Terms and Conditions of Sale
Article 1 – Scope of application
These general terms and conditions of sale (hereinafter the “GTC”) apply to all sales concluded by Internet on the website www.tequilae-shop.com hereinafter referred to as the “site”, site published by the company sprl Kerala, 14-16 rue tabora, 1000 Brussels, company number BE0878.997.271 (hereinafter the “Seller”), with buyers.
Article 2 – Application of the general terms and conditions of sale – opposability of the general terms and conditions of sale
The GCS are systematically sent or given to each buyer to enable him to place an order.
Consequently, the fact of placing an order implies the buyer’s full and unreserved acceptance of these General Terms and Conditions of Sale, to the exclusion of all other documents such as prospectuses, catalogues, issued by the seller and which have only an indicative value.
No particular condition may, unless formally and in writing accepted by the Seller, prevail against the GCS.
Any condition to the contrary opposed by the Buyer shall therefore, in the absence of express acceptance, be unenforceable against the Seller, regardless of when it may have been brought to his attention.
The modifications of these General Terms and Conditions of Sale are opposable to the Buyers from the moment they are put online and cannot be applied to transactions concluded previously.
Article 3 – Orders
3.1 Electronic Signature
The online supply of the buyer’s credit card number and the final validation of the order will be worth proof of the buyer’s agreement and will be worth :
- Payability of the sums due under the purchase order,
- Signature and express acceptance of all operations carried out.
3.2 Validation – Confirmation of the order
3.2.1 Final validation of the order
After having taken note of the state of his order, accepted by clicking on the place indicated in the GCS, and once all the information requested has been completed, the Buyer will click on the chosen method of payment to definitively confirm his order.
As soon as he validates his payment, the order is registered and becomes irrevocable.
The order form will be recorded on the computer registers of the Vendor’s site, themselves kept on a reliable and durable support, and will be considered as proof of the contractual relations between the parties.
3.2.2 Confirmation of the order
When he has validated his payment method (if necessary with the provision of his card number and expiry date), a summary of the Buyer’s order will be displayed and will mention the transaction number.
This summary will also be sent to him/her by e-mail, at the latest upon delivery of the Products, to the e-mail address indicated by him/her at the time of the order, or, failing this, to the address indicated by the buyer on the order form.
Article 4 – Delivery
4.1 Terms and Conditions
Delivery is only made after confirmation of payment by the seller’s bank. The ordered products are delivered
4.2 Time limits
The seller is entitled to make deliveries in whole or in part.
The products acquired by the Buyer will be delivered within a period ranging from 72 hours to a maximum of 10 days to the address indicated by the Buyer when ordering on the Seller’s website. The Seller undertakes to make its best efforts to deliver the products ordered by the Buyer within the above-mentioned time limits. However, these deadlines are communicated for information purposes only and a possible overrun will not give rise to any damages, withholding or cancellation of the order by the Buyer.
However, if the products ordered have not been delivered within 10 days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Buyer or the Seller. The sums paid by the buyer will then be returned to him within thirty days, excluding any compensation or deduction.
Delivery is deemed to have been made as soon as the products ordered by the Seller have been handed over to the carrier who has accepted them without reservation. The buyer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no warranty against the shipper, even if the Seller in case of non-delivery of the goods transported.
In any event, timely delivery can only take place if the Buyer is up to date with its obligations towards the Seller, whatever the cause.
4.3 Transport costs
The price paid by the buyer when ordering online includes transport and packaging costs.
Article 5 – Transfer of ownership – Transfer of risks
The buyer is obliged to check the condition of the products upon delivery.
In the absence of reservations or complaints concerning apparent defects or the non-conformity of the products delivered with the order, expressly issued and formulated by the Buyer in writing and within seventy-two hours of delivery, the products delivered by the Seller shall be deemed to conform in quantity and quality to the order (without apparent defects).
The Buyer shall enclose with its reservations or claims all relevant evidence.
No complaint will be validly accepted in the event of non-compliance with these formalities and deadlines by the Buyer.
The Seller shall replace as soon as possible and at its own expense, the delivered products whose apparent defects and/or lack of conformity have been duly proven by the Buyer.
Article 6 – Right of withdrawal
The buyer, when he is a consumer or non-professional, has a period of 14 clear days to exercise his right of withdrawal without having to justify the reason or pay any penalties (except for personalized or ‘made-to-measure’ items).
This period starts from the day of receipt of the order.
The goods must be returned in the state in which the Seller has delivered them and in their original packaging.
If the above-mentioned conditions are met, the Buyer will be reimbursed, with the exception of the return costs, which remain at the Buyer’s expense, within a maximum of thirty days from receipt of the package by the Seller.
Article 7 – Return Policy
Returned goods must be returned in the condition in which the supplier delivered them and returned with a shipping method that includes a tracking number (proof of return). The return will be addressed to Tequila 14-16 rue Tabora 1000 Brussels Belgium.
Article 8 – Responsibility of the Seller – Warranty
The products are guaranteed against any defect in material or workmanship for a period of one (1) year from the date of opening of the product and no later than one (1) year from delivery.
In contracts concluded with non-professionals or consumers, the legal guarantee against hidden defects of the item sold applies in any case.
