GENERAL SALES AND DELIVERY TERMS WEBSHOP VINO CELESTE

 

1. LANGUAGE, LANGUE

Dutch: These General Terms and Conditions are available upon simple request and can also be consulted at www.vinoceleste.be, 'in Dutch and French. The Dutch version of these General Terms and Conditions is the only authentic one.'

French: These General Conditions are available upon request and can also be consulted on the website. www.vinoceleste.be, in Dutch and French. The Dutch version of these General Terms and Conditions is the only authentic version.

 

2. DEFINITIONS

1. “Vino Celeste”: the sole proprietorship "Vino Celeste", with registered office at B-3300 Oplinter, Lindebaan 42, registered in the KBO under number 0794.879.663 and known to the VAT administration under number BE 0794.879.663
2. "General Terms and Conditions": these general terms and conditions of sale and delivery.
3. “Buyer” or “Customer”: every natural person or legal entity that purchases one or more product(s) or services through this Website, places an order for this, or requests a quote.
4. "Consumer": every Buyer who purchases one or more product(s) or services exclusively for non-professional purposes via the Website, places an order for this, or requests a quote.
5. "Website": www.vinoceleste.be

 

3. APPLICABILITY

1. 'The legal relationship between the Buyer and Vino Celeste and everything related to it is exclusively subject to the following norms: (in descending hierarchical order, the following in the absence or silence of the previous) (1) the written and signed special agreement; (2) the electronic Order Confirmation; (3) these General Terms and Conditions; (4) Articles 4-39 and 41-88 of the Vienna Sales Convention;'

(5) Belgian law. Vino Celeste rejects all other norms and conditions, with the sole exception of the conditions that Vino Celeste has expressly agreed upon in writing with the Buyer. These expressly accepted deviations are only valid for the agreement to which they relate and cannot be invoked in any other, even similar agreements. The Buyer accepts that these General Terms and Conditions will be the only ones applicable, to the exclusion of its own general or specific (purchase) conditions, even if these would stipulate that they are the only ones applicable.

By using the Website, filling the digital shopping cart on the Website of Vino Celeste, placing an order and/or concluding any agreement via the Website, the Buyer declares to have taken note of and agrees to these General Terms and Conditions and all other rights and obligations as stated on the Website. In these cases, the Buyer is therefore bound by these General Terms and Conditions and the aforementioned rights and obligations.

2. 'These General Terms and Conditions do not affect the statutory rights granted to the Buyer in a mandatory manner under the applicable national legislation regarding consumer protection, including the statutory warranty of conformity of the goods.'
3. The possible nullity of one of the provisions of these General Terms and Conditions or a part of a provision does not affect the applicability of the other provisions and/or the remainder of the provision. In the event of nullity of one of the provisions, Vino Celeste and the Buyer will, to the extent possible and according to their loyalty and conviction, negotiate to replace the null provision with an equivalent provision that corresponds to the general spirit of these General Terms and Conditions.
4. If Vino Celeste does not enforce or apply one or more of the rights listed in these General Terms and Conditions, whether occasionally or even repeatedly, this can only be regarded as tolerating a certain situation and does not lead to waiver of rights. Such inaction can never be seen as a waiver of those provisions and will never affect the validity of these rights.
5. Vino Celeste reserves the right to change these General Terms and Conditions at any time. It is the responsibility of the Buyer to regularly consult these General Terms and Conditions.

 

4. OFFER, ORDER – CONCLUSION OF ONLINE PURCHASE

1. All offers on the Website, in catalogs, newsletters, notes, brochures, and other promotional announcements are for informational purposes only. Vino Celeste may adjust or withdraw the offers on the Website at any time. Offers are valid only while stocks last. Obvious mistakes and/or obvious errors in the offer do not bind Vino Celeste. Despite the fact that the catalogs, Website, and other promotional announcements are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Vino Celeste is only obliged to a best-efforts commitment regarding the accuracy, updating, or completeness of the information provided. Vino Celeste is in no case liable for material errors, typographical errors, or printing errors.
2. Offers from Vino Celeste are entirely non-binding and should only be considered as an invitation to purchase or to place an order by the Buyer, unless expressly stated otherwise. An offer is only valid for the specific assignment to which it relates and does not automatically apply to subsequent similar assignments.
3. The agreement between Vino Celeste and the Buyer is only established after the Buyer has placed an order on the Website and Vino Celeste confirms this order via email (hereinafter referred to as the "Order Confirmation"). In the Order Confirmation, the Buyer receives a summary of the order and an overview of these General Terms and Conditions. Vino Celeste reserves the right to refuse orders at any time – without giving reasons.
4. Cancellation of an order, before it has been shipped, is always possible and free of charge. Cancellation of an order after it has been shipped must be done in accordance with the withdrawal procedure, as provided in Article 5 of these General Terms and Conditions.

