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 Application
The 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 offered
The 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.
Delivery 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 or Ververijstraat 15-17, 9000 Gent where you will have to pick them up or an other deliverytime is scheduled. 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 9 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 Payment
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, 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 Restriction
We 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.
Orders 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 Pay. All 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 Protection
The 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: email@example.com.
8. Acceptance & Cancellations
You 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 (firstname.lastname@example.org), 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 email@example.com 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.
The 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 (firstname.lastname@example.org 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.
We 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 Liability
You 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 Risk
The 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 majeure
We 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 property
The 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 rights
This 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.
6. Governing law and Jurisdiction
These terms and conditions shall be solely subject to Belgian law and to the exclusive jurisdiction of the courts of Leuven.