II. General terms and conditions of sale
Table of contents
Paragraph 1 – Applicability
Paragraph 2 – Our offers and your order
Paragraph 3 – Right of cancellation
Paragraph 4 – Price
Paragraph 5 – Payment
Paragraph 6 – Conformity and guarantee
Paragraph 7 – Delivery and fulfilment
Paragraph 8 – Force majeure
Paragraph 9 – Intellectual property
Paragraph 10 – Complaints procedure and disputes
Paragraph 1 Applicability
Our General Terms and Conditions of Sale apply to any goods offered for sale by us as web shop operator, to you (in your capacity as a consumer) and any agreement that is concluded between us.
Before an agreement is concluded between us, we will clearly inform you of the text of these General Terms and Conditions of Sale (as well as the other parts of the General Terms and Conditions) and ask you to accept them.
The General Terms and Conditions are made available to you in a clear format capable of being stored on a durable medium. If we are unable to show you our General Terms and Conditions for any reason, you can get a copy or sight of them from us by emailing firstname.lastname@example.org.
The General Terms and Conditions are made available to you before you have confirmed your order on the website. A web link is used for this purpose. Via this web link you can obtain the general terms and conditions in a format that you can save or print. We recommend that you always do this. You will tick to confirm that you have taken note of the General Terms and Conditions and that you have accepted them in full.
If supplementary special conditions apply in addition to these General Terms and Conditions, the above also pertains to the taking note and acceptance of these special conditions. If our General Terms and Conditions should conflict with these special conditions, you as a consumer can always invoke the most favourable wording in your favour.
Paragraph 2 Our offers and your order
If an offer has a limited validity period or is subject to certain conditions, we will expressly mention this in our offer.
We strive always to describe as fully and accurately as possible what we sell you. We always try to provide you with a sufficiently detailed description to allow you to make a good assessment. If we use images, we try to make them a true representation of the goods and/or services offered. However, the online images may differ from reality, taking into account for example the differences that may arise in the creation of the image (e.g. photo) and the way it is displayed on the screen (and the settings you are using for it).
Fourchette.beer cannot be held liable for any differences between the image and reality. To the extent that you do not wish to go ahead with the sale, you can make use of the right of cancellation within the limits indicated for that purpose.
Your order is complete and the agreement between us is final once fourchette.beer confirms your order by email. For as long as you have not received a confirmation from us, you can still withdraw from your order.
Paragraph 3 Right of cancellation
If you buy goods from us (apart from the exceptions set out below) you have the right to decide within 14 calendar days starting from the day after delivery that you do not want to keep the goods. You can then return your order without payment of a penalty and without giving any reason within the 14 calendar days (the cost of sending it back is payable by yourself). Within 30 calendar days after we have received your order back, we will refund you the full purchase price of the returned goods, together with the original delivery costs. We will always clearly notify you that you have this right when your order is confirmed, or at the latest on delivery.
During the first 14 calendar days after the day of receipt of the delivery we expect you to be careful with the goods and the packaging if you think that you may need to return the goods. If you do want to be able to return the goods as described above, you can only unpack them to the extent necessary to be able to assess whether you wish to keep them. Given the nature of the goods, returned goods must not have been used. This means for example that the packaging must be in good condition and not damaged (e.g. the seals must still be intact).
If you return the goods, this must be done together with all items supplied with them and if reasonably possible in the original condition and packaging and in accordance with our instructions.
If you return goods, you will be responsible for the transport and the cost. The right of cancellation is only validly exercised when we have received the products back and the products are in good condition (as described above). If the products (in whole or in part) are lost or damaged in transport, or if they do not meet the above-mentioned conditions, we will not be able to reimburse you. We recommend that you take out appropriate insurance for this.
Paragraph 4 Price
During the period that we state in our offer, we do not change our prices, apart from price changes due to changes in VAT rates.
Our prices are inclusive of all taxes, VAT, duties and services. So you will never get any surprises.
In addition to the purchase price, you will also be charged shipping costs, which will have been notified to you before you definitively place your purchase. These shipping costs are charged on the basis of the rates applicable at the time of the order and according to the size of the package and the destination. However, these prices can be changed at any time, as we are dependent on an external transport company.
Paragraph 5 Payment
Unless we have agreed otherwise with you, we only accept upfront payment via our website.
If you notice inaccuracies in your payment details or notice anything suspicious during your payment, you must notify us immediately at the email address email@example.com.
www.fourchette.beer normally operates on upfront payment. If this is not the case and hence you have not paid in advance and you do not pay us promptly or not in full, we can charge you the costs that you will have incurred. In any event, you will owe us interest from the thirtieth day after the invoice date without prior notice of default, of 10% per annum on the outstanding invoice amount, as well as a lump sum compensation of 10% per annum on the amount of the outstanding invoice. All goods we send you will remain our property until the moment you have paid for them in full. If you do not (promptly) pay for them, we can decide at any time to take them back at your expense. For as long as you have outstanding invoices with us, you may not resell or give away the goods, nor use them as collateral, nor allow them to be made subject to distraint.
