Terms and Conditions
1. Introduction
Welcome to Depot Noir. These terms and conditions outline the rules and regulations for the use of our website, Services, and goods. By ticking the box or otherwise expressly confirming that you agree to these Terms during the sign-up or checkout process, you enter into a binding agreement with Depot Noir. If you do not agree with any part of these Terms and Conditions, you should not create an account, place an order, or use our Services.
2. Definitions
"Depot Noir B.V." refers to the company providing wine storage and subscription Services.
"User" refers to anyone who accesses the website or uses the Services of Depot Noir.
"Services" refers to the wine subscription plans, storage, and related offerings provided by Depot Noir.
"Terms and Conditions" refers to these terms and conditions as may be updated from time to time.
3. Eligibility
To use our Services, you must be at least 18 years old and legally allowed to purchase and consume alcohol in your country of residence.
4. Subscription Plans
4.1. Depot Noir offers amongst others four subscriptions. Details of each plan, including pricing and benefits, are outlined on our website.
4.2. Subscription fees are billed monthly and are non-refundable unless stated otherwise.
4.3. Users may upgrade, downgrade, or cancel their subscription at any time with a notice period of one (1) month by contacting customer support or through their account dashboard.
5. Right of Withdrawal
5.1 In accordance with Article 6:230o of the Dutch Civil Code, as a consumer you have a statutory right to withdraw from the agreement with Depot Noir within fourteen (14) days without giving any reason:
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For the storage Service, the withdrawal period starts on the day the agreement is concluded.
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In the case of a subscription for regular deliveries of wine:
(a) if the wines are placed in your personal depot, the withdrawal period starts on the day the first delivery of the wines is placed in the depot in your name. The depot will be considered a “third party designated by you” within the meaning of the law; or
(b) if the wines are delivered directly to you, the withdrawal period starts on the day you, or a third party other than the carrier and designated by you, physically receive the first delivery.
5.2 To exercise the right of withdrawal, you must inform us of your decision to withdraw from the contract by means of a clear statement (e.g. by letter or by e-mail by contacting us via info@depotnoir.com). You may use the attached Model Withdrawal Form, but this is not obligatory.
5.3 To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
5.4 If you withdraw from the agreement, we shall reimburse all payments received from you, including delivery costs (except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw. We may withhold reimbursement until we have received the goods back, or you have supplied evidence of having sent back the goods, whichever is the earliest.
5.5 We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
5.6 You must return the goods to us without undue delay and in any event not later than 14 days from the day on which you communicated your withdrawal. You will bear the direct costs of returning the goods.
5.7 The right of withdrawal does not apply to alcoholic beverages where the price has been agreed upon at the time of the conclusion of the contract, but delivery can only take place after 30 days, and their actual value depends on fluctuations in the market beyond our control (for example, but not limited to certain primeur wines, rare editions or investment-grade bottles).
6. Payment
6.1. Payments for subscription plans must be made via the methods specified on our website.
6.2. By providing payment information, you authorize Depot Noir to charge your chosen payment method for the agreed-upon subscription fee.
6.3. If a payment fails, Depot Noir reserves the right to suspend or terminate your access to Services.
7. Wine Storage and Delivery
7.1. All wines included in the subscription plans are stored in professional-grade facilities under ideal conditions.
7.2. Users can request delivery of their stored wines, subject to applicable fees and shipping regulations.
7.3. Depot Noir is not responsible for damages or delays caused during delivery by third-party carriers.
8. User Responsibilities
8.1. Users must provide accurate and up-to-date information when creating an account.
8.2. Users are responsible for maintaining the confidentiality of their account credentials.
8.3. Depot Noir reserves the right to suspend or terminate accounts found to be in violation of these Terms and Conditions.
9. Intellectual Property
9.1. All content, including text, images, and branding on the Depot Noir website, is the intellectual property of Depot Noir and may not be used without prior written permission.
9.2. Depot Noir retains all rights to products of the mind that it has used, or is using, for the purposes of performance of the Services, insofar as any legal rights attach to, or could be created in respect of such products.
10. Data Protection
Depot Noir shall process your personal data in line with the General Data Protection Regulation. For more details on the processing of your personal data, reference is made to our Privacy Policy available on our website.
