General Terms & Conditions
Article 1. Seller's Identity
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. +32 3 336 76 46;
Article 2. Scope
The general conditions of the company Vinum S BVBA (hereinafter: "The seller", being a legal person who sells consumer goods in the course of his business or commercial activity) will apply to all contracts concluded between a consumer or an enterprise (hereinafter "Customer") and the seller with respect to any goods or services offered on the online website of the seller. The general conditions of the customer do not apply unless it is explicitly mutually agreed upon.
The consumer is defined as any natural person who is acting for purposes not related to his professional or commercial activity. A company is any natural or legal entity pursuing an economic goal on a lasting basis, 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 may decide to enter into the binding offer by filling out the online order form integrated in the online website. After the selection of the goods and/or services, these are placed in a virtual basket. Upon completing of the ordering process, the customer will be required to first tick the box with the phrase "Yes, I have read and agree to the terms and conditions". This ensures that the customer agrees to these terms and conditions. It is also possible at this time to save the general conditions in a PDF file for the customer to view, save and print. The ordering process is ended finally when the customer presses the "pay" button.
The seller will accept the customer order within a maximum of five days from the date the customer placed the order. This confirmation will be brought to the customer's knowledge through a "confirmation" email. This order confirmation email will again contain the details of your order, as well as a downloadable PDF file with the terms and conditions and the model withdrawal form.
It is the customer's responsibility to ensure that he/she has entered their email address correctly so that the confirmation mail can be received by them. It is also the customer's responsibility, if SPAM filters are used, to ensure that e-mails sent by the seller, are received by them.
Article 4. Prices
All prices of the goods are shown in Euros and are exclusive of VAT and shipping costs unless explicitly stated otherwise.
In the case of delivery to countries outside Europe, the seller is not responsible for any additional costs that may arise in individual cases. These additional costs must be borne by the customer. This is, for example, import taxes that should be paid where applicable.
Article 5. Payment Method
The price is only payable in Euros.
The price must be paid in full, immediately upon order confirmation. A cash on collection at the seller's warehouse is an exception if the customer prefers. When paying by bank transfer, the invoice is payable within 8 days.
Payment can be made by making use of the following methods:
- Bank Transfer
- Electronic Payment
These payment methods can also be found on the online webstore of the seller.
Article 6. Availability of goods
All offers on the webstore are applicable subject to its availability. When an item becomes unavailable unexpectedly, the customer will be notified by email by the seller. The customer will have the choice of accepting an alternative offer by the seller or to receive a refund of the paid amount.
Article 7. Delivery terms
The delivery will take place no later than 30 days after the conclusion of the agreement, and thus within 30 days after payment by the customer. The seller reserves the right to negotiate a delivery contract with the client if the delivery exceeds 30 days.
Article 8. Delivery Method
The goods are literally delivered by actual handing of the goods to the customer.
The customer is required to accept the goods and provide the necessary space so that the goods can be effectively delivered. The seller delivers the goods to the buyer in a room on the ground floor of their building.
The goods are delivered to the address specified by the customer at the time of placing his order. The driver or carrier may request an ID upon delivery. The customer signs for receipt of the delivery, by signing a delivery note.
If the delivery by the transporter is not possible to the customer, and the goods are sent back to the vendor, the customer will have to bear the costs for the failed delivery. This does not apply if the customer exercises his right of withdrawal or if delivery was not possible due to circumstances beyond the control of the customer, or if the customer is temporarily unable to receive the offered delivery, unless the seller has informed the customer within a reasonable time in advance of the service. It is up to the customer to indicate when such circumstances arise which are beyond their control.
The customer also has the ability to collect the goods himself from the seller's warehouse at the following address: Esstraat 9, 9120 Melsele. This is the preferred method of the seller.
The seller will inform the customer by email that the goods are available for collection. After receiving this email, the customer can collect the goods from the seller as per the agreement. No shipping costs are charged in this case.
Article 9. Shipping Costs
If the customer chooses to have the goods delivered by the seller, the customer will have to pay the shipping costs.
The shipping costs vary depending on the destination of the goods. The customer will always be able to find out the exact price of the shipment costs before an order placement is confirmed.
Article 10. Risk transfer
The risk of loss or damage to goods passes from the seller to the customer when the customer or a third party designated by him, other than the carrier, physically receives the goods into his/her possession.
However, the risk is transferred to the customer upon delivery to the carrier, if the carrier was commissioned by the customer to carry the goods and that choice was not offered by the seller, without prejudice to the rights of the client with respect to the carrier.
Furthermore, the seller shall not be liable for any consequential damage for late delivery or non-delivery by a carrier which has not been appointed by the seller. In such cases, the seller's liability shall be limited to the selling price of the items as offered by the seller and accepted by the customer.
