Terms of Sales
Article 1. Preamble
These conditions are concluded between, on the one hand, the S.P.R.L. under Belgian law Be2beer registered with the Banque Carrefour des Entreprises de Belgique under number 0681.730.054 and located at 7000 Mons, Rue de la Chaussée, 40, hereinafter referred to as "thebac.be" and, on the other hand, people wishing to make a purchase via the website of Belgian Beers http://www.thebac.be hereinafter referred to as "the user".
1.1 Identification
BE2BEER SRL
Rue de la Chaussée, 40
7000 Mons
VAT: BE 0681.730.054
1.2 General
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of any condition previously available on the site.
If a condition were to be lacking, it would be considered to be governed by the practices in force in the distance selling sector whose companies are headquartered in Belgium.
The non-application of one or more provisions of these conditions can never be considered by the client/buyer as a waiver of these conditions.
These conditions aim to define the terms of sale between thebac.be and the user, from the order to the services, including payment and delivery.
They regulate all the steps necessary for placing the order and ensure the follow-up of this order between the contracting parties.
Any user of the site who does not have a customer number must follow a registration procedure allowing him to subsequently obtain his customer number.
In all cases, the final validation of the order implies the acceptance of it, in its entirety and at the price indicated, by the user.
This validation is worth signature and express acceptance of all the operations carried out on the site.
Article 2. Terminology
The services offered by thebac.be on its website, namely the sale of products, will hereinafter be referred to as "thebac.be services", each person wishing to benefit from the services of thebac.be and having satisfied the general conditions of sale will be hereinafter referred to as a "customer", each company having mandated thebac.be to sell a product belonging to it on its site will be referred to as a "supplier", each order placed by a customer under the conditions provided for will be hereinafter referred to as "the order ".
Article 3. Registration of personal data
Any natural or legal person who registers during a visit to the "https://thebac.be" website as a potential contracting party of thebac.be communicates his personal data to thebac.be by registering.
Registration implies explicit consent that his identification data may be processed in the thebac.be data file. Only legal or natural persons with full legal and acting capacity can register.
During the registration process, the natural or legal person receives an identification number and chooses a password which is validated by thebac.be and this information is confirmed by the sending of a summary email by thebac.be to customer.
The customer is responsible for the confidentiality, security and actual use of his username and password.
Any use of a certain customer's username and password is assumed to have been made by that customer.
thebac.be may make it impossible to use the username and password temporarily or permanently, if it appears that the customer disregards one or more provisions of these general terms and conditions.
The controller of the customer's personal data is:
“thebac.be”
info@thebac.be
The processing of this personal data in the thebac.be data file takes place for the purpose of customer administration, management of orders, deliveries, invoicing of material and immaterial services, monitoring of solvency , profile advertising, personalized treatment and marketing.
Article 4. Protection of privacy.
Principles relating to the collection of personal data.
In principle, access to the information available on or via the site takes place without having to provide personal data, such as name, postal address, e-mail address, etc.
Exceptionally, in order to obtain additional services (request for information, reservation, member space, subscription to a newsletter, etc.), it is possible that personal information, mainly contact details, may be requested from the user. In this case, the user is notified in advance and the data is processed in accordance with the provisions of Directive 2002/58/EC relating to the processing of personal data. In concrete terms, this means in particular that:
Your personal data may only be collected and processed in accordance with the purposes indicated when they were collected.
You have the right to access and rectify this data at any time, as well as the right to object, in order to verify their accuracy and have any errors concerning them corrected. To do this, send us an e-mail to info@thebac.be specifying your contact details.
Use for statistical purposes of information relating to navigation.
When you access the site, the servers consulted automatically collect the following data:
• the IP address assigned to you when you connect;
• the date and time of access to the site;
• the pages consulted;
• the type of browser (browser) used;
• the platform and/or operating system installed on the PC;
• the search engine as well as the keywords used to find the site.
This information is only kept for the sole purpose of measuring the number of visitors to the different sections of the site and making improvements.
Use of cookies. In order to facilitate your navigation on the site as well as to optimize the technical management, thebac.be may occasionally be required to use "cookies".
