Terms and Conditions

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 their own general (purchase) terms and 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 validity period or is made under specific conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Images with products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:

1. The price including taxes;
2. Any shipping costs;
3. The way 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 accepting 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 and, if desired, correct the data provided by him in the context of the agreement;
8. The codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically;

Article 5. Delivery

The entrepreneur will exercise the greatest possible 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 made known 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 executed or can only be executed partially, the consumer will be notified thereof no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement without costs. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case 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 impossible, the entrepreneur will endeavor to make a replacement item available. No later than upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of 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 pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.
Our goods are delivered free of shipping and transport costs (including freight and postage, to the delivery address indicated by the buyer, provided this is located in Belgium) for every order above €80. Orders with a value less than €80 will be executed at the applicable surcharge rates for shipping/transport, explicitly stated on www.cuvamis.be.

Article 6. Price (changes) - Excises and levies - promotions

Cuvamis is allowed to unilaterally change the prices listed on the price list and the website at any time, both for reasons independent of the seller's will (increase in raw material prices, increases in government levies, failed harvests, etc.) and in accordance with any market fluctuations over which the seller has no influence. The buyer irrevocably agrees to this.
Unless expressly stated otherwise, all communicated sales prices include Belgian excises and levies. The promotions applicable to the orders are the promotions valid on the delivery date of the order.

Article 7. Right of withdrawal / Returning purchased bottles

The consumer has the right to inform Cuvamis that they wish to withdraw from the purchase, without payment of a penalty 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, Stoofstraat 5, 2500 Lier, at their own expense, within 20 days of the delivery of the goods. Goods with a sales price of 100 Euros 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 entirely for the consumer's account, unless the consumer can demonstrate that the delivered product is not in accordance with the description of the offer.
Only items that are in their original and undamaged packaging can be returned with the corresponding invoice.
Opened bottles will under no circumstances be taken back, with the exception of bottles with cork taint; these will be taken back if the bottles are full and the wine is in the original bottle.
To process your return efficiently, it is necessary to follow the indicated procedure.
Contact our customer service to organize your return. Don't forget to mention 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 e-mail for this. Only if the order is returned undamaged and in original packaging - if reasonably possible - will it be accepted. We therefore advise you to always open the shipping box and original packaging carefully, so that it can possibly be used again to return the order. If this is not possible, you must 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 vintages, orders can only be accepted based on the availability of the wines, without any promise regarding prices or quantities. Cuvamis always reserves the right to refuse an 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 reselling 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 can cancel their order before delivery upon payment to Cuvamis of a lump sum and non-set-off compensation equal to 15% of the total value of the order. After delivery, an order can no longer be cancelled. The buyer expressly waives the rights provided for in articles 1587 and 1588, insofar as applicable, of the Civil Code.

For subscriptions you are enrolled in: The payment method linked to your account will be automatically charged in accordance with the shipping schedule of your applicable program or the program's renewal term. There is no ongoing obligation to remain a member of any subscription program. You may cancel your membership(s) at any time by contacting us at info@cuvamis.be, by filling out our contact form on the website, or by logging into your account online and following the cancellation instructions, after which we will immediately stop processing recurring payments.

Article 9. Defects and complaints

The buyer undertakes to immediately accept the sold goods upon delivery and to examine whether the quality and/or quantity of the delivered goods corresponds to what was agreed. Any visible defects concerning the delivered goods must be reported immediately to the carrier, under penalty of nullity, and in writing to Cuvamis no later than 48 hours after delivery. Regardless of the buyer's reservation upon receipt, particularly due to possible glass breakage, the part of the order delivered in good condition and in accordance with the order must be paid at the agreed price and according to the payment terms agreed upon at the time of order. Complaints due to visible defects are only valid and will only be investigated on the condition that the sold goods have not yet been used or resold.
Any complaint regarding invoicing must also be reported to Cuvamis, under penalty of nullity, within 48 hours of receipt of the invoice and in the same form. If sold goods show a so-called 'cork taint', the buyer must immediately and without delay deliver the affected goods in question (including cork) to Cuvamis, after which a test will take place. If the test confirms the cork taint, the relevant goods will be 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 provided. Under no circumstances will goods with cork taint be refunded; they will only be replaced upon presentation of valid proof of purchase and this up to a maximum of 2 years after purchase of the goods. The foregoing regarding exchange for cork taint does not apply to wines with a price higher than 30 EUR/piece.

Article 10. Payment

Unless otherwise stipulated in writing by Cuvamis, all invoices must be paid upon delivery of the goods. Without prejudice to any damages, and without prior notice, any invoice or any balance of an invoice not paid by the due date will by operation of law be subject to the interest rate applicable under the Act of 2 August 2002 concerning the fight against late payment in commercial transactions, from the due date. In addition, any amount not paid by the due date will by operation of law be increased by an amount of 12% of the outstanding amount, with a minimum of 100 EUR, as a lump sum compensation.
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 arising from the application and/or interpretation of these general terms and conditions of sale or the execution of the contractual obligations between them amicably. If an amicable settlement cannot be reached, only the Enterprise Court of Antwerp, Antwerp division, has jurisdiction.
Cuvamis, however, reserves the right to submit any dispute to a competent court of its choice.