Terms and Conditions
Article 1. Identity of the seller
Vinum-S BVBA, with company number 0896.767.275, has its registered office and geographical address at 9120 Melsele, Esstraat 9.
You can contact Vinum-S as follows:
Tel. +32 495 140 199;
Fax machine. +32 3 336 76 46;
Email: info@vinum-s.com
Article 2. Scope
The general terms and conditions of the company Vinum S BVBA (hereinafter: “seller”, being a legal person who sells consumer goods in the context of its professional activity or commercial activity) will apply to all agreements concluded between a consumer or company (hereinafter : “Customer”) and the seller in respect of any goods or services offered on the seller’s online website. The general terms and conditions of the customer themselves do not apply, unless expressly agreed otherwise.
By consumer is meant any natural person who acts for purposes unrelated to his professional or commercial activity. An enterprise is any natural person or legal entity that pursues an economic goal in a sustainable manner, as well as its associations.
Article 3. Conclusion of the agreement
The description of the goods on the online website does not constitute a binding offer on the part of the seller, but only serves the purpose of entering into a binding offer by the customer.
The customer can proceed to enter into the binding offer by completing the online order form integrated into the online website. After selecting the products and / or services, they are placed in a virtual basket. When completing the ordering process, the customer must first tick the box with the sentence “yes, I have read the general terms and conditions and I agree”. As a result, the customer will agree to these terms and conditions. At that time it is also possible to save the general terms and conditions in a PDF file so that the customer can view, save and print them. Finally, the ordering process is ended by the customer pressing the “pay” button.
The seller will accept the customer’s order within a maximum of five days from the day on which the customer placed the order. This confirmation will be communicated to the customer via an “order confirmation” by e-mail. This order confirmation email will again contain the details of your order, as well as the PDF downloadable file with the general terms and conditions and the model withdrawal form.
It is the customer’s responsibility to ensure that the email address entered is correct so that the order confirmation email can be received by the customer. It is also the customer’s responsibility, if SPAM filters are used, to ensure that emails sent by the seller are received by the customer.
Article 4. Prices
All prices of the goods are shown in euros and are exclusive of VAT and exclusive of shipping costs, unless explicitly stated otherwise.
In case of delivery to countries outside Europe, the seller is not responsible for any additional costs that may arise in certain individual cases. These additional costs must be borne by the customer himself. This concerns, for example, import taxes that should be paid where appropriate.
Article 5. Payment method
The price is only payable in euros.
The price must be paid in full immediately upon order confirmation. Exceptionally, cash payment is possible upon collection at the seller’s warehouse if the customer so chooses. When paying by bank transfer, the invoice is payable within 8 days.
Payment can be made using the following methods:
- Creditcard: Visa / MasterCard
- Bancontact (BE)
- Belfius Direct net (BE)
- KBC / CBC (BE)
- IDEAL (NL, EU)
- SOFORT BANKING (DE, EU)
The customer can also find these payment methods on the seller’s online webshop.
Article 6. Availability of the goods
All offers on the webshop are subject to availability. If a good unexpectedly would suddenly become unavailable, the customer will be informed by e-mail by the seller. The customer will have the choice to accept an alternative offered by the seller or to receive a refund of the price paid.
Article 7. Delivery period
Delivery will take place no later than 30 days after the conclusion of the agreement, and therefore within 30 days after payment by the customer. The seller reserves the right to contractually agree with the customer on a delivery period exceeding 30 days.
Article 8. Delivery method
The goods will actually be delivered by actual handing over of the goods to the customer.
The customer is obliged to receive the delivered goods and to provide the necessary space so that the goods can actually be delivered. The seller delivers the goods to the buyer’s building in a room on the ground floor.
Orders are delivered to the address specified by the customer at the time of his order. The driver or transporter can request proof of identity upon delivery. The customer signs for receipt of the delivery by signing a delivery note.
If delivery by the carrier to the customer is not possible and the goods are delivered back to the seller, the customer will have to bear the costs for the failed shipment. This does not apply if the customer makes use of his right of withdrawal, or if delivery was impossible due to circumstances beyond the control of the customer, or if the customer is temporarily prevented from receiving the delivery service offered, unless the seller has given the customer a reasonable time. informed in advance about the service. It is up to the customer to demonstrate an impossibility beyond his control.
The customer also has the option to collect the goods himself from the seller’s warehouse, at the following address: Esstraat 9, 9120 Melsele. This method is preferred by the seller.
The seller will inform the customer by e-mail that the goods are available for collection. After receiving this e-mail, the customer can collect the goods in consultation with the seller. In that case, of course, no shipping costs will be charged.
Article 9. Shipping costs
If the customer chooses to have the goods delivered by the seller, the customer will have to pay shipping costs.
Shipping costs vary according to the destination of the goods. The customer will always be able to find out the exact price of the shipping costs before an order is definitively placed.
Article 10. Transfer of risk
The risk of loss or damage to goods transfers from the seller to the customer as soon as the customer or a third party designated by him, who is not the carrier, has physically taken possession of the goods.
However, the risk passes to the customer upon delivery to the carrier if the latter has been instructed by the customer to transport the goods and this choice was not offered by the seller, without prejudice to the customer’s rights against the carrier.
