Terms and conditions Made in Piedmont Wines
- Article 1. Definitions
- Article 2. Identity of the entrepreneur
- Article 3. Toepasselijkheid
- Article 4. The offer
- Article 5. Offers / agreements
- Article 6. Right of withdrawal
- Article 7. Obligations of the consumer during the reflection
- Article 8. Exercise of the right of withdrawal by the consumer and related costs
- Article 9. Obligations of the trader in case of withdrawal
- Article 10. Exclusion of withdrawal right
- Article 11. Prices and payments
- Article 12. Transport and delivery time
- Article 13. Retention of title
- Article 14. Intellectual and industrial property
- Article 15. Complaints and liability
- Article 16. Warranty
- Article 17. Orders / communication
- Article 18. Force Majeure
- Article 19. Miscellaneous
- Article 20. Governing Law and Jurisdiction
Article 1. Definitions
In these terms and conditions the following applies:
- Supplementary Agreement: an agreement whereby the consumer products, digital content and / or services acquired in connection with a distance contract and these goods, digital content and / or services are provided by the trader or by a third party on the basis of an agreement between the third party and the trader;
- Reflection period: de termijn waarbinnen de consument gebruik kan maken van zijn herroepingsrecht;
- Consumer: the natural person who is acting for purposes relating to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data which is produced and supplied in digital form;
- Duration of the agreement: an agreement that extends to the regular delivery of goods, services and / or digital content for a certain period;
- Durable medium: any device - including e-mail - that enables the consumer or business that information directly aimed for him personally, is stored in a way that future consultation or use for a period appropriate to the purpose for which it was intended, and which allows the unchanged reproduction of the information stored;
- Right of withdrawal: the ability of the consumer to retreat his order within the waiting period of the contract;
- Entrepreneur: the natural or legal person who supplies products, (access) digital content and / or remote services to the consumer;
- Distance contract: an agreement to be concluded within the framework of an organized system for distance selling of goods, digital content and / or services, up to and including the conclusion of the contract made solely or partly use between the trader and the consumer is one or more means of distance communication;
- Model withdrawal form: the European model withdrawal form set out in Appendix I of these conditions;
- Technology for distance communication: means that can be used to conclude a contract, without the need for the consumer and entrepreneur to be together in the same room.
Article 2. Identity of the entrepreneur
Name of Entrepreneur: Made in Piedmont Wines Trade name: Karina Imschoot
Business address: Reymeerstraat 47 te 9340 Lede
Phone: +32 (0) 478 / 70.48.36
E-mail adress: email@example.com
Commercial Register: BE0745.262.678 VAT number: BE0745.262.678
Article 3. Applicability
3.0 All orders for wines belonging to wine domains that we do NOT have in exclusivity can only be executed if a minimum order of 100 € of wines from domains that do belong to our exclusivity are added. The budget of 100 € applies to private buyers, for professional buyers 250 € will be applied. The exclusivity brands are: Sordo Giovanni, L "Astemia Pentita, Vicari, Poderi Vaiot, Portinale, Fracassi Wines, Cascina Gavetta, Antonio Bellicoso, Cadia, Molinetto, Poesia della Terra, Enrico Crolla, Francesco Brigati, Rovellotti, Poderichiovini, Centovigne
3.1 These General Terms and Conditions apply to all offers, orders and agreements relating to Karina Imschoot (Uitbreidingstraat 84 - 2600 Antwerp), company number. 0745.262.678, VAT no. BE0745.262.678 commercial designation 'Made in Piedmont Wines', hereinafter also 'Made in Piedmont Wines'.
3.2 Accepting an offer or placing an order means that you accept the applicability of these Conditions.
3.3 The provisions in these conditions may be waived only in writing, in which case the remaining provisions shall remain in full force.
3.4 All rights and claims, in these conditions and any further agreements are negotiated on behalf of Made in Piedmont Wines, are also stipulated for Made in Piedmont Wines intermediaries and other third parties.
