Terms and Conditions
These general terms and conditions (the “General Terms and Conditions”) apply to all deliveries and services by Belgian Barrels Alliance (BBA), with registered office at Dorsershof 3D, 1932 Zaventem, Belgium, with company number BE0720457996; unless explicitly stated otherwise in a written agreement. By signing an agreement, order form or online order, the client (also referred to as the customer) declares to be aware of these delivery conditions. The client explicitly acknowledges that the provisions of the sales and delivery conditions of BBA take precedence over the relevant provisions of the consumer. Deviation from the general delivery conditions is only possible if this is explicitly included in an agreement between the consumer and BBA.
Article 1 – Definitions
1. Consumer: the natural or legal person with whom BBA concludes an agreement for the provision of services or goods
2. Reflection period: the period within which the consumer/customer can make use of his right of withdrawal.
3. Right of withdrawal: the consumer's option to cancel the distance contract within the cooling-off period. The consumer must communicate this by e-mail.
Article 2 – Processing of personal data
1. In order to be able to execute its agreements, BBA, as the person responsible for the processing/delivery, collects personal data from the consumer. These personal data can also be used by BBA for direct marketing. This allows BBA to inform the consumer at regular intervals about its activities or novelties.
2. If the consumer does not want his data to be used for this purpose, he can oppose this free of charge and let us know by e-mail.
3. The consumer can consult, correct or change his personal data by sending a dated, signed letter with proof of his identity (ID) to email@example.com. Under no circumstances will these personal data be passed on to third parties, unless they are explicitly required for the registration of products via third parties.
5. For more information about your privacy, please contact us at firstname.lastname@example.org.
Article 3 – Applicable law and exclusive jurisdiction
1. Belgian law applies to this agreement concluded with BBA. Any dispute related to this agreement will be exclusively dealt with by the courts of the Halle-Vilvoorde district.
2. If one or more articles of these terms and conditions are declared invalid by a court decision, other provisions of these general terms and conditions will remain in full force and effect and BBA and the consumer will consult in order to observe new provisions to replace the void or voided provisions be taken.
3. These terms and conditions are subject to typing errors.
Article 4 – Duration and termination
1. The sale of goods or services by BBA to the consumer is regarded as a one-off commitment and therefore has no term, unless otherwise agreed.
2. The cancellation of an order by the consumer is possible as long as BBA has not had to stock up, has had to incur costs and the order has not yet been shipped.
3. If the order is prepared or has been shipped, the order can no longer be canceled under any circumstances.
4. BBA has the right to terminate the agreement(s) without notice of default or judicial intervention with immediate effect if the consumer does not, improperly or incompletely adhere to the agreement(s) concluded with BBA, including the associated delivery conditions.
5. BBA has the right to terminate the agreement(s) with immediate effect without notice of default or judicial intervention if the consumer has not made the payment within the stipulated payment term.
6. Subscriptions have an indefinite duration and continue until the customer cancels. Cancellation must be done by e-mail and must be done at least 15 days before the next package is scheduled.
7. Amounts paid or deducted for a subscription will not be refunded under any circumstances. You can cancel a subscription at any time, after which no more amounts will be deducted. Packages that have already been paid for will still be sent.
Article 5 – Prices
1. The prices communicated by BBA on the website and through other channels are always indicative and are valid for only 14 calendar days.
2. All prices are in Euro and exclusive of VAT, unless otherwise indicated, and are payable as stated on the invoice.
3. All prices quoted by BBA on the website are subject to errors when entering these prices on the website. BBA cannot be obliged to deliver at these rates in the event of an incorrect price display on the website.
4. Each promotion applies per customer and promotions cannot be combined with each other. In the event of consumer abuse of promotions, for example by deliberately creating multiple accounts, BBA may decide not to apply promotions.
Article 6 – Delivery, payment and protest periods
If a customer, established in a Member State of the EU other than that of BBA, purchases alcoholic beverages on BBA, this is only possible under strict conditions:
1. The alcoholic beverages must be transported by the customer himself. If the customer opts for delivery via PostNL, this is also regarded as "own transport" since the customer pays for this delivery method himself.
2. The delivery times stated by BBA are indicative and not binding, unless expressly agreed otherwise.
3. The delivery of the relevant product or service will take place as soon as possible after the start of the agreement, or at a later date to be agreed. Delivery times are always formulated in working days. Working days here means from Monday to Friday, excluding holidays.
4. Delay in delivery can in no way entitle you to cancellation of an order or compensation.
5. If the package is returned to BBA by the supplier for any reason, the customer will in no case be reimbursed for the delivery costs already paid. If the customer chooses to still receive the package, the customer will pay delivery costs again before the package is sent again. The customer can also choose to have the amount of the products refunded after deduction of the delivery costs.
