General terms and conditions of the site shop.belgianwhisky.com


Article 1 : Purpose
Article 2 : Personal consumption
Article 3 : Prohibition of sale to minors
Article 4 : Products
Article 5 : Order
Article 6 : Prices
Article 7 : Payment
Article 8 : Delivery
Article 9 : Réserve de propriété
Article 10 : Renonciation
Article 11 : Protection des données personnelles et respect de la vie privée
Article 12 : Propriété intellectuelle et droits d’auteur
Article 13 : Responsabilité et force majeure
Article 14 : Droit applicable et litiges

Article 1 : Purpose

These General Terms and Conditions apply between:

The Owl Distillery S.A., whose registered office is located at Rue Sainte-Anne, 94 at 4460 Grâce-Hollogne, Belgium, VAT no. 0867 330 745, editor of the "The Belgian Owl" site; and any person, an individual or company, visiting the website for online sale http://shop.belgianwhisky.com, hereinafter referred to as The Customer.

These General Terms and Conditions govern the relationship between The Owl Distillery and the Customer for any use by the Customer of the site assigned for online sales http://shop.belgianwhisky.com and

The Owl Distillery reserves the right to change or amend these General Terms and Conditions at any time.

Unless expressly agreed otherwise in writing between the parties, the relationship between The Owl Distillery and its customers is subject to these General Terms and Conditions, which are recognised and accepted by the customer. The General Terms and Conditions are available in French, Dutch and English.

The Customer declares that he/she has the legal capacity to enter into a contract, which means he/she is of the minimum legal age and is not under supervision or guardianship.

Every order is equivalent to the acceptance of the general terms and conditions of sales by the buyer.

The Customer Service can be contacted for any question concerning the products and the online sales site http://shop.belgianwhisky.com:

• By e-mail to info@belgianwhisky.com
• By mail: The Owl Distillery SA., Rue Sainte-Anne 94, 4460 Grâce-Hollogne, Belgium.

IF YOU DO NOT AGREE TO THESE GENERAL TERMS AND CONDITIONS, OR IF YOU HAVE ANY DOUBTS ABOUT THEIR VALIDITY FOR YOU, PLEASE LEAVE THE SITE IMMEDIATELY.

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Article 2 : Personnal Consumption

The Customer declares that the products purchased on the online sales site http://shop.belgianwhisky.com are for his own personal consumption (or bought as a gift to be distributed freely) and will NOT be sold. The Customer who has the intention to resell the products is invited to directly contact The Owl Distillery.

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Article 3 : Prohibition of sale to minors

According to the law of January 24, 1977 on the protection of consumer’s health in relation to food and other products, the sale and distribution of alcohol to minors is prohibited. The Customer declares that he has the legal capacity to contract, that is to say, he is of legal age and not under supervision or legal guardianship, in order to access the online sales site http://shop.belgianwhisky.com. The Customer declares that he is of legal age to consume alcoholic beverages in his country.

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Article 4 : Products

The Owl Distillery shall not incur any liability in the event of a shortage of stock or the unavailability of the products.

The Owl Distillery reserves the right to change the items offered on the online sale http://shop.belgianwhisky.com at any time and without prior notice.

The products offered for sale are described and shown with the greatest accuracy possible. However, if errors or omissions should occur in this presentation, the liability of The Owl Distillery shall not be able to be incurred. The photographs and texts illustrating the products are only of an indicative nature and do not come within the scope of the contract.

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Article 5 : Order

The main steps in this process are:

A. The identification

For the first order:

The Customer has the obligation to create an account with the "Lock" icon. In order to do so, he has to introduce his e-mail address and click on the "Create Your Account" tab.
A form entitled "Your personal information" will then appear.

Once this form is filled out, the Customer only has to click on the "Register" tab.

Once this stage is completed, the Customer can order the products of his choice by following the ordering process detailed at Section B below.

For subsequent orders:

The Customer will have access to the order process described at Section B below, by introducing his e-mail address and password in the window entitled "Already registered" after having clicked on the "Log in" tab.

B. The order process

  1. Thanks to the "Add to your basket” tab, the Customer can select the products of his choice to add these to his online shopping basket.
  2. Once the basket contains all the products of his choice, the Customer simply has to click on the "Order" tab in order to arrive at the screen with information concerning the delivery and the invoicing addresses.
  3. Then, the Customer has to confirm his order by using the "Next" tab.
  4. After having accepted the general terms and conditions of sales, the Customer will click on the "Next" tab.
  5. Finally, the Customer has to select the payment method for his order. Until the Customer clicks on the tab concerning the payment method in order to confirm the order, there is the possibility to modify or correct the order at any time, by using the "Previous" tab.

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Article 6 : Prices

The prices that shall be communicated in writing shall be in euro (€), inclusive of taxes and duties, but excluding delivery charges which shall be paid by the Customer unless stated otherwise or in application of special terms and conditions.

