General terms and conditions of sale

Version of 14/03/2022.

The present general conditions aim at regulating the contractual relation between the customer and Mr. Auquier Jean-François, self-employed person practicing under the name Nest Vini & Cicchetti, registered at the Banque-Carrefour des Entreprises under the number 0754 453 528, whose company is established at Rue du Carmel 8 – 4020 Liège and whose coordinates are 0479 54 16 08 and Nestvini@gmail.com

Hereinafter referred to as the “Company”;

By “Customer” is meant the private individual with a delivery address in Belgium, non-professional, qualified as a consumer by the economic law code, who purchases the Company’s products on its Site.

The present general conditions aim at regulating the contractual relation between the customer and Mr. Auquier Jean-François, self-employed person practicing under the name Nest Vini & Cicchetti, registered at the Banque-Carrefour des Entreprises under the number 0754 453 528, whose company is established at Rue du Carmel 8 – 4020 Liège and whose coordinates are 0479 54 16 08 and Nestvini@gmail.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

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 online purchase by the Customer on the Site.

  • In the event that, in addition to these General Conditions of

specific conditions apply, the foregoing shall also apply to such specific conditions. In the event of conflicting General Terms and Conditions, the consumer may always rely on the applicable provision that is more favorable to him.

Article 2 – Online purchase procedure and prices

  • The operation of the Site is set as follows:
  1. The Client connects to the Company’s website. 2. The articles are detailed in a precise way on the Site and this allows a correct evaluation of the offer. 3. The Customer selects items and places them in his shopping cart. He thus expresses his will to place an order. 4. The Customer, after his registration, enters his delivery and billing information. The total amount of the order, including all taxes and shipping costs are indicated. Furthermore, if an offer has a limited validity period or is subject to special conditions, this is always mentioned on the Site. 5. After receiving a complete summary of his order, the Customer confirms his willingness to proceed to the payment stage. 6. The Customer is seamlessly redirected to the payment module, where they enter their payment preferences and settings. The accepted payment methods are Bancontact/Visa/Mastercard/Paypal/Stripe. The information related to the credit card used is not known to the Company. The confidentiality of the information is thus guaranteed. Transaction data is encrypted with SSL technology sent over the net. To pay with SSL, a special software is required (secure SSL connection = lock in the status bar of your browser). Transaction fees are paid by the Company. 7. Payment is requested from the appropriate financial institution. 6. The Customer receives by e-mail the result of the transaction which he can then print and keep as a proof. 8. The Company shall carry out the post-sale processing and send the package to the Customer in accordance with these general conditions. Any change made by the Customer will result in a change in the order confirmation and, if applicable, in the total cost mentioned.
  • During the validity period mentioned in the offer, the

The prices of the wines offered are not increased, except for price changes due to changes in VAT and excise rates.

  • The Company’s prices include all taxes, duties and fees

services.

  • In any case, the products put in a basket or in the

ordered online remain the property of the Company until full payment. No order will be processed without valid payment from the registered cardholder.

  • The Customer remains the only one responsible for his data of

contact. He is required to ensure that he makes any necessary changes to these on the Site, for example in the case of a new e-mail address, in order to allow the proper implementation of steps 4, 5 and 6.

  • The prices listed on the Site are valid on the date of the

consultation and are subject to change. The final price is communicated to the Customer at the time of the confirmation of the sale on the Site.

  • The Site has been created in the most conscientious manner

possible. It is intended to present the products offered by the Company. The information on the Site is subject to change. The Customer is, therefore, invited to verify the information in his possession prior to the contact made. Under no circumstances is the Company contractually bound by any information made available on the Site.

  • The Customer, by validating his online order, certifies

be at least 18 years old. Otherwise, only the Customer is responsible. The sale cannot, under any circumstances, be declared null and void and the Company’s liability cannot be called into question for this reason.

 

Article 3 – Customer agreement and contractual documents

  • By validating his order, the Customer indicates his intention to

enter into a purchase agreement subject to these terms and conditions. He/she also certifies that all the data mentioned about him/her is correct and valid. The Company cannot, under any circumstances, be held responsible for any error in this regard.

 

Article 4 – Quotations, prices and contractual documents

  • Apart from an order through the website,

a prior exchange is necessary between the Company and the Client. At the end of this period, the Company shall submit a detailed quotation or order form for the service(s) required and/or for the product(s) to be delivered. This quote is valid for 30 calendar days.

  • In case of a purchase requiring a deferred delivery

(“Order”), the Company reserves the right to request payment of a deposit from the Client and the delivery times are provided for information purposes only. In no event shall the Company be liable for any delay in delivery.

  • Any modification formulated by the Customer, after delivery of the

If the customer does not agree with the quotation, the quotation will be modified and, if necessary, the cost of the Service(s) and/or the product(s) will be modified.

