1. Definitions

In these General Terms and Conditions (the General Terms and Conditions) the following terms have the meanings set out below:

Customer or Customers: any natural person or legal entity that enters into an Agreement with Bottle Locker

Wine: wine bottles or other alcoholic beverage products (such as beer or whisky) stored by the Customer with Bottle Locker

Storage Area(s): the area(s) managed by Bottle Locker in which Wine is stored

Agreement: the storage agreement between Bottle Locker and the Customer to which these General Terms and Conditions apply.

2. Scope of application

2.1 These General Terms and Conditions apply to all offers, agreements and services of Bottle Locker B.V., having its registered office at Mesdagstraat 64 2, 1073 HR Amsterdam, registered with the Dutch Chamber of Commerce under number 98659472 (hereinafter: “Bottle Locker”), unless agreed otherwise in writing.

2.2 By making a reservation or entering into an Agreement via the website, e-mail, WhatsApp, app or any other means of communication, the Customer declares to have taken note of and to agree to these General Terms and Conditions.

2.3 These General Terms and Conditions are drawn up in accordance with Title 5, Section 3 of Book 6 of the Dutch Civil Code (articles 6:231–247 DCC).

3. Age restriction

Only persons aged eighteen (18) years or older may use the services of Bottle Locker. By agreeing to these terms, the Customer declares to be eighteen years of age or older.

4. Formation of the Agreement

The Agreement is concluded once Bottle Locker has confirmed the Customer’s reservation or request by e-mail, WhatsApp or via a digital form. Such confirmation serves as evidence of acceptance of the Agreement and of the applicability of these General Terms and Conditions.

5. Agreement and term

5.1 The Agreement is concluded once the Customer receives a confirmation from Bottle Locker.

5.2 The Agreement is entered into for an initial fixed period of at least three (3) months or a multiple thereof (for example six (6) or twelve (12) months), depending on the term chosen by the Customer (the Term).

5.3 During the initial Term the Agreement cannot be terminated early, and no refund of prepaid amounts will be made, including where the Customer collects the Wine earlier, unless agreed otherwise.

5.4 After expiry of the initial Term, the Agreement will automatically renew for successive periods of three (3) months (each a Renewal Period).

5.5 During a Renewal Period, the Agreement may be terminated per quarter. The Customer may terminate the Agreement in writing or by e-mail with at least one (1) week’s notice prior to the end of the current Renewal Period.

5.6 The Customer may collect the Wine at any time during the Term or any Renewal Period; this does not constitute termination of the Agreement and does not entitle the Customer to a refund of amounts already paid.

5.7 Bottle Locker reserves the right to terminate the Agreement with immediate effect if the Customer fails to fulfil its obligations or if circumstances arise that reasonably make continuation impossible.

6. Use of the Storage Area

6.1 Bottle Locker’s Storage Area is intended exclusively for storage management, delivery and collection of Wine or other alcoholic beverage products by or on behalf of Customers.

6.2 Access to the Storage Area is by appointment only and solely for delivery or collection of Wine, or for a viewing subject to prior approval by Bottle Locker.

6.3 Bottle Locker reserves the right to refuse beverage products that can reasonably be deemed unsuitable for storage (such as damaged bottles or products that are not Wine or other alcoholic beverages).

6.4 While present in the Storage Area, visitors must follow Bottle Locker’s safety instructions and directions.

6.5 It is not permitted to enter the Storage Area unaccompanied, to operate equipment or to move goods without supervision.

6.6 Bottle Locker may conduct an age check and reserves the right to refuse access to persons under eighteen (18) years of age or to persons who do not comply with the rules.

6.7 Bottle Locker reserves the right to temporarily restrict or deny access in the event of maintenance, safety risks, emergencies or force majeure.

7. Identification and collection

7.1 Wine may only be collected by the Customer personally or by a person authorised in writing by the Customer.

7.2 Bottle Locker may request a valid identity document and may refuse to hand over Wine if identity or authorisation cannot be demonstrated.