If the Buyer wishes to cancel the order, he must immediately contact customer service: by phone: +32 11 22 20 37 or by email. dirk.meijer@vinoceleste.be.

5. The Buyer can exchange the purchased products for other products within a period of 30 calendar days after the date of receipt, with or without payment of a surplus taking into account the price of the products for which the already purchased products are exchanged. If the Buyer wishes to exchange the products purchased by him, he must notify Vino Celeste (3300 Oplinter (Belgium), Lindebaan 42, dirk.meijer@vinoceleste.be) by post or email. If Vino Celeste can agree to the exchange, Vino Celeste will contact the Buyer to arrange the exchange practically and this at the expense of Vino Celeste. Vino Celeste will also inform the Buyer of any refusal of a request for exchange. The products purchased by the buyer can only be exchanged if they have not been used and are in the same condition as at the time of delivery. The products must also be returned in the original packaging, including all accessories supplied with the product.

 

1. The Consumer has a right of withdrawal regarding the products purchased through the webshop. Based on Book VI

Market practices & Consumer protection of the Economic Law Code grants the Consumer the right to withdraw from the agreement within a period of 14 calendar days without giving any reasons. The withdrawal period expires 14 calendar days after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, physically takes possession of the product.

2. To exercise the right of withdrawal, the Consumer must inform Vino Celeste (3300 Oplinter (Belgium), Lindebaan 42, (dirk.meijer@vinoceleste.be)) of their decision to withdraw from the agreement by means of an unambiguous statement sent by post or by e-mail. The Consumer can also make use of this for. the model withdrawal form (to be downloaded from the Website and also sent with the Order Confirmation), but is not obliged to do so. To comply with the withdrawal period, it is sufficient for the Consumer to send their notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.
3. If the Consumer revokes the agreement, the Consumer will receive all payments made at that time from Vino Celeste back, including delivery costs (excluding any additional costs resulting from the Consumer's choice of a different method of delivery than the cheapest standard delivery offered by Vino Celeste) without delay and in any case no later than 14 calendar days after Vino Celeste has been informed of the Consumer's decision to revoke the agreement, taking into account what is stipulated in article 13.2 of these General Terms and Conditions. Vino Celeste will then refund the Consumer using the same payment method as the one used by the Consumer for the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not be charged any costs for such refunds. Vino Celeste may withhold the refund until Vino Celeste has received the products back or the Consumer has demonstrated that they have returned the products, whichever occurs first. The refund of the delivery costs by Vino Celeste will always be pro rata. (For example: Consumer purchases 2 products and returns 1 upon revocation. In that case, Vino Celeste only needs to refund 50% of the delivery costs.) However, when Vino Celeste uses a flat-rate delivery cost, Vino Celeste will not be obliged to refund any delivery costs in the case of a partial revocation.
4. The Consumer must promptly, but in any case no later than 14 calendar days after the day on which he communicated the decision to revoke the agreement to Vino Celeste, hand over the products to Vino Celeste or have the products picked up by Vino Celeste. Vino Celeste arranges the pickup according to its own transport choice and in consultation with the customer regarding the date and time. The direct costs of returning the products are the responsibility of the customer, unless otherwise agreed. The returned product must not have been used and must be in the same condition as at the time of delivery. Furthermore, the product must be returned in the original packaging in which it was sent, whether opened or not, and including all accessories supplied with the product, so that Vino Celeste can still resell the product to a third party even after revocation. The Consumer is only liable for the depreciation of the products that results from the use of the products, which goes beyond what is necessary to establish the nature, characteristics, and functioning of the products.
5. The right of withdrawal does not apply, among other things, to:

• products that are manufactured according to the specifications of the Consumer or that are clearly intended for a specific person;
• products that can spoil or age quickly or that have a limited shelf life (such as yeasts, enzymes, etc.);
• sealed products that – for reasons of health protection or hygiene – are not suitable for return when the packaging has been opened (e.g. additives, etc.);
• alcoholic beverages for which the price has been agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market, over which Vino Celeste has no influence.

