THE GRAPE HOUSE
Terms and conditions
Terms and conditions
The following definitions and rules of interpretation apply to
this agreement:
“Customer”: [You, Your & They] means
the person, firm or company who purchases goods from The Grape House;“The Grape House”: [Us, Our & We]
means The Grape House VOF, a VOF with registered office at Liststraat 26, 1910
Kampenhout and registered with company number 0753.900.034 and known to the
VAT-administration under the number BE0753.900.034;“Goods”: means products or services
provided by The Grape House and included in the order;“Order”: [Order] means the order placed
by the Customer by The Grape House;“Website” : the website www.theGrapehouse.be;“Terms
and Conditions”: these terms and conditions.1. Scope of ApplicationThe legal relationship
between the Customer and The Grape House and everything related thereto shall
be subject exclusively to the Terms and Conditions. The Terms and Conditions
prevail over any inconsistent terms or conditions contained, or referred to, in
the confirmation of Order, promotional materials, or any other document
supplied.There will be no contract
of any kind between You and Us until We process Your Order and take payment.
Once You have received Our Order acknowledgment You should check and ensure
that the Goods & delivery mentioned are those that have been ordered.
Should there be any discrepancy You should inform Us within 24 hours of placing
the Order by phone or email after which a contract will come into existence
between You and Us and Goods will be delivered.The Grape House reserves
the right at all times - without giving reasons - to refuse orders.These General Terms and
Conditions are without prejudice to the statutory rights which are compulsorily
granted to the Customer under the applicable national legislation on consumer
protection.2. Detail of Goods offeredThe price, quantities of wine, type of wine, discounts applicable
and delivery are detailed via Our website.All offers on the Website, in catalogues, and other publicity
announcements are for information purposes only. The Grape House may modify or
withdraw the offers on the Website at any time. In any case, offers are only
valid while stocks last. The Grape House shall under no circumstances be liable
for material errors, typesetting.3. DeliveryDelivery of Your Goods will
be detailed on the Order acknowledgment to their preferred delivery address.
Please notice that we only deliver a day later or the same day in the centre of
Leuven (in the future possibly in Ghent).Our delivery agent normally
delivers Monday to Friday, between 5pm and 7pm. If You are not available at the
time of delivery the purchased Goods will return to our storage: Naamsestraat
40, 3000 Leuven where you will have to pick them up. In that case, The Grape
House will contact you to choose a time for pick-up.The delivery time is always
indicative and is not an essential part of The Grape House’s obligations
towards the Customer. Exceeding the communicated delivery period may never give
rise to the payment of any compensation or to the dissolution of the purchase
between The Grape House and the Customer. In any event, The Grape House may
never be held liable for delays caused by the Customer or third parties.It is Your responsibility
to inspect the Goods at time of delivery and report any damages or incomplete
deliveries. See also article X for more information on Our returns policy.You are welcome to collect
Your Goods in person at a mutually agreed time as agreed at time of Order.
