Terms and conditions
1. SCOPE OF APPLICATION
All commercial relations between the limited liability company (société à responsabilité limitée) Brasserie Dupont, whose registered office is at Rue Basse 5, 7904 Leuze-en-Hainaut, registered with the BCE under number 0401.235.550 (RPM Hainaut, Tournai division), (hereinafter referred to as the “Brasserie Dupont” or the “Company”) and any individual or legal entity proceeding with the purchase or rental of a product offered by the Company (hereinafter referred to as the “Client”), will be governed by these terms and conditions. In the provisions applicable only to Clients who are natural persons, the latter will be defined herein as a “Consumer” as defined in article 1 of the Belgian Code of Economic Law.
By purchasing or placing an order on our website, the Client acknowledges that they have read and accepted these terms and conditions. These always take precedence over the Client’s terms and conditions, even if the latter stipulate that they are the only ones that apply.
The potential invalidity of one or more of the provisions of these terms and conditions will in no way affect the applicability of the other clauses. If one of the provisions is invalid, the Brasserie Dupont and the Client will negotiate, as far as they are able and according to their own loyalty and convictions, in order to replace the provision declared to be invalid with an equivalent provision that corresponds to the spirit of these terms and conditions.
The fact that Brasserie Dupont does not demand that one of the provisions of these terms and conditions is strictly applied cannot be regarded as a tacit renunciation of the Brasserie Dupont’s rights by virtue of these terms and conditions, and does not prejudice the Brasserie Dupont’s right to demand that these provisions are strictly applied thereafter.
Brasserie Dupont reserves the right to adapt or modify its terms and conditions at any time. It is the Client’s responsibility to consult these terms and conditions on a regular basis, and they are always available on the Brasserie Dupont website via this link.
2. COPYRIGHT AND INTELLECTUAL PROPERTY
The Brasserie Dupont retains the copyrights and related rights and all intellectual property rights to the documents, images, brand, name, logo, and other items presented in catalogues, leaflets, folders, advertisements or samples (whether hard copies or electronic) and any other medium offered by the Brasserie Dupont. These may not be reproduced, used or communicated to the public in any way without the express prior written consent of the Brasserie Dupont, unless this is not required in accordance with the provisions relating to copyright and related rights included in the Belgian Code of Economic Law.
3. PRODUCTS AND OFFERS
The products offered for sale by the Brasserie Dupont are those that appear on the website on the day the Client consults the website. The availability of the products presented on the website is subject to stock limits. The Brasserie Dupont reserves the right to withdraw products from sale at any time.
Catalogues, leaflets, folders, advertisements or samples (whether hard copies or electronic) will not be regarded as binding offers for the products described or depicted, or for the services offered. Offers put forward by the Brasserie Dupont are not binding and must only be regarded as an invitation to the Client to proceed with a purchase, unless expressly stipulated otherwise. All offers are subject to the express condition that the products will only be delivered subject to availability. The images shown by the Brasserie Dupont and the specifications given are not binding and have only been provided to convey an idea of the item being offered for sale. In addition, publications may contain inaccuracies or typographical errors. Under no circumstances can any of the above-mentioned faults give rise to any compensation.
4. ORDERS
If a Client would like to purchase a product they must:
choose the items and add them to their basket;
confirm the contents of their basket;
fill in the identification form on the website or sign up using the identification page, providing all the contact details required;
choose the delivery method for the order (to the delivery address of the Client’s choice or a collection point via BPOST or DPD);
choose the payment method;
accept these terms and conditions;
confirm their order and make their payment.
At any time during the ordering process, the Client may view the details of their order as well as the total price and correct any errors, before confirming the order and so accepting it.
The Client will receive an email confirmation for the order.
As soon as the Client has submitted the order, they are assumed to have unreservedly accepted the prices, volumes and quantities offered for sale and ordered with full knowledge of the facts. Any addition to an order that has been confirmed and paid for will be regarded as a new order which may be delivered at a later date.
The Brasserie Dupont remains the owner of the items until the order has been paid for in full, in other words when the principal amount of the order and any applicable interest and fees have been received.
The Brasserie Dupont reserves the right to cancel or refuse any order from a Client with whom there is a dispute over payment for a previous order.
Confirmation of the order implies acceptance of these terms and conditions of sale, acknowledgement of having full knowledge of them and a waiver of your own terms and conditions of purchase or any other terms and conditions. All the data provided and the recorded confirmation will be considered as proof of the transaction. The confirmation will serve as signature and acceptance of the transactions completed.
During the ordering process, the Client will be given the option of having the items delivered either to their home or to an available collection point of their choice. However, the Brasserie Dupont does not guarantee that every geographical region will be covered by a collection point (especially for deliveries abroad).
Where applicable, the delivery costs are clearly indicated in the price in accordance with article 5, and your order is then delivered to the delivery location referred to, in accordance with the provisions of article 7of these terms and conditions.