6. In no case does a professional Buyer have the right of withdrawal.

 

6. PRICE AND COSTS

1. The stated price only relates to the products as they are literally described. Materials, accessories, and components not mentioned in the information about a specific product are not included. The accompanying photo is intended for decorative purposes and may contain elements that are not included in the stated price.
2. All prices are expressed in Euro and are inclusive of VAT, any import/export duties, and reservation and/or administration costs, but exclusive of any delivery or shipping costs.

Shipping costs are not included. They depend on the chosen shipping method, the weight of the products, the delivery address, etc. During the online ordering process, step 1 will indicate how much shipping cost will be charged.

The chosen shipping method and final shipping costs will also be stated on the Order Confirmation that the Buyer receives upon concluding the agreement.

Additional costs associated with the choice of payment option by the Buyer may be charged by Vino Celeste.

3. Vino Celeste reserves the right to change the prices listed on the Website at any time. Nevertheless, the products are invoiced based on the rates that apply at the moment the order was accepted. Obvious errors, manipulations, or mistakes (such as evident inaccuracies) can also be corrected by Vino Celeste even after the agreement has been established.
4. "Currency fluctuations, increases in material prices and raw materials, wages, salaries, social charges, costs imposed by the government, (environmental) levies and taxes, transport costs, import and export duties or insurance premiums (merely an exemplary enumeration), that occur between the placement of the order and the delivery of the products may lead to a price increase. If the price is increased, the Buyer has the right, within 48 hours, to terminate the agreement without costs. This termination cannot give rise to any compensation payment by Vino Celeste."

 

7. DELIVERY OF THE PURCHASED PRODUCTS

1. Unless otherwise agreed, deliveries will take place standard in accordance with the Incoterm® "Delivered At Place" (DAP) (Incoterms ® 2010) at the delivery address specified by the Buyer, or at the registered office of Vino Celeste, at the Buyer's choice. The transfer of risk for damages, destruction, and losses concerning the products therefore occurs at the moment of actual delivery. At this moment, Vino Celeste is also released from its delivery obligation.
2. "Any delivery not explicitly provided for in the Buyer’s order and/or the Order Confirmation from Vino Celeste shall be deemed an additional delivery at the request of the Buyer and will be charged accordingly."
3. "Except in relation to agreements with a Consumer, Vino Celeste reserves the right to split deliveries or attach other conditions to the delivery."
4. Except in the case of payment on delivery and payment by bank transfer after receipt of the invoice, an order will only be shipped after Vino Celeste has received the payment. Vino Celeste aims to deliver orders on the next fixed delivery day designated for the region where the delivery address provided by the Buyer is located. If no fixed delivery day has been determined for the region where the delivery address provided by the Buyer is located, Vino Celeste aims to deliver orders placed before 3 PM the next working day (Benelux) or the working day after (France), provided that the ordered products are in stock. Orders placed before 3 PM can still be picked up by the Buyer on the same day, provided that it is an opening day of Vino Celeste; orders placed after 3 PM can be picked up from the following day, provided that this day is an opening day of Vino Celeste. Pickup within the aforementioned timeframe also applies on the condition that the ordered products are in stock. The Buyer must indicate during the online ordering process which method of delivery he opts for.

The Buyer has the option to change the desired delivery date and time during the online ordering process, provided that an additional fee is paid.

