Terms & Conditions
1 Definitions and scope of this agreement.
The online store www.omnipollo.com is provided by:
Gandatrade NV Cassierstraat 5 2060 Antwerpen Belgium +32 3 221 28 00
All online orders are the sole responsibility of Gandatrade NV (hereafter ‘Gandatrade’ or ‘we’)
For any questions or comments about the Omnipollo online store, Gandatrade should be contacted via: Email: firstname.lastname@example.org
The following definitions shall have the following meanings:
“Purchaser” means any natural (B2C) or legal (B2B) person that enters into a contractual relationship of any kind with Gandatrade. Each Purchaser agrees not to purchase products from Gandatrade with the mere purpose to resell or distribute the product in any other way. Further also referred to as “you” or “your”.
“Consumer” means any natural person who is acting for purposes which can be regarded as outside his trade or profession.
“Products” means all goods that are the subject matter of one or more sales contracts.
“Sales contract” means any contract under which the trader transfers or undertakes to transfer the ownership of goods to the Consumer and the Consumer pays or undertakes to pay the price thereof.
These General Conditions of Sale shall apply to all current and future sales of Products by Gandatrade to the Purchaser. The Purchaser accepts these terms as well as all other rights and obligations as stated on the website by using the website and/or placing an order.
These General Conditions of Sale shall be always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid insofar as it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid to replace or supplement the clauses to which they relate. This does not affect the applicability of the other provisions of these General Conditions of Sale.
The seller reserves the right to amend and/or supplement the General Conditions of Sale in the future. A future change will obviously have no effect on existing product orders and the resulting agreements.
2 OFFER AND ACCEPTANCE
Our online offer is presented with utmost care. Omnipollo provides information about the features of the products and photographs illustrating the products. The images displayed on our website provide an approximate representation of the substantial features of our products.
Warning: information on the packaging on the product is always leading. This means that the information concerning the products displayed on our website are as accurate as possible, but the Purchaser can only rely on the absolute accuracy of the product information on the packaging.
Our online offer is presented as an invitation to purchase. Omnipollo nor Gandatrade are bound by its offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these conditions are only applicable when explicitly communicated prior to the order placement.
The Purchaser must be eighteen (18) years of age to place an order or of legal drinking age in the country of residence. This purchase is binding on the Purchaser. Gandatrade will send a confirmation of the order, immediately – within one (1) calendar day -, directed at the e-mail address specified by the Purchaser at the moment of ordering. The sale contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by Gandatrade.
Gandatrade retains the possibility to refuse the sending of an order confirmation email or to unilaterally reject an order placement by means of an explicit statement. Gandatrade will inform the Purchaser and will (where possible) propose a similar product if the initial order cannot be executed or can only partially executed. There is no Sales contract if Gandatrade refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any (other) form of compensation.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Act of March 11, 2003 on electronic trading. Within the limits of what is permitted by law, Gandatrade can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
All prices are indicated in EURO and and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. Gandatrade will communicate these costs in the last step of our online ordering process. The buyer is responsible for any costs related to local taxes or customs.
The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 relating to Prices. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by Gandatrade after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
We have the right to change our prices at any time but commit to always apply the prices that were indicated on our website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.
Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods as indicated on our website:
Gandatrade has taken all reasonable measures to ensure safe payments. Our main concerns are a loss or theft of your identity or financial information. The use of the above mentioned authorized payment partners and credit card issuers provide the necessary guarantees.
We make use of the secured payment system of Quickpay for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner. Security measures via the SSL protocol are provided. Gandatrade shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. Gandatrade always retains ownership of all products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.
We currently ship both beers and merchandise to the following countries:
We currently ship only merchandise to the following countries:
Attention: For orders to non-EU countries import duties may be added by local authorities. Import duties are paid by the customer and vary by country. Please consult your local authorities and regulations to see which import duties apply to you.
We process every order with the care it deserves. Shipping beer can be tricky, but we are experts at it, so rest assured that your product will arrive safe and sound. For this we specially package your beer with care.
The order shall be processed within seven (14) working days upon order confirmation. Gandatrade has the right to stipulate wider delivery terms, which shall be communicated within a reasonable timespan after the order confirmation. This can be the case, for example, when a product order is placed on a Friday and is processed the following Monday. The Purchaser may only terminate the agreement if Gandatrade fails to deliver the products within the communicated delivery deadline. In the event of such termination, Gandatrade will reimburse all sums paid without undue delay and no later than fourteen (14) calendar days after termination of the agreement.
Gandatrade uses external parties and carriers for the execution of the delivery, specifically DHL Parcel Service and UPS. This may have an effect on the delivery. Gandatrade takes however no responsibility for a delivery arriving late or for an order which is lost by third parties or by unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, Gandatrade will conduct an investigation at the carrier’s end. This can take several days. During this period, Gandatrade cannot provide any reimbursement or proceed to a re-delivery of the products.
If you are shipping a package over a weekend, your order may be held until the following Monday to ensure minimal time in transit.
DEFECTS AND COMPLAINTS
The statutory warranty period, as provided by law, is fully applicable to this agreement. Each Purchaser is consequently entitled to repair or replacement if he finds a defect in the delivered products, to the extent that the requirements of the legal warranty are satisfied. The warranty is not applicable if the Purchaser was aware of the defects at the time of the sale.
