General terms and conditions of sale
Article 1: General terms and conditions
By accessing and using the website the visitor and/or customer explicitly agrees with the following General Terms and Conditions ("conditions") that apply to every order placed by a visitor to this website ("customer") with Brouwerij B bvba. Placing an order via the Brouwerij B bvba webshop implies that the customer has consulted the conditions and explicitly accepts their application, excluding all other conditions. Additional conditions from the customer are excluded, unless they were previously, in writing and expressly accepted by Brouwerij B bvba.
Intellectual property rights
The contents of this site, including the brands, logos, drawings, data, product or company names, texts, images, etc. are protected by intellectual rights and belong to Brouwerij B bvba or rightful claimant third parties.
Restriction of liability
The information on the website is of a general nature, is not adapted to personal or specific circumstances and can therefore not be considered as a personal, professional or legal advice to the user.
Brouwerij B bvba makes great efforts to ensure that the information provided is always complete, correct, accurate and up-to-date. In spite of these efforts, inaccuracies can still occur in the available information. If the supplied information contains errors or if certain data on or via the site are unavailable, Brouwerij B bvba will do its utmost to rectify the situation.
However, Brouwerij B bvba cannot be held liable for direct or indirect damage, resulting from the use of the information on its site.
If you find any inaccuracies on the site, you can always contact the site manager.
The content of the site (including links) can be adjusted, changed or completed at any time without notice or notification. Brouwerij B bvba does not guarantee the proper functioning of the site and can in no way be held liable for poor functioning or temporary (un)availability of the website or for any other form of damage, direct or indirect, that would result from the access to or use of the website.
Brouwerij B bvba cannot, in any case and/or towards anyone, be held liable in a direct or indirect, special or other way for damages that are the result of the use of this site or any other as a result of links or hyperlinks, this including and without limitation, all losses, work interruptions, damage to programmes or other data of the computer system, equipment, software etc. of the user.
The website may contain hyperlinks to websites or pages of third parties or refer to them indirectly. Placing links to these websites or pages does not imply in any way the approval of their contents.
Brouwerij B bvba expressly declares that it has no authority over the contents or over other characteristics of these websites and can in no way be held liable for their contents or characteristics, nor for any other form of damage resulting from their use.
Applicable law and competent courts
This site is governed by Belgian law. In case of a dispute, only the courts of the district of Bruges are competent (see also article 16).
Article 2: Price
All prices stated are in euros, and always include VAT and all other taxes that the customer is obliged to pay. If delivery, reservation or administration costs are charged, this will be indicated separately.
The price quotation applies exclusively to the articles as word-for-word described. The accompanying photograph is intended to be illustrative but may contain elements that are not included in the price.
Article 3: Offer
The webshop offer is only open to customers residing in the European Union. The articles are intended exclusively for normal private use and for customers who are older than 18 on the day of purchase and delivery.
Despite the fact that the catalogue and website have been and are compiled with the greatest possible care, it is always possible that the information offered may be incomplete, contain material errors or not be up to date. Obvious mistakes or errors in the offer do not bind Brouwerij B bvba. As far as the correctness and completeness of the offered information is concerned, the matter is only bound to a means commitment. Brouwerij B bvba is in no way liable for material errors such as typesetting or printing errors.
When you have specific questions about, for example, sizes, colours, availability, delivery time or delivery method, we request that you contact our customer service department beforehand (see article 12).
The offer is valid while stocks last and can at all times be adjusted or withdrawn by Brouwerij B bvba, which cannot be held liable for the unavailability of a product.
Article 4: Online purchases
All purchases must be made via the Brouwerij B bvba website. Please follow the order instructions on the screen.
The articles are delivered to the customer's home or via another agreed upon delivery method (see article 7) on the delivery date indicated in the confirmation e-mail.
Brouwerij B bvba has the right to refuse an order (in writing) based on a serious shortcoming of the customer regarding the order or any other order or agreement involving the customer.
Article 5: Retention of title
The delivered items remain the exclusive property of Brouwerij B bvba until the moment of full payment by the customer.
However, the risk of loss or damage passes to the customer from the moment of delivery. The customer undertakes, if necessary, to inform third parties of Brouwerij & Alcohol distillery Wilderen's retention of title, for example persons who might seize articles that have not yet been paid for in full.
Article 6: Penalties for non-payment
Without prejudice to the exercise of other rights Brouwerij B bvba has, in case of non-payment or late payment, the client shall, ipso jure and without prior notice, owe an interest of 10% per year on the unpaid amount. Furthermore, the client owes, automatically and without formal notice, a fixed compensation of 10% on the amount concerned, with a minimum of 25 euro per invoice.
Notwithstanding the above, Brouwerij B bvba reserves the right to take back not (completely) paid items.
Article 7: Delivery
We offer various delivery options. If you choose to pick up your order at Brouwerij B, it can only be done during our opening hours. If you choose to make use of our beer round, you should bear in mind that an order must be paid for at least one day before the beer round. If you choose to send the beers, you should take into account a delivery period of 14 days.
Article 8: Guarantee
a. Legal guarantee (only for consumers)
According to the Act of 21 September 2004 on the protection of consumers when selling consumer goods, the consumer has legal rights. Each item is subject to the statutory warranty from the date of purchase by (possibly: delivery to) the first owner. Any other commercial guarantee will not affect these rights.
