GDPR, Privacy & Algemene Voorwaarden

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Disclaimer

Read more about our privacy policy

1: General provisions
 
By accessing and using the website, the visitor and/or Customer expressly agrees to the following General Terms and Conditions (‘Terms and Conditions’) that apply to any order placed by a visitor to this website (‘Customer’) with Brewery & Distillery Wilderen. Placing an order through the webshop of Brewery & Distillery Wilderen implies that the Customer has consulted the Terms and Conditions and explicitly accepts their application, to the exclusion of all other terms and conditions. Additional provisions by the Customer are excluded, unless they were previously, in writing and expressly accepted by Brewery & Distillery Wilderen.
 
Intellectual property rights
The contents of this site, including the brands, logos, drawings, data, product or company names, texts, images, etc. contained herein are protected by intellectual property rights and belong to Brewery & Distillery Wilderen or third parties with rights therein.
 
Limitation of liability
The information on the website is of a general nature, is not adapted to personal or specific circumstances and can therefore not be considered as personal, professional or legal advice to the user. 
 
Brewery & Distillery Wilderen makes great efforts to ensure that the information made available is always complete, correct, accurate and up to date. In spite of these efforts, inaccuracies may nevertheless occur in the information made available. If the provided information should contain any errors or if certain data would not be available on or through the site, Brewery & Distillery Wilderen will strive to correct this as quickly as possible.
 
Brewery & Distillery Wilderen cannot be held responsible for direct or indirect loss or damage caused by the use of the information on its site.
If you should notice any inaccuracies on the site, you can always contact the site administrator.
The content of the site (including links) may be adapted, modified or supplemented at any time without notice or notification. Brewery & Distillery Wilderen gives no guarantees for the proper functioning of the website and cannot be held liable in any way for the malfunctioning or temporary availability or unavailability of the website or for any other form of damage or loss, whether direct or indirect, which may arise from access to or use of the website. 
 
Brewery & Distillery Wilderen can in no case and/or towards anyone be held liable, directly or indirectly, in a special or other way, for any damage or loss due to the use of this site or any other as a result of links or hyperlinks, including and without limitation, all losses, work interruptions, damage to programs or other data on the computer system, equipment, software, etc. of the user.
 
The website may contain hyperlinks to websites or pages of third parties or refer to them indirectly. The posting of links to these websites or pages in no way implies endorsement of their content. 
Brewery & Distillery Wilderen expressly declares that it has no control over the content or other characteristics of these websites and cannot, under any circumstances, be held liable for their content or characteristics, or for any other form of damage or loss resulting from their use.
 
Applicable law and competent courts.
Belgian law applies to this site. In case of a dispute only the courts of the district of Hasselt are competent (see also clause 16).
 
2: Pricing
 
All prices mentioned are expressed in EUR, always including VAT and all other taxes - to be borne by the Customer. If delivery, reservation or administration fees are charged, this will be stated separately. 
 
Quotations apply only to the items as described verbatim. The accompanying photo is intended to be illustrative but may contain elements not included in the price.
 
3: Products
 
The products offered through the webshop are only available to Customers residing in the European Union. The articles are intended exclusively for normal private use and for Customers who are over 18 years of age on the day of purchase and delivery. 
 
Despite the fact that the catalogue and website have been composed with the utmost care it is always possible that the information offered proves to be incomplete, contains material errors or is not up to date. Brewery & Distillery Wilderen is not bound by any obvious mistakes or errors in the products. As far as the correctness and completeness of the information offered is concerned, the company is only bound by a best efforts obligation. Brewery & Distillery Wilderen is in no way liable for material errors such as typesetting or printing errors.
If you have specific questions about, for example, sizes, colours, availability, delivery times or delivery methods, we request that you contact our Customer service department first (see clause 12). 
 
The product range on offer is always valid as long as supplies last and can at any time be adapted or withdrawn by Brewery & Distillery Wilderen, which cannot be held responsible for the unavailability of a product.
 
4: Online purchases
 
All purchases must be made through the Brewery & Distillery Wilderen website. Please follow the order instructions on the screen. 
 
The items will be delivered to the Customer’s home or via another agreed delivery method (see clause 7) on the delivery date indicated in the confirmation email. 
 
Brewery & Distillery Wilderen is entitled to refuse an order (in writing) on the grounds of a serious shortcoming on the part of the Customer with regard to the order or any other order or agreement involving the Customer.
 
