Terms and Conditions Enigma Webshop

Terms and Conditions Enigma Webshop
Business information
Enigma BV

Schreverland 22, 3550 Heusden-Zolder

BTW BE 0642.753.969

RPR Antwerpen

brewer@enigmabrewery.be

Article 1: General provisions

The e-commerce website of Enigma BV, a company with its registered office at Schreverland 22, 3550 Heusden-Zolder, BELGIUM, VAT BE 0642.753.969, RPR Antwerpen provides its customers with the option to purchase products online from its webshop.

These  Terms and Conditions (“Terms”) are applicable to all orders placed by a visitor to this e-commerce website (“Customer”). When placing an order via the webshop of Enigma BV, Customer must explicitly accept these Terms, whereby Customer agrees to the applicability of these Terms with the exclusion of all other conditions. Additional Customer conditions are excluded, except when explicit accepted beforehand in writing by Enigma BV.

Enigma BV’s website should not be accessed or viewed by you if you are not of legal drinking age in your country, province, or state for the consumption of alcoholic beverages or if you are in a country, province or state where the consumption of alcoholic beverages or the content of the website are not permitted.

Article 2: Price

All prices listed are expressed in EURO, and always include VAT for deliveries within the European Union and all other required duties or taxes to be paid by Customer. Deliveries outside the European Union may result in taxes which must be paid by the Customer.

Any shipping, reservation or administration fees that are charged will be specified separately.

The specified price refers solely to the products as set out in writing. The accompanying photos are intended as decorative and may contain elements that are not included in the price.

Article 3: Availability

Despite the fact that the online catalogue and e-commerce website are assembled with the utmost care, it is still possible that information may be incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the product selection are not binding for Enigma BV. With respect to the accuracy and completeness of the provided information, Enigma BV is solely bound to obligation of means. Enigma BV is in no way liable in event of obvious material, publishing or printing errors.

If the Customer has specific questions about for instance sizes, colour, availability, delivery terms or method, we ask the Customer to contact us in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by Enigma BV. Enigma BV cannot be held liable for the non-availability of a product. If an offer is for a limited duration or subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

Purchases can only be made by persons who are of legal drinking age.

Payment will occur on one of the ways of payment stated during the order process.

The period within which the order must be paid is within 30 days after handing over or forwarding the invoice.

Unless otherwise agreed in writing, the shipment of the ordered goods will happen after payment is received. When paying, one must take notice that there can be a delay of 1 to 3 days if you choose payment by bank transfer.

Baring protest in the form of a registered letter within 7 workdays after receiving the invoice, the invoice is deemed to be accepted by the customer.

Enigma BV is entitled to refuse an order pursuant to a serious breach on the part of the Customer with respect to their orders.

Article 5: Delivery and execution of the agreement

Delivery will take place as long as the stock is available. Products will only be delivered in the countries for which the website allows the delivery.

The delivery will take place subject to what is possible within the time stated in the individual order confirmation. A possible delay will in no case be a reason for compensation. Incorrectly provided delivery addresses are the responsibility of Customer and may result in extra costs which can be claimed from Customer.

In ruling with the law on distance selling,  Enigma BV will execute the orders at least within 30 days. When this is not possible (because out of stock or non-deliverable), or there is a delay caused by different reasons, or an order can’t be executed or only partially executed, the customer will receive a message within 1 month of ordering and in that case, has the right to cancel the order without costs and guaranteed repayment.

The obligation to deliver will be met by Enigma BV, awaiting counter evidence, as soon as the delivered goods have been offered once to the customer. When delivered at home, the report of the transporter, accounting for a refusal to accept, will be evidence of the offer to deliver. You accept that a shipment may be delivered to a person different than Customer-applicant, if this person in question is present at the address stated by you.

Any visible damage to and/or qualitative deficiencies of a product or other deficiency in the delivery must be reported immediately by the Customer to Enigma BV.

