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.
- ou/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. Our identification
Who are we:
Abdij Sint-Sixtus VZW
8640 Westvleteren (Belgium)
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. Registration process and conclusion of the agreement
Who can conclude the agreement?
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 Our Products can only be ordered when you are older than eighteen (18).
Offer and assortment
4.3 Our Products are not intended for commercial or professional use and can only be picked up in our collection point, being the sales centre at the Abbey (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.
4.4 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.
4.5 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.
4.6 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.
4.7 We consider the declaration of incorrect or false personal data to be an infringement of the Terms and Conditions. It is your responsibility to correct or remove obsolete information.
4.8 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.
4.9 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.
4.10 You will receive an e-mail confirming the order and pick-up date. In the e-mail you can also find an overview of the ordered Product and the price. A QR code is also sent to you. This code must be shown when you pick up the Product.
4.11 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 and (iii) in case you repeatedly do not pick up your order. In such case(s) we also reserve the right to block you.
Collection of the Products
4.12 You can collect the Products at the time indicated in the email you received after the order.
4.13 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 pick-up of the order.
4.14 If you do not collect the order without having informed us, we are entitled to charge a service fee of 10 euros.
5. Price and payment
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). Please note: payements withe corporate cards are not accepted. 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. When you order the Products, the full price will be pre-authorised for credit cards or paid in case of debit cards. The pre-authorisation is paid at the time of the effective collection of the Products.
6. Expiry date
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. Return of the empties
7.1 The crates and the bottles (hereinafter collectively referred to as ‘empties’) remain our property. Except on Friday, Sunday and statutory holidays, the empties may be returned during the opening hours as stated on our 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.
8. Right of withdrawal
8.1 Based on the right of withdrawal, you can still refrain from your purchase within fourteen (14) days from the day of collection of the Trappist Westvleteren and any additional Products. You are not obliged to pay a fee or give an indication of a motive.
If you wish to invoke the right to withdrawal you must always communicate this writing in an explicit, unambiguous manner to us. You can do this by completing the withdrawal form
that you can find on our website <link>. This communication must take place within fourteen (14) calendar days from the day of collection of Trappist Westvleteren and any Additional Products.
8.3 We kindly request you to always mention the order number. That order number is indicated in the confirmation email of the reservation and the 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 bring back the Trappist Westvleteren and any additional Products. You are responsible for bringing back the Trappist Westvleteren and the purchased Additional Products. You bear the costs of returning the Trappist Westvleteren and the Additional Products.
8.5 If you have returned to us the Trappist Westvleteren and the Additional Products, we will reimburse you the actual amount paid with the same payment method as the original transaction was carried out, unless you expressly otherwise agreed. In any case, no fee will be charged for the refund.
8.6 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.
8.7 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. This warranty period may be shorter if it corresponds to the normal life expectancy of the Product. You may make use of this right if the purchased Product does not match the requested goods. You may not, however, invoke the statutory guarantee for any term changes or changes in delivery place or for defects of which you were aware at the time of the sale.
9.2 The statutory guarantee can be invoked if the non-conformity of the Product is established within 2 years as from the delivery of the Product, or shorter if it corresponds with the normal life expectance 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).
b) 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.
10.5 If, however, we are held liable, the amount of the compensation will be limited to the total amount paid for the Products.
11. Protection of personal data
11.2 For the ordering of the Products, the full amount is paid. For this we make use of the payment provider Ingenico. In order 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. Intellectual property rights
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. Customer's service
13.1 We strive to keep our customers happy. Our customer service is available to you via the contact page of this website 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. Force majeure
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 such as, but not limited to fire, strikes and lockouts, storm, flooding, IT, internet or telecommunication disorders, the non-timely delivery of suppliers or other third parties engaged, exhaustion of the stock, decisions or interventions by the Government (including the refusal or cancellation of a permit or license), fuel shortages, errors or delays due to third parties.
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.
15.4 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. Applicable law/competent courts
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 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.