7.3 Transfer or handover of Wine is permitted only to persons aged eighteen (18) years or older.

8. Title and risk

8.1 Title to the Wine remains at all times with the Customer. Bottle Locker acquires no ownership right or pledge over the stored Wine.

8.2 The risk of damage to or loss of the Wine lies with the Customer, except in the event of intent or gross negligence on the part of Bottle Locker.

8.3 Risk passes to the Customer once the Wine is handed over to the Customer or its authorised representative.

9. Liability and insurance

9.1 Bottle Locker does not currently offer insurance for stored Wine. The Customer is responsible for insuring stored goods, for example through its own household contents or valuables insurance.

9.2 Bottle Locker is not liable for damage, theft, fire, leakage or any other loss of stored Wine, unless caused by intent or gross negligence of Bottle Locker.

9.3 Bottle Locker is insured against its own errors or negligence in the performance of its activities.

9.4 In all cases, Bottle Locker’s liability is limited to the amount paid out in the relevant case under its liability insurance.

10. Climate conditions and warranty

10.1 Bottle Locker aims to store Wine under optimal conditions, with an average temperature between twelve (12) and sixteen (16) degrees Celsius and a relative humidity between fifty percent (50%) and seventy percent (70%).

10.2 The temperature may temporarily deviate by up to two (2) degrees Celsius due to maintenance, fluctuations in energy supply or other circumstances affecting the equipment.

10.3 Bottle Locker uses professional cooling and climate-control equipment and regularly checks the Storage Areas to maintain these conditions.

10.4 Bottle Locker does not warrant permanent or exact temperature or humidity levels. Temporary or limited deviations are considered normal operational risk and do not give rise to compensation.

10.5 In the event of a malfunction or technical fault, Bottle Locker will take reasonable measures to restore climate conditions as soon as possible and in any case within twenty-four (24) hours.

10.6 Bottle Locker is not liable for indirect damage, including loss of Wine quality, resulting from brief deviations in temperature or humidity, unless caused by intent or gross negligence.

11. Rates and payment

11.1 Rates are provided only by e-mail or written quotation and do not form part of these General Terms and Conditions.

11.2 Payment is to be made in advance per quarter, half-year or year, unless agreed otherwise. Monthly payment is possible subject to a five percent (5%) surcharge on the rate (pro rata to the chosen period); the surcharge will be specified in the quotation and invoice.

11.3 Invoices must be paid within fourteen (14) days from the start of the storage period.

11.4 In the event of late payment, a reminder will first be sent. If payment remains outstanding, Bottle Locker is entitled to temporarily block access to storage and, after a reasonable period, to transfer the outstanding amount to a debt collection agency.

11.5 Bottle Locker has a right of retention over the stored Wine until all outstanding amounts have been paid in full, in accordance with article 3:290 DCC.

11.6 Bottle Locker reserves the right to adjust rates on a reasonable basis, including in relation to inflation, rising energy prices or other cost developments. Bottle Locker also reserves the right to apply annual indexation of rates.

11.7 By saving a payment method, the Customer authorises Bottle Locker to collect periodic fees and other amounts due by direct debit. In the event of a failed collection, Bottle Locker may attempt a re-collection and suspend access/release until payment has been made.

12. Termination, uncollected Wine and default of payment

General

12.1 The Agreement cannot be terminated during the Term.

12.2 If the Customer chooses to collect the Wine before the end of the current period, the agreed fee remains payable in full and no refund will be made.

Situation 1 – Agreement terminated in the ordinary course

12.3 After termination of the Agreement (regular termination at the end of a period) the Customer has two (2) weeks to collect the Wine. During that period Bottle Locker will send at least one electronic reminder with collection instructions.

12.4 If the Wine has not been collected six (6) months after the end of the Agreement, and following multiple demonstrable reminders including at least one final notice granting a reasonable period, Bottle Locker is entitled to sell the Wine to cover outstanding costs or, if sale is reasonably not possible, to destroy the Wine.

