Terms of Sale
TERMS OF SALE dd. 3/12/2023
I. Definitions:
Seller: WIJNHUIS JEURIS NV, headquartered in Begijnhof 28, 3800, Sint-Truiden and registered in KBO number 0475.637.718
Buyer: Every natural or legal person who purchases the Seller's Products
Products: All Products offered for sale by the seller on its website www.theportugalcollection.be or in one of its physical stores. Products are sold only to adults.
Party: Buyer or Seller
Parties: Buyer and Seller
II. General:
The following terms and conditions of sale apply to all orders, order confirmations and invoices issued by Seller in the context of an online or offline sale (purchase in one of its physical stores) or at any time when expressly so indicated by Seller. Different provisions are only possible with the prior written approval of Seller.
These terms and conditions of sale replace all previous terms and conditions of sale stated by Seller. Buyer's terms and conditions of sale are expressly excluded and shall in no event apply.
The possible nullity of any clause of these Terms of Sale shall in no case entail the nullity of the other clauses. In such a case, a valid clause will be sought by the Parties to replace the invalid clause..
Placing an order constitutes express acceptance of these terms and conditions of sale including the privacy policy, which you can access at www.theportugalcollection.be.
III. Orders
An order is always subject to acceptance by the Seller. When the Buyer places an order, the Buyer will receive an order confirmation. This order confirmation is only a confirmation that the order has been properly received by the Seller. The order must still be accepted by the Seller at that time and can still be refused without giving any reason until the invoice is issued.
The issuance of an invoice by the Seller constitutes acceptance of the Buyer's order.
IV. Delivery:
Free delivery in Belgium from 175 EUR
Orders of EUR 175.00 (incl. VAT) and over will be delivered free of charge by the Seller's delivery service to the address of the Buyer's choice in Belgium. Delivery of the Products occurs in principle 10 working days after receipt of the order as long as the Products are available and/or unless otherwise agreed in writing between the Parties.
Paid delivery
All orders below 175,00 EUR (incl. VAT) are delivered by courier service.
For such orders, the following rates for delivery will be charged:
- 13,31€ incl VAT
The Seller shall always do its utmost to deliver the Products to the Buyer within the stipulated deadline. If the Seller cannot meet the delivery deadline, it will inform the Buyer in due time. Exceeding a delivery time by the Vendor can under no circumstances give rise to penalties, damages or cancellation of the order. For urgent deliveries, it is best to first contact the Seller by telephone.
The Buyer ensures that the Products can be received at the place and time of delivery. If the Products cannot be received by the Buyer at the place and time of delivery, the Seller will make 2 further attempts. If the Products still cannot be received at that time, the order will be returned to the Seller. In case the Buyer requests a new delivery of the Products, the shipping will have to be charged again. Even if the order was initially free of charge, in this case a shipping cost will be charged as stipulated above under marginal 8 or 9..
From the time of delivery to the place and time designated by Buyer, Buyer shall bear the full risk of loss, damage, theft and destruction of the Products.
The Buyer must inspect the Products delivered upon receipt of the Products. The delivery shall be deemed correct if the Buyer does not inform the Seller within seven (7) business days after delivery of the Products.
V. Pricing:
The prices of the Products are shown in the price lists on the Seller's website. The price is always shown in Euros, including VAT and any other applicable taxes or surcharges that will apply thereto, unless otherwise stated. If additional costs apply, such as, for example, delivery, transport or shipping costs, these will be shown separately.
In the event that the Seller has erroneously quoted an incorrect price for a given Product, the Seller may not be held to deliver the Product at that price provided that the Seller has notified the Buyer within two (2) working days after the Seller has confirmed the order in writing. In case of timely notification of the Seller about this price error, the Seller shall be entitled to cancel the order on the condition that the Seller refunds to the Buyer all payments already made on this order.
The Seller reserves the right to unilaterally adjust prices at any time. Please refer to the price list on the website at all times for the most current prices.
All prices in the most current price list supersede and cancel all previous prices.
VI. Payment:
Online purchase
Full payment of the order by the Buyer is made online at the time of ordering and is handled by Ogone Payment Services. Only if the stock records determine that the products ordered by the Buyer are not in stock at the time of the order, the payment is automatically postponed and the Seller notifies the Buyer within 2 business days of the order.
As already stated in III, the order is only effectively accepted after an invoice is issued by the Seller. If, after payment, the order is not accepted by the Vendor and the payment has already been made, the amount paid by the Buyer will be refunded to the Buyer immediately and at least within 7 working days.
The Buyer always has the right to return all or part of the Products to the Seller provided that the bottles are unopened and the capsule and label of the bottles have not been damaged. If the Products were delivered in an original box of 6 or 12 bottles, the Buyer also reserves the right, even after opening the box, to return the unopened, undamaged bottles with capsule and label to the Seller. In this case, the Products must be returned to the Seller in the same condition as when received by the Buyer in any case within three (3) months from the invoice date. The amount already paid by the Buyer will be refunded by the Seller within seven (7) working days after the return of the Products provided that the Products are returned in the same condition as when received by the Buyer.
Offline purchase
An invoice is issued for each sale based on information provided by the Buyer. Unless otherwise stated, invoices are payable in cash at the Seller's registered office within 30 calendar days, unless otherwise agreed.
The non-payment on the due date of one invoice makes the due balance of all other invoices, even those not due, immediately payable by right and without notice of default.
Any amount remaining unpaid on its due date shall accrue, ipso jure and without notice of default, interest at a rate of 1% per month from the due date, each month begun being considered a full month. In addition, for each late payment, the Buyer shall be liable, ipso jure and without notice of default, to pay a lump-sum and fixed compensation amounting to 10% of the total amount with a minimum of EUR 250, without prejudice to the recoverability from the Buyer of the costs of any legal proceedings.
VII. Force Majeure:
Any order for Products may be cancelled or its execution may be postponed by the Seller with immediate effect after simple written notification and without compensation if a situation of force majeure occurs after the acceptance of the order, including but not limited to: labor dispute, natural disaster, fire, mobilization, requisition, embargo, revolt, lack of transport means, general supply problem, limitation of employment and energy and any other event not controllable by the Seller. Also constitutes a force majeure situation: the (temporary) cessation of activities by the manufacturer of (parts of) the Products, as well as the influence of legal, regulatory or other regulations that prevent certain Products from being produced or offered.
VIII. Disputes:
These terms and conditions of sale are governed exclusively by Belgian law.
In case of disagreement regarding a sale or these terms of sale, such dispute shall be submitted exclusively to the competent courts of Antwerp, Antwerp Division.
IX. Privacy Policy:
The Seller is responsible for processing the Buyer's personal data.
For more information on exactly what personal data the Seller processes from the Buyer, why it is processed, whether it is shared with third parties, how long it is kept, what rights the Buyer has and how the Buyer can exercise its rights, please refer to the privacy policy [www.theportugalcollection.be]. A copy of which is also attached to the physical conditions of sale.
X. Changes:
The Seller reserves the right to modify these terms and conditions of sale at any time. In the event of modification in progress during the execution of the order, the Seller shall notify the Buyer of the modified text. In the absence of a written protest within fourteen (14) days of notification of the modified text, the Buyer shall be deemed to have agreed to the modified text and such modified text shall bind the Buyer for the current order.