www.vins-prives.com is an e-commerce site selling wine and operated by VB2P SPRL, having its registered office at 30, Avenue Zénobe Gramme in 1300 Wavre, BCE 526787303.
The Terms of Sale herein constitute the contract between the parties, namely VB2P SPRL (hereinafter "Vendor") and Client.
"Client" refers to any natural or legal person ordering products on the www.vins-prives.com website.
"Consumer" refers to any natural person ordering products on the www.vins-prives.com website for personal use.
All prices are in euros and inclusive of tax and excise duties. Delivery costs are not included in the prices given and are instead calculated separately during the ordering procedure, based on the place of delivery and the amount of products ordered.
Any sum left unpaid on its due date shall automatically and without further notification incur interest calculated on the basis of an annual rate of 10%, as well as giving rise to fixed compensation equivalent to 12% of the sum due.
Vouchers can be accumulated and are redeemable for 3 months.
Vendor reserves the right not to issue a "referral" voucher when in doubt as to the existence of an identical client account (the referral offer being limited to one voucher per household with the same name and address).
Vendor reserves the right to change or suspend the referral programme temporarily or permanently at any time, which shall not be grounds for the Client to file for damages or any other claim.
Ordering products on the www.vins-prives.com website requires Client to create an account on the site and log in to it.
During the registration process and upon confirmation of the order, Client confirms that he/she fulfils the legal conditions for purchasing alcoholic beverages (namely being 18 years old or more for natural persons) and accepts the Terms of Sale herein.
Client can access the online product catalogue after logging in to www.vins-prives.com. Client can then add or remove products from his/her basket at any time.
Once Client has finished choosing products, he/she clicks on "Order" and enters the delivery details. Client then chooses a method of payment and completes his/her order by clicking on "Pay".
The order shall not be considered final or accepted by Vendor until such time as confirmation of payment has been received from the bank.
Vendor reserves the right to suspend or reject an order, particularly in the event that the details provided by Client are clearly erroneous or incomplete.
Following confirmation of payment of the order, Vendor shall send Client an e-mail with the order details, including the order number, a list of products ordered and their prices, a link to the Terms of Sale herein, a reminder of the existence of the right of withdrawal and an estimate of the delivery time.
Consumers who order products from the www.vins-prives.com website shall have 14 calendar days, starting from the day after delivery of the products, to inform Vendor of their wish to cancel the purchase without justification and without penalty.
Where the time period would end on a Saturday, Sunday or public holiday, it shall be extended until the first following working day.
Consumers shall return the product(s) whose purchase they wish to cancel in their original condition and packaging.
Consumers shall only be liable for direct return shipping costs.
Vendor shall refund the sum paid as soon as possible and no later than 14 days after Consumer has informed Vendor of his/her wish to withdraw from the contract.
Nevertheless, in accordance with Article VI.50 § 3 of the Economic Law Code, Vendor reserves the right to postpone the refund until reception of the product or reception of proof of shipment by the consumer.
Opening a product before the end of the corresponding withdrawal period shall be construed as waiving the right of withdrawal for that specific product.
Products are delivered to the following countries: Belgium, metropolitan France, Luxembourg, the Netherlands, the United Kingdom, Germany, Austria, Denmark, Italy and Spain.
Delivery time estimates are provided solely by way of information and shall not be considered binding. Delivery delays shall not be grounds for compensation, damages, termination of the contract or suspension of Client's obligations.
If, despite the variety of delivery methods offered by Vendor, Consumer is unable to retrieve his/her order, it shall fall upon Consumer to pick up the order at the place specified by the hauler. Storage of Consumer's order may give rise to additional costs which must be paid by Consumer before he/she can retrieve the order.
Transfer of ownership of the products shall take place upon reception of the order confirmation. Client shall therefore bear any risks related to delivery.
Products are offered for sale on www.vins-prives.com within the limits of available stock.
Should one or more products become unavailable following payment of the order, Vendor undertakes to inform Client as soon as possible and to offer him/her a choice among getting a refund, changing the order or waiting until the product(s) in question are available again.
