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General conditions for online sales and use of the website

1. Preamble

These conditions of sale are applicable to all contracts concluded between, on the one hand, the company ABD Drinks, whose registered office is at Chaussée de Marche 37/0002, 4121 Neupré, registered with the Banque Carrefour des Entreprises under number 0749.869. 386 hereinafter referred to as "the seller" and, on the other hand, any professional buyer or any consumer wishing to make a purchase via the seller's website, hereinafter referred to as "the buyer".

We hear by :

2. Purpose

These general conditions of sale aim to define the contractual relationship between the seller and the buyer as well as the conditions applicable to any purchase made through the seller's site, whether the buyer is a professional or a consumer.

The acquisition of a good or a service through this site implies unreserved acceptance by the purchaser of these general conditions of sale.

These general conditions of sale replace any other agreement previously concluded between the parties and shall prevail over all other general or specific conditions not expressly approved by the seller.
The seller reserves the right to be able to modify its conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the order by the buyer.

3: Characteristics of the goods and services offered

The products and services offered are those listed in the catalog published on the seller's website.

The photographs in the catalog are provided for informational purposes only and are not of a contractual nature.

4: Prices

The prices of the products and services displayed on the site are indicated in euros all taxes included (VAT and other applicable taxes).

The prices indicated do not include any transport costs, these being the subject of an additional item when ordering.

The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in effect at the time of confirmation thereof.

The seller reserves the right to reflect on its prices changes in the VAT rate and other applicable taxes that occur before the delivery date.

5. Geographical areas

The online sale of the products and services presented on the seller's site is reserved for buyers residing in the countries offered for delivery by the site.

5.1. General

Products purchased on www.baia drinks.com are only delivered to the countries indicated on the site. They will be delivered to the address indicated on the order form. The times indicated are indicative times and correspond to the shipping processing times plus the delivery time.

In the event of an order by a resident of any other country, in any way whatsoever, the seller declines all responsibility for any failure to deliver and reserves the right not to reimburse the products ordered.
The buyer accepts that no delay in delivery will result in the termination of the order or the payment of damages for the benefit of the buyer.

There will be no refund of the order until it is returned to the sender and in perfect condition. The term "perfect condition" means in their original packaging, without any damage and with all accessories and possible gift (s) from the seller.

The seller has the right to make partial deliveries. In the event of non-delivery of the goods, the seller will notify the buyer by email to the address provided in the order form and any sums paid by the buyer will be refunded, within 60 days, without interest or other form of compensation.

In the event of payment by bank transfer, the order will only be processed upon receipt of the amount. Consequently, the delivery times mentioned at the conclusion of the order take effect on the day of receipt of payment by the seller, and may therefore be extended depending on the date of payment.

If the buyer decides to cancel his order after payment and his order has already been sent outside the seller's premises and placed in the process of delivery, ABD Drinks will only proceed with the refund when the buyer has made a return to its costs and under its responsibility.

5.2. Risk transfer

The property and the risks relating to the products ordered by the purchaser will be transferred upon receipt of the products.

5.3. Tariffs

When the buyer orders products to be delivered to him in a country other than Belgium, the buyer is considered to be the approved importer and must therefore comply with the laws and regulations in force in the country in which he receives the goods. .

The buyer may be subject to import duties or taxes upon arrival of the goods in their country. All additional customs clearance costs are the responsibility of the buyer. ABD Drinks has no control over these charges and cannot know their amount. As customs policies vary from country to country, the local customs authorities are the only ones responsible for providing such information to the buyer.

6. Orders

The buyer, who wishes to buy a product or a service, must:

The sale is deemed to be perfect upon confirmation of the order by the buyer.

No shipment of merchandise will be made without order confirmation and receipt of full payment for the order.

Products and services are offered within the limits of available stocks. In case of unavailability of an item, the seller will inform the buyer by email as soon as possible. They will be able to choose between waiting (in the event of temporary unavailability) or canceling the order for unavailable items free of charge.

The seller reserves the right to refuse or cancel any order or any delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order or refusal of authorization of payment by credit card of the banking organizations. In this case, the responsibility of the seller could not, in any case, be engaged.

