Terms and conditions of sale

Article 1: Scope, definitions and acceptance

These general terms and conditions of sale (hereinafter the “general terms and conditions”) govern all offers, orders, sales of bottles and provision of services (event organisation, catering, visits) carried out by the company (hereinafter “the seller”). The term “buyer” refers to any person who places an order or signs an offer with the seller (also referred to as the “client” in respect of services); the term “consumer” refers to a buyer who is a natural person acting for purposes outside his or her trade, business, craft or profession; the term “professional” refers to any other buyer.

The seller is not bound by any purchase conditions stated on its buyers’ letters or other documents. When placing an order or signing an offer, every buyer acknowledges having read and accepted these general terms and conditions, to the exclusion of any other general terms and conditions. Any derogation from these general terms and conditions must be expressly agreed in writing by the seller. The applicable general terms and conditions are those in force on the date of the order or of the signing of the offer.

Article 2: Sale of alcoholic beverages

The sale of alcoholic beverages is subject to the age limits laid down by the Belgian legislation in force, and the seller sells and delivers its products only to persons aged at least 18. By placing an order, the buyer declares that he or she is at least 18 years of age. The seller reserves the right to require the presentation of an identity document when an order is placed, upon delivery or upon access to the Estate, and to refuse any sale, delivery or service in case of doubt or failure to provide such proof.

Article 3: Offers and prices

The prices stated in our offers are valid for three (3) months from their date of issue, unless otherwise provided in the price offer, and subject to any increase in excise duties and/or taxes occurring before delivery, which may be passed on to the professional.

Article 4: Payment

All payments are made in euros and are payable immediately (cash), unless otherwise specified in our offers or invoices.

For professionals, any amount not paid by the due date shall automatically, and without prior formal notice, bear late-payment interest at the rate of 10% per annum. The seller reserves the right to increase the invoice amount by 10% as fixed contractual compensation, with a minimum of 125 euros. Failure to pay a single invoice by its due date shall automatically render the outstanding balance of all other invoices, even those not yet due, immediately payable. The buyer shall also pay all collection costs and legal costs, within the limits permitted by law.
For consumers (within the meaning of Article I.22/1, 1° of the Belgian Code of Economic Law), a first free reminder will be sent, informing the consumer that any unpaid amount must be paid within 14 days. This period starts on the third working day following the day on which the letter is sent to the consumer or, in the case of electronic sending, on the day following the sending of the email. In the event of non-payment upon expiry of the 14-day period following the sending of the first free reminder, the consumer shall owe:

o Late-payment interest at the statutory interest rate, from the expiry of this 14-day period

o A compensation amount of:

 20 euros if the outstanding amount is less than or equal to 150 euros;

 30 euros plus 10% of the amount due on the portion between 150.01 and 500 euros, if the outstanding amount is between 150.01 and 500 euros;

 65 euros plus 5% of the amount due on the portion exceeding 500 euros, up to a maximum of 2,000 euros, if the outstanding amount exceeds 500 euros.

Article 5: Buyer’s creditworthiness

If the seller’s confidence in the buyer’s creditworthiness is undermined by demonstrable events, the seller reserves the right to suspend all or part of the order and to require the buyer to provide the necessary guarantees. If the buyer refuses or fails to provide such guarantees within the reasonable period set by the seller, the seller reserves the right to cancel all or part of the order, without prejudice to the seller’s right to claim damages.

Article 6: Retention of title

All goods delivered by the seller remain the property of the seller until the buyer has fulfilled all obligations arising from all agreements concluded with the seller or from orders placed with it. The buyer must store the goods delivered under retention of title with care and as identifiable property until it has fulfilled its obligations towards the seller. The buyer must cooperate in all reasonable measures that the seller wishes to take to protect its retention of title over the goods. In the event of seizure, moratorium or bankruptcy, the buyer must immediately draw the attention of the seizing bailiff, the court-appointed administrator or the trustee in bankruptcy to the seller’s retention of title. The transfer of ownership has no bearing on the transfer of risk, which is governed by Article 10.

Article 7: Complaints and warranties

For professionals, complaints must be sent to the seller as soon as possible and, in any event, confirmed in writing by the buyer to info@chantdeole.be their discovery). Failing this, the goods shall be deemed accepted. Consumers benefit from the legal guarantee of conformity, under the conditions and within the time limits provided by law, which these general terms and conditions do not affect.

Article 8: Resale restriction

The professional undertakes not to resell, directly or indirectly, the products purchased from the seller to medium-sized or large-scale retail operators, nor to market them through such operators. Any breach of this prohibition constitutes a breach of contract that may give rise to the professional’s liability.

Article 9: Specific rules applicable to the Estate’s events and hospitality division

9.1 Events and catering: the final number of participants must be confirmed in writing no later than 15 days before the date of the event. A deposit of 80% of the amount of the offer is payable upon signature of the offer, with the balance payable no later than 15 days before the date of the event. Any overrun of the initially planned schedule will give rise to additional charges for staff deployment at the applicable rate. Technical requirements must be specified by the client as soon as possible. They may be the subject of a supplementary price offer depending on the requirements. In the event of withdrawal or cancellation by the client, all charges and costs incurred by the seller in connection with the event will be invoiced to the client, any sums already paid being set off against them. The right of withdrawal provided for in Article 11 does not apply to event and catering services provided on a specific date or for a specific period.

