General Conditions
1. LANGUAGE
These General Terms and Conditions are available in English upon simple request.
2. DEFINITIONS
2.1 “Vinetiq”: the public limited company “Vinetiq,” with its registered office at B-2870 Liezele, Achterheide 21, registered in the Antwerp Register of Legal Entities under number 0685.748.725 and identified by the VAT administration under number BE 0685.748.725.
2.2 “General Terms and Conditions”: the present general terms and conditions of sale and delivery.
2.3 “Buyer” or “Customer”: any natural or legal person who purchases one or more products or services through this Website, places an order, or requests a quotation.
2.4 “Consumer”: any Buyer who purchases one or more products or services through the Website, places an order, or requests a quotation.
2.5 “Website”: www.valkevleug.be
3. APPLICABILITY
3.1 The legal relationship between the Buyer and Vinetiq and all related matters are exclusively subject to the following standards: (in descending order of hierarchy, where the following applies in the absence or silence of the previous) (1) the written and signed special agreement; (2) the electronic Order Confirmation; (3) these General Terms and Conditions; (4) Articles 4-39 and 41-88 of the United Nations Convention on Contracts for the International Sale of Goods (CISG); (5) Belgian law. Vinetiq rejects all other standards and terms, with the sole exception of terms expressly agreed upon in writing between Vinetiq and the Buyer. Such expressly accepted written deviations are valid only for the agreement to which they pertain and cannot be invoked for any other, even similar, agreements. The Buyer accepts that these General Terms and Conditions are exclusively applicable, to the exclusion of their own general or specific (purchase) terms and conditions, even if these stipulate they are the only terms applicable.
By using the Website, filling the digital shopping cart on Vinetiq’s Website, placing an order, and/or entering into any agreement via the Website, the Buyer acknowledges having read and agreeing to these General Terms and Conditions and all other rights and obligations as stated on the Website. In such cases, the Buyer is thus bound by these General Terms and Conditions and the aforementioned rights and obligations.
3.2 These General Terms and Conditions do not affect the statutory rights granted to the Buyer under applicable national consumer protection laws, including the legal guarantee of conformity of goods.
3.3 The possible invalidity of any provision of these General Terms and Conditions or part of a provision does not affect the applicability of the other provisions and/or the remainder of the provision. In the event of invalidity of any provision, Vinetiq and the Buyer will negotiate to replace the invalid provision with an equivalent provision that reflects the general spirit of these General Terms and Conditions.
3.4 If Vinetiq chooses not to enforce or apply one or more of the rights listed in these General Terms and Conditions, whether once or repeatedly, this will merely be regarded as tolerating a certain situation and does not constitute a waiver of rights. Such omission can never be considered as a waiver of those provision(s) and will not affect the validity of these rights.
3.5 Vinetiq reserves the right to amend these General Terms and Conditions at any time. It is the Buyer’s responsibility to regularly review these General Terms and Conditions.
4. OFFER, ORDER – ESTABLISHMENT OF ONLINE PURCHASE
4.1 Any offer presented on the Website, in catalogs, newsletters, notes, emails, brochures, or other promotional announcements is for informational purposes only. Vinetiq reserves the right to modify or withdraw offers on the Website at any time. In all cases, offers are valid only while stocks last. Vinetiq is not bound by obvious errors and/or mistakes in the offer. Although catalogs, the Website, and other promotional announcements are compiled with the utmost care, it is still possible that the information provided may be incomplete, contain errors, or be out of date. Vinetiq is only committed to a best-efforts obligation regarding the accuracy, updating, or completeness of the provided information. Vinetiq can in no way be held liable for material errors, typesetting, or printing errors.
4.2 Vinetiq’s quotes are entirely non-binding and should only be considered as an invitation to purchase or place an order by the Buyer, unless explicitly stated otherwise. A quote is only valid for the specific task to which it relates and does not automatically apply to future similar tasks.
4.3 The agreement between Vinetiq and the Buyer is only concluded after the Buyer has placed an order on the Website, and Vinetiq confirms this order by email (hereinafter referred to as the “Order Confirmation”).
In the Order Confirmation, the Buyer will receive a summary of the order and a link to the General Terms and Conditions.
Vinetiq always reserves the right to refuse orders without specifying a reason.
