GRAFE LECOCQ S.A.

GENERAL TERMS AND CONDITIONS OF SALE

 

PREFACE

The present terms and conditions have been agreed between SA GRAFE LECOCQ & fils on the one hand, whose registered office is located Place Saint Aubain 9, 5000 Namur, hereafter referred to as GRAFE LECOCQ, and on the other hand, persons who wish to make a purchase through GRAFE LECOCQ’s website, hereafter referred to as the buyer.  
 
These terms and conditions only concern consumers.
 
Anyone who wishes to make a purchase through the website declares that they have full legal capacity. Anyone without legal capacity in the sense of articles 1123 and following of the Civil Code, is forbidden from purchasing from the website. Consultation of the website and the services it offers consequently fall under the responsibility of the person’s legal representative.
 
The parties agree that their relations will be governed exclusively by the present contract.
 
If a condition is found to be lacking, it will be considered to be governed by the practices in force in the sector of distance selling concerning companies whose registered office is in Belgium
 

ARTICLE 1  PURPOSE

The present terms and conditions apply to online sales in Belgium and Luxembourg.
 
They aim to define the terms of sale between GRAFE LECOCQ and the buyer as regards ordering, service, payment and delivery.
 
They govern all the stages required to place an order and ensure the follow-up of this order between the contracting parties.
 

ARTICLE 2    THE ORDER

The buyer may place an order online based on the products shown on the website.
 
The order can only be made through the website if the buyer has clearly identified themselves.
 
By placing an order, the customer accepts the present general terms and conditions of sale, as well as the price and description of the products sold.
 
A summary of the order will be sent to the buyer by email.
 
The order will be considered as accepted subject to availability.
This website is entirely devoted to this approach.

ARTICLE 3    PRICES – RATES

Concerning our prices:
-    glass not included unless otherwise stated;
-    carriage-free to buyers in Belgium or free-at-frontier;
-    for a minimum value of € 125.00 including VAT per order. Any delivery below this amount will be subject to an additional charge of € 7.50 excluding VAT;
-    subject to the modification of duty and VAT rates;
-    without incurring any liability and unless sold.
 
GRAFE LECOCQ expressly reserves the right to modify and/or rectify its prices during invoicing to take into account a possible computer or display error linked to the technology used for online sales. The same applies to VAT modifications.
 
The empty bottles are returnable:
 
-    € 0.23 for a 75 cl and a 37.5 cl bottle
-    € 0.30 for a magnum
 
and accepted according to the same terms and conditions, unless otherwise provided for by legal provisions and/or technical constraints making it impossible to manage the returns.
 
GRAFE LECOCQ will only accept empty bottles bearing its labels and in an acceptable state of cleanliness.
 
For instance, bottles covered in mud or containing foreign substances or foreign bodies will not be accepted.
 
Each case is comprised of 12 bottles or 24 half bottles per product or possibly 6 bottles or 12 half bottles for products over € 7.50 excluding VAT per bottle (unless otherwise specified).
 

ARTICLE 4    METHOD OF PAYMENT

Payment
Once the order has been validated, the methods of payment are as follows:
 
-    by credit card (Visa, MasterCard)
-    by bank transfer only for buyers who have already purchased from GRAFE LECOCQ at least twice and have no outstanding balance.
 
Late payment
Any invoice that is still unpaid after 30 days will be charged a late payment interest rate of 8 % a year according to the date on which the invoice was issued.
 
In the event of non-payment within 30 days, the buyer will automatically be charged a flat fee of 10 % with a minimum of € 25.00.
 
If the buyer fails to fulfil their obligations, GRAFE LECOCQ has the right to cancel the sales contract.
 
Retention of title clause
The products supplied by GRAFE LECOCQ remain its property as long as the conditions resulting from the sale have not been fulfilled by the buyer and the invoices, bank transfers or cheques, relating to the transaction have not been satisfied.
 
