GENERAL TERMS AND CONDITIONS OF DIGITAL WINE COMPANY BVBA FOR DISTANCE SELLING
ARTICLE 1: IDENTIFICATION OF THE SELLER

Digital Wine Company (further abbreviated as ‘DWC’) has as its object the purchase, sale, import, export, retail sale of wines, alcoholic and non-alcoholic beverages, as well as all related goods, supplies and gift items. DWC, with registered office located at 8530 Harelbeke, Ommegangstraat 2, and with VAT number BE0676.649.432, offers its wines and other aforementioned beverages via the Internet (e-commerce) under the name ‘Bottleadvice.com’. DWC’s contact details are: tel: + 32 56 71 36 60 / e-mail: [email protected]

ARTICLE 2: GENERALITIES
Digital Wine Company / Bottleadvice only accepts orders placed by an adult under Belgian law. The buyer declares himself and is responsible for his majority.
These general terms and conditions apply to distance selling (via www.bottleadvice.com) and apply to any order placed online through this website. The placing of an order by the Customer through this web store of Bottleadvice.com implies that the Customer has consulted and read these general conditions and expressly accepts their applicability, to the exclusion of all other conditions. Additional terms and conditions of Customer are excluded, except when previously, in writing and expressly accepted by DWC.

DWC operates in Belgium and abroad. The agreement can be concluded in Dutch, French or English. Further data exchange will also be done in one of these languages. The Customer will not be able to rely on the fact that he does not have a sufficient command of the chosen language to invoke the inapplicability of one or more terms and conditions.
The provisions contained in these general terms and conditions apply to purchases made by “consumers,” as well as to purchases made within a trade, business, craft or professional activity, and for purchases made by legal entities.

ARTICLE 3: ESTABLISHMENT OF DISTANCE SALES – ONLINE PURCHASES
The website www.bottleadvice.com allows the Customer to order items. To order an item online, the Customer must add it to his shopping cart. The Customer then fills in his customer details and chooses the method of payment (via credit card (Visa/Mastercard) or via Bancontact/Mister Cash). Finally, to complete the order, the Customer should select the button labeled “Pay” and effectively make the payment. The catalog of items and their description on the website does not in itself constitute an offer. Consequently, it is not enough to place an order on the website to make a sale. Only upon receiving the confirmation email sent by DWC is the sale closed.
DWC reserves the right, for the safety and security of the Customer, to request additional information and, failing this, to refuse to execute the order. Also, orders that would show that the Customer intends to resell the goods himself, orders by minors or incomplete orders may be refused by DWC. The same also applies if an obvious mistake was made in the description of the good or the price indication on the website.

ARTICLE 4: DELIVERY – DELIVERY PERIOD
After payment by the Customer into DWC’s account, the wines and/or other beverages will be delivered within 14 days to the domiciliary address (in case the Customer is a consumer) and to the business address/head office (in case the Customer is a sole proprietor or company). Delivery is made by DWC’s own logistics services or either through a logistics partner. Delivery dates specified by DWC are directional only and are not enforceable.
For the safety and security of the Customer, proof of identity (or a copy) may be requested upon delivery. The Customer or a third party designated by the Customer must sign for receipt of delivery.
If an item is ordered that is temporarily out of stock, it will be indicated when the item is available again. Where applicable, DWC shall not be liable for any consequential damages due to late delivery or non-delivery by the appointed logistics partner. In such cases, liability shall be limited to the value of the goods proven by the Customer not to have been received by him.
Any complaint regarding visible damage and/or qualitative deficiency of an item or other shortcoming in the delivery, as well as any complaint regarding an incorrect or incomplete delivery, must, in order to be taken into account, be reported within 5 days of delivery by e-mail at the e-mail address ‘[email protected]’.

ARTICLE 5: TRANSFER OF OWNERSHIP
Notwithstanding Art. 1583 of the Civil Code, goods sold shall remain the exclusive property of DWC until Customer has made payment into DWC’s account. Notwithstanding this retention of title, the risk for loss or damage shall pass to the Customer as of the taking possession of the goods by the Customer or by a third party designated by the Customer.

ARTICLE 6: OFFER
Despite the fact that the website (including the online catalog of items) is compiled by DWC with the utmost care, it is still possible that the information made available is incomplete, contains material errors or is not up-to-date. DWC is only bound by an obligation of means as to the accuracy, correctness and completeness of the information provided and cannot be held liable under any circumstances in the event of incompleteness, material errors, failure to update the information or for misprints or typographical errors.
DWC’s offer is always valid while supplies last and may be modified or withdrawn by DWC at any time. Where applicable, DWC cannot be held liable for the unavailability of an item.

