Terms and conditions.
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Terms and conditions.
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1. Object
The following provisions establish the general conditions of sale of the products offered by the private limited liability company Brasserie Ceres Belgique, with company number 05076110995, whose registered office is located at rue du Travail 5 at 1400 Nivelles and whose contact details are as follows:
- telephone : + 32 67 33 99 17;
- email : contact @belgosapiens.be; hereinafter referred to as "the Seller".
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Their purpose is to define the terms and conditions under which the Seller offers and sells its products to its customers.
2. General
Except for express, prior and consented derogation in writing, the General Conditions are always applicable to all our offers and to all the contracts concluded between on the one hand the Seller and on the other hand, the natural or legal person, named above. after "the Customer" who calls on the Seller to supply him with any product.
The Customer acknowledges having read the General Conditions and having accepted them without reservation or restriction before placing an order by any means whatsoever.
3. General and specific conditions
These General Conditions of Sale are to be supplemented by the Special Conditions of Sale depending on whether the Customer is located:
in Belgium: Special conditions of sale applicable to sales made in Belgium;
outside Belgium: Special export sales conditions.
The Special Conditions of Sale always take precedence over the General Conditions in the event that they derogate therefrom.
4. Price
The prices are denominated in euros excluding tax. VAT, any customs duties and transport costs (including incidental costs, in particular transport insurance) are indicated separately.
5. Offer
An offer is always valid until stocks are exhausted and it may be modified or canceled at any time by the Seller.
The Seller cannot be held responsible for any stock shortage.
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6. Transfer of ownership
The items sold remain the property of the Seller until full payment of the price and its accessories by the Customer.
7. Guaranteed material
The beers are sold in the following containers: cans (500 ml), glass bottles (330 ml and 750 ml) and kegs (20l and 30 l).
None of these containers is guaranteed with the exception of the 30 liter stainless steel drum which, in the event of sale in Belgium, at the Client's free choice and at his sole expense, may be returned to the Seller, against refund of the price initially paid for this keg.
8. Rented equipment
Subject to the Seller's prior agreement, beer pumps and CO2 cylinders may be rented, subject to a deposit, to the Customer for occasional events.
In this case, the Customer undertakes to use them as a good father and to return them in good condition, including the cleaning of the barrel. Where applicable, the deposit given at the time of rental will be allocated to compensation for damage, shortages and/or delays noted.
9. Protection of minors
Pursuant to the law on various health provisions of December 10, 2009, it is prohibited to sell, serve or offer any drink with an acquired alcoholic strength greater than 0.5% that is not considered a drink. spirit drink within the meaning of the law of 7 January 1998 concerning the structure and rates of excise duty on alcohol and alcoholic beverages to persons under 16 years of age.
The Customer ordering beer from the Seller agrees to be sixteen years old on the date of the order.
The Seller recalls that alcohol abuse is dangerous for health.
10. Jurisdiction
All disputes arising between the Seller and the Customer fall within the jurisdiction of the courts in the district or in the canton of which the Seller's head office is located.
11. Applicable law
The law applicable to the agreements between the Seller and the Customer is Belgian law.
12. Nullity of a clause
The nullity of a clause of the General or Special Conditions of Sale does not affect the validity of the other clauses.
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Special conditions of sale applicable to sales made in Belgium
1. Sale to consumers
1.1. Definition
"The Consumer" must be understood within the meaning of Article I.1. of the Code of Economic Law, namely the Customer, a natural person, who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
1.2. General
The Consumer acknowledges having read the Special Conditions and having accepted them before placing an order by any means whatsoever.
1.3. Location of the sale
All sales are always concluded at the Seller's premises.
No sale will take place remotely or outside the Seller's establishment.
1.4. Time of execution of the sale
All sales are executed as soon as the order is placed, except for exceptions expressly agreed, beforehand and in writing.
In the event of insufficient stock, the Consumer may come to the Seller's premises at a later date in order to conclude an additional sale.
1.5. Payment
All payments are made in cash at the Seller's headquarters.
1.6. Transfer of risk
The risk is transferred to the Consumer takes place as soon as he physically takes possession of the goods at the Seller's premises.
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2. Sale to professionals
2.1. Definition
"The Professional" is the Client who does not have the status of Consumer.
2.2. General
The Professional acknowledges having read the Special Conditions and having accepted them before placing an order by any means whatsoever.
These General and Special Conditions shall be the only ones applicable, even if the Professional's own general conditions are contrary to these.
2.3. Ordered
The order will only be implemented from the sending of a confirmation thereof in good and due form left without dispute for 48 hours.
