Our general terms and conditions of sale apply to all contracts concluded by or with our company, to the exclusion of the sales or purchase conditions of our contracting party, unless we have given our express written consent.
2.1. The price is the one stated on the delivery confirmation and is communicated excluding VAT and in EURO.
2.2. The prices we quote apply to delivery at our premises. If our company is required to deliver the goods to the client, this will be done at the client's expense unless otherwise agreed.
3.1. Delivery times are provided for information purposes only and are therefore not binding unless expressly agreed otherwise between the parties.
3.2. Delays in delivery by our company can never give rise to the dissolution of the contract. The client may not claim compensation for late delivery without first sending a written notice (by registered mail) giving our company a final deadline of fifteen calendar days to proceed with delivery. Actual damage must be proven and is conventionally limited to 5% of the sale price (excl. VAT) of the goods delivered late.
3.3. Deliveries outside our premises are in principle made on the ground floor. If deliveries are required on an upper floor or in a basement, additional charges may be applied.
3.4. Deliveries outside our premises are made at the client's risk, and the client should insure against possible damage and/or theft. The risk passes to the client from the moment the goods leave our warehouse. The client must ensure that someone is present at the time of delivery to receive the goods; failing this, the delivery may be left at the delivery address at the client's own risk, unless the client has expressly objected to this.
4.1. By placing an order, the client authorises their employees to receive the goods and sign the delivery note or transport documents.
4.2. The client or their employee(s) must inspect the goods immediately upon receipt under penalty of forfeiture. Any visible defects, breakages and/or non-conforming deliveries must be reported upon receipt.
4.3. Complaints about visible defects, breakages and/or non-conforming deliveries that were not noted on the signed delivery note/transport documents will not be accepted, and it will be assumed that these directly verifiable non-conformities, breakages or visible defects occurred afterwards and are no longer the responsibility of our company. If, due to circumstances, no delivery note or transport documents are signed, complaints about visible defects, breakages and/or non-conforming deliveries must be reported within 48 hours of the dispatch of the delivery confirmation by our company by mail or telephone.
4.4. Our company has the choice between:
4.6. A client who unjustifiably refuses to accept or collect the offered goods within fifteen calendar days of a formal notice must pay the resulting costs, such as storage and freight charges, regardless of any other compensation including the agreed price, interest and the lump-sum increase to which our company is entitled. Storage costs amount to €0.50 per 6 bottles per calendar day that they are not collected.
5.1. Loss of quality is inherent to the nature of the product due to normal ageing and the method of storage. Therefore, a maximum warranty of three months is given for hidden defects. Hidden defects that manifest more than three months after delivery are deemed not to have been present at the time of delivery and are considered to be the result of exposure to humidity, dryness, heat or cold, improper use of the product, transport, negligence, an accident or intent.
5.2. The warranty for hidden defects is not transferable.
5.3. If a product has a hidden defect, the client must, after identifying the defect, (1) leave a maximum amount of wine in the original bottle, seal the bottle with the original cork and store the bottle in a cool place, (2) notify our company of the defect and (3) send the product to our company within three days of our company's agreement, together with the purchase invoice which serves as proof of warranty, for verification of the defect.
5.4. If the hidden defect is accepted by our company, our company will compensate for the defective product at its own discretion by (1) replacing the bottle with the same wine (same or different vintage) or (2) by refunding a portion of the price proportionate to the defect.
The delivered goods remain the property of our company until full payment of the principal, costs and interest has been received.
7.1. The price is payable upon receipt of the goods unless otherwise stated on the invoice.
7.2. The invoice amount must be paid net. A discount for immediate payment may only be deducted if this has been expressly agreed in advance.
7.3. In the event of (total or partial) non-payment and/or late payment, the unpaid balance of the price at the due date will, automatically and without any formal notice being required, be increased by a lump-sum compensation of 15%, with a minimum of €150.00, corresponding to the inconvenience caused to our company and the administrative costs incurred in this regard, excluding court costs and the costs and fees of the legal counsel appointed by our company.
In addition, default interest is due automatically and without formal notice, calculated in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions.
7.4. Any failure to pay an invoice on its due date or any late payment renders all invoices, even those not yet due, already issued and sent to the client immediately payable, and automatically cancels any payment facility or cash discount for the future.
7.5. In the event of (total or partial) non-payment on the due date, non-payment for any reason whatsoever, or failure to fulfil even one contractual obligation, we reserve the right to:
If our company's confidence in the client's creditworthiness is shaken by late payment or non-payment, by acts of judicial enforcement against the client and/or other demonstrable events that call into question and/or make impossible the confidence in the proper fulfilment of the obligations entered into by the client, our company reserves the right to demand appropriate guarantees from the client. If the client refuses, our company reserves the right to cancel the entire order or part thereof, even if the goods have already been dispatched in whole or in part.
We reserve the right to consider the contract dissolved by operation of law and without prior formal notice — and we cannot be held liable — if we are unable to execute the contract, including but not limited to cases of force majeure, strike, lockout, riot, mobilisation, fire, epidemic, (serious) illness, flooding, natural disasters, government measures, bankruptcy of our supplier, armed robbery, and (unavoidable) defects in our production chain.
If we are unable to continue the execution of the contract due to force majeure for a period of more than three months, we reserve the right to consider the contract dissolved by operation of law and without prior formal notice, and we cannot be held liable.
In the event of a dispute, the Justice of the Peace of the First Canton of Kortrijk or the Courts of Kortrijk have exclusive jurisdiction.
This contract is governed by Belgian law, to the exclusion of private international law and the Vienna Convention on Sales.
Belgian law prohibits the purchase of alcoholic beverages by minors. The minimum age is 18 years for beverages with an alcohol content of more than 22% vol. and 16 years for alcoholic beverages with a lower alcohol content. By agreeing to our general terms and conditions, you confirm that you are above these age limits.
