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Terms and conditions

General Terms and Conditions of Sale

Article 1 - Definitions

The following words between quotation marks have the meaning assigned to them below:

- “Site”: the www.finestshop.be website and all its pages.
- “Products”: all products (tangible) and services (intangible) that can be purchased or subscribed to on the site.
- “Publisher”: The natural or legal person responsible for the publication and content of the site, and presented in the site's legal notice.
- “User”: An Internet user visiting and using the site.
- “Customer”: A user purchasing a product or service on the site.

Article 2 - Information required by the law on confidence in the digital economy and purpose of the site

This website is published by John Martin SA. Legal information about the website hoster and publisher, including contact details and any capital and registration details, is provided in the legal notice of this website. Information on the collection and processing of personal data (policy and declaration) is provided in the site's policy on privacy and the use of personal data. This site offers online sales of beers and advertising materials linked to the brands of beers sold.

The site is freely accessible to all Internet users. The purchase of a good or service, or the creation of a member space, or more generally browsing the site, implies acceptance of all these general terms and conditions by the Internet user, who thereby acknowledges that he or she is fully aware of them. For the Internet user this acceptance may consist, for example, in ticking the box corresponding to the sentence accepting these general terms and conditions, which might read, for example, "I acknowledge that I have read and accepted all the general terms and conditions of the site". Ticking this box will be deemed to have the same value as a handwritten signature by the Internet user. Accepting these terms and conditions implies that users have the legal capacity to do so. If the user is a minor or does not have this legal capacity, he/she declares that he/she has the authorisation of a guardian, legal guardian or legal representative.

The Internet user recognises the automatic recording systems of the publisher of this site as valid proof and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute. The Publisher makes available to the Customer, on its website, a confidentiality charter specifying all the information relating to the use of the Customer's personal data collected by the Publisher and the rights the Customer has with regard to such personal data. The data confidentiality policy forms part of the GTCS. Acceptance of these GTCS therefore implies acceptance of the data confidentiality policy.

Article 3 - Characteristics of the products and services offered

The products and services offered are those shown in the catalogue published on the site. These products and services are offered while stocks last. Each product is accompanied by a description drawn up by the publisher based on the descriptions provided by the supplier. The photographs of the products in the catalogue reflect a faithful image of the products and services offered, but are not contractual insofar as they cannot ensure perfect similarity with the physical products.

This site's customer service can be contacted by e-mail at the following address: carole.joachim@fermedemontsaintjean.be or by post at the address given in the legal notice, in which case the publisher undertakes to provide a response within 7 days. John Martin also provides its users and customers with a helpline to answer any questions they may have. The helpline can be contacted by telephone on 023850103 (no extra charge).

Article 4 - Prices

Unless otherwise stated, the prices shown in the catalogue are in euros and include all taxes, taking into account the VAT applicable on the day of the order, but exclude delivery costs.

Any delivery costs are indicated to the User as the products are selected and are invoiced at the end of the order in addition to the price of the products selected.

John Martin reserves the right to pass on any change in the rate of VAT on the price of products or services. The publisher also reserves the right to change its prices at any time. Nevertheless, the price appearing in the catalogue on the day of the order will be the only price applicable to the purchaser.   We inform you that in the event of an erroneous price being displayed that is obviously ridiculously low for whatever reason (computer bug, manual error, technical error, etc.), the order will be cancelled,

Article 5 - Availability

Please note that we will honour your order while stocks last. In the event that one of the products ordered is not available in stock, we undertake to contact you by e-mail within 15 days of the date of your order in order to inform you of this and to let you know how soon this product could, if necessary, be delivered to you.

If some of the products ordered are temporarily unavailable, we undertake to send you the available products and to offer you the carriage costs for the rest of the order. We will then offer to send you an item of equivalent quality and price to replace the unavailable product. If you refuse, we will refund the said product.

Article 6 - Members' space

Users registered on the site (members) can access it by logging in using their identifiers (e-mail address defined when they registered and password) or by using systems such as third-party social networking connection buttons. Users are entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the user is therefore prohibited from passing it on or communicating it to a third party. Failing this, the site editor cannot be held responsible for unauthorised access to a user's account. The creation of a personal space is a prerequisite for any order or contribution by the member on this site. To this end, the member will be asked to provide a certain amount of personal information.

The member undertakes to provide accurate information. Data are collected for the purpose of creating a "member account". This account allows customer members to consult all their orders made on the site. If the data contained in the member account section were to disappear as a result of a technical failure or an event of force majeure, the site and its publisher cannot be held liable, as this information has no evidential value, but is for information purposes only.