4.4 Cancellation of an order before it has been shipped is always possible and free of charge. Cancellation of an order after it has been shipped must be done in accordance with the revocation procedure provided in Article 5 of these General Terms and Conditions.
If the Buyer wishes to cancel an order, they should immediately contact customer service by phone: +32 3 296 89 69 or email: cheers@vinetiq.eu.
4.5 The Buyer may exchange purchased products for other products or a credit note within 14 calendar days from the date of receipt, with or without paying a surplus, depending on the price of the products exchanged for the purchased products. If the Buyer wishes to exchange their purchased products, they must inform Vinetiq (2870, Liezele, Achterheide 21, Belgium) by post or email. If Vinetiq agrees to the exchange, it will contact the Buyer to arrange the exchange logistics at Vinetiq's expense. Vinetiq will also inform the Buyer in the case of refusal of an exchange request. Products purchased by the Buyer can only be exchanged if they have not been used and are in the same condition as at the time of delivery. Additionally, products must be returned in their original packaging, including all accessories delivered with the product.
5. RIGHT OF WITHDRAWAL
5.1 Only non-professional Consumers have the right of withdrawal, as described below in this article, concerning products purchased via the webshop. Under Book VI on Market Practices & Consumer Protection of the Belgian Economic Law Code, the Consumer has the right to withdraw from the contract within 14 calendar days without providing any reason. The withdrawal period expires 14 calendar days after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, physically receives the product.
5.2 To exercise the right of withdrawal, the Consumer must notify Vinetiq of their decision to withdraw from the contract via an unambiguous statement by post or email. To comply with the withdrawal period, it is sufficient for the Consumer to send their notice regarding the exercise of the right of withdrawal before the withdrawal period has expired.
5.3 If the Consumer withdraws from the contract, they will receive a refund from Vinetiq for all payments made at that time, including delivery costs (excluding any additional costs resulting from the Consumer’s choice of a different delivery method than the cheapest standard delivery offered by Vinetiq) without delay, and in any case no later than 14 calendar days from the date Vinetiq was informed of the Consumer’s decision to withdraw from the contract, in accordance with Article 13.2 of these General Terms and Conditions. Vinetiq will refund the Consumer using the same payment method used for the original transaction, unless the Consumer has explicitly agreed otherwise. In any case, no fees will be charged for such refunds. Vinetiq may withhold reimbursement until it has received the products back, or the Consumer has provided evidence that they have returned the products, whichever occurs first. Vinetiq will always refund delivery costs pro-rata. (For example: if the Consumer purchases 2 products and returns 1 upon withdrawal, Vinetiq is only obliged to refund 50% of the delivery costs). However, if Vinetiq applies a flat-rate delivery charge, Vinetiq will not be obligated to refund any delivery costs in the case of a partial withdrawal.
5.4 The Consumer must promptly, and in any event no later than 14 calendar days from the day on which they communicated their decision to withdraw from the contract to Vinetiq, return the products to Vinetiq or allow Vinetiq to collect the products. Vinetiq will arrange the collection using its own transport option and will coordinate with the customer regarding date and time. The direct costs of returning the products will be borne by Vinetiq unless agreed otherwise. The returned product must not have been used and should be in the same condition as when delivered. Additionally, the product must be returned in the original packaging in which it was shipped, whether opened or not, and include all accessories delivered with the product, ensuring that Vinetiq can resell the product to a third party after withdrawal. The Consumer is only liable for any diminished value of the products resulting from use beyond what is necessary to establish the nature, characteristics, and functioning of the products.
5.5 The right of withdrawal does not apply to:
• Products manufactured according to the Consumer’s specifications or clearly intended for a specific person;
• Products that may spoil or age quickly or have a limited shelf life (such as yeasts, enzymes, etc.);
• Sealed products that – for reasons of health protection or hygiene – are unsuitable for return once opened (e.g., additives, etc.);
• Alcoholic beverages for which the price was agreed upon at the time of the contract but whose delivery can only occur after 30 days, and whose actual value depends on market fluctuations beyond Vinetiq’s control.
5.6 Under no circumstances does a professional Buyer have the right of withdrawal.
6. PRICE AND COSTS
6.1 The stated price applies exclusively to the products as they are described. Materials, accessories, or attachments not specified in the product information are not included. Any accompanying images are purely decorative and may contain elements not included in the stated price.
