General terms and conditions of sale

March 2021

ARTICLE 1: PREVENTION

GUILTEA's Online Shop is exclusively reserved for persons over 18 years of age, alcohol abuse is dangerous to health. Consume in moderation.

ARTICLE 2: THE ONLINE SHOP

GUILTEA's Online Boutique is accessible at the following Internet address www.guiltea.be.
GUILTEA's commercial offer covers all the products presented in the catalogue of La Boutique en Ligne.
La Boutique en Ligne mentions the essential characteristics of each product, its price, the amount of delivery charges and the delivery terms.

ARTICLE 3: GENERAL

Any order placed by a buyer on the Online Shop is subject to these General Terms and Conditions of Sale to the exclusion of any other document, in particular the buyer's general terms and conditions of purchase.
All clauses and conditions contrary to these General Terms and Conditions of Sale appearing on purchase orders and more generally on any type of correspondence from the buyer shall be deemed to be unwritten and shall have no contractual value between the parties. The present General Terms and Conditions of Sale may only be derogated from by the express written agreement of GUILTEA.
The products are described by the information given on the technical data sheets.
The information given in the catalogues, leaflets, advertisements, notices or other documents of GUILTEA is given only as an indication and does not engage GUILTEA which will be able to modify them at any time.
The photographs of the product data sheets are given only as an illustration, it is possible that the product differs from what is displayed. The information provided by the photographs does not commit GUILTEA, which may modify them at any time.
GUILTEA reserves the right to correct any accidental material error or omission in these Terms and Conditions, as well as in any other contractual document.

ARTICLE 4: ORDER

All orders must be placed via the Online Shop by clicking on the "Order with obligation to pay" button. The order is only firm when the buyer has successively filled in the mandatory information in the "Identification", "Enter your details", "Choice of transport" and "Choice of payment method" sections.
The order is confirmed by GUILTEA by sending an email to the buyer.
Any order on the Online Shop implies the acceptance without reserve of the present General Terms and Conditions of Sale of which the buyer acknowledges having read and understood prior to placing the order.
The buyer undertakes to be at least eighteen years of age at the date of the order.
In the event of non-compliance with these Terms and Conditions by the buyer, GUILTEA reserves the right to cancel all or part of the orders in progress or to suspend the delivery of goods.

ARTICLE 5: STOCK AVAILABILITY

The products are offered and delivered within the limit of available stocks.
In the event of unavailability of the product ordered, GUILTEA will inform the buyer and will deliver to the buyer as soon as the stock is replenished.

ARTICLE 6: VALIDITY OF THE ORDER

GUILTEA reserves the right to refuse any order for legitimate reasons and more particularly in the event that the quantities ordered, by means of one or more orders, are abnormally high compared to the quantities usually ordered by buyers as consumers.

ARTICLE 7: PRICES

The purchaser is bound by an obligation to pay the price at the time of ordering on the Online Shop.
The prices of the products are indicated in Euros, all taxes included, excluding delivery costs, which are indicated on the Online Shop.
The prices invoiced for the products are those appearing on the Online Shop on the date of confirmation of the order by the purchaser.
GUILTEA reserves the right to modify the prices in force on the Online Shop at any time. The price change will be automatically applicable on the date of publication of the price change on the Online Shop.
All orders, regardless of their origin, are payable exclusively in Euros.

ARTICLE 8: RESERVATION OF OWNERSHIP

GUILTEA retains full and complete ownership of the products until full payment of their price, in principal and interest, by the Buyer.until full payment, the Buyer undertakes not to resell the unpaid products, not to dispose of them and to take all steps to ensure that these products are kept in the state in which they were delivered and that they remain individualized as the property of GUILTEA.

