ARTICLE 1. GENERAL TERMS AND CONDITIONS OF SALE
Welcome to the internet site of Secret Vineyards BV (www.secretvineyards.be).
Your use of the secretvineyards.be site is subject to the following terms and conditions. If you do not agree to any of these terms of service, please do not access or otherwise use the secretvineyards.be site. Your use of the secretvineyards.be site shall be deemed to constitute your agreement to each of the terms and conditions set forth below. The terms of service may be updated by secretvineyards.be from time to time, with or without notice to you. Your continued use of the secretvineyards.be site will signify your agreement to any changes to the Terms of Service.
ARTICLE 2. APPLICATION AND CONTACT DETAILS
These General Terms and Conditions of Sale apply to all sales of products by Secret Vineyards BV.
Registered office: Busleidengang 1A Bus202, 3000 Leuven, Belgium
VAT: BE 0849.824.225
IBAN: BE88 7350 3183 1041
BIC: KREDBEBB
E-mail address: info@secretvineyards.be
Telephone number: +32 497 172205
Website: www.secretvineyards.be.
The contact details of our logistics partner DistriMedia are the following:
Industriepark Noord 5A, 9100 Sint Niklaas – Belgium
info@dsitrimedia.be / www.distrimedia.be
TEL : 0032 (0)3 760 30 11
ARTICLE 3. OBLIGATIONS OF THE USER
You agree not to do any of the following while using the secretvineyards.be site:
– Intentionally or unintentionally violate any applicable law or regulation.
– Access, tamper with, or use any non-public areas of the secretvineyards.be site or secretvineyards.be computer systems. Any unauthorised person attempting to access or tamper with such areas may be subject to criminal prosecution.
– You shall not access the secretvineyards.be site through any manual or automated process for any purpose other than to purchase secretvineyards.be products and services as expressly permitted by these terms and conditions. Use of any automated system or software to extract data from the secretvineyards.be site (“data scraping”) is prohibited, whether for commercial or non-commercial purposes.
– Framing or linking to the secretvineyards.be site is prohibited, unless authorised in writing by secretvineyards.be.
ARTICLE 4. SALE OF ALCOHOLIC BEVERAGES
Secret Vineyards BV will not sell alcohol to persons under the age of 18. By using this site, you swear and affirm that you are over 18 years of age. By using this site, you acknowledge that the person receiving a shipment of alcoholic beverages from secretvineyards.be is over 18 years of age. If you do not agree to these terms of use, please do not use this site. If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under 18 years of age, secretvineyards.be will prosecute you to the fullest extent of the law.
If there is any doubt about the Customer’s age at the time of delivery or collection, his or her identity card will be requested. If the Customer cannot verify to us in any way that he has indeed reached the minimum age of 18, we reserve the right to cancel the transaction.
ARTICLE 5. SUPPLY
Despite the fact that the online catalog and the e-commerce website have been compiled with the greatest possible care, it is still possible that the information provided may be incomplete, contains material errors, or isn’t up to date. The photographs are intended to be decorative and may contain elements not included in the price.
Secret Vineyards BV is in no way liable for material errors, misprints or printing errors.
If the Customer has specific questions about e.g. availability, delivery period or delivery method, we request the Customer to contact our Customer service department in advance via info@secretvineyards.be.
The offer is valid while stocks last and can be modified or withdrawn by Secret Vineyards BV at any time. Secret Vineyards BV can not be held responsible for the unavailability of a product.
ARTICLE 6. ACCEPTANCE, CANCELLATION, AND REFUSAL OF ORDERS
Orders are only valid and binding after acceptance by Secret Vineyards BV. Due to possible stock shortages for certain wines or years, orders can only be accepted depending on the availability of the wines, without any promise regarding prices or quantities. Secret Vineyards BV reserves the right at all times to refuse an order via info@secretvineyards.be, without any justification and at any time, even to existing Customers and regardless of the duration of the commercial relationship between the parties and the possible efforts made and costs incurred by the Buyer for the resale of the goods (inclusion on menus, website, etc.). Secret Vineyards BV is not liable for any costs incurred by the purchaser as a result of the refused delivery. Under no circumstances can the Customer claim compensation for not delivering the requested quantities when our stocks are insufficient.
The purchaser can cancel his order before delivery by paying Secret Vineyards BV a fixed and non-refundable compensation equal to 15% of the total value of the order. After delivery, an order can no longer be canceled.
The purchaser explicitly waives the rights provided for in articles 1587 and 1588, insofar as applicable, of the Civil Code.
ARTICLE 7. PRICE (CHANGES) – EXCISE DUTIES AND CHARGES – PROMOTIONS
Secret Vineyards BV is permitted to unilaterally change the prices stated on the price list and the website at any time, both for reasons beyond the control of the Seller (increase in raw material prices, increases in government charges, crop failures, etc.) and in response to possible market fluctuations beyond the Seller’s control. The Buyer declares his irrevocable agreement with this.
