Conditions générales

TERMS OF SALES OF BELGIAN OWL - PRODUCTS AND SERVICES, DEXOWL S.A. OFFICIAL DISTRIBUTOR OF BELGIAN OWL WHISKYS AND THE OWL DISTILLERY, OFFICIAL PRODUCER

These TOS apply to the contractual relations between the Seller and the Buyer and aim to define the terms and conditions of sale on site and/or remotely on the website www.dexowl.com of the products and services appearing in the Seller’s catalogue. In the case of on-line sales, these General Terms and Conditions prevail over any other document from a third party that the Buyer may be led to accept.

The TOS applicable to any Purchase are those in force on the day of the Purchase or reservation. However, the TOS are subject to changes and updates. It is Buyer’s responsibility of the Buyer to read the TOS with each order they make. These Terms of sales prevail over any purchasing conditions, unless formally waived by DEXOWL S.A., or in case of a valid distribution contract between the Seller and the Buyer, in which case the distribution contract prevails in case of contradiction.

These conditions shall take effect as from 1 January, 2022. All orders shall automatically

Personnal Consumption

The Customer declares that the products purchased on the online sales site http://belgianwhisky.com are for his own personal consumption (or bought as a gift to be distributed freely) and will NOT be sold. The Customer who has the intention to resell the products is invited to directly contact The Owl Distillery.

Prohibition of sale to minors

According to the law of January 24, 1977 on the protection of consumer’s health in relation to food and other products, the sale and distribution of alcohol to minors is prohibited. The Customer declares that he has the legal capacity to contract, that is to say, he is of legal age and not under supervision or legal guardianship, in order to access the online sales site http://shop.belgianwhisky.com. The Customer declares that he is of legal age to consume alcoholic beverages in his country.

Orders

Any order placed must be confirmed in writing by the Buyer.
The orders shall mention in particular: the exact name of the ordered products, the quantity, the possible references, the agreed price, the terms of payment, and the place and date of delivery. The orders drawn up by the Seller shall have to be dawn up on a purchase order duly dated and signed.

No modification, termination or waiver of the terms and conditions established between the Seller and the Buyer shall be accepted unless approved in writing by DEXOWL S.A. No tariff modification between the distributor, the customer, the Buyer and the importer, may be made without prior notice to the Seller.

Orders shall only be binding on us if they have not been disputed by us within 48 hours of receipt. If the order is not disputed within this 48-hour period, it will be considered as accepted and the sale shall be deemed to be definitively accepted, the Buyer expressly declaring that they waive the provisions of Article 1587 of the Civil Code. The undisputed order may then no longer be the subject of any modification, cancellation or extension of deadline, unless agreed to in writing by the Seller.


The Seller reserves the right to refuse, reduce or split any order from the Buyer that is abnormal in terms of quantity or in the event of failure to cover by the Buyer, for the full amount of his order, after notifying the Buyer in writing, without this giving rise to any indemnity or damages of any kind.


Likewise, given that the products sold, by their nature, are limited in quantity, the Seller reserves the right to reduce any order from the Buyer in the event of a stock shortage or a necessary quota measure, after notifying the Buyer in writing, without this entitling the Buyer to any damages of any kind.

For the same reasons, the Seller reserves the right to modify their offers at any time, after having notified the Buyer in writing.


The Seller may refuse an order, or suspend its execution, if the Buyer is not up to date with any of their obligations.

The order process

The identification


For the first order:
The Customer has the obligation to create an account with the "Lock" icon. In order to do so, he has to introduce his e-mail address and click on the "Create Your Account" tab. A form entitled "Your personal information" will then appear.
Once this form is filled out, the Customer only has to click on the "Register" tab.
Once this stage is completed, the Customer can order the products of his choice by following the ordering process detailed at Section B below.
For subsequent orders:
The Customer will have access to the order process described at Section B below, by introducing his e-mail address and password in the window entitled "Already registered" after having clicked on the "Log in" tab.


