1 December 2021

Terms & Conditions

1. General

1.1 In these terms and conditions, the following terms shall have the following meanings: ‘Aur Spirits’ or ‘the seller’ or ‘Imperial Raki’: Aur Spirits; customer and/or buyer: the (potential) customer of goods and/or services of Aur Spirits.

1.2 These conditions apply to quotations (offers) and (order) confirmations made on behalf of Aur Spirits and to all agreements concluded with Aur Spirits. Deviations from these conditions may only be made in writing. Aur Spirits explicitly rejects the applicability of other conditions while stating the applicability of its conditions.

1.3 By entering into an agreement between the Client and Aur Spirits through the procedure as described in these terms and conditions, the Client explicitly accepts these terms and conditions. 

1.4 If (a) provision(s) of these terms and conditions is/are null and void or is/are destroyed, the remaining provisions of these terms and conditions will remain in full force. Aur Spirits and the client will discuss and agree upon (a) new provision(s) to replace the void or voided provision(s), taking into account as much as possible the purpose and meaning of the void or voided provision(s). 

1.5 Aur Spirits has the right to change these Terms and Conditions and the content of the Imperial Raki website at all times.

2. Prices/tariffs and payments

2.1 All prices charged by Aur Spirits are in Euros and are exclusive of transport costs, VAT, import duties and excise taxes, unless explicitly agreed otherwise.

2.2 All invoices shall be paid by the client, without discount or compensation within fourteen (14) working days after invoice date, unless otherwise agreed in writing.  The customer is not authorized to suspend or to set off (compensate) or to shorten the purchase price with any (by him claimed) counterclaim, unless a credit invoice has been issued by Aur Spirits for this purpose. Aur Spirits is at all times entitled to demand prepayment or security for payment, even if previously delivered with a payment credit.

2.3 In case the payment term is exceeded, Aur Spirits is entitled to charge the customer an interest of 1% per month from the due date of the invoice, whereby a part of a month will be counted as a whole month. Aur Spirits will send a reminder when the payment term is exceeded. 

2.4 If the client has not, not completely or not before the payment deadline set in the reminder, Aur Spirits has the right to charge the client for its extrajudicial (collection) costs. The client is also obliged to pay the actual judicial costs, as far as a possible court order results in a lower amount. 

2.5 When the client does not fulfill the payment conditions agreed upon, Aur Spirits has the right to dissolve the agreement with immediate effect out of court or to suspend its obligations and also the right to deny the client access to the Aur Spirits system without giving reasons.

2.6 All payments made by or on behalf of the purchaser shall first be made in reduction of the costs and interests due and subsequently in reduction of the principal sum.

2.7 If after acceptance of the offer, or after acceptance of the order, and before the moment of actual delivery, the prices of raw materials, energy, wages and freight charges, or the amount of (environmental) levies are increased with 5% or more, Aur Spirits is allowed to charge these price increases to the purchaser. The increases referred to here will be notified in writing by Aur Spirits and are considered to be accepted if no objection is made within 7 days. In case of objection the parties will try to reach agreement on the new prices of the goods to be delivered within 7 days after the objection. If no agreement is reached, both parties are entitled to dissolve the contract without any obligation to pay costs and/or damages to the other party.

Article 3. Delivery/delivery terms

3.1 Unless otherwise agreed, the goods will be delivered to the storage address provided by the buyer. From the moment of delivery, the goods shall be at the expense and risk of the buyer. Storage at the request of the buyer, other than at the buyer’s warehouse or company, shall be at the buyer’s risk.

3.2 The delivery time is normally up to 14 working days unless otherwise indicated in writing (by letter or e-mail). The delivery times are indicative and are not fatal.

3.3 The delivery time of the product amounts to a maximum of thirty (30) working days or so much shorter as stipulated in the agreement between the purchaser and Aur Spirits.

3.4 When the agreed delivery time, for whatever reason, is exceeded by Aur Spirits, Aur Spirits will immediately notify the purchaser in writing (by letter or e-mail). In that case, the purchaser has the authority to dissolve the agreement with Aur Spirits, by notifying Aur Spirits in writing (by letter or e-mail). 

3.5 Possible payments already made by the customer within the framework of the previous article will be refunded to the customer’s bank or giro account as soon as possible, but in any case within fourteen (14) working days after Aur Spirits has received the request to dissolve the agreement mentioned in article 3.4. 

3.6 Aur Spirits reserves the right to make partial deliveries to the client so that an order will be sent in two or more shipments.

3.7. Pallets, crates, and other packaging materials provided by Aur Spirits, whether or not in return for payment of a deposit, remain the property of Aur Spirits or its supplier. The purchaser must return these packing materials free of charge to the address specified by Aur Spirits, unless otherwise agreed or unless the supplier of these materials takes care of return. The packing materials charged by Aur Spirits will be credited at full price, provided they are returned freight-free in good condition and within one month from the date of the invoice concerned. Damaged or incomplete durable packaging materials/packaging, will not be credited. If the damage caused by returned or different packaging results in deposit costs or environmental levies, these are to be borne by the purchaser.

3.8 The buyer is obliged to check the delivered goods for visible defects within two working days after delivery. After the expiry of this period, or after the whole or partial processing of the delivered goods, the goods are deemed to have been delivered in accordance with the agreed quantity and the agreed specifications and/or (legally) prescribed quality.

3.9 When the purchaser is in default with payment of a partial delivery or phase of delivery, Aur Spirits has the right to suspend the other still to be executed (partial) deliveries, succeeding orders, and/or phases with at least the same period of time as when the purchaser leaves a due (partial) invoice unpaid, without prejudice to Aur Spirits’ right to (partially) dissolve the agreement, to cancel running order(s) and to claim damages.

