ARTICLE 1. GENERAL CLAUSE
a) General terms and conditions below are applicable to all sales agreements with delivery address in Belgium, between a visitor of the site, here-after “the client” and BVBA VINUM MOVENS, Fonteinstraat 52 01.01, 3000 Leuven, registered under nr. BE 0648.948.509 and acting on this site under the name “Our Daily Bottle”. These general terms also apply to sales of the products sold on this website through any other channel.
b) These general terms always prevail on any other conditions quoted by the client, unless they have been accepted by BVBA VINUM MOVENS in advance, explicitly and in a written way.
c) In case of conflict as to the interpretation of the general terms, the Dutch version will prevail.
ARTICLE 2. PRODUCT DESCRIPTION
a) Wine subscriptions
The wine subscriptions sold through this website consist of a subscription during twelve months to a monthly box including each time two different wines.
The selection of the wines is made by BVBA VINUM MOVENS and cannot be source of questioning the sales contract in any case.
The price of the wine subscription also gives access to a wide array of club advantages. These club advantages don’t form part of the wine subscription sales agreement.
The club advantages are decided discretionary by BVBA VINUM MOVENS and can never be source of questioning the wine subscription sales agreement.
The wine subscriptions differ in between them with regard to the payment terms and denunciation:
1) An annual formula. The payment is made in the beginning for all 12 months, to what the client receives a discount in return. This discount is decided upon discretionary by BVBA VINUM MOVENS and can be reviewed at the end of each period of 12 months.
2) A monthly formula. The payment is made each month for 1/12th of the total amount.
Clients are able to re-order wines they previously received in a subscription box. They will receive a discount compared to the price of the subscription box.
These orders are only possible per 6 bottles and all multiples of 6.
The discount rate is decided upon discretionary by BVBA VINUM MOVENS and cannot be source for questioning by the client.In any case, BVBA VINUM MOVENS guarantees a 10 % discount.
BVBA VINUM MOVENS reserves the right to review this rate without any limits at all time during the subscription period and this without any obligation for BVBA VINUM MOVENS to inform the client of this change.
The possibility to re-order is subject to availability of the product.
c) Special offers
Any special offer from BVBA VINUM MOVENS can never be base for questioning the wine subscription sales agreement (art. 2,a) or the re-ordering system (art. 2, b). Special offers are subject to availability of the product.
ARTICLE 3. PRICE
All mentioned prices include VAT and delivery to any given address in Belgium. The client can choose between parcel shop delivery and home delivery in accordance with the specifications of our service providers.
Other delivery options can be offered to the clients. These other options will involve a price supplement to be paid by the client. The supplement will be mentioned on the site and throughout the ordering process.
For any deliveries to a foreign country, the client has to contact BVBA VINUM MOVENS in person. BVBA VINUM MOVENS will than provide a personalized quote.
BVBA VINUM MOVENS is free to review its pricing after each term of 12 months of the wine subscription, or on any given moment regarding the re-ordering possibility and special offers.
ARTICLE 4. ORDERING
a) An agreement is legally constituted when the client clicks the button “I want to become a member” (or any variation as visible on the site).
The client will then be guided through a payment procedure.
The agreement is binding only at the moment the client receives a confirmation of BVBA VINUM MOVENS that the order has been registered and the payment process duly fulfilled.BVBA VINUM MOVENS will never proceed to delivery in case of late payment.
b) Orders can also be made by mail: firstname.lastname@example.org and are only valid after confirmation by BVBA VINUM MOVENS and good reception of the payment.
ARTICLE 5. REVOCABILITY
BVBA VINUM MOVENS respects the legal dispositions regarding the revocability of a contract as provided for inthe Wetboek Economisch Recht (WER).
The client wishing to use his legal term for revocability has to communicate this clearly, in a written way and without any ambiguity to BVBA VINUM MOVENS in accordance with art. VI.49 WER. This communication has to happen within 14 calendar days from:
In this communication –by mail or postal letter– the client has to prove he has the right to revoke the agreement. Therefore he has to mention the following information:
-The date of ordering of the goods:
-The date of reception of the goods:
-The date on which the right to revoke is used;
-Name and address of the client;
-Signature of the client
The client can only use his right to revoke in case the goods have not been opened. According to art. VI.53, 4° WER BVBA VINUM MOVENS is not obliged to take back goods subject to quick rotting or perishable. This is the case for a bottle of wine that has been opened.
The client has to send the unopened goods immediately back to BVBA VINUM MOVENS, within 14 days from the communication regarding his use of the right to revoke, unless BVBA VINUM MOVENS has offered to pick up the goods itself.
As to the reimbursement, it will be held back by BVBA VINUM MOVENS in accordance with art. VI.50, §3 WER as long as they didn’t receive a proof of the sending of the goods by the client. The same article states that BVBA VINUM MOVENS is not obliged to reimburse additional costs incurred by the client if he chooses another option then the cheapest option provided for by the company. The client will in any case be responsible for all risks and expenses when sending back the goods (art. VI.51, §1, lid 2 WER).
