General conditions for THE WINE ARCHIVE
Version 0.1
This page was last edited on 24/11/2021.
THE WINE ARCHIVE, located at 2300 Turnhout, Belgium, is responsible for the processing of personal data as explained in this privacy policy.
Contact info:
2300 Turnhout, Belgium
Tel. +32 486 42 98 44
yannick.durbaca@hotmail.com
TERMS OF SALE
- PRICES
1.A. THE WINE ARCHIVE may adjust the C and F/CIF prices during the execution of the contract to changes in freight, insurance rates and taxes and/or duties.
1.B. The communication of prices, rates and delivery times and sales conditions, even by the representatives of THE WINE ARCHIVE, are only indicative and do not constitute an obligation on the part of THE WINE ARCHIVE as long as they are not confirmed by THE WINE ARCHIVE.
2. DELIVERIES
2.A. Force majeure suspends the delivery terms and does not entitle the Customer to dissolution/damage compensation. orce majeure in any case includes: lack of supply, strike, lock-out, fire.
2.B. Late delivery never entitles the Customer to compensation/dissolution; this is also the case with explicitly stipulated delivery terms. In the absence of explicit delivery terms, this is set at 4 months. Split orders (fractional deliveries) will be given in such a way that THE WINE ARCHIVE can execute the contract. A difference of 10% in more or less quantity or a difference in colour shades cannot be regarded as a shortcoming on the part of THE WINE ARCHIVE, as it generally concerns natural products and handmade carpets.
2.C. Goods travel at the risk of the Customer.
3. COMPLAINTS AND RETURNS
3.A. Complaints (except hidden defects) are only valid if they are made in writing and by registered mail within 10 days after receipt of the goods and under the strict condtition that the goods have not been manipulated. Postal date applies. THE WINE ARCHIVE reserves the right to replace the defective goods, as a result of which all further claims of the Customer shall become void (both in the case of hidden and visible defects).
3.B. Returns can only be made with the written consent of THE WINE ARCHIVE and do not constitute an admittance on the part of THE WINE ARCHIVE. Returns must be made in original packaging, free of freight and costs.
3.C. THE WINE ARCHIVE’s liability can never exceed the invoiced value, excluding VAT.
3.D. THE WINE ARCHIVE is only responsible for hidden defects if she was aware of them. This knowledge is not suspected, the Customer must prove it. This responsibility is in any case limited to a period of 6 months after delivery. Defects expressed after delivery are presumed not to have existed at the time of delivery and/or to be the result of incorrect manipulation by the Customer until proof to the contrary (to be provided by the Customer).
4. PAYMENT
4.A. Payment will be made in cash, unless otherwise stated, and at the seat of business. Devaluation loss is borne by the Buyer.
4.B. From the due date, the invoice will bear an interest of 18% per year by law and without the need for notice of default.
4.C. In case of total or partial non-payment of debt on the due date, without serious reason, the outstanding debt amount will be increased by 12% (with a minimum of 50 euro and a maximum of 1500 euro) even in case of granting of grace periods.
4.D. In the case payment terms have been given or documentary credit has been signed either in the current Sales’ Agreement or in any other Contract, all amounts due under any contract shall be due and payable at once, by Law and without requirement for notice of
default, if one payment under terms has not been respected or if one letter of exchange or other documentary credit has not been paid on the due date.
4.E. Promisory notes or accepted securities shall not constitute a waiver of these conditions, nor a renewal of debt.
4.F. Unless otherwise proven by the Customer, date of invoice shall be considered date of delivery.
5. SUSPENSION AND TERMINATION OF THE CONTRACT
5.A. If the Customer fails to fulfil his/her obligations under this or any other contract (including payment), THE WINE ARCHIVE may, by law and without the need for any notice of default with regard to any contract, either suspend her obligations or consider the contracts as dissolved, without prejudice to THE WINE ARCHIVE’s right to compensation. Hereto it suffices that THE WINE ARCHIVE expresses her explicit wish (for example by letter or by email).
5.B. In the event of suspension/dissolution of the agreement caused by the Customer, the parties agree that the compensation shall be fixed at 50% of the Contract value.
6. WARRANTS
Warrants can always be requested in case the Customer does not fulfil his/her commitments. If the Customer is unable to deliver them, THE WINE ARCHIVE has the right to suspend her obligations or to dissolve the contract, by law and without need for a notice of default.
7. RETENTION OF TITLE
As long as the Customer has not paid in full for the goods invoiced and/or delivered by THE WINE ARCHIVE, the goods shall remain the sole property of THE WINE ARCHIVE. This retention of title extends to all THE WINE ARCHIVE goods that are still present and not paid for. This retention of title shall continue to exist when the goods have been processed, incorporated, resold or delivered by the Customer, in which case THE WINE ARCHIVE shall have a direct claim on the customers of her Customer.
However, the risk shall pass to the Customer immediately upon dispatch from the manufacturing premises, unless sales’ conditions stipulate other Incoterms, which shall then become applicable.
Present conditions apply to all our contracts and always prevail over the conditions of the Customer. Only Belgian law applies to all contracts, with the exceptions set out below. THE WINE ARCHIVE has the right – at her discretion – to bring all disputes under the jurisdiction of either the courts of Ghent or those that have jurisdiction over the registered office of the Customer. THE WINE ARCHIVE also has the right to submit any litigation to an arbitration court, consisting of three Arbitrators, one to be appointed by each party, the third to be appointed by the President of a Tribunal of Commerce of her choice. THE WINE ARCHIVE reserves the right to invoke the national Law of the place of residence, branch or office of the Client. In that case, it will be the Law applicable to the dispute. In the event of a dispute regarding the interpretation of the various texts, the Dutch text shall always prevail.