Terms and Conditions

 

1.1 In these Terms and Conditions, the following is understood under:

‘Additional Products’: Other than the Trappist Westvleteren that can be purchased through our website. 

‘Terms and Conditions’: The present general Terms and Conditions applicable to the relationship between you and us with the purchase of Products.

‘Agreement’: Any agreement whereby we undertake to provide the Products to you upon compliance with the Terms and Conditions. 

 

‘Party/Parties’: you and/or we

 

‘Products’: Trappist Westvleteren and/or the Additional Products

 

‘Trappist Westvleteren’: the Trappist Westvleteren Blond (TWblond 5.8 vol. % alc.), Acht (TW8 8 vol. % alc.) and Twaalf (TW12, 10.2 vol. % alc.) which are brewed with natural raw materials and which are the subject of this agreement. The Trappist Westvleteren is always sold per crate of twenty-four (24) bottles. 

 

1.2 You/yours: The client who is a consumer within the meaning of article I. 1, 2 ° of the Belgian Code of Economic Law, being a natural person who acts for purposes outside his trade, business, craft or professional activity. 

We/us/our: Abbey Sint-Sixtus VZW as stated in article 2 of these Terms and Conditions.

 

 

2.1 Who are we:

Abdij Sint-Sixtus VZW 

Donkerstraat 12

8640 Westvleteren (Belgium)

RPR 0405.530.472

 

2.2 Contact: bierverkoop@sintsixtus.be 

Mails will be answered on Tuesdays and Thursdays

 

 

3.1 These Terms and Conditions apply to all orders and purchases of our Trappist Westvleteren and Additional Products. When placing an order, you must expressly accept these Terms and Conditions and agree to the application thereof. These Terms and Conditions apply with the exclusion of all other conditions. Unless expressly accepted by us in writing, your possible general and special conditions are expressly excluded. Notwithstanding the foregoing, these Terms and Conditions do not affect the statutory rights which are compellingly granted to you under the Belgian consumer protection law.

 

3.2 We reserve the right to change these Terms and Conditions from time to time. However, the version of these Terms and Conditions that are applicable at the time of the order remain in force, as regards the order applicable between you and us.  

 

 

 

4.1 We only conclude agreements with consumers within the meaning of article I. 1.2 ° of the Belgian Code of Economic Law, being natural persons who do not pursue economic goals and act outside their business or professional activity. You undertake not to sell the Products on. In case of breach of this obligation, we are entitled to refuse you in the future to order further Products. In addition, if this provision is breached, you may be qualified as a trader, so you must comply with all tax and administrative obligations. In the absence of this, you are exposed to criminal penalties.

 

4.2 In the context of the Corona virus, we would like to draw your attention to the fact that you must always comply with the measures taken by your government. Do not make the trip if this is not permitted and respect the safety regulations at all times. The Abbey cannot be held responsible for violations committed by you, nor for the impossibility of making a purchase.

 

4.3 Our Products can only be ordered when you are older than eighteen (18).

Offer and assortment

 

4.4 Our Products are not intended for commercial or professional use and may be picked up at our collection point or shipped to your home, depending on the type of sale. Our website will inform you whether it is a sale with shipping or a sale with collection.    

 

4.5 Pick up is done at the abbey sales centre (address Donkerstraat 12, 8640 Westvleteren (Belgium). Our Products can be picked up at the date and time you choose during the registration and reservation process set out below.

 

4.6 Shipment will be made to the address provided by you when creating your account.

 

4.7 Images on the website are intended to be illustrative and may contain elements that are not included in the Product offered for sale and are not included in the indicated retail price. However, such cases are apparent from the description of the Product offered for sale. In case of doubt or possible ambiguous interpretation, you can always contact us. We are not liable for obvious press or printing errors.

 

4.8 Because of our small-scale production, it is possible that the number of requests exceeds the available quantity. In the case of busy times on the website, you can be placed in a waiting room to take the load of the server. Accounts with the oldest last order will be served as a priority.  

Registration

 

4.9 To be able to purchase the Products, you must register on the website. To register, you must create a personal profile based on the correct truthful, up-to-date and complete information. The information we need consists of: name, date of birth, address, number, mail and license plate of the car with which you will collect the Products. You can create only one profile.

 

4.10 We consider the declaration of incorrect or false personal data, as well as multiple registrations, to be an infringement of the Terms and Conditions. Anyone who breaches our Terms and Conditions may not purchase any of our products. It is your responsibility to correct or remove obsolete information. 

