- ‘General Terms and Conditions‘: these general terms and conditions that apply to the relationship between you and us when purchasing Products;
- ‘Consumer‘: any natural person acting for purposes outside his or her trade, business, craft or professional activity;
- ‘Agreement‘: any agreement whereby we undertake to provide the Products to you, subject to compliance with the General Terms and Conditions;
- ‘Party/Parties‘: you and/or we;
- ‘Product‘: all goods offered for sale on olivegin.com;
- ‘You/Your: any natural or legal person who is or ends up in a contractual relationship of any kind with O’Live, not limited to Consumers;
- ‘Website‘: olivegin.com;
- ‘We/Us/Our: O’Live as stated in article 2 of these General Terms and Conditions.
2. OUR IDENTIFICATION
8551 Zwevegem (Belgium)
VAT BE 0687.799.977
3.1. These General Terms and Conditions apply to all purchases of our Products. When placing an order, you must explicitly accept these General Terms and Conditions and agree to their application. These General Terms and Conditions apply to the exclusion of any other terms and conditions. If you have your own general or special terms and conditions, these are expressly excluded unless they have been explicitly accepted by us in writing. Notwithstanding the foregoing, these General Terms and Conditions do not affect the legal rights you enjoy under Belgian consumer protection legislation.
3.2. We reserve the right to change these General Terms and Conditions from time to time. However, the version of these General Terms and Conditions that applied at the time of the order remains applicable between you and us with regard to the purchase.
4. OFFER AND ACCEPTANCE
4.1. By ordering online, you confirm that you have reached the legal age of eighteen (18) years and that you are legally permitted to purchase alcoholic beverages. In accordance with article 6, section 6 of the Belgian law on the protection of user health regarding food and other products, we may ask you to prove that you are older than eighteen (18).
4.2. We make every reasonable effort to ensure that information about the Products’ characteristics and illustrations of the Products are as accurate as possible, to the extent allowed by the technical means available. On delivery, certain non-substantial characteristics of a Product may differ from the photos and descriptions displayed on the Website. It is possible that there is a difference between the colour of a Product and the colour shown by your computer screen. However, this cannot be used as a reason to claim that there is a defect in the delivery.
4.3. We cannot guarantee that all Products will always be available. Our offers are only valid while supplies last. If you order a Product via the Website that is out of stock, we will let you know by e-mail as soon as possible and you will be entitled to cancel your order. We are not liable for the temporary or permanent unavailability of a Product on our Website and/or for any damage that might result from a certain Product being unavailable. We are entitled to apply specific conditions to a certain offer, such as a limited period of validity. Such specific conditions only apply if they are explicitly communicated prior to the order.
4.4. We are not bound by an offer if this offer is obviously affected by a mistake or error. Apparent or abundantly clear errors in the quotation, such as obvious inaccuracies, can, insofar as permitted, also be corrected after the conclusion of the Agreement. We cannot be held liable for any (printing) errors in our prices or conditions.
4.5. You accept our offer by placing the order via our Website. This purchase is binding. We will send a confirmation of the order to the e-mail address you have indicated within seven (7) calendar days at the latest.
4.6. We reserve the right to refuse an order if you exhibit a serious shortcoming concerning the order with which you are involved.
4.7. In accordance with the Belgian Economic Law Code, the Parties explicitly acknowledge that a valid Agreement is established by electronic forms of communication. We can use all the electronic files in our possession, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or qualified electronic signature is not essential evidence.
5. OUR PRICES
5.1. The prices of our Products are stated on the Website and are fixed at the time of ordering. The price indication refers exclusively to the Products as described verbally. The accompanying photos are merely decorative and may contain elements that are not included in the price. All prices stated on the Website are in euros and include VAT and any other taxes or duties you have to pay. Any other costs charged, such as shipping, are stated separately.
5.2. We have the right to change prices at any time, but we undertake to use the rates indicated on the Website at the moment you place your order. If the price change is the result of changes in VAT rates, it will be charged to you.
6.1. In principle, every payment is processed immediately and completely from the moment you place the order. We accept Creditcard and Bancontact for the payment of our Products.
6.2. We may expand our payment options in the future. We take all reasonable measures to ensure that your online transactions are secure. We guarantee this protection by involving specialised parties, such as authorised credit card issuers and payment partners.
6.3. We use the Mollie external payment platform to process payments. The necessary security measures are provided via TLS. These payments are subject to the general terms and conditions of Mollie, which is solely responsible for correctly executing online payments.
6.4. Our delivery obligations are delayed until we receive full payment of all amounts you owe. We always retain ownership of all ordered Products until all amounts due under the Agreement have been paid, regardless of whether these Products have been delivered.
