BIOBIEREN WARMENBOL

GENERAL TERMS AND CONDITIONS

We Sell Organic Beer Through Our Webshop

  1. We only sell and deliver to people who are 18 years or older.
  2. Our beers carry the label "organic", all ingredients used in them were grown organically and are also officially certified.
  3. Each order is carefully packed and shipped.
  4. Our beers are best stored in a dark dry place, upright, and at a temperature between 12 and 15°C.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement whereby the consumer acquires products in connection with a distance contract and these products are delivered by Warmenbol cv or by a third party on the basis of an agreement between that third party and Warmenbol cv;
  2. Grace period: The period within which the consumer can make use of his right of withdrawal;
  3. Consument: the natural person who is not acting for purposes related to his trade, business, craft or profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Durable data carrier: every tool - including e-mail - that enables the consumer Warmenbol cv to store information that is addressed to him personally, in a way that makes future consultation or use possible for a period of time that is geared to the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible;
  7. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
  8. Entrepreneur: the legal person who offers products to consumers from a distance;
  9. Distance contract: a contract concluded between Warmenbol cv and the consumer as part of an organized system for distance selling of products, whereby until the conclusion of the contract exclusive or partial use is made of one or more means of distance communication
  10. 10. Model form for withdrawal: the European model form for withdrawal included in Warmenbol cv of these conditions;
  11. Technique for distance communication: means that can be used for the conclusion of an agreement, without the consumer and Warmenbol cv having to be in the same room at the same time.

Article 2 - Identity of Warmenbol cv


Warmenbol cv

Groenenhoek 56b 2630 Aartselaar

Phone number: +32 (0)476 68 09 56

E-mail adress: biobieren@warmenbol.com

VAT: BE0634.985.358


Article 3 - Applicability

  1. These general conditions apply to every offer of Warmenbol cv and to every distance agreement reached between Warmenbol cv and the consumer.
  2. If the distance contract is concluded electronically the text of these general conditions will be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.
  3. In case specific product- or service conditions apply in addition to these general conditions, the second and third paragraph applies accordingly and the consumer can always rely on the applicable provision that is most favorable to him in case of conflicting conditions.

Article 4 - The Offer

  1. If an offer has a limited period of validity or is made subject to conditions, this shall be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to allow the consumer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind Warmenbol cv .
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are, which are connected to the acceptance of the offer.

Article 5 - The Agreement

  1. The agreement is concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.
  2. If the consumer has accepted the offer electronically, Warmenbol cv will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Warmenbol cv , the consumer may dissolve the agreement.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, Warmenbol cv will take appropriate security measures.
  4. Warmenbol cv can - within legal frameworks - inform itself whether the consumer can meet his payment obligations and of all those facts and factors which are important for a responsible conclusion of the distance contract. If Warmenbol cv has good grounds on the basis of this research for not entering into the agreement, it is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.
  5. No later than when the product is delivered to the consumer, Warmenbol cv will send the following information in writing or in such a way that the consumer can easily save it on a durable data carrier:
    • The visiting address of the branch of Warmenbol cv where the consumer can go with complaints;
    • The conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
    • The price including all taxes of the product; insofar as applicable, the costs of delivery and the method of payment;
    • If the consumer has a right of withdrawal, the model form for withdrawal.

Article 6 - Right of Withdrawal

  1. The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. Warmenbol cv may ask the consumer about the reason for the cancellation, but may not oblige the consumer to give his reason(s).
  2. The cooling off period mentioned in paragraph 1 starts on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:
  3. If the consumer has ordered multiple products in one order: the day on which the consumer, or a third party designated by him, has received the last product. Warmenbol cv may, provided it has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with a different delivery time.
  4. In case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

Article 7 - Obligations of the Consumer During the Reflection period

  1. During the reflection period the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, features and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer is only liable for decrease in value of the product which is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for depreciation of the product if Warmenbol cv has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the Right of Withdrawal by the Consumer and Costs Thereof

  1. If the consumer exercises his right of withdrawal, he shall report this within the cooling-off period by means of the model form for withdrawal or in any other unambiguous manner to Warmenbol cv.
  2. As soon as possible, but within 14 days after the day following the notification referred to in paragraph 1, the consumer sends back the UNCHANGED product or hands it over to (an authorized representative of) Warmenbol cv. This is not necessary if Warmenbol cv has offered to pick up the product themselves. The consumer has in any case complied with the return period if he sends the product back before the cooling-off period has expired.
  3. The consumer sends the product back with all accessories, if reasonably possible in original condition and packaging, and according to the reasonable and clear instructions provided by Warmenbol cv .
  4. The risk and the burden of proof of the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer bears the direct costs of returning the product.
  6. If the consumer exercises his right of withdrawal, all additional agreements will be cancelled by right.

