GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale govern relations between Popsss, the department of SCRL L’Atelier Image responsible for the sale of wines and spirits, and all natural persons or legal entities placing an order via the Popsss website (www.popsss.com, www.popsss.eu, www.popsss.be, www.popsss.fr), hereinafter referred to as “the customer”.
The registered office of SCRL L’Atelier Image is established at avenue des Ortolans 80, 1170 Brussels, Belgium.
BCE (central business database): BE0436 166 636
Telephone: + 32 (0)475 32 22 95
1. SCOPE OF APPLICATION
1.1. Unless expressly otherwise agreed in writing, these General Terms and Conditions of Sale apply ipso jure to all orders for products or services placed by the customer on the Popsss website, as well as to the articles and services presented on the website.
1.2. Before placing any order, the customer acknowledges having read the General Terms and Conditions of Sale. The confirmation of the order by the customer on the Popsss website constitutes full and total acceptance of these Terms and Conditions.
1.3. Popsss reserves the right to be able to modify its General Terms and Conditions of Sale at any time. In this case, the Terms and Conditions that apply are those that exist on the date on which the order is placed by the customer.
1.4. Should one of the provisions of these General Terms and Conditions of Sale become null and void, the other provisions remain applicable.
1.5. Cases that are not provided for by these General Terms and Conditions of Sale are governed by customary practices in force in the Internet sales sector in Belgium.
2.1. All orders are placed exclusively on the Popsss website, the addresses of which are given above.
2.2. All orders must comprise at least one bottle.
2.3. The offers remain valid while stocks last. Although the seller will do everything possible to ensure adequate stocks, it may be that occasionally orders cannot be fulfilled. If this is the case, the seller will inform the purchaser by telephone or by e-mail.
2.4. The customer is obliged to provide full name and address details, as indicated on the order form. Popsss reserves the right not to respond to any order that does not include the full name and address of the customer.
2.5. The sale is considered to be definitive only once confirmation of acceptance of the order by Popsss has been sent to the customer by e-mail, indicating that payment of the order by the customer has been accepted. Acceptance of the order is therefore subject to payment in full of the order. For the terms of payment, please refer to point 4 below.
2.6. Popsss reserves the right to refuse any order from a customer with whom there may be a dispute relating to a previous order or any other disagreement.
2.7. Popsss reserves the right to limit an order should stocks be inadequate, among other things. If Popsss is not in a position to fulfil the order, for any reason whatsoever, the customer will be informed of this as soon as possible, without being able to claim any damages. In this case, Popsss undertakes to refund the order in full (or in part, as appropriate).
3.1. All the prices given on the Popsss website are valid on the day on which the website is consulted by the customer. They may be modified without prior notice.
3.2. The prices are given in euros, including all taxes and excise duties. Unless expressly stated otherwise, the prices exclude the delivery costs. For the terms and conditions of delivery, please refer to point 5 below.
3.3. Although Popsss does everything possible to ensure that the prices of the products/services and the delivery costs are correct, the possibility of an error cannot be excluded. In this case, Popsss may not be obliged to supply the product or provide the service at the price indicated. It undertakes to inform the customer of this as soon as possible; the customer will then be free to cancel the order.
3.4. The prices, special offers and special terms and conditions are those in force on the date on which the order is placed.
4. TERMS OF PAYMENT
4.1. All orders are payable immediately, in full, when the order is placed by the customer. Payments will be made exclusively in euros. Popsss may not be obliged to deliver the products ordered by the customer if this term of payment is not fulfilled.
4.2. Settlement is made using one of the means of payment proposed when the order is placed. Orders paid for by bank transfer will be fulfilled upon receipt of the amount due in the Popsss bank account. For more information concerning the terms of payment, please refer to the “Secure payment” section of the Popsss website.
5.1. The goods ordered are delivered by Popsss or by one of the transport companies selected by Popsss. The goods are insured during transport by Popsss or by the appointed transport company.
The customer can also take delivery of the goods ordered at the "Comptoir des vignerons belges" of Popsss: chaussée de Boondael 550, B-1050 Brussels. In this case, no delivery costs are due. The customer is obliged to state this when placing the order.
5.2. The delivery costs in Belgium vary depending on the mode of delivery chosen by the customer. For more information about this, please refer to the “Delivery” section of the Popsss website.
For all orders to be delivered outside Belgium, the delivery costs are determined on the basis of the rates applied by the transport company chosen by Popsss, subject to the prior consent of the customer. This consent is presumed to be given if the customer does not state otherwise when placing the order. Popsss reserves the right to choose the international transport company for the delivery of goods outside Belgium.
