Terms & Conditions

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1. Company Information

These Terms & Conditions apply to all offers, orders, and agreements made with:

Andino Wijn V.O.F.
Registered in the Netherlands
(“Andino Wijn”, “we”, “us”, “our”)

Andino Wijn is a general partnership (VOF – Vennootschap onder firma). The partners are jointly and severally liable for the obligations of the business under Dutch law.

2. Scope and Applicability (B2B Only)

These Terms & Conditions apply exclusively to business customers, including but not limited to restaurants, hotels, bars, caterers, and other commercial entities.

By placing an order, the customer confirms that they are acting in the course of a business and not as a consumer.

Consumer protection rights applicable to B2C transactions do not apply.

3. Orders and Contract Formation

All offers made by Andino Wijn are non-binding unless explicitly stated otherwise.

An order becomes binding only after:

• Order confirmation by Andino Wijn, and
• Successful payment or agreed credit terms

We reserve the right to refuse or cancel any order in case of:

• Suspected misuse or fraud
• Pricing or listing errors
• Supply limitations
• Non-compliance with payment terms

4. Pricing and Payment

All prices are stated in EUR (€) and may be exclusive or inclusive of VAT, as indicated.

Shipping costs are not included unless explicitly stated.

5. Payment terms

• Payment is required in full before dispatch unless otherwise agreed in writing
• Orders will not be shipped until payment has been received and cleared
• Where credit terms are agreed, payment must be made within the agreed invoice term

6. Late or failed payments

In case of late payment, Andino Wijn reserves the right to:

• Charge statutory commercial interest under Dutch law
• Charge reasonable collection and administration costs
• Suspend or cancel outstanding deliveries
• Transfer the claim to a debt collection agency

7. Delivery

Delivery times are indicative only and not guaranteed.

We are not liable for delays caused by:

• Logistics providers
• Customs procedures
• Force majeure events
• Supply chain disruptions

8. Transfer of risk

Risk of loss or damage passes to the customer upon delivery.

9. Inspection and Complaints

The customer must inspect goods immediately upon delivery.

Any complaints regarding:

• damage
• incorrect delivery
• missing products

must be reported in writing within 48 hours of delivery.

After this period, goods are deemed accepted.

10. Returns and Refunds (B2B Policy)

As all transactions are conducted on a business-to-business basis, there is no statutory right of withdrawal or return.

Returns are only accepted under the following conditions:

• Products are defective or damaged upon delivery
• Incorrect items were delivered by Andino Wijn
• Prior written approval has been granted by Andino Wijn

Approved returns must be returned in their original condition where applicable.

11. Product Availability and Substitutions

All products are subject to availability.

We reserve the right to:

• Substitute products with equivalent alternatives (subject to approval where reasonable)
• Discontinue products without prior notice
• Adjust vintage or label variations depending on supply

12. Liability

Andino Wijn shall only be liable for direct damages resulting from intent or gross negligence.

To the maximum extent permitted by law:

• We are not liable for indirect or consequential damages, including loss of profit, revenue, or business opportunities
• Liability is limited to the invoice value of the specific order in question

Nothing in these Terms excludes liability that cannot be excluded under Dutch law.

13. Force Majeure

Andino Wijn is not liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to:

• Transport disruptions
• Customs delays
• Supplier shortages
• Natural disasters
• Government actions
• Pandemics or similar events

In such cases, obligations may be suspended or adjusted accordingly.

14. Retention of Title

All delivered goods remain the property of Andino Wijn until full payment has been received.

If payment is not made in full, we reserve the right to reclaim delivered goods where legally permitted.

15. Intellectual Property

All content on https://andinowijn.com, including branding, text, images, and design, remains the intellectual property of Andino Wijn unless otherwise agreed in writing.

No content may be used or reproduced without prior consent.

16. Confidentiality

Both parties agree to treat any non-public commercial information exchanged as confidential and not disclose it to third parties without consent.

17. Governing Law and Jurisdiction

These Terms & Conditions are governed exclusively by the laws of the Netherlands.

Any disputes shall be submitted to the competent court in the Netherlands.

18.Final Provisions

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.