Terms and conditions

DUVEL WEBSHOP GENERAL TERMS AND CONDITIONS

This website is owned by Moortgat Consumer Services.

Registered office:

Moortgat Consumer Services NV
Breendonkdorp 58
2870 Puurs-Sint-Amands
Belgium

Office hours: Monday to Friday from 8:00 a.m. to 12:00 p.m. and from 1:00 p.m. to 5:00 p.m.

E-mail address: [email protected]

Enterprise number (VAT): (BE) 0450.984.078

RLE: Antwerp, division Mechelen

KBC Bank
Account 407-0506301-47
IBAN: BE09 4070506311-57
BIC KREDBEBB

The general terms and conditions of Moortgat Consumer Services (“MCS”) as defined here (the “General Terms and Conditions”) apply to each product offered on the Duvel webshop and to all deliveries. Each order implies acceptance of the General Terms and Conditions.

These General Terms and Conditions are exclusively governed by Belgian law.

PURCHASE

MCS primarily offers the products on its webshop to consumers. Enterprises may only purchase the products on the webshop as business gifts. The products in the MCS webshop are under no circumstances intended for resale.

The agreement between MCS and you as purchaser is concluded at the moment you accept and meet the conditions set by MCS. The lack of an ordinary signature does not affect the binding force of the offer and its acceptance.

MCS reserves the right to refuse an order or to subject it to additional conditions such as in the case of large orders, orders by minors, orders for inadmissible purposes (e.g. resale), incomplete order procedures or problems with previous orders.

MCS always confirms purchases by e-mail. The agreement is not in force until a confirmation mail has been sent.

PAYMENT

Payment for products purchased from MCS is made exclusively using the proposed payment methods.

MCS remains the owner of all goods until full payment has been made.

To ensure secure online payment and the security of your personal data, the transaction data sent over the internet is encrypted using SSL technology. You do not need special software to pay with SSL.

In the event of late payment, MCS has the right to rescind the agreement with immediate effect or to suspend (further) delivery until the moment you have fully met the payment obligations.

The General Terms and Conditions and the confirmation e-mails are always drawn up in the language of the website.

Enterprises may only place orders as from EUR 100.00 (excluding VAT and excluding shipping costs) onwards. If they wish to receive an invoice, they may indicate their VAT number in the box provided when ordering, or contact MCS afterwards.

DELIVERY AND DELIVERY TIMES

The delivery times stated by MCS are approximate only and are not binding. The deadline for delivery is 30 days after order confirmation.

If you order a product that is temporarily out of stock, an indication will be given concerning when the product will again be available.

From the moment that the products to be delivered have been delivered to the specified delivery address, the risk for these products transfers to the purchaser.

Different rates and delivery times apply to deliveries abroad. The correct price and delivery time will be communicated to you before confirming the purchase. MCS does not deliver alcoholic products abroad.

MCS delivers to the following countries: Belgium, Netherlands, France, Germany, Bulgaria, Denmark, Estonia, Finland, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Spain, Czech Republic and Sweden.

Delivery takes place exclusively by courier service, unless agreed otherwise prior to the agreement. Contact details of the courier service may be found on the following website: www.bpost.be/bpack.

Delivery or shipping costs will be communicated to you before confirming your purchase. If the shipping costs cannot be calculated automatically, this will be stated and/or an indication of the shipping costs will be provided.

PRODUCT INFORMATION

Information, images, verbal communications, statements, etc. provided by telephone or e-mail with regard to all offers and the main features of the products are as accurate as possible. MCS is not liable for the advice it provides, printing and typographical errors on the website, or technical data provided by suppliers or manufacturers.

Availability is indicated for each product. MCS makes every effort to communicate this information correctly. Nevertheless, some deliveries may not be possible. This can be due to inadvertently incorrect stock data or products that are no longer available from suppliers. In these cases MCS will notify you as soon as possible and propose a solution.

The products offered by MCS meet the legal standards and may be sold online by MCS.

It is possible that MCS includes links on its website to other websites that may be interesting or informative for the visitor. Such links are purely informative. MCS is not responsible for the content of the website referred to or for the use thereof.

COOLING-OFF PERIOD (APPROVAL PERIOD) AND RETURNS

For all products purchased from MCS, under the Belgian Code of Economic Law (CEL) you as consumer are entitled to a cooling-off period of 14 calendar days. This right to cancel is explicitly not applicable[ED1] to orders placed by legal entities and (other) enterprises. This period starts at the time of receipt by you or on your behalf. During the cooling-off period, you are expected to handle the goods and packaging with care. The right to cancel is void if the product and packaging are no longer in original, complete, undamaged and unused condition.

If you wish to make use of the right to cancel, you must communicate this in writing or by telephone within 14 calendar days from the day following delivery of the product. If you wish, you can use the cancellation form on the website. There is no penalty for cancelling the purchase, and no justification need be given. More information about cancelling or returning your order can be found in the ‘cancellation, return and exchange’ section on our website.

The goods must be returned undamaged, unused and in original condition and packaging within 14 calendar days of receipt. The shipping date serves as a check. All sent documentation, warranty certificates and packaging materials must be enclosed with the return shipment, as well as your bank account number. The direct costs for returns are borne by the purchaser. Parcels not sent (fully) postage paid will be refused and returned to the sender.