5. The delivery period, as stated in the quotes, orders, and order confirmations, is however always indicative and is not an essential component of Vino Celeste's obligations towards the Buyer. Exceeding the communicated delivery period can never give rise to the payment of any compensation nor to the dissolution of the purchase between Vino Celeste and the Buyer, with the understanding that Vino Celeste commits to deliver – except for pre-sales – in any case within 30 days after payment. Vino Celeste can in any case never be held liable for delays caused by the Buyer or third parties. Changes to the order automatically result in the expiration of the proposed estimated delivery periods.
6. In the absence of the Buyer at the time of delivery at the delivery address indicated by him, a message will be left by the transport service for the purpose of contacting Vino Celeste and the Buyer. After contacting the Buyer, a second attempt will be made to deliver the products. In the absence of any response from the Buyer within a period of five (5) working days after the first delivery attempt or in the absence of the Buyer at the second delivery attempt, the products will be returned to the registered office of Vino Celeste. The costs of the return shipment, as well as the associated costs (such as, but not limited to taxes, VAT, storage fees, etc.) will be borne by the Buyer. In such a case, the agreement between Vino Celeste and the Buyer will be deemed to be dissolved. The price already paid by the Buyer will be refunded by Vino Celeste, minus the aforementioned return shipping costs and any associated costs.

 

8. INVOICING AND PAYMENT

1. (i)  In principle, first orders must always be paid in advance by the Buyer.

The Buyer has the choice between different payment options when placing the order:

• Cash
• Credit card (VISA/MASTERCARD)
• Teacher
• Bancontact/Mister Cash

 

2. At the discretion of Vino Celeste, from a second order onwards, the aforementioned list of payment options may be supplemented with:

- payment by transfer upon receipt of the invoice.

"If this payment method is chosen, the articles 8.2 to 8.8 below will apply."

 

3. Notwithstanding the above, the Buyer may always choose to pay for the order upon collection of the purchased products at the registered office of Vino Celeste. In such a case, the Buyer has the choice between the following payment options:

• Cash
• Credit card (VISA/MASTERCARD)
• Teacher
• Bancontact/Mister Cash.

2. All invoices are payable in cash at the registered office of Vino Celeste.
3. Complaints regarding invoices must be reported to Vino Celeste within a period of 3 working days after the invoice date, under penalty of inadmissibility. These complaints do not release the Buyer from their payment obligation.
4. In case of non-payment, or incomplete payment on the due date of one of the invoices:

1. applies by operation of law and without prior notice of default an annual interest rate of 10%, which is capitalized annually;
2. the Buyer is by operation of law and without prior notice of default liable to pay a fixed compensation equal to 10% of the invoice amount with a minimum of twenty-five euros (€ 25.00) per invoice;
3. is the Customer by operation of law and without prior notice of default liable for all judicial and extrajudicial collection costs;
4. become, by operation of law and without prior notice of default, all other, even non-expired invoices from Vino Celeste immediately due and payable by the Buyer; and
5. Vino Celeste has the right to reclaim the delivered products from the Customer, to suspend and/or terminate the (further) execution of the relevant and/or one or more other agreements with/orders from the Buyer, without the need for a prior notice of default or judicial intervention.

The points (4) and (5) also apply in the event of a (threatened) bankruptcy, judicial or conventional dissolution, application of the Belgian law of January 31, 2009 regarding the continuity of enterprises, payment arrears, or any other fact that causes Vino Celeste to reasonably lose confidence in the creditworthiness of the Buyer.

5. Acceptance of partial payment is made subject to all reservations and will be charged in the following order: (1) collection costs, (2) compensation; (3) interest; (4) principal amounts.
6. The mention of the outgoing invoice in the outgoing invoices book of Vino Celeste serves as a presumption of dispatch and receipt of the respective invoice.
7. By ordering a product, the Buyer expressly agrees to the use of electronic invoicing by Vino Celeste, unless otherwise agreed in writing between the parties.
8. Submitting a complaint does not relieve the Buyer of their payment obligation.

 

9. RESERVATION OF OWNERSHIP

1. The delivered products remain the exclusive property of Vino Celeste until the moment of full payment of the principal amount, interest, and costs by the Buyer. Until then, the Buyer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Buyer sells the purchased products before having fully and correctly paid the aforementioned amounts, the aforementioned right transfers to the resulting sale price. However, the risk of loss or damage passes to the Buyer from the moment of delivery. The Buyer undertakes to inform third parties of the retention of title of Vino Celeste if necessary (for example, to anyone who would seize the articles that have not yet been fully paid for).
2. In the event of non- or incomplete payment on the due date of one of the invoices, Vino Celeste has the right, by operation of law and without prior notice of default, to reclaim the products already delivered from the Buyer. When Vino Celeste receives the products back and they are still in good condition (this includes evaluating the correct cooling and storage of these products), the amounts already paid will be refunded to the Buyer after deducting: (1) the loss of profit, estimated at 15% of the total invoice amount; and (2) a flat-rate compensation of 5% on the total invoice amount, for the (additional) management and administrative costs. All of this is without prejudice to Vino Celeste's right to prove higher damages.

