Sybarite Distillery BV
BTW BE 0736.371.441
APPLICABILITY GENERAL CONDITIONS OF SALE
These General Conditions of Sale apply to all Product purchases. When placing an order, Buyer explicitly accepts these General Conditions of Sale and agrees to its application, excluding any other terms and conditions. Buyer’s general or special conditions are expressly excluded. Additional conditions of the Buyer shall be excluded, except with the prior, written and express acceptance by Seller.
Seller reserves the right to change these General Conditions of Sale from time to time. The version of these General Conditions of Sale which existed at the time of the order will continue to apply between Buyer and Seller regarding the purchase.
The prices of the Product are listed on the Website and are set at the time of ordering. All prices listed are expressed in Euros, always including VAT and other taxes which are due by the Buyer. Any other costs, such as shipping costs, are listed separately.
The declaration of price only refers to the Product as described in writing. The accompanying photographs are for decorative purposes only and may contain elements that are not included in the price.
OFFER AND ACCEPTANCE
Despite the fact that the website and the description of the Product, the characteristics and illustrations are compiled with the utmost care, it is still possible that the information offered is incomplete, contains material errors or is not up-to-date. Obvious mistakes or errors in the offer do not bind Seller. Concerning the accuracy and completeness of the information offered, the Seller only has a commitment of resources. Seller is under no circumstances liable in the event of manifest material errors, typing or printing errors.
When Buyer has specific questions about e.g. sizes, colour, availability, delivery period or delivery method, we ask the Buyer to contact us in advance via the Website.
The offer always applies as long as the stock lasts and can be adjusted or withdrawn at any time by Seller. Seller cannot be held liable for any damage as a result from the temporary or permanent inavailability of the Product.
By ordering via the Website, the Buyer confirms that he has reached the legal age of eighteen (18) years and that the Buyer has legal permission to buy alcoholic beverages. In accordance with Article 6, Section 6 of the Belgian Law on the Protection of The Health of the User with Regard to Food and Other Products, the Seller may ask the Buyer to prove that the Buyer is older than eighteen (18) years.
Buyer accepts the offer of the Seller by placing the order via the Website. This purchase is binding. The Seller sends an order confirmation to the email address specified by the Buyer within seven (7) calendar days at the latest.
The Seller reserves the right to accept or not to accept the purchase of the Buyer. The purchase may be refused, among other things, but not exclusively, for the following reasons:
– the Buyer does not provide the requested information for identification or provided incomplete or incorrect information,
– the Buyer tries to sign up several times by using different names,
– the Buyer uses other people’s identity, proxies or temporary email addresses,
– the Buyer does not fulfil one or more obligations set out in these General Conditions of Sale or has failed to do so in the past, or Seller can reasonably assume that Buyer will not fulfil such an obligation, or
– Any other reason why Seller can reasonably judge that the purchase cannot be accepted.
Unless otherwise agreed, the Seller only accepts advance payment through the Website. Seller accepts payment of the Product via credit card and Bancontact.
If Buyer notices inaccuracies in his payment details or notices something suspicious during his payment, the Buyer must immediately report it to the Seller via firstname.lastname@example.org.
PENALTIES FOR NON-PAYMENT
Without prejudice to the exercise of other rights available to Seller, in the case of non- or late payment, the Buyer shall be liable for an interest of 10% per year on the unpaid amount from the date of the default and without prior notice. In addition, the Seller is entitled to a flat-rate compensation of 10% on the amount in question, with a minimum of EUR 25 per invoice.
The Product supplied remains until the time of entire payment by the Buyer, the exclusive property of Seller, although the risk of loss or damage is transferred to the Buyer as soon as Buyer (or a third party designated by Buyer) has physically received the Product. The Seller’s delivery obligation is suspended until the time of full payment by the Buyer.
The Buyer undertakes, if necessary, to inform third parties of Seller’s retention of ownership, e.g. to anyone who would seize any items not yet paid. In this context, the Buyer undertakes to immediately inform the Seller in writing of a possible seizure of delivered Product by a third party.
