All activities of dvcWines - resort under the general terms and conditions of DV Concept bv with registered office at:
Schoonaardestraat 115 –B- 3078 Meerbeek - Belgium - Company number: BE0560.719.980

Article 1. Applicability
1.1 The General Terms and Conditions apply to all offers, orders and agreements of DV Concept.
1.2 Accepting an offer or placing an order means that you accept the application of the terms and conditions.
1.3 The provisions in these terms and conditions can only be deviated from in writing, in which case the other provisions remain in full force.
1.4 All rights and claims, as stipulated in these terms and conditions and in any further agreements for the benefit of DV Concept, are also stipulated for the benefit of intermediaries and other third parties engaged by DV Concept.

 

Article 2. Offers / agreements
2.1 All offers of dvcWines are without obligation and DV Concept expressly reserves the right to change prices, in particular when this is necessary on the basis of (legal) regulations.
2.2 An agreement is only concluded after acceptance of your order by DV Concept. DV Concept is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stated otherwise. If an order is not accepted, DV Concept will communicate this within ten (10) working days after receipt of the order.

Article 3. Prices and payments
3.1 The stated prices for the products and services offered are in Euro, including VAT and excluding handling and shipping costs, any taxes or other levies, unless stated otherwise or agreed in writing.
3.2 Payment must be made without discount or compensation within three (3) days after the invoice date, unless otherwise agreed in writing.
3.3 Payment can be made by bank transfer to the bank account of DV Concept, cash on delivery / collection or via one of the proposed payment options on our website www.dvcWines.be.
3.4 If you are in default with any payment, DV Concept is entitled to suspend (the implementation of) the relevant agreement or to dissolve it. Invoices that are not paid within fourteen days of their due date, legally and without notice of default generate an interest of 12% per year. Furthermore, the invoice amount will be increased by operation of law and without notice of default by a compensation of 10%, which will, however, be at least 25 euros.
3.5 If the prices for the offered products or services increase in the period between the order and its execution, you are entitled to cancel the order or to dissolve the agreement within ten (10) days after notification of the price increase by DV Concept. .

 

Article 4. Delivery
4.1 The delivery times stated by DV Concept are only indicative. Exceeding any delivery term does not entitle you to compensation or the right to cancel your order or to dissolve the agreement. If the buyer cancels an order, even after the foreseen delivery period, he owes compensation of 30% on the agreed price, or the full advance payment.
4.2 The delivery of the products takes place at the place and time when the products are ready for shipment or delivery to you.

 

Article 5. Retention of title
5.1 The ownership of the delivered products is only transferred if you have paid all that you owe DV Concept on the basis of any agreement. The risk with regard to the products is already transferred to you at the time of delivery.

 

Article 6. Intellectual and industrial property rights
6.1 You must fully and unconditionally respect all intellectual and industrial property rights that rest on the products and services delivered by DV Concept.
6.2 DV Concept does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and / or industrial property right of third parties.

 

Article 7. Warranty, Complaints and Liability
7.1 You have the obligation to check on delivery whether the products meet the agreement. If this is not the case, you must inform DV Concept bv of this in writing and with reasons as soon as possible and in any case within seven (7) working days after delivery. The burden of proof of the non-conformity lies with the buyer.
Complaints regarding a visible defect in the delivered goods must be submitted in writing by the client immediately after delivery, but no later than seven (7) days after receipt of the goods. Complaints received by DV Concept bv after the expiry of this term do not have to be handled by DV Concept bv.
If it has been demonstrated that the products do not comply with the agreement, DV Concept bv has the choice to replace the products concerned by returning them with new products or to refund the invoice value thereof.
If you do not wish to purchase a product for any reason whatsoever, you as a private individual have the right to return the product to DV Concept bv at your own expense within seven (7) working days after delivery. In this case, returns are only accepted if the packaging of the product is undamaged. Companies are not covered by this right.
7.2 the sold goods are guaranteed against design and construction faults and against material defects during the period of the manufacturer's warranty; ie the warranty is established by the manufacturer of the product. The defects referred to in the above paragraphs are not covered by this warranty. DV Concept bv does not grant any other warranty than that stated in the warranty conditions of the manufacturer of the products, neither explicitly nor implicitly. For example, any warranty with regard to the merchantability or fitness of a particular application or product is excluded. Shortcomings in the content of the wine bottles, such as cork smell / taste, are not covered by any form of warranty.
With regard to the manufacturer's warranty, we also mention the legislation voted on September 1, 2004, which is in force for deliveries from January 1, 2005, regarding the protection of the consumer when selling consumer goods. Under this law, the seller is liable to the consumer for any lack of conformity that exists in the delivery of consumer goods and that occurs within two (2) years from the delivery. The burden of proof lies with the consumer, which means that the consumer must prove that the product did not correspond to the description given by the seller at the time of delivery.
This guarantee is only valid for natural persons (= name on the invoice), or on the basis of the receipt, companies (= name on the invoice) are not covered by this consumer legislation.
7.3 The warranty does not in any way imply that DV Concept bv is liable for damage (including but not limited to compensation for loss of profit, business interruption or other monetary loss) arising from the use of or any prevention of use of the product, including if we have been made aware of the risk of such damage. In any case, DV Concept bv's liability under any provision of this agreement will be limited to the amount invoiced by us. Any right to compensation lapses insofar as the other party has not taken the necessary measures to limit its damage or to prevent further damage and should fail to inform DV Concept bv of all relevant data.
7.4 In case of liability of DV Concept bv on the basis of the law of 25 February 1991 regarding the liability of defective products, we will never owe more than the amount invoiced by us, if the damage is caused, both by a defect in the product, as if through the fault of the victim, or of a person for whom the victim is responsible.
7.5 The warranty does not apply if the defect is the result of negligence, lack of maintenance, failure to observe the manual, etc. DV Concept bv can never be held liable for any physical and / or mental damage caused by the use of the sold item. Products.
7.6 The warranty can be invoked by offering the purchased product back to the registered office of DV Concept bv, as soon as the fact that gives rise to the warranty has come to light.
7.7 Accepted or unaccepted returns of goods do not imply any acknowledgment by us of any defective nature of the delivery (s).
7.8 DV Concept bv strives to ensure that the products meet the specifications in the brochures issued by it, but is not liable if deviations should occur in this regard.

