Sales Terms and Conditions of Hyacinth wines

We recommend that you carefully review these Terms and Conditions to ensure you are fully aware of your rights and obligations under this Agreement. In these Terms and Conditions, you are referred to as the Customer. For convenience, we use masculine pronouns throughout, but where “he” is mentioned, it also refers to “she.” 

Article 1. Definitions

In these Terms and Conditions, the capitalized terms will be interpreted as follows:

  • Terms and Conditions: Refers to the terms and conditions outlined in this document used by MH&DL BV.
  • Seller: Refers to the producer, importer, distributor, wholesaler, or retailer of wine or spirits, who enters into a sales agreement with the buyer.
  • Buyer: Buyer: The individual or entity purchasing wine, craft beer, spirits, or related items from the seller.
  • Service: A service provided by MH&DL BV through the Website.
  • Hyacinth wines: Trademark name of wine brand owned by MH&DL BV
  • MH&DL: MH&DL, a private limited liability company with its office located at (1016HM) Amsterdam, Prinsengracht 417-E, Netherlands.
  • Agreement: The contract established between the Customer and MH&DL via written confirmation (Proforma invoice), wherein the Customer purchases a Product and/or Service from MH&DL.
  • Goods/Products: Wine, spirits, packaging, or related items sold or provided (free or otherwise) by the seller to the buyer.
  • Privacy Statement: The MH&DL Privacy Statement, which is accessible on the Website.
  • Website: The site owned by MH&DL BV, where Products and/or Services are offered.

Article 2. Applicability

These conditions apply to all sales agreements between the buyer and seller unless otherwise agreed in writing, regardless of whether the goods are delivered by the seller or through a third party. The seller will make these conditions available to the buyer before concluding the agreement. These conditions apply to all subsequent agreements unless expressly waived by the seller. The seller may alter or add to these terms, informing the buyer in writing. If no objections are raised within two weeks, the changes are considered accepted. The buyer may not transfer their rights and obligations under these terms to a third party without prior written consent from the seller. Any conditions set by the buyer are invalid, even if communicated to the seller after the seller’s conditions have been received.

Article 3. Offer and Formation of the Agreement

The Agreement is established when the Buyer accept the proforma invoice via email or on the phone and agrees to the Terms and Conditions stated on the price list shared.
Any offer made on the price list is non-binding and may be revoked by MH&DL immediately following an order.
MH&DL is not liable for obvious errors or typographical mistakes in the offer displayed on the price lists.

Article 4. General Sales Conditions stated on the price list

Minimum order = 1 mixed pallet (100 cases of 6), if less cases additional charges will apply
Minimum order quantities apply per winery

All mentioned prices are excluding Excise and VAT
Incoterm: EXW Amsterdam
Currency: Euro
100% Payment in advance
Payment terms: within 30 days after date of invoice.  Subject to insurance conditions
Price validity is updated on price list directly and communicated to the Buyer.

Products are sold first-in-first-out, vintages are subject to change and availability
This price list is subject to change and misprint

Article 5. Price and Payment

The applicable price for the Product and/or Service is the one displayed on the Proforma invoice. Prices are EXW Amsterdam and exclude VAT and excise duty unless agreed otherwise by the seller and the buyer on writing. Proforma invoice will therefore show the correct Incoterm for the transaction. Any additional costs, such as shipping or payment fees, will be clearly agreed via written consent by both parties.
Available payment methods are listed on the Price list. If the Buyer chooses a post-delivery payment method, the payment period is determined by the selected method as indicated on the Proforma invoice and invoice. The payment term is final.
If the Buyer exceeds the payment term or MH&DL is unable to collect the payment before the term ends, the Buyer is in default by law, regardless of any reminders or notices from MH&DL.
If the Buyer defaults on payment, MH&DL may assign the debt to a collection agency, and the Buyer will be responsible for covering any costs incurred by MH&DL, in accordance with the graduated judicial collection expenses scale (BIK).

Article 6. Delivery

Delivery is “ex seller” unless otherwise agreed. If “franco buyer” delivery is agreed, the seller chooses the transport will invoice transport costs to the Buyer, and risk transfers upon delivery to the buyer. Delivery times are target times; exceeding them allows the buyer to request delivery within a reasonable period. The buyer must accept goods on first presentation or bear the associated costs.

Article 7. Privacy

When visiting the Website and placing orders or providing login details, the Customer provides (personal) information to MH&DL, which will be handled in compliance with applicable laws and the Privacy Statement.

Article 8. Withdrawal and Complaints

The Customer has the right to withdraw from the Agreement within 14 days of receiving the Product or the commencement of the service, unless one of the exceptions in Article 6:230p of the Dutch Civil Code applies.
If the right of withdrawal applies, the Customer can exercise this right by completing and returning the model withdrawal form provided by MH&DL, along with any unwanted Products. The Customer bears the return shipping costs.
Upon withdrawal, the Customer must return any unwanted Products as soon as possible, but no later than 14 days after declaring the withdrawal.
MH&DL will refund any payments made by the Customer within 14 days of receiving the withdrawal form. However, MH&DL reserves the right to deduct any depreciation of the Product resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the Product.
If the Customer opted for a delivery method other than the standard method, MH&DL will only refund the costs of standard shipping.
Complaints regarding the Product or Service can be submitted to info@mhdl.nl. MH&DL will respond within a reasonable timeframe.

Article 9. Defects

Defect claims must be submitted in writing within 10 days of delivery. If damage or loss is visible, the buyer must note it on the transport document and send it to the seller. The seller may opt to compensate or replace the goods if a claim is found valid.

Article 10. Liability

MH&DL is not liable for indirect or consequential damages such as loss of profit, turnover, expected savings, goodwill, or reputational damage.
Where MH&DL is liable, liability is limited to the price of the Product and/or Service.

Article 11. Miscellaneous

The Customer may not transfer any rights or obligations under the Agreement to a third party.
The use of the Website, these Terms and Conditions, and the Agreement are governed exclusively by Dutch law.