ARTICLE 1 – DEFINITIONS
These conditions mean:
- Entrepreneur (= Fryns Distillery): the natural or legal person who offers products and/or remote services to consumers;
- Consumer means the natural person who does not act in the pursuit of occupation or business and enters into a distance contract with the entrepreneur;
- Distance Agreement: an agreement whereby, under a system organised by the entrepreneur for distance selling of products and/or services, only one or more remote communication techniques are used until the conclusion of the contract;
- Remote communication technology: means that can be used to conclude an agreement, without consumers and entrepreneurs simultaneously coming together in the same space;
- Cooling-off period: the time limit within which the consumer can make use of his right of withdrawal;
- Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;
- Day: calendar day;
- Duration transaction: a distance agreement relating to a range of products and/or services, the supply and/or purchase obligation of which is spread over time;
- Sustainable data medium: any means that allows the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR
ARTICLE 3 – APPLICABILITY
- These general terms and conditions apply to any offer from the entrepreneur and to each agreement concluded remotely between the entrepreneur and the consumer.
- Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is reasonably not possible, it will be indicated before the contract is concluded remotely that the general conditions can be seen with the entrepreneur and they will be sent free of charge at the consumer’s request.
- Where the contract is concluded electronically, by way of derogation from the previous paragraph and before the contract is concluded remotely, the text of these general terms and conditions may be made available to the consumer by electronic means in such a way that it can be easily stored by the consumer on a sustainable data carrier. If this is reasonably not possible, it will be indicated before the agreement is concluded remotely, where the general conditions may be taken into account by electronic means and that, at the request of the consumer, it will be informed by electronic means. or otherwise will be transmitted free of charge.
- In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraph of corresponding application shall apply and, in the event of conflicting general terms and conditions, the consumer may always the applicable provision which is most favourable to him.
ARTICLE 4 – THE OFFER
1. If an offer has a limited period of validity or is made under conditions, this shall be explicitly indicated in the offer.
2. The offer shall contain a full and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a good assessment of the offer. If the entrepreneur uses images, they are a true-to-life representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer shall contain such information that it is clear to the consumer what the rights and obligations are, which are linked to the acceptance of the offer. This concerns in particular:
- the price including taxes;
- the possible cost of delivery;
- the way in which the agreement will be concluded and what transactions are necessary;
- whether or not the right of withdrawal apply;
- the method of payment, delivery or implementation of the agreement;
- the time limit for acceptance of the offer or the time limit for the price to be maintained;
- the amount of the distance communication rate if the cost of using
- the remote communication technique shall be calculated on a basis other than the basic rate;
- if the contract is archived after its conclusion, the manner in which it can be consulted for the consumer;
- the way in which the consumer can be informed of non-sought-after transactions before concluding the contract and how he can recover it before the agreement is concluded;
- any languages in which, in addition to Dutch, the agreement may be concluded; the codes of conduct to which the entrepreneur has subjected himself and how consumers can consult these codes of conduct by electronic means; And
- the minimum distance of the contract in the event of an agreement which extends to continuous or periodic delivery of products or services.
ARTICLE 5 – THE AGREEMENT
- The agreement shall, subject to paragraph 4, be concluded at the time of acceptance by the consumer of the offer and compliance with the conditions laid down therein.
- If the consumer has accepted the offer by electronic means, the entrepreneur shall immediately confirm by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the consumer may terminate the contract.
- If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will comply with appropriate safety measures to do so.
- The entrepreneur will provide the product or service to the consumer with the following information, in writing or in such a way that it can be stored accessible by the consumer on a durable data carrier, working hours:
- the visit address of the entrepreneur’s establishment where the consumer can go with complaints
- the conditions under which and the way in which the consumer may exercise right of withdrawal or a clear notification of the right of withdrawal are excluded from the right of withdrawal;
- information on existing post-purchase service and warranties;
- the information contained in Article 4(3) of these conditions, unless the economic operator has already provided such information to the consumer before the performance of the contract;
- the requirements for termination of the agreement if the contract is a duration of more than one year or of indefinite duration.
