General terms and conditions of sale
Version of 14/08/2025
The present general conditions are intended to regulate the contractual relationship between the customer and the SRL Nest Vini & Cicchetti, registered with the Banque-Carrefour des Entreprises under the number 1018.914.625, whose company is established at Rue du Carmel 8 – 4020 Liège and whose contact details are 0479 54 16 08 and info@nestviniecicchetti.com
Hereinafter referred to as the “Company”;
By “Customer” is meant any person, individual or company, using the services or purchasing the products of the Company.
Article 1 – General
- The present general conditions aim to regulate the contractual relationship between the Client and the Company.
- The latter is active in the field of sale of alcoholic beverages. The Company also operates an online store hosted on the website www.nestviniecicchetti.com (hereinafter, the “Site”).
- The Company offers various online purchases, including kinds of wines.
- These terms and conditions are applicable to any purchase made by the Customer on the Site or upon signature of the Customer on the quotation or order form of the Company or upon completion of a payment, in accordance with Article 6. They concern the entire contractual relationship between the Company and the Client, from the placing of the order to payment and delivery. The Customer is presumed to have read and understood them. If the quotation is validated electronically, the Customer is bound by these terms and conditions as soon as the agreement is transmitted to the company electronically or confirmed by the company in writing, in any form whatsoever.
- These terms and conditions take precedence over all other general or special conditions. They may be modified at any time by the Company. In this case, the latter undertakes to inform the Customer and the modified general conditions will automatically apply to any subsequent purchase by the Customer.
- In the event that, in addition to these General Conditions, specific conditions apply, the above also applies to these particular conditions. In the event of contradictory General Conditions, the consumer may always rely on the applicable provision that is most favorable to them.
Article 2 – Online purchase procedure and prices
- The operation of the Site is set as follows:
- The Customer connects to the Company’s website. 2. The items are described in detail on the Site, allowing for a proper evaluation of the offer. 3. The Customer selects items and places them in their shopping cart. They thereby express their intention to place an order. 4. After registration, the Customer enters their delivery and billing details. The total amount of the order, including all taxes and shipping costs, is indicated. Furthermore, if an offer has a limited validity period or is subject to specific conditions, this is always mentioned on the Site. 5. After receiving a complete summary of their order, the Customer confirms their intention to proceed to payment. 6. The Customer is transparently redirected to the payment module, where they enter their payment preferences and settings. Accepted payment methods are Bancontact/Visa/Mastercard/Paypal/Stripe. Information related to the bank card used is not known to the Company. The confidentiality of information is thus guaranteed. Transaction data is encrypted with SSL technology and sent over the internet. To pay with SSL, special software is required (secure SSL connection = padlock present in the status bar of your browser). Transaction fees are covered by the Company. 6. Payment is requested from the relevant financial institution. 7. The Customer receives the transaction result by email, which they can then print and keep as proof. 8. The Company carries out after-sales processing and sends the package to the Customer in accordance with these general conditions. Any modification requested by the Customer will result in a modification of the order confirmation and, where applicable, the total cost mentioned.
- During the validity period mentioned in the offer, the prices of the wines offered are not increased, except for price changes resulting from changes in VAT rates and excise duties.
- The Company’s prices include all taxes, duties and services.
- In any event, products placed in a cart or ordered online remain the property of the Company until full payment. No order will be processed without valid payment from the registered holder of the card used.
- The Customer remains solely responsible for their contact details. They are required to ensure that any necessary modifications are made on the Site, for example in the case of a new email address, in order to allow the proper completion of steps 4, 5, 6 and 8.
- The prices shown on the Site are valid on the date of consultation and are subject to change. The final price is communicated to the Customer at the time of confirmation of the sale on the Site.
- The Site has been created as conscientiously as possible. It is intended to present the products offered by the Company. The information provided on the Site is subject to change. The Customer is therefore invited to verify the information in their possession prior to making contact. In no event is the Company contractually bound by information made available on the Site.
- The Customer, by validating their online order, certifies that they are at least 18 years of age. Otherwise, only the Customer is responsible. The sale cannot, in any case, be declared null and void and the Company’s liability called into question for this reason.
Article 3 – Customer agreement and contractual documents
- By validating their order, the Customer signifies their intention to enter into a purchase contract subject to these general conditions. They also certify that all data mentioned about them is correct and valid. The Company cannot, in any case, be held responsible for errors in this regard.
Article 4 – Quotations, prices and contractual documents
- Outside of an order through the website, a prior exchange is necessary between the Company and the Customer. At the end of this exchange, the Company provides a detailed quotation or order form for the desired service(s) and/or product(s) to be delivered. This quotation is valid for 30 calendar days.
- In the case of a purchase requiring deferred delivery (“Order”), the Company reserves the right to request a deposit from the Customer and delivery times are communicated purely as an indication. In no event can the Company be held responsible for a delay in delivery.
