General terms and conditions - Cuvamis BV

Article 1. Identity of the entrepreneur

Cuvamis BV
Email: info@cuvamis.be
KBO: 0772.699.723
VAT number: BE0772.699.723

Article 2. Application

These general terms and conditions of sale apply to every sale of products by Cuvamis BV.
Our website is www.cuvamis.be. By placing an order for goods with Cuvamis, the buyer accepts the application of these general terms and conditions and waives the application of his own general (purchase) conditions.

Article 3. General

The legal age limit for the sale of alcohol is 18 years. By ordering, the buyer declares to be at least 18 years old.

Article 4. The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a good assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images and specifications in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

1. The price includes taxes;
2. Any shipping costs;
3. The manner in which the agreement will be concluded and what actions are required for this;
4. Whether or not the right of withdrawal applies;
5. The method of payment, delivery and execution of the agreement;
6. The period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
7. The way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
8. The codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;

Article 5. Delivery

The entrepreneur will exercise the utmost care when receiving and executing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has provided to the company.
Cuvamis will execute accepted orders expeditiously, but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to terminate the agreement without costs. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a term does not entitle the consumer to compensation.
In the event of dissolution, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. No later than upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Our goods are delivered free of shipping and transport costs (including freight and postage, to the place of delivery indicated by the buyer, insofar as this is located on Belgian territory) for every order above €80. Orders with a value of less than €80 will be processed at the applicable surcharge rates for shipping/transport, expressly stated on www.cuvamis.be.

Article 6. Price (changes) - Excise duties and levies - promotions

Cuvamis is permitted to unilaterally change the prices stated on the price list and the website at any time, both for reasons independent of the seller's control (increases in raw material prices, increases in government levies, crop failures, etc.) and in function of any market fluctuations over which the seller has no influence. The buyer declares that he irrevocably agrees to this.
Unless expressly stated otherwise, all stated sales prices include Belgian excise duties and levies. The promotions applicable to orders are those valid on the date of delivery of the order.

Article 7. Right of withdrawal / Returning purchased bottles

The consumer has the right to inform Cuvamis that he renounces the purchase, without payment of a fine and without stating a reason, within 14 days from the day following the delivery of the product. Customers who wish to exercise the right of withdrawal must contact customer service (info@cuvamis.be) within 14 days of delivery and return the goods to Cuvamis at their expense within 20 days of delivery of the goods. , Stoofstraat 5, 2500 Lier. Goods with a sales price of 100 Euro or more must be returned to us by courier (DHL, Fedex, UPS, BPOST, DPD). The direct costs for returning to Cuvamis by the consumer are fully borne by the consumer, unless the consumer can demonstrate that the delivered product is not in accordance with the description of the offer.
Only items that are in the original and undamaged packaging can be returned with the corresponding invoice.
Under no circumstances will opened bottles be taken back, with the exception of bottles with cork flavor; these will be taken back if the bottles are full and the wine is in the original bottle.
In order to handle your return efficiently, it is necessary that you follow the indicated procedure.
Please contact our customer service to organize your return. Do not forget to include your account number so that the refund can be arranged. Of course you can also return the package yourself by appointment. Please contact us by email for this. The order will only be accepted if it is returned undamaged and in the original packaging, if reasonably possible. We therefore always advise you to carefully open the shipping box and original gasket, so that they can be used again to return the order. If this is not possible, you should use a similar shipping box with sturdy dividers between all bottles.

Article 8. Acceptance, cancellations and refusals of orders

Orders are only valid and binding after acceptance by Cuvamis. Due to possible stock shortages for certain wines or years, orders can only be accepted depending on the availability of the wines, without any promises regarding prices or quantities. Cuvamis always reserves the right to refuse the order in writing, without any justification and at any time, even to existing customers and regardless of the duration of the commercial relationship between the parties and any efforts made and costs incurred by the buyer with a view to resale of the goods (inclusion on menus, website, etc.). Cuvamis is not liable for costs incurred by the buyer as a result of the refused delivery.
The buyer may cancel his order before delivery upon payment to Cuvamis of a fixed and non-deductible compensation equal to 15% of the total value of the order. An order cannot be canceled after delivery. The buyer expressly waives the rights provided for in Articles 1587 and 1588, where applicable, of the Civil Code.

Article 9. Defects and complaints

The buyer undertakes to immediately receive the sold goods upon delivery and to investigate whether the quality and/or quantity of the delivered goods corresponds to
what was agreed. Any visible defects regarding the delivered goods must be reported immediately to the carrier, under penalty of nullity, and must be reported in writing to Cuvamis no later than 48 hours after delivery. Regardless of the buyer's reservations upon receipt, in particular due to any glass breakage, the part of the order delivered in good condition and in accordance with the order must be paid for at the agreed price and according to the payment terms agreed upon when placing the order. Complaints due to visible defects are only valid and will only be investigated on the condition that the goods have been sold
have not yet been put into use or resold.
Any complaint regarding invoicing must be notified to Cuvamis within 48 hours of receipt of the invoice and in the same form, also under penalty of nullity. If sold goods exhibit a so-called 'cork taste', the buyer must return the affected product
to deliver the goods in question (including cork) to Cuvamis without delay and without delay, after which a trial test will take place. If the sample test confirms the cork taste, the relevant
goods are replaced by goods of the same type. If the same type of goods is no longer available, goods of a different vintage or an equivalent alternative will be substituted
provided. Under no circumstances will cork flavored goods be refunded, they will only be replaced upon presentation of a valid proof of purchase and this up to a maximum of 2 years after purchase of the goods. The foregoing regarding the exchange for cork flavor does not apply to wines with a price higher than EUR 30 per piece.

Article 10. Payment

Unless otherwise determined in writing by Cuvamis, all invoices must be paid upon delivery of the goods. Without prejudice to any damage, and without prior notice, any invoice or any balance of an invoice that is not paid by the due date will be automatically subject to the interest rate applicable under the law of 2 August 2002 on the
combating payment arrears in commercial transactions, starting from the due date. In addition, any amount not paid by the due date will be automatically increased by an amount of 12% of the amount due, with a minimum of EUR 100, as liquidated damages.
All other collection costs not included in the lump sum compensation will be charged separately to the defaulting buyer.

Article 11. Applicable law - forum

Belgian law applies to these general terms and conditions of sale.
Cuvamis and the buyer will endeavor to settle disputes amicably arising from the application and/or interpretation of these general terms and conditions of sale or the execution of the contractual obligations between them. If no amicable settlement can be reached, only the Antwerp Commercial Court, Antwerp department has jurisdiction.
However, Cuvamis reserves the right to submit any dispute to a competent court of its choice.