ARTICLE 9: DELIVERY COSTS

Delivery costs are free from 30€ of purchases including VAT, for delivery addresses located in Belgium only. They are offered from 100€ of purchases including VAT, for delivery addresses located in Germany, Netherlands, France, Spain, Italy, Great Britain and Luxembourg.
In any case, GUILTEA reserves the right to impose a carrier and delivery charges on the buyer, due to the particularity of the Products.
"Rare" Products as defined above, by their high value and their (almost) irreplaceable character, will automatically be shipped by a Premium means of transport, at the choice of GUILTEA. Delivery costs will be incurred to the Buyer in the same way as standard delivery costs.

ARTICLE 10: PAYMENT

The buyer has the possibility to proceed to the payment of his order through different modalities which are as follows:
- by bank transfer to GUILTEA's bank account.
The bank transfer must be made within 10 working days of the order being placed.
If the bank transfer is not received within this period, the order will be cancelled.
- by credit card (Carte Bleue, Visa, Mastercard, American Express) through the online services offered by PayPal.
GUILTEA reserves the right to modify the means of payment available at any time.

ARTICLE 11: SITE EVALUATION

Purchases on the shop www.guiltea.be offer the buyer the opportunity to evaluate his buying experience. Through two satisfaction questionnaires whose purpose is to measure the quality of service provided to the buyer throughout his act of purchase, the buyer can share his personal experience.
A partial response or lack of response to this satisfaction questionnaire does not affect the progress of orders and their processing.

ARTICLE 12: EXPORT SALES

In case of delivery to a country other than Belgium, the buyer is deemed to be the importer of the product(s) concerned.
In the event of delivery to a country other than those of the European Union or the DOM-TOM, the price of the products will be automatically calculated exclusive of tax.
All local taxes, customs duties or other services to be paid are the exclusive responsibility of the buyer. It is the responsibility of the buyer to carry out all formalities and obtain all necessary authorisations for the acquisition of products from local authorities and to ensure that the products comply with local legislative and regulatory requirements.
GUILTEA advises buyers to enquire about these obligations with the relevant local authorities prior to any order on La Boutique en Ligne.

ARTICLE 13: RIGHT OF WITHDRAWAL OF THE BUYER

a ) RIGHT OF WITHDRAWAL
The buyer has a period of fourteen (14) days following receipt of the order to exercise his right of withdrawal, without having to give any reason.
To exercise his right of withdrawal, the buyer must notify his decision by means of a clear and precise statement, free of any ambiguity.
The declaration of withdrawal must include the following mandatory information: name of the buyer, geographical address and, where appropriate, telephone number and e-mail address. In the event that the product has been received by a third party other than the purchaser, the latter must indicate in the declaration of withdrawal the contact details of this third party.
The declaration may be made by any means:
- Postal address
- GUILTEA SRL -, Rue Sigebert de Gembloux 10/102, 1348 Ottignies-Louvain-La-Neuve
- E-mail to mehdi.mbarek@guiltea.be
Upon receipt, GUILTEA will send the purchaser, without delay, an acknowledgement of receipt of the withdrawal on a durable medium.
The right of withdrawal cannot be exercised for bottles that have been opened.
EFFECT OF THE WITHDRAWAL:
In case of exercise of the right of withdrawal by the Buyer, GUILTEA will reimburse the Buyer the totality of the sums paid at the latest fourteen (14) days after receipt by GUILTEA of the Buyer's decision to withdraw, in accordance with the provisions of article 14 b) above.
The Buyer undertakes to return the products received without delay, where applicable no later than fourteen (14) days from the notification of the withdrawal declaration to GUILTEA. Withdrawal will only be effective after the products have been returned to GUILTEA before the fourteen (14) day period has expired.
The order must be returned by the buyer to the following address:
GUILTEA SRL Rue Sigebert de Gembloux 10/102,
1348 Ottignies-Louvain-La-Neuve
Belgium
The costs of returning the products are the responsibility of the buyer. These costs vary with the weight of the package, and are estimated at a maximum of approximately 50 EUR in Belgium and for orders abroad. GUILTEA cannot be held responsible for any inaccuracy in the estimation of shipping costs.
BUYER'S RESPONSIBILITY:
The buyer is responsible for any depreciation of the product or its packaging resulting from handling other than that necessary to establish the nature, characteristics and good condition of the Product.
b ) RETURN AND REIMBURSEMENT FOR NON-CONFORMITY:
In the event of delivery to the purchaser of a non-conforming or defective product, the purchaser may return the said Article within fourteen (14) days of receipt of the delivery to GUILTEA by following the procedure set out below and accessible on the Site.
The Buyer must notify his intention to return an Item by e-mail to GUILTEA's customer service department via the Site.
In order to benefit from the refund, the Customer will proceed to the return, in the original packaging of the Articles, to the following address:
GUILTEA SRL
Rue Sigebert de Gembloux 10/102,
1348 Ottignies-Louvain-La-Neuve
Belgium
Once the verification of the returned Articles has been carried out, GUILTEA undertakes to refund the Buyer as soon as possible, to the bank account or payment account of the Buyer used for the payment of the Articles.