- Any modification requested by the Customer, after the quotation has been provided, will result in a modification of the quotation and, where applicable, the cost of the Service(s) and/or product(s).
- Prices are subject to change for reasons beyond the Company’s control. In the event of an upward price change imposed by the supplier, the Customer will be duly informed.
- The Customer’s agreement regarding the content of the quotation or order form may be given: (i) by signing the quotation accompanied by the handwritten mention “approved” and the date of signature; (ii) by confirmation sent by email.
- In any event, the quotation may be returned signed by postal mail or email, provided that the Customer’s agreement is mentioned in a visible, identifiable and unequivocal manner.
- In the event that the quotation has been issued by the Company electronically, including by exchange of emails, the Customer expressly accepts that this exchange constitutes the contractual relationship and may serve as proof of its existence.
Article 5 – Discounts
- Discounts or rebates may be granted to the Customer. If applicable, a specific code may be entered on the Site. These discounts or rebates do not in any way constitute a right for the Customer. They are granted based on the professional relationship existing between the Company and the Customer and/or the quantities of products ordered. These discounts or rebates are, moreover, strictly linked to the order concerned and cannot, in any case, be generalized.
Article 6 – Payment (except for orders on the website – see Article 2)
- The Customer undertakes to make payment as follows: cash or by bank transfer;
- In addition to the application of the first paragraph of this article, invoices are payable within 30 days of their date of issue.
- The invoice is sent by mail or email by the Company to the Customer. In the case of sending by email, this sending is made to the email address provided by the Customer when signing the quotation. In no event is the Company responsible if the email address provided by the Customer is incorrect.
- Furthermore, in the event of a change in the contact email address, the Customer is required to immediately inform the Company. No additional payment period will be granted to the Customer who has failed to transmit the change of email address for sending the invoice(s).
- Concerning customers benefiting from consumer protection in accordance with Book VI of the economic law code, any invoice unpaid at its due date will be increased, after sending a reminder and after the expiry of a period of fourteen calendar days, which begins on the third working day following the day on which the reminder is sent on paper or the calendar day following the day on which the reminder is sent electronically, by late payment interest at the reference rate increased by eight percentage points referred to in Article 5, paragraph 2, of the law of 2 August 2002 concerning the fight against late payment in commercial transactions, from the calendar day following the day on which the reminder is sent.
In addition, the Company is entitled to a fixed compensation by way of penalty clause of: a) 20 euros if the amount remaining due is less than or equal to 150 euros;
b) 30 euros increased by 10% of the amount due on the portion between 150.01 and 500 euros if the amount remaining due is between 150.01 and 500 euros;
c) 65 euros increased by 5% of the amount due on the portion exceeding 500 euros with a maximum of 2,000 euros if the amount remaining due exceeds 500 euros.
Concerning professional customers, any invoice unpaid within the required time will automatically bear interest at 12% per annum. In the event of non-payment of the invoice within thirty days of its date, the invoice amount will be increased by 10% with a minimum of 50.00 €, as a conventional, fixed and irreducible penalty clause.
- The transfer of ownership of the product sold is only effective upon full payment. Before this, the product remains the full property of the Company, including in the event of partial payment by the Customer.
Article 7 – Cancellation of an order by the Company
In the event of cancellation of an order by the Company, for reasons beyond its control (disappearance of an ordered product, bankruptcy of a supplier, for example and without being exhaustive), the Company undertakes to offer products of equivalent nature to the Customer. The Customer is free to accept or refuse.
- In the event of cancellation of an Order made by the Customer, the Company may claim compensation of 10% of the value of the Order. This may be required by the Company without prior notice.
Article 8 – Delivery times and methods
- The purchase confirmation mentions a delivery time. If the ordered product is in stock, it can be delivered within 1 to 4 working days. Items that are not in stock are delivered within 20 working days. This period is given as an indication. If delivery is not possible on time, the Company always informs the Customer before the scheduled delivery date. If this information cannot be provided before the scheduled delivery date, the Company gives the Customer the right to cancel the order free of charge. In this case, the refund is made by the Company within 30 days following the cancellation.
- The Company reserves the right not to provide delivery during certain periods. The Company undertakes to notify its customers in advance. The Company will deliver orders placed as soon as activity resumes.
- Deliveries are made to the delivery address provided when ordering.
- 4. At the time of the order, the Company chooses one of the following delivery methods: (i) delivery by the Company, (ii) delivery by a third party carrier. On the basis of the chosen delivery method, a lump sum covering the delivery costs is added to the amount of the order, as mentioned in article 2. Furthermore, the Company shall not be held liable in any case where it does not itself take charge of the delivery of the order. Therefore, when delivery is made by carrier, the risks associated with transportation are solely the responsibility of the carrier and this, as soon as the Order to be delivered is deposited with the carrier.