6.2 All prices are expressed in Euros and include VAT, any applicable import/export duties, and reservation and/or administration fees, but exclude any delivery or shipping costs.
Shipping costs are not included and vary depending on the chosen shipping method, the weight of the products, the delivery address, etc. During the online ordering process, the exact shipping costs will be clearly indicated.
The chosen shipping method and the final shipping costs are also listed on the Order Confirmation that the Buyer receives upon completion of the contract.
Additional costs related to the Buyer’s chosen payment method may be charged by Vinetiq.
6.3 Vinetiq reserves the right to change prices listed on the Website at any time. However, products will be billed based on the rates in effect at the time the order was accepted. Obvious errors, manipulations, or mistakes (such as evident inaccuracies) can be corrected by Vinetiq, even after the conclusion of the contract.
6.4 Currency fluctuations, increases in material and raw material prices, wages, salaries, social charges, government-imposed fees, (environmental) levies and taxes, transportation costs, import/export duties, or insurance premiums (this list is merely illustrative) that occur between the time the order is placed and the delivery of the products may result in a price increase. If the price increases, the Buyer has the right to terminate the contract within 48 hours without incurring any costs. Such termination cannot result in any compensation payment by Vinetiq.
7. DELIVERY OF PURCHASED PRODUCTS
7.1 Unless otherwise agreed, deliveries are made under the Incoterm® "Delivered At Place" (DAP) (Incoterms® 2010) to the delivery address specified by the Buyer, or at Vinetiq’s designated pick-up location, at the Buyer’s choice. The transfer of risk for damage, destruction, and loss of the products therefore passes to the Buyer at the time of effective delivery. At this moment, Vinetiq is also released from its delivery obligation.
7.2 Each order includes one delivery address. Additional delivery addresses can be provided but will be charged per extra delivery address.
7.3 Any delivery not explicitly provided for in the Buyer’s order and/or Vinetiq’s Order Confirmation is considered an additional delivery at the Buyer’s request and will be charged accordingly.
7.4 Except for agreements with a Consumer, Vinetiq reserves the right to split deliveries or impose other delivery terms.
7.5 Except in the case of cash on delivery and payment by bank transfer upon receipt of the invoice, an order will only be shipped once payment has been received by Vinetiq. Vinetiq aims to deliver orders within 3 to 5 working days. Orders may be picked up at pick-up points on the same day, provided that the products are in stock. Orders placed before 3 p.m. may be picked up the same day by the Buyer, provided it is an opening day for Vinetiq; orders placed after 3 p.m. can be picked up the next day, provided that it is a Vinetiq opening day. Collection within the mentioned timeframe is also subject to the availability of the ordered products. The Buyer must indicate the preferred delivery method during the online ordering process.
7.6 The delivery time, including that on quotations, orders, and Order Confirmations, is always indicative and is not an essential component of Vinetiq’s obligations towards the Buyer. Exceeding the stated delivery time can never result in compensation or the termination of the purchase between Vinetiq and the Buyer, except that Vinetiq commits to delivering – excluding presales – within 30 days after payment. Vinetiq can never be held liable for delays caused by the Buyer or third parties.
Changes to the order will automatically nullify the estimated delivery times.
7.7 If the Buyer is absent at the specified delivery address during delivery, the transport service will leave a notification prompting contact between Vinetiq and the Buyer. After contacting the Buyer, a second delivery attempt will be made. If the Buyer does not respond within five (5) working days after the first delivery attempt or is absent during the second attempt, the products will be returned to Vinetiq’s registered office. The costs of the return, as well as any associated costs (such as, but not limited to, taxes, VAT, storage fees, etc.) will be borne by the Buyer. In such cases, the contract between Vinetiq and the Buyer will be considered terminated. Any amount previously paid by the Buyer will be refunded by Vinetiq, less the return costs and any related expenses.
8. INVOICING AND PAYMENT
8.1 First orders must, in principle, always be prepaid by the Buyer.
When placing an order on the webshop, the Buyer can choose from several payment options:
• Credit card (VISA/MASTERCARD)
• Maestro
• Bancontact/Mister Cash
• PayPal
• Bank transfer after receiving the invoice
If this payment method is chosen, the following articles (8.2 through 8.8) apply.
