ARTICLE 1. | DEFINITIONS
In these general terms and conditions the following terms, stated in singular and plural, which are used in the following meaning, insofar as the nature or scope of the provisions do not state otherwise.
- A. Cheese Store: Old Amsterdam Cheese Store B.V.: the user of these general terms and conditions, having its registered office at Damrak 62, 1012 LM in Amsterdam, registered in the Trade Register under Chamber of Commerce number 57058571.
- Other party: any individual or legal entity or government body with whom/which G.A. Cheese Store has concluded an agreement or intends to do so.
- Reseller: the reseller referred to in the preceding provision, either a legal entity or a natural person acting within a profession or on behalf of a company, who/which acts as reseller of tickets for the purposes of the agreement.
- Parties: the parties to the agreement; G.A. Cheese Store and the other party jointly.
- Participant: anyone actually taking part in a tasting by G.A. Cheese Store, or sometimes also the other party.
- Agreement: any agreement between G.A. Cheese Store and the other party that provides for:
- the purchase by the other party (usually a consumer), directly from G.A. Cheese Store of one or more tickets for participation in a certain tasting facility by the participant(s); OR
- the collaboration between the reseller and G.A. Cheese Store whereby the other party sells tickets for tasting sessions for own risk and account, in return of which the participants can take part in the relevant tasting session.
- Website: the website of G.A. Cheese Store, oldamsterdamcheesestore.com on which tickets can be sold as part of the agreements referred to in the preceding subsection under a.
- Tasting facility: the wine and/or cheese tasting session organised by G.A. Cheese Store on a certain day, during a certain time, in which the participant takes part.
- Ticket: the proof of access by which the participant gains access to the tasting session.
- In writing: both traditional written communication as well as digital communication saved on a durable data carrier, such as email communication.
ARTICLE 2. | GENERAL PROVISIONS
- These general terms and conditions apply to any offer of G.A. Cheese Store and any concluded agreement.
- That stated in these general terms and conditions can only explicitly be deviated from in writing. If and insofar as the parties have explicitly agreed otherwise in writing in deviation from that stated in these general terms and conditions, then that explicitly agreed in writing by the parties applies.
- The dissolution or nullification of one or more of the provisions in these general terms and provisions does not affect the validity of the other clauses. In such an event, the parties are obliged to discuss a new provision to replace the provision in question, thereby taking into account the aim and the intent of the original provision.
- If the other party concludes the agreement on behalf of other individuals or legal entities, he states that he is authorized to do so before entering into the agreement. The other party and that individual or legal entity is severally liable for meeting the obligations resulting from that agreement.
ARTICLE 3. | PURCHASE TICKETS DIRECTLY FROM G.A. CHEESE STORE (ART. 1.6a)
- As long as tickets are available, tickets can be purchased via the website or at the actual shop locations. Each offer of tickets is free of obligation and is concluded subject to sufficient availability of tickets and seats.
- Apparent errors and mistakes in the offer made by G.A. Cheese Store are not binding.
- Notwithstanding that stated in subsection 1, the agreement within the meaning of article 1.6a is concluded by supply and acceptance, though subject to the reservation that the other party complies with all the terms and conditions stated in or with the offer. A purchase of one or more tickets via the order procedure on the website is confirmed by G.A. Cheese Store as soon as possible by email to the other party, notwithstanding that stated in subsection 1.
- G.A. Cheese Store retains the right to cancel the purchase of a ticket immediately upon concluding the agreement if it is forced to do so as a result of an overbooking or force majeure. G.A. Cheese Store will therefore immediately notify the other party of such a cancellation.
- After purchasing a ticket via the website, the other party receives the ticket at the email address the other party has provided.
No right of dissolution
Because the agreement within the meaning of article 1.6a is concluded via an ordering process on the website, the providing of services with regard to leisure time activities and the agreement provides a certain period of compliance, within the meaning of article 6:230p of the Dutch Civil Code. The other party is not entitled to the statutory right of dissolution. The purchase of tickets cannot be cancelled by the other party.