Pages relating to member accounts may be freely printed by the holder of the account in question, but in no way constitute proof; they are for information purposes only and are intended to ensure efficient management of orders or contributions by the member.

The publisher reserves the exclusive right to delete the account of any member who has contravened these general terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information when registering and setting up his or her personal space) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. This exclusion does not preclude the possibility, for the publisher, of taking legal action against the member, where the facts justify this.

Article 7 - Publisher’s exoneration from liability in connection with the performance of this contract

Should access to the site be impossible due to technical problems or any other reason, the user will not be entitled to claim any damages or compensation. The unavailability of one or more products, even for a prolonged period and without any time limit, shall not constitute a prejudice for Internet users and shall in no way give rise to the awarding of damages by the site or its publisher. The photographs and visuals of the products presented on the site are not contractual and the publisher of this site cannot be held responsible if the characteristics of the objects differ from the visuals on the site or if the latter are incorrect or incomplete.

The hypertext links on this site may lead to other Internet sites and the publisher of this site cannot be held responsible if the content of these sites contravenes current legislation. Likewise, the publisher of this site may not be held liable if the Internet user's visit to one of these sites causes him or her harm.

As the products supplied contain alcohol, the user must be informed of the health risks associated with excessive alcohol consumption, as well as the influence that alcohol can have on him or her and in particular on his or her relationships with third parties. Users are reminded that driving and drinking alcohol do not mix. It is therefore recommended that they do not drive after consuming any alcohol, however small, because, apart from contravening laws and regulations, doing so can cause irreversible damage to property and people.

Alcohol consumption is also not recommended for pregnant women or women who are breast-feeding.

Article 8 - Geographical restrictions on use

Use of the site's services is restricted to Belgium (Walloon Brabant).

Article 9 - Intellectual property rights relating to items published on this site

All elements of this site are the property of the publisher or a third party authorised by the publisher, or are used by the publisher on the site with the authorisation of their owner. Any copy of the logos, textual, pictographic or video content, without this list being exhaustive, is strictly forbidden and is tantamount to counterfeiting. Any member guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the publisher of this site or its agent. This site uses elements (images, photographs, content) for which the credits go to : John Martin SA.

Article 10 - Trademarks

The trademarks and logos contained in the site are registered by John Martin, or possibly by one of its partners. Any person representing, reproducing, imbricating, broadcasting or rebroadcasting them shall be liable to the penalties provided by law.

Article 11 - Limitation of liability

The site editor may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of the site's service or other.

The site editor, particularly in the online sales process, is bound only bound by an obligation of means (best efforts). The publisher of the John Martin website cannot be held responsible for non-performance of the contract entered into due to an event of force majeure.

With regard to the products purchased, the publisher shall not be held liable for any indirect damage, operating loss, loss of profit, damage or costs that may occur as a result of these GTCS. The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to incompatibility of the equipment, may not give rise to any compensation, reimbursement or to the publisher’s being held liable, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e. if the customer is not a professional and the contract concluded to acquire the good or service allows withdrawal, in accordance with the articles of Book VI of the Code of Economic Law (cooling off period). In the event of non-delivery of an order or part of an order, the customer has 60 days from the scheduled delivery date to cancel the order automatically by sending a registered letter with acknowledgement of receipt. After this deadline, no claims will be accepted. Users expressly acknowledge that they use the site at their own risk and under their sole responsibility.

The site provides the user with information on an indicative basis, and there may well be imperfections, errors, omissions, inaccuracies and other ambiguities. In any case, John Martin cannot be held responsible:

·         for any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or loss of data, which may result from the use of the site or, on the contrary, from the impossibility of using it;

·         malfunction, unavailability of access, misuse or incorrect configuration of the user's computer, or the use by the user of a browser that is not widely used;

·         the content of advertisements and other links or external sources accessible by the user from the site.

Article 12 - Access to the site

The site publisher cannot be held liable for technical unavailability of the connection, whether this is due to force majeure, maintenance, updating or modification of the site, intervention by the hoster, an internal or external strike, a network failure, a power cut or incorrect configuration or use of the user's computer.

Article 13 - Closing an account

Each user is free to close his or her account on the site. To do this, the member must send an e-mail to the site indicating the wish to close the account. No data recovery will then be possible.

Article 14 - Applicable law and mediation

These terms and conditions are governed by Belgian law. They may be amended at any time by the site publisher or its authorised representative. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to this site.

The publisher undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.

Except in the case of public policy provisions, any disputes that may arise in connection with the performance of these general terms and conditions may, before any legal action is taken, be submitted to the site publisher with a view to amicable settlement. You are expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided by public policy, any legal action relating to the performance of this contract shall be subject to the jurisdiction of the courts of Nivelles.