The order process


• Thanks to the "Add to your basket” tab, the Customer can select the products of his choice to add these to his online shopping basket.
• Once the basket contains all the products of his choice, the Customer simply has to click on the "Order" tab in order to arrive at the screen with information concerning the delivery and the invoicing addresses.
• Then, the Customer has to confirm his order by using the "Next" tab.
• After having accepted the general terms and conditions of sales, the Customer will click on the "Next" tab.
• Finally, the Customer has to select the payment method for his order. Until the Customer clicks on the tab concerning the payment method in order to confirm the order, there is the possibility to modify or correct the order at any time, by using the "Previous" tab.

Deliveries

Our products are sold ex our premises so that our company shall be released from all liability as soon as the products have left our premises, whatever the transport and payment terms, excepting express written agreement of the Seller.

The Buyer therefore undertakes to take out an insurance policy covering the risks of loss, destruction or theft of the products during transport operations, the products travelling at their own risk.

In the case of international sales, the products sold are sold under the Incoterm EX-Works departure THE OWL DISTILLERY, Hameau de Goreux 7, 4347 Fexhe-le-Haut-Clocher, Belgium, as defined by the ICC Incoterms 2020, with all the resulting obligations for the parties, unless otherwise agreed in writing with the Buyer.

The Seller is entitled to make partial deliveries.

When the transport is carried out by the Buyer or by a carrier appointed by them, they are obliged to ensure that the means of transport used can in no way alter the quality of the products sold, having regard to their nature and in particular that the means of transport used is perfectly clean, free of any odour, with a temperature of between 1 and 30 °C and with a humidity of no less than 10% nor more than 60%.

As the products travel at the Buyer’s risk and peril, it is incumbent on them to check these on arrival, to make all necessary reserves with the carrier on the delivery note, and if necessary, to exercise any recourse against the carrier.

Apart from the conditions set out in these General Terms and Conditions of Sale, no return of products may be made without the Seller’s prior agreement.

In the event of force majeure and/or impossibility of production or delivery of the products under normal terms and conditions, the delivery period will be postponed without any damages or penalties or compensation being claimed by the Buyer.

Packaging

Under all circumstances shall the orders comply with the Seller's packaging, no modification of the packaging or any mixing of products within a package being possible, excepting the Seller’s prior agreement. Non-respect of the packaging which will lead to an alteration of the products will lead to damages and interest at the expense of the Buyer.

Our deliveries are made in standard packaging appropriate to the conditions of transport, for an effective protection of our products. If the Buyer wishes a delivery in a specific packaging, the costs of this packaging will be at their expense. The Buyer shall have to duly inform the Seller of this in writing.

Prices

The prices shown in catalogues, brochures, price and tariff lists are only given as an indication and are valid at a given time, without any guarantee of duration. The Seller reserves the right to modify the price of products at any time with a minimum of one month's notice, it being specified that in the event of a variation in price, invoicing will be carried out at the rate in force on the date of order.

The prices are applicable for deliveries within a maximum of 3 months from the date of receipt of the order. In the event of a delivery period of more than 3 months, the price of the products is likely to vary between the date of the order and the delivery date. In this case the Seller undertakes to inform the Buyer in writing.

Unless otherwise specified, the prices indicated by the Seller shall be exclusive of taxes, discounts, excise duties and duties, for packaged products delivered in its premises with standard packaging, all costs, taxes, duties and miscellaneous charges being borne by the Buyer.

The prices are for the number of products indicated in the order, any variation in the quantities ordered by the Buyer, subsequent to the order, even if accepted by the Seller, shall authorize them to modify the invoicing price and the conditions of sale according to the sale price in force at the date of modification of the order and the pricing conditions that may be granted taking into account the modifications made.

The final prices shall always be made in writing on an order form duly stamped with the sign DEXOWL. S.A.

Payment

The buyer has the responsibility to immediately settle the total value of the order, either through bank transfer, or through the OGONE online secure payment system.

Payment shall be made in full at the time of the order and said payment of the order releases the delivery.

In the event of negative financial information on the Buyer arising in the past from a payment incident, payment may be required prior to shipment of the products ordered.

A penalty of 15% will be applied if the pick-up date of the products is not respected.

The Buyer shall refrain from offsetting payment against any sums that may be owed by the Seller, a payment by offsetting being considered as a default in payment, with all the resulting consequences for the Buyer.