6. Any complaint regarding the delivery or performance, of whatever nature, must be notified to BBA by the consumer within 7 working days from the delivery of the goods or the start date of the performance of the services, by registered letter.
7. Any complaints regarding the delivery or performance cannot be used as a reason to suspend or delay payment of invoices.
8. The lack of written protest of an invoice within 7 working days from its receipt implies the irrevocable acceptance of the invoice and the amounts, products and services stated therein.
9. Invoices must be paid according to the specified payment conditions. (online payment webshop)
10. All costs resulting from the enforcement of payment through judicial channels, including attorneys' fees, will be borne by the consumer.
11. Images used on the website are purely indicative and may differ from the product delivered to the customer. Under no circumstances can the customer cancel, return or demand a refund if the image does not correspond to reality.
12. If an order contains alcoholic beverages, the customer confirms by placing the order that he meets the legal minimum age for the purchase of these products. The customer undertakes that only he, or a person authorized by him for this purpose who is also of legal age, will receive the order.
13. In certain countries or regions there will be a mandatory legal age check upon delivery of our package. The customer will have to prove the age and undertakes that someone with a legal age of 18 or older can always receive the package. This can be at the delivery address or at a collection point.
14. If the package is returned after a negative age check, all additional costs will be recovered from the customer. The customer will receive a refund of the amount of the order (after deduction of shipping costs, return costs and other additional costs).
15. When canceling an order, an administrative fee of 5% will be charged. This amount will be deducted from the amount to be refunded for the order.
Article 7 – Dissolution
1. BBA can at all times, without prior notice of default and without prior court intervention, dissolve the contract with immediate effect if the consumer fails to pay the invoice in question more than 45 days after the invoice date, whereby the credit date applies as the payment date. unless the client has rightly protested the invoice in accordance with article 4.
Article 8 – Liability
1. Under no circumstances is BBA liable for indirect or consequential damages such as, for example, commercial or financial losses, loss of data, image damage, loss of income, damage to third parties, loss of customers and losses as a result of legal action taken by third parties against the consumer, etc.
2. BBA cannot be held liable in any way for damage resulting from malfunctions or changes in the telecommunications and/or data transport systems of third parties.
3. BBA can only be held liable vis-à-vis the consumer for the actual and proven damage resulting directly from the obligations included in the agreements concluded with BBA.
4. Under no circumstances can BBA be held liable for a delivery that has been damaged by transport, careless unpacking, careless handling of the package or any other act that causes damage to the package. We do everything we can to pack the package safely, but we cannot guarantee the actions of third parties.
Article 9 – Right of withdrawal
1. During a reflection period of 30 days, a consumer can cancel the purchase of a product without stating reasons. The reason for withdrawal can be requested by BBA, but the consumer is under no circumstances obliged to give his reason(s).
2. The aforementioned reflection period starts on the day that the consumer was allowed to receive the goods. If the delivery consists of several shipments or parts, the day on which the consumer has received the last shipment applies. The exception applies to regular shipments or subscriptions during a certain or indefinite period, the day of receipt of the first delivery applies.
3. The consumer undertakes to handle the product and packaging very carefully during the cooling-off period. The product will only be unpacked and used to the extent necessary to determine the nature, characteristics and functioning of a product. The consumer may only handle and inspect a product as it would be allowed in a regular store.
4. In the case of beer bottles, these will be returned to us unopened, unused and unconsumed. All labels, labels or other items present on the bottles must be undamaged.
5. If damage or decrease in value is the result of not handling the product carefully, the consumer can be held liable for the decrease in value of the product and these costs can be recovered from the consumer.
6. As soon as BBA receives a notification of withdrawal electronically from the consumer, BBA will send a confirmation of receipt after receipt.
7. BBA will in no case reimburse the consumer's return costs or additional packaging costs. The delivery costs for the returned product will therefore be charged to the consumer.
8. The following products and services will be excluded from the right of withdrawal:
1. A product specifically requested by the consumer that is not manufactured and is manufactured based on individual consumer choices and decisions.
2. Products that have a very limited shelf life or spoil quickly.
3. Products that are shipped sealed and that are no longer suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
Article 10 – Engaging third parties
If and insofar as required for the proper execution of the agreement, BBA has the right to have certain activities performed by third parties. For example, BBA works together with organizations such as BPost, Stripes, etc. All these organizations are located within the European Economic Area (EEA) and meet at least the requirements set out in the BBA Processor Agreement.
Article 11 – Force majeure
1. BBA does not accept any liability if BBA is unable to fulfill its obligations as a result of force majeure.
2. In the event that the force majeure is only temporary in nature, BBA will still try to meet all obligations from the moment that this is reasonably possible again.
3. If it is concluded in mutual consultation between the consumer and BBA that this is no longer possible, the agreement will be reviewed or dissolved in mutual consultation. Any performances already delivered by BBA up to the moment of force majeure will still be invoiced.
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