The Product will be delivered to the Buyer after payment to the address indicated by Buyer on the order. The Seller makes all reasonable efforts to deliver the Product within 7 business days of date of order. Due to external circumstances, it may take longer. This is a commitment of resources and not a commitment to the result.
It is the Buyer’s responsibility to ensure that the delivery can be made at the agreed location in the presence of Buyer or in the presence of a third party designated by Buyer. Delivery occurred as soon as the ordered Product is first offered to the Buyer. If a delivery offered is unsuccessful due to Buyer’s shortcoming or a shortcoming by the third-party designated by the Buyer, then the cost of new delivery attempts is entirely at the Buyer’s expense.
RIGHT OF WITHDRAWAL
If the Consumer buys Product online (except for the exceptions listed below), the Consumer has the right to decide within 14 calendar days from the day after delivery that it does not wish to keep the Product.
If the Consumer wishes to use this right of withdrawal, the Seller must be informed in writing. This notification must be made via the ‘Withdrawal Model Form’, which can be found on the Website and this within 14 calendar days from the day after delivery via email@example.com.
The Consumer can then return the order without payment of a fine and without giving reason within 14 calendar days (the costs for shipping will be borne by the Consumer). Within 30 calendar days of the Seller having recovered the order, the Seller will refund the Consumer the full purchase price of the returned Product, excluding the original delivery costs.
During the first 14 calendar days after the day of receipt of the delivery, the Seller expects the Consumer to handle the delivery and packaging carefully if the Consumer intends to possibly return the Product. If the Consumer still wants to be able to return the Product as described above, the Buyer may only unpack them to that extent necessary to assess whether Consumer wants to keep the Product. Given the nature of the Product, returned goods may not have been used. This implies, among other things, that the packaging is in good condition and is not damaged (e.g. the seals must still be intact).
If the Consumer sends the Product back, this must be done together with all the accessories delivered and, if reasonably possible, in the original condition and packaging and taking into account the Seller’s instructions.
If the Product returns, the Consumer is responsible for the transport and the costs linked thereto. The right of withdrawal has not been validly exercised until the Seller has received the Product back and the Product is in good condition (as described above). If the Product (in whole or in part) is lost or damaged in transport, or does not meet the above conditions, the Seller cannot reimburse the Consumer.
Under the Law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the Consumer has legal rights. This legal guarantee applies from the date of delivery to the first owner. The legal warranty can be invoked if a defect is found in the delivered Product within 2 years of delivery. And this without prejudice to any other commercial guarantee.
In order to invoke the warranty, the Consumer must be able to submit a proof of purchase. Consumers are advised to keep the original packaging of the Product.
For items purchased online and delivered to the Consumer at home, the Consumer must contact the Seller’s customer service and return the item to Seller at his expense.
After determination of a defect, the Consumer should inform the Seller as soon as possible via the Website firstname.lastname@example.org. In any event, any defect should be reported by the Consumer within a period of 2 months of its determination. After that, any right to repair or replacement expires.
This warranty covers the replacement of the defective Product. However, if replacement is not possible, unreasonable for the Seller or causes serious inconvenience to the Consumer, the Seller undertakes to allow an appropriate price reduction or, in the event of a serious defect, to terminate the contract and repay the full price, provided that the Product is returned.
The (commercial and/or legal) warranty shall never apply to defects arising from the removal of the seal or after removing or making the serial number and other numbering of the product series unreadable due to accidents, neglect, falls, use of the Product in breach of purpose for which it was designed, failure to comply with the instructions or manual, adjustments or modifications to the Product, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects manifesting after a period of 6 months following the date of purchase, or delivery as the case may be, are considered not to be hidden defects, unless the Consumer can prove otherwise.
The Seller’s customer service can be reached by e-mail on email@example.com or by post at the following address: Galgestraat 27, 2800 Mechelen. Any complaints may be addressed to such address.
