General Conditions

Article1 General definitions:

The current general terms and conditions of sales govern the contractual relations of the online sales through the electronic web shop of Cherto Hotels VOF, having their registered offices in Bouillon, Belgium, inscribed in the Crossroad Banks for Companies with VAT number BE 0527920619 (“Seller”) on one hand and on the other hand every natural person or legal body who places orders at distance for private or professional means through the above mentioned electronic web shop (“Buyer”)

Depending on the capacity of the Buyer, consumer or not, some articles of the current general terms and conditions of sales are or are not applicable to him/her.

The current general terms and conditions of sales are, with the exclusion of all other general or specific conditions coming from the Buyer, except if explicitly mentioned otherwise in writing, applicable to the online sales of the web shop by the Seller, which is accepted explicitly by the Buyer by means of placing an order. 

Article 2 Order:

The Buyer has the possibility to acquire information on the different products which are being offered by the Seller on its electronic web shop, where the Buyer can click or select the desired product, and the quantity.

Before the Buyer can place an order, the user must identify himself in a detailed manner by creating a customer account.

The Buyer also has to indicate the way in which the payment will be made and provide the delivery/collect address.

The sales agreement is materialised as soon as the Buyer receives a confirmation e-mail of the Seller or if the Seller has started the execution.

The above mentioned confirmation e-mail explicitly results in the acceptance of the current general terms and conditions by the Buyer.

Starting from the date of the confirmation e-mail sent by the Seller to the Buyer, the Seller is held by the order of the Buyer and the Seller accepts from that moment on to process and handle the order.

If the order placed by the Buyer is incomplete, the information provided by the Buyer is incorrect, if the Buyer has neglected to fulfil his payment responsibilities at the time of a previous order or for any other reason, the Seller explicitly reserves the right to declare other conditions of application to the order or to suspend or refuse the order.

The personal details provided by the Buyer at the time of the order are binding for the Buyer.

Incorrect data of these details can in no circumstance result in any liability for the Seller, if the Seller is unable to deliver the order as a result of these incorrect details.

Article 3 Prices:

All the prices mentioned are always VAT included as well as all other taxes and charges. The price of goods mentioned is excluding delivery charges.

The goods are invoiced in euros, under reserve of availability of the ordered goods.

Placing an order results in the explicit acceptance of the Buyer of the price for the selected product.

Article 4 Availability:

If it would seem that after the confirmation of an order by the Seller to the Buyer that an ordered product is no longer in stock, the Seller will inform the Buyer as soon as possible, either by phone or by e-mail.

In such a case, the Buyer can choose to cancel his order.

After having received a written request for cancellation from the Buyer, the Seller will, at the latest within a period of 30 days, refund the amount paid by the Buyer, without interest or compensation, on the bank account stipulated by the Buyer or on the credit card used by the

Buyer depending on the way the order was paid for.

Article 5 Delivery:

Products can only be delivered to the countries for which the website allows delivery.

The Seller will deliver the products within the time frame that has been stipulated in the individual order confirmation, and this at the latest within 30 days starting from the date on which the confirmation e-mail has been send by the Seller to the Buyer. Incorrect delivery addresses are the Buyer’s responsibility and can result in extra charges.

Except otherwise stipulated the published prices do not include the transportation fee and delivery cost of the goods at the Buyer’s address.

The cost for transport and delivery will be mentioned separately by the Seller.

The mentioned delivery period is not binding but is merely given as an indication of good will of the Seller.

No delay of the delivery can result in a breach of the sale or in the payment of damages in favour of the Buyer.

The Seller reserves the right to perform partial deliveries.

The Seller also reserves the right to use third parties for the execution of delivery and transportation services.

Deliveries made at the request of the Buyer at an unguarded place, or with third parties, result in the exclusive and explicit responsibility and risk of the Buyer.

Article 6 Force Majeure:

The Seller is not responsible for any delay in the execution or for the non-execution of its commitments as a result of events of force majeure or events beyond his normal control, including interruptions in production, difficulties with the supply or a lack of raw material, manpower, energy or transport or delay in transport, partial or total strikes (a.o. these of public transportation and transport services), lock-outs, walkouts or any other collective work disputes, which have an effect on the Seller, its suppliers and third parties, and this even if the events are foreseeable.

Article 7 Payment:

The invoices are payable at the registered offices of the Seller at 2800 Mechelen, Wilgenstraat 121 on the expiry date, net and without discount unless mentioned otherwise on the invoice.

Any complaint about the invoices has to be formulated by registered letter in order to be admissible within three (3) days after reception of the invoice.

In case of late payment, the open invoice amounts will be legally and without serving prior notice, raised with an interest of 1% per month starting from the invoice date. In case of default of payment and if a regular reminder has stayed without result during 14 days, fixed damages of 10% on the open amounts will be due on top of the above mentioned interest.

The Seller explicitly reserves the right to, in case of total or partial default of payment of an invoice on the due date or any other breach on the part of the Buyer of its commitments under the current agreement, to legally and without any prior notice, suspend the execution of all agreements with the Buyer or to end these immediately, without any need of judicial interference and even to claim all debt collection even if these are not due yet, immediately or to execute the order only if the payment is made upfront, notwithstanding prior agreements and without prejudice to any other right that we can claim. If the Seller does not act immediately as a result of a breach of behalf of the Buyer, this can in no case be seen as a renunciation on the part of the Seller to act in a later time.