8.2 All invoices are payable on demand at Vinetiq’s registered office.
8.3 Complaints about invoices must be submitted to Vinetiq within 3 working days from the invoice date; otherwise, they will be considered inadmissible. These complaints do not release the Buyer from their payment obligation.
8.4 In the event of non-payment or incomplete payment by the due date of any invoice:
• An annual interest rate of 10% applies automatically and without prior notice, compounded annually.
• The Buyer is automatically and without prior notice liable for a fixed indemnity of 10% of the invoice amount, with a minimum of twenty-five euros (€25.00) per invoice.
• The Customer is also automatically and without prior notice liable for all judicial and extrajudicial collection costs.
• All other invoices from Vinetiq to the Buyer become immediately due and payable, even if they have not yet matured.
• Vinetiq reserves the right to reclaim the delivered products from the Customer, suspend and/or terminate the execution of the relevant or any other agreements/orders with the Buyer, without prior notice or judicial intervention.
• Points (4) and (5) also apply in cases of (imminent) bankruptcy, judicial or conventional dissolution, application of the Belgian law dated January 31, 2009, on business continuity, payment arrears, or any other circumstances that reasonably cause Vinetiq to lose confidence in the Buyer’s creditworthiness.
8.5 Acceptance of partial payment is made with all reservations and will be allocated in the following order: (1) collection costs, (2) indemnity; (3) interest; (4) principal amounts.
8.6 The mention of the outgoing invoice in Vinetiq's outgoing invoice book serves as proof of the dispatch and receipt of the relevant invoice.
8.7 By ordering a product, the Buyer expressly agrees to electronic invoicing by Vinetiq, unless otherwise agreed in writing by the parties.
8.8 Filing a complaint does not release the Buyer from their payment obligation.
9. RETENTION OF OWNERSHIP
9.1 Products delivered remain the exclusive property of Vinetiq until the Buyer has paid the principal amount, interest, and costs in full. Until then, the Buyer may not sell, pledge, or otherwise dispose of the purchased products. If the Buyer resells the products before the above amounts are fully and correctly paid, this right is transferred to the resulting sale price. However, the risk of loss or damage transfers to the Buyer upon delivery. The Buyer agrees to notify third parties of Vinetiq's retention of ownership, if necessary (for example, anyone attempting to seize the unpaid items).
9.2 In the event of non-payment or incomplete payment on the due date of any invoice, Vinetiq is entitled, by law and without prior notice, to reclaim the delivered products from the Buyer. If Vinetiq receives the products back in good condition (including proper refrigeration and storage), amounts already paid by the Buyer will be refunded, less: (1) lost profit, calculated as 15% of the total invoice amount, and (2) a fixed indemnity of 5% on the total invoice amount for extra administrative and management costs. This is without prejudice to Vinetiq's right to prove higher damages.
10. ACCEPTANCE, WARRANTY, AND COMPLAINTS
10.1 Under the law of September 21, 2004, regarding consumer protection in the sale of consumer goods, the consumer has a statutory warranty of two years. This warranty is valid from the date of purchase (or delivery) to the first owner.
10.2 Upon receipt of the purchased products, the Buyer must perform an initial inspection. This includes, among other things (exemplative): quantity, conformity of delivery, visible defects, correct location(s), etc. The Buyer must report immediately verifiable discrepancies in writing (by mail or via cheers@vinetiq.eu) within 48 hours of delivery, under penalty of forfeiture, referencing the correct delivery note and/or Order Confirmation number.
10.3 Use, processing, repackaging, and/or resale of products delivered by Vinetiq will be considered product inspection and acceptance, marking the definitive delivery of these products and releasing Vinetiq from its responsibilities and liabilities in line with Article 11 of the Terms and Conditions.
10.4 Complaints about hidden defects in the delivered products must be reported to Vinetiq in writing (by mail or email) within 48 hours after discovering the defect, under penalty of inadmissibility, with reference to the correct delivery note and/or Order Confirmation number. Such complaints can be submitted within the statutory warranty period, provided Vinetiq is not responsible for any quality loss due to product characteristics (including, but not limited to, natural aging). Vinetiq commits to accepting properly submitted complaints within 14 calendar days of delivery. Complaints regarding cork taint will always be accepted by Vinetiq. In no event will Vinetiq be liable for quality loss or damage resulting from misuse or improper handling by the Buyer.