Under this guarantee, the only obligation incumbent on the seller shall be the free replacement of the product with an identical or equivalent product.
To benefit from the guarantee, any product must first be submitted to the Seller’s after-sales service, whose agreement is indispensable for any replacement.
Any shipping costs are the responsibility of the Seller.
The guarantee does not apply to apparent defects.
Also excluded are defects and deterioration caused by an external accident, or by a modification of the product neither foreseen nor specified by the seller.
Article 9 – Price
The products are supplied at the price in force at the time the order is placed.
The prices are indicated in Euros all taxes included.
Any tax, duty or other service to be paid in application of Belgian regulations or of the buyer’s country are the responsibility of the buyer.
The prices indicated on the site do not include postage and packaging costs which will be invoiced in addition and will be specified to the buyer at the time of the final validation of his order and which may vary according to the buyer’s geographical area.
Article 10 – Terms of payment
10.1 Terms and Conditions
The amount due by the buyer is the amount indicated on the order confirmation sent by e-mail by the Seller.
The Buyer will have the choice when validating his order, between different payment methods.
Unless otherwise agreed, or unavailability of the server, payments will be made under the following conditions:
* Immediately on the Internet: by Credit Card (Blue, Visa, Eurocard/Mastercard).
The Buyer must transmit, on the day the order is placed on the Seller’s website, his credit card number, depending on the type of card, its expiry date and the cryptogram number (a 3-digit number appearing on the back of the credit card).
By opting for immediate payment by credit card, the Buyer will then be automatically switched to the stripe payment platform, which is one of the major suppliers in Europe for banking transactions on merchant sites. Your data are well encrypted and remain confidential (SSL security system), so as to protect as efficiently as possible all data related to the means of payment, and that at no time will the User’s banking data pass through Tequila eshop’s computer system. The responsibility of the Seller cannot therefore be engaged on this point.
To check that you are in secure mode, the beginning of the address of the site http://www indicated at the top of the screen changes to https://www. The “S” that follows “http” indicates that the communication is protected or any other French banking establishment.
In any case, Tequila eshop reserves the right to refuse any order or delivery in the following cases:
*Litigation existing with the Buyer,
* Total or partial non-payment of a previous order by the Buyer,
* Refusal of authorization of payment by credit card from banking organizations.
10.2 Failure to pay
In the event of non-payment, forty-eight hours after formal notice remains unsuccessful, the sale will be cancelled by right if the seller wishes, who may request, in summary proceedings, the return of the products, without prejudice to any damages.
Cancellation shall apply not only to the order in question, but also to all previous unpaid orders, whether delivered or in the process of being delivered and whether or not payment is due or not.
In any case, the sums due for other deliveries or for any other reason will become payable if the Seller does not opt for the resolution of the corresponding orders.
The Buyer shall reimburse all costs incurred in the contentious recovery of the sums due, including legal fees.
Under no circumstances may payments be suspended or be subject to any compensation whatsoever without the prior written agreement of the Seller.
Any partial payment shall be charged first to the non-preferred part of the debt and then to the sums that are oldest due.
The seller does not intend to grant any discount for cash payment or at a date earlier than that resulting from the General Terms and Conditions of Sale.
10.3 Warranty requirement
Any deterioration of the buyer’s credit may justify the requirement of guarantees before the execution of the orders received.
Article 11 – Data processing and liberties
11.1 Personal information
The personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders and for the establishment of invoices.
This information is strictly confidential.
The lack of information implies the automatic rejection of the order.
The Buyer has the right to access, modify, rectify and delete data concerning him/her.
To exercise this right, the Buyer must connect to the Seller’s website or send a letter to the Tequila eshop customer service (postal address).
In any case, the Buyer will take care to recall his name and/or registered office and, if necessary, his buyer number.
A cookie is a computer file, stored on the hard disk of the User’s computer, whose purpose is to indicate a previous visit by the User to the Site.
Cookies are only used by Tequila eshop in order to personalise the service offered to the User.
The User retains the possibility of refusing cookies by configuring his Internet browser.
He then loses the possibility to personalize the service provided to him by Tequila eshop via the Site.
Article 12 – Miscellaneous stipulations
12.1 Partial non-validation
If one or more stipulations of the present General Terms and Conditions of Sale are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope.
12.2 Entire Agreement
The present General Terms and Conditions of Sale and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties.
In the event of contradiction between these documents, the General Terms and Conditions of Sale shall prevail.
12.3 Applicable law – Litigation
All offers and contracts are exclusively subject to Belgian law. The applicability of the Vienna Convention on Contracts for the International Sale of Goods is expressly excluded. All disputes arising from or in connection with offers made and contracts concluded with tequila eshop , or which arise therefrom, will be subject to the competent territorial jurisdiction, unless a mandatory legal provision expressly designates another jurisdiction.
In the event of an out-of-court settlement of the dispute, the Consumer Mediation Service of the Federal Government is entitled to receive all requests for out-of-court settlement of consumer disputes. The latter will, in turn, either process the request itself or forward it to a qualified entity. You can contact the Consumer Ombudsman Service via the following link: https://www.mediationconsommateur.be/fr. In the event of cross-border disputes, you can also go to the European Union’s online dispute resolution platform via this link: https://ec.europa.eu/odr.