Terms & Conditions

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Terms & Conditions

Article 1: Legal information Dénomination: TopWinesOnly Registered Office: Belgium, 3000 Leuven, Charles Deberiotstraat 15 Reg. Number: 0828.791.259 VAT Identification Number: BE 0828.791.259 Tel: 0032-472/41.78.47 Email: info@topwinesonly.com

Article 2: Acceptance of the General Terms and Conditions Unless specifically stipulated and with a written agreement between the parties, all orders are conditioned by the present general conditions and terms, prevailing over any other documents issued by the seller. No other general conditions and terms than these specified below of TopWines Only will be applicable. TopWinesOnly reserves the right to alter or amend the general terms and conditions. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way.

Article 3: Offers / Prices / Orders All our prices are valid according to availability, except for special offers, promotions and gifts. Prices are indicated in Euros, including VAT and Excise duties. TopWinesOnly reserves the right to alter the prices in case of alteration in the VAT and/or Excise duties between the order of products and the delivery of products. Our offers are exclusively available for private consumers, in no case for importers or distributors. Given the extremely rare or speculative nature of some of our products, the assumed average consumption of a private individual and our aim to satisfy each and every customer of ours, we reserve the right to apply restrictions on available quantities, or even to cancel an order which appears to be obviously abnormal. All orders are confirmed through the mailing of the invoice but the delivery of the order is subject to the full and entire payment of the stated price (after confirmation from our bank that the funds have been received into our account).

Article 4: Means and conditions of payment Payment of the goods is entirely due upon order, either by cheque , credit card (Visa, MasterCard, Diners or American Express) or bank transfer to the following account at the: Code SWIFT / BIC: AXABBE22 IBAN: BE19 7512 0495 8212 No payment may be postponed without our prior agreement. Please note we cannot be held responsible for any commission or banking charge applied by your issuing bank. Bottled wines available now An invoice indicating the prices in Euros and including VAT will be issued by TopWinesOnly and mailed to the customer's invoicing address. En-Primeur wines An order of En-Primeur wines must be paid by a deposit equivalent to the total value of the wines including VAT and Delivery charges. Upon reception of the order and payment, a pro-forma invoice of the wines will be mailed to the customer's invoicing address. This pro-forma invoice and the proof of payment will guarantee the rightful ownership of the wines. Once the wines become available a final invoice will be mailed to the customer's invoicing address. TopWinesOnly reserves the right to alter the prices in case of alteration in the VAT and/or Excise duties between the order of products and the delivery of products.

Article 5: Payment delays All overdue amounts automatically entail the legitimate application without given notice of the payment of interests for delayed payment on the basis of 5% at least of the total value of the outstanding amount, and this from the date of invoice. A compensation of 15% of the amount of the order will also be due, without loss of the interest for delayed payment and damage, and this without prejudice for TopWinesOnly to prove higher damages or other legal remedies available under the Belgian Law.

Article 6: Deliveries – Delays All the goods are transported by DPD. The price of transport and delivery is included and directly advertised on the invoice. All the goods are insured by DPD during their transport, and this up to a maximum amount of 500€ excluding VAT and Excise Duties. The deliveries are made within a maximum delay of 2 to 3 weeks as from the date of reception of payment of the goods at our office in Leuven. However, if 7 days after this delay, exception made for cases of Force Majeure, the good has not yet been delivered, the customer can cancel the contract in writing by registered post with acknowledgement of receipt. The customer will then obtain a refund of his payment apart from all other compensation or damages, within the following 14 days at the most. This delay is indicated as exactly as possible but may vary according to the supplying and transport possibilities of TopWinesOnly, as well as the weather conditions.

Article 7: Liability TopWinesOnly’s liability, in the context of this agreement, is excluded to extend permitted by the applicable Law. TopWinesOnly particularly can not be held liable to shortcomings in the implementation of the agreement in case of Force Majeure.

Article 8: Cooperation and responsibility customers The customer is responsible for the correctness of his personal data (adres,….) and this as well when placing an order, as well as in any other communication with TopWinesOnly

Article 9: Guarantee customer If TopWinesOnly’s trust in the customer’s solvency is shaken, due to any judicial procedures , measures or actions (such as insolvency) or any other assignable events, is in such a way that the proper implementation of the commitments made by the customer, is asked in to question and/or made impossible, TopWinesOnly reserves the right to consider the agreement as dissolved, and this without any prior notice. In such circumstances TopWinesOnly reserves the right to claim damages as stipulated in art. 5.