5: Retention of title
 
The delivered articles remain the exclusive property of Brewery & Distillery Wilderen until paid for in full by the Customer. 
However, the risk of loss or damage passes to the Customer from delivery. The latter undertakes, if necessary, to draw the attention of third parties to the retention of title of Brewery & Distillery Wilderen, for example to persons who might come to seize articles that have not yet been paid for in full.
 
6: Penalties for non-payment
 
Without prejudice to the exercise of other rights available to Brewery & Distillery Wilderen, in case of non-payment or late payment, the Customer shall be liable, automatically and without notice, to interest of 10% per year on the unpaid amount. In addition, the Customer shall be liable, automatically and without notice, to pay a fixed fee of 10% of the amount in question, with a minimum of 25 euros per invoice. 
 
Without prejudice to the foregoing, Brewery & Distillery Wilderen reserves the right to take back items that have not been paid for (in full or otherwise).
 
7: Delivery
 
Can I pick up my package myself?
Yes, you can, by appointment. Unless you are buying a product that is shipped via drop-shipping. In this case (only in the case of lighting elements of Relight  en Blaanc!) the article is sent to you directly by the distributor and does not make an intermediate stop at Brewery & Distillery Wilderen. This results in different shipping costs and delivery times. These can of course be found with the product description on our website. 
 
Where can I have my package delivered?
You can choose: at home or at work,  in an automatic parcel machine or at a Bpost point.
 
Any visible damage and/or qualitative shortcomings of an article or any other shortcomings upon delivery must be reported immediately.
 
8: Warranty
 
a. Legal warranty (for consumers only)
 
According to the law of September 21, 2004, on the protection of consumers in the sale of consumer goods, consumers have legal rights. Each item is subject to the statutory warranty from the date of purchase by (possibly: delivery to) the first owner. These rights remain unaffected by any other commercial warranty.
 
b. General
 
In order to invoke the warranty provisions, the Customer must be able to present proof of purchase. 
 
For items purchased online and delivered to the Customer’s home, the Customer must contact the Brewery & Distillery Wilderen Customer Service in advance after which the Customer must return the item at his/her own expense. 
 
Any defect should be reported by the consumer within a period of 2 months after receiving the product. Afterwards, any right to repair or replacement expires. 
 
The warranty (commercial and/or statutory) is never applicable to defects caused by accidents, neglect, abnormal or incorrect use of the article, non-compliance with the user instructions or manual, modifications or alterations to the product or poor maintenance. 
 
It also does not apply to items with a short(er) lifespan or products subject to wear.
Defects which become apparent after a period of 6 months following the date of purchase or, where appropriate, the date of delivery, are deemed not to be hidden defects, unless the Customer can prove otherwise. 
 
The warranty is not transferable. 
 
9: Right of withdrawal
 
The provisions of this clause apply only to Customers who purchase items online in their capacity as consumers.
The consumer has the right to notify Brewery & Distillery Wilderen that they have decided not to proceed with the purchase, without payment of any penalty and without giving any reason within 14 days from the day following the delivery of the product. 
Customers wishing to exercise the right of withdrawal must contact the Brewery & Distillery Wilderen Customer Service within the aforementioned period of 14 days and return the goods within 20 days from the date of delivery at their expense to Brewery & Distillery Wilderen - Wilderenlaan 8, 3803 Sint-Truiden (Wilderen), Belgium
Goods with a selling price of €100 or more should be returned by courier (DHL, Fedex, etc.).
 
The Customer may not use the products during the withdrawal period. If the returned product is found to be damaged or in any way diminished in value, Brewery & Distillery Wilderen reserves the right to claim compensation for any diminution in value attributable to the Customer.
 
Only items that are in their original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be returned. 
 
Unless otherwise agreed, the Customer cannot exercise the right of withdrawal for contracts:
  1° regarding the provision of services whose execution has started with the Customer’s consent before the end of the withdrawal period; 
  2° concerning the delivery of goods made to the Customer’s specifications, which have a clearly personal character, which by their nature cannot be returned or are liable to deteriorate or expire rapidly; 
  3° concerning the delivery of audio and video recordings and computer software of which the seal has been broken by the Customer. 
 
10: Privacy
 
Brewery & Distillery Wilderen attaches particular importance to your privacy. 
 