10.5 For complaints correctly and timely submitted, Vinetiq will, at its discretion: (1) replace the defective products, provided identical products are in stock. If the defective product is no longer in stock, Vinetiq may choose to supply the Buyer with an equivalent (e.g., a wine from a more recent vintage); or (2) take back the defective product and issue a credit to the Buyer.
The Buyer acknowledges that each of these measures constitutes a full and adequate compensation for any potential damages due to defects and accepts that executing these measures cannot be considered an acceptance of liability by Vinetiq.
10.6 The Buyer may not return products to Vinetiq under Article 10 without prior written consent from Vinetiq. Vinetiq reserves the right to inspect the defects on-site with the Buyer to determine the cause. Vinetiq will contact the Buyer to organize the practical aspects of any accepted returns, with Vinetiq bearing the associated costs.
10.7 Product replacement does not entitle the Buyer to any compensation or to dissolve the agreement between Vinetiq and the Buyer.
10.8 Complaints and/or possible (partial) product replacement do not release the Buyer from their payment obligation within the deadlines stipulated in the written agreement, Order Confirmation from Vinetiq, these Terms and Conditions, and/or the relevant invoice.
10.9 The Buyer is liable for costs arising from unjustified complaints.
11. LIABILITY
11.1 Except for the warranty provided by Vinetiq as stipulated in Article 10 of these Terms and Conditions, Vinetiq's liability towards the Buyer is limited to the liability that is mandatorily imposed by law and, in any case, capped at the lower of the following two amounts: (1) the respective invoice amount (excluding VAT); or (2) the amount Vinetiq receives from its insurer within the framework of the respective liability case covered by its liability insurance policy.
11.2 Vinetiq is not liable for: (1) indirect damage (including, but not limited to, lost profits or damage to third parties), (2) defects directly or indirectly caused by acts of the Buyer or a third party, regardless of whether this results from an error or negligence, (3) damage resulting from incorrect or inappropriate use of the purchased products, or unintended and/or undesired interactions due to simultaneous use of the product with other products, and (4) damage due to non-compliance by the Buyer, their employees, agents, or end-users with legal and/or other obligations.
11.3 The Buyer acknowledges that Vinetiq does not guarantee that the products comply with regulations or requirements applicable in any jurisdiction other than Belgium, as they apply at the time of delivery to the Buyer. Vinetiq cannot be held liable for subsequent legal changes of any kind.
11.4 The Buyer is solely responsible for the resale of the purchased products and guarantees compliance with all (legal and other) obligations related to this resale.
12. INDEMNIFICATION
12.1 The Buyer shall fully indemnify and defend Vinetiq against all claims and legal actions, including those of third parties, arising from or resulting from any act or omission by the Buyer that contravenes the written agreement between Vinetiq and the Buyer, the Order Confirmation issued by Vinetiq, these Terms and Conditions, and/or other (legal) obligations of the Buyer.
12.2 The Buyer shall reimburse Vinetiq for all damages, including legal and other costs, incurred in its defense regarding claims and/or legal actions mentioned in Article 12.1 of these Terms and Conditions.
13. PROMOTIONS
13.1 Promotional benefits offered by Vinetiq, in any form (such as, but not limited to, price reductions, discount coupons, free shipping, etc.), must always be used in accordance with the guidelines expressly provided. In any case, these apply to only one (1) order, are non-cumulative, and are personal.
13.2 If the Consumer exercises the right of withdrawal for products that were part of a promotional action, Vinetiq reserves the right to recalculate the price of the products that were not subject to the withdrawal. For example: if a promotional action entails that purchasing product A allows product B to be obtained at half price, and the Buyer withdraws from purchasing product A, the promotional conditions are no longer met, and the full price of product B must be paid. In this case, Vinetiq will refund the amount in accordance with Article 5 of these Terms and Conditions, deducting the additional amount still payable for product B.
14. FORCE MAJEURE AND HARDSHIP
14.1 Vinetiq is not liable for any failure to fulfill its obligations if such failure is caused by force majeure or hardship.