Article 10: Cancellations The customer has a period of 14 days from the receipt of his order to exercise his right of withdrawal. The customer must at first inform the sales department in writing (email, fax or letter) of his decision before returning the goods (a specific form for this purpose is available here below*). As the exception, these measures do not apply to orders concerning products subject to customization or a specific request. Once the withdrawal is transmitted, a further period of 14 days is given to the client to return the unwanted products in their original packaging for exchange or refund, without penalty, except for the cost of return. This right of cancellation does not apply to bottles which have been opened, and they have to be reconditioned securely in their original package and be of a resalable condition. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer. TopWinesOnly reserves the right to defer refund until all goods are delivered back to our office. Under the exception provided in the paragraph g of the article 16 of the European Directive 2011/83/UE, the right of withdrawal is excluded from sales contracts concerning en-primeur wines.

Article 11: Contract cancellation In the event the customer has not settled payment due on the settlement date and after a period of one month after the final demand for still due settlement, the sale will be cancelled by the seller if it wishes to, and the deposit that might have been paid refunded to the buyer. The seller may as well ask for the goods that are already delivered to be returned, without loss of the interest for delayed payment and damage.

Article 12: Property reserve It is expressively understood that all our goods remain our property, wherever they may be, until the complete settlement of the corresponding invoices. This is not an obstacle to the transfer of the risks to the buyer, once the delivery of the goods is effective.

Article 13: Complaints Upon reception of the wines, it is up to the addressee to check the state of the goods and to note any reserve concerning breakage, damage or missing goods on the delivery slip and to inform the delivery company and TopWinsOnly in writing by registered post with acknowledgement of receipt within 48 hours in order to preserve his rights. In case of stock shortage of the purchased good, it may be offered to the customer to exchange it, with his agreement, whether with another vintage or another equivalent wine. If not possible, we will refund him within 30 days. After elapse of the 48hours upon reception, it is assumed that the customer has received and accepted the goods integrally and without any preservation. Any complaints that are made after 48hours upon receipt will not be accepted. The formulation of any complaint does not give the customer the right to postpone payment of the delivered goods. TopWinesOnly is in no way or any circumstance liable for flaws in the delivered goods. TopWinesOnly receives the bottles from a Third Party in closed off packages and does not open them in any way. The liability for any ‘flaws’ in delivered bottles lies and stays with The Third Party from whom TopWinesOnly receives the goods.

Article 14: Protection of minors - Abuse of alcohol The sale of alcohol is prohibited to minors. By ordering our products you certify to be over 18 years old. Abuse of alcohol is dangerous for health. Be able to drink and enjoy with moderation.

Article 15: Visuals and data protection Photos and illustrations displayed on the website are non-contractual. E&OE. According to the European directive 96/9/CE dated of the 11/03/1996 concerning the Legal protection of databases, TopWinesOnly remains the creator and owner of all and part of such databases that are composing this website. All information displayed thereon (texts, images, logos, graphics, icons…) are protected by copyright

Article 16: Use of Information This site has been declared at the CNIL N°707016. The information received on the site can be communicated outside, except if refused by the customer. The use of this information can also be made for legal reasons or subject to regulations. In application of the article n°12 and n°14 of the order 95/46/CE of the European Parliament and Council (European Data Protection), you have the right to access to, modify, correct and delete your data. For any claim, feel free to contact our customer service.

Article 17: Cookies During the visit to the website of TopWinesOnly, which uses cookies, these cookies can be stored on the hard disk of the pc or any digital device of the customer. Such cookies are exclusively used to better suit the needs of the customer with regards to the website itself or the webshop. Furtherly these cookies are used to temporarily store the contents of the “shopping cart” of the customer. The cookies are under no circumstance used to record or verify the surfing behavior of the customer, nor are these ever communicated to third parties.

Article 18: Dividability If any of the provisions of these Terms & Conditions are found in violation of a mandatory provision of the applicable Belgian of foreign law, present or future international convention, the relevant provision will be developed to the maximum allowable development. If any terms or condition is invalid, illegal or unenforceable in any way, the validity, legality and enforceability of the remaining provisions of not affected of diminished in any way.

Article 19: Complete agreement This agreement, consisting of enclosed bids and these Terms & Conditions, constitutes the entire agreement between TopWinesOnly and the customer regarding this subject matter. The application of any contractual terms of the customer is expressly excluded. Changes to the contract are only binding subject to written agreement between TopWinesOnly and the customer. In the event of any inconsistency or discrepancy between the offer and these Terms & Conditions , these Terms & Conditions shall prevail , unless the offer expressly determined to prevail over the terms and conditions , stating the determination of the terms and conditions that the tender intends to depart .

Article 20: Applicable law and Jurisdiction In the event of issues regarding the application of these here before terms and conditions, we would invite you to find an amicable solution by contacting our customer service department. These general Terms and Conditions will be subject exclusively to the Belgian Law and fall exclusively within the jurisdiction of the Courts of the District Leuven, under the application of the Rome 1 Regulation.

* click here to download the form for request of return of material