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General conditions

1. General / Applicability

1.1 These Terms and Conditions apply to all offers of DONNAN MCBAIN & WEALY WORKS COMM V and all agreements between DONNAN MCBAIN & WEALY WORKS COMM V and Buyer.
1.2 The term "Donnan McBain & Wealy Works Comm V" in this general conditions and elsewhere on the site means the limited partnership DONNAN MCBAIN & WEALY WORKS COMM V with head office in the Klerkenstraat 3, 8610 Zarren
1.3  "Buyer" means any visitor to the website and / or any natural or legal person one (or several) buying product (s), including whiskey, calvados, cognac, rum, Armagnac and accessories etc., via the website Bestwhisky.be.
1.4 DONNAN MCBAIN & WEALY WORKS COMM V reserves the right to change, modify or supplement these terms from time to time. The amended terms are also applicable to existing contracts, unless in a specific situation contrary to the reasonableness and fairness would be.
1.5 By using the website by DONNAN MCBAIN & WEALY WORKS COMM V and / or placing an order the buyer accepts these Terms and any other rights and obligations as stated on the website.
1.6 In addition to these Terms may-if-clear to Additional Conditions also apply to certain services and / or products. If there between provisions in the Additional Terms and Conditions in this agreement than differences are, in principle, the relevant provisions from the above that the Additional Terms, unless specified otherwise.
1.7 These Terms and Conditions may be waived only if expressly agreed in writing.
1.8 Should the buyer refer to his proper terms then those conditions do not apply, unless explicitly written by DONNAN MCBAIN & WEALY WORKS COMM V is accepted.
1.9 If a court ruling declares one or more of these items invalid, the remaining provisions of these Terms will remain in full force and DONNAN MCBAIN & WEALY WORKS COMM V and Buyer shall discuss new rules to replace the invalid.
1.10 DONNAN MCBAIN & WEALY WORKS COMM V is authorized to make use of third parties in the implementation of an agreement with Buyer.

2. Offers and provisional agreements

2.1 All offers of DONNAN MCBAIN & WEALY WORKS COMM V are non-binding. Offers or prices are to be regarded as an invitation to the potential Buyer to make an offer. DONNAN MCBAIN & WEALY WORKS COMM V is in no way bound, unless it is clearly written and recorded. The acceptance of the invitation to make an offer by the Buyer is considered as a potential offer and leads only to a conclusion of an agreement as to the other provisions of this article are met. It is for DONNAN MCBAIN & WEALY WORKS COMM V never a requirement to deliver to a potential buyer.
2.2 Offers and contracts are made subject to the availability of products (while supplies last). If a product is temporarily out of stock and  has been ordered,  there will be indication where possible when the product is available again.
2.3 A contract is concluded at the moment of an order confirmation to Buyer by e-mail and is sent to the buyer by e-mail.
2.4 DONNAN MCBAIN & WEALY WORKS COMM V is entitled to terminate the agreement if it has good reason to fear that the Buyer will not fulfill its obligations.
2.5 Buyer and DONNAN MCBAIN & WEALY WORKS COMM V agree that use of electronic communication constitute as a valid contract and established once the conditions in Article 2.1 and 2.3 are met. In particular, the lack of an ordinary signature does not affect the binding of the offer and the acceptance . The electronic files DONNAN MCBAIN & WEALY WORKS COMM V apply as the law allows, as a presumption of evidence.
2.6 Information, images, oral communications, telephone e-mail and work assignments etc. on all offers and the main characteristics of the products as accurately as possible (again) given or presented.  DONNAN MCBAIN & WEALY WORKS COMM V does not guarantee that the given information on all offers and products is complete and  consistent. Any changes do not qualify for compensation and / or dissolution, unless the deviation is such that the product (more) equivalent to that which the buyer is reasonably have been expected in which case the provisions of Article 6.5 of these Terms and Conditions apply.
 

3. Prices

3.1 All prices on the site are "ex Warehouse" (Inco terms 1990), expressed in euro’s, in line with the legal regulations, and including VAT, but excluding other governmental taxes and shipping costs, unless otherwise stated in the Product-related information.
3.2 If the ordered product -at the request of the Buyer should be delivered outside of Belgium, then the Buyer is liable for payment of the chargeable VAT or import duties.
3.3 Special offers are only valid for the period as stated in the specific offer.
3.4 The price payable by the buyer is confirmed in accordance with Article 2.3. Obvious errors in the price, such as obvious errors, errors in which the Buyer reasonably have suspected that there was a mistake, can even after the completion of the agreement can still be corrected by DONNAN MCBAIN & WEALY WORKS COMM V.
3.5 Shipping charges are not included in the price of the product itself. The Buyer pays shipping as listed on the Internet site. For delivery outside Belgium special rates apply. Certain payment methods are further conditions on the delivery method and associated costs are clear to the buyer.
3.6 DONNAN MCBAIN & WEALY WORKS COMM V reserves the right to change the agreed price after conclusion of the agreement. If the price is increased, then the Buyer has the right to cancel the contract without obligation of DONNAN MCBAIN & WEALY WORKS COMM V to pay compensation. 
 