7. Right of withdrawal and waiver

In accordance with Book VI of the Code of Economic Law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the product. This right of withdrawal is not recognized for the professional buyer.

Within this period, the consumer must notify the seller of his intention to make use of his right of withdrawal, as follows:

The return to the seller will be made at the following address, unless otherwise instructed to the consumer, by any means of transport chosen by the consumer, who must retain proof of shipment.

ABD Drinks
Chaussée de Marche 37/0002
4121 Neupré - Belgium

The products must be returned in their original packaging, undamaged, accompanied by all their accessories, the user manual as well as the original invoice / delivery note.
The returned products must not have been unpacked, unsealed, used in any way.

Incomplete, damaged, damaged or soiled goods by the customer will not be taken back.

Within 30 days, after receipt and acceptance of the returned goods, the seller undertakes to reimburse any payment, with the exception of shipping costs which remain the responsibility of the consumer.

The consumer cannot exercise the right of withdrawal for contracts:

  1. supply of products made to the consumer's specifications or clearly personalized;
  2. supply of audio or video recording or computer software unsealed by the consumer

8. Payment terms

Payment can be made using any means offered by the seller's site.

In the event of a bank transfer, the sum must be paid at the latest within 48 hours to the Belfius bank account BE71 0689 3790 6969, BIC: GKCCBEBB. Otherwise, the seller reserves the right to cancel the order.

The items ordered remain the exclusive property of the seller until full payment of the order by the buyer.

Any bank charges applied to the buyer's banking organization are entirely at his expense.

9. Delivery

Deliveries are made to the address indicated on the order form, which can only be in the geographical area mentioned above or to a delivery point of the buyer's choice when ordering.

In the event of absence during delivery to the address communicated by the buyer, the latter can contact the seller within 48 hours of delivery in order to agree on another delivery date.

In the event of sale to a consumer, the goods are transported at the risk of the seller until delivery of the goods to the delivery address specified by the buyer. From that moment, the buyer alone assumes the risks. In the event that the delivered goods are damaged, the buyer is obliged to refuse the goods or to accept them only subject to a written reservation on the carrier's delivery note, to be completed together by the customer and the carrier. Any complaint relating to the delivered goods must be received by the seller within 48 hours of the date of receipt. The complaint must be made by email to the address info@baiadrinks.com and be accompanied by a copy of the purchase invoice, the delivery slip completed with the written reservation mentioned above as well as at least 3 photos illustrating the reservation made in the delivery slip. After this period, no subsequent claim for apparent defects will be taken into consideration.

In the event of sale to a professional, transport is at the risk of the buyer.
The delivery times communicated by the seller are strictly indicative in the absence of a written agreement to the contrary.

In the event of a delay in delivery, if it is at least fifteen working days and only as part of a non-personalized order (item regularly in stock), the buyer may renounce his purchase without compensation, for neither of the two parties, provided that he notifies the seller by e-mail within 3 days of the seller's notification of the delay in delivery. The buyer will then be reimbursed by bank transfer to his bank account for the total amount of his order including transport costs (if incurred during the order) within 15 working days. The parties will then be fully released from their respective obligations.

In all cases, the following circumstances release the seller from his obligations in terms of time:

  1. Force majeure (including, in particular, strikes, technical incidents, supplier delay and labor shortage).
  2. If the payment terms are not met.
  3. If changes are decided by the buyer after ordering.
  4. If the buyer does not provide the desired information within the specified time frame.

10. Guarantee

With regard to consumers, the seller guarantees the products he sells in accordance with the law on the sale of consumer goods.

The consumer who notices the non-conformity of a product sold within 2 years of delivery of the goods must notify the seller within 2 months of the finding by registered letter or by email.

This warranty only covers any lack of conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, drop or shock, neglect and wear and tear, are not covered by the warranty.

The invoice or the delivery slip serve as a guarantee and must be kept by the consumer and produced in original.

The professional buyer benefits only from the manufacturer's warranty.

