Shop general terms and conditions

Article 1 – Identity of the seller

We are: Bierboetiek, a trademark of Kasteel Brouwerij Vanhonsebrouck NV Brouwerijstraat 1 – 8870 Emelgem (Izegem) – Belgium Email: [email protected]
Tel: +32 51 62 27 33
Company registration number: 0405.748.723
Busines unit number: 2.240.978.627
Bank account: BE81 7360 7693 6424 BIC: KREDBEBB

Article 2 – Applicability & conditions

1. Our terms and conditions apply to any sale made by us as an online retailer to you the consumer (i.e. any natural person who acquires or uses products or services marketed exclusively for non-professional purposes). 2. We deliver in Belgium, the Netherlands and France. If you provide a delivery address for another country, we may refuse your order. 3. We deliver beers only within Belgium. 4. In order to place an order, you must be at least 18 years of age. If you are not 18, we kindly ask you to arrange for your parents or legal guardian to place the order. If we find that an order has been placed by a minor, we may refuse said order. By placing an order, you confirm that you are at least 18 years of age. 5. Purchases of alcoholic products are reserved for customers who have reached at least the minimum legal age for alcohol consumption in their country. By purchasing an alcoholic product, you confirm having reached this legal age. In Belgium, this legal age is 16 for all alcohol products with an alcohol volume over 0.5%, as well as 18 for all spirits. 6. The placing of an order via the website constitutes express acceptance of our general terms and conditions of sale, which are always available on the website. 7. If you order online, we will also provide you with a copy of these terms and conditions in a format that you can save or print, either with the order confirmation or, at the latest, upon delivery. We recommend that you always do this. 8. If additional special terms and conditions apply in addition to these general terms and conditions, the above also applies to those special terms and conditions. Should our general terms and conditions conflict with those special conditions, you, the consumer, are always entitled to refer to the most favorable terms.

Article 3 – Our offers and your order

1. If an offer has only a limited period of validity or is subject to certain conditions, this will be expressly stated as part of our offer. 2. We always describe as completely and as accurately as possible what we are selling, as well as how the whole how the ordering process works. The description is at least detailed enough to allow you to make a proper assessment. If we use pictures, they are a true representation of the goods and/or services on offer. However, mistakes can happen, so if there is an obvious mistake, we are under no obligation to deliver to you. 3. As soon as we confirm your order by email and receive approval from the card issuer for your credit or debit card payment transaction, your order is complete and the agreement between us is final. We accept: Bancontact, KBC/CBC Payment Button, iDeal, Mastercard, Visa and American Express. If your card issuer refuses to authorize your payment to us, we cannot be held responsible for delays in delivery and/or non-delivery of your order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed. 4. To purchase a product, add the product to your online shopping cart. Following that, you will enter your contact and billing information. Then you will choose your delivery method, either shipping to a specific address or arranging for in-store pickup. During the last step you get an overview page, you will need to accept our terms and conditions and confirm your payment by pressing the order button marked ‘order with payment obligation’. Once you have completed these steps, your purchase is final.

Article 4 – Returns

1. If you buy goods or services from us, you have the right to decide that you do not want to keep the goods for a period of up to 14 days from delivery. You can then return your order without charge and without giving any reason (the cost of which is payable by you). Within 14 days after we have received your returned item(s) or you have indicated that you wish to withdraw from the contract, we will refund you the full purchase price via the same means of payment you used to pay. 2. The direct costs of returning the goods shall therefore be borne by you. If these cannot be reasonably calculated in advance, we will indicate any such cost or provide an estimate. If the goods cannot be returned by post, we will collect them from you without charge. 3. Your refund may be withheld until we have received the returned goods or until you have demonstrated that you have returned the goods (whichever occurs first). 4. During the first 14 days after delivery, we expect you to handle the order and its packaging with due care. If you still wish to return the goods as described above, you may only unpack or use them to the extent necessary in order to assess whether you wish to keep the item. Returned items may be tried on, but not used. If you are returning any items, they must be returned together with their original packaging where possible, with all delivered accessories, in their original condition, in their original packaging and taking into account our instructions below. Deductions may be incurred on refunds for damaged products. 5. You can send your return package via post or by courier. 6. To return any products, please email [email protected] stating your order number and reason for return. Next, you will need to print and fill out this return form. Finally, the return form should be packed together with the products and sent to Brouwerijstraat 1, 8870 Emelgem, Belgium. You can also drop off the package yourself during the Bierboetiek’s opening hours. We will send you a confirmation of receipt of your return shipment by email. If you wish to order a different size, please place a new order via the online shop. 7. You have no right of return for products with limited shelf life or products that are sealed and cannot be returned for health or hygiene reasons. Consequently, the right of return does not apply to our beers. Any items must be returned undamaged, unused and unopened.

