General Terms and Conditions

Legal age to purchase alcoholic beverages

By ordering online, the purchaser certifies to Garden Gin Company that they are of the legal age of 18 to purchase and or drink alcoholic beverages. In accordance with article 6, paragraph 6 of the law of January 24, 1977, you may be asked at any time to prove that the customer is over 18 years of age by requesting your identity card or checking the national register.

More info can be found on the FPS Public Health website:

GENERAL TERMS AND CONDITIONS OF SALE GARDEN GIN COMPANY

COMPANY DATA

GARDEN GIN COMPANY

BV The Bloempothoeve
Flowerpot Street 23A
9170 Meerdonk
info@gardengin.eu
CELL PHONE 0498 40 85 80
BE 080833.247.915

ARTICLE 1. GENERAL PROVISIONS

The e-commerce website of BV De Bloempothoeve, a BV with registered office at Bloempotstraat 23A – 9170 Meerdonk, VAT BE 0833.247.915 (hereinafter referred to as Garden Gin Company) offers its customers the opportunity to purchase the products from its online store online.

These Terms and Conditions (“Terms and Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order through the online store of BV De Bloempothoeve, the Customer must expressly accept these Conditions, thereby agreeing to the applicability of these Conditions to the exclusion of all other conditions. Additional conditions of the Customer are excluded, except when previously, in writing and expressly accepted by BV De Bloempothoeve.

ARTICLE 2. PRICE

All prices stated are expressed in EURO, always including VAT and any other taxes or duties that the Customer is obliged to pay.

If delivery, reservation or administrative fees are charged, this will be stated separately.

The statement of price refers only to the items as it is described verbatim. The accompanying photographs are for decorative purposes and may contain elements not included in the price.

ARTICLE 3. ADVERTISEMENT

Despite the fact that the online catalog and the e-commerce website are compiled with the utmost care, it is still possible that the information offered is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Garden Gin Company. Garden Gin Company is only bound by an obligation of means as to the accuracy and completeness of the information offered.

Garden Gin Company shall in no event be liable in the event of manifest material errors, misprints or printing errors. If the Customer has specific questions about e.g. sizes, color, availability, delivery time or delivery method, we request the Customer to contact our customer service department in advance.

The offer is always valid while supplies last and may be modified or withdrawn by Garden Gin Company at any time. Garden Gin Company cannot be held responsible for the unavailability of any product.

If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer.

ARTICLE 4. ONLINE PURCHASES AND AGE VERIFICATION WHEN PURCHASING ALCOHOLIC BEVERAGES

By ordering online, the purchaser certifies to Garden Gin Company that they are of the legal age of 18 to purchase and or drink alcoholic beverages. In accordance with Article 6, paragraph 6 of the Law of January 24, 1977, proof that the customer is over 18 years of age may be requested at any time.

To prevent abuse, you may be asked to prove that you are of legal age of 18 after you place your order.

To order, simply click on the shopping cart on the overview page or click on the “Order” button on the product page.

When all products have been ordered click on “Shopping Cart” at the top right where you will get an overview of all products ordered. Here it is possible to enter any received discount code.

Then click on “Order these items.” Here you can complete your address information, choose the delivery method and payment method. Depending on your choice, payment and or delivery fees will be charged.

The Customer has the choice between the following free payment methods

– by bank card (Bancontact/Mister Cash) or credit card

– by bank transfer to account number BE41 3632 0081 6110 (ING)

Garden Gin Company is entitled to refuse an order pursuant to a serious default by the Customer with respect to orders involving the Customer.

ARTICLE 5. DELIVERY AND EXECUTION OF THE AGREEMENT

All our shipments are sent with Bpost or DPD. Each delivery is subject to a delivery charge depending on the weight of the shipment. This cost is clearly indicated in the check-out procedure control screen.

Items ordered through this online store will be delivered in Belgium or other countries of the European Union. Only packages up to 30kg max will be delivered at the standard suggested shipping rates. For heavier packages, we will contact you to suggest the most efficient transportation method.

The cost price is always borne by the customer (transport costs already paid are always deducted)

Finally, it is also possible to pick up your delivery yourself. Pickup is free within store opening hours. Opening hours can be viewed on the web shop.