- 5. Upon receipt of the order, the Customer is required to check it before the delivery person leaves or upon taking possession. Any defect, damage or non-correspondence with the items on the order form must be immediately communicated to the delivery person or at the latest within 3 days after delivery. Refused products are returned within 14 days following receipt to the Company, which will examine whether its liability can be engaged and will, if applicable, proceed to send a new order. For this purpose, the Customer must use the return form found in the packaging of your order.
- 6. In any event, in the event of loss of an order, the Customer is invited to contact the Company by email at info@nestviniecicchetti.com
Article 9 – Right of withdrawal (only for distance selling)
- 1. The Customer, as defined by the Consumer Protection Act of the Code of Economic Law, has a withdrawal period of 14 days after taking possession of the Product.
- 2. The Customer must, in this case, mention in their withdrawal letter their last name, first name, postal address, email address, telephone number and order number and specify which product(s) will be returned. Click here to download the withdrawal form.
- 3. This right of withdrawal can only be exercised provided that the products purchased on the Site have not been used or modified in any way and provided that the original packaging has not been damaged, that the seals are intact, and that they are accompanied by the purchase invoice.
- 4. This right of withdrawal does not apply to products (I) made to measure, (II) likely to deteriorate or expire rapidly (III) on sale, (IV) clearance items, (V) or on special promotion for certain events. In this case, the products are neither taken back, nor refunded, nor exchanged.
- 5. This right of withdrawal allows the Customer to return, at their expense and at their own risk, the items to the address of the Company’s registered office within 14 days after sending their request. The Company undertakes to refund all payments received by returning them to the bank account with which the online payment was made by the Customer or by offering vouchers on the Site of equivalent value to the price of the returned product.
- 6. Return costs are borne by the Customer. The Company will indicate the exact cost for this return or provide an estimate if it is impossible to predict the exact cost. In the event that it is not possible to return the goods by post, the Company will collect the goods by its own means but always at the Customer’s expense.
- 7. Provided that the right of withdrawal is exercised in the forms and conditions set out in this article, the Customer is refunded for their purchase within 14 days from receipt by the Company of the returned product.
Article 10 – Warranty and return of defective products
- The Company guarantees that the products conform to the order and meet the normal expectations that the Customer may have taking into account the product specifications. The Company also guarantees that the products comply with all laws existing at the time of the order.
- The legal guarantee exclusively covers defects of conformity that exist at the time of delivery of the products, excluding: (i) any direct or indirect damage caused to the product after delivery, (ii) any replacement of elements or accessories whose regular renewal is necessary, (iii) any damage resulting from fire, water damage, lightning, accident or any other natural disaster; (iv) any defect caused expressly or by negligence, by poor maintenance or abnormal use; (v) any damage resulting from commercial, professional or collective use.
Article 11 – Limitation of liability
- The Company makes every effort to guarantee the delivery of quality products. The Company is bound towards the Customer by an obligation of means. The Company undertakes to make every effort to fulfill the Customer’s order in accordance with the Customer’s wishes. The Company is not, however, required to implement means that are disproportionate to the objective to be achieved.
- The Company is in no way responsible for the indirect consequences of the use made of the products, particularly in the event of an allergic reaction to a component or in the event of damage resulting from abnormal, unusual or unintended use of the products.
- The Company ensures the sale of products within the framework of the legislation applicable to the sale of the products concerned. In the event of acquisition by the Customer of products prohibited for sale to minors, the Company is in no way responsible for the harmful consequences for the minor of the consumption of this type of product.
- The Company is in no way responsible for the non-performance of the sale of products for reasons of force majeure, disruptions, strikes of public services of all types, lockouts, labor disputes, fire, technical incidents, energy failures, disruptions in networks, (telecommunications) lines or communication systems used and/or the unavailability of our website, non-delivery or late delivery by suppliers or other third parties and the lack of authorization to be received from authorities or other similar events.
- In any event, the company’s liability, whether contractual, extra-contractual or otherwise, is strictly limited to the total amount actually paid by the Customer for the service concerned. In no event may this liability exceed this amount, except in the event of gross or intentional fault by the company.
In the event of damage resulting from the non-performance of a contractual obligation by the company, the remedy will primarily take the form of repair in kind. Financial compensation may only be required if it is expressly agreed between the parties and if it is reasonably achievable.
- The company cannot be held liable for indirect or intangible damages suffered by the Customer, including in particular, but not limited to: loss of profits or revenue, damage to image or reputation, loss of business opportunity.
- Costs incurred by the Customer to prevent imminent damage or limit the aggravation of existing damage will only be covered by the company with its prior written agreement. Otherwise, these costs will remain the responsibility of the Customer.