Perishable foodstuffs are subject to a special regime as provided for by law

11. Responsibilities

The seller, in the online sales process, is only bound by an obligation of means. It cannot be held liable for damage resulting from use of the Internet network and online payment such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
The data on the site are given in good faith. The links offered to the sites of manufacturers and / or partners are provided for information only and have no contractual value. The seller cannot be held responsible for information from these sites.

The buyer is responsible for the choice and use of the product delivered by the seller. He certifies that he is of legal age to order and consume the products sold, by the seller, in his country. The seller declines all responsibility for any inaccuracies in the information communicated to him by the buyer.

12. Intellectual property

All the elements of the products and appearing on the seller's site are and remain the intellectual and exclusive property of the latter.

No one is authorized to reproduce, use, redistribute, or use for any purpose whatsoever, even partially, elements of the site, whether software, visual or sound.

Any simple or hypertext link is strictly prohibited without the express prior written consent of the seller.

13. Protection of personal data

13.1. Collection and processing of personal data

ABD DRINKS processes the buyer's personal data in accordance with the General Data Protection Regulation (hereinafter the GDPR), regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data, repealing Directive 95/46 / EC.

All personal data necessary to process an order is kept by the seller or his employees and may be transmitted to companies with which the seller, or his suppliers, collaborate when such communication is necessary to process the order.

ABD DRINKS only collects the personal data necessary for the correct performance of the service it offers, as listed and collected in the order form completed by the purchaser.

By completing the order form and accepting the general conditions of sale, the buyer, person concerned under the terms of the GDPR, expressly gives his consent for his data to be collected and processed by ABD DRINKS, for the purposes of carrying out the benefits and services offered by the latter.

All personal data necessary to process an order is kept by the seller or his employees and may be transmitted to companies with which the seller, or his suppliers, collaborate when such communication is necessary to process the order.

The personal data collected by the seller can also be used to allow the dissemination, by any means of communication, of information relating to the seller's commercial activities to his customers.

The buyer also authorizes the seller to use this data to establish statistics in order to strengthen and personalize communication, in particular through information letters / emails as well as as part of the personalization of the site according to the observed preferences of buyers, or for monitoring solvency.

This information may also be used to allow the dissemination, by any means of communication, of information relating to the sales activities of the seller to his customers.

The data kept by the seller can be requested, corrected or deleted at any time on simple request by email with the subject line "Request / Correction / Deletion of my personal data" to the email address info@baiadrinks.com.

13.2. Access to personal data

The buyer has a right of access to personal data processed and collected by the seller, in accordance with the rules laid down by Article 15 of the GDPR.

The buyer who wishes to exercise this right of access must send a request to the seller by email at the address info@baiadrinks.com with the subject "GDPR - data access request".

The buyer may, at any time, make changes and rectifications to the personal data collected by the seller (Art. 16 GDPR) if they are inaccurate. He also has a right to the erasure of his personal data (Art. 17 RGPD) as well as a right to object to the processing of these (Art. 15 RGPD).

The buyer accepts that the collection of personal data and their processing are necessary so that the seller can ensure the provision of the service, the seller cannot enter into a contractual relationship without collecting the personal data of its customers.

13.3. Data retention.

The seller may keep personal data to facilitate subsequent orders, without prejudice to the rights offered to the buyer and set out in point 2.

In order to comply with its obligation of temporary and proportionate storage of buyers' personal data, this data will be automatically deleted 18 months after the last order, and 2 weeks after sending an email warning the buyer of the imminence of the deletion of this data and inviting him to again express his consent for their conservation.

Without prejudice to the foregoing, the seller undertakes not to disclose the personal data in his possession to another company or another company.

13.4. Divers - contact

For any request for information or for any additional question concerning the processing of personal data by ABD DRINKS, please turn to www.baiadrinks.com/RGPD or contact the company by email at info@baiadrinks.com.

14. Proof

The parties accept, as part of their relations, electronic means of proof (by way of example: email, computer backups, etc.).

15. Applicable law and competent courts

These conditions of online sale are subject to Belgian law.
All disputes fall under the exclusive jurisdiction of the courts within the jurisdiction of our head office.