Unless otherwise agreed or expressly provided, the goods will be delivered to the Customer’s residence within 14 days of receipt of the order.

Any visible damage and/or qualitative deficiency of an item or other failure in delivery must be reported by the Customer to Garden Gin Company without delay.

Risk for loss or damage shall pass to the Customer as soon as he (or a third party designated by him, who is not the carrier) takes physical possession of the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier was instructed by the Customer to transport the goods and this choice was not offered by Garden Gin Company.

ARTICLE 6. RETENTION OF TITLE

The delivered items remain the exclusive property of Garden Gin Company until the moment of full payment by the Customer.

The Client undertakes, if necessary, to point out Garden Gin Company’s retention of title to third parties, e.g. to anyone who would come to seize items not yet paid for in full.

ARTICLE 7. RIGHT OF WITHDRAWAL

The provisions of this article apply only to Customers who purchase items online from Garden Gin Company in their capacity as consumers.

The Customer has the right to revoke the agreement within a period of 14 calendar days without giving reasons.

The withdrawal period expires 14 calendar days after the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the good.

To exercise the right of withdrawal, the Client must call +32 (0)498 40 85 80, via email at info@gardengin.eu or by mail to the following address Garden Gin Company, Bloempotstraat 23A, 9170 Meerdonk by means of an unequivocal statement (e.g., in writing by mail, fax or e-mail) of its decision to withdraw from the contract. The Customer may use the attached model withdrawal form for this purpose, but is not obliged to do so.

“The Customer may also complete the model withdrawal form or other clearly worded statement electronically and send it to info@gardengin.eu. If the Customer makes use of this option, we will send the Customer an acknowledgement of receipt of his withdrawal on a durable medium (e.g. by e-mail) without delay.”

To comply with the withdrawal period, the Customer must send his communication concerning his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return or hand over the goods to Garden Gin Company, Bloempotstraat 23A, 9170 Meerdonk, without delay, but in any case no later than 14 calendar days after the day on which it communicated its decision to revoke the agreement to Garden Gin Company. The Customer is on time if he returns the goods before the period of 14 calendar days has expired.

The direct cost of returning the goods shall be borne by the Customer.

If the returned product is in any way diminished in value, Garden Gin Company reserves the right to hold the Customer liable and claim damages for any diminution in the value of the goods resulting from the Customer’s use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods.

Only items in their original packaging, along with all accessories, instructions for use and invoice or proof of purchase can be taken back.

If the Customer revokes the agreement, Garden Gin Company will refund all payments received from the Customer up to that point, including standard delivery charges, to the Customer within a maximum of 14 calendar days after Garden Gin Company is notified of the Customer’s decision to revoke the agreement. For sales contracts, Garden Gin Company may wait to issue a refund until it has received all the goods back, or until the Customer has demonstrated that it has returned the goods, whichever comes first.

Any additional costs resulting from the Customer’s choice of a mode of delivery other than the least expensive standard delivery offered by Garden Gin Company will not be refunded.

Garden Gin Company will refund the Customer using the same means of payment with which the Customer made the original transaction, unless the Customer has expressly agreed otherwise; in any event, the Customer will not be charged for such refunds.

ARTICLE 8. WARRANTY

Under the Act of September 21, 2004 on the Protection of Consumers in the Sale of Consumer Goods, consumers have legal rights. This legal warranty is valid from the date of delivery to the first owner. Any commercial warranty does not affect these rights.

To invoke the warranty, the Customer must be able to provide proof of purchase. Customers are advised to keep the original packaging of the goods.

For items purchased online and delivered to the Customer’s home, the Customer must contact Garden Gin Company customer service and return the item to Garden Gin Company at their expense.

Upon finding a defect, the Customer must notify Garden Gin Company as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after its discovery. Thereafter, any right to repair or replacement shall expire.

The warranty (commercial and/or legal) is never applicable to defects that arise as a result of accidents, neglect, falls, use of the item contrary to purpose for which it was designed, non-compliance with user instructions or manual, modifications or alterations to the item, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if any, delivery, are deemed not to be hidden defects, subject to proof to the contrary by the Customer.

