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General terms and conditions for online sales
Article 1: Preamble
Les présentes conditions de vente sont applicables à tous les contrats conclus entre d’une part, la société WE ARE WHISKY SASPJ dont le siège social est sis à Avenue Rodolphe Gossia 33 – B-1350 Jauche – Téléphone 0471 13 45 56 – email : shop@wearewhisky.com, inscrite à la Banque Carrefour des Entreprises sous le numéro BE0500997773 ci-après dénommée " le vendeur " et, d’autre part, tout acheteur professionnel ou tout consommateur souhaitant procéder à un achat via le site Internet du vendeur, dénommée ci-après " l’acheteur ".
The following definitions apply:
Consumer: any natural person who acquires or uses products placed on the market for purposes that are not professional or commercial.
Professional buyer: any natural or legal person who does not fall under the definition of consumer in the previous paragraph
Article 2: Purpose
The present conditions of sale aim to define the contractual relations between the seller and the buyer as well as the conditions applicable to any purchase made through the seller's site, whether the buyer is a professional or consumer.
The acquisition of a good or a service through this site implies an unconditional acceptance by the buyer of these conditions of sale. These conditions of sale shall prevail over any other general or specific conditions not expressly approved by the seller. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer.
Article 3: Characteristics of the goods and services offered
The products and services offered are those listed in the catalogue published on the seller's website. The photographs in the catalogue are provided for information purposes only and are not contractually binding. As the goods offered (spirits) are intended for adult customers, the sale will be refused to any minor customer.
Article 4: Prices
The prices of the products and services displayed on the site are indicated in euros including all taxes (VAT and other taxes applicable in Belgium). The prices indicated do not include the transport costs, which are subject to an additional item at the time of ordering.
The seller reserves the right to change its prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of confirmation of the order. The seller reserves the right to pass on to its prices any changes in the rate of VAT or excise duties that occur before the delivery date.
Article 5: Orders
L’acheteur, qui souhaite acheter un produit ou un service doit obligatoirement : - remplir la fiche d’identification; - remplir le bon de commande en ligne en donnant toutes les références des produits ou services choisis; - valider sa commande après l’avoir vérifiée; - reconnaître avoir pris connaissance des présentes conditions générales et les avoir acceptées - effectuer le paiement dans les conditions prévues; ce qui confirme sa commande et son règlement.
The sale shall be deemed to be complete upon confirmation of the order by the seller. No goods will be dispatched without confirmation of the order and receipt of the full payment of the order. The products and services are offered within the limits of available stocks. In case of unavailability of an item, the seller will inform the buyer by e-mail as soon as possible. The buyer will be able to choose between waiting (in case of temporary unavailability) or cancelling the order of the unavailable items without any costs.
Article 6: Right of withdrawal
In accordance with the law, the consumer has the right to notify the seller that he/she renounces his/her purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the product. This right of renunciation does not apply to the professional buyer. Within this period, the consumer must notify his intention to renounce by e-mail and return, at his own expense and risk, the product delivered to the administrative headquarters of the seller at B-1350 Jauche, Avenue Rodolphe Gossia 33. The products must be returned in their original packaging, undamaged, accompanied by any accessories and the original invoice/delivery note. The products returned must not have been unpacked, unsealed or used in any way. Goods that are incomplete, damaged or soiled by the customer will not be accepted. Within 30 days after acceptance of the return of the goods, the seller undertakes to reimburse any payment, with the exception of the shipping costs.
Article 7: Payment methods
Payment is made by Paypal, credit card, Visa, Mastercard or by bank transfer. The items ordered remain the exclusive property of the seller until full payment of the order by the buyer.
Article 8: Deliveries
Deliveries are made to the address indicated on the order form or by collection from the shop: Avenue Rodolphe Gossia 33, B-1350 Jauche (Wednesday to Friday from 14:00 to 19:00 and Saturday from 10:00 to 19:00).
Orders will be dispatched within 2 to 5 days of receipt of full payment for the order. In the case of sales to consumers, the goods are transported at the seller's risk until the goods are delivered to the delivery address specified by the buyer. From that moment onwards, the buyer bears the sole risk.