 

4.11 We cannot guarantee that when you register, you can also place an order effectively. We ask for your understanding of our small-scale way of working.  

 

Order

 

4.12 After registering, you can order the Products via the website. Before you can place an order, you must first accept the Terms and Conditions. The website will indicate per sales session which type of Trappist Westvleteren and in what quantities it can be purchased. You also need to indicate the date and time the Products will be picked up.  

 

4.13 We may refuse the order in the following cases: (i) if we suspect that the order was placed for professional purposes or with the intention to resell, (ii) where there is a serious suspicion of abuse or bad faith, (iii) in case you repeatedly do not pick up your order and (iiii) if you have placed an order in the last 60 days. In such case(s) we also reserve the right to block you.  

 

4.14 Collection: You will receive an e-mail confirming the order and the collection date. The e-mail also contains an overview of the ordered Product and the price. A QR code will also be sent to you. This code must be shown when you pick up the Products.

 

4.15 Delivery: You will receive an e-mail confirming the order. In the e-mail you will also find an overview of the ordered Product and the price. Later you will also receive an e-mail about the shipment with the tracking number of your order.

 

4.16 Until full payment has been received, the Products remain our exclusive property. However, the risk of loss or damage shall pass to you as soon as you (or a third party designated by you) take physical possession of the Products. Please note, however, that although you will retain ownership of the Product after payment in full, you will not own our intellectual property rights (as referred to in clause 12 (Intellectual Property) and you will remain bound by these Terms and Conditions. Such intellectual property rights shall at all times remain vested in us or our licensors.

 

 

4.17 You can collect the Products at the time indicated in the email you received after the order. 

 

4.18 When you pick up the Products, your identity will be checked against the information that was provided during the order. Furthermore, the license plate of the car that you have provided with which you will collect the Products must also be the same as was passed during the order. Finally, the QR code that you receive with the order will also be verified. If the foregoing information does not correspond to the information you have provided us with during the registration, we reserve the right to refuse the collection of the order.  

 

4.19 If you do not collect the order without having informed us, we are entitled to charge a service fee of 10 euros. 

Delivery of the Products

 

4.20 We will make all reasonable efforts to deliver your order within 5 working days.

 

4.21 It is your responsibility to enable delivery to the agreed location in your presence or in the presence of a third party designated by you. Delivery will be deemed to have taken place once the Products ordered have been offered to you once. If an offered delivery is unsuccessful due to a failure on your part or due to a failure on the part of a third party designated by you, you will bear the full cost of any new delivery attempt. If the order is returned to us due to incorrect address details in your account, we are entitled to charge a service fee of 20 euros.

 

4.22 We rely on reliable external parties for the delivery. The use of external parties may have an influence on the delivery. As a result of an undelivered sent order, an investigation will immediately be carried out at the carrier. This takes several days during which no refund or other shipment can be made.

 

 

5.1 The prices of our Products are listed on the website and are pinned at the time of the order. All prices quoted are in EURO and include VAT and any other taxes or fees you may carry. Any other charges are listed separately.  

 

5.2 For the payment of our Products we accept debit cards (Maestro and Bancontact) and credit cards (Visa and MasterCard). We do not accept corporate cards. This payment is done using secure protocols. For this we use an external administrator, being Ingenico ePayments. Ingenico uses "Fraud Expert" to avoid the misuse of your payment data and the prevention of fraud. These payments are subject to the terms and conditions of Ingenico ePayments, which bears sole responsibility for the correct execution of the payments.

 

5.3 When you order the Products, the full price will be paid.

 

 

6.1 The Trappist Westvleteren has an expiry date of:

(a) 1 year for the Trappist Westvleteren Blond

(b) 3 years for the Trappist Westvleteren 8 and Trappist Westvleteren 12 

 

 

7.1 The wooden crates and bottles (hereinafter collectively referred to as ‘empties’) remain our property. The empties can be returned during the opening hours for collection as mentioned on the website.

 

7.2 The empties are only refundable if they are not damaged. The wooden crates hold their value when stored in a dry place. The price of the empties is listed on the website.

 

7.3 The cardboard crate we offer is a one-way packaging. 

 

 

 

8.1 Based on the right of withdrawal, you may cancel your purchase within fourteen (14) calendar days from the day after the day of collection of the Trappist Westvleteren and any Additional Products. You are not obliged to pay any compensation or provide a motive.

