1.1. These term and conditions apply to all orders placed by the Customers by using this website www.beaconspirits.be.
1.2. For the purpose of these terms and conditions the following terms will have the following meaning:
’Seller’ means the company owning and running the website www.beaconspirits.be, Beacon Management BVBA with registered office at Weldadigheidsstraat 35, 3920 Lommel (Belgium), with company number: BE0563.824.871. RPR Hasselt (Belgium).
‘Customer' means any natural person, consumer, who orders beverages, tobacco or other goods via this website.
Website means the website www.beaconspirits.be.
1.3. By using this website or by placing orders for goods the Customer acknowledges that he gained knowledge and accepts these terms and conditions. Moreover doing so the Customer acknowledges that these terms and conditions are an integral part of each and every purchaseagreement between the Seller and the Customer. Terms and conditions of the Customer are expressly excluded.
1.4. The Seller has the right to update or change her terms and conditions at all times.
1.5. The Customer shall at all times be regarded as contracting party closing the agreement in his own name and on his behalf.
1.6. The Customer acknowledges that he is fully aware and accepts that placing an order holds an obligation to pay the price of the order.
2. Meeting of minds
2.1. Orders of the Customer be will be regarded as irrevocable from the moment the Seller has received the order. The Customer will receive, by e-mail, an order confirmation holding a summary of his order and a copy of the applicable terms and conditions.For the avoidance of doubt, any such contract will be deemed to have been concluded in Belgium.
3. Reservation of ownership
3.1. The Seller reserves, in accordance with article 101 Belgian Insolvency Code, ownership on the sold goods until full payment of the relevant order has been received by the Seller.
4. Terms of delivery
4.1. All sales Prices shown on the website do not include costs relating to delivery of the goods.
4.2. Costs relating to delivery of the goods will be borne by the Customer. These cost will be billed as a supplement and will be communicated to the Customer before the order is placed. Costs relating to the delivery are subject to changes and may vary according to the date of the order and the nature of the order.
4.3. All sales prices shown on the website are VAT, excise duty and any similar sales taxes included but are exclusive of import / export duties, which shall be paid by the Customer in addition to the sales price.
4.4. The Customer undertakes to comply in its own name and at its expense with all formalities required by any applicable law in relation to the delivery and transportation of the order.
4.5. The Customer shall be exclusively liable for and shall hold the Seller harmless against claims by any third party, including local authorities, relating to the delivery of the order that are based on or originate (i) in a violation by the Seller, through an act or omission, of any of its obligations under applicable law or (ii) any non-payment of import / export duties..
4.6. The Seller will use their reasonable endeavors to deliver goods promptly and within thirty (30) calendar days but cannot accept any liability for delay in delivery for any cause. During holidays, as indicated on the website, delivery may be prolonged.
5. Age Restriction
5.1. It is strictly forbidden for any Customer to order goodsor use goods on this website for anyone who is below the legal drinking age or below the smoking age. The legal age that applies is the legal age of the country or state that you are in when visiting this webshoporthe legal age in the country or state to which the Customer wants the goods to be delivered.
6. Right of Withdrawal
6.1. During a "cooling off" period which expires 14 calendar days after the day the Customer received the goods he is entitled to withdraw from his online purchase.
6.2. To exercise his / her right of withdrawal, the Customer may 1] use the standard form available here or 2] in the FAQ or by 3] unequivocally inform the Seller by any other written document, within the term of his / her decision to withdraw from the purchase. Simply returning the goods to the Seller will not be regarded as a withdrawal from the purchase.
6.3. The Seller will refund the Customer, exercising his / her right of withdrawal, within 14 days from receipt of the withdrawal notification. Last-mentioned term may be delayed if the Seller has not received the goods back or has not received evidence that the Customer has sent them back.
6.4. The refund will include any delivery cost you paid when you made your purchase. However, the Seller will not refund any delivery costs if you specifically requested non-standard (express) delivery.
6.5. Refunding of the purchase price will be done via the same channel as payment of the order has been made or via any other means the Customer has accepted prior to the refunding.
6.6. The Customer will have to pay the costs of returning the goods to the Seller.
6.7. The Seller will not accept any exercise of a right of withdrawal by the Customer if the goods are used or damaged before deciding to withdraw from the purchase or if the goods are not in a reasonable condition when delivered at the Sellers’ premises.
7.1. The Seller can in no way be held responsible if the order is detained or confiscated by the local authorities because the amount of beer or tobacco exceeds an import limit, because import of beer to the destination country is forbidden or for any other reason that the local authorities in the destination country may have to stop the order.