. Consumer mediation

In accordance with Book XVI of the Code of Economic Law, John Martin SA offers its private customers the Consumer Mediation Service, whose contact details are as follows, for any disputes that cannot be resolved amicably: Service de Médiation pour le Consommateur - Boulevard du Roi Albert II 8, 1000 Brussels - Tel: 02 702 52 20 - Fax: 02 808 71 29 - E-mail: contact@mediationconsommateur.be- Website: http://mediationconsommateur.be Please note that mediation is not compulsory, but offered solely as a means of resolving disputes without recourse to the courts.

Article 15 - Use of cookies

A "Cookie" identifies the user of a site, customises his or her visit to the site and speeds up the display of the site by recording a data file on the user’s computer. The site may use "cookies" mainly to

1) obtain browsing statistics in order to improve the User's experience, and

2) provide access to a member's account and to content that cannot be accessed without logging in.

The User acknowledges that he/she has been informed of this practice and authorises the site publisher to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition.

Users may refuse to accept cookies or configure their browser to warn them before accepting cookies. To do this, Users must configure their browser:

·         For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies- For Safari : https://support.apple.com/fr-fr/ht1677

·         For Google Chrome : https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on-

·         For Firefox: https://support.mozilla.org/en-US/kb/block-websites-storing-cookies-site-data-firefox

·         For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html

Article 16 - How to place an order and description of the purchasing process

A "Shopping Cart" is defined below as the intangible object grouping together all the goods or services selected by the site user with a view to making a purchase, having clicked on these objects. Once the Internet user has selected and added to the basket all the items he or she wishes to purchase, the order can be validated by accessing the basket and clicking on the button provided for this purpose. The User is then redirected to a summary page with information on the number and characteristics of the products ordered, as well as their unit price and any delivery costs.

 To validate the order, the User must tick the box indicating ratification of these general terms and conditions of sale and click on the validation button. Internet users will then be redirected to a page where they will have to fill in the order form fields. In the latter case, he/she will have to provide a certain amount of personal information about him/herself, which is necessary for the order to be processed correctly. Once the form has been completed, the User will be invited to make payment using one of the payment methods listed in the section of these general terms and conditions relating to payments. After a few moments, the Internet user will receive an e-mail confirming the order, reminding them of the contents of the order and its price.

The products and articles sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.

Article 17 - Payment information

Internet users can place orders on this site and pay by debit or credit card. Credit card payments are made using secure transactions provided by an online payment platform provider.

This site does not have access to any data relating to the user's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment.

This means that no banking information concerning you will be transmitted via our site. Payment by bank card is therefore perfectly secure. Your order will be registered as soon as the bank accepts your payment. You can pay online in complete confidence by entering your bank card number, expiry date and the security code on the back of your card in the spaces provided.

Your credit card details are encrypted using SSL (Secure Socket Layer) protocol and are never sent in clear text over the network. Payment is made directly to our bank. Our company has no access to these details and does not store them on its servers. That's why you'll be asked for them again each time you make a new transaction on our site.

However, for practical reasons, you can memorise them. All this data will be stored securely on our financial partner's servers (except for the control number, which is not stored). You may delete this information at any time.   Changes to your payment method will not apply to orders already placed. In the case of payment by cheque or bank transfer, the delivery times defined in the article below only begin to run from the date of actual receipt of payment by the seller, who may provide proof of this by any means. Product availability is indicated on the site, in the description of each item.

Article 18 - Delivery or making available

Delivery costs will be indicated to the customer before payment is made and apply only to deliveries to Waterloo, La Hulpe, Ottignies, Louvain-la-Neuve, Rixensart, Lasne, Genappe, Braine-l'Alleud, Mont-Saint-Guibert, Court-Saint-Etienne, Rhode Saint Genèse and Overijse. For all other delivery locations, it is the customer's responsibility to contact Customer Services.

Unless otherwise stated on the site during the ordering process or in the description of the products ordered, the publisher undertakes to deliver the products within a maximum of 2 working days after receipt of the order.

The purchaser may refuse a parcel at the time of delivery if he/she notices any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged parcel, broken products, etc.); any anomaly must then be indicated by the purchaser on the delivery note, in the form of handwritten reservations, accompanied by the purchaser's signature. To exercise the right of refusal, the purchaser must open the damaged or defective parcel(s) in the presence of the carrier and ask the carrier to take back the damaged goods. If the purchaser fails to comply with these requirements, he or she will not be entitled to exercise the right of refusal, and John Martin will not be obliged to comply with the purchaser's request to exercise that right. If the purchaser's parcel is returned to the publisher by post, the publisher will contact the purchaser on receipt of the returned parcel to ask him/her what action to take on the order. If the purchaser has mistakenly refused the parcel, he/she may request that it be sent back by first paying the postal charges for the new shipment. Postage costs must be paid even for orders where postage was free at the time the order was placed.

