General terms of distance selling by Winozof
The customer must always read the general terms of distance selling before placing an order. Any order online or by telephone will be regarded as an explicit acceptance of the general terms of distance selling.
1. IDENTIFICATION OF THE SALESMAN
Pageboy Fromwood & Associates SCS hereafter called “Winozof”.
Boterbloemenlaan 10, 3080 Tervuren (Belgium)
VAT BE 0651.613.831 - RPM Brussels
2. GENERAL INFORMATION AND DEFINITIONS
Only the present conditions of sale are of application for the distance selling (online or by telephone) to the end-users by Winozof and this on the Belgian territory. They apply other than all other conditions, even those taken again to the purchase order emanating from the purchaser. Winozof reserves the right to modify these general terms constantly. Nevertheless, the contracts in progress remain subjected to the conditions applicable to the moment when the sale is concluded. With the confirmation of his order, the customer receives the general terms of sale, in a format which it will be able to store or print.
Winozof is active only in Belgium. We can accept your reservation only when the address of delivery is in Belgium. Convention can be concluded in Dutch or French, with the choice of the customer. The later exchange of information will also be done in one of these languages. The customer will not be able to prevail himself of his lack of knowledge of the selected language to call upon to it not application of one or several conditions.
Where it is indicated, the provisions will apply only to the sale to the “consumers”; i.e. with any natural person who acts at ends which do not enter within the framework of its marketing activity, industrial, artisanal or liberal.
By “wine” he is heard: alcoholic beverage obtained by the fermentation of grape, fruit of the vines (whose Vitis vinifera). In Europe, according to the legal definition, the wine is the product obtained exclusively by alcoholic, total or partial fermentation, of grapes fresh, pressed or not, or of grape musts.
The “champagne”, also called wine from champagne, is a French effervescent wine protected by a protected designation of origin (AOC) whose regulation required several centuries of gestation. Its name comes from Champagne, an area of the North-East of France. The geographical delimitation, the type of vines, the outputs and the whole of the development of champagne are principal specificities of name.
By “spirits” he is heard: alcoholic beverage obtained by distillation, possibly followed of a maceration or an agricultural raw material infusion. These manufacturing processes distinguish the spirits from alcoholic beverages produced by fermentation like, for example, beer, the wine or the cider).
The “accessories” are all the objects having a relationship with the wine, champagne, the spirits, the gastronomy and oenology in the broad sense.
This text is a semi-official translation in English of the “Conditions générales de vente à distance de Winozof”. This translation has no legal value, this legal value is the exclusiveness of the French original version. However, we hope that this translation will be useful for you. To consult the original, you can follow this link.
3. CONCLUSION OF THE DISTANCE SELLING
To order a product online, the customer must add it to his shopping cart. Then, it chooses the method of delivery (see article 7), it fills its personal data and it chooses a method of payment (see article 6). To conclude the reservation or the order, the customer must click on the button “payment” and carry out the payment (except if the payment is envisaged during the delivery).
To order a product by telephone, the customer can invite number +32 (0) 2 / 688.49.03 and the telephone operator will guide it through the process of purchase.
The catalogue of products and their description being reproduced on www.winozof.be, do not constitute an offer as such. It is not enough consequently to hold or order a product on our site or by telephone for the formation of the sale contract. The sale will be definitively concluded only at the time of the reception of e-mail of confirmation. The customers who do not have an e-mail can receive a SMS of confirmation of their order per telephone.
For the security and the certainty of the customer, Winozof reserves the right to require additional information of him and to refuse the execution of the order in the absence of adequate answer. Winozof can also refuse to carry out orders when it appears that the purchaser intends to resell the products or when the order is carried out by a minor of age. This is also of application when a glaring error was introduced into the description of a product or the indication of its price on the Web site, and this in spite of the great attention that Winozof grants to the exactitude of information.
In the event of major force, Winozof reserves the right to suspend its obligations throughout all emergency, or to terminate the contract definitively.
4. TRANSFER OF PROPERTY
Notwithstanding article 1583 of the Belgian Civil code, the sold goods, delivered remain our exclusive property, until the integral payment of our invoices. Notwithstanding this reserve of property, all the risks of loss and damage relating to the goods concerned are transferred to the customer as of the taking possession.
Our prices mean VAT and other taxes and contributions understood.
All the offers are valid as long as they are taken again on the Web site. The prices indicated can always vary. When you carry out an order, the effective price for this purchase corresponds to the present price at the time of this order.
The delivery and standard forwarding of order higher than 250 euros including all taxes are free, except explicit contrary mention.
For his online order or by telephone, the customer can carry out his payment:
a) in species, at the time of the delivery and for an ordering of an amount lower or equal to 3,000 euros including all taxes.
b) or by classical transfer on our account (IBAN): BE27 6511 5775 7873 - BIC (SWIFT): KEYTBEBB.
In this last case, the products are booked to the customer during 5 days, while waiting for the payment. Once this time passed, we can decide to cancel the order.
In the absence of payment of the balance remaining due at the time of the delivery, the goods will be taken again and the later services will be invoiced with the customer.
At the time of an order for home delivery via mail or in point of withdrawal, the customer must always pay the entirety of the amount to the order.