Furthermore, the seller cannot be held liable for any consequential damage due to late delivery or non-delivery by the carrier appointed by the seller. In such cases, the seller’s liability is limited to the selling price charged by the seller for the items received by the customer.
Article 11. Right of withdrawal
The customer has the right to withdraw from the agreement within fourteen calendar days from the physical delivery of the goods. If the customer is not at home and the parcel arrives at a collection point, the term will start when the customer picks it up there. If the term expires on a Saturday, Sunday or public holiday, the term will be extended to the following working day.
In view of the nature of the goods sold on this online webshop, the right of withdrawal is only possible if the goods are unused and unopened in the original packaging. In the absence of this, the customer will not be able to invoke the right of withdrawal.
In addition, the customer is not entitled to revoke the agreement for the delivery of alcoholic drinks, the price of which was agreed upon at the conclusion of the agreement and delivery can only take place thirty days after the order of the goods, and on which the actual value depends. market fluctuations over which the seller has no influence.
The customer can exercise the right of withdrawal by contacting the seller or by means of an e-mail or fax that expressly and clearly describes that he is invoking the right of withdrawal (Esstraat 9, 9120 Melsele; tel. +32 495 140 199; info@vinum-s.com). The customer can also use the model withdrawal form, which the customer will receive attached to the order confirmation email. This form can also be found on the website under the link “revocation”. Use of this model is not mandatory. Return of the goods without an enclosed declaration of withdrawal is not sufficient.
Withdrawal has the following two consequences:
- Return of the goods by the customer immediately and in any case within fourteen days after withdrawal, in the unused and unopened original packaging. The costs of return are borne by the customer.
- Refund (in cash) by the seller within fourteen days following the day on which the seller is informed of the withdrawal decision. The seller reserves the right to postpone reimbursement as long as the seller has not received the goods or it has not been demonstrated that the goods have been returned. The customer can prove dispatch by means of a written statement from the transport service stating the shipper and recipient.
The customer is timely if the withdrawal is sent within fourteen days after physical receipt of the goods. It is not necessary for the seller to have received the notification within this period.
Article 12. Conformity of the goods and commercial guarantee
In view of the nature of the goods sold on this website, being old and exclusive wines, no guarantee can be given for the taste of cork or, more generally, a bad taste of the wine.
The seller does, however, guarantee that the delivered good will be in accordance with the concluded agreement and that it will offer the quality that is normal for goods of the same type and that the consumer can reasonably expect, given the nature of the good. In doing so, the customer must take into account the age of the purchased wine and the negative impact of this on the taste of the wine. The customer cannot appeal to the seller for this.
Article 13. Extrajudicial dispute resolution
The European Commission provides on its website the following link regarding
Alternative Dispute Resolution: https://ec.europa.eu/odr.
This platform will serve as an out-of-court dispute resolution for disputes arising from the online sale concluded between the customer and the seller. The customer must first and foremost formulate his complaint against the seller in this way and exhaust the dispute procedure provided there, before taking any legal action.
Article 14. Choice of forum
If the customer is a company whose registered office is located in Belgium or abroad, the Belgian court will be competent for all legal disputes arising from the concluded agreement.
In case the customer is a consumer, the Belgian courts have jurisdiction if the consumer and the seller have their domicile or habitual residence in Belgium at the time the contract is concluded. In other cases, the consumer will, in accordance with Article 18 of Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, be able to bring legal action against the seller before the Belgian courts or before the courts of the place where the consumer lives. The seller naturally prefers the Belgian forum.
Article 15. Choice of law
Belgian law applies to all legal relationships between the parties, with the exception of the United Nations Convention of April 11, 1980 on Contracts for the International Sale of Goods.
With regard to consumers, the choice of law is only valid if the choice of Belgian law does not result in the consumer losing the protection to which he or she is entitled under the applicable law in the absence of a choice of law (art. 6.2 Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)).
Article 16. Withdrawal
You can request a withdrawal using the form below.
Click here to download the withdrawal form
Article 17. Disclaimer
Vinum S, hereinafter referred to as, hereby grants you access to www.vinum-s.com and invites you to purchase the offered.
Vinum S reserves the right to change the content or remove parts at any time without having to notify you.
Article 18. Limited Liability
Vinum S makes every effort to update and / or supplement the content of www.vinum-s.com as often as possible. Despite this care and attention, it is possible that content is incomplete and / or incorrect.
The materials offered on www.vinum-s.com are offered without any form of warranty or claim to correctness. These materials can change at any time without prior notification from Vinum S.
Specifically for prices and other information about products on www.vinum-s.com, there is a reservation of obvious programming and typing errors. You cannot claim an agreement with Vinum S on the basis of such errors. Vinum S can never accept liability for hyperlinks to websites or services of third parties included on www.vinum-s.com.
Article 19. Copyright
All intellectual property rights concerning these materials belong to Vinum S.
Copying, distribution and any other use of these materials is not permitted without written permission from Vinum S, except and only insofar otherwise established in regulations of mandatory law (such as the right to quote), unless stated otherwise at specific materials.