Article 1. Applicability
1.0 You can only place orders on this website if you are older than 18 years of age. No spirits shall be supplied to persons under 18 years old.
1.1 These General Terms and Conditions apply to all Qualiserv Plus BVBA offers, orders and agreements.
1.2 Accepting an offer or placing an order implies that you accept the applicability of these Conditions.
1.3 Provisions specified in these Conditions can only be waived in writing, in which case all remaining provisions remain valid without any limitation.
1.4 All rights and claims, as stipulated in these conditions and any further agreements with Qualiserv Plus BVBA, are equally stipulated for intermediaries and other third parties utilised by Qualiserv Plus BVBA.
Article 2. Offers/agreements
2.1 All Qualiserv Plus BVBA offers are free of obligation and Qualiserv Plus BVBA expressly reserves the right to change prices, in particular when necessary because of (legal) regulations.
2.2 An agreement only comes into force after Qualiserv Plus BVBA has accepted your order. Qualiserv Plus BVBA is entitled to refuse orders or to attach certain conditions to the delivery, unless explicitly stipulated otherwise. If an order is not accepted, Qualiserv Plus BVBA shall communicate this within ten (10) days from receipt of the order.
2.3 Orders placed for Sinterklaa chocolate and Easter packages cannot be suspended or cancelled.
Article 3. Prices and payments
3.1 The prices for the products offered are in Euros, and include VAT and Belgian excise duty. The goods are subject to Belgian VAT and excise duty, which will be paid in Belgium. We do not sell products for which the excise duty and VAT payments are reverse charged (or shifted).
3.2 Payments should be made online, unless otherwise agreed in writing. The goods will only be sent once payment is verified and approved by Qualiserv Plus BVBA's independent payment handling provider. Qualiserv Plus BVBA reserves the right to refuse orders without providing a reason. We use a standard payment term of 5 days after placing the order or the invoice date.
3.3 If the prices for the products and services increase in the period between the order and its execution, you are entitled to cancel the order or to terminate the agreement within ten (10) days from notice of the price increase by Qualiserv Plus BVBA.
Article 4. Delivery
4.1 Delivery times specified by Qualiserv Plus BVBA are only indicative. Late delivery does not entitle you to compensation, the right to cancel your order or to terminate the agreement, unless the delay in delivery is such that you cannot be reasonably expected to maintain the agreement. You are then entitled to cancel the order or terminate the agreement, to the extent that it may be necessary.
4.2 Delivery of goods is implemented at the place and time that the products are ready for shipment to you.
Article 5. Reservation of Ownership
5.1 The ownership of products is only transferred when all you owe under any agreement with Qualiserv Plus BVBA, has been paid in full. Risk connected with products transfers to you at the moment you receive the shipment.
Article 6. Intellectual and industrial property rights
6.1 You should respect, fully and without condition, all intellectual and industrial property rights connected to products supplied by Qualiserv Plus BVBA.
6.2 Qualiserv Plus BVBA does not warrant that the delivered products do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Complaints and liability
7.1 On delivery, you have the obligation to inspect whether the products conform to the agreement or not. If this is not the case, you should inform Qualiserv Plus BVBA, in writing/email and in sufficient detail, as soon as possible and in any event within two working days of delivery, or after such time as observation was reasonably possible.
If breakages are noticed during delivery of drinks (leaking boxes or strong odour of drink), you should not accept the order. It will then be returned to Qualiserv Plus BVBA, who will implement further investigation.
7.2 If it is demonstrated that the products do not meet the agreement, Qualiserv Plus BVBA has the option to replace the products in question or refund the invoice value.
7.3 If you for whatever reason do not wish to purchase a product that you have received, you have the right as a retail customer to return the product to Qualiserv Plus BVBA within seven days from delivery. Returns are only acceptable if the product packaging is undamaged, and return shipment costs are at your expense.
Article 8. Guarantee
8.1 When Qualiserv Plus BVBA supplies products to customers, Qualiserv Plus BVBA can never be held responsible for a more extensive guarantee in relation to the customer than that which Qualiserv Plus BVBA can claim from its suppliers.
Claims due to externally visible defects must conform to the contractual conditions, and the customer must make said claim in writing within 14 (fourteen) days of receipt of the goods. For consumers, a period of 14(fourteen) days is valid. Qualiserv Plus BVBA is not obliged to deal with complaints received after expiry of this period. The money will be recharged within 14 days after we've received the goods at our premises.
Article 9. Ordering/communication
9.1 Qualiserv Plus BVBA is not liable for misunderstandings, delays or disruption connected to transmission of orders and messages resulting from the use of the Internet or other communication methods between you and Qualiserv Plus BVBA or between Qualiserv Plus BVBA and third parties, to the extent that it concerns the relationship between you and Qualiserv Plus BVBA, unless there is a case of intent or gross negligence on the part of Qualiserv Plus BVBA.
Article 10. Force Majeure
10. 1 In cases of force majeure, Qualiserv Plus BVBA has the right to choose to suspend execution of your order or terminate the contract without judicial intervention, by informing you of this in writing and without Qualiserv Plus BVBA being liable for any compensation, unless this would be unacceptable in the circumstances according to standards of reasonableness and fairness.
10. 2 Under "Force Majeur" the understanding is any failure that cannot be attributed to Qualiserv Plus BVBA because it is not the company's fault and is not seen as its responsibility by law, legal act or generally accepted standards.
Article 11. Miscellaneous
11. 1 Qualiserv Plus BVBA is entitled to send all orders to an address that you have provided in writing, unless you inform Qualiserv Plus BVBA in writing of another address where your orders should be sent.
11.2 In cases where Qualiserv Plus BVBA tolerates deviations from these Terms and Conditions during a short or long term, this is without any prejudice to the company's right to require strict compliance with these Terms and Conditions. You may never claim any valid right on the grounds that Qualiserv Plus BVBA has applied these Terms and Conditions with flexibility.
11. 3 If one or more condition of these Terms and Conditions or any other agreement with Qualiserv Plus BVBA should be in conflict with any applicable legal provision, the condition will lapse and will be replaced by a comparable new lawful condition that shall be established by Qualiserv Plus BVBA.
11.4 Qualiserv Plus BVBA is entitled to use third parties in the execution of your order (s).
11.5 Qualiserv Plus BVBA owns all of the photo's used on this site. Their use is permitted only with the explicit written consent of Qualiserv Plus BVBA.
Article 12. Applicable law and the competent judge
12. 1 Only the Belgian law shall apply to all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, including this statement of Terms and Conditions. The reasonable period for inquiring about the status of shipments is a maximum of 2 months from the date of shipment. After this date, we cannot guarantee correct answers or information. Qualiserv Plus BVBA cannot answer complaints about these shipments after this date. As a customer you will receive a Track&Trace that you must follow yourself.
12.2 All disputes between parties will be submitted exclusively to the competent court in Mechelen.