 

Article 8. Orders / Communication
8.1 For misunderstanding, mutilation, delays or improper transmission of orders and communications as a result of the use of the internet or any other means of communication in the traffic between you and DV Concept bv, or between DV Concept bv and third parties, insofar as pertaining DV Concept is not liable for the relationship between you and DV Concept bv, unless and insofar as there is intent or gross error on the part of DV Concept.

 

Article 9. Force majeure
9.1 Without prejudice to the other rights accruing to DV Concept, in case of force majeure, DV Concept has the right, at its own option, to suspend the execution of your order or to dissolve the agreement without judicial intervention, by notifying you in writing. and without DV Concept being obliged to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
9.2 Force majeure is understood to mean any shortcoming that cannot be attributed to DV Concept because it is not attributable to its fault and is for its account by law, legal act or generally accepted beliefs.

 

Article 10. Privacy and processing of personal data.
For the privacy and processing of personal data, reference is made to the privacy disclaimer as it appears on the website www.dvcWines.be, of which the customer acknowledges to know or to have taken note of.
By accepting the general terms and conditions, the customer also accepts the aforementioned disclaimer, which is an integral part of the current general terms and conditions.
DV Concept bv processes personal data for commercial purposes. It keeps this information for a period of three (3) years.
DV Concept bv is obliged to respect the rights of the data subject as stated in European and Belgian legislation. Any liability towards a natural person on account of any violation of the AVG regulations must be and must be proven by DV Concept. Any liability against a legal person is excluded. Any liability as a result of a breach of the AVG regulations by a third party in the performance of a service by DV Concept bv, cannot be charged to DV Concept. In any case, DV Concept bv cannot be held liable in the event that it is or can be regarded as a processor.

 

Article 11. Miscellaneous
11.1 If you provide DV Concept with an address in writing, DV Concept is entitled to send all orders to that address, unless you inform DV Concept in writing of another address to which your orders should be sent.
11.2 If DV Concept permits deviations from these terms and conditions, tacitly or otherwise, for a short or longer period of time, this will not affect its right to demand immediate and strict compliance with these terms and conditions. You can never assert any right based on the fact that DV Concept applies these conditions flexibly.
11.3 If one or more of the provisions of these terms and conditions or any other agreement with DV Concept should be in conflict with any applicable legal provision, the relevant provision will lapse and will be replaced by a new legally permissible provision to be determined by DV Concept. comparable provision.
11.4 DV Concept is authorized to make use of third parties in the execution of your order (s).
11.5 DV Concept is a company with the option of collecting and selling wines. It is your responsibility to consume these drinks with the necessary maturity and measurements. DV Concept bv can under no circumstances be held liable for the unlawful use of its products.
11.6 The possession and / or use of all our wines may be subject to legal provisions, be sure to check the relevant legislation. The use and / or possession of certain products may be prohibited in your country.
11.7 When effecting a sale of our products, the buyer declares his explicit agreement with our general terms and conditions and legal provisions as described herein. By paying the advance invoice, or the final invoice, the buyer has also immediately agreed to the general terms and conditions of DV Concept bv.
11.8 DV Concept cannot be held responsible for orders by minors, non-native speakers or any misuse of its products.

 

Article 12. Applicable law and competent court
12.1 All rights, obligations, offers, orders and agreements to which these terms and conditions apply are exclusively governed by Belgian law.
12.2 All disputes between parties will be submitted exclusively to the competent court in Leuven.

 

Article 13. Evidence
Both parties accept the electronic evidence (email - back-up).