Acceptance - return of goods

Without prejudice to the measures to be taken with regard to the carrier, the Buyer shall inform the Seller by registered letter with acknowledgement of receipt of any missing items, apparent defects or lack of conformity of the products delivered. These claims on the conformity of the products, in number and quality, and on apparent defects, referred to in this article, shall have to be made by the Buyer, by registered letter with acknowledgement of receipt sent to the Seller within a maximum of 5 days from the date of receipt of the products delivered to the Buyer's premises. After the time limit stated above, any complaint of any kind will be considered inadmissible.

In the event of lack of conformity, apparent defects or shortages, the Buyer may only ask the Seller to replace free of charge or to reimburse the non-conforming or visibly defective products and to supply the additional products to make up the shortages.

The lack of conformity of a part of the delivery does not exempt the Buyer from their obligation to pay for the products for which there is no dispute. The Seller is not responsible for any faults or errors that the Buyer may have overlooked.

Retention of property

Contrary to Article 1583 of the Civil Code, The Owl Distillery retains ownership of the sold goods until full payment of the price and possible compensations for delays and or damages.

Waiver

For selling to consumers at a distance that fall within the scope of the Law of July 14, 1991, amended by the Law of May 25, 1999, the Customer has the right to inform the seller that he cancels the purchase without payment of any penalty and without having to give a reason, within 14 working days from payment.

Force majeure

The Seller may be released from all or part of his obligations without being held liable for damages and interest that may be claimed if fortuitous events or force majeure prevent or delay the preparation or delivery of the products. In the event of the occurrence of a case of force majeure, the Seller undertakes to notify the Buyer as soon as possible and in writing, the Seller's obligations being suspended for the duration in the case of force majeure.

However, if the case of force majeure continues for more than five months, the Buyer may automatically cancel their order(s) or cancel the sale(s) in progress, without this generating damages and interest.

The following in particular shall be considered as cases of force majeure: fire, floods, storms, climatic phenomena, serious accidents involving equipment or tools, if a pandemic leading to a halt in production, mobilisation, war, interruptions in transport, shortages of raw materials, changes in laws or regulations inherent in the products sold, strikes, whether total or partial at the Seller or at their suppliers, the stock depletion of a product and more generally, any cause beyond the Seller's control.

Title retention clause

The Seller shall retain ownership of the goods sold until actual payment of the full price in principal and accessory.

In the event of seizure, or any other intervention by a third party on the products, the Buyer shall have to imperatively inform the Seller within 2 working days in order to allow them to oppose it and preserve their rights. The Buyer agrees not to grant any right whatsoever to any third party whatsoever on products not fully paid for.

In the event of resale of the products affected by the title retention clause, the Buyer shall refrain from assigning the claim held against their own customer, except to the Seller, and shall undertake to pay the sums due to the Seller as soon as payment is made by their own customer. In addition, the Seller will be able to claim the price of the unpaid products in the hands of the sub-purchaser.

Notwithstanding the above provisions, the Buyer shall nevertheless assume, as from delivery, the risk of loss or deterioration of the products as well as liability for any damage they may cause.

Intellectual property and know-how of documents and products

All intellectual property rights belonging to the Seller, as well as its own know-how incorporated in the documents transmitted, the products delivered and the services performed shall remain the exclusive property of the Seller.

The Buyer shall refrain from claiming any right whatsoever on the Seller's intellectual property rights and from infringing them in any form whatsoever.

The Buyer undertakes to notify the Seller of any use of the Seller's intellectual property rights.

If the Buyer uses the Seller's intellectual property rights without the Seller's permission, the Buyer shall be liable for damages. Any infringement of intellectual property rights will result in a referral to the competent Court of Liège.

Any use, reproduction, covering, designation or simple use of an intellectual property right shall have to be expressly authorised in writing by the Seller.

Disputes - Jurisdiction - Applicable law

The present general terms and conditions of sale and all sales made by the Seller are subject to Belgian Law, which shall be the only applicable law, which is expressly accepted by the Buyer.

By express agreement between the parties, the Court of Liège shall have sole jurisdiction for all disputes or proceedings relating to the formation, execution or interpretation of these general terms and conditions of sale and for all sales operations of the Seller's products, whether it is a principal claim, a guarantee claim or forced intervention, an action on the merits or in summary proceedings, even in the case of several defendants.