In any case, the Seller’s liability is limited to the amount paid by the Buyer for the Product, except in the case of willful misconduct or gross negligence. To the extent permitted by law, the Seller is not liable for any indirect damage or consequential damage.
The Website, logos, texts, photos, brands, names and in general all communication of the Seller are protected by intellectual property rights that are either with the Seller or the suppliers or other right holders.
It is prohibited to use and/or make changes to intellectual property rights as described in this article. For example, the Buyer may not copy or reproduce drawings, pictures, names, texts, logos, colour combination, etc … without prior and express written consent of the Seller.
In the event of force majeure, the Seller is not required to fulfil its obligations. In that case, Seller may either suspend its obligations for the duration of force majeure or permanently terminate the agreement. The Buyer also has the same right in cases of force majeure.
Force majeure is any circumstance beyond the will and control of the parties which prevents the full or partial compliance with contractual obligations. This includes, but is not limited to, strikes, fire, company failures, energy failures, failures in a (telecommunications) network or connection or communications systems used and/or the Website not being available, not or untimely delivery by suppliers or other third parties, …
If the force majeure situation lasts longer than two (2) months, each party is entitled to terminate the agreement by notifying the other party in writing, without the parties having to pay each other a fee (except the repayment of any Product already paid by Buyer but not yet delivered).
If a provision of these General Conditions of Sale is declared invalid, unlawful or annulled, it will in no way affect the validity, legality and applicability of the other provisions.
The failure at any time by Seller to enforce one of the rights listed in these General Conditions of Sale, or to exercise any such right, will never be seen as a waiver to such rights and will never affect the validity of these rights.
APPLICABLE LAW-COMPETENT COURT in CASE of DISPUTES
All agreements concluded with the application of these General Conditions of Sale shall be governed by Belgian law, excluding the United Nations Convention on international sales agreements for movable assets.
To the extent permitted under applicable law, any dispute relating to the interpretation or application of these General Conditions of Sale shall be subject to the exclusive jurisdiction of the courts in which Seller’s head office is located.
“General Conditions of Sale” means these terms and conditions applicable to the relationship between Buyer and Seller when purchasing Product;
“Consumer” means any natural person acting for purposes outside of his trade, business, crafts or professional activity;
“Buyer” means any natural or legal person who is or is in a contractual relationship of any kind with Seller, but not limited to Consumer;
“Agreement” means any agreement whereby the Seller undertakes to supply the products to Buyer and Buyer undertakes to receive and pay the Products supplied by Seller with the acceptance of these General Conditions of Sale;
“Party/Parties” means Buyer and/or Seller;
“Product” means all goods offered for sale on “vertigogin.com”;
“Seller” means Sybarite Distillery BV, as stated in these General Conditions of Sale;
Dear Customer, you only need to fill out and return this form if you want to revoke the agreement.
To Sybarite Distillery BV
I/We (*) let you know that I/we (*) want to revoke our agreement regarding the sale of the following goods (*):
Ordered on (*)/Received on (*):
(*) delete what doesn’t apply.
Read these Usage Conditions Website carefully before using the Website. It describes the conditions for the use of this Website.
These Usage Conditions Website apply to any use of the Website. By giving yourself access to the Website confirmed that you have taken note of and agree to these Usage Conditions Website.
2. ADMINISTRATOR WEBSITE
Sybarite Distillery BV, Galgestraat 27, 2800 Mechelen (VAT 0736.371.441) is the administrator of the Website (hereinafter referred to as ‘Administrator’).
Administrator reserves the right to close access for visitors who do not comply with these Usage Conditions Website, unilaterally and without prior notification.
To place orders on our Website, you must be over 18 years of age. If it turns out that you are a minor, Administrator reserves the right to unilaterally and without prior notification close the access to the Website.
5.1. Administrator has compiled the content of this Website with the utmost care. Administrator does not guarantee that the content is correct, up-to-date and complete. The content is subject to changes and can be deleted at any time. Administrator is not liable for damages as a result of the use of the content on the Website, whether it proved correct or incorrect, nor for damage caused by the use or distribution of this content.