In the event of successive sales to the same buyer, GRAFE LECOCQ remains the owner of all the products delivered until the complete payment of all the invoices issued.
If the seller chooses to implement the retention of title clause, the following will still be due:
-    the amount of the disputed invoices not covered by the return of the products sold;
-    all the non-payment penalties (late payment interest of 8 % and a flat fee of 10 % a year with a minimum of € 25.00)

ARTICLE 5    DELIVERY

The buyer has the choice of having the goods delivered to their home or to the address of a third party.

Goods are usually delivered within 8 to 15 working days, after acceptance of the order.

ARTICLE 6    SIGNATURE AND PROOF

Anyone who uses the website and doesn’t have a customer account will have to register so that they can be provided with a customer account.

In any event, the final validation of the order entails the buyer’s acceptance of the order, in full and at the prices indicated.

This validation means the express signature and acceptance of all the operations performed on the website

ARTICLE 7    RIGHT OF WITHDRAWAL

As regards our supplies, which are not purchased in our shop, the buyer has the right to notify GRAFE LECOCQ of their decision to renounce the purchase, without penalty and without giving a reason, within 14 calendar days as from the day after the delivery of the goods.

The buyer can notify GRAFE LECOCQ at the following address: Place Saint Aubain 9, 5000 Namur.

Cost
The cost of returning the goods, owing to the buyer’s decision to exercise their right of withdrawal, will be the responsibility of the latter, for a fixed amount of € 20.00 excluding VAT, in order to cover the administrative and logistical costs..
 

ARTICLE 8    LIABILITY

Concerning the various website access stages, from the order process to delivery or after-sales services, GRAFE LECOCQ is only bound by a best efforts obligation.
 
GRAFE LECOCQ’s cannot be held accountable for inconveniences or harm inherent to using the internet, for instance, if services are interrupted, or there is an external intrusion or a computer virus.
 
The buyer shall indemnify GRAFE LECOCQ against all claims in any of the following cases: 
 
-    lost opportunity or loss of business income linked to the functioning or failure to function, or use or lack of use of the website, the contents on it or that should be on it;
-    illegal or unauthorised intrusion by a third party in the web server;
-    introduction of a computer virus in the web server or on the website;
-    temporary congestion of the bandwidth;
-    interruption in the internet connection service for a reason outside GRAFE LECOCQ’s control.
 
The buyer accepts that the elements/functionalities/graphics, etc., on the website are likely to change. Hence, some functions will be removed and others added without the buyer being able to assert any claims.
 
Similarly, GRAFE LECOCQ alone shall decide when to add/remove any content presented on the website.
 
Finally, GRAFE LECOCQ reserves the right, at all times and for any reason whatsoever, to modify or temporarily or permanently interrupt access to the website, fully or partly, without having to inform the user beforehand. This will be the case, for instance, in the event of site maintenance or a major modification to the services and/or functionalities offered.
 
GRAFE LECOCQ cannot be held liable for any possible direct or indirect damage linked to a modification, the suspension or interruption of access to the website for any reason whatsoever.
 

ARTICLE 9    PRIVACY

GRAFE LECOCQ reserves the right to gather data on the buyer, when the latter places an order among other things. Any personal data is for the internal use of GRAFE LECOCQ only.
The buyer has the right to access or rectify their data as well as the right to object if they no longer wish to be informed of GRAFE LECOCQ's activities.
 
It is the buyer’s responsibility to inform GRAFE LECOCQ in writing: GRAFE LECOCQ, Place Saint Aubain 9, 5000 Namur.
 

ARTICLE 10    INTELLECTUAL PROPERTY

All the elements on the website, both visual and audio, are the exclusive property of GRAFE LECOCQ.
 
The buyer is not authorised to modify, copy, rent, borrow, sell, distribute, in full or in part, any elements present on the website.
 

ARTICLE 11    INVALIDITY

The possible invalidity of one of the clauses in the present terms and conditions shall not affect the validity or respect for the general terms and conditions of sale.

ARTICLE 12    DURATION

The general terms and conditions of sale are applicable during the entire period the services offered by GRAFE LECOCQ are online.