The risk due to loss or damage is transferred to the Customer at the time the goods have been physically received by the Customer (or a third party indicated by the Customer that is not the carrier). However, the risk transfers to the Customer upon delivery to the carrier when the carrier received the commission to transport the goods and this option was not offered by Enigma BV.

Article 6: Retention of title

Delivered products remain the exclusive property of Enigma BV until the moment the Customer pays for the goods in full.

If necessary, the Customer undertakes to inform third parties of the retention of title belonging to Enigma BV, e.g. to anyone who would attempt to seize products that are not fully paid for.

Article 7: Right of withdrawal

The provisions of this article apply solely to Customers in their capacity as consumers purchasing products online from Enigma BV.

The Customer has the right to withdraw from this agreement within a period of 14 calendar days without giving reasons.

The right of withdrawal period will expire 14 calendar days after the date when the goods were physically received by the Customer or a third party indicated by the Customer that is not the carrier.

To exercise the right of withdrawal, the Customer must notify Enigma BV, Schreverland 22, 3550 Heusden-Zolder, BELGIUM , brewer@enigmabrewery.be in an unambiguous statement (e.g. in writing by post or e-mail) about their decision to withdraw from the agreement before the withdrawal period has expired.

In any event, the Customer has no later than 14 calendar days from the day that they notify Enigma BV of their decision to withdraw from the agreement to send back or hand over the goods to Enigma BV, Schreverland 22, 3550 Heusden-Zolder, BELGIUM.  The Customer is on time if they have sent back the goods before the period of 14 calendar days has expired.

The direct costs for returning the goods shall be borne by the Customer.

Only products that have been purchased online at www.enigmabrewery.be can be returned.  Products which are within 3 months of the expiration date will not be taken back and Customer cannot invoke the withdrawal clause for this. Returned products will only be accepted by Enigma BV on the condition that you have not opened, used or altered the products.  If the returned product is reduced in value in any way, Enigma BV is entitled to hold the Customer liable and demand compensation for each depreciation in value of the goods that are due to the Customer’s use of the goods.

Only products that are returned in the original state and in original packaging, along with all accessories, instructions and invoice or sales receipt can be returned.

If the Customer withdraws from the agreement, Customer will receive repayment once the products have been received in accordance with the above mentioned specifications in a good condition within 30 days.

Any additional costs resulting from the Customer choosing another form of delivery other than by the cheapest standard delivery offered by Enigma BV will not be refunded.

Enigma BV shall repay the Customer using the same means of payment as the Customer used in the initial transaction, unless the customer explicitly agreed otherwise.

Article 8: Guarantee

The consumer has certain legal rights under the Act of 21 September 2004 concerning protection of consumers when purchasing consumer goods. This statutory guarantee applies from the date of delivery to the first owner. These rights remain in force irrespective of any commercial guarantee.

To make a claim under the guarantee, the Customer must provide some proof of purchase. Customers are advised to retain the original packaging used for the goods.

For products purchased online and delivered to the home of the Customer, the Customer must contact the Enigma BV customer service and return the product at their own expense to Enigma BV.

Upon detection of a deficiency, the Customer must inform Enigma BV as soon as possible. In any case, any deficiency must be reported by the Customer within two months of detection. Hereafter, all rights to repair or replacement are voided.

The (commercial and/or statutory) guarantee are never applicable when there are deficiencies that arise as a result of accidents, neglect, falls, use of the product inconsistent with the purpose for which it was designed, failure to follow the operating instructions or manual, modifications or alterations to the product, rough usage, poor maintenance, or any other abnormal or incorrect use.

Deficiencies that manifest after a period of six months from date of purchase, or where applicable upon delivery, shall be deemed to not be hidden deficiencies, subject to contrary evidence provided by the Customer.

Article 9: Customer service

Enigma BV customer service can be reached at phone number +32 495 142378, via e-mail at brewer@enigmabrewery.be or by mail at the following address Enigma BV, Schreverland 22, 3550 Heusden-Zolder, BELGIUM. Any complaints can be made through the aforementioned customer services contact methods.