5.2. Administrator shall do everything in its power to grant a permanent 24 hours to 24 and 7 days to 7 access to the Website. However, given the technical characteristics of the Internet and computer resources and the need to carry out periodic maintenance, update or upgrade work, Administrator cannot guarantee uninterrupted access and service. In the event of normally acceptable interruption or disruption of access or service, Administrator shall do everything in its way to remedy this within the shortest possible time frame. Such normally acceptable interruptions or disruptions are peculiar to service via the Internet and cannot be considered as shortcomings.
6. INTELLECTUAL PROPERTY
Administrator is the exclusive rightholder or legal obtaining of the whole of intellectual property rights attached to the Website and the service offered. You undertake in no way and under any form whatsoever to copy, copy, operate, exploit, exploit or use it in any other way, where veritable, except where the Website exists, or part of it, for this purpose the express written and prior consent of Administrator was obtained. These elements include the brand, texts, software, databases, forms, trade names, product names, logos, graphic elements and illustrations, the charts, the music, the slogans and the layouts and each other for protection eligible element.
9. APPLICABLE LAW and COMPETENT COURT
Only Belgian law applies to these Usage Conditions Website. All disputes relating to these Usage Conditions Website, including disputes concerning the existence and validity of these Usage Conditions Website, will be submitted to the relevant court in Mechelen.
During a visit to the website, ‘cookies’ can be placed on your computer’s hard drive. A cookie is a text file that is placed in your computer’s browser or mobile device by a website’s server when you consult a website. Cookies cannot be used to identify people, a cookie can only identify a machine.
‘First party cookies’ are technical cookies used by the site itself visited and aim to make the site function optimally. Example: settings that the user made to the site during the previous visits, or yet: a pre-filled form of data that the user did during previous visits.
‘Third Party cookies’ are cookies that do not come from the website itself, but from third parties, for example a marketing or ad plug-in present. For example, cookies from Facebook or Google Analytics. For such cookies, the visitor to the site must first give permission – this can be done via a bar at the bottom or at the top of the website, with reference to this policy, which does not prevent further browsing on the website.)
You can set up your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this through your browser’s settings (via the help feature). Please note that certain graphics elements cannot appear correctly, or that you will not be able to use certain applications.
DATA PROCESSING PURPOSES
Sybarite Distillery BV collects and processes customers’ personal data for customer and order management (including customer administration, follow-up of orders/deliveries, invoicing, follow-up of solvency, profiling and sending marketing and personalised advertising).
LEGAL BASIS FOR PROCESSING
Personal data is processed on the basis of Article 6.1. (a) (consent) or (b) (necessary for the implementation of an agreement) of the General Data Protection Regulation.
To the extent that the processing of the personal data takes place on the basis of Article 6.1. (a) (consent), the customer always has the right to withdraw the consent given.
PERIOD OF DETENTION
Personal data processed for customer management will be retained during the time limit necessary to meet the legal requirements (including in the field of accounting).
Right of access, improvement, delusion, limitation, objection and transferability of personal data
The customer is entitled to access his personal data at any time and can improve them if they are incorrect or incomplete, have them removed, have their processing restricted and object to the processing of him on personal data on the basis of Article 6.1 (e) or (f), including profiling based on those provisions.
In addition, the customer has the right to obtain a copy (in a structured, common and machine-readable form) of his personal data and to have the personal data forwarded to another company.
In order to exercise the above mentioned rights, the customer is asked to:
– to adjust the settings of his customer account themselves, /or
– send an email to the following email address: firstname.lastname@example.org
provided proof of the customer’s identity
The customer has the right to oppose any processing of his personal data free of charge for direct marketing purposes.
The customer has the right to file a complaint with the Commission for the Protection of Privacy (Drukpersstraat 35, 1000 Brussels – email@example.com).