11. Force Majeure
To the extent permitted by law, Depot Noir shall not be liable for any failure or delay in the performance of its obligations under these Terms and Conditions, including the storage of wine in the depot, if such failure or delay results from Force Majeure. For the purposes of these Terms and Conditions, “Force Majeure” means any circumstance beyond the reasonable control of Depot Noir, whether or not foreseeable, which temporarily or permanently prevents Depot Noir from fulfilling its obligations. Such circumstances include, but are not limited to: fire, flood, natural disasters, war, terrorism, pandemics, epidemics, government measures, strikes, lockouts, power outages, interruption or failure of telecommunications or internet services, transport or logistics disruptions, late delivery or defects in goods or materials supplied by third parties, illness of a significant number of Depot Noir’s staff, or events affecting the operation of the independent depot where the wine is stored.
In the event of Force Majeure, Depot Noir’s obligations will be suspended for as long as the Force Majeure event continues. To the extent permitted by law, if the period of Force Majeure lasts longer than two (2) months, either party may terminate the agreement without any obligation to pay damages. In such case, any amounts paid in respect of goods or Services not delivered shall be refunded.
12. Guarantees
The information contained on the website or provided by Depot Noir is intended for guidance to intending Users and are for general information only and will be used at your own risk. Depot Noir will use all reasonable endeavours to ensure the accuracy of information, however, Depot Noir does not guarantee or warrant the accuracy or completeness, up-to-dateness, factual correctness or reliability of any information and do not accept any liability for any errors or omissions.
13. Liability
13.1. To the extent permitted by law, Depot Noir ’s liability towards Users is limited to direct damages that are the direct result of an attributable shortcoming by Depot Noir and subject to the provisions of this article 13 below.
13.2. Depot Noir is not liable for any indirect, incidental, special or consequential damages (including but not limited to loss of profit, loss of enjoyment, or depreciation of wine), insofar as such exclusion is legally valid under Dutch consumer law.
13.3. Depot Noir’s total liability is limited to the amount that is paid out under Depot Noir’s liability insurance policy in the case in question, plus any excess payable by Depot Noir under such policy. If for whatever reason no payment is made under the liability insurance policy, the liability of Depot Noir is shall in all cases be limited to the total subscription fees paid by the User in the twelve (12) months preceding the event giving rise to the damage.
13.4 Wine stored in the depot is covered by Depot Noir’s insurance policy against risks such as fire, water damage and theft, subject to the terms, conditions and limits of that policy. The depot operator has contractually accepted liability for damage caused by its negligence, limited to the coverage available under its insurance. To the extent legally permissible, any compensation for damage occurring in the depot shall be limited to the amount actually paid out by Depot Noir’s insurer, the depot operator and/or its insurer. If no payment is made, Depot Noir shall not be obliged to compensate the User.
14. Governing Law
14.1 These Terms and Conditions are governed by the laws of The Netherlands, without regard to conflict of law principles.
14.2 Any disputes arising from or related to Depot Noir, the Services, or these Terms and Conditions and Conditions will initially be handled by the competent court in Amsterdam, The Netherlands. This is without prejudice to any mandatory rights that consumers may have under applicable law to bring proceedings in the courts of their country of residence.
15. Amendments
Depot Noir reserves the right to update or modify these Terms and Conditions at any time for valid reasons, including but not limited to changes in legislation, court rulings, technical requirements, business operations, market circumstances or the introduction of new Services or functionalities. Any amended Terms and Conditions will be published on our website and notified to you by e-mail (or another durable medium) at least fourteen (14) days before they take effect. If you do not agree with the amended Terms and Conditions, you may terminate your subscription free of charge up to the date the amended Terms and Conditions take effect. If you do not terminate before that date, you are deemed to have accepted the amended Terms and Conditions.
16. Contact Information
For questions or concerns about these Terms and Conditions, please contact us at:
Email: info@depotnoir.com
Address: Zandhoek 10h, 1013 KT Amsterdam
By using our website and Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions.
Model Withdrawal Form
(Complete and return this form only if you wish to withdraw from the contract.)
To:
Depot Noir B.V.
Zandhoek 10h
1013 KT Amsterdam
I/We () hereby give notice that I/We () withdraw from my/our () contract concerning the sale of the following goods / the provision of the following service ():
Ordered on () / Received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.