5. PRICES AND PAYMENT TERMS
The prices shown on the website include VAT and are in Euros, taking into account the VAT applicable on the day of the order, except for typographical errors. The Brasserie Dupont reserves the right to modify its prices at any time for any objective economic reason, it being understood that the price shown in the catalogue on the day of the order will be the only one applicable to the Client. Delivery costs, booking fees or any other compulsory administrative costs are mentioned separately.
Unless specifically agreed otherwise, orders placed on the website are payable in cash via the following payment methods Visa, MasterCard, Bancotact, Payconic and bank transfers.
The Customer’s credit card will be immediately charged at the time of the transaction.
An order confirmation will be sent to the Client immediately after the order has been confirmed.
The Client can always request the invoice associated with their order.
The Brasserie Dupont cannot be held responsible for delivery delays and/or if the Client’s order is not delivered due to the issuer of the Client’s bank card refusing to complete the payment. Orders that are not accompanied by a valid payment in the cardholder’s name will not be accepted or processed.
Sales campaigns, promotions and discount vouchers cannot be used together. The most advantageous discount is always applied. For as long as the offer is valid, the prices of the products on offer will not be increased, subject to printing errors or changes in prices due to changes in the rate of VAT and/or statutory taxes.
6. EMPTIES
The crates and bottles are marked and remain the property of the Brasserie Dupont. Only empties bearing the Brasserie Dupont brand will be taken back at the prices invoiced, as long as they are returned in good condition.
Without prejudice to article 11, the value of the empties taken back will first be off-set against outstanding invoices, even if the Client is claiming for the empties when they are collected.
7. DELIVERY – TERMS – TRANSFER OF RISK AND OWNERSHIP
All deliveries are via an external carrier (BPOST or DPD).
The delivery time depends on the item ordered. The delivery time is clearly indicated in the product description at the time of ordering.
Delivery times are given as an indication only. The Brasserie Dupont makes every effort to deliver the orders placed by the Client within the deadlines set, but it cannot be held responsible for any failure or delay in delivery or execution, particularly due to the fragility of the products (glass bottles likely to break during transport and needing to be replaced etc.). A missed delivery time does not release the Client from their obligations.
Delivery only includes the transport and handing over of the products.
If an order includes several different types of product, the Brasserie Dupont will do everything possible to combine all the products ordered by the Client, depending on the stock available. If certain products ordered by the Client are not or are no longer in stock at the time the order is prepared, the Brasserie Dupont will, as far as possible and as quickly as possible, offer an alternative, which the Client may refuse. If necessary, the Client will be able to modify their order and/or request a refund.
Unless specifically agreed otherwise, the products are delivered DAT (Delivered At Place) by the Brasserie Dupont. The risks associated with the products are transferred at the time the products are delivered to the destination indicated by the Client.
The Client undertakes to take charge of the products on their arrival at the delivery address, either themself or by any person of their choice who can provide proof of the Client’s identity and give the delivery driver the order number assigned by the Brasserie Dupont. The Client, or the other person described above, must check the quantity of the products delivered on receipt of the order and before the delivery driver leaves. The Client will sign a consignment note (delivery note) for this purpose. The Client will be able to express any necessary reservations, in a detailed, legible format and as specifically as possible, if any anomalies are observed (missing products). The Client must confirm any missing products either by email to the following address contact@brasserie-dupont.com or by telephone on the following number: +32 69 67 10 66, within two days of delivery, under penalty of forfeiture, specifying the order number in question, without prejudice to invoking a non-conformity or an apparent defect in accordance with article 9of these terms and conditions.
Except in the event of force majeure(unforeseeable and irresistible event), the Client may not refuse delivery, as long as all complaints have been expressed as provided herein.
If the Client refuses to accept the products, the contract will automatically be cancelled after a period of two days from the date of the summons to perform the contract. Any deposits paid will be kept by virtue of the penalty clause and the Brasserie Dupont reserves the right to claim any additional damages and penalties.
In accordance with the Belgian general law on customs and excise of 18 July 1977, the Brasserie Dupont does not deliver any alcohol outside of Belgium.
8. RIGHT TO WITHDRAW AND CANCEL THE ORDER
As soon as a Consumer places a binding order remotely (an order via the Internet, by telephone or by email), they have the right to withdraw from all or part of their order, without giving any reason, within fourteen days of receiving their order. In order to exercise this right to withdraw, the Consumer must notify the Brasserie Dupont of their decision to withdraw by sending an unambiguous statement to that effect and in particular, without it being an obligation, by using the withdrawal form provided by the FPS Economy. If the Consumer exercises this right to withdraw, the products must be returned within the aforementioned period in their original packaging, in perfect condition, unused and accompanied by any accessories. Under no circumstances can the right to withdraw be applied if the product’s use-by date has passed or if the product has been consumed, in whole or in part.
If the Consumer withdraws from this contract, the Brasserie Dupont will refund all payments received from the Consumer, including delivery costs (with the exception of additional costs resulting from the fact that the Consumer has chosen, if applicable, a delivery method other than the cheapest standard delivery method offered by the Brasserie Dupont) without undue delay and, in any event, no later than fourteen days from the day on which the Consumer informed the Brasserie Dupont of their decision to withdraw from this contract.