- Only certain, real and demonstrated damages will be taken into account for possible compensation. Hypothetical future damages or insufficiently proven damages are expressly excluded from any remedy.
- Natural persons who are not parties to this Agreement, including the directors and officers of the company (hereinafter the “Protected Third Parties”), may not be held personally liable, contractually or extra-contractually, for the performance or non-performance of this agreement, except in the event of gross or intentional fault on their part. By way of derogation from Article 6.3 of the Belgian Civil Code, this limitation does not apply to third parties contractually involved in the performance of this Agreement, such as subcontractors or technical partners, whose liability may be engaged according to the rules of common law, and this independently of their link with one of the Parties. It is understood that the Parties remain responsible for their own contractual commitments and those of their subcontractors in the context of the performance of this Agreement
- For any situation not expressly governed by these General Conditions, the supplementary provisions of Book 6 of the Belgian Civil Code will apply by default.
Article 12 – Intellectual Property
- The entire content of the Company’s website is the property of the Company (including in particular the domain name, the editorial content of the Site, photos, images, texts, logos, etc., with the exception of elements expressly referring to a third party.) This content is protected by copyright. As such, it may not be copied, reproduced, used, whether temporarily or permanently, for purposes other than those that may be assigned to the Customer, without the authorization of the Company, owner of the website.
- The Company cannot guarantee the compatibility of the website with any computer hardware or software used by the Customer.
- If the Customer wishes, for any reason whatsoever, to create, from a third-party site, a link to the Site, they are required to inform the Company in advance. The information may be sent by email to info@nestviniecicchetti.com.
Article 13 – Personal data
- Any personal data concerning the Customer as defined by the European Regulation on data protection 2016/679 (GDPR) is processed in accordance with this Regulation. This data is processed and stored solely for the proper performance of the contractual relationship between the parties and is in no case transmitted to third parties for any other purpose. In this regard, reference should be made to the www… page of the Company’s website (to be completed by the privacy policy link).
- The data stored by the Company is as follows: last name, first name, address, email address, telephone number, bank account number.
- The Customer has the possibility to: (i) object, upon simple request and free of charge, to the processing of their personal data, for serious and legitimate reasons, unless this objection makes it impossible to properly perform the contractual relationship between the parties; (ii) access, free of charge, the data concerning them stored by the Company and obtain the correction of data that would be incomplete, inaccurate or irrelevant; (iii) request the deletion of data concerning them from the Company provided that the retention of data is not imposed on the Company due to a legal obligation; (iv) request the portability of their data held by the Company to a third party; (v) withdraw, where applicable, at any time, their consent to data processing based solely on consent.
- Any request concerning the above must be sent in writing to the Company’s registered office by mail, or by email to info@nestviniecicchetti.com.
- The Company may disclose personal information to third parties upon request from any authority legally authorized to make such a request. The Company may also disclose it if such disclosure is required, in good faith, to comply with laws and regulations, to protect or defend its rights or property.
Article 14 – Collection of testimonies
- The Services performed by the Company on behalf of the Customer may, at any time, be used by the Company for reference purposes, anonymously. The Company undertakes to obtain the Customer’s consent for references with explicit mention of the Customer’s data.
- The Company may request the Customer to obtain a written, oral or visual testimonial on the performance of the Services and their personal effect. The Customer remains free, at any time, to refuse to give such a testimonial. In the event of acceptance, they are invited by the Company to put their formal agreement in writing. Testimonials collected by the Company may be used for documentary or reference purposes.
Article 15 – Complaints
- Any complaint whatsoever from the Customer, with the exception of those possibly referred to in an article, must be made in writing no later than 3 days after the occurrence of the fact giving rise to the complaint by telephone: 0479.54.16.08, by email: info@nestviniecicchetti.com or by mail to the address of the company’s registered office, postmark serving as proof. The Company undertakes to provide you with a response within 3 working days and to make every effort to find an amicable solution suitable for all parties. Provided that a complaint is made by the Customer within the time limits provided above, and provided that the Company accepts it, the amount claimed will be limited to the value of the Products concerned.
Article 16 – Invalidity
- The possible nullity of a provision of these general conditions does not in any way affect the validity of these general conditions as a whole. If a clause is rendered null, the parties undertake to conclude a clause having a similar effect and to insert it into these general conditions.
Article 17 – Application of Belgian law
- These general conditions, as well as any dispute regarding the validity, interpretation or performance of these general conditions are subject to Belgian law.
- All provisions not specified in these general conditions are governed by Belgian law.
- If, for any reason whatsoever, international law or other foreign legislation were to apply, it would be interpreted primarily in accordance with Belgian Law relating to market practices and consumer protection.
Article 18 – Resolution of disputes and competent courts
- In the event of a dispute, mediation between the Company and the Customer is preferred. If, however, no agreement is possible, the competent courts are those of the judicial district of the Company’s registered office.