In case the user of the website is asked for personal information, the following provisions apply:
 
– the Data Controller, Brewery & Distillery Wilderen - Wilderenlaan 8, 3803 Sint-Truiden (Wilderen), Belgium, respects the Belgian law of December 8, 1992, on the protection of privacy in the processing of personal data;
 
– the personal data provided by you will be used for the following purposes: our customer management, order processing, sending newsletters, providing information about our activities, our advertising and/or marketing purposes and the like;
 
– you always have a legal right to inspect and possibly correct your personal data. Subject to proof of identity (copy of identity card), you can obtain a written reproduction of your personal data free of charge via a written, dated and signed request to Brewery & Distillery Wilderen. If necessary, you may request to correct data that is allegedly inaccurate, incomplete, or not pertinent;
 
 
-– your personal data will not be passed on, rented or sold to third parties under any circumstances;
 
– you are responsible for keeping your log-in information and password confidential. The latter is stored in encrypted form and Brewery & Distillery Wilderen has no access to it.
 
– Brewery & Distillery Wilderen may collect anonymous or aggregate data of a non-personal nature, such as browser type or IP address, the operating system you use or the domain name of the website that directed you to the Brewery & Distillery Wilderen website, or through which you leave our site. This enables us to constantly optimise the Brewery & Distillery Wilderen website for our users
 
11: Use of cookies
 
During a visit to our site, ‘cookies’ may be placed on your computer’s hard drive. A cookie is a text file that is placed by a website’s server in your computer’s browser or on your mobile device when you access a website. Cookies cannot be used to identify individuals; a cookie can only identify a device. Types of cookies:
 
 – ‘First party cookies’ are technical cookies used by the visited site itself and whose purpose is to make it function optimally. Examples include user settings from previous visits to the site or, for example, a pre-filled form with data entered by the Customer during previous visits. 
– ‘Third-party cookies’ are cookies that do not originate from the website itself, but rather from third parties, such as an available marketing or advertising plug-in from Facebook or Google Analytics, for example (see below). For such cookies, the site visitor must first give consent. This can be done via a bar at the bottom or top of the website, with a reference to this policy, which does not prevent further browsing of the website.
 
For Google Analytics users, we mention the following:
 
- Our website uses Google Analytics, a web analytics service provided by Google Inc. (‘Google’). Google Analytics uses ‘cookies’ to help the website analyse how users use the site. The information generated by cookies about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. The company may transfer this information to third parties if the service is required to do so by law, or to the extent that these third parties process the information on Google’s behalf. The Company will not combine Your IP address with any other data at its disposal. As mentioned above, you can refuse the use of cookies by selecting the appropriate settings in your browser. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
 
You can set your Internet browser to not accept cookies, to notify you when a cookie is installed, or to delete cookies from your hard drive afterwards. You can do this through the settings (the help function) of your browser. Keep in mind that certain graphical elements may not appear correctly or you may not be able to use certain applications. 
 
By using our website, you agree to our use of cookies.
 
12: Violation of validity - non-renunciation
 
If any provision of these Terms and Conditions is declared invalid, unlawful or void, this shall not in any way affect the validity, legality and applicability of the other provisions. 
 
Failure, by Brewery & Distillery Wilderen, at any time to enforce any of the rights enumerated in these Terms and Conditions, or to exercise any of the rights hereof, shall never be considered a waiver of any such provision and shall never affect the validity of these rights. 
 
13: Brewery & Distillery Wilderen Customer Service 
 
The Brewery & Distillery Wilderen Customer service can be reached at the email address info@brouwerijwilderen.be or via postal mail at the address: Brewery & Distillery Wilderen - Wilderenlaan 8, 3803 Sint-Truiden (Wilderen), Belgium
 
14: Amendments to the Terms and Conditions 
 
The General Terms and Conditions of Sale of Brewery & Distillery Wilderen may be supplemented by other provisions where explicitly referred to. In case of contradiction, the former clauses shall prevail. Brewery & Distillery Wilderen may change them at any time without further notice. Any purchase after such change shall constitute an acceptance by the Customer of these new Terms and Conditions. 
 
15: Proof
 
The Customer accepts that electronic forms of communication and backups may serve as evidence. 
 
16: Applicable law - Competent court 
 
Belgian law shall apply, with the exception of the provisions of private international law concerning applicable law and with the clauses of the Rome I Regulation in connection with international sales contracts relating to movable property. In case of any disputes, only the courts of Leuven are competent. 
 
 
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