Situation 2 – No termination but non-payment (default)

12.5 In the event of late payment, article 11 (Rates and payment) applies. Bottle Locker may block access to and release of Wine until all amounts have been paid in full.

12.6 If the Customer fails to pay for a continuous period of six (6) months, and after multiple demonstrable reminders including at least one final notice granting a reasonable period, Bottle Locker is entitled to sell the Wine to cover outstanding costs or, if sale is reasonably not possible, to destroy the Wine.

Proceeds

12.7 Any proceeds from a sale will be paid to the Customer after deduction of storage, sales and other reasonable costs.

13. Notification of changes to contact details

The Customer must inform Bottle Locker in good time, in writing or by e-mail, of any change to contact details, including e-mail address, telephone number and postal address. If Bottle Locker cannot reach the Customer because this obligation was not met, notices will be deemed validly sent to the last known address.

14. Force majeure and emergencies

14.1 Bottle Locker is not liable for damage or delay as a result of force majeure within the meaning of article 6:75 DCC, including but not limited to fire, leakage, burglary, flooding, power failure or other unforeseen circumstances.

14.2 In the event of a power outage or technical malfunction, Bottle Locker will arrange an appropriate solution within 24 hours to restore storage conditions.

15. Governing law and disputes

15.1 All Agreements between Bottle Locker and its Customers are governed by Dutch law.

15.2 Disputes will be submitted exclusively to the competent court in Amsterdam.

16. Contact details

• Bottle Locker B.V.
• Mesdagstraat 64 2
• 1073 HR Amsterdam, The Netherlands
• E-mail: info@bottlelocker.nl
• Website: www.bottlelocker.nl

17. Amendments to these General Terms and Conditions

17.1 Bottle Locker reserves the right to amend these General Terms and Conditions at any time (the Amendments). Amendments will be notified to the Customer by e-mail within a reasonable period in advance. This e-mail will include a description of the Amendments, their date of implementation and a statement that Customers have the right to terminate their Agreement with Bottle Locker B.V. if the limitation constitutes more than a minor change. The foregoing process does not apply in urgent cases in which Amendments are made to prevent abuse or damage, to comply with legal requirements or to ensure the security and functionality of the services offered by Bottle Locker.

If Customers object to Amendments, Bottle Locker has the right to terminate the Agreement. Termination takes effect on the date the Amendments enter into force.

18. Intellectual property

18.1 All texts, images, photographs, logos, layouts, graphic elements, software and other content on the website, in promotional material or other communications of Bottle Locker are owned by Bottle Locker or used with the permission of the rights holder.

18.2 No part of this content may be copied, distributed, made public or reused in any way without prior written consent from Bottle Locker.

18.3 Use of the Bottle Locker trade mark or logo without written permission is not permitted.

19. Links to other websites

19.1 The Bottle Locker website may contain hyperlinks to third-party websites. These links are provided solely for the Customer’s convenience.

19.2 Bottle Locker is not responsible for the content, accuracy or operation of third-party websites and accepts no liability for damage arising from their use.

20. Other provisions

20.1 If any provision of these terms is wholly or partially invalid or null and void, the remaining provisions will remain in full force and effect.

20.2 Failure by Bottle Locker to enforce any provision or right does not constitute a waiver of that right.

20.3 These General Terms and Conditions constitute the entire Agreement between Bottle Locker and the Customer with respect to the subjects covered by these terms.

21. Privacy and personal data

21.1 Bottle Locker processes personal data in accordance with the General Data Protection Regulation (GDPR) and its Privacy Notice. The current version of the Privacy Notice is available via our Privacy Policy.

21.2 The Privacy Notice describes, among other things: (a) which data we process, (b) for which purposes and on which legal bases (including performance of the agreement, legal obligation, legitimate interest and—where required—consent), (c) retention periods, (d) with whom data are shared (processors/third parties), (e) the security measures, and (f) the rights of data subjects (access, rectification, erasure, restriction, objection, data portability).