Should You do this, then no delivery charges will be incurred.We reserve the right to
make delivery in instalments to You. If We choose to do so, this will be at Our
cost and We will notify You beforehand.Once Your Goods have been
delivered and signed for in accordance with Your original delivery
instructions, it becomes Your, or Your designated recipient’s, responsibility
from the point of delivery. We will not be liable for stolen Goods once they have
been delivered and signed for. This does not affect Your right to replacement
Goods if any of the Goods are damaged.4. Prices and PaymentAll 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, any accelerated
treatments (such as express shipping) and / or additional requirements of the
customer (such as the mention of a message, the packaging of the Product,
etc.).Shipping costs are not
included. They depend on the value of the total order. During the online
ordering process, the exact amount of shipping costs will be indicated.All prices on the website
are informative and therefore We cannot be held liable for an error concerning
the price listed on the Website.5. Age RestrictionWe will not sell wine to
anyone who is not 18 years old or over. By placing an Order You confirm that
You are at least 18 years old.If You are buying a case of
wine as a gift - the recipient must also be over 18 years old.If Our delivery agents are
in any doubt about the age of the recipient on delivery, they will request some
form of ID. If the person receiving the Goods is unable to produce appropriate
ID, unfortunately Our delivery agents will be unable to leave the Goods.6. PaymentOrders must always be paid
in advance by the Customer.When placing an order, the Customer
has the choice between different payment options:- Bancontact- KBC/CBC Payment button- ING Home PayAll online payments are
processed for The Grape House by an external professional and specialized
partner. This external partner provides the payment infrastructure that is
subject to protection protocols. All online payments are subject to the general
terms and conditions of the external partner that manages the payment
infrastructure and therefore bears sole responsibility for the correct
processing of all online payments.7. Data ProtectionThe personal data provided by the Customer will be used and
processed in the Belgian Privacy Act of 30 July 2018 on the of
individuals with regard to the processing of personal data and EU Regulation
2016/679 of 27 April 2016 on the protection of individuals with regard to the
processing of personal data and on the free movement of such data ('GDPR') and our Privacy Statement.
The Grape House shall only transmit this data to the payment provider and
transport service for the purpose of processing the order.The Customer may at any time request access, correction, deletion,
restriction, transferability of his data. If the Customer no longer wishes to receive
commercial information from The Grape House, the Customer shall inform The
Grape House thereof:by e-mail: info@theGrape
House.be[AV1] 8. Acceptance & CancellationsYou should ensure that all
bottles are carefully inspected on delivery, as We will not consider any claims
for breakages unless the breakage is stated on the delivery documentation.If some or all of Your wines
are broken, missing or spoiled when they are delivered You should notify Us by
email (info@thegrapehouse.be), via our Instagram page or by telephone within 24hrs of delivery
and We will replace any damaged or missing wines.Any Goods collected by our
carrier must be in their original box to avoid further breakages, where
possible.You may cancel Your Order
in case it is not in delivery yet by e-mailing us. In order to cancel an Order
You must contact The Grape House via info@thegrapehouse.be or +32477765392. Should You cancel an Order after dispatch You
must return the Goods in exactly the same condition as they were dispatched,
you must return the Goods according to the procedure in article 9. Should You
fail to return the Goods in a satisfactory condition within 14 days from the
date of cancellation the Goods will be deemed to have been accepted by the Customer.9. ReturnsThe Customer who is a
consumer has a right of revocation with regard to the products purchased
through the webshop. Pursuant to Articles 47-52 of Book VI of the Economic Law
Code, the Consumer has the right to withdraw from the contract within a period
of 14 calendar days without giving any reason. In order to exercise the right
of withdrawal, the Consumer must inform The Grape House (info@thegrapehouse.be
or via Instagram) of his decision to withdraw from the contract. In order to
comply with the withdrawal period, it shall be sufficient for the Consumer to
send his notice concerning the exercise of the right of withdrawal before the
withdrawal period of 14 days has expired. The returned Goods must be in the
same condition as at the time of delivery. This means that the Goods must be
sealed and returned in their original packaging. Under no circumstances shall a
professional Customer have this right of withdrawal. Upon receipt of the returned Goods in a
satisfactory condition a refund minus the cost of delivery and/or collection
will be made.