In order to make a claim under the warranty, the customer must be able to present proof of purchase.
For articles purchased online and delivered to the client's home, the client needs to contact Brouwerij B bvba in advance, after which the client needs to return the article at his own expense.
Each defect needs to be reported within 2 months after receipt of the product by the customer. Afterwards every right to repair or replacement expires.
The (commercial and/or legal) guarantee is never applicable to defects that have arisen as a result of accidents, neglect, abnormal or incorrect use of the article, non-compliance with the user instructions or manual, adaptations or modifications to the product or poor maintenance.
It is also not applicable to articles with a short(er) life span or wear items.
Defects that become apparent after a period of 6 months following the purchase date or the delivery date, as the case may be, are not considered to be hidden defects, unless the customer can prove otherwise.
The guarantee is not transferable.
Article 9: Right of withdrawal
The provisions of this article apply only to customers who, in their capacity of consumer, purchase articles online.
The consumer has the right to inform Brouwerij B bvba that he renounces the purchase, without having to pay a fine and without having to state a reason, within 14 days from the day following the delivery of the product.
Clients that wish to use the right of withdrawal, have to contact Brouwerij B bvba within the aforementioned period of 14 days and return the goods within 20 days from the delivery date at their expense to Brouwerij B bvba - Gildestraat 1, 8370 Blankenberge.
Goods with a selling price of 100 Euro or more need to be returned by courier of choice.
The customer may not use the products during the withdrawal period. If the returned product appears to be damaged or has lost its value in any way, Brouwerij B bvba reserves the right to claim compensation for any loss of value attributable to the customer.
Only articles that are in the original packaging, together with all accessories, instructions and invoice or proof of purchase can be taken back.
Article 10: Privacy
Brouwerij B bvba attaches great importance to your privacy.
In case the user of the website is asked for personal information, the following stipulations apply:
- the person responsible for processing, Brouwerij B bvba - Gildestraat 1, 8370 Blankenberge respects the Belgian law of 8 December 1992 regarding the protection of private life when processing personal information;
- the personal details communicated by you will be used for the following purposes: our customer management, the processing of orders, sending newsletters, providing information about our activities, our advertising and/or marketing purposes, etc;
- you always have a legal right to inspect and possibly correct your personal data. Provided there is proof of identity (copy of identity card) you can, by means of a written, dated and signed request to Brouwerij B bvba, obtain a free written copy of your personal details. If necessary, you can ask to correct data that are incorrect, incomplete or irrelevant;
- your personal details will under no circumstances be passed on, rented or sold to third parties;
- you are responsible for keeping your log-in data confidential and for the use of your password. The latter is stored in encrypted form and Brouwerij B bvba has no access to it.
- Brouwerij B bvba can collect anonymous or aggregated data of non-personal nature, such as browser type or IP-address, the operating system you use or the domain name of the website that directed you to Brouwerij B bvba, or through which you leave our site. This enables us to permanently optimise the Brouwerij B bvba -website for our users.
During a visit to our site, 'cookies' may be placed on the hard disk of your computer. A cookie is a text file that is placed by a website server in your computer's browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals, a cookie can only identify a device. We mention:
- 'First party cookies' are technical cookies used by the visited site itself and whose purpose is to make it function optimally. Examples include user settings from previous visits to the site or, for example, a pre-filled form with data entered by the customer during previous visits.
- Third-party cookies' are cookies that do not originate from the website itself, but from third parties, such as a marketing or advertising plug-in from Facebook or Google Analytics (see below). For such cookies, the site visitor must first give consent. This can be done via a bar at the bottom or top of the website, with reference to this policy, which does not prevent further surfing on the website.
For Google Analytics users, we would like to point out the following:
You can set your Internet browser so that cookies are not accepted, that you receive a warning when a cookie is installed or that cookies are subsequently removed from your hard disk. You can do this through the settings (the help function) of your browser. Please note, however, that as a result certain graphical elements may not appear correctly or you may not be able to use certain applications.
Article 12: Invalidity - non-waivers
If any provision of these terms and conditions is declared invalid, unlawful or null and void, this will in no way affect the validity, legality and applicability of the other provisions.
Failure by Brouwerij B bvba, at any time, to enforce one of the rights mentioned in these conditions, or to exercise any right, will never be seen as a renunciation of such a provision and will never affect the validity of these rights.
Article 13: Client service Brewery B bvba
Brouwerij B bvba customer service can be reached at the email address firstname.lastname@example.org or by mail at the address: Brouwerij B bvba - Gildestraat 1, 8370 Blankenberge
Article 14: Changes in conditions
The general sales conditions of Brouwerij B bvba can be completed with other conditions, explicitly referred to. In case of contradiction, the first mentioned clauses prevail. Brouwerij B bvba can always change these without further notice. Each purchase after such a modification, implies the acceptance of these new conditions by the customer.
Article 15: Proof
The customer accepts that electronic forms of communication and back-ups can serve as proof.
Article 16: Applicable law - Competent court
Belgian law shall apply, with the exception of the provisions of private international law concerning the applicable law and with the clauses of the Rome I Regulation in connection with international purchase agreements relating to movable property. In case of any disputes, only the Court of Bruges (companies) and the Justice of the Peace of Bruges (consumers) are competent.