The Purchaser or the third party designated by the Purchaser is required to examine the products accurately on their conformity as soon as the products are received. If the product is affected by a visible defect, and the receiver perceives this defect, he must submit a complaint. Purchaser shall communicate these complaints towards Gandatrade by contacting the client service or helpdesk by emailing email@example.com. This must be done immediately upon delivery, with a maximum of two (2) calendar days upon delivery. It is the duty of the Purchaser to motivate this communication sufficiently. We also recommend a statement that uses all reasonable technical resources, such as photos and videos.
The Purchaser must send the defective products back to Gandatrade in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or a valid proof of payment. Any deficiency in this obligation will imply a proportional reduction in the repayment. All costs for return shipment shall be borne by the Purchaser. Sending back an order is always at risk of the Purchaser. We recommend a registered and insured return shipment to avoid the risks of loss and theft. This return shipment must be done within maximum five (5) calendar days after the communication.
The warranty is not applicable in case of:
The Purchaser shall not be entitled to send back the products in the absence of a substantiated complaint. If the conditions of warranty are met, the Purchaser is firstly entitled to a free replacement of the ordered products, if the situation renders it possible. Gandatrade is only held to a reimbursement if the replacement no longer produces the same benefit for the Purchaser. The Purchaser will have to communicate this ground in a clear and motivated manner. Any compensation and reimbursement can never exceed the amount invoiced to the Purchaser.
RIGHT OF WITHDRAWAL
Applicability of the right of withdrawal
The Consumer enjoys a right of withdrawal, in accordance with article VI.47 Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the contract if, after the delivery, he is not satisfied with the product. No required motivation or penalty fee is applicable. Omnipollo does welcome your feedback in order to improve our services.
If the Consumer applies his right of withdrawal in conformity to the legal conditions, Gandatrade will take care of the reimbursement of the amount actually paid for the product within fourteen (14) calendar days. The reimbursement will be carried out through the same payment method you used for the initial transaction, unless the Consumer expressly agreed otherwise. No fee will be charged for the reimbursement.
Attention: Gandatrade does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.
According to Article VI.53 of the Belgian Code of Economic Law, the Consumer is not entitled to exercise his right of withdrawal in the following cases:
Attention: If a sealed box has been opened, the plastic seal around the box has been removed, the box has been damaged or stored improperly or in general, the integrity of the box and its content has been compromised (by the Consumer), you immediately lose the right to invoke your right of withdrawal.
Exercising the right of withdrawal
The Consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happenwithin fourteen (14) calendar days:
It is up to the Consumer to prove that he can rely on his right. The following information must always be clearly communicated:
The Consumer must remand the products to Gandatrade as soon he has notified his decision to exercise his right of withdrawal, and no later than fourteen (14) calendar days of the communication. The return shipment can only be done by manner of an authorized carrier. In any case, the Consumer will bear all costs and risks of remand. Gandatrade may suspend the reimbursement until receipt of evidence by the Purchaser that the products have been returned.
The Purchaser is liable for any diminished value of the products resulting from the handling of the products beyond what is necessary to establish the nature, characteristics and functioning of the products. Gandatrade is entitled to charge the costs of the impairments proportionate to the repayment.
The Consumer has no right of withdrawal if the above conditions are not met. In that case, the goods will be returned to the Consumer at the expense and risk of the Consumer. Gandatrade undertakes to clearly communicate its motives to the Consumer.
Force majeure exists if Gandatrade is, wholly or partially, prevented to accomplish its obligations towards the other party by circumstances beyond its control. Gandatrade is in that case not obliged to fulfil its obligations. Gandatrade may suspend its obligations for the duration of the force majeure.
9 INTELLECTUAL PROPERTY
Omniollo retains all intellectual property rights and all related rights with regard to the website and webshop. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, whether or not patentable. The Purchaser is not allowed to make use of any of the intellectual property rights of Gandatrade and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.
10 PRIVACY AND COOKIES
Since the details you give us are essential for the processing and delivery of orders, for billing and for the establishment of warranty contracts, failure to provide these details will result in the cancellation of your order. Communicating incorrect or false information is contrary to the present General Conditions of Sale.
In order for you to enter into an agreement with us, we need the following personal information: Name, address, telephone number and e-mail address. We make the registration of your personal information for the purpose of delivering the goods to you and (if you have consented to this) to inform you about products, programs, services and campaigns that we believe may be of interest to you.
When collecting personal information through omnipollo.com, we ensure that it is always done by giving your explicit consent so that you are informed of what information is collected and why.
You are always entitled to object to registration. You also have the right to understand what information is registered about you. These rights are in accordance with the Personal Data Act and you can contact firstname.lastname@example.org.
Your information is not disclosed or sold to third parties, however, your e-mail address will be forwarded to shippers when sending mail packages (so you can receive delivery information, including T & T). Customer information is stored and transmitted unencrypted. Payment data is, of course, encrypted, see item 4 (Payment) and used only to complete your payment for purchased items.
The Website may be required to use the ”cookies” allowing it to process statistics and information pertaining to traffic, to facilitate browsing, and to improve the customer experience. The customer may refuse the saving of these cookies by changing the settings of his internet browser software.
11 APPLICABLE LAW AND COMPETENT COURT
All offers from, and agreements with, Omnipollo and / or Gandatrade are exclusively governed by Belgian law. The Vienna Sales Convention is hereby expressly precluded. Any dispute arising under or relating to offers or concluded agreements shall come under the jurisdiction of the competent court of the judicial district of Antwerp.