1. Preamble and legal information
1.1. The public limited liability company (société anonyme) STRUDELIMMO (hereinafter referred to as STRUDELIMMO or CHATEAU DE BOUSVAL) is a company under Belgian law active in the field of the manufacture and sale of wines and spirits, the identification particulars of which are detailed below :
rue du Château 33
CBE No. : 0869.916.586
Telephone : + 32 / 6.755.07.20
E-mail : firstname.lastname@example.org
1.2. These general terms and conditions govern the sale of Products, as defined below, to consumer customers, which are made on the Website or by e-mail.
1.3. These general terms and conditions form, together with the Summary, the Validation and the Confirmation, the contract binding the parties, it being specified that in the event of contradiction, the Confirmation shall prevail over the other documents. No derogation from these general terms and conditions shall be accepted, except with the written agreement of STRUDELIMMO. Failure to implement a clause established in these general terms and conditions may not be interpreted as a waiver by STRUDELIMMO to take advantage of such clause.
1.4. STRUDELIMMO reserves the right to modify its general terms and conditions at any time. Such modifications shall only be applicable to orders for Products placed subsequently and as of their acceptance by the customer.
2.1. « Accessories » :
The accessories, ceramics, glasses, decorative objects and in general all products sold by Château de Bousval with the exception of the Wines.
2.2. « Confirmation » :
The confirmation by STRUDELIMMO of the customer’s order as detailed in article 4.4.
2.3. « Delivery date » :
The date communicated to the customer on which the Products will be delivered or handed over to the carrier appointed by the customer (depending on the method chosen by the customer).
2.4. « Payment intermediary » :
The company Mollie B.V., having its registered office at Keizersgracht 126, 1015 CW Amsterdam (the Netherlands). Mollie B.V. is licensed to provide payment services in accordance with the Dutch Financial Supervision Act (Wft) and is supervised as such by the Central Bank of the Netherlands (De Nederlandsche Bank) or any other payment service provider made available to the Customer to pay for an order on the Website;
2.5. « Products » :
The Wines and the Accessories.
2.6. « Summary » :
The summary of the order as detailed in Article 4.2.
2.7. « Acceptance » :
Acceptance of the Products by, or on behalf of, the customer, or the handing over of the Products to the carrier appointed by the customer.
2.8. « Website » :
The website https://chateaudebousval.be
2.9. « Validation » :
The validation of the order by the customer as detailed in Article 4.3.
2.10. « Wines » :
The wines and spirits sold by Château de Bousval, regardless of the container.
3. Displayed prices
3.1. In the interests of complete transparency and taking into account the fact that the Website is intended for both professional customers and consumer customers, the prices displayed on the Website are indicated in euros, taking care to distinguish the price excluding VAT from the price including VAT. The prices displayed on the Website do not include delivery costs.
3.2. STRUDELIMMO reserves the right to modify the prices displayed on the Website at any time. The Products and services will always be invoiced on the basis of the prices in force at the time of Validation.
3.3. Before validating the order, the customer will be informed in a clear and comprehensive manner of the total price of the Products, including delivery costs.
3.4. Any order to be delivered outside Belgium may be subject to possible taxes and customs or excise duties that are imposed when the order reaches its destination.
3.5. When the delivery takes place outside the European Union or when the Customer provides for the delivery of the Products, such possible customs duties and taxes linked to the delivery of an article shall be borne exclusively by the Customer. The Seller is not obliged to check and inform the Customer of the applicable customs duties and taxes. To find out about them, the Seller advises the Customer to contact the relevant authorities in his country.
4.1. Products may be ordered via the Internet 24 hours a day, on the Website or by sending an e-mail to email@example.com.
4.2. Before validating their order, the customer will receive a summary of their order (hereinafter referred to as the ” Summary “). The Summary lists at least the Products ordered, the delivery address and the total price of the Products including delivery costs.
4.3. By clicking to validate the order on the basis of the Summary, the customer explicitly acknowledges that the order for Products implies an obligation to pay and that the order is final (hereinafter referred to as the ” Validation “).