  • Prices are subject to change for reasons of

beyond the Company’s control. In the event of a price increase imposed by the supplier, the Customer will be duly informed.

  • The Customer’s agreement to the content of the quotation or the purchase order

order, can be given: (i) by signing the quotation with the handwritten words “Good for approval” and the date of signature; (ii) by e-mail confirmation.

  • In any case, the estimate can be returned signed by

mail or e-mail, provided that the Customer’s consent is stated in a visible, identifiable and unequivocal manner.

  • In the event that the quotation has been issued by the Company by

The Customer expressly accepts that this exchange constitutes the contractual relationship and can be used as proof of the existence of the contract.

 

Article 5 – Discounts

  • Discounts or rebates may be granted to the

Customer. If necessary, a specific code may be encoded on the Site. These discounts or rebates do not constitute a right on the part of the Customer. They are granted taking into account the professional relationship existing between the Company and the Client and/or the quantities of products ordered. These discounts or rebates are, moreover, strictly linked to the order concerned and cannot, under any circumstances, be generalized.

 

Article 6 – Payment (except for orders on the website – see Article 2)

  • The Customer undertakes to make payment in the following manner

by cash or bank transfer;

  • In addition to the application of the first paragraph of this

Invoices are payable within 15 days of their date of issue.

  • The invoice is sent by mail or email by

the Company to the Client. In case of sending by email, this sending is made to the email address communicated by the Customer when signing the quote. In no case shall the Company be liable if the e-mail address provided by the Client is incorrect.

  • In addition, if the e-mail address of

The Client shall immediately inform the Company of any such contact. No additional payment period will be granted to the Customer who has failed to transmit the change of the e-mail address for sending the invoice(s).

  • In addition to the foregoing, any invoice not paid within the

interest at the legal rate will be charged automatically.

  • The transfer of ownership of the product sold is only effective

at the time of full payment. Prior to this, the product remains the full property of the Company, even in the event of partial payment by the Client.

 

Article 7 – Cancellation of an order by the Company

  • In case of cancellation of an order by the Company, for

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 an equivalent nature to the Client. The latter is free to accept or refuse.

  • In the event of cancellation of an Order by the

The Company may claim compensation of 10% of the value of the Order from the Customer. This may be demanded 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 mentioned as an indication. If delivery is not possible in time, the Company shall always inform the Client 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 without charge. In this case, the refund is made by the Company within 30 days of 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 make deliveries of orders placed as soon as business resumes.

  • Deliveries are made to the delivery address

communicated at the time of the order.

  • 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

proceed to the verification of it, before the departure of the deliveryman or during the taking of possession. Any defect, damage or mismatch with the items on the order form must be communicated immediately to the deliverer or at the latest within 3 days after delivery. Rejected products shall be returned within 14 days of receipt to the Company, which shall examine whether it can be held liable and shall proceed, if necessary, to send a new order. For this purpose, the Customer should use the return form that is included in the packaging of your order.

  • 6. In any case, in case of loss of an order, the

Customer is invited to contact the Company by email at Nestvini@gmail.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. In this case, the Customer must mention in his letter of withdrawal his full name, postal address, e-mail address, telephone number and order number and specify which product(s) is (are) returned. Click here to download the withdrawal form. §3 This right of withdrawal can only be exercised if the products purchased on the Site have not been used or modified in any way and if the original packaging has not been damaged, the seals are intact, and they are accompanied by the purchase invoice. §This right of withdrawal does not apply to products (I) made to measure, (II) likely to deteriorate or expire quickly, (III) on sale, (IV) out of stock, (V) or in special promotion on the occasion of certain events. In this case, the products are not returned, refunded or exchanged. §This right of withdrawal allows the Customer to return, at his own expense and risk, the items to the Company’s head office within 14 days after having sent his 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 shipping costs are the responsibility of the Customer. The Company

will indicate the exact cost for this return or provide an estimate, if the exact cost cannot be predicted. In case it is not possible to return the goods by mail, the Company will collect the goods by its own means but always at the expense of the Client.

  • 7. Insofar as the right of withdrawal is exercised within

In accordance with the forms and conditions set forth in this article, the Customer shall be reimbursed for his purchase within 14 days of the Company’s receipt of the returned product.

 

Article 10 – Warranty and return of defective products

  • The Company guarantees that the products comply with the

and meet the normal expectations that the Customer may have taking into account the specifications of the product. The Company also guarantees that the products comply with all existing laws at the time of the order.

  • The legal guarantee is exclusively aimed at

defects of conformity that exist at the time of delivery of the products, excluding: (i) any direct or indirect damage to the product after delivery, (ii) any replacement of components or accessories that require regular renewal, (iii) any damage resulting from fire, water damage, lightning, accident or any other natural disaster; (iv) any defect caused expressly or by negligence, poor maintenance or abnormal use; (v) any damage resulting from commercial, professional or group use.