Any claims must be filed in writing within 8 days after delivery of the order or the event giving rise to the claim, failing which they shall not be taken into account. Should a claim be accepted, Vendor may choose to either replace or refund the defective product(s).
By registering on our website you agree to receive information from us related to our activities and sales, updates to the website, information on our services and on your purchases.
You can withdraw at any time and not receive any more e-mails from us by clicking on the unscubscribe link located below all our e-mails or by a simple request by e-mail to email@example.com
Client acknowledges and accepts that all obligations of Vendor are obligations to use its best endeavours, and that Vendor shall only be held liable for fraud or gross negligence. Should Client prove Vendor has engaged in fraud or gross negligence, Client may file a claim only for material damages resulting directly from Vendor's fault, excluding any other type of damages. The claim shall in no case exceed 75% (tax exclusive) of the sum paid by Client for the order in question.
Client also acknowledges that Vendor shall not be held liable for any direct or indirect damage caused by the delivered products, including loss of earnings, increased overheads, loss of customers, etc.
Vender shall not be held liable if Client provides inaccurate information or a third party uses Client's account.
It falls upon Client to be aware of any restrictions or customs fees imposed by his/her country on the trade of wine. Vendor shall therefore not be held liable if Client faces restrictions or additional costs arising from his/her country's policies.
All information, logos, images, brands, models, slogans, graphic charters, etc., on the www.vins-prives.com website are copyrighted.
Client may not change, reproduce, rent, loan, sell, distribute or create derivative works based in whole or in part on the elements featured on the www.vins-prives.com website without prior written authorisation.
Client is required to provide personal details including surname, name, address, telephone number and e-mail address to register on the www.vins-prives.com website.
These data are used to process orders. They shall not be shared with Vendor's partners unless Client gives his/her express consent.
Vendor shall process collected data confidentially and in accordance with national and international legislation, including but not limited to Belgian Data Protection Law of December 8, 1992, amended by the Law of December 11, 1998.
Client may at any time send a dated, signed request to VB2P SPRL together with a copy of his/her ID as proof of identity to receive a list of the personal details concerning Client collected by Vendor via the www.vins-prives.com website, free of charge. Client may also request the correction of inaccurate, incomplete or irrelevant data and ask for their removal from the database.
The list of personal details shall be provided no later than 45 days after reception of the request.
Vendor shall not be held contractually or extracontractually liable for temporarily or permanently ceasing to fulfil its obligations whenever this default is the result of force majeure or a fortuitous event. Force majeure and fortuitous events include but are not limited to: 1) complete or partial loss or destruction of Vendor's computer systems or Vendor's database, whenever blame for such events cannot be reasonably attributed to Vendor and it has not been proven that Vendor failed to take reasonable measures to prevent such events; 2) earthquakes; 3) fire; 4) flooding; 5) epidemics; 6) acts of war or terrorism; 7) declared or undeclared strikes; 8) lock-outs; 9) blockades; 10) insurrections and riots; 11) energy blackouts (including electricity); 12) failure of the Web network or the data storage system; 13) failure of the telecommunications network; 14) loss of access to the Web network or the telecommunications network used by Vendor; 15) a third-party decision or action affecting the proper implementation of this contract; or 16) any other cause beyond Vendor's reasonable control.
Should circumstances beyond Vendor's control prevent Vendor from fulfilling its obligations or make fulfilment thereof costlier or more difficult, Vendor and Client undertake to negotiate dutifully and in good faith to adapt the contractual terms within a reasonable time with a view to restoring their functionality. Should an agreement fail to be reached within a reasonable time, any of the two parties may terminate their contractual relationship without giving rise to any compensation whatsoever.
Should any of the provisions herein be found null and void, the remaining provisions shall remain valid and in force.
Vendor reserves the right to amend the Terms of Sale herein at any time and without prior notice. Any changes shall apply to subsequent orders.
Litigation concerning the products delivered by Vendor or concerning the validity, interpretation or implementation of the Terms of Sale herein shall be governed by the laws of Belgium and shall fall under the exclusive jurisdiction of the courts of the Brussels judiciary district and, more specifically, the Judge of the Peace of the Ixelles Canton.