 

10. ACCEPTANCE, WARRANTY AND COMPLAINTS

1. "By virtue of the law of September 21, 2004, concerning the protection of consumers in the sale of consumer goods, the consumer has a legal warranty of 2 years. This legal warranty applies from the date of purchase by (if applicable, from delivery to) the first owner."
2. The Buyer must perform an initial verification immediately upon receipt of the purchased products. This immediate verification obligation relates, among other things, to (merely exemplary enumeration): quantity, conformity of the delivery, visible defects, correct location(s), etc. The Buyer must report directly verifiable discrepancies, under penalty of forfeiture, in writing (by post or via dirk.meijer@vinoceleste.be) to Vino Celeste within 48 hours of delivery, referring to the correct number of the delivery note and/or the Order Confirmation.
3. The use, processing, repackaging, and/or resale of the products supplied by Vino Celeste is considered as product approval and acceptance, constitutes final delivery of the respective products, and releases Vino Celeste from its responsibilities and liabilities in accordance with Article 11 of the General Terms and Conditions.
4. Complaints regarding hidden defects in the delivered products must be reported in writing (by post or via email) to Vino Celeste within 48 hours of discovering the defect, under penalty of inadmissibility, referencing the correct number of the delivery note and/or the Order Confirmation. Such complaints can be reported to Vino Celeste within the statutory warranty period, provided that Vino Celeste will not be liable for any loss of quality that may arise from causes inherent to the nature of the product (including, but not limited to, normal aging). Vino Celeste commits to accepting complaints that are correctly reported within a period of 14 days after delivery. In no case will Vino Celeste be liable for loss of quality and damages resulting from handling or misuse of the products by the Buyer.
5. For complaints that are reported to Vino Celeste in a timely and correct manner, Vino Celeste will, at its own discretion and insight: (1) replace the defective products, provided that the same products are still in stock. If the defective product is no longer in stock, Vino Celeste may choose to provide the Buyer with an equivalent of the defective product (e.g., a wine from a more recent vintage); or (2) take back the defective product, with a credit to the Buyer.

The Customer acknowledges that these measures each constitute a full and adequate compensation for any possible damage resulting from any defects and accepts that the implementation of these measures cannot be considered as an acceptance of liability by Vino Celeste.

6. The Buyer may in no case return products to Vino Celeste based on this article 10 without prior written consent from the latter. Vino Celeste reserves the right to jointly assess the defects on-site with the Buyer and investigate their cause. Vino Celeste will contact the Buyer if necessary to practically arrange the return of products accepted by Vino Celeste, with Vino Celeste bearing the costs.
7. The possible replacement of products shall not give rise to any compensation for damages, nor to the dissolution of the agreement between Vino Celeste and the Buyer.
8. "Complaints and/or any (partial) replacement of products do not relieve the Customer in any case of their payment obligation within the term(s) established in the written agreement between Vino Celeste and the Buyer, the order confirmation issued by Vino Celeste, these General Terms and Conditions, and/or the respective invoice."
9. The Customer is obliged to reimburse costs incurred as a result of unjustified complaints.
10. When the Consumer has a dispute with Vino Celeste and the latter has already been consulted about it, the Consumer has the option to seek advice or file a complaint with BeCommerce, as provided in article 19.

 

11. LIABILITY

1. Except for the indemnity by Vino Celeste according to the warranty provision in article 10 of these General Terms and Conditions, Vino Celeste's liability towards the Buyer is limited to the liability that is mandatorily imposed by law and is in any case limited to the lower of the following two amounts: (1) the respective invoice amount (excl. VAT); (2) the amount that Vino Celeste receives from its insurer in the context of the respective liability file under the BA liability policy entered into by Vino Celeste.
2. Vino Celeste is in no case liable for: (1) indirect damage (including, but not limited to, loss of revenue, damage to third parties), (2) defects directly or indirectly caused by the act of the Buyer or a third party, regardless of whether caused by error or negligence, (3) damage resulting from the incorrect or inappropriate use of the purchased products, nor for an unintended and/or undesirable interaction resulting from simultaneous use of the product with other products, (4) damage resulting from non-compliance by the Buyer, its personnel or employees and/or the end user of legal and/or other obligations.
3. The Buyer acknowledges that Vino Celeste does not guarantee that the products comply with the regulations or requirements applicable in any jurisdiction, except for the regulations or requirements applicable in Belgium, as they are at the time of delivery of the product to the Buyer by Vino Celeste, so that Vino Celeste cannot be held responsible for later changes in the law of any kind.
4. Only the Buyer is responsible for the resale of the purchased products and guarantees to comply with all (legal and other) obligations in this regard.