Paragraph 6 Conformity and Guarantee
We guarantee that our goods are in conformity with your order and will meet the normal expectations that you may have, given the specifications of the product. Of course, we also guarantee that our goods comply with all existing laws at the time of your order. To
the extent that you decide that the products do not comply with what was ordered (or are damaged), when they are delivered, you must notify Fourchette.beer within 24 hours by e-mail sent to firstname.lastname@example.org so that Fourchette.beer can secure its rights with regard to the delivery service.
Fourchette.beer is not a manufacturer and only distributes the products through its web shop.
Paragraph 7 Delivery and fulfilment
All goods are delivered after payment has been made to the address given when you place your order. We do our utmost to deliver everything that is ordered before 5 pm on the next working day (in Belgium). Where circumstances are beyond our control, it may take longer. This obligation means that we will make best efforts, but it is not a guarantee.
Insofar as reasonably possible, and depending on matters such as whether the product is in stock, we will deliver your order within 30 days after you place your order at the latest (and provided that the order and the factual data are correct and complete), unless a longer delivery period has been agreed or indicated beforehand. If we cannot deliver on time, we will always notify you before the expiry of this 30-day deadline. If the delivery cannot be made within a maximum of 30 days, you have the right to rescind the agreement free of charge.
The dispatch of goods and vouchers is always at the risk of Fourchette.beer. So you don’t have to worry about goods that may be lost in the post. However, if you send us back goods within 14 calender days of purchase because you prefer not to keep them, you are responsible for the transport.
Paragraph 8 Force majeure
In the event of force majeure, we are not obliged to fulfil our obligations. In that case, we may either suspend our obligations for the duration of the force majeure or rescind the agreement definitively. You as a consumer also have the same right in the event of force majeure.
Force majeure is any circumstance beyond our will and control that prevents the fulfilment of our obligations in whole or in part. This includes amongst other things, strikes, fire, business interruptions, energy failures, malfunctions in a (telecommunications) network or connection or communication systems in use and/or the unavailability of the website of the web shop operator at any time as well as failure by suppliers or other relevant third parties to deliver either at all or on time.
Paragraph 9 Intellectual property
Our website, logos, texts, photographs, names and in general all our communications are protected by intellectual property rights whether they belong to us, our suppliers or other parties holding such rights.
It is forbidden to use and/or make changes to the intellectual property rights as described in this paragraph. For example, you may not copy or reproduce drawings, pictures, names, texts, logos colour combinations, etc. without our prior and express written consent.
Paragraph 10 Complaints procedure and disputes
Of course, we always hope that all our customers are 100% satisfied. However, if you have complaints about our services, you can invoke the complaints procedure via the contact form. We will do everything we can to deal with your complaint within a reasonable period of time. You can also reach us at the following address: Brouwerij Van Steenberge, Lindenlaan 25 9940 Ertvelde.
All agreements we conclude with our customers, irrespective of their place of residence, are governed exclusively by Belgian law.
III. General provisions
If these General Terms and Conditions are amended, the new version will be available on the website and this new version will apply from your next order via the website (entailing acceptance of the General Conditions by ticking to agree). From that moment on, you will be deemed to have actual notice of these conditions and to have agreed to them. It is therefore important to check the date of amendment mentioned above for each order.
2. Applicable law and jurisdiction clause
These General Terms and Conditions shall be governed, interpreted and applied in accordance with Belgian law, which shall apply exclusively to any dispute.
The courts of the judicial district of Ghent in Belgium shall have exclusive jurisdiction to adjudge any dispute that may arise from the interpretation or implementation of these General Terms and Conditions, without prejudice to the possible application of any mandatory statutory provisions.
By ticking that you have taken note of and have accepted the General Terms and Conditions, this implies acceptance of all provisions of these General Terms and Conditions.
For any additional information or remarks regarding these General Terms and Conditions, please contact Fourchette.beer at the following address: Brouwerij Van Steenberge, Lindenlaan 25 9940 Ertvelde or via email@example.com.
Any complaint or dispute must be sent to the above mentioned address by Recorded Delivery.
All communication from us to you will be made via the website or by e-mail.
Can I still return my order?[I1]
If a non-personalised product is not completely as you expected, you can return it in the original packaging and in new condition within 14 calender days, without giving any reasons.
Please notify us beforehand of returns by email at firstname.lastname@example.org.
Send the item in a sufficiently stamped package, stating your details (name, phone number and e-mail address) back to: Ginsonline, Xavier de Cocklaan 3 in 9831 Sint-Martens-Latem (Deurle), Belgium.
If the items have been received correctly returned, Fourchette.beer will refund to you the amount due within 30 days (excluding the initial shipping costs and the shipping costs you have incurred to return the product).
Due to the specific nature of these goods, the right to change, return or cancel your order will expire if the packaging of consumable products is opened.
If you have a complaint about a particular product, we ask you to report this in writing to us by mail at email@example.com and always illustrate your complaint with a photograph.