7.1. We process every order as quickly as possible. We make every reasonable effort to deliver your order within 5 working days.
7.2. It is your responsibility to ensure the delivery can be made at the agreed location in your presence or in the presence of a third party designated by you. Delivery has taken place as soon as the ordered Products have been offered to you for the first time. If an offered delivery is unsuccessful due to a shortcoming on your part or a shortcoming of a third party designated by you, the costs of new delivery attempts are entirely at your expense.
7.3. We rely on reliable external parties for delivery, in particular WebShip. Engaging external parties can affect the delivery. If an order has been sent out but is not delivered, an investigation at the carrier is started immediately. This takes several days and during this period it is not possible to proceed with a refund or new shipment.
7.4. Although delivered Products remain our exclusive property until they are paid in full, the risk of loss or damage is transferred to you as soon as you (or a third party designated by you) have physically received the Products. However, we would like to point out that although you retain ownership of the Product after full payment, you do not retain ownership of our intellectual property rights (as referred to in clause 13 (Intellectual property)). We or our licensors retain such intellectual property rights at all times.
7.5. If necessary, you undertake to inform third parties about the abovementioned retention of ownership, such as would be the case if anybody came to seize items that are not yet paid in full. In this regard, you undertake to inform us immediately in writing of any seizure by a third party of the Products delivered.
8. RIGHT OF WITHDRAWAL
8.1. The Consumer can exercise his or her right of withdrawal and cancel the purchase within fourteen (14) calendar days from the day following the delivery of the Product. The Consumer is not obliged to pay a fee or provide any reason, although we would obviously appreciate feedback so that we can improve our services.
8.2. If the Consumer invokes his or her right of withdrawal in accordance with these General Terms and Conditions and the legal provisions, we will refund the amount actually paid to the Consumer within fourteen (14) calendar days. We reimburse the Consumer using the same payment method used by him or her to perform the original transaction, unless expressly agreed otherwise. In any case, no costs will be charged for the reimbursement.
8.3. If the Consumer wishes to invoke the right of withdrawal, we must always be notified explicitly and unambiguously in writing. This notification must be made within fourteen (14) calendar days from the day of (physical) receipt of the Products and can be sent to WebShip via firstname.lastname@example.org.
8.4. The notification must include the following information:
- date of order, date of receipt and date on which the right of withdrawal is exercised;
- name and address.
8.5. If the Consumer invokes his or her right of withdrawal in accordance with the legal conditions, we will refund the amount actually paid for the Product within fourteen (14) calendar days of receiving the Product. The Consumer will receive a refund for the total value of the order, with the exception of the costs of shipping back the Products.
8.6. We reimburse the Consumer using the same payment method used by him or her to perform the original transaction, unless he or she has expressly agreed otherwise. In any case, no costs will be charged for the reimbursement.
8.7. The Consumer has no right of withdrawal in the following cases:
- the delivery of sealed goods that are not suitable for return because of health protection aspects or hygiene and whose seal has been broken after delivery (article VI.53.5° of the Belgian Economic Law Code);
- the delivery of alcoholic beverages, where the price of these beverages was agreed upon the conclusion of the sales contract, but which could only be delivered after 30 days and the actual value of which depends on market fluctuations over which the company has no influence (article VI.53.7° of the Belgian Economic Law Code).
8.8. The Consumer is liable for the depreciation of the Products resulting from the handling of the Products where this goes beyond that necessary to determine the nature, characteristics and operation of the Products. We are entitled to charge depreciation costs in proportion to the repayment.
9.1. The Consumer is entitled to a two-year legal guarantee. The Consumer can exercise this right if the purchased Product does not correspond to the good requested. However, the Consumer cannot invoke the legal guarantee for instalment changes or changes to the delivery location or for defects of which he or she was aware at the time of the sale.
9.2. The legal guarantee can be invoked if a defect is found in the delivered good within 2 years of its delivery. The legal guarantee starts when the good is delivered to the Consumer.
9.3. If a defect is found in the Product up to six months after delivery, it is assumed that the defect existed since delivery. If we do not agree, we must prove the contrary. If a defect is found in the Product more than six months after delivery, the Consumer must prove that the good was defective at the time of delivery.
9.4. If the Consumer wants to make a claim under guarantee, we must be informed as soon as possible, and at the latest within two weeks after discovery of the defect. This can be done by e-mailing email@example.com. We ask the Consumer to provide us with all the necessary information in this regard (if appropriate, photos can be used).