Article 10: Penalties for non-payment

Without prejudice to the exercise of any other rights that Enigma BV is entitled to, the Customer owes interest at a rate of 10% per year on the non-paid amount in the case of non or late payment starting ipso jure on the date of the breach of contract and without notice. Furthermore, the Customer shall owe ipso jure a flat-rate compensation and without notice 10% of the pertinent amount, with a minimum of 25 euro per invoice.

Without prejudice to the foregoing, Enigma BV is entitled to take back the unpaid or incompletely paid for products.

Article 11: Privacy

The responsible party for processing information, Enigma BV respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal information.

The personal information you share with us is used only for the following purposes: the purpose for which the data was entered, e.g. the execution of the agreement entered into, the processing of the order, sending of newsletters, and advertising and/or marketing purpose.

You have a statutory right to access and eventually correct your personal information. Subject to proof of identity (copy of identity card), you may receive a free paper record of your personal information by sending a written, dated and signed request to Enigma BV, Schreverland 22, 3550 Heusden-Zolder, BELGIUM. If necessary, you can also request the correction of information that is inaccurate, incomplete or irrelevant.

In the case when information is used for direct marketing purposes: You may preclude the use of your information for direct marketing purposes at no cost to yourself. To do so, you can always contact us in the aforementioned manner at Enigma BV, Schreverland 22, 3550 Heusden-Zolder, BELGIUM.

We treat your information as confidential and shall not communicate, rent or sell it to third parties.

The Customer is responsible for maintaining the confidentiality of their login information and the use of their password. Your password is stored in encrypted form and thus Enigma BV has no access to your password.

Enigma BV saves online (anonymous) visitor statistics in order to determine which webpages are accessed on the internet website and to what extent.

If you have any questions about this privacy statement, please contact us at brewer@enigmabrewery.be.

Article 12: Use of cookies

When you visit the website, “cookies” may be stored on the hard disk of your computer. A cookie is a text file that is placed by the server of a website via the browser on your computer or on your mobile device when you access a website. Cookies cannot be used to identify individuals. A cookie can only be used to identify a device.

We use both “First-party cookies” and “Third party cookies”.

“First-party cookies” are technical cookies used by the visited site itself and are intended to allow the website to operate in an optimal manner. Examples: settings specified by the user during previous visits to the site, or, a pre-filled form with data that the user entered during previous visits.

“Third party cookies” are cookies that do not originate from the website itself, but from other websites, e.g. an existing marketing or advertising plug-in. Examples: cookies from Facebook or Google Analytics. The visitor must first provide their consent to allow such cookies from the website – this may occur via a bar at the bottom or top of a webpage, with a reference to the associated policy that does not prevent further surfing of the website.

You can set up your internet browser so that cookies are not accepted, or that you receive a warning when a cookie will be installed, or that the cookies will be deleted later from your hard drive.  To do so, you must change the settings of your browser settings (via the help function). Keep in mind that in doing so you may prevent certain graphic elements from appearing correctly or prevent you from using certain applications.

If you use our website, you agree to the use of cookies.

Article 13: Invalidation – non-relinquishment

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Failure at any time by Enigma BV to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 14: Amendments to the Terms

These Terms may be supplemented by other terms and conditions when explicitly referred to, and by the general sales terms and conditions of Enigma BV. In case of inconsistencies, the present Terms take precedence.

Article 15: Proof

The Customer accepts that electronic communications and backups shall serve as furnishing of proof.

Article 16: Applicable law – jurisdiction

Belgian law is applicable with the exception of the stipulations of private international law with respect to applicable law and with the exception of the Vienna Convention on the International Sale of Goods. Unless the Customer is a consumer, only the courts of the Hasselt (Belgium) district have jurisdiction in the case of any disputes.