4.4. STRUDELIMMO acknowledges receipt of the order and confirms in writing whether or not it has been accepted (hereinafter referred to as the ” Confirmation “). The Confirmation occurs almost immediately when the order is placed on the Website or at the latest on the third working day following the Validation when the order is placed by e-mail. If available stocks do not allow STRUDELIMMO to confirm the order, it will inform the customer by e-mail, or if no e-mail address is available, by telephone. The order will then be automatically cancelled and if the customer’s bank account has been debited, the customer will be immediately reimbursed by the same method.
5.1. Two payment methods are available :
5.1.1 For orders placed directly on the website : via an online payment service operated by a Payment Intermediary (credit card, Bancontact, Paypal, and all payment methods offered by the Payment Intermediary), validated by the customer at the time of the Validation; in this case the customer’s account will only be debited after the Confirmation has been issued ;
5.1.2. For orders made by e-mail : by bank transfer to the bank account of STRUDELIMMO specified on the invoice attached to the Confirmation.
5.2. Unless otherwise agreed, our invoices are payable in cash. All our invoices are payable at our registered office.
5.3. STRUDELIMMO reserves the right to suspend the delivery of the Products as long as the purchase price has not been paid in full.
5.4. Furthermore, taking into account the conservation requirements of the Wines, if the order has not been paid within 3 working days of the Confirmation, STRUDELIMMO shall be entitled to consider that the non-payment constitutes a serious breach of contract which justifies, automatically and without prior notice, the cancellation of the contract on the grounds of the customer’s breach. STRUDELIMMO may exercise this right by notifying the customer in writing of the termination of the contract. In such a case :
5.4.1. STRUDELIMMO shall be released from its obligations towards the customer and may dispose of the Products ordered by the customer at its discretion ;
5.4.2. The customer shall owe STRUDELIMMO an additional indemnity equivalent to 20% of the total price of the Products ordered with a minimum of 50.- EUR plus interest at the rate of 1% per month commenced from the date of the notification of the cancellation sent by STRUDELIMMO to the customer.
6. Terms of delivery and acceptance
6.1. Unless expressly stated otherwise, the delivery terms are only given as an indication and may not exceed a period of 30 days from the payment of the order. Without prejudice to the penalties set out in Article 6.5, any delay shall not entitle the Buyer to refuse to accept the goods or to claim damages.
6.2. Two methods of delivery of the Products are available to the Customer :
6.2.1. Either STRUDELIMMO handles the delivery. The Products are delivered to the address specified in the Summary and the transfer of risks takes place at the moment of Acceptance ;
6.2.2. Or the customer chooses to take care of the transport themselves by picking up the order at the place of business. In such case, the handover of the Products shall be equivalent to Acceptance and transfer of risks to the customer.
6.3. When the Products are ready to be shipped, STRUDELIMMO will inform the customer by e-mail of the Delivery Date.
6.4. STRUDELIMMO shall not be held liable for late delivery or non-delivery in the event of force majeure or an event beyond its control, which renders the performance of the agreement impossible or more onerous in whole or in part, or in the event a breach by third parties, such as suppliers of the parties hereto, subcontractors, agents and representatives, or in the event of the customer’s failure to respect its commitments. War, riots, fire, strikes, accidents and the impossibility of being supplied are considered as events of force majeure releasing STRUDELIMMO from its obligation to deliver. STRUDELIMMO shall inform the customer in due time of the cases or events listed above.
6.5. Except in the case of force majeure, in the event of a delay in delivery attributable to STRUDELIMMO beyond the 30-day period for shipping provided for in Article 6.1. and if delivery has not yet taken place within 15 days following the sending of a formal notice by the customer, the latter shall be entitled (in the same way as STRUDELIMMO under Article 5.4.) to consider that the non-delivery constitutes a serious breach of contract which justifies, automatically, the cancellation of the contract on the grounds of STRUDELIMMO’s breach. The customer may exercise this option by notifying STRUDELIMMO in writing of its decision to terminate the contract. In such a case :
6.5.1. The customer shall be released from their obligations towards STRUDELIMMO which undertakes to reimburse the total amount of the Product order within 15 days of the notification.
6.5.2. STRUDELIMMO shall owe the customer an indemnity equivalent to 20% of the total price of the Products ordered with a minimum of EUR 50.- plus interest at the rate of 1% per month started from the notification of the cancellation sent by the customer to STRUDELIMMO.