ARTICLE 13   

The present terms and conditions are subject to Belgian law. In the event of a dispute, Belgian law applies and only the courts of the judicial district of Namur are competent.
 
 
Range of services
 

Advice

Understanding your tastes and suggesting the wine you would like. Proposing wines adapted to your dishes. Which ones can be consumed now, which ones can be kept... and for how long? It’s our job to answer these questions so that you can fully enjoy the pleasure of wine.
This website aims to continue this mission. By discovering your preferences, and providing a detailed classification of the wines in our range, it will make suggestions to meet your expectations.
 

Delivery

An essential link in our business, which is lacking on many wine websites, is a quality delivery service. The delivery of your orders by our own fleet of vans and drivers, to every part of Belgium, is an inestimable service for you: no breakages and notice of the delivery time if you so wish. This way, you avoid having to transport a heavy load from a point of sale.
 
Free delivery as of € 125.00 including VAT per order. We deliver to every region on a set day of the week. Click here for more information
 

Storage

Not enough space to store the wines you’ve bought from Grafé Lecocq? Subscribe to our “storage contract”: buy your wines now and we’ll keep them for you in excellent conditions (minimum 100 bottles, mixed or unmixed). We’ll then deliver your wines to your home, free of charge, upon your request (minimum 36 bottles).
 
The cost? € 0.10 excluding VAT per bottle per year. Every year begun is due.
E.g.: you buy 100 bottles of wine and they require 5 years in the cellar to fully develop. This will cost you € 10.00 excluding VAT per year and your wines will have improved in optimum conditions.
 
Thanks to your personal account, you can check on your stocks kept in our cellars. We update our storage and/or consumption advice for your wines every 6 months. This way, you have all the necessary information to manage your stock.
 

Tasting

There are plenty of opportunities to try our products before buying. We organise tasting days in our cellars in Namur.  You can attend a tasting session in a small group, with commentaries, featuring a selection of our wines. Please book your place in advance.
 
For the past few years, we have also been holding sessions in Brussels, Ghent, Antwerp, Tournai, Liège and Corroy-le-Grand once or twice a year. No less than 40 wines are presented at our tasting sessions. And we’re available to guide you and provide you with useful advice.
 
For more information check our “news and agenda” heading.
 
 
Delivery service
 
Providing an incomparable service for its customers, Grafé Lecocq’s 5 vans deliver orders to every part of Belgium: no breakages and notice of the delivery time if you so wish (tick the appropriate box when placing your order), and no transporting a heavy load from a point of sale.
:
Cost:
Free delivery as of € 125.00 including VAT per order.
If the amount of your order is less than € 125.00 including VAT, we shall charge € 7.50 exclusive VAT to cover the delivery costs.
 
 
Delivery days:
 
We deliver to every region on a set day of the week, e.g.:
Tuesdays: Brussels, Walloon Brabant, Charleroi and the surrounding area.
Wednesdays: Antwerp and the surrounding area, the Ardennes, the Province of Luxembourg, the Valley of the Meuse between Namur and Dinant, Limburg.
Thursdays: Brussels, Mons, Hainaut, Huy - Verviers area.
Fridays: East Flanders, the coast, Liège and the surrounding area, Namur and the surrounding area.
For more details, please contact us on 081/22.43.15.
 
Delivery times:
 
Deliveries are made during the day. If you like, we can deliver to your place of work or to a neighbour, for instance. We can also inform you of the approximate delivery time the day before. You will be asked to specify certain details during the ordering process, in the “delivery” thumbnail (delivery, please inform me, etc.).
 
Gift delivery:
It’s also possible for Grafé Lecocq to deliver a gift of wine for you, to one or more beneficiaries. If you choose this option, all you have to do is click on “exceptional delivery address” during the “delivery” stage and fill in the form. The delivery terms and conditions are the same: € 7.50 excluding VAT per delivery if the sum of the order is less than € 125.00 including VAT, otherwise it’s free.
 
Delivery schedule:
Depending which day you place your order, and our availability, we usually deliver within 8 working days.

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