Price and payment
- The total price of the tickets, including VAT and other costs is stated no later than upon the purchase thereof. Other costs does not include the costs that are inextricably linked to the access of the tasting location, such as parking costs.
- Payment of the tickets purchased via the website is electronically in advance on the website, in the manner prescribed by G.A. Cheese Store. The payment of tickets at the ticket desk on the tasting location must be made in cash, unless otherwise is explicitly stated. G.A. Cheese Store is not complied to provide the other party or the participants with the tickets before the advance payment has been completed.
ARTICLE 4. | AGREEMENTS WITH RESELLERS (ART. 1.6b)
- Unless explicitly agreed otherwise, the other party acting as reseller as part of the agreement (agreement within the meaning of article 1.6b) is responsible, for his own account and risk, for the providing of the e-tickets or hard copy tickets as these are offered and sold by the other party to its customers, whereby the tickets will at least contain the following elements:
- the company logo of G.A. Cheese Store as made available by G.A. Cheese Store to the other party, as well as the name “Old Amsterdam Cheese Store”;
- a clear reference of the type of tasking the tickets relate to;
- the location, date and time the relevant tasting takes place;
- the price of the ticket, including VAT;
- a unique bar code for each ticket; the bar codes are made available by G.A. Cheese Store to the other party, or made by the other party subject to prior conditions imposed by G.A. Cheese Store.
- The other party sells the tickets for own account and risk. Each ticket to be sold by the other party must be recorded in the reservation system of G.A. Cheese Store in the manner prescribed by G.A. Cheese Store, or notified to G.A. Cheese Store by email to the email address provided to the other party for this purpose upon the other party’s request. G.A. Cheese Store does not guarantee the participant its participation in a tasting session before G.A. Cheese Store has confirmed the relevant request for participation via the reservation system or an email message to the other party. The situation whereby the request for participation on the basis of a certain ticket cannot be confirmed due the non-availability of the tasting facility, including the situation whereby the tasting facility was already fully booked, is held by the other party. A request via the reservation system is usually immediately confirmed or denied. If the other party chooses to submit its requests via email, then the period between the request being made and the confirmation or rejection will take longer. The other party indemnifies G.A. Cheese Store against all claims of third parties, including the purchasers of tickets, based on the position that a ticket sold by the reseller for the participant does not constitute a claim on the participation in the tasting if:
- the other party fails to request the ticket pursuant to that stated in the foregoing of this subsection; or
- there is insufficient availability at the tasting facility already before G.A. Cheese Store has confirmed or denied the request as stated above.
- A cancellation of requests within the meaning of the preceding subsection is only possible if and insofar such has explicitly been stated by G.A. Cheese Store. If and insofar as the other party accepts the return of the tickets or applies the repayment to its customers without the requests being eligible for cancellation, then the sales price of the tickets will still be invoiced to the other party.
ARTICLE 5. | CANCELLATION OF TASTINGS BY G.A. CHEESE STORE
- G.A. Cheese Store is authorised to cancel a tasting if the compliance thereof is impossible due to abnormal or unforeseeable circumstances that arise beyond the control of G.A. Cheese Store and the consequences of which cannot be avoided by G.A. Cheese Store, despite all the preventative measures taken.
- The other party who has purchased one or multiple tickets directly from G.A. Cheese Store (article 1.6a), will, in the event of cancellation as referred to in the preceding subsection, be entitled to repayment of the price paid for the ticket, without G.A. Cheese Store being liable to payment of any further damage. The repayment will be done as soon as possible, though no later than fourteen days after G.A. Cheese Store has informed the other party of the cancellation.
- The tickets sold by the other party as reseller will not be invoiced if and insofar as this involves a cancellation within the meaning of subsection 1. G.A. Cheese Store is not complied with payment of any further damage.