Article 4. Offer
4.1 If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
4.2 The offer contains a complete and accurate description of the offered products, digital content and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the contractor uses images, these are a truthful representation of the products, services and / or digital content. Obvious mistakes or errors in the offer do not bind the entrepreneur.
4.3 Each offer contains such information, that it is clear to the consumer what rights and obligations are involved in accepting the offer.
Article 5. Offers / agreements
5.1 Orders are listed under the suspending condition that the goods ordered are still in stock.
5.2 All offers of Made in Piedmont Wines are non-committal and Made in Piedmont Wines expressly reserves the right to change prices, especially when necessary under (legal) regulations. See also Article 15.6.
5.3 A binding agreement is reached only after acceptance and written confirmation of your order by Made in Piedmont Wines. Made in Piedmont Wines is entitled to refuse orders or attach certain conditions to the delivery, unless otherwise specified differently. If an order is not accepted, Made in Piedmont Wines will inform you within three (3) days after receipt of the order.
5.4 If one of the parties unilaterally cancels a confirmed order, except in cases of force majeure and motives outside their control, the goods can be returned, with the party that cancels only paying the shipping costs.
Article 6. Right of withdrawal
6.1 The consumer may terminate an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving any reason. The operator may ask the consumer about the reason for withdrawal, but cannot commit him to stating his reason(s).
6.2 The reflection period mentioned in paragraph 1 shall begin on the day after the consumer, or a pre-designated third party by the consumer, other than the carrier, has received the product, or:
- if the consumer ordered several products in the same order: the day on which the consumer or a third party designated by him, has received the final product. The operator may, provided that he has informed the consumer prior to the ordering process in a clear manner, refuse an order for multiple products with different delivery time;
- if the supply of a product consists of multiple lots or pieces, the day on which the consumer or a third party designated, has received the final shipment or the last item;
- if the contract is for regular delivery of goods during a certain period, the day on which the consumer or a third party designated by him, received the first product;
Article 7. Obligations of the consumer during the reflection period
7.1 During this period the consumer will treat the product and packaging with great care. He will only extract the product or use it to the extent that is necessary in order to determine the nature, characteristics and functioning of the product. The premise here is that the consumer should only handle and inspect the product as he would be allowed to do in a shop.
7.2 The consumer shall only be liable for any diminished value of the product that is the result of a way of dealing with the product beyond what is permitted in paragraph 1.
7.3 The consumer is not liable for the diminished value of the product if the entrepreneur has not informed him at the conclusion of the agreement on all information required by law about the right of withdrawal.
Article 8. Exercise of the right of withdrawal by the consumer and related costs
8.1 If the consumer exercises his right of withdrawal, he shall do so within the cooling-off period, using the model withdrawal form or in any other unequivocal manner towards the entrepreneur.
8.2 As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hands it to (a representative of) the entrepreneur. This is not necessary if the trader has offered to collect the product himself. The consumer’s send back period is in any case observed when he returns the product before the waiting period has expired.
8.3 The consumer shall send the product back with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
8.4 The risk and the burden of proof for the correct and timely exercise of the right of withdrawal is on the consumer.
8.5 The consumer must bear the direct cost of returning the product. If the trader has not notified the consumer he has to bear them or if the operator indicates to bear the costs himself, consumers do not bear the return shipping costs.
Article 9. Obligations of the trader in case of withdrawal
9.1 If the operator allows notification of withdrawal by the consumer electronically, he will send an immediate acknowledgment upon receipt of this notification.
9.2 The contractor shall reimburse all payments to the consumer, including any delivery costs incurred by the operator will be charged for the returned product, immediately but at least within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the trader offers to collect the product itself, he may wait for reimbursement until he has received the product or the consumer demonstrates that he has returned the product, whichever is earlier.
9.3 The entrepreneur uses the same means of payment used by the customer for reimbursement unless the consumer agrees to a different method. The repayment is free of charge for consumers.
9.4 If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, the trader does not have to reimburse the additional costs of the more expensive method.