9.2 Admission tickets to the Estate: admission tickets are valid only for the dates and times indicated. Only tickets purchased on the Estate’s website or in its shop are valid.

Tickets may not be used for advertising and/or commercial purposes without the written authorisation of the Estate’s management.

Only tickets sent by email and bearing a barcode are valid for visits to the Estate. Tickets received by email may be printed by the client and used during the visit.

Tickets cannot be refunded, even in the event of loss or theft, nor taken back or exchanged. If the visit is cancelled or postponed by the client, no refund is possible, without prejudice to the rights granted to consumers by law. If the visit is cancelled at the seller’s initiative, the ticket price will be refunded or the visit postponed to a date agreed with the client.

Article 10: Delivery and transfer of risk

Delivery or collection times stated in offers or order confirmations are given for information purposes only; failure to meet them does not entitle the professional to any compensation or termination, without prejudice to the rights granted to consumers by law. For professionals, risk passes to the buyer as soon as the goods are handed over to the carrier or to the buyer. For consumers, risk passes when the consumer takes physical possession of the goods. The buyer must check the condition of the packages upon delivery and record any reservations on the delivery note.

Article 11: Consumer’s right of withdrawal

Where the contract is concluded at a distance or off-premises, the consumer has a right of withdrawal of fourteen (14) calendar days, without having to give any reason, in accordance with Book VI of the Belgian Code of Economic Law. This period runs from the day following receipt of the goods or the conclusion of the service contract. The consumer shall notify the seller of his or her decision by means of an unequivocal statement sent to info@chantdeole.be. The direct costs of returning the goods shall be borne by the consumer. In accordance with Article VI.53 of the Belgian Code of Economic Law, the right of withdrawal does not apply, in particular, to contracts for catering or services related to leisure activities (events, visits, admission tickets) which provide for a specific date or period of performance, nor to goods made to the consumer’s specifications or clearly personalised.

Article 12 : Force majeure

The seller shall not be liable for any failure or delay in performing its obligations where this results from force majeure, i.e. an unforeseeable and insurmountable event such as, in particular, a natural disaster, exceptional weather conditions making the event impossible or dangerous, fire, strike, epidemic or a decision of the public authorities. The seller shall inform the buyer as soon as possible. Performance shall be suspended for the duration of the impediment; if the impediment continues beyond a reasonable period, either party may terminate the contract automatically and without compensation, any sums paid for services not performed being refunded.

Article 13: Liability

For professionals, the seller’s liability is limited to direct and foreseeable damage, excluding any indirect damage (loss of profit, loss of customers, damage to reputation, etc.) and, save in the case of wilful misconduct or gross negligence, may not exceed the amount, excluding VAT, of the order or service concerned. No provision of these general terms and conditions excludes or limits the seller’s liability in the event of wilful misconduct, death or personal injury caused by its fault, nor the mandatory rights of consumers. The buyer is liable for any damage caused by itself, its guests or its service providers to the premises, equipment and facilities of the Estate.

Article 14: Protection of personal data

The seller, as data controller, processes the buyer’s personal data for the purposes of managing orders and invoicing, organising events and visits, complying with its legal obligations and, with the buyer’s consent or within the limits of the law, direct marketing. These data are kept for as long as necessary for these purposes and for compliance with legal obligations, and are disclosed only to service providers involved in the performance of the contract. In accordance with Regulation (EU) 2016/679 and the Belgian Act of 30 July 2018, the buyer has the right of access, rectification, erasure, restriction, objection and portability, which may be exercised by writing to info@chantdeole.be. The buyer may lodge a complaint with the Data Protection Authority (www.autoriteprotectiondonnees.be).

Article 15: Governing law, dispute resolution and final provisions

The formation, validity, performance and interpretation of these general terms and conditions and of the contracts concluded with the seller are governed by Belgian law. In the event of a dispute with a professional, the courts of the judicial district of Mons shall have exclusive jurisdiction over all disputes arising in connection with the contracts concerned. The seller nevertheless reserves the right to bring any dispute with a professional before the courts of the place of the professional’s domicile or registered office. Disputes with a consumer fall within the jurisdiction of the courts designated by the statutory rules on jurisdiction. The consumer may use the out-of-court consumer dispute resolution service (Belmed, www.belmed.fgov.be) or contact the seller at info@chantdeole.be. If any provision of these general terms and conditions is declared null and void or unenforceable, the remaining provisions shall remain in force. The seller’s tolerance of any breach shall not constitute a waiver of its rights. These general terms and conditions are drafted in French and translated into English and Dutch. In the event of any discrepancy or difficulty of interpretation between the different versions, the French version alone shall prevail.