Article 9 - Obligations of Warmenbol CV in Case of Withdrawal

  1. If Warmenbol cv makes it possible for the consumer to report the withdrawal electronically it will send an acknowledgement of receipt without delay.
  2. Warmenbol cv reimburses all payments of the consumer, including any delivery costs charged by Warmenbol cv for the returned product, without delay but within 14 days after the day the consumer notifies him of the revocation. Unless Warmenbol cv offers to collect the product itself, it may wait with repayment until it has received the product or until the consumer demonstrates that he has sent the product back, whichever comes first.
  3. Warmenbol cv uses for reimbursement the same means of payment that the consumer has used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.

Article 10 - Exclusion of Right of Withdrawal

Warmenbol cv can exclude the following products and services from the right of withdrawal, but only if Warmenbol cv has clearly stated this at the time of the offer, or at least in good time before concluding the agreement:

  1. Sealed products that for reasons of health protection or hygiene are not suitable to be returned and whose seal has been broken after delivery.

Article 11 - The Price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
  2. The prices mentioned in the offer of products or services include VAT.
  3. The prices of the 33cl beer bottles include a deposit. Empty bottles can be exchanged in drinks shops and some supermarkets, or in our brewery; this only concerns our small bottles. The large 75cl bottles belong in the bottle bank.

Article 12 - Fulfilment Agreement and Extra Guarantee

  1. Warmenbol cv guarantees that the products and / or services meet the agreement, the specifications listed in the offer, the reasonable requirements of reliability and / or usefulness and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
  2. An additional guarantee provided by Warmenbol cv never limits the legal rights and claims that the consumer can assert against Warmenbol cv on the basis of the agreement if Warmenbol cv has failed to fulfil its part of the agreement.
  3. By additional guarantee is meant any commitment of Warmenbol cv in which it grants the consumer certain rights or claims that go beyond what he is legally obliged to do in case he has failed to fulfil his part of the agreement.

Article 13 - Delivery and Execution

  1. Warmenbol cv will take the greatest possible care in receiving and carrying out orders of products.
  2. The place of delivery is the address that the consumer has given to Warmenbol cv .
  3. Subject to what is stated in Article 4 of these General Conditions, Warmenbol cv will execute accepted orders within 5 working days, unless a different delivery period has been agreed. We make use of services of delivery companies. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 14 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without any cost and without any right to compensation.
  4. After dissolution in accordance with the previous Warmenbol cv will refund the consumer the amount paid immediately.
  5. The risk of damage and / or loss of products rests with Warmenbol cv until the time of delivery to the consumer or a previously designated and known to Warmenbol cv representative, unless otherwise expressly agreed.

Article 14 - Payment

  1. Unless otherwise specified in the agreement or additional conditions, the amounts due by the consumer should be paid within 8 days after the conclusion of the agreement.
  2. The consumer has the duty to inaccuracies in data supplied or specified payment immediately to Warmenbol cv to report.
  3. If the consumer does not meet his payment obligation(s) on time, the consumer, after being notified by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to meet his payment obligations, after the failure to pay within this 14-day period, will owe the statutory interest on the amount due and the entrepreneur is entitled to charge extrajudicial collection costs. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the next €5,000, with a minimum of €40. Warmenbol cv can deviate from these amounts and percentages for the benefit of the consumer.

Article 15 - Complaint procedure

  1. Warmenbol cv has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the execution of the agreement must be within reasonable time after the consumer has found the defects, fully and clearly described and submitted to Warmenbol cv.
  3. When Warmenbol cv complaints within a period of 14 days counted from the date of receipt answered. If a complaint requires a foreseeable longer processing time, Warmenbol cv replies within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer must give Warmenbol CV at least 4 weeks time to resolve the complaint in mutual consultation. After this period a dispute arises that is susceptible to dispute resolution.

Article 16 - Disputes

  1. On agreements between Warmenbol CV and the consumer to which these general conditions apply, only Belgian law applies.

Article 17 - Additional or Different Provisions

Additional or different provisions may not be to the detriment of the consumer and should be recorded in writing or in such a way that the consumer can be stored in an accessible manner on a durable data carrier.

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