 

8.2 If you wish to exercise the right of withdrawal, you must always inform us explicitly, unambiguously and obligatorily in writing. You can do this by filling in the withdrawal form that you can find on our website. This notification must be made within fourteen (14) calendar days from the day after the day of collection of Trappist Westvleteren and any Additional

Products.

 

8.3 We ask you to always mention the order number. That order number is mentioned in the confirmation email of the reservation and collection. We will also send you a written confirmation by e-mail that the agreement has been dissolved.

 

8.4 We will then agree with you when you can return the Trappist Westvleteren and any Additional Products. You are responsible for the return of the Trappist Westvleteren and the purchased Additional Products. You will bear the cost of returning the Trappist Westvleteren and the Additional Products.

 

 

8.5 Based on the right of withdrawal, you may cancel your purchase within fourteen (14) calendar days from the day after the day of delivery of the Products. You are not obliged to pay any compensation or provide a motive.

 

8.6 If you wish to exercise the right of withdrawal, you must always inform us explicitly, unambiguously and obligatorily in writing. You can do this by filling in the withdrawal form that you can find on our website <link>. This notification must be made within fourteen (14) calendar days from the day after the day of delivery of the Products. 

 

8.7 We ask you to always mention the order number. That order number is mentioned in the confirmation email of your order. We will also send you a written confirmation by e-mail that the agreement has been dissolved.

 

8.8 We will then send you the necessary information to print a label that you can use for the return shipment. The cost of the return shipment is at your expense.  

General

 

8.9 If you have returned to us the Trappist Westvleteren and/or the Additional Products, we will refund you the amount actually paid for these Products using the same payment method used for the original transaction, unless you have expressly agreed otherwise. In any case, there will be no charge for the refund.

 

8.10 You are responsible for depreciation of Trappist Westvleteren and Additional Products resulting from the treatment of Products that go beyond what is necessary to establish the nature, characteristics and functioning of the Trappist Westvleteren and the Additional Products. We are entitled to charge the cost of the depreciation in relation to the refund. 

 

8.11 The right of withdrawal does not apply to consumers, who are not members of the European Union at the time of the contract and whose exclusive residence is outside the European Union at the time of sale. 

 

9.1 You have a statutory warranty period of two years. You may exercise this right if the Product purchased does not correspond to the requested item. However, you may not invoke the legal warranty for changes in time or place of delivery or for defects of which you were aware at the time of sale.  

 

9.2 The statutory warranty can be invoked if the non-conformity of the Product is established within 2 years as from the delivery of the Product.

 

9.3 If you wish to make use of your warranty, you must inform us as soon as possible, and at the latest within two months of discovering the defect. This can be done through the collection point where the Products were collected, as mentioned in article 2.1 (Our identification). 

 

9.4 This warranty includes the replacement of the defective Product. If, however, it appears that the substitution is not possible, would be out of proportion for us or would cause you serious inconvenience, then we undertake to allow you an appropriate price reduction or, in case of serious non-conformity, to dissolve the purchase agreement and refund the entire price, provided that you return the Product. 

 

9.5 Non-conformance arises as a result of an accident, a worsening of the condition by negligence, a crash, the use of the article contrary to the purpose and destination for which it was designed, not carefully preserve the Products as mentioned on the website, commercial, professional, incorrect or improper use, will not be able to be remedied on the basis of the legal guarantee.

 

 

10.1 To the extent that this is permitted, we cannot be held liable for indirect damage and consequential damages. Unless excluded by mandatory law, we shall only be liable for damages caused by non-compliance with our obligations, if and to the extent that such damage is caused by our intentional and serious error. We are not liable for any other errors. 

 

10.2 Nothing in these Terms and Conditions is intended to exclude or limit your legal rights. Furthermore, nothing in these Terms and Conditions is intended to limit or exclude our liability for the death or personal injury caused by our negligence (including that of our employees), or for fraud or fraudulent misrepresentation of affairs. 

 

10.3 We take all necessary and reasonable steps to keep our website up-to-date, secure and available at all times. However, we cannot be held liable if we have made all reasonable efforts and we have not been successful. 