 

12. INDEMNIFICATION

1. The Buyer shall fully indemnify and defend Vino Celeste against all claims and proceedings, including claims and proceedings from third parties, that may arise from or be the result of any act or omission of the Buyer, in violation of the written agreement between Vino Celeste and the Buyer, the Order Confirmation issued by Vino Celeste, these General Terms and Conditions, and/or other (legal) obligations of the Buyer.
2. 'The Buyer shall indemnify Vino Celeste for all damages, including legal and other costs, arising from its defense regarding the claims and/or proceedings mentioned in Article 12.1 of these General Terms and Conditions.'

 

13. PROMOTIONS

1. Promotional gifts by Vino Celeste, in any form (such as, but not limited to price reductions, discount vouchers, free shipping, etc.) must always be used according to the guidelines, as explicitly stated in this regard. In any case, these can only apply to one (1) order, cannot be accumulated, and have a personal character.
2. In the event that the Consumer exercises the right of withdrawal for products that were part of a promotional action, Vino Celeste reserves the right to recalculate the price of the products that were not subject to the withdrawal. For example: a promotional action that states that upon purchasing product A, product B can be obtained at half price. The Buyer withdraws product A. In that case, the promotional conditions are no longer met, and the full price must be paid for product B. Vino Celeste will then refund the amounts, in accordance with Article 5 of these General Terms and Conditions, deducting the additional amount that still needs to be paid for product B.

 

14. FORCE MAJEURE AND HARDSHIP

1. Vino Celeste is not liable for a failure to fulfill its obligations caused by force majeure or hardship.
2. In the event of force majeure or hardship, Vino Celeste may, at its own discretion and insight, without the need for prior notice of default or judicial intervention, and without any right of recourse against Vino Celeste: (1) propose to the Buyer to replace the missing products with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) unilaterally terminate the agreement between Vino Celeste and the Buyer; and/or (4) invite the Buyer to renegotiate the agreement between Vino Celeste and the Buyer. If the Customer does not participate in these renegotiations in good faith, Vino Celeste may, in accordance with Article 23 of these General Terms and Conditions, request the court to determine new contract terms and/or order the Buyer to pay damages.
3. Under force majeure and hardship, the following is understood (merely an exemplary enumeration): unavailability and/or scarcity of certain materials; raw material scarcity; currency fluctuations, increases in material prices, prices of auxiliary materials and raw materials, wages, salaries, social charges, costs imposed by the government, levies and taxes, transport costs, import and export duties or insurance premiums; ice drift; exceptional weather conditions; strikes; mobilization; war; illness; accidents; communication and IT disruptions; government measures; export bans; delays in supply; transport and/or movement obstacles; including lack of or withdrawal of transport options; export barriers; import barriers; breakdowns; traffic jams; etc.

 

15. NETTING

 

4. In accordance with the Financial Securities Act dated December 15, 2004, Vino Celeste and the Buyer automatically and by operation of law compensate and settle all currently existing and future claims against each other. This means that in the ongoing relationship between Vino Celeste and the Buyer, only the largest claim remains after the aforementioned automatic settlement.
5. This debt comparison will in any case be enforceable against the curator and the other concurrent creditors, who will therefore not be able to oppose the debt comparison carried out by the Buyer and Vino Celeste.