ARTICLE 14: TERMS OF DELIVERY AND SHIPMENT

All orders are processed by GUILTEA's Internet Customer Service from Monday to Friday inclusive, except on public holidays. The processing of the order takes place:
- the day of the online payment of the order on the Online Shop, in the case of a payment by credit card or Amex (transaction accepted by the Dalenys online payment solution);
- the day of the online payment of the order on the Online Shop, in the case of a payment by Paypal (transaction accepted by the Paypal online payment solution);
- the day of the reception of the transfer in the case of a payment by bank transfer.
Orders are then dispatched from Monday to Friday inclusive, except for public holidays, within two to three working days from the day the order is processed.
These dispatch times may be extended during periods of high activity or in the event of an exceptional closure. For example: Christmas, Father's Day, annual closure, inventory.
An email confirming the dispatch of the order is sent to the buyer on the day of the effective dispatch of the order.
The delivery time (from the effective date of dispatch of the order) for delivery addresses in Belgium is 24 hours with Bpost . The tracking of the delivery is done on the website of this carrier, via the link provided in the email sent by GUILTEA .
In any event, the Buyer will be able to exercise his right of withdrawal, according to the terms and conditions set out in Article 13 of these Terms and Conditions of Sale.
It is expressly agreed that the Buyer will become responsible for the products as soon as they are delivered, the delivery entailing the transfer of risks at the Buyer's expense.
The delivery is made by the delivery of the products to the Buyer, except in the case where the Buyer designates to GUILTEA another carrier other than those proposed by GUILTEA.

ARTICLE 15: DELIVERY ERROR / DEFECT

In the event of delivery of an Item that does not correspond to the Buyer's Order, or of a defect related to transport, the Customer may return the said Item within 15 days of receipt to GUILTEA by following the procedure set out below.
In order to benefit from the exchange or refund of the Article, the Customer will proceed to the return, in the original packaging of the Article, to the following address:
GUILTEA SRL
Rue Sigebert de Gembloux 10/102,
1348 Ottignies-Louvain-La-Neuve
Belgium
Once the verification of the returned Articles has been carried out, GUILTEA undertakes to exchange or reimburse the Customer according to the choice made by the latter, as soon as possible; in the event of reimbursement, it will be made to the Customer's bank account or payment account used for the payment of the Articles.

ARTICLE 16: PRODUCT GUARANTEE

The products sold correspond materially to the specifications presented to the buyer by the Online Shop when they are used in strict compliance with the functions for which they were sold. Unless otherwise provided by law, GUILTEA's liability shall in no event exceed the value of the goods invoiced.

ARTICLE 17: INTELLECTUAL PROPERTY RIGHTS

The website www.guiltea.be and each of the elements that make it up (such as trademarks, domain names, texts, trees, software animations, images, photographs, illustrations, packaging, diagrams, logos, sounds and music) are the exclusive property of GUILTEA or third parties who have duly authorized GUILTEA to exploit these elements, which is the only one entitled to exploit the related intellectual property rights.
No element of the website may be used, reproduced, distributed or published in whole or in part without the prior written authorization of GUILTEA.
The use of all or part of the site www.guiltea.be, in particular by downloading, reproduction, transmission, representation or diffusion for purposes other than for your personal and private use for non-commercial purposes is strictly prohibited.