8.1. The Seller recommends to drink beer only with moderation and does not recommend tobacco consumption. The Seller can in no way be held responsible for any acts that are committed by people drinking alcohol that was sold through our website, nor for any results or damages, including medical problems, which are the result of these acts or are consequence of the use of alcohol or tobacco. The Customer acknowledges to be fully aware of the (medical) risks relating to the use of alcohol and / or tobacco.
9. Intellectual Property
9.1. Everything on this website is copyright, trademark or otherwise protected. That means that any use (including copying, reproduction, duplication, transmission or display of content of this website without the express written permission from the Seller or a third party as the case may be) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
10.1 To the fullest extent permitted at law, the Seller is providing this website and its contents on an "as is" basis and makes no (and expressly disclaims all) representations or warranties of any kind, express or implied, with respect to this website or the information, content, materials or products included in this site including, without limitation, warranties of merchantability and fitness for a particular purpose. In addition, the Seller does not represent or warrant that the information accessible via this website is accurate, complete or current. Price and availability information is subject to change without notice. The Seller assumes no responsibility whatsoever for any links to the internet or other third party websites from its website. Once you activate these links you will leave this website and the Seller will not be responsible, or liable, for the content of any other websites on the internet to which you may visit from its site.
10.2. The information contained on this website may contain technical inaccuracies or typographical errors and the Seller is not liable for any inaccuracies or errors. In addition, Seller has no duty to update this site or the content hereof and the Seller will not be liable for any failure to update such information.
11.1. The Seller will not be liable for loss or damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the content here of or for negligence and excludes any such liability to the fullest extent permitted by law.
11.2. The Seller will not be liable for loss or damages of any kind, including without limitation special or consequential damages arising out of the use of yourorder or inability to use your order.
12. Payment and complaints
12.1. The Customer, irrevocably accepts the delivered goods whenever he / she has not filed any complaint, by registered letter, within a term of 30 calendar days from the date he / she has received the goods.
12.2. After expiration of the term of 12.1. the Customer has irrevocably accepted the conformity of the goods and has verified a lack of visual defects.
12.3. In the event the Customer gains knowledge of a hidden defect he is obliged to immediately inform the Seller by registered letter.
12.4. Claims relating to hidden defects must be filed before the competent court within a short term of three (3) months after the Customer has gained knowledge of the hidden defect.
12.5. Each order is to be payed upfront by making use of the provided payment methods. For more info relating to the provided payment method the Seller refers the Customer to the website: www.beaconspirits.be.
12.6. The Seller cannot be held liable for any damages caused by disruption, malfunctioning or any other defect relating to the provided payment services of third parties. The Customer agrees that such damages are the sole responsibility of the third party service provider.
12.7. All products sold via this website are subject to the legal guarantee of two (2) years, as provided for in the Belgian civil code.
13. Processing of data
13.1. The Customer provides information by filling in forms on the website, by corresponding with the Seller by phone, e-mail, by ordering goods or otherwise. This includes information that the Customer provides when he / she registers to (use) the website, subscribes to certain services, places an order on our website, participate in forums on the website or when he / she reports a problem with the website.
13.2. The Seller will hold, store and process data relating to the Customer in accordance with applicable data regulations.
13.3. The Seller will process the data with the following purpose:
To carry out obligations arising from any contracts entered into and to provide the Customer with the information, products and services that he / she requested. Such may include providing the Customer with support.
To provide the Customer with a newsletter and with information about other products and services the Seller offers that are similar to those the Customer has already purchased or enquired about or that the Seller feels the Customers is interested in. The Seller may also use the information to measure or understand the effectiveness of her advertising to the Customer and others, and to deliver relevant advertising to the Customer or third party.
13.4. The Customer has the right at all times to opt-out of receiving further marketing information of to object against any processing of personal data by sending an e-mail to email@example.com.
14.1. Any dispute or claim relating to the use of this website or relating to any order will be interpreted, construed and enforced in all respects in accordance with the laws of Belgium and the Customer and the Seller irrevocably submit to the non-exclusive jurisdiction of the Belgian Courts competent for the registered office of the Seller.
14.2. Unabated article 14.1. the Customer or the Seller has the right to referany dispute or claim relating to the use of this website or relating to any order to the online dispute resolution available at http://ec.europa.eu/odr.
14.3. The Seller endorsed the Rules of the UNIZO e-commerce label. These regulations are available on https://www.unizo.be/sites/default/files/reglement_-_13_januari_2017.pdf where you can also settle complaints or disputes out of court via the complaints procedure of UNIZO.