 

10.4 The content of our website may contain a link, hyperlink or framed link to foreign websites or other forms of electronic portals. A link does not automatically imply that there is a connection between us and the foreign website, nor that we (implicitly) agree with the content of these websites. We do not control these foreign websites and are not responsible for the safe and correct operation of the link and the final destination. If you click on a link, you will leave our website. We cannot be held liable for any damage resulting from the consultation or use of a foreign website. These foreign websites do not offer the same guarantees as we do. We advise you to carefully read the terms of use and privacy policy of these other websites. 

 

10.5 If, however, we are held liable, the amount of the compensation will be limited to the total amount paid for the Products. 

 

 

11.1 The information that you have provided is necessary for the processing, handling and completion of your orders, and the drafting of the accounts. If this information is missing, your order cannot be executed. The providing of incorrect or false personal data is considered to be an infringement of the present Terms and Conditions. Your personal data will be exclusively processed with our [hyperlink] privacy policy.

 

11.2 For the ordering of the Products, the full amount is paid. For this we make use of the payment provider Ingenico. To place an order and make subsequent payment, you must provide the following information to Ingenico: financial data, names, address and any other information necessary for ordering and payment. We would also like to inform you that the "Fraud Expert" solution is used for the execution of your order. Your personal data will be processed by Ingenico E-Commerce Solutions BVBA in its capacity as responsible for the processing, in order to prevent and fight fraud. The collection of certain personal data is imperative for that purpose. Without this data, your order could be delayed or made impossible and your order could be cancelled. 

 

 

12.1 We guarantee to have the necessary rights to offer our Products. All intellectual property rights and derived rights to these Products remain with us and/or the actual entitled party. Under these intellectual property rights is understood copyright, trademark, design and/or model and/or other (intellectual property) rights, including patentable technical and/or commercial know-how, methods and concepts. 

 

12.2 The content of the website is the property of Abbey Sint-Sixtus VZW. These include texts, graphs, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to take over, publish, multiply or otherwise use this content without written permission from us. 

 

12.3 We attach great importance to intellectual property rights and have taken all possible measures to guarantee protection. The trademarks we use on our website and which can be found on our Trappist Westvleteren are also protected. 

 

 

13.1 We strive to keep our customers happy. Our customer service is available to you by e-mail at bierverkoop@sintsixtus.be or by post or in our premises at the address set out in article 2.1 (our identification). Any questions, complaints or comments about Products, the ordering process can be directed to this.  

 

 

14.1 We are not responsible for complying with our obligations under these Terms and Conditions in the event of force majeure. Force majeure means the situation in which the execution of our obligations is completely or partially prevented, whether or not temporarily, by circumstances beyond our control.

 

14.2 In the event of force majeure, these obligations will be suspended, and we shall make all reasonable efforts to limit the effects of the force majeure situation.

 

 

15.1 If any provision of these general Terms and Conditions (or part thereof) is annulled, declared invalid or unenforceable, this nullity, invalidity or unenforceability shall in no way impair the validity or enforceability of the other provisions of these general Terms and Conditions. In the event of nullity, invalidity or unenforceability, the parties shall, as far as possible, negotiate to replace the void, invalid or unenforceable provision (or part thereof) with an equivalent provision corresponding to the spirit of these Terms and Conditions. 

 

15.2 The fact that we fail to demand the strict application of any of the provisions of these Terms and Conditions cannot be regarded as a tacit waiver of our rights and does not prevent us from subsequently demand the strict observance of these provision’s requirements. 

 

15.3 These Terms and Conditions, including the Cookie Policy, Privacy Policy and Terms of Use, which are an integral part of the general Terms and Conditions, constitute the full representation of the rights and obligations of the parties and supersede all previous agreements and proposals, both orally and in writing, including any provisions of the parties.

 

15.4 The Terms and Conditions shall always and exclusively apply to all current and future agreements between you and us, except in the case of an express deviation. An explicit deviation is only valid in so far as it is the result of mutual agreement between you and us which is expressly recorded in writing. Explicit deviations are only valid to replace or supplement the clauses which they refer to. The other provisions of these Terms and Conditions shall remain fully applicable.

16.1 To the extent permitted by law, all agreements to which these Terms and Conditions apply are governed by Belgian law, excluding the Vienna Convention on International purchase agreements relating to movable property.

 

16.2 You may bring a dispute about these Terms and Conditions before an independent body. You can find more information on this website: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

 

16.3 Any dispute concerning the interpretation or application of these Terms and Conditions fall under the exclusive jurisdiction of the courts of Ypres, unless the law compellingly prescribes another court.