A "cookie" is a small piece of information saved by a website within your computer's Internet browser. This "cookie" can be retrieved during a subsequent visit to this same site. The "cookie" cannot be read by a website other than the one that created it. The site uses "cookies" for administrative purposes to, for example, save your preferences for certain types of information, which will save you from having to repeat the same keystrokes each time you visit our site.
Most "cookies" only work during a session or visit. None of them contain information making you likely to be contacted by telephone, e-mail or post. You can also configure your browser to inform you each time a "cookie" is created or to prevent them from being saved.
Article 5. Terms of prizes.
All information relating to the products, such as delivery costs and the guarantee, as well as the prices, are listed on the corresponding description sheet for each product.
The selling price of each product presented on the thebac.be website is expressed in euros. This is a price that includes VAT (when applicable) as well as all costs (Recupel or others), excluding any delivery costs and additional warranty.
Sales without VAT to persons not subject to VAT are only possible insofar as the supporting documents are produced beforehand.
The price paid by the buyer, hereinafter called the total price, is also explicitly indicated as such when placing the order itself.
Since 07/01/2001, in application of the regional agreements on environmental policies at the time of the purchase of any new electrical or electronic device, a recycling fee is collected on behalf of ASBM Récupel, an approved organization in charge of the recovery and recycling of old appliances and this, for an amount of 1 to 6 euros depending on the product. This contribution is already included in the price.
For any questions regarding the price terms, the customer simply sends an email to info@thebac.be.
Article 6. Delivery and conditions.
The minimum purchase is €30.00 including tax.
Any order placed on the www.thebac.be site will be delivered by the services of Bpost, DPD or Mondial Relay.
In the case of return of parcels, the return costs are always borne by the customer.
Delivery delay :
Once the package has been prepared (1 to 5 days), the delivery times generally observed vary between 1 and 6 days (1 to 3 days for Belgium, 2 to 6 days for the rest of Europe) from confirmation of the customer's order at thebac.be.
Packaging and insurance:
Your purchases are packed with the greatest care, using protective materials. The attention we pay to packaging allows us to offer delivery in the best conditions. The products shipped are insured free of charge against deterioration and theft for the entire duration of transport. You must therefore ensure the integrity of your order and all the items that make it up upon receipt of the package and in the presence of the person making the delivery in order to issue a reservation if necessary.
In the event that you have any doubts about the status or content of the order, you are required to refuse the goods upon receipt thereof. Any refused product must be returned to the carrier as a whole and in its original packaging.
In case of absence
In the case of a delivery, a transit advice note is left in your mailbox. The first time, a phone number will allow you to set a new delivery time. If by misfortune, the second attempt fails, you then have a period of 5 working days to collect your package at the nearest post office indicated on the delivery notice.
Possible loss of packages
Despite the computer tracking of our shipments, it is very exceptionally possible that a package is lost.
In this case, we invite you to contact our customer service by Email: info@thebac.be
The following cases of force majeure in particular release thebac.be from its obligation to deliver: war, revolt, fire, strikes, accident and impossibility of being supplied itself by suppliers or normal carriers.
In the following cases in particular, thebac.be can temporarily suspend delivery: internal network faults, telephone faults, faults in (problematic) Internet access and the like. The execution of the contract is then suspended until the disturbance is remedied and/or access to the Internet is restored without the buyer being able to invoke the dissolution of the contract and/or damages. .
For any questions regarding delivery, please email us at info@thebac.be.
Article 7. Terms of order.
The order is placed by the customer with thebac.be via the website. The order can only be registered on the site if the user has clearly identified himself either:
• by entering his customer number which is strictly personal to him.
• or by completing the online order form allowing him to obtain the allocation of a customer number which will be sent to him by the Customer Relations Department following his 1st order.
Any order implies acceptance of the prices and description of the products available for sale. By placing an order online, the customer explicitly indicates that he wishes to conclude a sales contract with thebac.be and agrees to these general conditions. The customer is informed of the confirmation of this order by e-mail, hereinafter called confirmation e-mail, which summarizes the terms of the order. thebac.be undertakes to honor orders received on the website only within the limits of available product stocks. Products in stock are indicated with a green dot; those out of stock are indicated with an orange dot. If the product is not available, thebac.be undertakes to inform the customer as soon as possible.