5.3. Except in cases of force majeure, the order placed by the customer is delivered, in Belgium, within a maximum of five working days of confirmation of payment of the order. This is a best-effort undertaking and Popsss may not be held liable for the payment of any compensation whatsoever in the event of late delivery. As far as possible, Popsss will inform the customer if this delivery period cannot be observed.
For all orders to be delivered outside Belgium, the delivery period is indicated when the order is placed.
The order is delivered to the address indicated by the customer when the order is placed. If all or part of the details given prove to be incorrect and this prevents the delivery (with the order being returned to Popsss), the customer will bear all the material consequences (delay in delivery) and financial consequences (payment of delivery costs and any additional delivery costs). Popsss cannot be held liable for the fact that it is impossible to deliver the goods at the time and to the place required in the event of an error on the part of the customer.
5.4. Popsss reserves the right to modify the delivery period or to divide up the delivery should one or more of the products ordered not be available. In this case, Popsss will contact the customer by e-mail, at the address given on the order form, in order to agree a subsequent delivery date, a product substitution or the cancellation of the order.
5.5. If the delivery deadline is exceeded other than further to a case of force majeure, the customer must inform Popsss of this by recorded delivery within a period of 15 days. The customer may request a refund on the order, to the exclusion of any other compensation or damages. Once this period of 15 days has expired, the customer will no longer be entitled to make any complaint.
5.6. Delivery is considered to have been made as soon as the goods have been handed over to the customer by a representative of Popsss or the appointed transport company.
5.7. The customer is obliged to check the condition of the goods delivered, as well as their conformity (quantity and references) with the order form, at the time of delivery.
If the goods are damaged (broken bottles) and/or do not conform to the order (incorrect quantity and/or reference), the customer must indicate reservations on the delivery slip. In this case, the customer may either accept or refuse the order. If he refuses it, Popsss will bear the return costs and will replace the damaged or non-conforming product as quickly as possible and at its expense. Should it prove impossible to replace the damaged or non-conforming product, the customer will be reimbursed accordingly. Popsss may not be held liable for any defects or damage caused to the products or their packaging after delivery.
5.8. Popsss undertakes to take back bottles with an obvious defect (such as cork taint), after a favourable opinion from its oenologist, within a maximum period of 6 months after the order. The article must be returned in its original packaging, which must be at least 90% full. The direct costs of returning the goods shall be borne by the customer. A credit note corresponding to the value of the goods considered to have an obvious defect will be issued to the customer.
6. RIGHT OF WITHDRAWAL
6.1. Pursuant to Article 47 § 1 of the act of 6 April 2010 on market practices and consumer protection, the purchaser has a withdrawal period of 14 calendar days as of the day after delivery to return any goods ordered which may not suit him, without incurring a penalty or having to give a reason. The customer is obliged to inform Popsss in writing (post or e-mail) before exercising his right of withdrawal. The direct costs of returning the goods are borne by the customer.
6.2. The goods must be returned in the original packaging (cardboard or wood), unopened and intact. The pack will have to be returned in person to the registered office of Popsss or by recorded delivery to the following address: avenue des Ortolans 80, B-1170 Brussels.
6.3. If he exercises his right of withdrawal, the customer will obtain a refund for the products returned, after deduction of the initial transport costs and the value of the products retained, within a period of thirty days.
7. SALE OF ALCOHOLIC BEVERAGES
7.1. As the law prohibits the sale of alcohol to minors, the customer undertakes to be over 18 years of age on the date on which the order is placed.
7.2. Popsss reminds the customer that the abuse of alcohol is harmful to health and recommends that it be drunk in moderation.
7.3. Popsss may not be held liable and obliged to pay any compensation whatsoever for damage that may result from the use or consumption of the products delivered.
8. PROTECTION OF PRIVACY
Popsss (L’Atelier Image SCRL) respects your privacy within the meaning of the act of 8 December 1992 on the protection of privacy with regard to the processing of personal details. For more information about this, please refer to the “Privacy” section of the Popsss! website.
The Popsss website and all acts resulting from its use – including these general terms and conditions of sale – are subject to Belgian law.
Popsss and the customer will do everything possible to resolve out of court any conflicts that may arise from the application of these general terms and conditions of sale.
In the absence of an out-of-court agreement, any disputes will fall under the exclusive jurisdiction of the courts of the legal district of Brussels. The proceedings will be conducted in the French language.