ARTICLE 18: HYPERTEXT LINKS AND COMMENTS

The creation of hypertext links to the site www.guiltea.be is subject to the prior written authorization of GUILTEA, which may be revoked at any time.
GUILTEA disclaims any responsibility (including editorial) regarding access to sites - and their content - having a hypertext link to or on the site www.guiltea.be
GUILTEA reserves the right to remove any comment published by a user and/or buyer on the site www.guiltea.be.

ARTICLE 19: ACCESS TO THE ONLINE SHOP

GUILTEA reserves the right to make changes to The Online Shop and the site www.guiltea.be at any time and without notice.
GUILTEA disclaims all liability in case of interruption or inaccessibility of the site www.guiltea.be, the occurrence of bugs, or any damage resulting from fraudulent acts by third parties (including intrusion) from the site www.guiltea.be.

ARTICLE 20: LIBERATING CIRCUMSTANCES

GUILTEA is delivered from its obligations by the occurrence of events constituting force majeure, acts of God or de facto of the prince.

ARTICLE 21: PERSONAL DATA AND PRIVACY POLICY

GUILTEA undertakes, within the framework of its activities and in accordance with the legislation in force in France and in Europe, to ensure the protection, confidentiality and security of the personal data of the users of its services, as well as to respect their privacy.
For more information on the Personal Data Policy, the buyer may refer to the section "Personal Data Policy" of GUILTEA. This Policy informs you on how GUILTEA, its subcontractors and its possible partners treat your personal data.
This Policy is particularly applicable to customers and users of offers and services and visitors to the Site.

ARTICLE 22: COOKIES

GUILTEA may be led to implant a cookie in the Internet user's computer. A cookie does not make it possible to identify the Internet user; on the other hand, it records information relating to the navigation of his computer on the website www.guiltea.be (pages consulted, date and time of consultation, etc.) that GUILTEA will be able to read during the Internet user's subsequent visits. Thus, GUILTEA proposes to the Internet user to facilitate its navigation by recording information relating to the navigation of its computer on the site www.guiltea.be, in particular its parameters of connection to its account.
The cookie contains the information that the Internet user has communicated to GUILTEA. Thus, the Internet user will not need, on his next visit, to fill in the proposed form again.
GUILTEA informs the Internet user that he can oppose the recording of "cookies" by configuring his browser for this purpose .

ARTICLE 23: CONTACT

For any question, we thank Internet users and/or buyers for kindly sending a message to GUILTEA by filling in their request in the dedicated space in the "Contact" section accessible on all the pages of the Online Shop.
The contact details of GUILTEA are also accessible on all the pages of the Online Shop in the "
Who are we?“.

ARTICLE 24: ABSENCE OF TACIT RENUNCIATION

The fact by one of the Parties, at any time whatsoever, of not exercising a prerogative recognized by these General Terms and Conditions of Sale, in particular of not terminating the contract of sale or exercising this prerogative with delay, or of not requiring the execution of any stipulation of the General Terms and Conditions of Sale, may under no circumstances be interpreted as an express or tacit renunciation by this Party, nor to its right to exercise the said prerogative in the future, nor to demand the scrupulous execution of the commitments entered into by the other Party to undertake any action or claim it may have in relation to the non-performance of its obligations by the other Party, nor possibly to its right to terminate this contract for any violation of the same or a different nature.

ARTICLE 25: APPLICABLE LAW - COMPETENT COURTS

The present general conditions are exclusively governed by Belgian law, to the exclusion of any other law, resulting in particular from the Vienna Convention of 11 April 1980 on the international sale of goods.

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