The sales contract between thebac.be, on the one hand, and the customer, on the other hand, therefore comes into being when the order is accepted by thebac.be.
For any questions concerning the ordering methods, the customer simply sends an email to info@thebac.be.
Article 8. Methods of payment.
In order to process orders as quickly as possible and to offer the best service, thebac.be invites the customer to pay the purchase price when placing the order. In the event of renunciation of the order, thebac.be is required to reimburse the sums paid by the customer, without compensation. The costs of returning the package being borne by the customer. The purchase price is paid when ordering via the Mollie server - www.Mollie.com, which thebac.be uses to ensure that the customer's bank details are encrypted and then transmitted securely:
• Either by indicating the type of payment card (Visa, Eurocard, Mastercard), the number of the payment card, its expiry date and its possible visual cryptogram by the explicit order to debit the account of the payment card holder;
• Or by Home Banking (ING Home'Bank).
• Either by Bancontact / Mistercash for customers of banks FORTIS, DEXIA, ING and VDK Spaarbank.
Authorization: the money is reserved-blocked in the buyer's account, waiting to be either transferred to the merchant's account in a second step (data capture) or to be released when the authorization is cancelled. NB: Deferred payment and authorization followed by "data capture" are only possible for payments by credit card.
For any questions regarding the terms of payment, the customer simply sends an email to info@thebac.be.
Article 9. Security of Electronic Fund Transfers (EFT).
The transaction procedures on the thebac.be commercial site are carried out with the provider of highly secure payment services: the company Mollie - www.mollie.com - with its head office in Brussels.
As an expert in payment security, Mollie guarantees that sensitive data is transmitted and stored according to the highest security and quality standards.
Working :
• 1. The customer connects to the thebac.be website, selects items which he places in his "shopping basket" and expresses his wish to place the order.
• 2. The customer, after registering between his delivery and billing details. The total amount of the order including all taxes and the shipping costs are indicated to him
• 3. After receiving a complete summary of his order, the customer confirms his desire to proceed to the payment stage.
• 4. The customer is transparently redirected to the Mollie site, where he enters his payment parameters (payment method, home banking, credit card number, etc.)
• 5. Payment is requested from the financial institution concerned.
• 6. The customer receives the result of the transaction which he can print and keep as proof.
• 7. thebac.be carries out the automated after-sales processing and sends the parcel to the customer.
When the time comes to enter the payment parameters (step 4), the customer is automatically redirected to Mollie's site. The exchange of sensitive information - such as the credit card number - therefore takes place between the customer and the Mollie site; thebac.be has no knowledge of this. Not only does this mechanism preserve the confidentiality of information vis-à-vis thebac.be, but it makes it possible to incorporate new payment methods without this requiring any modification to the programming of the merchant's site.
In addition, all transaction costs (commissions from the various financial institutions) are fully borne by thebac.be.
At the end of the payment process (step 7), control is returned to the merchant's site so that he can carry out the "after-sales" treatment of his choice (stock update, possibility of downloading an intangible good, etc).
This system therefore offers all the advantages for payments on the thebac.be merchant site:
• Confidential information is protected using SSL or SET technologies. No information of this type therefore passes unencrypted on the network.
• Ensure the confidentiality of payment data (including credit card numbers).
• Merchant or merchant site applications do not know the buyer's credit card number.
• All communication between the client's browser and Mollie e-Commerce is done using 128-bit SSL encryption techniques. It is not possible for the customer to use a browser that does not support this encryption technique. Mollie e-commerce has a certificate issued by Verisign.
• Mollie e-commerce is protected by various firewall systems and protocol conversions to prevent access to data or payment processors by unwanted visitors.
Article 10. Right of renunciation.
The buyer has the right to notify thebac.be that he renounces the purchase without paying a fine and without giving any reason within 14 working days from the day after delivery of the order.
As a reminder of our delivery conditions! Your purchases are packed with the greatest care, using protective materials. The attention we pay to packaging allows us to offer delivery in the best conditions.