 

Article 11 – Limitation of liability

  • The Company shall make every effort to ensure the delivery of

quality products. Under no circumstances shall the Company be held liable for defects resulting from the action of a third party.

  • The Company shall not be responsible for

indirect consequences of the use of the products, in particular in the event of an allergic reaction to a component or in the event of damage resulting from abnormal, unusual or unplanned use of the products.

  • The Company ensures the sale of the products within the framework of the

legislation applicable to the sale of the products concerned. In the event that the Customer acquires products that are prohibited for sale to minors, the Company shall not be liable for any harmful consequences for the minor resulting from the consumption of such products.

  • The Company is not responsible for

non-performance of the sale of the products due to force majeure, disruptions, utility strikes of any kind, lockouts, labor disputes, fire, technical incidents, power failures, disruptions in the networks, (telecommunication) lines or communication systems used and/or the unavailability of our Website, non-delivery or late delivery from suppliers or other third parties and failure to receive authorization from the authorities or other similar events

 

Article 12 – Intellectual Property

  • The entire content of the Company’s website is the

This content is protected by copyright (and 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). As such, they may not be copied, reproduced, used either temporarily or permanently for purposes other than those that may be attributed to the Client, without the authorization of the Company, owner of the website.

  • The Company cannot guarantee the compatibility of the site

Internet with any hardware or software used by the Customer.

  • If Customer wishes, for any reason, to create,

from a third party site, a link to the Site, in is required to inform the Company beforehand. Information can be sent by e-mail to nestvini@gmail.com.

Article 13 – Personal data

  • Any personal data concerning the Customer

as defined by the European Data Protection Regulation 2016/679 (GDPR) is processed in compliance with this Regulation. These data are processed and stored solely for the proper execution of the contractual relationship between the parties and are not, under any circumstances, transmitted to third parties for any other purpose. In this regard, please consult the www… page of the Company’s website (to be completed with the privacy policy link).

  • The data kept by the Company are the following:

last name, first name, address, e-mail address, telephone number, bank account number.

  • The Customer has the possibility of: (i) objecting, on

to the processing of his personal data, for serious and legitimate reasons, unless such opposition makes the proper execution of the contractual relationship between the parties impossible; (ii) to access, free of charge, the data concerning him/her kept by the Company and to obtain the rectification of any data that are incomplete, inaccurate or irrelevant; (iii) request the deletion of his or her data from the Company, provided that the Company is not required to retain the data due to a legal obligation; (iv) request the portability of its data held by the Company to a third party; (v) withdraw, if applicable, at any time, consent to the processing of data based solely on consent.

  • Any request regarding the above must be

sent in writing to the Company’s headquarters by mail, or by email to nestvini@gmail.com.

  • The Company may disclose to third parties information

personal information upon request by any legally authorized authority. The Company may also disclose such information if such disclosure is required, in good faith, to comply with laws and regulations or to protect or defend its rights or property.

 

Article 14 – Collection of testimonies

  • The Services performed by the Company on behalf of the

Customer data may be used by the Company for reference purposes at any time in an anonymous manner. The Company undertakes to obtain the Client’s consent for references with explicit mention of the Client’s data.

  • The Company may request the Client to obtain a

testimony, written, oral or visual, on the realization of the Services and their effect on a personal basis. The Customer remains free, at any time, to refuse to give such testimony. In case of acceptance, he/she is invited by the Company to give his/her formal agreement in writing. Testimonials collected by the Company may be used for documentary or reference purposes.

 

Article 15 – Complaints

  • Any claim whatsoever by 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 claim by phone: 0479.54.16.08, by mail: nestvini@gmail.com or by mail to the address of the headquarters of the company, postmarked. The Company undertakes to provide you with an answer within 3 working days and to make every effort to find an amicable solution that suits all parties. Insofar as a claim is made by the Client within the time limits provided for above, and insofar as the Company accepts it, the amount claimed shall be limited to the value of the Products concerned.

 

Article 16 – Invalidity

  • The possible nullity of a provision of the present

The validity of these general terms and conditions is not affected by any deviation from these general terms and conditions. If a clause is rendered invalid, the parties undertake to enter into a clause with similar effect and to insert it in these terms and conditions.

 

Article 17 – Application of Belgian law

  • These terms and conditions, as well as any

Any dispute as to the validity, interpretation or execution of these general conditions shall be governed by Belgian law.

  • All provisions not specified herein

The general conditions are governed by Belgian law.

  • If, for any reason, international or national law does not

Should any other foreign legislation apply, it will be interpreted in the first instance in accordance with the Belgian Market Practices and Consumer Protection Act.

 

Article 18 – Resolution of disputes and competent courts

  • In case of dispute, mediation between the Company and the Client

is preferred. If, however, no agreement is possible, the competent courts are those of the judicial district of the Company’s registered office.