2.4. Payment
Unless otherwise stipulated, payment takes place at the latest on the due date indicated on the invoice by bank transfer to the account number and with the communication also indicated on the invoice.
2.5. Late payment
Any invoice that remains unpaid on its due date shall automatically bear interest, without prior formal notice, at the rate applicable under the law of 2 August 2002 concerning the fight against late payment in commercial transactions, in addition to a conventional penalty clause of 10% with a minimum of fifty euros per invoice.
The Seller can always refuse to take orders or suspend deliveries in the event that the Professional is in default of payment of one or more invoice(s).
2.6. Contestation
To be admissible, any dispute by the Professional must be formulated in writing and in detail, by registered letter by post, within 3 days of receipt of the goods. Whatever its nature, the dispute does not suspend the enforceability of payment.
2.7. Transfer of risk
In the event of delivery, the goods travel free at the Professional's risk and peril, regardless of the shipping method.
In the event of removal from the Seller's premises, the transfer of risks to the Professional takes place as soon as physical possession of the goods is taken.
2.8. Complaint following a delivery
The delivery time is mentioned as an indication and does not engage the responsibility of the Seller unless otherwise stipulated.
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The Professional must check upon delivery that the package is in good condition and in the event of damage or missing product, he will specify his reservations on the delivery note and confirm them within twenty-four hours of delivery.
Any complaint not made in the rules defined above and within the time limit, cannot be taken into account and will release the Seller from any liability vis-Ã -vis the Professional.
2.9. Complaint on invoice or account statement
Any claim on invoice or statement of account relating to goods or emptying must be submitted within five days of their receipt. After this period, the Seller will consider this silence as an agreement on invoicing and all subsequent complaints will be inadmissible.
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2.10. Sale by representative
The commitments made by the representatives must be confirmed in writing by the Seller.
Representatives are not qualified to collect invoice amounts.
2.11. Volume of orders
The Customer is a professional in the sale of drinks and is therefore solely responsible for the volume of his orders. Unsold goods will not be taken back under any circumstances.
2.12. Intellectual property
Resellers will have the possibility, within the limits of the theory of exhaustion the right to the brand, the right to use it for the promotion of their sales of the products on condition that they scrupulously respect the interests of the brand, in particular by refraining from making use of a graphic representation of poor quality and refraining from presenting the brand under conditions that could harm its prestigious image (for example: liquidation offer, neighboring offer with low-end products, etc.).
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Special export sales conditions
1. Incoterms rules
Unless waived, the Incoterm applicable between the Seller and the Customer located in another country is Incoterm 2010 EXW:
the Seller has fulfilled its delivery obligation when the goods are available on its premises;
the Customer bears all the costs and risks relating to the delivery of the goods from the Seller's premises to the desired destination;
the Seller does not have to load the goods on any collection vehicle.
2. Late payment
Any invoice that remains unpaid on its due date shall automatically bear interest, without prior notice, at the rate applicable under the Belgian law of 2 August 2002 concerning the fight against late payment in commercial transactions, in addition to a conventional penalty clause of 10% with a minimum of fifty euros per invoice.
The Seller can always refuse to take orders or make deliveries in the event that the Customer is in default of payment of an invoice.
3. Dispute
To be admissible, any dispute by the Customer must be formulated in writing and in detail, by registered letter by post, within 3 days of receipt of the goods. Whatever its nature, the dispute does not suspend the enforceability of payment.
4. Complaint following a delivery
The delivery time is mentioned as an indication and does not engage the responsibility of the Seller unless otherwise stipulated.
The Customer must check upon delivery that the package is in good condition and in the event of damage or missing product, he will specify his reservations on the delivery note and confirm them within twenty-four hours of delivery.
Any complaint not made in the rules defined above and within the time limit, cannot be taken into account and will release the Seller from any liability vis-Ã -vis the Customer.
5. Complaint on invoice or account statements
All claims on invoices or extracts account relating to goods and emptying must be submitted within five days of their receipt. After this period, the Seller considers this silence as an agreement and late complaints will not be taken into consideration.
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6. Sale by representative
The commitments made by the representatives must be confirmed in writing by the Seller.
Representatives are not qualified to collect invoice amounts.
7. Volume of orders
The Customer is a professional in the sale of drinks and is therefore responsible for the volume of his orders. Unsold goods will not be taken back.
8. Intellectual Property
The resellers will have the possibility, within the limit of the theory of the exhaustion of the right to the mark, the right to make use of this one for the promotion of the sales of the products on the condition of scrupulously respecting the interests of the mark, in particular refraining from making use of a poor quality graphic representation and refraining from presenting the brand under conditions that could harm its prestigious image (for example: liquidation offer, neighboring offer with low-quality products range, etc).