If the goods have lost value due to inappropriate (i.e. not absolute necessary to control the nature, the specifications and the functioning) treatment of the goods, the client will be held responsible. BVBA VINUM MOVENS can take this proportionally in account when reimbursing the client.
In case the client does not fulfil above mentioned conditions, the use of the right to revoke is not allowed. In that case the goods will be send back to the client who is responsible for all expenses and risks.
BVBA VINUM MOVENS will clearly communicate to her clients as to the motivation of her decision.
ARTICLE 5bis. MONEY BACK GUARANTEE
BVBA VINUM MOVENS will reimburse any client who is not satisfied by the quality of the wine he receives. The client should contact BVBA VINUM MOVENS by mail or phone to make this request. The reimbursement can only be granted if the bottle contains at least 80 % of its original volume. BVBA VINUM MOVENS will pick up the bottle or will send a return label to the client.
ARTICLE 6. PAYMENT
Payment is electronic through the payment channels available on the site or through bank transfer in case of a mail order.Each payment is due at order.
In the monthly formula, payment has to occur before the 25th of the month preceding the month of delivery. Is considered late payment, any payment after this date.
BVBA VINUM MOVENS requests a recurring payment from its clients. The client must accept this recurring payment. If the recurring payment is not processed by our payment services provider, the client has to give a proof of acceptance of recurring payments to BVBA VINUM MOVENS.
BVBA VINUM MOVENS will not deliver any boxes before payment.
If the client does not pay entirely before due date two months in a row, the contract will be supposed denounced at expenses of the client. The client will then have to pay for the amount corresponding to the remaining period of his subscription since the first default of payment which resulted in denunciation.
ARTICLE 7. DELIVERY
Delivery will be taken care of by a service provider or by BVBA VINUM MOVENS itself. The delivery address is the address mentioned by the client at the moment of ordering.The client has to communicate any address changes before the 25th of the month preceding the next delivery to BVBA VINUM MOVENS.
The client will be held responsible for all damage incurred by BVBA VINUM MOVENS causally linked to the late communication of change in address.
b) Delivery delay
I. Subscription boxes will be delivered in the first days of each month. This timing is only indicative and BVBA VINUM MOVENS cannot be held responsible for not respecting it.The client will be informed by the parcel shipper of the moment of availability in the parcel shop or the planned moment of home delivery.
II. All re-ordered goods will be delivered within a reasonable delay.
III. Special offers will be delivered within a reasonable delay.
a) No denunciation is possible in the annual formula. The client can in no case ask for reimbursement.
b) Denunciation is possible in the monthly formula. The client has to communicate this before the 25th of the month preceding the next delivery, following the appropriate procedure in his personal space on the Our Daily Bottle website.
The client can also inform BVBA VINUM MOVENS by mail within the same delay. This way of denunciation is only valid after written confirmation of good reception by BVBA VINUM MOVENS.
ARTICLE 9. AUTOMATIC RENEWAL
Unless explicit denunciation by the client in his personal space on the website before the 25th of the month of last delivery, the contract will be renewed automatically, both for the monthly formula as for the annual formula.
ARTICLE 10. PLAINTS AND GUARANTEES
a) BVBA VINUM MOVENS will treat all plaints and requests addressed at the help desk as quick as possible and will always try to provide an adequate solution.
b) BVBA VINUM MOVENS cannot be held responsible for the falling under the responsibility of a third party service provider.
c) BVBA VINUM MOVENS cannot be held responsible for the non-respect of its contractual obligations if this non-respect is due to force majeure.
ARTICLE 11. CONFLICTS
All conflicts resulting from these terms and contracts will be solved according to Belgian law.For all conflicts, courts of Arrondissement Antwerp, division Mechelen and canton Mechelen will be competent.
ARTICLE 12. PRIVACY STATEMENTS
a) BVBA VINUM MOVENS respects the Belgian Privacy Law (Wet van 8 december 1992 voor de bescherming van de persoonlijke levenssfeer ten opzichte van de verwerking van persoonsgegevens) and all regulations linked to this law.
b) BVBA VINUM MOVENS collects personal data for commercial – and marketing purposes and will never communicate these to third parties. For any questions or inquiries, the client can contact each of the partners.
c) The clients has always the right to refuse the use of his personal data for direct marketing purposes, on simple demand and without any payment. At any moment, the client can request access to his personal data and request changes or corrections to them.
d) BVBA VINUM MOVENS cannot be held responsible for diffusion of personal data due to a data leakor in case of any government request for information related to the personal data.
ARTICLE 13. SPECIAL DISPOSITION
BVBA VINUM MOVENS respects Belgian law not to sell alcohol to minors. However, she cannot be held responsible for any (attempt of) fraud related to this. Therefore, BVBA VINUM MOVENS can neither be held responsible for any damages resulting from the (attempt of) fraud.
ARTICLE 14. BINDING FORCE
When ordering, the client explicitly confirms to agree to the general terms and conditions by ticking the checkbox “I declare having read the general terms and agree to them”. An electronic order without this agreement is, unless fraud, technically impossible. It results that all clients are held by these terms and conditions.