All the products are delivered at the address or to the point of removal indicated by the customer. For the security of the customer, a proof of the identity of the customer (or a copy) can be required at the time the delivery. The customer signs for reception.
In the event of absence during the delivery at the agreed time or in the event of refusal obviously non-founded of the delivery by the customer, the expenses caused by additional displacement will be invoiced moreover. The same rule applies when the customer less cancels to it appointments than 48 H in advance.
In case of doubt concerning the delivery terms, the customer can contact us to the +32 (0) 2 / 688.49.03.
The home delivery is carried out by our care or a mail (only at the ground floor).
In the absence of customer, a transit advice note is deposited in its letter-box.
During a delivery in point of withdrawal, the customer receives a notification as soon as its order is available for removal on presentation of its identity card. If the point of withdrawal chosen by the customer is not available any more at the time of the delivery, Winozof reserves the right to deliver the order in the point of withdrawal available nearest.
8. DELIVERY PERIOD
For the articles in stock at the time of the order, Winozof gets in touch with the customer and proposes several delivery dates to him.
For the articles which are not stock at the time of the order, the delivery period will vary according to the constraints of supply. As soon as the articles are of stock, Winozof will contact the customer to schedule a delivery date in the event of home delivery. In the event of delivery in point of withdrawal, the customer is warned when the order is available to the point of withdrawal or Winozof store.
Winozof is not responsible for the consecutive damage with a late delivery or a non-delivery. In such case, the responsibility remains limited to the value of the articles, for which the customer brings the proof of non-reception.
In the event of payment by transfer, the customer is informed when it proves that the payment was not received yet two days before the delivery date. After reception of the payment, the customer is recontacted to schedule a new delivery date.
9.1 Remarks relating to the remote order
For any remark relative to his order, the customer can contact Winozof to the +32 (0) 2 / 688.49.03 (Monday to Friday from 9:00 to 17:00) or by sending e-mail to email@example.com
9.2 Remarks relating to the delivery
Any claim on apparent damage with the delivered goods or on the damage caused by our deliverymen must, to be considered, to be mentioned on the documents of delivery at the time of the delivery. This is also worth for the incorrect or incomplete deliveries. The claims on damage or defects with the same goods must be formulated by e-mail with firstname.lastname@example.org, always in the 24 hours which follow the delivery
10. CONDITIONS OF WARRANTY FOR THE CONSUMERS
This warranty covers only the existing defects of conformity at the time of the delivery of the goods. Are consequently excluded:
- Any direct or indirect damage caused with the articles after the delivery (p.ex by oxidation, shocks, fall,…) ;
- The replacement of the elements or accessories whose normal replacement is necessary;
- Consecutive damage with a fire, a water damage, the lightning, an accident, a natural disaster;
- Defects caused expressly or by negligence, by a nonjudicious treatment, a bad maintenance or an abnormal use or not in conformity with the regulations of the manufacturer;
- Consecutive damage with a commercial, professional or collective use.
Any request for control must be addressed to our after-sales service in the 2 working days which follow the delivery immediately, by e-mail only, with email@example.com. Exceeded this time, the request will be automatically regarded as being inadmissible. When the customer calls directly upon the manufacturer within the framework of the warranty, the related expenses are there with its load. In the event of intervention by a third which is not indicated by Winozof, the benefit of the warranty is cancelled.
The present conditions and restrictions do not affect the legal tendencies on the matter.
11. RIGHT OF RETRACTATION
This provision applies only to the distance selling with the consumers. This provision thus does not apply to any natural person within the framework of her marketing activity, industrial, artisanal or professional, nor with legal people. The consumer can retract contract, without having to justify his decision, in the 14 days from the delivery.
The customer communicates in writing, in the 14 days from the delivery, his decision of retractation. This communication can be done by e-mail firstname.lastname@example.org at the address, or post way at the address Boterbloemenlaan 10.3080 Tervuren. Winozof sends e-mail of confirmation to you after reception of your decision of retractation.
The customer turns over the products to his expenses, at the address postal Boterbloemenlaan 10.3080 Tervuren, accompanied by the invoice or the receipt at the head office of Winozof, in the 14 days from the delivery.
The products must be returned, as far as possible, in their packing of origin, with all the provided accessories, and in their country of origin. The customer is responsible for the depreciation for the products resulting from handling other than those necessary to establish nature, the characteristics, to see the good performance of these products. The customer is also held to respect the products and to handle them carefully.
In the 14 days following the communication with Winozof of the decision of the customer of retractation, the customer can choose to be made refund in the shape of a purchase order or via credit transfer (decreased by the above-mentioned depreciation, if necessary). No refunding in cash could however be obtained. Winozof reserves the right to differ refunding until recovery from the articles.
The parts accept electronic evidence (e-mail, backup,… ).
13. POSSIBLE COMPLAINTS AND DISAGREEMENTS
For every possible complaints, the customer can address himself directly to:
Pageboy Fromwood & Associates SCS
Tel. +32 (0) 2 / 688.49.03 (Monday to Friday from 9:00 to 17:00)
All the disagreements are subjected to the Belgian right. Only the Belgian courts are qualified.
The customer can also address to the ODR online platform ODR of the European Commission: http://ec.europa.eu/odr
These conditions of distance selling are applicable as from the 1/1/2017.