10. WarrantiesWe warrant that the Goods
will be of satisfactory quality and fit for their general purpose for a period
of 12 months. Given the distinct nature of wine, do remember that their
maturation is a variable process and some wines may no longer be at their peak
at their time of consumption. Should this be the case, it will not amount to a
breach of warranty. Should You find that Goods have spoiled within this period,
You can contact Us for a replacement.Wines should be stored and
handled in an appropriate way to allow good maturation and full life. We
recommend storage temperatures of between 10-16 degrees and out of direct
sunlight. Should You be unable to show that these guidelines have been followed
We reserve the right to refuse replacement.11. Limitation of LiabilityYou should also be aware of
the following inherent risks and warnings: Any alcohol should be consumed in
moderation. We are not responsible for any actions taken during the influence
of our alcohol on the person. We are not responsible in case of an accident or
death or any physical damage.We shall never be liable for
(1) any indirect consequential or economic or special loss or damage whatsoever
or for any loss of business, loss of contracts, loss of profits or use, any
deletion, corruption, destruction or loss or removal of data, loss of goodwill
or loss of reputation or any financial loss; (2) defects caused directly or
indirectly by the act of the Customer or of a third party, whether caused by
error or negligence; (3) damage resulting from incorrect or inappropriate use
or handling of the purchased products.A case of wine is heavy so
extra care should be taken when lifting it. If needed We advise You transfer
bottles 1 or 2 at a time.Sparkling wines can be
volatile due to the build up of gases; therefore We recommend that extra care
be taken by You when opening these bottles.We will not be responsible
for spillages that occur once delivery has been made.12. Transfer of RiskThe Goods are at Your risk
from the time of deliveryIf for any reason You do
not accept delivery of the Goods when they are ready for delivery, or We are
unable to deliver the Goods on time as a result of You not providing
appropriate instruction then:The Goods shall be deemed
to have been delivered on a specified delivery date on the Order or Order
confirmation. The risk in the Goods shall pass to You at that time and We may
store the Goods until delivery and You will be liable for all related
additional costs and expenses such as, but not limited to, storage and insurance.13. Force majeureWe shall not be liable for
any delay in or for failure to perform obligations if that delay or failure is
caused by circumstances beyond Our control such as, but without limitation, any
strike, lock-out or other form of industrial action, war, riot, civil
commotion, malicious damage, compliance with any law or governmental rule,
regulation or direction, accident, breakdown of plant or machinery, fire,
flood, storm, materials, goods or raw materials, pandemic and epidemic, failure
of telecommunications provider in connection with the performance of your Order.14. Intellectual propertyThe Grape House shall be
the sole and exclusive owner or shall hold the necessary licences for all parts
of the Website such as, among others, the texts, the database containing all
data published on the Website, the layout and graphic design of the web pages,
the catalogue, the photos, the images. Any form of copying, publication,
imitation or any other form of use, in any form whatsoever, is prohibited
without the prior written consent of The Grape House.15. MiscellaneousTransfer of rightsThis agreement does not
confer or purport to confer on any third party any benefit or any right to
enforce any term of this agreement.Forfeiture of rightsIn the event that The Grape
House should fail to enforce or apply one or more of the rights listed in these
General Terms and Conditions, possibly or even repeatedly, this shall only be
considered as tolerating a certain situation and shall not lead to any legal
action. Such failure can never be regarded as a waiver of such provision(s) and
shall never affect the validity of these rights.Changes to the termsThese terms supersede any
previous terms and conditions and We reserve the right to modify these terms
and conditions at any time and in any way. It is Your responsibility to read
these terms prior to entering into any contract. No amendment of variation of
these Terms and Conditions shall be effective unless in writing and signed by a
duly authorised representative of all of the parties.SeverabilityThe sale of the Goods takes
place only when specific Goods are appropriated to the contract. If any court
rules that any of the provisions included in these terms are invalid, unlawful
or unenforceable to any extent, the term will, to that extent only, be severed
from the remaining terms, which will continue to be valid to the fullest extent
permitted by law.The possible nullity of one
of the provisions of these General Terms and Conditions or part of a provision
does not affect the applicability of the remaining provisions and/or the rest
of the provision. In the event of nullity of one of the provisions, The Grape
House and the Customer shall, to the extent possible and according to their
loyalty and conviction, negotiate to replace the null and void provision with
an equivalent provision that complies with the general spirit of these General
Terms and Conditions.16. Governing law and
JurisdictionThese terms and conditions
shall be solely subject to Belgian law and to the exclusive jurisdiction of the
courts of Leuven.
[AV1]Sturen jullie reclame e-mails? Zo nee, dan mag
deze zin verwijderd worden. Zo ja, in alle mails moet
een uitschrijflink staan.