purchaser does not meet the legal age requirements.
The customer is responsible for ensuring that the purchase, importation, possession, and consumption of alcoholic products comply with all applicable laws and regulations in their country, state, or region.
Trophy Edition and its shipping partners may require age verification upon delivery. Failure to provide valid proof of age may result in the order being refused or returned.
No refunds will be issued for orders refused due to failure to meet legal age requirements or failure to provide age verification when requested.
Article 6 – Right of Withdrawal
When purchasing products, the consumer has the right to cancel the agreement without giving any reason within 60 days. This withdrawal period begins on the day after the consumer, or a representative designated by the consumer and communicated to the entrepreneur, receives the product.
During the withdrawal period, the consumer shall handle the product and its packaging with care. The product may only be unpacked or used to the extent necessary to determine whether the consumer wishes to keep it.
If the consumer exercises the right of withdrawal, the product must be returned to the entrepreneur with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 60 days of receiving the product by means of a written notice or email.
After notifying the entrepreneur of their decision to withdraw, the consumer must return the product within 60 days to the original return location. The consumer must be able to prove that the goods were returned on time, for example by providing proof of shipment.
If the consumer has not notified the entrepreneur of their intention to exercise the right of withdrawal or has not returned the product within the specified period, the purchase becomes final.
Article 7 – Costs in the Event of Withdrawal
If the consumer exercises the right of withdrawal, the costs of returning the products shall be borne by the consumer.
If the consumer has made a payment, the entrepreneur shall refund the amount as soon as possible and no later than 14 days after the withdrawal, provided that the product has been received by the entrepreneur or conclusive proof of complete return has been supplied.
Article 8 – Exclusion of the Right of Withdrawal
The entrepreneur may exclude the consumer’s right of withdrawal for the products described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer or at least before the conclusion of the agreement.
The right of withdrawal may only be excluded for products:
- Manufactured according to the consumer’s specifications;
- Clearly personal in nature;
- Which cannot be returned due to their nature;
- Which are liable to deteriorate or expire rapidly;
- Whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
- Newspapers and magazines sold individually;
- Audio and video recordings and computer software whose seal has been broken by the consumer;
- Hygienic products whose seal has been broken by the consumer;
- Alcoholic beverages whose seal has been broken, removed, or tampered with after delivery due to hygiene, food safety, and quality-control reasons.
The right of withdrawal may also be excluded for services:
- Relating to accommodation, transport, catering, or leisure activities to be provided on a specific date or during a specific period;
- Whose performance has begun with the consumer’s explicit consent before the withdrawal period has expired;
- Relating to betting and lotteries.
Article 9 – Pricing
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for changes in VAT rates.
Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices if those prices are linked to fluctuations in the financial market beyond the entrepreneur’s control.
Price increases within three months of the conclusion of the agreement are only permitted if they result from legal regulations.
Price increases after three months are only permitted if:
- They result from legal regulations; or
- The consumer has the right to terminate the agreement from the date the price increase takes effect.
In accordance with Article 5(1) of the Dutch VAT Act of 1968, the place of supply is deemed to be the country where the transport begins. In this case, the delivery takes place outside the European Union.
As a result, the postal or courier service may collect import VAT and customs clearance fees from the recipient. The entrepreneur therefore does not charge VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors.
Article 10 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, and the reasonable requirements of reliability and usability.
Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s statutory rights.
Any defects or incorrectly delivered products must be reported in writing within 30 days of delivery.
The warranty period corresponds to the manufacturer’s warranty period.
The warranty does not apply if:
- The consumer has repaired or modified the products themselves;
- The products have been exposed to abnormal conditions or handled negligently;
- The defect results from government regulations concerning the materials used.
Article 11 – Delivery and Performance
The entrepreneur shall exercise the greatest possible care when receiving and executing orders.
The place of delivery shall be the address provided by the consumer.
Accepted orders will be fulfilled as quickly as possible and no later than 30 days after the order has been placed.
If delivery is delayed or cannot be fulfilled, the consumer will be informed no later than 30 days after placing the order.
In the event of cancellation, any refund will be made within 14 days.
The risk of damage or loss remains with the entrepreneur until the moment of delivery to the consumer.
Article 12 – Fixed-Term Transactions
The consumer may terminate an agreement entered into for an indefinite period at any time, subject to a notice period of no more than one month.
A fixed-term agreement may be terminated at the end of the agreed term, subject to a notice period of no more than one month.
Article 13 – Payment
Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days.
The consumer is obliged to report any inaccuracies in payment details immediately.
In the event of non-payment, the entrepreneur may charge reasonable costs that have been communicated to the consumer in advance.
Article 14 – Complaints Procedure
Complaints must be submitted within 7 days of the consumer discovering the issue.
Complaints will be handled within 14 days.
If a complaint cannot be resolved amicably, the dispute may be submitted to a dispute resolution procedure.
Article 15 – Disputes
All agreements between the entrepreneur and the consumer shall be governed exclusively by Dutch law, even if the consumer resides outside the Netherlands.
Article 16 – CESOP
As a result of measures introduced in 2024 regarding amendments to VAT legislation (implementation of the Payment Service Providers Directive), payment service providers may register certain transaction data in the European CESOP system.
Voor een whiskywinkel zou ik daarnaast nog een extra artikel toevoegen over Alcohol Sales & Age Verification (18+), zodat je juridisch sterker staat dan alleen een losse passage in de voorwaarden.