4. Payment

4.1 Orders via our website can be paid in several ways. It's printed on the website.
On this page you will find everything about our payment options.
DONNAN MCBAIN & WEALY WORKS COMM V payment options could expand in the future. Other payment options will be made known through the web site.
4.2 Payment delay can only be agreed in writing.
4.3 In the event that payment  by a credit card is selected than this the conditions of the card company apply. DONNAN MCBAIN & WEALY WORKS COMM V is not a party to the relationship between the seller and the card issuer.
4.4 DONNAN MCBAIN & WEALY WORKS COMM V has the right to use certain minimum and maximum spending depending on the payment type. These conditions are detailed on the website.
4.5 When non or late payment by Buyer is then the outstanding interest is 1.5% per month, which commenced in one month for one full month counted.
4.6 Also to be charged to the Buyer are all (external) legal expenses of any nature whatsoever.
4.7 In case of late payment DONNAN MCBAIN & WEALY WORKS COMM V are authorized to end the agreement with immediate effect or (further) supply up to the moment at which the buyer has fully complied with the payment, the payment of interest and costs including.
 

5. Delivery and delivery time

5.1 Orders are of course delivered as soon as possible. The delivery times shown on the website  are only for guidance and never a deadline. DONNAN MCBAIN & WEALY WORKS COMM V can further inform about delivery times on the website or in other written forms. Such information is only indicative. In case of  late delivery, the buyer can claim a default by registered letter to DONNAN MCBAIN & WEALY WORKS COMM V. Then DONNAN MCBAIN & WEALY WORKS COMM V still have a reasonable period of at least 14 days to deliver. Even if only within this reasonable time DONNAN MCBAIN & WEALY WORKS COMM V fails to deliver, the customer has the right to cancel the contract without obligation of DONNAN MCBAIN & WEALY WORKS COMM V to compensate for any damage.
5.2 Delays will be informed  to the buyer by e-mail telephone or.
5.3 Delivery is made to the contract address of the buyer. This is made known by Buyer.
5.4 DONNAN MCBAIN & WEALY WORKS COMM V ensures delivery by courier, by mail or otherwise selected by DONNAN MCBAIN & WEALY WORKS COMM V on behalf of the buyer. Delivery by courier, by mail or otherwise will not be made until payment is received.
5.5 DONNAN MCBAIN & WEALY WORKS COMM V is entitled to deliver the goods in parts. The extra cost of the subsequent delivery is at cost of DONNAN MCBAIN & WEALY WORKS COMM V
5.6 For deliveries abroad there are different conditions.
 

6. Exchange & rights

6.1 The Belgian Trade Practices Act and the information and the protection of consumers from July 14, 1991, allows the buyer to decline the sale within 7 days after receipt of the product, unless the products which-among others-by their nature cannot be returned, f.e. opened bottles. The goods must be sent back within an acceptable period (maximum 5 days) after such notification.  The cost of returning the product shall be borne by the buyer.
6.2 The buyer is required to carefully inspect the product immediately after receiving. Complaints of defects in the product must be notified in writing as soon as possible and within 14 days after the courier / or mail delivery . The Buyer will get a refund or a credit receipt if and when the product is returned to DONNAN MCBAIN & WEALY WORKS COMM V.  The cost of returning the product shall be borne by the Buyer.
6.3 There may be defects in the product if there are treated in a bad way by the Buyer :
1. If after delivery  changes in the product are made, including those not authorized by DONNAN MCBAIN & WEALY WORKS COMM V or the manufacturer;
2.If the seller cannot prove that he purchased the product of DONNAN MCBAIN & WEALY WORKS COMM V;
3.If the defects caused by non-written instructions or improper use;
4.If damage is caused by intent, gross negligence or negligent maintenance.
6.4 Claims and defenses based on facts which would justify the proposition that the delivered product to the contract shall be barred by lapse of 1 years after the notification by the Buyer to DONNAN MCBAIN & WEALY WORKS COMM V, unless Buyer is a consumer , in which case a period of two years applies.
6.5 If the delivered goods don not comply with  the agreement then DONNAN MCBAIN & WEALY WORKS COMM V is obliged only to deliver a replacement of the delivered product, unless replacement is impossible or DONNAN MCBAIN & WEALY WORKS COMM V cannot be required, in which case the buyer may terminate the contract or the purchase price may decrease in proportion to the degree of deviation from the agreed requirements.
 

