Terms and Conditions

All contractual relations are exclusively subject to these general terms and conditions of sale, which were notified to the buyer before the conclusion of an agreement with J. THIENPONT BV (registered office at 9680 MAARKEDAL, Bossenaarstraat 14 and VAT / BCE (BE ) 0426.442.979 - wine@thienpontwine.com). The buyer explicitly declares to have accepted and recognized the terms and conditions of sale. Consequently, the buyer expressly declares to have read and accepted these general terms and conditions of sale. These general conditions of sale are a fundamental part of the contract.

Only specific written conditions expressly agreed in advance between J. THIENPONT BV and the buyer may differ from these general conditions of sale. These general conditions of sale may be modified occasionally by J. THIENPONT BV, without the purchaser being informed in advance. However, the conditions applicable at the time of the conclusion of the sale will continue to apply to current contracts.

  1. Offers

All the offers made by J. THIENPONT BV are non-binding and entail no obligation. Orders placed, directly or through agents or representatives, will only be final after written confirmation and signature by J. THIENPONT BV. All commitments entered into by representatives, agents, brokers or other intermediaries of J. THIENPONT BV are binding on J. THIENPONT BV only after written confirmation by the latter.

  1. Availability

All wines, spirits and other products are subject to availability. When selecting wines or other products from our online store, we try to ensure that they remain available throughout the ordering process by updating our system every 10 minutes. However, some items can inevitably go out of stock. If we are unable to supply a particular item, or if we do not provide a replacement product, we will not be liable to you except to ensure that you are not charged for that item. J. THIENPONT BV reserves the right to refuse orders if it appears that certain prices or product specifications on the website prove to be incorrect due to a technical fault or a human shortcoming.

  1. Delivery

All orders confirmed by J. THIENPONT BV will be executed promptly. Delivery times will nevertheless be communicated for information purposes only and do not bind J. THIENPONT BV in any way. Delays in delivery therefore do not give any right to compensation or termination of the contract. All costs of transport, delivery, postage, taxes and import duties (additional) are the responsibility of the buyer, unless expressly agreed otherwise.

Thienpont Wine offers free delivery in Belgium for all orders over € 250.00 incl. VAT. For orders below the minimum amount, we charge a transport cost of 12 € or we refer to the rates of our external transport partners.

  1. Complaints and right of withdrawal

Any complaint about the execution of the contract must be communicated - in writing and at the latest within 7 days and must be expressly accepted by J. THIENPONT BV. In the event of a well-founded complaint, within the stated time limit, J. THIENPONT BV. reserves the right to take back the defective delivery and to replace it with a new delivery of the same or similar product without payment of any compensation.

In accordance with article VI 51 e.s. CDE, the consumer has a right of withdrawal in order to withdraw from the order within 14 days after purchase. To this end, the consumer will address himself in writing to J. THIENPONT BV and, if necessary, will bear the costs of returning the goods.

  1. Payment

Unless otherwise stipulated, all invoices by J. THIENPONT BV are to be paid to Etikhove within 30 days from the date of the invoice.

All collection costs are the responsibility of the buyer.

Any unpaid invoice on the due date is increased, from the due date on, automatically and without formal notice, by late interest of 10% per year on the amount due.

Any late payment will also give rise, automatically and without formal notice, to the payment of a fixed allowance of 10% of the amount due, with a minimum of 125.00 EUR as a penalty clause.

All costs resulting from unpaid drafts or checks, as well as other collection costs, are not included in this fixed allowance and are charged separately to the buyer. All other sums due by the buyer on the due date of an unpaid invoice will become immediately payable.

The above amounts will also be borne by J. THIENPONT BV in the event that J. THIENPONT BV is liable for certain undisputed amounts in connection with offers, orders or agreements.

In the event of non-payment, J. THIENPONT BV reserves the right to suspend any subsequent execution. In addition, J. THIENPONT BV reserves the right to terminate the contract as of right and without formal notice for the whole or for the part not executed.

All partial payments by the buyer are first charged against interest and indemnities and then against the principal of the oldest invoices.

  1. Retention of title

This retention of title expressly refers to the application of Articles XX.194 and 201 CDE and to the provisions of the articles concerning the pledge under Title XVII. “Security interests in movable property” Former Civil Code.

The risk is expressly transferred to the buyer at the time of conclusion of the contract.

For shipment to the consumer, the transfer of risk is postponed until the consumer or the third party indicated by the consumer who is not the sender has acquired physical possession of the goods.

  1. Liability

The liability of J. THIENPONT BV is limited to the value of the products supplied to the maximum, regardless of the extent of the damage, the value of the products being determined by the sales invoice, excluding VAT, transport costs and / or other rights.

  1. End-Termination of the contract

If J. THIENPONT BV is unable to perform the contract, whether fully or partially, as a result of force majeure, strike etc., it reserves the right to terminate the contract, without any compensation due.

J. THIENPONT BV reserves the right to consider the contract as terminated automatically and without prior notification in the event of bankruptcy, judicial reorganization, manifest insolvency, as well as in the event of any substantial change in the legal situation or the state of affairs of the buyer.

  1. Competent court - Applicable law

Any dispute and dispute between the parties will be submitted exclusively to the courts of the province of East Flanders, department of Oudenaarde, including the summary proceedings.

All legal relationships are governed by Belgian law.

  1. Severability clause

The total or partial nullity of a clause does not entail the nullity of the other clauses of these general conditions of sale.

  1. Privacy

J.THIENPONT BV processes your contact details in accordance with the Belgian law of July 30, 2018 on the protection of individuals with regard to the processing of personal data and in accordance with its confidentiality policy, to be consulted at www.thienpontwine. com.