Article 5 – Price

1. During the period stated in our offer, our prices will not change, except for price changes due to changes in VAT rates. 2. Our prices include all taxes, VAT, duties and services, thereby ensuring you incur no nasty surprises. However, we may decide to charge shipping costs on top of the purchase price. In that case, we will always notify you before you finalise your purchase.

Article 6 – Payment

1. We can only accept payment through the payment methods provided via our website. We accept Bancontact, KBC/CBC Payment Button, iDeal, Mastercard, Visa and American Express. 2. To ensure safe online payment and the security of your personal information, transaction data is encrypted using SSL technology over the internet. No special software is required to pay using SSL. You will recognise a secure SSL connection by the ‘lock’ symbol in your browser’s lower status bar.

Article 7 – Conformity and guarantee

1. We guarantee that our goods shall conform to your order and meet the normal expectations you may have thereof in view of the specifications of the product. Naturally, we also guarantee that our goods comply with all existing legislation at the time of your order. 2. In addition, with regard to the delivery of goods, we will apply the statutory minimum warranty period of two years if the goods do not conform to the order placed. This means that, if the goods are faulty or defective, they will be repaired or replaced free of charge for up to two years following delivery. Where possible and reasonable, you will be given the choice between repair or replacement. Only if the repair or replacement is excessive, impossible or cannot be carried out within a reasonable period of time will you have the right to demand a price reduction or the cancellation of the sales contract. If the defect or fault occurs within 6 months following delivery, this is deemed to have existed prior to delivery, unless we can prove otherwise. After 6 months, you will have to prove yourself that the defect already existed upon the date of delivery. 3. For some of our products (such as food and drink), the minimum guarantee period is naturally limited to the product’s best before date.

Article 8 – Delivery and execution

1. All goods and services shall be delivered to the address indicated by you at the time of ordering. 2. If an item is in stock, it will be delivered to your delivery address within 1-5 working days. If we do not have one or more items in stock, you can track the delivery time via your account. 3. If your delivery is delayed, we will always notify you before the expiry of the scheduled delivery period. If we fail to do so, you may cancel your order free of charge. In such cases, we will refund you at the latest within 30 days following cancellation. 4. Our shipments are always made at our own risk. As such, you do not have to worry about goods getting lost in the post. However, if you return goods to us within 14 days of purchase in the event you prefer not to keep them, you will be responsible for their shipping. 5. If our delivered goods are damaged in transit, do not match the items listed on the delivery note or do not match the items ordered, you must report this as soon as possible, preferably within 3 days of receipt, and return the items to us no later than 14 calendar days after receipt. We cannot be held responsible for any subsequent damage due to late delivery or non-delivery by the courier appointed by the company. Our liability in such cases is limited to the value of the items shown not to have been received by the customer.

Article 9 – Force majeure

1. In cases of force majeure, we are no longer bound to fulfil our obligations. In such cases, we may either suspend our obligations for the duration of the force majeure, or permanently dissolve the agreement. 2. Force majeure constitutes any circumstance beyond our will and control that prevents the performance of our obligations in whole or in part. By this we mean, inter alia, strikes, fire, operational failures, energy failures, (telecommunication) network / connection / communication systems failures and/or the unavailability of our website at any time, non-delivery or late delivery by suppliers or other implicated third parties, etc.

Article 10 – Intellectual property

1. Our website, logos, texts, photos, names and, generally speaking, all of our communications are protected by intellectual property rights held either by us, our suppliers or other rights holders. 2. It is prohibited to use and/or modify the intellectual property rights described in this article. For example, you may not copy or reproduce drawings, photos names, texts, logos colour combination, etc. without our prior and express written consent.

Article 11 – Complaints and disputes

1. Naturally, we always hope that all our customers are 100% satisfied. If you do have any complaints about our services, please contact us at [email protected]. We will do everything we can to deal with your complaint within 7 days. 2. All agreements concluded with our customers, regardless of their place of residence, are governed exclusively by Belgian law and, in the event of any disputes, are subject to the exclusive jurisdiction of the competent Belgian courts. If for reasons of international law another law should apply, the Belgian Market Practices and Consumer Protection Act (now Book VI of the Code of Economic Law) shall apply in the first instance when interpreting these general terms and conditions. 3. In case of out-of-court settlements of any disputes, the Consumer Mediation Service of the FPS Economy is authorised to receive any application for out-of-court settlement of consumer disputes. It will in turn either handle the request itself or forward it to another qualified entity. The Consumer Mediation Service can be reached via this link: https://consumerombudsman.be/en. 4. In addition, for disputes of a cross-border nature, please refer to the European Union’s Online Dispute Resolution platform at this link: http://ec.europa.eu/odr. 5. Should we still not come to any agreement via our personal complaints service via [email protected], as a consumer, you may contact Safeshops.be. Should your case be accepted, Safeshops.be will act as a mediator between us and you as the consumer. Any such complaints will only be handled if submitted via the following complaint form: https://www.safeshops.be/nl/consumers-complaints/. This will ensure that this label organisation has all the information required for the further handling of your complaint.