JOHN MARTIN – TERMS AND CONDITIONS
JOHN MARTIN is a limited company with registered address at Cerf 191 in 1332 Genval and company no. BE0429 062 573 – fax : +32.655.62.05
email address: firstname.lastname@example.org.
The Customer: is any individual or legal entity which orders one of the products listed in article 3 of this document from JOHN MARTIN (“the Products”).
The Terms and Conditions: are those contained in this document.
The Site: is the one referred to in these Terms and Conditions. Its address is http://www.finestshop.be.
2.1. The purpose of this document is to set out the terms and conditions under which JOHN MARTIN sells its Products, and those it may develop in future, to its Customers. They apply to all agreements concluded between JOHN MARTIN and its Customers and to all business relations between the latter.
2.2. The Customer expressly acknowledges that these Terms and Conditions have been communicated to it (by means of a hypertext link, PDF file, or any other means) by JOHN MARTIN in its offer of sale, and the Customer accepts them, to the exclusion of all others. By entering into this agreement with JOHN MARTIN, the Customer expressly renounces using any of its own Terms and Conditions. All the terms and conditions in this document shall apply for the duration of the contractual relations and thereafter.
2.3. Deviations from these Terms and Conditions shall only be valid if they have been accepted in writing by JOHN MARTIN. Furthermore, any aspect not specifically covered in deviations from these Terms and Conditions which could apply to JOHN MARTIN shall still be governed by these Terms and Conditions.
3. JOHN MARTIN PRODUCTS
3.1. JOHN MARTIN products are shown on its web site at the address http://www.finestshop.be. JOHN MARTIN reserves the right to modify this site and the Products on offer at any time.
3.2. Products are available for sale while stocks last. For products not stored in JOHN MARTIN warehouses, offers are valid provided the products are available from the latter’s suppliers. If a product ordered is unavailable, the customer will be advised by means of its customer account on the Site and/or by emails as soon as possible.
3.3. Individuals may not order more than 90 litres of beer at the same time.
4. CONTRACT FORMATION
4.1. The order
A Customer wishing to make an order must first enter its details. This is done using the online form which the Customer must complete with the main details required to identify it, in particular, its name, first name, telephone number, postal address, email address, invoice address, delivery address. This information is presented to customers in French, English and Dutch.
Once the Customer has selected a choice of products, it will be requested to confirm its order and acceptance of the Terms and Conditions by clicking on “Validate the order” button. The order is then recorded and an order number is communicated to the Customer with an order confirmation on the screen and/or by email. The data recorded by JOHN MARTIN constitutes the proof of the nature, the contents and the date of the order. JOHN MARTIN reserves the right to refuse all orders from a Customer with whom there is an existing dispute.
4.2. Right to withdraw
The consumer has the right to notify the company that it retracts the purchase, without any penalty and without giving any reason, within 14 calendar days from the day after the delivery of the goods or the conclusion of the service contract. Should a Customer exercise this right, the article (with bottles and various cases unopened) must be returned to JOHN MARTIN within 14 days of the delivery date. JOHN MARTIN shall refund the Customer on receipt of the returned article in the required conditions. The Customer is responsible for the cost of returning the Product(s). JOHN MARTIN reserves the right to decline or not to refund returned articles if the Product package has been opened, if a bottle top(s) has been removed or if Products have been damaged by the Customer.
4.3. Place of contract formation
The contract between JOHN MARTIN and the Customer shall be deemed to have been formed at the address of JOHN MARTIN, that is to say, at the place where the order acceptance was received.
5. OWNERSHIP OF THE SITE & INTELLECTUAL PROPERTY RIGHTS
5.1. The site, and all related rights, is the property of JOHN MARTIN.
5.2. Any reproduction, in full or in part, must be authorized by JOHN MARTIN. However, no specific authorization is required for hypertext links to the site.
6. GENERAL OBLIGATION FOR JOHN MARTIN
JOHN MARTIN undertakes to make every effort to ensure the availability, continuity and quality of the services it offers. JOHN MARTIN undertakes to provide the means necessary for this and to make every effort to fulfill the customer’s order.