ARTICLE 6. | ACCESS TO THE TASTING FACILITY
- The ticket is provided once and entitles one person access to the tasting session specified on the ticket (approx. one hour), unless otherwise is stated. In the event of e-tickets, the participant must show the ticket on the basis of his smartphone or a similar device, in the absence of which a printed copy of the e-ticket must be shown.
- Entering the tasting location and areas around and near the tasting facility is at the own risk of the participant.
- The ticket gives the holder thereof right to access the tasting. Only the holder of a valid ticket who showed the ticket first at the entrance will be given access to the tasting. G.A. Cheese Store can assume that the holder of a valid ticket is also the legally entitled person thereof. G.A. Cheese Store is not complied to perform any additional inspection with regard to the tickets. The participant must ensure that he becomes and remains the holder of the ticket provided by G.A. Cheese Store.
- The participant must be able to show his ticket upon request. G.A. Cheese Store retains the right to deny participants access to the tasting or to remove them from the tasting if the participant fails to show the ticket, or if the denial of access of removal from the tasting is necessary in order to maintain public order and safety during the tasting session. No claim can be made for any repayment of any sums or compensation of any other damage by or on behalf of the participant who has been denied access to the tasting session or has been removed from the tasting facility.
ARTICLE 7. | HOUSE RULES AND ORDER REQUIREMENTS
- Specific rules may apply with regard to the order requirements and house rules; these will be notified upon concluding the agreement or on location.
- The participant must comply with the requirements, house rules and/or changes thereof and follow the instructions of G.A. Cheese Store, the staff and other competent persons or authorities.
- In the event of a violation of the foregoing, G.A. Cheese Store is authorised to immediately remove the participant from the tasting location. No (further) claim can be made for any repayment of any sums or compensation of any other damage by or on behalf of the participant who has been denied access to the tasting session or has been removed from the tasting facility.
ARTICLE 8. | LIABILITY AND INDEMNIFICATION
- G.A. Cheese Store will endeavour, to the extent possible, to perform the programme of the tasting in accordance with the time schedule announced. However, G.A. Cheese Store is not liable for deviations in that schedule.
- G.A. Cheese Store can never be held liable for indirect damage and damage resulting from death, injury, accidents, grievance, loss, damage or theft. Entering the tasting location and areas around and near the tasting facility is at the own risk of the participant. G.A. Cheese Store is never liable for any damage suffered by the participant in respect of the visit to the tasting location, including theft of the participant’s property in the unguarded wardrobe.
- However, should G.A. Cheese Store be liable for any damage despite that stated in these general terms and conditions, this liability will be limited to the invoiced value of the agreement concerning the purchase of tickets, for the part of the agreement to which the liability of G.A. Cheese Store relates. If the foregoing in this subsection is unreasonably burdensome in certain circumstances, the liability of G.A. Cheese Store is maximised at EUR 500 per damage-causing event for which G.A. Cheese Store were liable, whereby a series of related events are regarded as one event.
- In deviation of the statutory validity period, the validity period of all the claims and defences in respect of G.A. Cheese Store is limited to one year.
- The liability limiting clauses of these general terms and conditions does not apply if and insofar as the damage causing event is the result of intent or deliberate recklessness of G.A. Cheese Store.
- The other party indemnifies G.A. Cheese Store against any claims of third parties that suffer damages in relation to the performance of the agreement and the cause can be attributed to other(s) than G.A. Cheese Store.
ARTICLE 10. | FINAL PROVISIONS
- Each agreement and any resulting legal relations between the parties are exclusively subject to Dutch law.
- Before bringing a matter before the court, the parties must first try to resolve the matter amicably between themselves.
- Insofar as this is not deviated from by mandatory law, then only the competent court of Amsterdam will be appointed to settle any legal disputes.
- If these general terms and conditions are available in multiple languages, the Dutch language version of these general terms and conditions are always leading for the explanation of the clauses contained therein.