7. Retention

7.1 Ownership of Property is the actual delivery.  Any agreement with DONNAN MCBAIN & WEALY WORKS COMM V is due, until the buyer has paid in full, including, payment of interest and costs, also of any previous or subsequent deliveries and concerning the work to be done or products.
7.2 The Buyer may not encumber, sell, resell, transfer or otherwise encumber the products before their ownership is transferred.
 

8. Liability

8.1 Donnan & McBain WEALY WORKS GCV can only be held liable for damages awarded to its intent or gross negligence is attributable or caused by circumstances that under mandatory law rules for its own risk. DONNAN MCBAIN & WEALY WORKS COMM V is never liable for consequential loss, indirect damage and loss of profits or turnover.
8.2 If DONNAN MCBAIN & WEALY WORKS COMM V, for whatever reason, is bound to compensate any damage, these damages will not exceed an amount equal to the invoice value of the product or service on which damage is caused. 
8.3 The Buyer is required to protect DONNAN MCBAIN & WEALY WORKS COMM V for any third-party claims in respect of the implementation of the Convention against DONNAN MCBAIN & WEALY WORKS COMM V, even if the law does not preclude the relevant damage and costs borne by the buyer to come.
8.4 DONNAN MCBAIN & WEALY WORKS COMM V will be connected to ISIS. This guarantees a good quality and proper service. Consumer-buyers may appeal to an "online mediation through the website of the service by DONNAN MCBAIN & WEALY WORKS SCS. This online mediation is completely free.
8.5 DONNAN MCBAIN & WEALY WORKS COMM V may link on its website links to other websites which may be interesting or informative for the visitor. Such links are purely informative. DONNAN MCBAIN & WEALY WORKS COMM V is not responsible for the content of the website referred to or the use that can be made.
8.6 In this article the liability of DONNAN MCBAIN & WEALY WORKS COMM V under mandatory provisions shall not prejudice .
 

9. Force majeure

9.1 In case of force majeure, DONNAN& MCBAIN & WEALY WORKS GCV cannot keep its commitments to the Buyer, or the obligation to comply is suspended linked with the duration of the circumstances.
9.2 Force majeure means any independent factor, which the fulfillment of its obligations to the buyer in whole or in part is prevented. Those circumstances include strikes, fires, business disturbances, power failures, non or late delivery by suppliers or other third parties and the absence of any means to obtain government authorization. A force majeure includes also failures in (telecommunications) networks or connections or communications systems used and / or at any time not available from the website.
 

10. Intellectual Property

10.1 The Buyer acknowledges that all intellectual property rights to the information, communications or other expressions concerning the products and / or on the internet site remains to DONNAN MCBAIN & WEALY WORKS SCS, its suppliers or other claimants. The agreement is therefore no transfer of intellectual property.
10.2 It is forbidden for the Buyer, to make changes including, the intellectual property rights in the purchased product, such as cloning, without the express prior written consent of DONNAN MCBAIN & WEALY WORKS COMM V, its suppliers or other claimants, unless this is for private use in relation to the product itself.
 

11. Personal

11.1 DONNAN MCBAIN & WEALY WORKS GCV protect the data of the buyer exclusively in accordance with its privacy policy. The web site includes a detailed privacy statement.
11.2 DONNAN MCBAIN & WEALY WORKS GCV thereby reflects the applicable privacy rule and relevant legislation.

12. Applicable law and jurisdiction
12.1 The Belgian law is applicable.
12.2 The applicability of the Vienna Sales Convention is expressly excluded.
12.3 Courts of the judicial district of  Veurne are competent.
 

13. And dispute settlement

13.1 If the buyer is a consumer, then there is also the possibility to submit a dispute to the online mediation of ISIS, provided that such an offer or agreement through the website or phone connection is made or brought.
 

14. Miscellaneous

14.1 DONNAN MCBAIN & WEALY WORKS GCV address is  Klerkenstraat 3, 8610 Zarren and registered with the Chamber of Commerce under number 29 0043854. The VAT identification number is BE 0819.136.195 Submit all correspondence regarding a contract or terms to send to DONNAN MCBAIN & WEALY WORKS COMM V, Klerkenstraat 3, 8610 Zarren or via our contact form. This is also the office address in case of complaints.
14.2 The DONNAN MCBAIN & WEALY WORKS COMM V Helpdesk will be accessible for information on weekdays from 9:00 to 17:30.
14.3 DONNAN MCBAIN & WEALY WORKS COMM V strives to receive e-mails 

15. Dutch text prevails

15.1 The Dutch text of these general conditions shall prevail over translations.

 

DONNAN MCBAIN & WEALY WORKS COMM V, October 23, 2009

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