7. GENERAL OBLIGATIONS FOR CUSTOMER
7.1. The Customer undertakes to provide the required information to JOHN MARTIN and has sole responsibility for its accuracy. JOHN MARTIN cannot be held responsible for any information communicated by the Customer and any damage which might arise therefrom. The Customer shall reimburse JOHN MARTIN for all expenses related to damage caused, directly or indirectly, by incorrect information supplied by the Customer.
7.2. The Customer undertakes to maintain a valid email address and postal address and to inform JOHN MARTIN of any change of address or legal status.
7.3. The Customer guarantees that it has all the rights and/or authorisations necessary to make an order.
8.1. Delivery method
The delivery shall be made to the address specified by the Customer when making the order. The delivery shall be made by the company Post NL. Delivery can only take place once the order has been validated by the Customer and it has been paid in full. The banking centres which may be concerned must have given their prior consent for the payment. Should said centres decline to pay, the order will be automatically cancelled. The delivery charges are calculated on the basis of the package weight. The charges may be viewed at any time in the delivery conditions.
8.2. Delivery address
Customers shall specify when ordering an address to which the delivery can be made in working hours. In the event of absence at the time of delivery, the courier will leave a notice indicating that the package can be collected at the post office.
8.3. Delivery times
Once prepared by the logistics service, orders are delivered within a timeframe of 24 – 120 hours depending on the delivery address.
Delivery times refer to working days, excluding delivery problems and depending on product availability. JOHN MARTIN shall, under no circumstances, accept claims for compensation and/or damages and interest for late deliveries due to products being out of stock. If products are out of stock, the timeframe for restocking is around one week. Delivery times shall only commence on the date on which the package(s) is given to the courier. In the event of force majeure or similar events such as a storm, a strike, an interruption, a disturbance or difficulty with transport or supplies, an accidental stoppage of production or any economic problem or any reason which may make it impossible or extremely difficult for JOHN MARTIN to fulfil its obligations, delivery times will automatically be suspended and the delivery times extended. JOHN MARTIN shall be released from all responsibility in such events. JOHN MARTIN cannot be held responsible for any failure on the courier’s part to meet the delivery times. No compensation or refund may be requested from JOHN MARTIN in the event of failings which are the sole responsibility of the courier. Any order cancellation, for whatever reason, accepted by JOHN MARTIN only entitles the Customer to a refund of the amounts paid. No compensation may be requested with regard to this cancellation.
9. PRICES OF JOHN MARTIN PRODUCTS
9.1. Unless specified otherwise, all JOHN MARTIN prices shown are in euros and include all taxes, packaging, deposits and excise duties on alcohol. The price shown on the product sheets does not include the delivery charges which are calculated on the basis of the weight of the order.
9.2. The price shown in the order confirmation is the final price including tax. This price includes the price of the products, the charges for handling, packaging and storing products, and the delivery charges.
9.3. JOHN MARTIN reserves the right to modify its prices at any time without prior notice. Products will be invoiced on the basis of the prices valid at the time each order is validated by payment.
9.4. JOHN MARTIN can, under no circumstances, be held responsible for any software bug which may change the price of one or more articles and/or the order without its knowledge. JOHN MARTIN reserves the right to cancel an order if the amount does not tally with the prices normally set for the products and/or the delivery charges.
10. INVOICING AND PAYMENT CONDITIONS
10.1. JOHN MARTIN invoices, including down payments, are payable on order and without discount to its registered address.
10.2. Card payments are made on the server of the JOHN MARTIN bank in a secure environment. Information is encrypted using SSL technology to ensure the security of data and transactions.
10.3. Should an invoice remain unpaid on its due date, the total amount of all other outstanding invoices shall become due for payment immediately.
10.4. Any invoice unpaid on the due date shall automatically produce, without prior notice, 1% interest per month for late payment for every overdue month started.
10.5. Any invoice unpaid on the due date shall also be automatically increased, without further notice, by 15% of the amount remaining to be paid to cover administrative and collection charges with a minimum charge of two hundred and fifty (100) EUR per invoice.
10.6. These provisions do not affect the right to claim the payment of higher compensation for the damage actually suffered.
11. COMPLAINTS AND RETURNS
11.1. By signing the delivery slip, the Customer accepts the Products as received and no complaint for damage in transport shall be accepted at a later date. It is the Customer’s responsibility to make all the necessary checks and to note any problems when the package arrives. The carriage of goods is always at the recipient’s risk.