Unless explicitly stated otherwise, all sales prices quoted include Belgian excise duties and taxes. For deliveries to the Netherlands, France, and other countries, the difference between the excise duties and taxes of the country of delivery will be set off against the Belgian price. The difference depends on the nature, volume, and content of the goods. For some countries, additional local taxes and charges may be payable when importing wines. These are not included in our prices and must be paid by the Customer to the competent authorities. This applies to both private Customers and wine traders.
The promotions applicable to the orders are those in force on the order date.
ARTICLE 8. PAYMENT
Unless otherwise determined in writing by Secret Vineyards BV, all invoices must be paid directly upon ordering the goods. Without prejudice to any damages, and without prior notice, any invoice or any balance of an invoice that has not been paid on the due date shall automatically be subject to the interest rate applicable under the Act of 2 August 2002 on the fight against payment arrears in commercial transactions, as from the due date. In addition, any amount unpaid on the due date will be increased, ipso jure, by an amount equal to 12% of the amount owed, with a minimum of EUR 100, as fixed compensation.
All other collection costs not included in the liquidated damages will be charged separately to the defaulting Buyer.
The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
Transactions are conducted via the secure payment system Mollie. The consumer can choose to pay via Bancontact, Credit Card, Belfius Direct Net, and KBC/CBC Payment Button.
ARTICLE 9. DELIVERY
The place of delivery is the address that the consumer has given to the company. Secret Vineyards BV partners with the logistics company DistriMedia. DistriMedia will send the goods via their chosen courier service. For domestic B2C shipments (Belgium), DistriMedia chooses the courier service PostNL, for domestic B2B shipments (Belgium) GLS and for international shipments DHL. DistriMedia can change the courier service at any time.
Secret Vineyards BV will execute accepted orders with convenient speed but at least within 30 days unless a longer delivery period has been agreed. The estimated delivery time for deliveries in Belgium is 1-3 calendar days. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order.
The delivery times provided are purely indicative and are in no way binding on the seller. Possible delays in the delivery of the goods do not give any right to compensation and cannot be used by the Buyer to dissolve the agreement with Secret Vineyards BV.
For any order over € 222, our goods will be delivered free of shipping and transport costs (as far as the delivered goods are destined for the Belgian territory). Orders with a value of less than €222 will be executed at the applicable surcharge rates for shipping/transport, explicitly mentioned on www.secretvineyards.be.
For deliveries outside the Benelux, the Buyer can contact Secret Vineyards BV via e-mail (info@secretvineyards.be).
ARTICLE 10. DEFECTS AND COMPLAINTS
The Buyer undertakes to accept the goods sold immediately upon delivery and to examine whether the quality and/or quantity of the goods delivered corresponds to what was agreed. Any visible defects concerning the goods delivered must be reported immediately to the carrier, under penalty of nullity, and no later than 48 hours after delivery to info@secretvineyards.be. Please provide a description of the damage and attach photos. This information is very important for us to ensure that our products are packaged and shipped properly. We will ensure that the damaged products are replaced.
Secret Vineyards BV is not responsible for any loss, damage, etc. that occurs to an order after it reaches its destination. Complaints for visible defects are only valid and will only be investigated on the condition that the goods sold have not yet been used or resold.
The risk of loss or damage shall pass to the Customer as soon as he (or a third party appointed by him and not being the carrier) takes physical possession of the goods.
If goods sold exhibit a so-called ‘cork taste’, the purchaser must immediately and without delay send the affected goods (including the cork) to Secret Vineyards BV, after which a tasting test will take place. If the test confirms the cork taste, the goods concerned 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 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 the purchase of the goods. The foregoing regarding the exchange for cork flavor does not apply to wines with a price higher than EUR 10 per item.
We replace items only if they are defective or damaged. If you wish to exchange it for the same item, please send an e-mail to our Customer service at info@secretvineyards.be.
Any complaint concerning invoicing must be notified to info@secretvineyards.be within 48 hours of receipt of the invoice, also under penalty of nullity.
ARTICLE 11. RIGHT OF WITHDRAWAL
Returns and cancellations shall only be accepted within 14 days of the day on which the Customer, or a third party designated by the Customer and other than the carrier, takes physical possession of the last item. To be eligible for a return, your item must be unused and in the same condition as you received it. It must also be in its original packaging.
To return your wine, please contact Secret Vineyards BV first at info@secretvineyards.be. If the product is received by our logistics partner DistriMedia in unused and undamaged condition and in the original packaging, we will refund your purchase.
The Customer is on time if he returns the goods before the period of 14 calendar days has expired. Returned goods will only be accepted if they are transported at the expense of the Buyer, at his risk, and after a prior written agreement by Secret Vineyards BV.
In the event that the returned product has diminished in value in any way, Secret Vineyards BV reserves the right to hold the Customer responsible and claim compensation for any diminution in value of the goods resulting from the use of the goods by the Customer beyond what is necessary to establish the nature, characteristics, and operation of the goods.
Only items that are in their original packaging, together with all accessories, instructions for use, and invoice or proof of purchase may be returned.
Once your return has been received and inspected, we will send you an e-mail to inform you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If your refund is approved, it will be processed and automatically credited to your credit card or original payment method within a certain number of days. Any pay-outs will be made at the discretion of Secret Vineyards BV.
