Article 1: Scope of application
The present general terms and conditions of sale govern the contract between Premium Spirits, having its head office at rue de l'Ancienne Passerelle n°15 in Saint-Léger, and its customers. The conclusion of any order between the parties automatically implies the acceptance of these terms and conditions by the customer. Only the particular conditions indicated in the contract or the order form or agreed upon in writing between the parties can derogate from them. These terms and conditions apply to all offers, order confirmations, deliveries and invoices of Premium Spirits.
Article 2: Offers and orders
Offers made and issued by Premium Spirits are without obligation and have a maximum duration of 30 days from the date of the document. Any order made by the customer, in writing or orally, is immediately and irrevocably binding.
Article 3: Delivery
The products are delivered within 48 hours (except in cases of force majeure) after receipt of the order form and the voucher and subject to availability of products. The orders are sent via carrier without tracking number and with signature at the reception. A minimum amount of €750,- in Belgium and €1000,- in Luxembourg is required to be delivered free of charge. If the order does not reach the above amounts, then a delivery fee of €25,- will be charged.
Article 4: Cancellation
Orders must be cancelled in writing to email@example.com or by refusing delivery. In the event of a cancellation, Premium Spirits will not charge any compensation to the customer.
Article 5: Selling price
The selling price is the one mentioned on the delivery note and the invoice issued by Premium Spirits or on any other document of this type. The selling price does not include VAT but excise and ecotax. Premium Spirits reserves the right to revise its prices at any time in accordance with legal requirements. The new price is the one mentioned on the invoice.
Article 6: Excise duties
If the customer communicates, before the invoice is issued, a valid excise approval number, then we issue an E-AD document. This E-AD document must be cleared by the customer within 7 days of receipt of the order, otherwise the amount of the excise duty will be charged to the customer.
Article 7: Payment
Unless otherwise agreed, Premium Spirits' invoices are due within 30 days from the date of invoice. Payments are to be made to the account expressly indicated on the invoice document with the appropriate communications. Invoices are sent by post and by email within 15 days after the delivery of the order.
Article 8: Force majeure
Force majeure is any circumstance beyond the control of the parties, which is not attributable to the fault of one of the parties, which is of such a nature as to render any requirement for compliance with the agreement by one of the parties unreasonable or impossible and which is not provided for by law, a legal act or commonly accepted standards. In the event of force majeure, neither party is obliged to comply with the contract or to pay any compensation. Recognized cases of force majeure are state measures, war, terrorist attacks, natural disasters and epidemics. The parties reserve the right to suspend obligations under the contract for the duration of the force majeure. If the circumstances persist after 15 days, either party may terminate the contract without compensation to the other party. However, the party deciding to terminate the order must imperatively inform the other party.
Article 9: Objections - remarks
Any complaint regarding the products must be notified to Premium Spirits within 24 hours after delivery, by e-mail to firstname.lastname@example.org, mentioning explicitly the invoice number concerned or, in the absence of this, the delivery note given at delivery.
Article 10: Cessation of property / Reserve of property
The delivered products remain the property of Premium Spirits until full payment of the invoice. Once the delivery is checked and accepted, the risks of deterioration, destruction and theft of the delivered products are borne by the customer.
Article 11: Contentious matters - applicable law
In case of dispute between Premium Spirits and the customer, only Belgian law is applicable. Any conflict between the two parties will be settled exclusively by the competent court of the judicial district of Tournai and, if necessary, by the Justice of the Peace of Mouscron. The parties undertake to favour, as far as possible, an amicable settlement in the event of a dispute arising from the contract or from subsequent modifications.
Article 12: Validity of the provisions
Premium Spirits reserves the right to terminate the contract or suspend its own obligations, at any time and without notice or compensation to the customer, by right and without prior notice:
*In the event that the customer fails to perform its contractual obligations or if it is found that it will not perform any of its obligations
*In case of bankruptcy, suspension of payment, application for suspension of payment, judicial reorganization, or any other event revealing financial difficulties of the customer
*In case of cessation by Premium Spirits of the exercise of its professional activity or substantial modification of this exercise
*In case of an event of force majeure that lasts more than one month.