11.2. The Customer has up to 48 hours from receipt of the package to notify JOHN MARTIN of any problems related to missing or deteriorated products. In the event of a breakage, the Customer must send JOHN MARTIN photos, either by email to the following address: email@example.com, or by post to the address shown in article 1 of these Terms and Conditions, within 48 hours of receipt of the goods. If a product is missing, the Customer must send JOHN MARTIN the declaration form available on the JOHN MARTIN web site. The Customer must check that packages are received in good condition when delivered and must give the details of any damage or missing product on the delivery slip.
11.3. The return of goods must first be agreed by JOHN MARTIN. Goods returned without agreement shall be kept for the Customer at its cost and risk, with all delivery, storage and handling charges at the Customer’s expense. In all cases, the Customer is responsible for the costs and risks in involved in returning goods.
12. LOSS OR THEFT OF A PACKAGE
JOHN MARTIN must be notified immediately if a package is lost or stolen as a result of a problem with the courier. To report the loss or theft of the package, it is essential for the Customer to send a declaration of nonreceipt of the package by email. JOHN MARTIN will then investigate the matter with the courier. JOHN MARTIN shall make available to the Customer all the information on the investigation. The minimum timeframe for clarifying the loss or theft of a package is 3 weeks. Once the result of the investigation with the courier is known, JOHN MARTIN will make a second delivery if the package has actually been lost, or will issue a credit note or refund by cheque, subject to compensation from the courier.
13.1. Data of a confidential nature on JOHN MARTIN Customers (information supplied by the Customer, email address, IP address) is recorded in JOHN MARTIN data banks and used: to manage relations with customers (for example, to issue, recover and check invoices, in exchanges of mail in the context of contractual relations or in the event of a dispute), to make market studies, to execute the contract and for operations informing customers or promoting
JOHN MARTIN products and services.
13.2. Customers who do not wish to receive marketing information from JOHN MARTIN may write to JOHN MARTIN at any time at the postal address shown in article 1 or the email address firstname.lastname@example.org and request to be placed on the list for this purpose free of charge.
13.3. Customers who supply proof of their identity may send a written, dated and signed request to JOHN MARTIN to obtain a copy, free of charge, of the confidential information related to them, if need be, corrections to any data which is inaccurate, incomplete or irrelevant.
14. SUSPENSION AND CANCELLATION
14.1. In the event of non-payment of an invoice within the timeframes specified in article 10, JOHN MARTIN expressly reserves the right to suspend or cancel deliveries or to cancel the
agreement with the Customer.
14.2. Also, should a Customer fail to fulfil any obligation whatsoever, JOHN MARTIN reserves the right to suspend its own obligations, without this suspension entitling the Customer to any compensation whatsoever. The Customer shall be notified of the action taken by JOHN MARTIN by mail or email.
14.3. Without prejudicing any claim to damages and interests, any valid agreement formed between JOHN MARTIN and the Customer may be cancelled automatically in the event of insolvency (stoppage of payments, weakening of credit, major financial difficulties ...) or a bankruptcy procedure or any similar or comparable procedure by one of the parties, the interruption by one of the parties of its commercial activity; the contract may be cancelled
with immediate effect without prior notice by simple notification sent by the other party.
15. APPLICABLE LAW AND COMPETENT JURISDICTION
15.1. Contractual relations between JOHN MARTIN and the Customer are governed by Belgian law.
15.2. Without prejudicing JOHN MARTIN’s right to take action in the court of the Customer’s residence or registered address, the court of the judicial district of Nivelles shall have sole jurisdiction, even for proceedings involving third parties or several defendants.
16. MISCELLANEOUS CLAUSES
16.1. If any of the above clauses becomes null and void, obsolete or cannot be implemented, in full or in part, this shall not cause the entire Terms and Conditions to be null and void. The clause which is null and void, obsolete or cannot be implemented, in full or in part, shall be deemed not to have been written. The parties undertake to replace this clause with another one which will serve the same purpose as far as possible.
16.2. If products supplied by JOHN MARTIN have been delivered to several Customers or intermediaries, these shall have joint and indivisible responsibility towards JOHN MARTIN.
16.3 It is forbidden to sell alcoholic beverage to minors younger then 16. Strong alcoholic beverage is forbidden to sell to minors younger then 18.