Article 11. Right of withdrawal
The customer has the right to cancel 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 time will effectively start when the customer picks it up there. Should the deadline occur on a Saturday, Sunday or a holiday, the expiry period will be extended until the following working day.
Given the nature of the goods sold at this online shop, the right of withdrawal is only valid if the item is returned unused, unopened and in its original packaging; failing which, the customer will not be able to invoke the right of withdrawal.
Moreover, the customer is not entitled to withdraw from the contract on delivery of alcoholic beverages of which the price has been agreed upon at the conclusion of the contract and of which delivery only takes place thirty days after the ordering of the goods, and of which the actual value will depend on fluctuations in the market in which the seller has no influence.
The customer can exercise the right of withdrawal by contacting the vendor by e-mail or fax, describing explicitly and clearly the nature of the right of withdrawal (Esstraat 9, 9120 Melsele, tel: +32,495,140,199.; firstname.lastname@example.org). The customer can also make use of the standard form of withdrawal which the client will receive as an attachment in the order confirmation email. This form can also be found on the website under the link 'withdrawal'. Use of this model is not mandatory. Return of goods without an accompanying statement of withdrawal is not acceptable.
Revocation has two consequences:
- Return of goods by the customer is subject to return without delay and provided it's within fourteen days after the withdrawal, in 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 notified of the revocation decision. The seller reserves the right to postpone a refund for as long as the seller has not received the goods or it has not been established that the goods have been returned. The customer can prove shipment by means of a written statement from the transportation service to notify the sender and receiver.
The customer is reimbursed if the return is sent within fourteen days after physical receipt of goods. It is not necessary for the seller to receive a notification within that period.
Article 12. Conformity of goods and guarantees
Given the nature of goods sold on this website, being old and exclusive wines, no guarantee can be given for cork taint or, more generally, a poor taste of the wine.
Although the seller guarantees that the goods delivered will be satisfactory in accordance with the agreement and will offer quality that comes standard in goods of the same type and within reasonable expectations of the consumer, given the nature of the property, the customer must take into account the age of the wine purchased, which may in such case have negative impact on the taste of the wine. The customer cannot hold the seller accountable for this.
Article 13. Extrajudicial disputes
The European Commission provides the following link on its website regarding Alternative Dispute Resolution: https://ec.europa.eu/odr.
This platform will serve as extrajudicial dispute resolution for disputes arising from the completed online sale between the customer and the seller. The customer must first exhaust all the other options regarding a complaint against the seller and make use of the anticipated litigation procedure prior to taking any legal action.
Article 14. Forum choice
In the case of the customer being a company, whose registered office is in Belgium or abroad, the Belgian court will have jurisdiction for all the legal disputes arising from the agreement.
In the event that the customer is a consumer, the Belgian courts have jurisdiction if the consumer and the seller, at the time of conclusion of the contract, have the domicile or habitual residence in Belgium. In other cases, the consumer will, in accordance with article 18 of the 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, bring legal proceedings against the seller before the Belgian courts or in the courts for the place where the consumer resides. The seller would no doubt, therefore prefer the Belgian forum.
Article 15. Choice of Law
Belgian law is applicable to all legal relationships between the parties to the exclusion of the Convention of the United Nations of April 11, 1980, on the International Sale of Goods.
Regarding consumers, the choice of law is only valid if the choice of Belgian law does not result in depriving the consumer of the protection which he or she is entitled to under the applicable law in the absence of choice of law (Art. 6.2 Regulation (EC) . 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I)).
Vinum S, hereafter, hereby grants you access to www.vinum-s.com and invites you to purchase from the offerings.
Vinum S thereby reserves the right to modify or remove parts of the contents at any time without having to communicate such modifications with you.
Vinum S endeavours to update the content of www.vinum-s.com and/or supplement as often as possible. Despite this care and attention, it is possible that content may be incomplete and/or incorrect.
The materials offered on www.vinum-s.com are offered without any form of guarantee or claim to correctness. These materials may change at any time without prior notice from Vinum S.
Specifically the prices and other information about the products on www.vinum-s.com, are subject to manifest programming and typographical errors. Based on such errors, Vinum S does not accept liability and no claim with Vinum S will be entertained. Vinum S takes no responsibility for the use of hyperlinks to websites or services of third parties contained at www.vinum-s.com.
All intellectual property rights regarding these materials are held by Vinum S.
Copying, distribution and any other use of these materials are prohibited without the written consent of Vinum S, except and only to the extent provided in regulations by mandatory law (such as the right to quote), unless otherwise indicated in specific materials.
This disclaimer may be amended from time to time.
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