Article 10. Exclusion of withdrawal right
The entrepreneur can exclude the following goods and services from the right of withdrawal, but only if the entrepreneur clearly states this in the offer, at least in time before the conclusion of the agreement, stated:
10.1 Alcoholic beverages, the price of which is agreed upon conclusion of the contract, but the delivery of which can only take place 30 days later and the actual value is dependent on fluctuations in the market on which the entrepreneur has no influence
Article 11. Prices and payments
11.1 The prices for the products and services offered are in Euros, including VAT and including postage on the condition of minimum total order worth 100 Euros (inside Belgium) and excluding other charges unless otherwise stated or agreed in writing.
11.2 Payment must be made without discount or compensation (via PayPal, credit card or bank transfer) within three (3) days after placing the order, unless otherwise agreed in writing.
11.3 Payment can be made by bank transfer or through the payment facilities provided on the web site e-shop (card). When paying by bank, the date of payment is the date of crediting the bank account of Made in Piedmont Wines.
11.4 If you are in default off any payment, Made in Piedmont Wines is entitled (the performance of) the relevant agreement and to suspend related agreements, or dissolve them.
11.5 Unabated to any foregoing provisions under 3.4, Made in Piedmont Wines when facing clients in the event of late performance of any payment obligation may claim a default interest of 10% per annum on the unpaid amount from the day after the due date of the payment obligation. If payment is made after the due date, the defaulting party is also legally and without separate notice, obliged to pay a sum of twenty-five euro (€ 25.00) as a fixed fee and the defaulting party is also legally and without separate notice accountable for damages payable to the amount of 10% of the outstanding amount, with a minimum of twenty-five euro (€ 25.00) without prejudice to the collecting party to claim a higher damage.
11.6 If the prices of the products and services offered rise in the period between the order and the execution thereof, you are entitled to cancel the order within 14 calendar days after notice of the increase by Made in Piedmont Wines.
Article 12. Transport and delivery time
12.1 Delivery times are three business days after receipt of payment.
12.2 The delivery time quoted by Made in Piedmont Wines is indicated by way of example and is not an essential part of the commitments made by Made in Piedmont Wines.
12.3 The wines are delivered at home. For orders in Belgium off less than 100 euros including VAT and in the neighboring countries 250 euros will be charged transportation costs. Rates can be found under the Supplies button.
Article 13. Retention of title
13.1 The ownership of products is transferred only, when all you owe under any agreement with Made in Piedmont Wines, has been complied to. The client acknowledges that he, at the latest on the day of delivery, has explicitly endorsed the provision of title. The customer provides that Made in Piedmont Wines will at all times have access to the premises where the goods are stored, and if they prefer, to retrieve the goods pursuant to this retention of title. Customer refrains consumption on criminal procedure of Article 496 sw., as long as the goods are not paid for.
Article 14. Intellectual and industrial property
14.1 You are obliged to respect all intellectual and industrial property rights attached to the products delivered by Made by Piedmont Wines unconditionally.
14.2 Made in Piedmont Wines does not guarantee that the products delivered, do not infringe in any (unwritten) intellectual and / or industrial property rights of third parties.
Article 15. Complaints and liability
15.1 The compliance of supply (e.g. the amount) and the visible defects are covered by the reception and acceptance of the goods. If this is not the case, you should inform Made in Piedmont Wines as soon as possible and in any event within five (5) working days after delivery, or after reasonably possible observation, in writing and by registered mail, a motivated and specific notification on penalty off non-admissibility of the complaint.
15.2 All wines delivered come under warranty from the manufacturer. Regarding consumer applies the minimum legal guarantee. There is no more guarantee given, than provided by producer.
15.3 If it is demonstrated that the products do not meet the agreement, Made in Piedmont Wines has the choice to replace the products on their return by new products or to refund the invoice value. But Made in Piedmont Wines is in no way responsible for (a) damages resulting from incorrect or improper use of the products, nor by an adverse interaction with other products or foodstuffs, (b) any form of indirect damage, (c) damage resulting from an act of the buyer or a third party, whether it is an error or omission, and (d) damage resulting from non-compliance by the purchaser or his agents of any legal obligation.