The products shipped are insured free of charge against deterioration and theft for the entire duration of transport. You must therefore ensure the integrity of your order and all the items that compose it upon receipt of the package and in the presence of the person making the delivery in order to issue a reservation if necessary.
thebac.be will only act on the buyer's waiver if the original packaging of the product has remained intact, in particular if the seal and the product itself have not been used or damaged.
Only gift certificates (vouchers) are neither refundable nor rechargeable.
The notification of the buyer must take place by e-mail (info@thebac.be). On this occasion and once the buyer has respected the deadline as described in the paragraph above, he will be assigned a return authorization number. In the case of return of packages and after notifying thebac.be by email within the time limits described above, the costs of returning the package are always payable by the customer. The customer is also advised to work with the services of Mondial Relay, partner of thebac.be, for a secure and guaranteed delivery. The customer will be asked to protect the returned items with the utmost care.
To make your life easier when you return an item, thebac.be offers to reimburse you by transfer to your bank account. To benefit from this convenient, safe and fast service, simply enter your bank account number on the packing slip that accompanies the returned items. We will make the transfer as soon as possible after thebac.be has actually become aware of the will to waive and after the products have been returned to thebac.be.
The cost of sending the package (calculated in full) will not be refunded.
In the event of abusive returns, thebac.be reserves the right to refuse a subsequent order.
For any questions regarding the terms of waiver, the customer simply sends an email to info@thebac.be.
Article 11. Warranties and after-sales service (SAV).
Most of our items sold benefit from the legal guarantee of conformity, the legal guarantee against hidden defects and the manufacturer's guarantee, the scope and duration of which differ according to the products and brands.
In the case of an exchanged order, the costs of sending the item(s) are the responsibility of the customer. However, if the conformity guarantee is applicable to the returned product(s), all costs related to this return will be reimbursed to the customer.
Whatever the problem with your item, it is essential to enclose with the defective device a copy of the invoice and the return form.
Please note that the warranty does not apply to the repair of damage resulting from a cause external to the device (for example, accident, shock, lightning, power fluctuation, replacement of consumables such as batteries , light bulbs, fuses, etc.). Or a fault of the customer resulting for example from a use or an installation not in conformity with the specifications of the manufacturer, from a use harmful to the good conservation of the device, from a commercial or collective use, the use of unsuitable peripherals, accessories or consumables....
In the event of products not conforming to the information given during the presentation of the products on the site or presenting hidden defects, they will be replaced or refunded according to the availability of similar products and the will of the customer. Items benefiting from a guarantee will only be taken back together with the delivery slip. If the product cannot be replaced due to lack of stock, you will receive a gift voucher for the value of your purchase price to be redeemed on thebac.be shop.
Also excluded from the warranty are products modified, repaired, integrated or added by the customer or any other person not authorized by the Supplier. The warranty will not apply to visible defects and lack of conformity of the product for which any complaint must be made by the customer within 7 days of delivery of the products, under penalty of forfeiture. The warranty will not cover products damaged by misuse.
In any case, thebac.be cannot be held responsible in the event of the manufacturer's refusal to apply its guarantee for the reasons set out above.
All returns must be authorized in advance by thebac.be with the allocation of a return number. The customer must therefore make the request to info@thebac.be, after written acceptance by thebac.be.
Article 12. Liability
The company SRL Be2beer has for all stages of access to the site, the ordering process, delivery or subsequent services, only an obligation of means.
Thebac.be cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, external intrusion or the presence of computer viruses, or any event qualified as force majeure, in accordance with case law.
thebac.be cannot be held responsible for damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or misuse of the products marketed. The same is true for any changes to the products resulting from the suppliers. In any event, thebac.be's liability will be limited to the amount of the order and cannot be blamed for simple errors or omissions which may have persisted despite all the precautions taken in the presentation of the products.
thebac.be cannot be held responsible, towards a customer or a third party, for any indirect damage, loss of business, profit or turnover, occurring in any way whatsoever.