ARTICLE 7: PRICE – PAYMENT
7.1. All prices stated on the website are expressed in EURO, always including VAT and all other mandatory taxes or duties to be borne by the Customer. Delivery costs are not included in this price, they will be charged separately. The prices indicated are subject to change at any time. If an order is placed by the Customer, the price applicable to this distance sale shall be that applicable at the time of the order.
7.2. This website integrates Ingenico’s secure payment module. DWC entrusts the handling of online payments to Ingenico. Ingenico’s online payment application allows any Customer to pay immediately by credit card (Visa/Mastercard) or by Bancontact/Mister Cash.
7.3 “Remember that the transaction amount will be charged directly to your credit card at the time of the transaction.”

ARTICLE 8: WARRANTY
In case of quality problems with the wine, you should contact us at [email protected]. In doing so, we will give you an answer within the week. If applicable, the Customer must return the opened bottle with the cork on it and the wine in it to DWC. This service is only valid for a maximum of 1 year after the purchase of the bottle. Under no circumstances will the bottle be refunded by DWC.
In order to invoke the aforementioned warranty, the customer must be able to present proof of purchase. The Customer is advised to keep the original packaging of the goods.

ARTICLE 9: INTELLECTUAL PROPERTY
DWC remains at all times the exclusive holder of all intellectual property rights it holds in the goods it supplies.

ARTICLE 10: RIGHT OF WITHDRAWAL
10.1. This provision applies only to distance sales to consumers. Thus, this provision does not apply to purchases made within a trade, business, craft or professional activity, nor to purchases made by legal entities, nor to purchases made in a store.
10.2. The agreement between the parties can be revoked without giving reasons within 14 days from delivery. This period starts on the day after the goods are received by or on behalf of the Customer. Before the expiration of the withdrawal period, the consumer shall notify DWC of his decision to withdraw from the contract. The Customer may exercise his right of withdrawal by within this period 1) use the model withdrawal form (as made available on DWC’s website), 2) make another unequivocal statement declaring his withdrawal from the contract. As noted above, DWC offers consumers the option to electronically complete and submit the model withdrawal form or other unambiguous statement on its website. In this case, DWC shall communicate to the consumer the confirmation of receipt of the withdrawal on a durable medium without delay. The burden of proof regarding the exercise of the right of withdrawal lies with the consumer.
10.3. During the withdrawal period, the consumer will treat the delivered goods and their packaging with care. The consumer shall only unpack or use the goods to the extent necessary to assess whether he wishes to keep the goods. If the goods are no longer in the original and undamaged condition, the consumer cannot invoke his right of withdrawal. If the packaging is part of the good (e.g. a wine box or special box), it must also be in its original and undamaged condition. The consumer is liable for the depreciation of the goods resulting from the use of the goods beyond what is necessary to establish the nature and characteristics of the good.
10.4. Without delay and in any case within 14 days from the day on which the consumer communicates his decision to withdraw from the contract to DWC, the consumer shall return or hand over the goods to DWC. The consumer hereby bears only the direct costs of returning the goods.
DWC will reimburse all payments received from the consumer, including, if applicable, delivery costs, without delay and in any case within 14 days from the day DWC is informed of the consumer’s decision to withdraw from the contract.
DWC shall make the refund using the same means of payment used by the consumer during the original transaction, unless the consumer has expressly agreed to a different means of payment and provided that the consumer shall not incur any costs as a result of such refund. DWC will not be required to refund additional charges if the consumer has expressly chosen a mode of delivery other than the least expensive standard delivery offered by DWC. Except where DWC has offered to pick up the goods itself, in the case of sales contracts, DWC may wait to make a refund until it has received all the goods back, or until the consumer has proved that he has returned the goods, whichever comes first.

ARTICLE 11: CUSTOMER SERVICE – CONTACT
DWC’s customer service can be reached by email ‘[email protected]’ or by mail at the following address: Ommegangstraat 2, 8530 Harelbeke. Any complaints can be directed to it (see also Article 4, paragraph 4).

ARTICLE 12: PARTIAL INVALIDITY – NON-WAIVER
If any provision of these terms and conditions is declared invalid, unenforceable or void, this shall in no way affect the validity, enforceability and applicability of the other provisions. Failure at any time by DWC to enforce any of the rights enumerated in these terms and conditions, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.

ARTICLE 13: MODIFICATION OF TERMS AND CONDITIONS
DWC may change current terms and conditions at any time without further notice. Any purchase after the change, constitutes an acceptance by the Customer of these new terms and conditions.

ARTICLE 14: EVIDENCE
Parties accept electronic evidence (email & backups).

ARTICLE 15: APPLICABLE LAW – COMPETENT COURT
Belgian law applies. In the event of any disputes, the courts of Kortrijk shall have exclusive jurisdiction.