15.4 If you do not wish to purchase a product for any reason, you as an individual, have the right to return the product within 14 days after delivery by Made in Piedmont Wines (right of withdrawal). Returns are borne by the customer.
15.5 If you wish to exercise your right of withdrawal, you can inform Made in Piedmont Wines by an unequivocal statement by mail (to Uitbreidingstraat 84 - 2600 Antwerp) or by email (firstname.lastname@example.org) to notify your decision to withdraw. For that, you can possibly use the model form that you find here below or can be downloaded separately from the Made in Piedmont Wines website.
15.6 If you exercise your right of withdrawal, you will receive all sums back paid to Made in Piedmont Wines with regard to the supply that you withdraw, at the latest 14 calendar days after you notified Made in Piedmont Wines of your withdrawal.
15.7 You must return the goods within 14 calendar days after the day on which you informed Made in Piedmont Wines of your revocation or issue the products. The returned products may not have been used and must be in the same condition as at the time of delivery. You are only liable for impairments of the products that result from the use of products that goes beyond what is necessary to establish the nature, characteristics and functioning of the products.
15.8 Enterprises or members of a profession do not have any right of withdrawal.
Article 16. Warranties
16.1 If Made in Piedmont Wines supplies products to you, Made in Piedmont Wines will never be held to a further guarantee in relation to you than which Made in Piedmont Wines can claim against its supplier. Warranty will always be clearly indicated on the invoice.
16.2 Claims due to visible defects, must be declared conform to the contract, but no later than five (5) days after receipt of the goods by the client in writing.
Article 17. Orders / communication
17.1 For misunderstandings, delays or erroneous transmission of orders and messages resulting from the use of Internet or other communication between you and Made in Piedmont Wines, or between Made in Piedmont Wines and others, as it relates to the relationship between you and Made in Piedmont Wines, Made in Piedmont Wines is not liable, except to the extent there might be intent or gross negligence on the part of Made in Piedmont Wines.
Article 18. Force Majeure
18.1 Without prejudice to its other rights, Made in Piedmont Wines has in case of force majeure the right, at its own discretion, the right to suspend the execution of your order or to dissolve the agreement without judicial intervention by informing you of this in writing and without Made in Piedmont Wines being liable for any compensation, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness.
18.2 Force majeure means any circumstance that renders the implementation of the commitments made by Made in Piedmont Wines towards you impossible or is only possible at unreasonable cost and effort, including non-exhaustive understood circumstances of strike, bad weather, natural disasters, fire, explosion, riot, government interventions ...
Article 19. Miscellaneous
19.1 If you inform Made in Piedmont Wines in writing of an address, Made in Piedmont Wines is entitled to send all orders to that address, unless you specify in writing to Made in Piedmont Wines of another address to which your orders are to be sent.
19.2 If Made in Piedmont Wines, for any length of time, does deviate from these Conditions, this will not prejudice their right to demand immediate and strict compliance with these conditions. You can never assert any right by virtue of the fact that Made in Piedmont Wines applies these conditions smoothly.
19.3 If one or may be more provisions of these Terms or any other agreement with Made in Piedmont Wines is in conflict with any applicable legal provision, the provision will lapse and will be replaced by a set made by Made in Piedmont Wines for a new legally permissible comparable provision.
19.4 Made in Piedmont Wines is allowed in the execution of your order(s) to the use of third parties.
Article 20. Governing Law and Jurisdiction
20.1 On all rights, obligations, offers, orders and agreements to which these Conditions apply, including these conditions, only Belgian law is applicable.
20.2 All disputes between the parties with respect to the agreements between you and Made in Piedmont Wines will only be presented in Dutch language to the competent court in Belgium, in particular the court of the 8th district of Antwerp and Justice of the Peace Tielt, court of first instance Antwerp, department Antwerp court first Instance West Flanders Bruges division, Commercial court of Antwerp, Antwerp department and the Commercial court of Ghent department Bruges.