Without limiting the preceding paragraphs, thebac.be's liability under these general conditions may not exceed an amount equal to the sums paid or payable during the transaction at the origin of the said liability, whatever the cause or form of the the action concerned.
thebac.be cannot be held responsible for the non-performance of the contract concluded in the event of out of stock or unavailability of the product, force majeure, disruption or total or partial strike, in particular of the postal services and means of transport and/or communications , flood, fire.
thebac.be undertakes not to disclose to third parties the information provided by customers on the site. These are confidential. They will only be used by its internal services for the processing of your order and only to reinforce and personalize the communication in particular by the letters / emails of information as well as within the framework of the personalization of the site according to the preferences observed by the users. thebac.be may provide consolidated statistics relating to its customers, its sales, trading patterns and relating to information on the site to trusted third parties, but these statistics will not contain any personal data.
thebac.be therefore does not sell, market or rent information about its customers to third parties.
Identification of products (including beers):
Written information providing information on the technical characteristics of beers is provided mainly by breweries and also by reference sites, guides and amateurs. Their responsibility cannot be engaged if a product does not correspond to the perception during the tasting.
Similarly, recipe changes of which thebac.be is not informed cannot make it responsible, in particular for changes in the composition of the product.
As for the aesthetic information represented by the product photos. The photos offered on this site are intended to present the products as well as possible. However, these have no contractual value and as such, thebac.be cannot be held liable.
Article 13.Copyright
Legal information - Terms of use of the site
Use of the thebac.be site is subject to compliance with the general conditions described above. By accessing this site, you declare that you have read and accepted, without the slightest reservation, these general conditions of use.
Quality of information and service, limitation of liability
The hypertext links present on the thebac.be portal site and directing users to other Internet sites do not engage thebac's responsibility for the content of these sites. The customer will comply with their terms of use.
Intellectual property rights
The texts, layouts, illustrations and other constituent elements of the site are protected by copyright or, in the case of databases, by a specific right. All these elements constitute the property of thebac.be or, where applicable, of a third party from whom thebac has obtained the necessary authorisations.
Unless otherwise stipulated, the textual or numerical information appearing on the site can be used free of charge but with mention of the source and only for a use that is neither commercial nor advertising. On the other hand, any commercial or advertising reproduction of this information, as well as all forms of use and reproduction of the other constituent elements of the site, such as the graphic line, images, sounds or computer applications, are strictly prohibited without prior authorization. Any such request should be addressed to the management of thebac.be (info@thebac.be).
Creation of hyperlinks to the site
Thebac.be authorizes the creation without prior request of surface links (surface linking) which refer to the home page of the portal site or to any other page as a whole. On the other hand, the use of any techniques aimed at including all or part of the portal site in an Internet site by masking, even if only partially, the exact origin of the information or which could lead to confusion on the origin of the information , such as framing or in-lining, requires written permission from thebac. Any such request should be addressed to the management of thebac (info@thebac.be).
Information transmitted
Do not transmit illegal, threatening, defamatory, obscene, scandalous, provocative, pornographic or blasphemous information, or any other information which could give rise to civil or criminal liability, according to the law of the Territory to which this Site refers.
Article 14. Entirety
In the event that one of the clauses of this contract is null and void by a change in legislation, regulation or by a court decision, this can in no way affect the validity and compliance with these general conditions of sale.
Article 15. Duration
These conditions apply for the entire duration of the online services offered by thebac.be.
Article 16. Evidence
The computerized registers, kept in the computer systems of SRL Be2beer and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties.
The conditions listed on this site are applicable for deliveries on Belgian and Luxembourg territories exclusively. The items sold by thebac.be conform to the description and presentation given in the catalogue. Despite all our precautions, errors may have slipped into this catalogue. Under no circumstances can we be held liable for this.
Article 17. Retention and archiving of transactions
Archiving of purchase orders and invoices is carried out on a reliable and durable medium, so as to correspond to a faithful and durable copy.
Article 18. Applicable law and jurisdiction
These conditions are subject to Belgian law. In the event of a dispute, the customer will first contact thebac.be to obtain an amicable solution. Otherwise, only the courts of the judicial district of Mons are competent, regardless of the places of delivery and the methods of payment accepted.
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