Secret Vineyards BV will refund the cost price of the product as soon as possible, but no later than 30 days after the return or withdrawal.
ARTICLE 12. RETENTION OF TITLE
Ownership of the ordered goods will only be transferred after full payment of the price if applicable increased by costs, interest, and possible damages. Nevertheless, the risks of loss, damage, or destruction of the sold goods will be borne entirely by the Buyer from the moment the sold goods are delivered to him. In the event of mixing of non-paid wine from Secret Vineyards BV with the Buyer’s own goods (e.g. wine previously purchased and paid for by Secret Vineyards BV), the retention of title will consequently extend to the whole of the mixed goods.
ARTICLE 13. JOINT AND SEVERAL LIABILITY
If there are several purchasers, all purchasers are deemed jointly and severally liable for all obligations arising from these General Terms and Conditions of Sale.
ARTICLE 14. RESALE
In the event that the Buyer chooses to resell or promote the goods on the Internet (e-commerce), the Buyer shall present the goods in such a way that this does not damage the prestigious brand image of the goods and Secret Vineyards BV. The Buyer must obtain the prior written consent of Secret Vineyards BV for any use of the trademarks distributed by Secret Vineyards BV in the context of the promotion or sale of the goods on the Internet.
The Buyer shall only resell the goods in the original packaging supplied by Secret Vineyards BV. The purchaser is expressly forbidden to use this packaging for packaging other goods and/or commodities. In any event, the purchaser is prohibited from selling the goods in airplanes, as well as in any other establishment that applies duty-free tariffs or any tax-free tariffs whatsoever. The purchaser undertakes to provide Secret Vineyards BV with a copy of all requested information, orders, invoices, accounting documents, or in general all documents relating to the merchandise and their delivery or sale or in general all accounting documents relating to the foregoing.
In the event of any breach of this provision, Secret Vineyards BV reserves the right to suspend any delivery and/or to dissolve the agreement ipso jure, without notice and without prior judicial intervention, without prejudice to its right to take any other action to compensate for any damage arising directly or indirectly from the fraudulent actions of the offender. When a violation of this provision is established with regard to a part of a delivery of goods, it is irrefutably presumed that the violation applies to the entire lot. Secret Vineyards BV is in no way liable to third parties with whom the violator has entered into an agreement or commitment, in particular in the event of tax fraud or attempts to evade taxes and/or duties. Moreover, the purchaser-reseller undertakes to include this provision in his general terms and conditions of sale.
ARTICLE 15. DISSOLUTION OF THE AGREEMENT
Secret Vineyards BV is entitled to dissolve the agreement with the Buyer at any time, with immediate effect, without judicial intervention, without prior notice of default, and without payment of any compensation, in the following cases:
i. If the Buyer, despite written notice of default observing a term of at least two (2) calendar days, remains in default with regard to the (timely and proper) fulfillment of one or more obligations arising from the agreement;
ii. In the event of cessation of payment/non-payment on the due date, dissolution, liquidation, judicial reorganization, insolvency, or (the filing of) a petition in bankruptcy by the Buyer;
iii. In the event of liquidation or cessation of the Customer’s business;
- If the legal situation or the control over the Customer changes;
- If all or part of the Customer’s assets are seized;
- If the Customer refuses to make an advance payment or to provide other securities requested by Secret Vineyards BV;
vi. In the event that Secret Vineyards BV has reasonable grounds for doubting that the Customer will comply with its obligations towards Secret Vineyards BV.
Dissolution applies to all or part of the deliveries not made, as well as to any subsequent deliveries. Also, it gives rise to the immediate suspension of any new delivery as well as the immediate and ipso jure claimability of any other delivery/not-paid invoice, without any further notice of default being required. Any advance paid by the Buyer shall be applied as a priority to settle the unpaid part of the claim.
Finally, Secret Vineyards BV reserves the right to claim compensation for costs, interest, and damages incurred.
ARTICLE 16. FORCE MAJEURE
Secret Vineyards BV will in no event be liable for any interruption or delay in the performance of its contractual obligations to the Buyer as a result of strikes, lock-outs, or other labor disputes, natural disasters, pandemics, embargoes, war, riots, civil disturbances wilful damage, compliance with any law, regulation, ordinance or directive, accident, breakdown of plant or equipment, fire, flood or storm or any other cause beyond the reasonable control of Secret Vineyards BV or the aftermath of the foregoing. In such cases, Secret Vineyards BV reserves the right – after notifying the Buyer – to terminate the agreement, by operation of law and without prior notice of default, without such termination giving the Buyer any right to compensation.
ARTICLE 17. APPLICABLE LAW – FORUM
These general terms and conditions of sale are governed by Belgian law.
Secret Vineyards BV and the purchaser shall endeavor to settle disputes arising from the application and/or interpretation of these general terms and conditions of sale or the performance of the contractual obligations between them amicably. In the event that no amicable settlement can be reached, the Leuven Business Court shall have sole jurisdiction. However, Secret Vineyards BV reserves the right to submit any dispute to a competent court of its choice.