The Seller accepts the following credit cards Visa, MasterCard, American Express, by which the products can be paid at the time of the order, the Seller also accepts payment through direct bank transfer with payment buttons of BNPFortis, ING, KBC online, CBC online, Dexia, Axa, VDK, Fintro, Idéal.

The Buyer has to provide the Visa or MasterCard card number, the control number and the expiry date of the respective credit card. If direct bank transfer button is used, the Buyer will log on to his own bank environment directly.

The order will be handled, as soon as it has been validated, no matter which chosen payment method. At the validation, the Seller will send a confirmation e-mail to the Buyer and the amount due will be debited on the credit card of the Buyer or the Buyer will have paid for the order by direct bank transfer by using his own bank payment button. If there is no validation, the Seller explicitly reserves the right to consider the sale as inexistent.

Article 8 Terms of renunciation

In application of article 47§ 1 of the law of April 6th, 2010 concerning market practices and consumer protection, the Consumer has the right to inform the Seller if he waives the purchase, without paying any penalty and without reason within 14 calendar days starting on the day following the delivery. In case the Consumer invokes this right, he has to inform the Seller in writing or by e-mail before the end of the above mentioned period. In that case, the Consumer has to send the goods back at his own cost and at his own risk, within 20 calendar days starting on the day following the delivery, to the Seller.

In application of article 47 § 4 2° of the law of April 6th, 2010 concerning market practices and consumer protection the application of the right of renunciation, as stipulated in article 8 § 1 of the current general terms and conditions, is excluded if the Consumer has bought goods which have been manufactured at the Consumer’s specifications or which have a clear personal character or which by their nature cannot be send back or can decay or age.

In application of article 47 § 4 6° of the law of April 6th, 2010 concerning market practices and consumer protection the application of the right of renunciation, as stipulated in article 8 § 1 of the current general terms and conditions, is excluded if the Consumer has bought articles of food or drinks (amongst which wines) or of other goods for current household use by frequently and regularly passing deliverers.

Article 9 Retention of title:

The Seller retains the full ownership of the sold goods until all the amounts due by the Buyer to the Seller within the scope of its order have been paid in full.

This including all costs and charges, interests and compensations. In case of non payment, we reserve the right to take back the goods legally and at the cost of the Buyer.

Article 10 Guarantee:

The guarantee of the Seller limits itself to the guarantee for hidden faults and the guarantee in case of consumer sale, both as foreseen in the civil code.

The Seller can only be held responsible by the Buyer in case of own deception or severe error.

The Seller can in no way be held responsible for the general or special indirect damage, of any kind, suffered by the Buyer.

Article 11 Complaints:

Complaints must, in order to be admissible, be send to the Seller in writing or by e-mail: (a) in case of a complaint for incongruous delivery, eight (8) days after the delivery and (b) in case of hidden faults, eight (8) days after the discovery of the fault or after the point in time on which the discovery of the fault could have reasonably been done.

Receiving the goods by the Buyer covers any possible fault or unconformity which could be determined at that time.

Specifically in case of the delivery of wines, the Buyer has to make usual reservation for visible faults (amongst which broken glass) at the time of the delivery, if not, the complaint on the basis of such faults is no longer possible. The Buyer also has to inform the Seller in writing within eight (8) days after the delivery.

Article 12 Privacy policy:

By placing an order on the electronic web shop of the Seller, the Buyer explicitly agrees to the processing and use of his/her personal details for means of administration of the customer database, the order management, deliveries and invoices, follow up on solvability, marketing and publicity.

The processing for marketing means and individual publicity will only happen if the Buyer has explicitly given his agreement during the order process. The Seller will not communicate the personal data to third parties.

The Buyer has a right to inspection and correction of the data.

The Buyer has the right at any time to oppose, free of charge, to the processing of his personal data for direct marketing means. For more information the Buyer can contact the Commission for the Protection of Personal Life in Brussels for the public registry.

Article 13 Proof:

All parties accept electronic proof in the matter of their commercial relationship (for example: e-mail, backups, ...).

Article 14 Objections:

All the orders placed by the Buyer and all the orders delivered by the Seller implicate the full and unconditional acceptance of the current general terms and conditions.

Exceptions on these general terms and conditions or special conditions will only be granted amongst the parties if explicitly agreed to in writing.

These exceptions on one of the general terms and conditions or special conditions, do not imply any renunciation of the applicability of the other general terms and conditions and special conditions.

If an article of the general terms and conditions of sales is declared null and void, the other articles of these general terms and conditions of sales will still be of application.

The Seller explicitly has the right to change the current general terms and conditions at any time without the Buyer being able to ask for any compensation.

Article 15 Applicable law: All agreements concluded with the Buyer are governed by Belgian law. In case of dispute, the Commercial Court of Dendermonde, the Court of First Instance of Dendermonde and the District Court in Beveren are competent at the Seller’s choice. In case of dispute, Belgian law is applicable 

Article 15 Products:

All products displayed are sold AS IS. The seller is under no sircumstanc eresponsible for any damage during transport. The buyer has the opportunity to ask ample questions and if needed more pictures in order to make the purchase. Once the purchase is completed the seller revoques any and all responsibility of what happens with the sold poroduct.

Chertoproducts | info [at] chertoproducts [dot] be | T +32 491 34 08 97

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