The products will be returned in accordance with the rules set out in article 9of these terms and conditions.
Any cancellation request for a visit to the Dupont Brewery will be accepted with a refund if the cancellation request is sent by email to the following address: contact@brasserie-dupont.com at the latest 48 hours before the departure time of the visit (mentioned in the reservation confirmation), unless otherwise agreed by Brasserie Dupont.
9. RETURNS, COMPLAINTS AND LIABILITY
Without prejudice to article 7, the Client loses the right to invoke a non-conformity or an apparent defect of the products if the non-conformity or the defect has not been reported to the Brasserie Dupont by post or by email to the address contact@brasserie-dupont.com, within eight days of delivery, with the following information: the type of product concerned, the problem encountered, the order number, the batch number, the use-by date, as well as photos of the problem encountered. The Brasserie Dupont has five working days to respond to the complaint and indicate what measures it will take. If it appears that returning the product(s) is justified, the Client will be credited with the amount corresponding to the faulty product, and will have to return the defective items at the Brasserie Dupont’s expense. If, on the other hand, it appears that the returned product is in good condition, the Client must refund the costs incurred for an unjustified complaint. It is the Client’s responsibility to respect general good storage conditions (in terms of the premises, temperature, protection against frost, sunlight and rain, application of the FIFO rule etc.). The Brasserie Dupont reserves the right to refuse any complaints and/or returns if these conditions are not respected.
Products which, in spite of all the precautions taken, do not meet the normal quality requirements, will only be refunded by the Brasserie Dupont once its responsibility has been demonstrated and when the products have not been abnormally exposed to light, sun, heat, frost, rain, dust etc.
The Brasserie Dupont cannot be held responsible for any indirect damage caused by the goods, including loss of profit or contracts by the Client or damage to other goods or to the environment, except in the event of fraud or gross negligence.
Under no circumstances can the Client return the products or make a replacement purchase without the prior agreement of the Brasserie Dupont.
In addition, no returns will be accepted after the use-by date.
Subject to any guarantee provided by the Brasserie Dupont, the latter’s liability is limited to the invoice value of the products delivered and in any case this liability is limited to that imposed by law.
The Client acknowledges that the Brasserie Dupont does not guarantee that the products meet the regulations or requirements applicable in any territory, except for compliance with the regulations and requirements that prevail in Belgium.
The Brasserie Dupont offers the legal warranty periods applicable to Consumers.
10. FORCE MAJEURE AND EXCEPTIONAL DIFFICULTIES
Any circumstances which, at the time the offer was drawn up, were reasonably unforeseeable, and which make the performance of the contract more burdensome or more difficult than expected from an administrative, technical, financial or other point of view, will be considered as force majeure.
In addition to the automatic suspension of the services and/or the right to terminate the contract automatically without charge or compensation, they give the Brasserie Dupont the right to request a revision or compensation just by notifying the Client in writing. In these circumstances, the deadline will automatically be suspended for as long as the force majeure continues, plus the time required to restart the services, which will be at least two working days. In the event of force majeure lasting more than one calendar month, the contract may be cancelled without charge or compensation.
In particular, the following are regarded as examples of force majeure: war, roadblocks, insurrection, epidemics, pandemics, natural circumstances, strikes or lockouts, fires, floods, seizure, lack of means of transport, general shortage of raw materials or products, limitations on energy consumption, disruption to the business, energy supply, a (telecommunication) network or connection or the communication systems used and/or the unavailability at any time of the website, late delivery or absence of a delivery by the Brasserie Dupont or one of its suppliers. In the event of force majeure, the Client will not ask for the contract to be terminated or arrange for a third party to provide the services on the Brasserie Dupont’s behalf.
11. FINANCIAL SECURITIES
In accordance with the provisions of the law of 15 December 2004 on financial securities, the Brasserie Dupont has the right ipso jure to automatically retain and offset all undisputed, due and reciprocal debts between it and the Client.
12. PROCESSING OF PERSONAL DATA
The way in which the Brasserie Dupont collects and uses personal data is governed by Belgian legislation, and more specifically by (i) the European Regulation (EU) 2016/679 of 27 April 2016 (General Data Protection Regulation, which came into force on 25 May 2018 – the “GDPR”) and (ii) the Law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
The Brasserie Dupont confirms that any processing of the Client’s or any data subject’s personal data complies with the aforementioned Regulation.
The Brasserie Dupont and its staff are in no way responsible for any personal data to which they may be exposed outside of their control.
13. APPLICABLE LAW – JURISDICTION
If the Client is a natural person or a legal entity that acquires or uses the products for non-professional purposes, disputes between the Brasserie Dupont and this Client will be referred to the courts of the Client’s domicile. In all other cases, disputes will be referred exclusively to the competent courts of the district where the head office of the Brasserie Dupont is located, subject to the possibility for the Brasserie Dupont to decide that the courts of the district where the Client’s head office is located are competent. Belgian law applies and articles 1 to 4 (inclusive), 40 and 89 to 101 (inclusive) of the Vienna Convention are excluded.