9.5. This guarantee covers replacement of the defective Product. However, if replacement is not possible, is disproportionate to us or causes serious inconvenience to the Consumer, then we undertake to allow an appropriate price reduction or, in the event of a serious defect, to terminate the Agreement and refund the entire price, provided that the Product is returned.
9.6. The legal guarantee and the guarantee for hidden defects do not apply to:
- damage caused by normal wear and tear, accidental or intentional changes made by the Customer to the Products, including improper and incorrect use and exposure to moisture, fire, earthquake and other external causes;
- damage due to accidents, neglect, falls, use of the Product for unintended purposes, failure to respect the user instructions or manual, modifications or changes to the Product, heavy use, poor maintenance or any other abnormal or incorrect use;
- damage caused after the removal of the seal on certain parts and after the removal of the serial number and other numbering of product series or rendering these unreadable.
10. CUSTOMER SERVICE
10.1. We strive to keep our customers satisfied, so you can contact our customer service by calling +32 474 55 79 51, e-mailing firstname.lastname@example.org or writing to Outrijvestraat 24, 8551 Zwevegem (Belgium). Any questions, complaints or comments about Products, the ordering process or the use of the e-store can be directed to this customer service.
11.1. To the extent permitted, we cannot be held liable for indirect damage or consequential damage. Unless excluded by mandatory law, we are only liable for damage caused by non-compliance with our obligations, if and insofar as this damage is caused by intentional and serious error on our part. We are not liable for other errors.
11.2. Nothing in these General Terms and Conditions is intended to exclude or limit your legal rights. Moreover, nothing in these General Terms and Conditions is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees) or in cases of fraud or fraudulent misrepresentation.
11.3. Should we nevertheless be held liable, the amount of the compensation is limited to the total amount paid by you for the purchased Products.
12. PROTECTION OF PERSONAL DATA
13. INTELLECTUAL PROPERTY
13.1. We guarantee that we have the necessary rights to offer our Products. We and/or the entitled party retain all intellectual property rights and derived rights to these Products. These ‘intellectual property rights’ are understood to include copyright, trademark, drawing and design rights and/or other (intellectual property) rights, including patentable and unpatentable technical and/or commercial know-how, methods and concepts.
13.2. We own the content of the Website, which is understood to include texts, graphs, photos, still images, moving images, sounds, illustrations and software. The content is copyrighted or protected by other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without our written consent.
14. FORCE MAJEURE
14.1. We are relieved of responsibility to comply with our obligations under these General Terms and Conditions in the event of force majeure. ‘Force majeure’ is understood to mean a situation beyond our control which temporarily or permanently prevents us from executing our obligations in whole or in part.
14.2. If force majeure arises, these obligations will be suspended and we will use all reasonable efforts to limit the consequences of the force majeure situation. If the force majeure situation lasts longer than [two (2)] months, either Party is entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation for this (apart from reimbursement of any Product already paid for by you and not delivered).
15.1. If a provision (or part thereof) of these General Terms and Conditions is declared null, invalid or unenforceable, this nullity, invalidity or unenforceability will in no way affect the validity or enforceability of the other provisions of these General Terms and Conditions. In the event of nullity, invalidity or unenforceability, the Parties will, to the extent possible, negotiate to replace the null, invalid or unenforceable provision (or part thereof) with an equivalent provision that corresponds to the spirit of these General Terms and Conditions.
15.2. If we do not demand the strict application of any of the provisions of these General Terms and Conditions, this cannot be considered as an implied waiver of our rights and does not prevent us from demanding strict compliance with these provisions at a later date.
15.3. These General Terms and Conditions, including any references contained therein, fully represent the rights and obligations of the Parties and supersede all previous agreements and proposals, both verbal and in writing, including any terms and conditions of the Parties.
15.4. The General Terms and Conditions always apply exclusively to all current and future Agreements between you and us, except in the case of an explicit derogation. An explicit derogation is only valid if we have mutually agreed it with you and if this agreement is explicitly recorded in writing. The validity of explicit derogations is limited to replacing or supplementing the clauses to which they relate. The other provisions of these General Terms and Conditions remain fully applicable.
16. APPLICABLE LAW/COMPETENT COURT
16.1. To the extent permitted legally, all agreements to which these General Terms and Conditions apply are governed by Belgian law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (the Vienna Convention).
16.2. The Consumer may also submit a dispute about these General Terms and Conditions to an independent body. You can find more information here: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
16.3. Any dispute regarding the interpretation or application of these General Terms and Conditions falls under the exclusive jurisdiction of the courts where our headquarters are located, unless the law demands a different court.