- If the entrepreneur has committed to providing a range of products or services, the provision in the previous paragraph shall apply only to the first delivery.
ARTICLE 6A – RIGHT OF WITHDRAWAL WHEN PRODUCTS ARE DELIVERED
- When purchasing products, the consumer has the option of decomposing the contract for 14 days without giving reasons. This period shall take into view the day after receipt of the product by or on behalf of the consumer.
- During this period, the consumer will handle the product and packaging carefully. It will only extract or use the product to that extent necessary to assess whether it wishes to retain the product. If he uses his right of withdrawal, he will return the product with all accessories supplied and , if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and reasonable provided by the entrepreneur and clear instructions.
- If the consumer uses his right of withdrawal, he shall notify the entrepreneur within the period of thought by means of the revocation model form or otherwise unambiguously to the entrepreneur.
ARTICLE 6B – RIGHT OF WITHDRAWAL IN THE CASE OF SERVICES
- In the case of the provision of services, the consumer has the option of decomposing the contract for 14 days without giving reasons, starting on the day of the contract.
- In order to exercise his right of withdrawal, the consumer will focus on the reasonable and/or clear instructions provided by the entrepreneur in the offer and/or at the latest in the provision in this area.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
- If the consumer makes use of his right of withdrawal, the costs of return will not exceed the costs of return.
- If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL
- If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly mentioned this in the offer, at least in time for the conclusion of the contract.
- Exclusion of the right of withdrawal is only possible for products:
- established by the entrepreneur in accordance with consumer specifications;
- which are clearly personal in nature;
- which cannot be returned by their nature;
- which can quickly spoil or age;
- the price of which is bound by fluctuations in the financial market on which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software that the consumer has broken the seal.
- Exclusion of the right of withdrawal is only possible for services:
- on accommodation, transport, restaurant or leisure activities on a specific date or during a certain period of time;
- the supply of which has begun with the express consent of the consumer before the reflection period has expired;
- bets and lotteries.
ARTICLE 9 – PRICE
- During the period of validity indicated in the offer, the prices of the products and/or services offered shall not be increased, subject to price changes due to changes in VAT rates.
- By way of derogation from the previous paragraph, the entrepreneur may offer products or services whose prices are bound by fluctuations in the financial market and which the entrepreneur does not affect, with variable prices. This commitment to fluctuations and the fact that any prices are indicative prices shall be indicated in the offer.
- Price increases within 3 months of the conclusion of the agreement are only permitted if they are the result of legal arrangements or provisions.
- Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed and:
- resulting from legal arrangements or provisions; Or
- the consumer has the power to terminate the contract against the day the price increase starts.
- The prices listed in the offer of products or services include VAT.
- Per order it is possible to redeem up to one discount code/discount voucher.
ARTICLE 10 – CONFORMITY AND GUARANTEE
- The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications set out in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government rules existing on the date of the conclusion of the agreement.
- A scheme offered by the entrepreneur, manufacturer or importer as a guarantee shall not affect the rights and claims which the consumer may assert in respect of a shortcoming in the fulfilment of the obligations of the entrepreneur to the entrepreneur under the law and/or the distance contract.
ARTICLE 11 – DELIVERY AND EXECUTION
- The entrepreneur will take the utmost care when receiving and in the execution of orders of products and when assessing requests for the provision of services.
- As a place of delivery, the address that the consumer has made known to the company applies.
- Taking into account what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders with skilled urgency but no later than 30 days unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer will receive a notification no later than one month after placing the order. In that case, the consumer has the right to terminate the contract without charge, to apply for an equivalent replacement product, or to obtain any compensation.
- In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution.
- If delivery of a ordered product proves impossible, the entrepreneur will endeavour to make a replacement item available. At the latest in delivery, it will be clearly and understandably reported that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be ruled out. The cost of return is at the expense of the entrepreneur.
- The risk of damage and/or disappearance of products rests with the entrepreneur until the time of delivery to the consumer, unless expressly otherwise agreed.