14.2 In the event of force majeure or hardship, Vinetiq may, at its sole discretion and without prior notice or legal intervention, and without any right of recourse against Vinetiq: (1) propose to the Buyer to replace the missing products with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) dissolve the agreement between Vinetiq and the Buyer extrajudicially; and/or (4) invite the Buyer to renegotiate the agreement between Vinetiq and the Buyer.
If the Buyer does not participate in these renegotiations in good faith, Vinetiq may, in accordance with Article 19 of these Terms and Conditions, request the court to establish new contractual terms and/or order the Buyer to pay damages.
14.3 Force majeure and hardship include (non-exhaustive list): unavailability and/or scarcity of certain materials, raw material shortages, currency fluctuations, increases in material prices, auxiliary material and raw material costs, wages, salaries, social charges, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums; ice conditions, unusual weather conditions, strikes, mobilization, war, illness, accidents, communication and IT disruptions, government measures, export bans, supply delays, transport and/or travel impediments, including lack or withdrawal of transport options, export or import restrictions, breakdowns, traffic jams, etc.
15. NETTING
15.1 In accordance with the Financial Collateral Act dated December 15, 2004, Vinetiq and the Buyer automatically and by operation of law set off and balance all existing and future claims against each other. This means that, in the ongoing relationship between Vinetiq and the Buyer, only the largest outstanding balance remains after the automatic set-off.
15.2 This set-off shall be enforceable against the trustee and other joint creditors, who will not be able to oppose the set-off carried out by the Buyer and Vinetiq.
16. SUSPENSION AND TERMINATION
16.1 In the event of any change in the Customer's status, such as death, conversion, merger, acquisition, transfer, liquidation, suspension of payment, collective or amicable settlement, request for deferment of payment, cessation of activity, seizure, or any other circumstance that could damage confidence in the Buyer's creditworthiness, Vinetiq reserves the right, by virtue of this fact alone, to either suspend the execution of one or more agreements with the Buyer until the Buyer provides adequate payment security; or to declare one or more agreements with the Buyer terminated as of the date of dispatch of the termination notice, without prior notice of default and without judicial intervention, without prejudice to Vinetiq's right to claim additional damages.
16.2 If the agreement between Vinetiq and the Buyer is terminated, whether or not under the right of termination described in Article 16.1 of these Terms and Conditions, the Buyer loses the right to require Vinetiq to fulfill its obligations regarding the terminated agreement.
17. INTELLECTUAL PROPERTY
Vinetiq retains exclusive ownership of all intellectual property rights it holds on the products it supplies. Vinetiq guarantees that it has the necessary licenses to offer its product range.
18. PERSONAL DATA AND MEDIA
18.1 The Buyer grants Vinetiq permission to include the personal data provided by the Buyer in an automated data file. This data will be used for information or promotional campaigns related to the products offered by Vinetiq. The Buyer also authorizes Vinetiq to share this data with third parties for order processing.
18.2 The Buyer may request access to and correction of their data at any time. If the Buyer no longer wishes to receive commercial information from Vinetiq, they must notify Vinetiq by email: cheers@vinetiq.eu.
18.3 The Customer grants Vinetiq permission to use images of products delivered to the Customer for purposes such as (non-exhaustive list) general information, advertising, publication on the Website, publication in brochure(s), etc.
19. DISPUTES
19.1 Belgian law exclusively applies to agreements between Vinetiq and the Buyer, insofar as permitted by international private law.
19.2 Disputes between Vinetiq and the Buyer that are brought before the court fall under the exclusive jurisdiction of the competent courts in Vinetiq’s registered office location, unless Vinetiq chooses to bring the dispute before the court in the registered office or residence of the Buyer.
19.3 For alternative dispute resolution concerning online purchases, you may also refer to the European Union's ODR platform (Online Dispute Resolution).
20. AGE
20.1 Given the legal minimum age for purchasing alcohol is 16 years and for spirits is 18 years, it is strictly prohibited to order wine or other beverages from our selection for these age groups. Orders are collected or delivered to the home, and these transactions will only take place if we are certain that age requirements are met. If there is any doubt regarding the age of the recipient at the time of delivery or pickup, we will request an identity card. Should the buyer be unable to verify that they have indeed reached the minimum age of 16 or 18, we reserve the right to cancel the transaction.