In the event that the goods delivered are damaged, the buyer is obliged to refuse the goods or to accept them only by means of a written reservation on the carrier's delivery note, to be completed jointly by the customer and the carrier. Any complaint regarding the goods delivered must be received by the seller within 5 days of the date of receipt. The complaint must be sent exclusively by registered letter to the registered office: We Are Whisky saspj, Avenue Rodolphe Gossia 33, B-1350 Jauche and must be accompanied by a copy of the purchase invoice and the delivery note completed with the written reservation mentioned above. After this period, no further claims for apparent defects will be taken into consideration. In case of sale to a professional, the transport is at the buyer's risk. The delivery times communicated by the seller are strictly indicative unless otherwise agreed in writing.
Article 9: Product availability
All orders are subject to the availability of products in stock. The seller may, at any time and without prior notice, modify its range of products according to various criteria such as modification of the suppliers' range, exhaustion of products manufactured in limited series, ... As a result, and despite all the goodwill of the seller, it is possible that an order cannot be delivered.
Article 10: Responsibilities
The seller endeavours to ensure, to the best of its ability, the accuracy and updating of the information published on this site, the content of which it reserves the right to correct at any time and without notice. However, the seller cannot guarantee the accuracy, precision or exhaustiveness of the information made available on this site. The seller, in the online sales process, is only bound by an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet network and online payment, such as loss of data, intrusion, viruses, breakdown of service or other involuntary problems. The data on the site is given in good faith. The links proposed to the websites of manufacturers and/or partners are given for information purposes only and have no contractual value. The seller cannot be held responsible for information from these sites.
Article 11: Sale of alcoholic beverages
The buyer is responsible for the choice and use of the product delivered by the seller. Any person under the age of 18 is punishable by law if he/she buys or even attempts to buy alcohol. As the sale of alcohol to minors is forbidden, the buyer certifies that he/she is at least 18 years old (or 21 years old depending on the country) when ordering. The seller declines all responsibility in the event of inaccuracy of the information communicated to him by the buyer.
Article 12: Intellectual Property
All elements of the seller's site are and remain the exclusive intellectual property of the seller. No one is authorised to reproduce, exploit, rebroadcast or use in any way whatsoever, even partially, the elements of the site, whether they be software, visual or sound. Any simple link or hypertext link is strictly forbidden without the express prior written consent of the seller.
Article 13: Personal data
All personal data necessary for the processing of an order is kept by the seller or its employees and may be passed on to companies with which the seller - or its suppliers - collaborates, where such communication is necessary for the processing of the order. The user also authorises the seller to use this data to compile statistics in order to improve its site, the goods and the service it offers. This information may also be used to enable the dissemination, by any means of communication, of information relating to the seller's commercial activities to its customers. Finally, the seller retains personal data to facilitate subsequent orders. Without prejudice to the foregoing, the seller undertakes not to disclose any personal information in its possession to any other company or business. The data kept by the seller can be requested and corrected at any time upon request.
Article 14: Evidence
The parties accept, within the framework of their relations, the electronic means of proof (by way of example: email, computer backups, etc.).
Article 15 : Règlement des litiges
The present online sales conditions are subject to Belgian law. In the event of a dispute, the courts of the seller's registered office shall have jurisdiction, unless otherwise provided by law.
Private data protection
Security of your data - Firstly, our own internal computer network is extremely important to us and we strive to keep it secure, using the latest network security combined with regular network vulnerability scanning by independent providers to ensure the safety of our operations in the face of the ever-evolving cyber security threats that threaten all businesses these days.
Secondly, we do not store any sensitive data in our database, only your name, company name and e-mail address, so none of the other information you use on our website is transferred to our internal network.
All of your address information is held securely on the server that hosts our website, which is under the strict control of the company we use to provide and host our website platform.
No personal data or e-mail addresses have ever been passed on or sold to a third party or company in the past. And this will remain strictly applicable for the future.
We will treat your information with respect. In accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. You may at any time request access to, rectification of, or deletion of your personal information or object to its processing by We Are Whisky. You can change your mind at any time by clicking on the "Unsubscribe" link at the foot of any email you receive from us, or by contacting us at shop@wearewhisky.com.
We guarantee that no personal data will be passed on to a third person or company.