7. Right of withdrawal
7.1. STRUDELIMMO wishes to draw the customer’s attention to the fact that the right of withdrawal provided in these General Terms and Conditions only applies to Orders placed remotely through the Website or by e-mail, or when the Order is placed outside of STRUDELIMMO’s offices. This means that if the Products are ordered from STRUDELIMMO’s premises, the customer shall not be entitled to cancel the Order.
7.2. The customer is free to make use of their right of withdrawal for a period of 14 days from the date of acceptance of the order confirmation.
7.3. The customer may make use of their right of withdrawal by sending STRUDELIMMO an unambiguous written declaration stating that they wish to exercise their right of withdrawal. To this end, the customer may use the standard withdrawal form attached to these general terms and conditions.
7.4. Costs to be borne by the Customer. The Customer may exercise their right of withdrawal without giving any reasons and without having to pay any penalties, with the exception of :
7.4.1. The additional costs incurred by the choice of a delivery method other than the less expensive standard delivery method proposed by STRUDELIMMO ;
7.4.2. The cost of returning the goods, which shall be borne by the Customer.
8. Returns and conformity
8.1. The Products sold are delivered in accordance with the description thereof given on the Confirmation. Consumer customers benefit from the legal guarantee of conformity referred to in Articles 1649 bis et seq. of the Civil Code and the guarantee on hidden defects. STRUDELIMMO recalls that the legal guarantee of conformity is intended to guarantee consumer customers against any lack of conformity with the description given in the Confirmation.
8.2. The Customer is obliged to check the integrity of their order and all the Products that make it up on Acceptance of the parcel and in the presence of the person carrying out the delivery in order to express any reservations if necessary. In the event that the Customer has any doubts about the condition of the contents of the order, they are obliged to refuse the goods at the time of Acceptance. Any Product refused must be handed over to the carrier in its entirety and in its original packaging. In any case, any claim for breakage or damage to the Products shall only be accepted if it is sent to STRUDELIMMO within 24 hours of Acceptance at the address firstname.lastname@example.org together with photos of the Products and the packaging.
8.3. The customer is obliged to inform STRUDELIMMO of the existence of any other lack of conformity as soon as possible and at the latest within two months from the date on which they noticed the defect or could reasonably be expected to have done so. If necessary, we ask you to send us an e-mail to the customer service department at the address email@example.com together with photos of the Products and the packaging.
8.4. If it is established that the defect falls within the scope of the guarantee or that STRUDELIMMO has failed to fulfil its obligations, STRUDELIMMO shall, at its own expense, deliver the Products that are the subject of the claim. If the Products ordered by the Customer are no longer available, STRUDELIMMO shall inform the Customer who shall have the option to
8.4.1. Either claim reimbursement for the non-conforming Products ;
8.4.2. Or to obtain a refund in the form of a voucher to be used on a future order.
8.5. In general, the seller’s guarantee is excluded when the lack of conformity found is the consequence of a failure of conservation or of a breach committed by the carrier commissioned by the Customer, or of a breach committed by the customer or a person for whom the latter is responsible.
9. Exclusion of guarantee for corked wine
STRUDELIMMO specifically draws the Customer’s attention to the fact that it cannot guarantee that a Wine is not corked (wine with a corky or mouldy taste). In such a case, the Customer may not obtain either the replacement of the Wine or its reimbursement and STRUDELIMMO shall not be liable to the Customer for any compensation whatsoever.
The customer undertakes to comply with all conservation requirements essential to maintain the quality of the Products in accordance with industry practices. In this respect, STRUDELIMMO reminds the customer that it is imperative that the Wines be kept away from heat and in a dry place at a temperature between 10° and 14 °C. Consequently, if it is proven that a defect in the Products is caused, even partially, by a failure in the conservation of the Products :
- STRUDELIMMO shall not offer any guarantee to the Customer ;
- The Customer undertakes to hold STRUDELIMMO harmless against any claims by third parties and/or any damages suffered by STRUDELIMMO as a result.
11. Applicable law and jurisdiction
The agreements to which these general terms and conditions apply are exclusively governed by Belgian law. Only the courts of the district of Walloon Brabant (Belgium) shall have jurisdiction in the event of a dispute relating to their interpretation or performance. However, STRUDELIMMO shall retain the right to bring the action as plaintiff before any other competent court on the basis of the customer’s place of residence.
12. Protection of privacy