ARTICLE 12 – DURATION TRANSACTIONS
- The consumer may terminate an indefinite contract and which extends to the regular delivery of products (including electricity) or services, at any time in compliance with agreed termination rules and a notice period of not more than one month.
- The method of denunciation shall be made in writing and may be sent both digitally and by post to the address details as indicated in Article 2.
- An agreement entered into for a fixed period of time shall have a duration of up to two years. If it is agreed that, in the case of consumer silence, the agreement will be extended remotely, the agreement will continue as an indefinite contract and the notice period after the continuation of the agreement will be a maximum of one month.
- The method of denunciation shall be made in writing and may be sent both digitally and by post to the address details as indicated in Article 2.
ARTICLE 13 – PAYMENT
- To the extent that it has not been agreed at a later date, the amounts due by the consumer shall be paid within 14 days of the delivery of the property or in the event of an agreement to provide a service, within 14 days of the issue of this Agreement on documents.
- When selling products to consumers, a partial or full prepayment may be negotiated under general terms and conditions (during the withdrawal period). Where prepayment has been agreed, the consumer cannot assert any justice in respect of the execution of the order or service(s) concerned before the prepayment has been negotiated.
- The consumer has a duty to report inaccuracies in payment data provided or mentioned without delay to the entrepreneur. In the event of a default of the consumer, the entrepreneur has the right to charge the reasonable costs made available to the consumer in advance.
- In the event of a default of the consumer, the entrepreneur has the right to charge the reasonable costs made available to the consumer in advance. These costs amount to conventional interest amounts to 1 of the invoice amount per month as well as a flat-rate compensation of 10 with a minimum of 25€. The consumer is also required to pay all collection costs – both the extrajudicial and judicial costs to which the recovery of an unpaid invoice will give rise. The out-of-court collection costs are fixed on a flat rate equal to 10 of the invoice amount, with a minimum of €125.
ARTICLE 14 – COMPLAINTS SCHEME
- The entrepreneur has a sufficiently publicized complaints procedure and shall deal with the complaint in accordance with this complaints procedure.
- In case of any complaints, we would like to find a suitable solution with you. You can contact us for this.
- Complaints about the implementation of the contract must be submitted to the entrepreneur within a competent time, in full and clearly, after the consumer has identified the deficiencies.
- Complaints submitted to the entrepreneur shall be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur shall reply within the 14-day period with a receipt notice and an indication when the consumer can expect a more comprehensive answer.
- If the complaint cannot be resolved by mutual agreement, a dispute which is susceptible to the dispute settlement arises.
ARTICLE 15 – DISPUTES
- Only Belgian law applies to agreements between the entrepreneur and the consumer to which these terms and conditions relate.
- Disputes between the consumer and the entrepreneur concerning the establishment or implementation of agreements relating to products or services supplied by that entrepreneur may be referred to the Disputes Committee, taking into account the provisions of the following, both by the consumer and the entrepreneur.
- A dispute is dealt with by the Disputes Committee only if the consumer has first submitted his complaint to the entrepreneur within a competent time.
- No later than three months after the dispute has arisen, the dispute must be brought before the Disputes Committee in writing.
- If the consumer wishes to refer a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the economic operator wishes to do so, the consumer will have to say in writing, within five weeks of a request made in writing by the entrepreneur, whether he wishes to do so or to have the dispute dealt with by the competent court. If the trader does not perceive the choice of the consumer within the five-week period, the entrepreneur is entitled to present the dispute to the competent court.
- The Disputes Committee shall rule under the conditions laid down in the Rules of the Disputes Committee. The decisions of the Disputes Committee shall be taken by way of binding advice.
- The Disputes Committee will not deal with a dispute or cease treatment if the trader has been granted suspension of payment, has become in a state of bankruptcy or has effectively terminated his business, before a dispute has been heard by the committee at the hearing and a final ruling has been handed down.
ARTICLE 16 – ADDITIONAL OR DEROGATIONPROVISIONS
Additional or derogating from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing or in such a way that they can be accessible by the consumer. stored on a durable data carrier.