General Conditions

Article 1. Definitions

 

In these terms and conditions, the following terms shall have the following meanings:

a. General terms and conditions: The present provisions that apply to all transactions between Bottleneck and the Consumer or Client.

b. Reflection period: The period in which the Consumer has the opportunity to exercise the Right of Withdrawal.

c. Bottleneck: The legal entity that offers products and/or services, whether or not remotely.

d. Consumer: A natural person who does not act in the exercise of a profession or business and who enters into a (remote) agreement with the Entrepreneur.

e. Durable data carrier: Any medium with which the Consumer or Client can store information in such a way that it can be consulted in the future and reproduced unchanged.

f. Right of withdrawal: The possibility for the Consumer to cancel the Distance Agreement within the reflection period.

g. Calendar day: A single day according to the calendar.

h. Model withdrawal form: A standard form made available by Bottleneck with which the Consumer can exercise his right of withdrawal.

i. Client: A natural person or legal entity acting in the exercise of a profession or business.

j. Distance contract: An agreement concluded via a system organised by Bottleneck for distance sales or service provision, whereby only remote means of communication are used.

 

Article 2. Identity of Bottleneck

BV Bottleneck, with registered office at 2660 Hoboken, at Draaiboomstraat 97 and registered with the Crossroads Bank for Enterprises under number 0795.359.616, reachable by e-mail: lander@bottleneck.be and with website www.bottleneck.be. www.bottleneck.be. (hereinafter: Bottleneck)

 

Article 3. Applicability

a. These general terms and conditions apply, to the exclusion of those of the co-contractor, to every contractual relationship that is established with Bottleneck.

b. If the agreement is concluded digitally, the text of the general terms and conditions will be offered in a manner that can easily be stored on a durable data carrier.

c. If a provision in these terms and conditions proves to be void or is annulled, the other provisions will remain valid and the void provision will be replaced by a provision that approximates the original intention as closely as possible.

 

Article 4. The offer

a. All offers are without obligation and Bottleneck always has the right to change or withdraw them.

b. Mistakes or errors in the offer do not bind Bottleneck.

c. Images and specifications are indicative and cannot give rise to compensation or termination of the agreement.

d. Products are offered according to stock. Bottleneck reserves the right to replace a vintage of a particular wine with another vintage of this wine if it is no longer in stock, provided that the Consumer/Client is notified of this. 

e. If a product is no longer in stock, this can never give rise to compensation. If a certain product is no longer in stock and cannot be replaced by the same wine from a different vintage, the Consumer/Client will be informed as soon as possible and can cancel the purchase free of charge.

Article 5. Orders

a. Orders can be placed via the webshop www.bottleneck.be, via e-mail to one of Bottleneck's e-mail addresses or with an order form during a tasting.

b. Bottleneck only accepts orders from Consumers or Clients established within the European Union.

 

Article 6. Conclusion of the Agreement

a. The Agreement is concluded as soon as the Client or Consumer accepts the offer.

b. Bottleneck nevertheless reserves the right to investigate whether the Client can meet its payment obligations and whether it is responsible to enter into the Agreement (with the Consumer). If this investigation shows that there are valid reasons not to enter into the Agreement (solvency, legislation on the sale of alcohol, etc.), Bottleneck may refuse an order or impose additional conditions.

 

Article 7. Right of withdrawal for Consumers

Upon delivery of products:

a. The Consumer has the right to cancel the agreement without giving any reason within 14 days of receipt of the product.

b. During this period, the Consumer must handle the product and packaging with care. The product may only be used to the extent necessary to assess whether it is retained. If the right of withdrawal is invoked, the product must be returned complete and in its original condition and packaging.

c. The Consumer must notify the cancellation within 14 days of receipt via the Model Form or another form of communication, such as e-mail. The product must then be returned within 14 days, whereby a proof of shipment can serve as proof.

d. If the consumer has not reported the cancellation after the expiry of the stated periods or has not returned the product, the purchase remains final.

In the case of delivery of services:

a. The Consumer has the right to cancel the service without giving any reason within at least 14 days after entering into the agreement.

b. The Consumer must notify the cancellation within 14 days of receipt via the Model Form or another form of communication, such as e-mail.

 

Article 8. Costs in the event of Cancellation

a. The costs for returning a product are for the account of the Consumer.

b. If the Consumer has already made a payment, Bottleneck will refund this amount as soon as possible, but no later than 14 days after cancellation. This is done via the original payment method, unless otherwise agreed.

c. If the product is damaged due to careless actions by the Consumer, a reduction in value may be charged.

 

Article 9. Exceptions to the Right of Withdrawal

a. Bottleneck can exclude certain products and services from the right of withdrawal, provided this is clearly stated in the offer.

b. Exclusion is possible for products that are custom-made based on specifications of the consumer;

c. Exclusion is possible for products and services where the execution has started with the consent of the Consumer within the cooling-off period.

 

Article 10. Delivery and Execution

a. Bottleneck handles orders and requests for services with the utmost care.

b. Delivery takes place at the address specified by the Consumer or the Client.

c. Bottleneck will make every effort to deliver as quickly as possible and strives to deliver orders within 7 calendar days after acceptance, unless otherwise agreed. If delivery is delayed or can only be partially carried out, the Consumer or the Client will be notified of this within 4 calendar days.

d. All delivery times are indicative. The Consumer and the Client cannot derive any rights from any exceeding of the term.

e. If an ordered product is not available, Bottleneck will attempt to deliver a replacement item. This will be clearly communicated prior to shipping.

f. Until the moment of delivery, the risk of loss or damage lies with Bottleneck, unless otherwise agreed.

g. Any complaints about damaged products will only be accepted at the moment of delivery. As soon as delivery has been accepted, the goods will be considered to be in accordance with the order.

 

Article 11. Payment

a. Electronic orders are settled via an external online payment provider. If an order is placed by email or during a tasting, the Consumer will receive an order confirmation with instructions for transfer. Goods will be delivered within 7 calendar days after receipt of payment by Bottleneck.

b. All invoices are payable within 30 calendar days of the invoice date. In the event of non-payment on the due date, a fixed compensation of €250 will be due. Default interest will also be due on the principal sum from the due date in accordance with art. 5 of the law of 2 August 2002 on combating late payment in commercial transactions.

Article 12. Retention of title

a. The delivered goods remain the property of Bottleneck until full payment of the price, plus costs and interest.

 

Article 13. Liability

a. Directors, appointees and employees of Bottleneck can never be held directly liable for any damage resulting from the contractual relationship concluded between Bottleneck and the Client or the Consumer.

 

Article 14. Disputes

a. Agreements with Bottleneck are exclusively governed by Belgian law.

b. In the event of a dispute, only the courts of the judicial district of Antwerp, Antwerp division, are competent to hear the claims.