The Owl Distillery reserves the right to change the prices shown on the online sale http://shop.belgianwhisky.com at any time, but undertakes to apply the rates in force that have been communicated to the Customer at the time of his/her order, with reserve to the availability of the items on that date.

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Article 7 : Payment

The buyer has the responsibility to immediately settle the total value of the order, either through bank transfer, or through the OGONE online secure payment system.

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Article 8 : Delivery

The delivery is not included in the purchase process. The Customer is politely requested to come to the distillery to pick up the purchased products when the whisky will have reached maturity.

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Article 9 : Retention of property

Contrary to Article 1583 of the Civil Code, The Owl Distillery retains ownership of the sold goods until full payment of the price and possible compensations for delays and or damages.

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Article 10 : Waiver

For selling to consumers at a distance that fall within the scope of the Law of July 14, 1991, amended by the Law of May 25, 1999, the Customer has the right to inform the seller that he cancels the purchase without payment of any penalty and without having to give a reason, within 14 working days from payment.

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Article 11 : Protection of personal data and respect for privacy

Through simply registering on the online sales site http://shop.belgianwhisky.com, the Customer expressly authorizes The Owl Distillery to continue the processing of his personal data and use it for internal management purposes of his company. By “the company’s internal administration”, customer administration, managing orders, deliveries, billing, services, checking creditworthiness, as well as personalised marketing and advertising, is meant. In compliance with the law of 8 December 1992 relating to the protection of privacy, the customer has, at any time, the right to access and make corrections to his/her data free of charge by simple request accompanied by proof of identity.

The Customer shall be able, at any time, to request to consult, correct or remove the personal data relating to him/her recorded by The Owl Distillery by writing:

• By e-mail to: info@belgianwhisky.com
• By mail: The Owl Distillery SA, Rue Sainte-Anne 94, 4460 Grâce-Hollogne, Belgium.

For more information, the Customer is invited to consult the public register updated by the Privacy Protection Commission. In the event of a violation of the law of 8 December 1992, action may be brought before the presiding judge of the Court of First Instance and the Customer can consult the public register for data processing held by the Privacy Protection Commission.

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Article 12 : Intellectual property and copyright

All components of The Belgian Owl – The Owl Distillery websites (photos, models, illustrations, images, sound recordings, texts, logos, trademarks, etc.) making up the online sale http://shop.belgianwhisky.com are the exclusive property of The Owl Distillery and are protected by copyright, trademarks and patents.

It is prohibited for any person to reproduce in whole or partially, by any process whatsoever, to distribute, publish, transmit, modify or sell, all or part of the content of the website. Any reproduction, distribution, transmission, modification or use of these components without the prior express written agreement of The Owl Distillery, for any purpose whatsoever, is prohibited.

It is compulsory for any user who has a website and would like to insert a single link on his/her website directly to the welcome page of the online sale http://shop.belgianwhisky.com to request the express written authorisation for this from The Owl Distillery.

In addition, any hypertext link to the online sale http://shop.belgianwhisky.com and using in particular the framing, deep-linking, in-line linking technique, or any other deep linking technique is in all cases formally prohibited.

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Article 13 : Liability – Force majeure

The liability of The Owl Distillery shall not be incurred for all inconveniences or damages inherent to the use of the Internet network, in particular the interruption of service, an exterior intrusion or the presence of computer viruses.

The Owl Distillery cannot guarantee and confirm that the information contained on the online sale http://shop.belgianwhisky.com is accurate, complete or up to date.

The online sale http://shop.belgianwhisky.com may contain technical inaccuracies or other errors, and The Owl Distillery does not guarantee that these errors shall be corrected. The online sale http://shop.belgianwhisky.com and the content of this website are presented “as is” and “depending on availability”.

Generally, the liability of The Owl Distillery is excluded from any inability to carry out its contractual obligations in the event of force majeure or act of God, including, without this list being exhaustive: disruption or partial or full industrial action, in particular to the postal services, means of transport and/or telecommunications, fire, flood, natural disaster, breakdown of the internal or external electricity supply, and generally, any event outside the control of The Owl Distillery that does not allow it to properly complete orders and manage the website.

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Article 14 : Applicable law – Disputes

These General Terms and Conditions are regulated by Belgian law.

In the event that one of the clauses of these General Terms and Conditions should become null and void through a change in legislation, regulation or by a legal decision, this shall have no effect in any case on the validity of, and compliance with, the other clauses contained in these General Terms and Conditions.

In the event of a disagreement occurring, the Customer and The Owl Distillery undertake to find an amicable solution before commencing any legal action. The Customer can contact The Owl Distillery:

  • • By e-mail to info@belgianwhisky.com
    • By mail: The Owl Distillery SA, Rue Sainte-Anne 94, 4460 Grâce-Hollogne, Belgium.

In the event of a dispute, the Liège court shall have sole jurisdiction.

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