Delivery & sales conditions Historic Wines BVBA
I. Application of these general terms and conditions:
I.1. All offers, quotations, order confirmations and deliveries of Historic Wines and orders from the customer are subject to the general terms and conditions described below.
I.2. Placing an order by the customer implies the acceptance of these general terms and conditions and the exclusion of the customer's own purchase and delivery conditions.
I.3. Any deviation from these terms and conditions must be confirmed in writing by Historic Wines.
I.4. A customer order is accepted by Historic Wines if confirmed by Historic Wines in an order confirmation. However, Historic Wines may waive such order confirmation without this affecting the application of these terms and conditions.
I.5. In the event of a difference between the order of the customer and the quotation or order confirmation from Historic Wines, the quotation or order confirmation from Historic Wines takes precedence.
I.6. The nullity or unenforceability of one of the provisions of these general terms and conditions does not affect the validity and enforceability of the other provisions.
I.7. Insofar as these general terms and conditions are drawn up in a language other than Dutch, the Dutch text is always decisive in the event of differences.
II. All offers of Historic Wines are without obligation and are explicitly subject to availability. In the event of exhaustion of stock or the fact that a product is no longer available, Historic Wines is not liable and will seek an alternative product in consultation with the customer.
III. Delivery - delivery modalities and risk transfer.
III.1. Delivery term: All delivery periods stated by Historic Wines are indicative and therefore not binding. Any delay in the delivery can in no case give rise to compensation or dissolution of the agreement at the expense of Historic Wines.
III.2. Place of delivery: Unless otherwise agreed in writing, the products are delivered to the registered office in the warehouses of Historic Wines.
III.3. The customer must collect the products and receive them within 48 hours after the request for collection by Historic Wines.
III.4. In the case Historic Wines still delivers a delivery on location outside its warehouses and in the absence of any agreement about the mode of transport in the quotation and / or order confirmation of Historic Wines, Historic Wines has the choice regarding the transporter and travel the products anyway for account and risk of customer.
III.5. The delivered products remain the property of Historic Wines until full payment by the customer of the full purchase price, interest and costs.
IV. Defects and non-conformity.
IV.1. The customer must immediately receive the delivered products and check thoroughly.
IV.2. All complaints regarding defects and non-conformities such as incorrect delivery, damage to products and incorrect quantities etc, must be submitted in writing by email to firstname.lastname@example.org or by fax to +32.3.888.92.70 within 2 working days after delivery and before any treatment or use of the delivered goods by the customer. No complaints regarding the delivered products will be accepted after this period.
IV.3. The liability of Historic Wines for defects and non-conformity of delivered products is at all times limited to (1) replacement of the product or (2) reimbursement of the purchase price of the products sold as stated on the invoice.
V. Prices and payment conditions:
V.1. All prices quoted by Historic Wines include VAT and exclude transportation costs.
V.2. Historic Wines, as a Belgian company, complies with Belgian laws, regulations and procedures. If the customer is not established in Belgium, the customer-buyer is liable for any tax or import duties that may be due in the country of destination / receipt.
V.3. All invoices can be paid in cash and without discount to Historic Wines at its registered office.
V.4. Historic Wines reserves the right to adjust its prices at any time.
V.5. In the event of non-payment or incomplete payment on the due date, the customer is liable for damages without prior notice of default and legally set at 10% of the invoice amount with a minimum of € 30.00 in the name of compensation. Furthermore, a late payment interest is due from the due date, equal to 1% per started month. In addition, all other invoices or amounts that have not yet expired become due and payable.
V.6. Every protest regarding the invoices of Historic Wines must be made in writing and in a detailed and motivated manner, within 5 working days after the invoice date.
The liability of Historic Wines customer is limited to the price of the products sold as stated on the bill of Historic Wines.
She is never liable for any indirect, special, incidental, punitive or consequential damages.
VII. Applicable law and competent court:
All agreements concluded between Historic Wines and the customer and disputes arising therefrom are governed by Belgian law with the exception of the United Nations Convention on Contracts for the International Sale of Goods, in Vienna dated 11 April 1980 (Vienna Sales Convention). For all disputes, the courts of the district of Antwerp (Belgium) or the courts of the domicile of the defendant are exclusively competent at the choice of the plaintiff.