4. Force Majeure

4.1. As force majeure at the side of Aur Spirits and its supplier applies, besides the circumstances recognized in law and jurisprudence: fire, water damage, floods and other natural disasters, revolt, strike and occupation, failures and/or stagnation of energy and raw material supplies, all this occurring in its own company or that of its supplier, defects in production machines and equipment and furthermore import or export restrictive government measures. Force majeure of the supplier will be considered as force majeure of Aur Spirits. Furthermore, the decision of a manufacturer or supplier to stop, suspend or postpone the production, unless the reason for this decision can be blamed on Aur Spirits, will be considered as force majeure.

Article 5. Reservation of Ownership

5.1 Aur Spirits reserves the property of the goods delivered by it until payment of the amount due to Aur Spirits has taken place. Every delivery by Aur Spirits is therefore made under reservation of ownership. This retention of title extends to Aur Spirits’ claims due to the failure of the purchaser to comply with agreements on which these deliveries are based, including interest, damages, and fines. The purchaser is not authorized to pledge, give in use, or alienate delivered goods to third parties – the latter except alienation within the framework of normal business operations – until the purchaser has fulfilled all his obligations towards Aur Spirits.

5.2 If the purchaser does not, not timely, or not properly fulfill any obligation under the agreement, Aur Spirits is entitled to take back the delivered goods. The purchaser is required to give Aur Spirits access to the room(s) in which the delivered goods are located, failing which the purchaser forfeits a claimable fine of € 50.000,00 for each refusal to give access and € 2.500,00 per day for each day the refusal continues. If Aur Spirits has meanwhile delivered goods that have been processed or filled, this does not affect Aur Spirits’ retention of title on the goods it has delivered.

Article 6. Risks

6.1 The risk during transport of the product ordered by the purchaser is for Aur Spirits. At the moment of delivery of the product, or the moment that can reasonably be considered as delivery, the risk of the product passes to the customer, except for the liabilities that can legally not be excluded by Aur Spirits.

6.2 Aur Spirits is never liable for improper handling, inadequate storage, damage, or defects caused by the cleaning and flushing of the delivered goods, or other defects occurring after delivery.

6.3 Aur Spirits is never liable for consequential damage, including but not limited to suffered loss and loss of profit, and liability of Aur Spirits for third party damage is also explicitly excluded. In the case of liability of Aur Spirits, regardless of the basis, the liability of Aur Spirits is furthermore limited to the amount paid by its insurer under its liability insurance in the respective case. If and when the liability insurer of Aur Spirits does not pay out under the liability insurance, liability of Aur Spirits is in all cases -irrespective of the basis- (so also in case of shortcomings, mistakes, and/or defects of its supplier, staff or auxiliary persons, wrongful act, etc.) limited to the amount of the invoice value of the delivered goods, in all cases with a maximum of € 15.000,00 (say fifteen thousand euro).

6.4 Complaints should be made in writing to Aur Spirits within two working days after delivery. In case of a claim the purchaser is obliged to store the delivered goods separately and as far as possible packed in the original packaging, for inspection and/or testing on behalf of Aur Spirits.

Article 7: Orders/Communications

7.1 Aur Spirits is in no way responsible for misunderstandings, damages, delays or not clearly communicated orders and messages as a result of the use of the internet or any other means of communication in the traffic between the purchaser and Aur Spirits, as far as it concerns the relation between the purchaser and Aur Spirits.

Article 8: Complaints

8.1 All complaints regarding the delivery, quality, quality of the product, or any other complaint, will be seriously considered by Aur Spirits. 

8.2 The purchaser should make a complaint to the Customer Service department of Aur Spirits (the details of this department are mentioned elsewhere in these conditions). 

8.3 Aur Spirits will try to resolve the complaint within ten (10) working days. Aur Spirits will notify the customer in writing (via letter or e-mail).

Article 9: Personal data

9.1 Personal data entered by the buyer will be included in a file. These data will be used for the execution of the order of the purchaser. 

9.2 Unless the purchaser has indicated that the purchaser does not appreciate this, the purchaser’s data will be included in a central file of Aur Spirits. These data will be used to keep the customer fully up-to-date regarding Aur Spirits’ business and services. The processing of the client’s data will be done in accordance with the applicable laws and regulations. 

9.3 The client may, if desired, obtain access to the data recorded by Aur Spirits about the client’s personality in the Aur Spirits file. The client has the right to request a modification of the data if these data are not correct.

Article 10: Customer Service Department of Aur Spirits

All correspondence based on these terms and conditions shall be with:
Aur Spirits, Zinkstraat 26 4823 AD Breda. E-mail: info@imperialraki.com

Article 11: Miscellaneous

11.1 If the purchaser provides Aur Spirits with an address in writing, Aur Spirits is entitled to send all orders to that address until the purchaser has provided Aur Spirits with a new address. 

11.2 Should Aur Spirits, for a short or longer period, tacitly or not, allow deviations from these conditions, this does not affect the right to demand direct and strict compliance with the conditions. The client can never assert any right based on the fact that Aur Spirits applies these conditions leniently. 

11.3 Aur Spirits is authorized to make use of third parties when executing the order(s) of the purchaser.

Article 12: Applicable law and dispute resolution

On all tenders, (order confirmations) and agreements with Aur Spirits the Dutch law is applicable. Applicability of the Vienna Sales Convention (CISG 1980) is explicitly excluded. All disputes resulting from or related to tenders, (order) confirmations, agreements (including these general conditions) with Aur Spirits will be submitted to the competent court. The above does not affect the competence of Aur Spirits to submit the dispute to the competent judge of the district where the other party has its residence or office.