In the event of a delivery error or exchange (if the right of withdrawal is applicable in accordance with Article 53 of Book VI of the Code of Economic Law), any product to be exchanged or refunded must be returned to John Martin in its entirety and in perfect condition. John Martin shall not be held liable for any defect resulting from the purchaser's clumsiness or faulty operation. In accordance with Article 53 of Book VI of the Code of Economic Law, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him or her and request an exchange or refund without penalty, with the exception of the cost of return, within fourteen days of receipt by John Martin of the request for refund. The product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. If the above obligations are not fulfilled, the purchaser will lose the right of withdrawal and the product will be returned to him or her at his or her expense. The purchaser is advised to return the parcel using a system that allows tracking. Otherwise, if the returned parcel does not reach John Martin, it will not be possible to launch an enquiry with the postal services in order to ask them to locate it. The cost of returning goods in the event of withdrawal shall be borne by the purchaser. Once the complaint has been received and accepted, John Martin will inform the purchaser by e-mail, fax or telephone of the procedures for exchanging or reimbursing the products.

In order to process the request correctly, the customer is asked to enclose a copy of the invoice with any complaint. The refund will be made by cheque or bank transfer. Any delay in delivery in excess of seven working days may result in the cancellation of the sale at the consumer's initiative, at the consumer's written request by registered letter with acknowledgement of receipt. The consumer will then be reimbursed, within a maximum of fourteen days, for the sums he or she has paid for the order. This clause is not intended to apply if the delay in delivery is due to force majeure. In such a case, the customer undertakes not to take any legal action against the site and its publisher and waives the right to rescind the sale as provided for in this article.

Article 19 - Warranty for products purchased on this site

All items purchased on this site are covered by the following legal warranties, as set out in articles 1641 et seq. of the Civil Code;

All-customer warranty

The seller is obliged to deliver goods that conform to the contract and to take responsibility for any lack of conformity that exists when the goods are delivered. The conformity warranty may be exercised if a defect existed on the day on which possession is taken of the product, and the seller is liable for any lack of conformity that becomes apparent within two years of the date on which possession is taken of the product.

If the defect appears within 6 months of this date, it is presumed to have been present when the goods were delivered. However, after this 6-month period, it will be up to the customer to prove that the defect existed when he or she took possession of the goods.

Hidden defects warranty

The customer may claim under the hidden defects warranty if the defects presented did not appear at the time of purchase, predated the purchase (and therefore were not the result of normal wear and tear of the product, for example) and were sufficiently serious (the defect must either render the product unfit for the use for which it was intended, or diminish that use to such an extent that the purchaser would not have purchased the product or would not have purchased it at such a price if he or she had known of the defect).

Complaints, requests for exchange or reimbursement for a product that does not conform must be made by post or by e-mail to the addresses indicated in the site's legal notices. The cost of returning the goods shall be borne by the purchaser.

In the event of non-conformity of a delivered product, it may be returned to the seller who will exchange it. If it is impossible to exchange the product (obsolete product, out of stock, etc.), the purchaser will be reimbursed by cheque or bank transfer for the amount of the order.

Article 20 - Archiving

John Martin will archive order forms and invoices on a reliable and durable medium constituting a true copy. The computerised records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 21 - Severability, Entire Agreement, Assignment, Language

If any provision of the General Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The general terms and conditions are not assignable, transferable or sub-licensable by the user. A printed version of the Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these general terms and conditions must be in the French language.

Article 22 - Notifications

Any notification or notice concerning these general terms and conditions, the legal notices or the personal data policy must be made in writing and must be delivered by hand, registered or certified mail, by post from a nationally recognised courier service that allows regular tracking of packages, or by e-mail to the addresses indicated in the site's legal notices, specifying full name, contact details and the subject of the notice.

Article 23 - Claims and Complaints

Any claim relating to the use of the website, the service offered on this site, or any other linked service, the pages of the site on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. In the event that such a claim has not been lodged within the following 365 days, such claim will forever be inapplicable in court.

Article 24 - Inaccuracies

It is possible that, to a limited extent, inaccuracies or errors may be found throughout the website and the services offered, or that information may not be in accordance with the general terms and conditions, the legal notice or the personal data charter. Furthermore, it is possible that unauthorised modifications may be made by third parties on the site or on related services (social networks, etc.).

In such a situation, the user may contact the site publisher by post or by e-mail at the addresses indicated in the site's legal notices, if possible with a description of the error and the location (URL), as well as sufficient information to enable the User to be contacted.