Terms and Conditions

Content

1 – Definitions
2 – Application
3 – Agreement
4 – Orders and cooling-off period
5 – Price
6 – Gift voucher
7 – Cancellation and force majeure
8 – Intellectual property
9 – Complaints
10 – Dispute resolution
11 – Confidentiality
12 – Alcohol consumption

1 – Definitions

To understand what we mean by what

– Cloud Wine: the company that offers products and services
– Customer / You: the other party who proceeds to purchase Cloud Wine products or services
– Products: all services, products (such as wine courses) and materials developed and offered by Cloud Wine, unless the relevant product is explicitly specified
– Teacher: the ( regular) person providing the wine course
– Website: the domain www.cloudwine.nl and all underlying and affiliated (sub)pages

2 – Application

These Terms and Conditions apply to everything you purchase from us

2.1    These General Terms and Conditions shall apply to all products of Cloud Wine, unless otherwise agreed in writing;
2.2    The latest version of the Terms and Conditions shall always apply;
2.3    The applicability of the customer’s Terms and Conditions is expressly rejected;
2.4    If one or more provisions of these Terms and Conditions are at any time wholly or partly amended, replaced or removed, the remaining provisions of these Terms and Conditions shall remain fully applicable;
2.5    Situations not provided for in these Terms and Conditions should be assessed ‘in the spirit’ of these Terms and Conditions;
2.6    Uncertainties about the interpretation or content of one or more provisions of our Terms and Conditions are to be interpreted ‘in the spirit’ of these Terms and Conditions.

3 – Agreement

When you made a purchase, you accept the Terms and Conditions you are reading

3.1    The agreement between Cloud Wine and the customer is final when the customer has agreed to the Terms and Conditions when placing an order and the payment has been made and processed. See article 4 for explanation and exceptions. Where a service is involved, the written or electronic approval of the offer applies;
3.2    The agreement is established electronically by filling in and completing the order form on the website, thereby agreeing to the Terms and Conditions.

4 – Orders and cooling-off period

You must be 18 years or older and there is usually a 14-day reflection period

4.1    When purchasing the products ‘wine courses’ and the ‘digital gift voucher’, a cooling-off period of 14 days applies (see 4.2). Within this period, the customer can cancel the purchase free of charge or request a change. In case of a refund, the purchase amount will be transferred back to the account with which the payment was made within 7 working days;
4.2    In addition to the product ‘wine courses’ the following applies: the cooling-off period expires if the customer makes a purchase in the last 14 days before the start of the course;
4.3    No cooling-off period applies to the product ‘physical gift voucher’, as this product is not reusable (see article 6);
4.4    To purchase a Cloud Wine product, the customer must be 18 years of age or older.

5 – Price

No hidden costs, no surprises

5.1     Product prices for individuals show are exempt from VAT and entail a full price. For the product ‘wine courses’, this means that the corresponding course material is included. Product prices for business customers are listed exclusive of VAT;;
5.2    All prices mentioned on the website or elsewhere are subject to typing errors including out-of-date situations. No liability is accepted for the consequences of typing errors. In case of typing errors, Cloud Wine is not obliged to deliver the product according to the incorrect price..

6 – Gift voucher

The gift card is valid indefinitely and a cooling-off period applies to the digital gift card

6.1    A cooling-off period of 14 days applies to the purchase of the product ‘digital gift voucher’. Within this period, the customer can cancel the purchase and opt for a refund, unless of course the gift voucher has already been used. The customer will have the purchase amount refunded within 7 working days to the account with which the payment was made;
6.2    No cooling-off period applies to the purchase of the product ‘physical gift voucher’ as it is personalised;
6.3    If the gift voucher applies to a wine course as a whole, as opposed to an amount, and the price of the relevant wine course has been increased in the meantime, the initial gift voucher amount will be converted to a discount amount on your booking;
6.4    When purchasing a physical gift voucher, no rights can be derived from the delivery time. Cloud Wine attempts to post the gift voucher within 24 hours and then depends on an external delivery service. Usually delivery takes place within 2 working days;
6.5    The gift voucher is not redeemable for cash;
6.6    The gift voucher is valid indefinitely.

