General terms and conditions – Lierno Wines

Article 1 – Definitions.

In these terms and conditions, the following definitions shall apply:

1. Lierno Wines, part of DiLaVi-GROUP B.V.: the user of these general terms and conditions, established in Sint-Oedenrode, registered with the Chamber of Commerce under number 85176664.
2. Customer: any natural or legal person who concludes or applies for an agreement with Lierno Wines.
3. Products: wines and related items offered by Lierno Wines, with or without custom design or packaging.
4. Agreement: any agreement between Lierno Wines and the customer regarding the supply of products and services.

Article 2 – Applicability.

1. These terms and conditions apply to all offers, agreements, deliveries and services of Lierno Wines, unless expressly agreed otherwise in writing.
2. General terms and conditions of the customer are expressly rejected unless otherwise agreed in writing.
3. By signing an offer from Lierno Wines or by paying an invoice, the client expressly agrees to these terms and conditions.

Article 3 – Quotations and formation of agreement

1. All offers and quotations from Lierno Wines are non-binding unless expressly stated otherwise.
2. An agreement is established after Lierno Wines confirms the customer’s order in writing or actually executes the order.

Article 4 – Products and customization

1. Lierno Wines provides private label wines and custom designs. Designs are provided by the client or developed by Lierno Wines.
2. After written approval by the customer, designs and customizations are final and cannot be changed at no cost.
3. Quality and taste differences inherent in wine (for example, by vintage) are not grounds for complaints or claims for damages.
4. The products supplied by Lierno Wines may only be used for serving to guests or customers of the company in question. Resale without prior written consent of Lierno Wines is not permitted.

Article 5 – Circulations and combinations

1. Minimum and maximum print runs are agreed upon for each project.
2. It is possible to combine different wine types (for example, red, white and rosé) within one order, provided the design is the same. These quantities jointly count towards the graduated prices.

Article 6 – Delivery and transportation

1. Delivery shall be made from Lierno Wines’ warehouse, unless otherwise agreed in writing.
2. By default, the entire order is delivered at once to the customer’s designated location. Delivery directly to third parties or relations is possible after consultation.
3. Delivery times are indicative. Exceeding a delivery time does not entitle the customer to compensation or dissolution of the agreement.

Article 7 – Packaging and presentation

1. Lierno Wines offers optional luxury packaging, neck labels and gift options.
2. Specific wishes regarding packaging and presentation are coordinated in advance and recorded in writing.

Article 8 – Prices and payment

1. All prices are exclusive of VAT and any shipping and transportation costs unless otherwise stated in writing.
2. Invoices must be paid in full by the customer prior to delivery, unless otherwise agreed in writing.
3. In case of late payment, Lierno Wines has the right to charge legal interest and collection costs and to suspend further deliveries.

Article 9 – Cancellation and changes

1. Cancellation by the customer is possible only as long as production has not started.
2. Design and customization fees are always charged in the event of cancellation.
3. Changes after agreement may result in additional costs and adjusted delivery time.

Article 10 – Liability

1. Lierno Wines is only liable for direct damages, and only up to a maximum of the invoice amount of the delivery in question.
2. Lierno Wines shall never be liable for indirect damages, including consequential damages, lost profits or immaterial damages.

Article 11 – Force majeure

1. Force majeure is defined as any circumstance independent of the will of Lierno Wines that prevents fulfillment of the agreement in whole or in part.
2. In the event of force majeure, Lierno Wines is entitled to suspend the execution of the agreement or dissolve it entirely, without being liable for compensation.

Article 12 – Intellectual property

1. All designs, packaging and expressions developed by Lierno Wines remain the property of Lierno Wines until full payment is received.
2. The client guarantees that supplied materials (such as logos and texts) are free of third-party rights.

Article 13 – Applicable law and disputes.

1. All agreements with Lierno Wines are exclusively governed by Dutch law.
2. Disputes will be submitted to the competent court in the district of [insert location].