ARTICLE 9. CUSTOMER SERVICE

Garden Gin Company customer service can be reached at the phone number +32 (0)498 40 85 80, by e-mail at info@gardengin.eu or by mail at the following address Garden Gin Company, Bloempotstraat 23A, 9170 Meerdonk. Any complaints can be directed to it.

ARTICLE 10. PENALTIES FOR NON-PAYMENT

Without prejudice to the exercise of any other rights available to Garden Gin Company, in the event of non-payment or late payment, the Client will owe interest of 10% per annum on the unpaid amount by operation of law from the date of the default and without notice. In addition, the Customer shall owe, ipso jure and without formal notice, a fixed indemnity of 10% on the amount involved, with a minimum of 25 euros per invoice.

Notwithstanding the foregoing, Garden Gin Company reserves the right to take back items not paid for (in full).

ARTICLE 11. PRIVACY

The controller, Garden Gin Company(BV De Bloempothoeve) respects the Belgian law of December 8, 1992 regarding the protection of privacy in the processing of personal data.

The personal data provided by you will only be used for the following purposes: execution of the concluded agreement, processing the order, sending newsletters, advertising and/or marketing purposes.

You have a legal right to inspect and possibly correct your personal data. Provided proof of identity (copy of identity card), you can obtain the written communication of your personal data free of charge via a written, dated and signed request to Garden Gin Company, Bloempotstraat 23A, 9170 Meerdonk or via email to info@gardengin.eu. If necessary, you can also ask to correct the data that would be incorrect, incomplete or not pertinent.

In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. To this end, you can always contact Garden Gin Company, Bloempotstraat 23A, 9170 Meerdonk or via email to info@gardengin.eu.

We treat your data as confidential information and will not transfer, rent or sell it to third parties.

The customer is responsible for keeping his login information confidential and using his password. Your password is stored encrypted, Garden Gin Company therefore has no access to your password.

Garden Gin Company keeps online (anonymous) visitor statistics to see which pages of the Internet site are visited to what extent.

If you have any questions about this privacy statement, please contact us at Garden Gin Company, Bloempotstraat 23A, 9170 Meerdonk or by email at info@gardengin.eu.

ARTICLE 12: USE OF COOKIES

During a visit to the site, “cookies” may be placed on your computer’s hard drive. A cookie is a text file placed by a website’s server in your computer’s browser or on your mobile device when you access a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.

Garden Gin Company uses only “First party cookies” (technical cookies used by the visited site itself and whose purpose is to make the site function optimally).

You can set your Internet browser to not accept cookies, to alert you when a cookie is installed, or to delete cookies from your hard drive afterwards. You can do this through your browser’s settings (via the help function). Keep in mind that certain graphics may not appear correctly, or you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

ARTICLE 13. ENCROACHMENT VALIDITY – NON-ENCROACHMENT

If any provision of these Terms is declared invalid, illegal or null and void, this will in no way affect the validity, legality and applicability of the other provisions.

he failure at any time by Garden Gin Company to enforce any of the rights enumerated in these Terms, or to exercise any right hereunder, shall never be deemed a waiver of such provision and shall never affect the validity of such rights.

ARTICLE 14. CHANGE CONDITIONS

These Terms are supplemented by other terms and conditions explicitly referenced and Garden Gin Company’s general terms and conditions of sale. In case of contradiction, these Terms take precedence.

ARTICLE 15. PROOF

The Customer accepts that electronic communications and backups may serve as evidence.

ARTICLE 16. APPLICABLE LAW – DISPUTES

Belgian law applies, with the exception of the provisions of international private law on applicable law.

The courts of the Consumer’s domicile shall have jurisdiction in case of legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).

Appendix 1: Model withdrawal form

Dear Customer, You should only complete and return this form if you wish to revoke the contract.
You can copy the text below and paste it into a word processor and then complete it.

To Garden Gin Company, Bloempotstraat 23A, 9170 Meerdonk or via email to info@gardengin.eu:

I/We (*) hereby inform(*) you that I/We (*) have accepted our agreement regarding the sale of the following

goods/delivery of the following service (*) revoked/revoked (*):

Ordered on (*)/Received on (*):

Name(s) Consumer(s) :

Consumer address(es) :

Signature of consumer(s):

Date :

(*) Delete what does not apply.