MCS will refund the full purchase price including shipping costs within 30 days of receipt of the goods. Shipping costs will only be refunded if you return a full order. Shipping costs for returning an order will never be refunded.

If it appears that the goods have not been received in accordance with the conditions of the right to cancel, the purchase price including shipping costs will not be (fully) refunded. In such a case, the product remains your property. At your request, the product can also be resent to you, subject to payment of the corresponding shipping costs.

Exceptions to these provisions are the following:

  • If a product has been specially made or changed for you, you are not entitled to the 14 calendar-day right to cancel.
  • This exception also applies to perishable goods and to CDs, DVDs, software or other comparable products whose seal has been broken or whose packaging has been opened.
  • If a product is visibly worn or damaged in any other way, your right to a refund of your payment is void.

Goods must be returned to the following address:

DistriMedia - Duvel Webshop

Industriepark-Noord 5A

9100 Sint-Niklaas

WARRANTY TERMS AND CONDITIONS

MCS follows the official warranty guidelines of its suppliers. These differ per brand and will therefore always be stated when purchasing your item.

Warranty service is covered by MCS, except for the shipping costs incurred by the consumer to return the product to us.

DEFECTS

The goods must be inspected immediately upon receipt. The delivered goods must be verified with respect to the agreement:

  • Were the correct goods delivered?
  • Do the delivered goods meet the agreed quality requirements or – if these are absent – the requirements that may be assumed for normal use?
  • Etc.

If a defect is found regarding conformity of the delivered goods to the order, this must be reported to MCS within 2 months of its discovery. By way of derogation from the above, legal entities and other enterprises must report visible defects in the goods and any lack of conformity within 5 working days after delivery.

Working days comprise all calendar days except Sundays and legal holidays in Belgium.

The costs for returning goods that do not comply with the description of the product are for the expense of MCS.

FORCE MAJEURE

Force majeure includes all external causes beyond the control of MCS, foreseen or unforeseen, as a result of which MCS is unable to reasonably fulfil its obligations.

MCS also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment occurs after MCS should have fulfilled its obligation.

The delivery and other obligations of MCS are suspended during the period of force majeure. If the period in which fulfilment of the obligations by MCS is not possible due to force majeure lasts longer than 8 weeks, either party may rescind the agreement without obligation to pay damage compensation.

PRICES

You will be notified of the prices of the goods before paying. All prices are expressed in euros and include VAT and the costs of Recupel, BEBAT and Reprobel appliance disposal fees. Shipping costs are listed separately.

Offers are valid while supplies last.

A personalised offer is valid for 2 weeks, unless a different period is stated in the offer.

INTELLECTUAL PROPERTY RIGHTS

The content of this website, including brands, logos, drawings, data, product or company names, texts, images, etc., is protected by intellectual rights and belongs to MCS, to entities affiliated with MCS, or to entitled third parties.

QUESTIONS AND COMPLAINTS

Complaints or disputes must be reported within 7 calendar days after delivery. If the complaint is found to be justified, our liability is limited to exchange of the goods. Any liability on the part of MCS is limited to the amount actually paid for the order, except in the case of intentional error or gross negligence.

MCS will handle questions and complaints within a reasonable period of 7 calendar days.

DISPUTES

All offers and agreements are exclusively governed by and construed in accordance with Belgian law, to the exclusion of the principles of conflict of law and the Vienna Sales Convention.

All disputes related to or arising from offers from MCS or agreements concluded with it, will be submitted to the competent court in Mechelen, unless a mandatory legal provision explicitly designates another court as competent.

LIMITATION OF LIABILITY

The information provided on the website is general in nature. This information has not been adapted to personal or specific situations, and thus cannot be considered to be personal, professional or legal advice to the user.

MCS makes every effort to ensure that the information provided is complete, correct, accurate and up to date. Despite these efforts, inaccuracies can be present in the information made available. If the information provided contains inaccuracies, or if specific information would be unavailable on or via the website, MCS will make every effort to rectify this as quickly as possible.

However, MCS cannot be held liable for direct or indirect damages that result from the use of the information on this website.

If you note inaccuracies in the information made available via the website, you may contact the website administrator.

The content of the website (including links) may be adapted, amended or supplemented at any time without announcement or notification. MCS provides no guarantees for the proper performance of the website and can in no way be held liable for the poor performance or temporary (un)availability of the website or for any form of damage, direct or indirect, that might result from access to or use of the website.

MCS may in no way be held liable to any party, direct or indirect, extraordinarily or in any other way, for damages due to the use of this website or of another, in particular as a result of links or hyperlinks, including but not limited to all losses, work stoppages, damage to the programs or other data on the computer system, to equipment, software or other property of the user.

The website can contain hyperlinks to websites or pages of third parties, or indirectly refer to these. The placement of links to these websites or pages in no way implies tacit approval of their content.

MCS explicitly declares that it has no control over the content or other characteristics of these third-party websites, and can in no way be held liable for their content or characteristics, or for any other form of damage due to their use.