 

16. SUSPENSION AND DISSOLUTION

1. In the event of any change in the Customer's situation, such as death, conversion, merger, acquisition, transfer, liquidation, cessation of payment, collective or amicable agreement, request for deferment of payment, cessation of activity, seizure, or any other circumstance that may damage confidence in the creditworthiness of the Buyer, Vino Celeste reserves the right, solely for that reason: either to suspend the execution of one or more agreements with the Buyer until the moment that the Buyer provides sufficient guarantees for his payment; or to declare one or more agreements with the Buyer terminated as of the date of dispatch of the termination, without prior notice of default and without judicial intervention, without prejudice to Vino Celeste's right to claim additional compensation.
2. If the agreement between Vino Celeste and the Buyer is terminated, whether or not under the application of the termination right described in article 16.1 of these General Terms and Conditions, the Buyer loses the right to demand that Vino Celeste fulfills its obligations regarding the terminated agreement.

 

17. INTELLECTUAL PROPERTY

1. Vino Celeste remains the exclusive holder of all intellectual property rights it owns on the products it supplies. Vino Celeste guarantees to have the necessary licenses to offer its product range.

 

18. PERSONAL DATA AND IMAGE MATERIAL

1. The Buyer grants Vino Celeste permission to include the personal data provided by the Buyer in an automated data file. This data will be used for the purpose of conducting information or promotional campaigns related to the products offered by Vino Celeste. The Buyer gives Vino Celeste the consent to transfer this data to third parties for the processing of the order.
2. The Buyer can always request notification and correction of their data. If the Buyer no longer wishes to receive commercial information from Vino Celeste, the Buyer must inform Vino Celeste of this:

 

• per post: Vino Celeste NV, Lindebaan 42, 3300 OPLINTER
• by email: dirk.meijer@vinoceleste.be

 

3. The Customer grants Vino Celeste permission to use images of the products delivered to the Customer for: (merely an exemplary list) general information, advertising purposes, publication on the Website, publication in brochures, etc.

 

19. DISPUTES

1. 'Belgian law shall exclusively apply to agreements between Vino Celeste and the Buyer, insofar as international private law permits this.'
2. Disputes between the Consumer and Vino Celeste regarding the formation or execution of agreements related to products and services to be supplied or supplied by Vino Celeste may, subject to the provisions set forth below, be submitted to BeCommerce by both the Consumer and Vino Celeste.
3. A dispute will only be handled by the Disputes Committee of BeCommerce if the Consumer has submitted their complaint to Vino Celeste in accordance with the procedure specified in Article 10 of these General Terms and Conditions.
4. Vino Celeste is bound by this choice of the Consumer to submit a dispute to BeCommerce.
5. When Vino Celeste requests intervention, the Consumer must express in writing within five weeks after a written request made by Vino Celeste whether he wishes to do so or wants the dispute to be handled by the competent court. If Vino Celeste does not receive the Consumer's choice within the five-week period, Vino Celeste is entitled to submit the dispute to the competent court.
6. Disputes between Vino Celeste and the Buyer submitted to the court fall under the exclusive jurisdiction of the competent courts at the registered office of Vino Celeste, unless Vino Celeste chooses to bring a dispute before the court of the registered office or residence of the Buyer.
7. For alternative dispute resolution regarding online purchases, you can also visit the EU's ODR platform (Online Dispute Resolution): https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=NL

 

20. CODES OF CONDUCT

Vino Celeste is a member of the Belgian home shopping organization BeCommerce. This means that our website is monitored by an independent organization to ensure compliance with the BeCommerce code of conduct. The BeCommerce code of conduct protects the interests of the Buyer. The code of conduct is available in PDF format at www.vinoceleste.be of via the BeCommerce website. Vino Celeste has also obtained the Unizo quality label and adheres to this code of conduct. You can find the regulations on the Unizo E-commerce label website.

 

 

 

 

 

 

 

APPENDIX 1:

 

MODEL FORM FOR WITHDRAWAL

(Only fill out and return this form if you wish to revoke the agreement)

 

At:

 

Vino Celeste NV Lindebaan 42,

3300 OPLINTER

 (Belgium)

E-mail: dirk.meijer@vinoceleste.be

 

I/We (*) hereby inform you that I/we (*) revoke (*) our agreement regarding the sale of the following goods/supply of the following service (*):

 

 

 

 

Ordered on (*)/Received on (*):

 

Name/Names (*) consumer(s):

 

 

Consumer(s) address:

 

 

Signature of the consumer(s) (only when this form is submitted on paper)

 

 

 

 

 

Date:    /    /         

 

 

(*) Delete what is not applicable.