7 – Cancellation and force majeure

Just like booking a theatre or train ticket: to cancel is to accept the consequence. You may send a substitute person or register on the reserve list for an administrative fee

The points below apply to the product ‘wine courses’:

7.1    A minimum number of eight participants is required for each wine course. If this number is not reached, Cloud Wine may cancel the course. The customer will be notified no later than 3 days in advance. The customer may use the purchased ticket(s) in a future edition of the relevant course within a reasonable period of say one year from the original course date or opt for a refund. The customer will then be refunded the purchase amount within 7 working days to the account with which the payment was made;
7.2    In case of force majeure, Cloud Wine reserves the right to reschedule the course or relevant lesson. Force majeure shall exist if the execution of the course is prevented by circumstances beyond its reasonable control. These include, but are not limited to: illness of the teacher, the death of a loved one or the sudden unavailability of the course location. Cloud Wine will schedule new date(s) for the course or lesson. The customer will be given the opportunity to join this future edition of the course or lesson. If the entire course is rescheduled, the customer may opt for a refund. The customer will then be refunded the purchase amount within 7 working days to the account with which the payment was made;
7.3    In the event that the customer cannot attend the course or a lesson due to their own fault or unforeseen circumstances, there is no legal right to a refund or ticket change, subject to the 14-day cooling-off period (see article 4). Examples include illness or work-related reasons. The customer may choose, in consultation with Cloud Wine and with at least one day’s notice, to send a substitute;
7.4    In addition to the previous point and as a goodwill arrangement: in case of cancellation, the customer can have him/herself put on the reserve list to join a future course or lesson. For this, Cloud Wine charges an administrative fee of €10 pp. In case seats are available, Cloud Wine will contact the customer in the week prior to the course or lesson. Those who have been on the reserve list the longest will be given the catch-up possibility first. The customer remains on the reserve list for a maximum of 6 months, after which the catch-up possibility expires.

8 – Intellectual property

It is prohibited to copy or distribute products and related materials of Cloud Wine

8.1    Products provided by Cloud Wine are for personal use only. The intellectual property rights to the materials and content made available to the customer are vested in Cloud Wine. It is expressly prohibited to duplicate, reproduce, disclose or make products of Cloud Wine available to third parties without explicit prior consent;
8.2    If image or audio recordings are made by the customer during e.g. a wine course, this should always be communicated to Cloud Wine. It is explicitly prohibited to use these recordings for purposes other than personal use. Image or audio material may only be shared via digital or analogue channels for promotional activities if Cloud Wine has given its consent. If other participants appear on this image or audio material, consent from them is also required;
8.3    Cloud Wine has attempted to identify all right holders of product content not designed by Cloud Wine. Should you nevertheless come across material of which you are the rights holder and which has unexpectedly been posted without your permission, please contact us. We will gladly apply the appropriate reference or will remove the material in question.

9 – Complaints

Not satisfied? We really hate to hear that! Get in touch with Cloud Wine and together we will put a smile back on your face

9.1    Do you have a complaint? Send us an e-mail and describe the complaint as clearly as possible. Cloud Wine will do its best to identify the cause of the problem, remedy it and/or improve it for future orders to prevent a recurrence of the complaint;
9.2    Cloud Wine shall respond to a complaint within 2 working days and ensure settlement within 14 days at the latest;
9.3    If Cloud Wine needs more time to rectify it, for example to investigate, we will notify you within these 14 days and let you know immediately how long it will take;
9.4    We would like to work it out together. If Cloud Wine unexpectedly fails to resolve the complaint to your satisfaction, we will jointly submit the complaint to an independent third party. Keep in mind that this will involve costs, which we will split 50-50. This independent party will make a binding decision. The third party is:
   Vlaanderen Mediation & Coaching
   Bezoekadres: Emmaplein 4 5211 VW ‘s-Hertogenbosch
   E info@vlaanderen-mediation.nl
   T 073-2032174
9.5    The complaints received by Cloud Wine and how they are handled will be registered and kept for the duration of 1 year. This registration serves to verify our accreditation as an educational institution;
9.6    Complaints will always be treated confidentially and not shared with third parties;
9.7    Afterwards, Cloud Wine may send a feedback request on how the complaint handling was perceived;
9.8    Statute of limitations: after 3 months you cannot file the complaint counting from the moment the complaint is related.

10 – Dispute resolution

In case we can’t work it out together

10.1    These Terms and Conditions are governed by Dutch law;
10.2    The parties shall only appeal to the courts after they have made every effort to settle a dispute in mutual consultation;
10.3    All disputes shall be settled by the competent court in the district in which Cloud Wine has its registered office;
10.4    Notwithstanding the statutory limitation periods, the limitation period of all claims and defences against Cloud Wine and third parties involved shall be three months.

11 – Confidentiality

What happens at Cloud Wine, stays at Cloud Wine

11.1    All information provided by customers is confidential to Cloud Wine, including its employees and teachers. For example, information on business situations, work processes, clients, strategies, and so forth. If required, a confidentiality agreement can be drawn up and signed.

12 – Alcohol consumption

Don’t drink and be able to taste more

The point below applies to the product ‘wine courses’:

12.1    The teacher will never encourage (excessive) alcohol consumption by course participants. The wines served are intended as tasting wines. Cloud Wine is not liable for the consequences of alcohol consumption before, during and after a course. The customer him/herself is responsible for prudent alcohol consumption, especially where road safety and medication are concerned.