Terms of Use / General Terms and Conditions
1. Purpose
These general terms and conditions of sale apply exclusively to the relationship between Winepay, whose registered office is located at [33 Avenue de Jette, 1081 Brussels…] and registered with the BCE under number [0847.154.448…], and the Belgian or foreign Client ordering products from Winepay for delivery in Belgium or abroad.
These terms apply to the exclusion of any other derogatory clause, including any prior written or verbal communication or negotiation, as well as any clause or general terms and conditions of the Client, even if they state that they alone are valid.
No derogation from these terms is permitted unless expressly agreed in writing by both parties, referring specifically to these general conditions.
These terms and conditions may be modified; the applicable version is the one in effect on the Winepay website at the time the Client submits their order.
Placing an order on the Winepay website implies full and unreserved acceptance of these general terms and conditions of sale.
2. Prices
Unless otherwise stated, all prices are in euros, excluding auction fees, VAT, and shipping costs.
3. Price Changes
Winepay reserves the right to modify its prices at any time and to correct any display errors. If a price changes after an item has already been ordered, you are entitled to cancel the order without incurring any additional fees.
4. Availability
All Winepay offers are made without obligation and subject to availability. We will offer alternatives when an item is no longer available, typically communicated via email.
5. International Orders
Winepay adheres to Belgian laws, regulations, and procedures. If the recipient is outside the country of shipment, they are responsible for any applicable import duties or taxes in the destination country. These payments are solely the Client's responsibility.
6. Payment
Winepay delivers products upon prior payment of the order or payment upon collection. Invoicing with deferred payment is not available, even for regular customers.
7. Delivery
Delivery times indicated on the Winepay website or order confirmation are for informational purposes only and are not binding. Winepay is not liable for any damage resulting from delivery delays. Unless otherwise specified, the buyer may not use missed deadlines to claim damages and/or cancel the sale.
Deliveries made at the Client’s request to unattended locations (sheds, garages, gardens, neighbors, acquaintances, etc.) are entirely at the Client’s own risk. The Client must always verify the number of parcels received before signing the delivery or transport slip. No claim is possible after signing.
Three (3) months after the expected delivery date, if Winepay receives no call or email from the Client reporting non-receipt, the delivery is considered completed. After this three-month period, no further claims for non-receipt will be accepted.
8. Shipping
All prices exclude shipping and transport costs. Winepay will gladly coordinate shipping and select a carrier based on the order size and urgency. A price estimate will be provided for approval.
Shipping risks are borne by the Client. The Client may opt for insurance through Winepay for 1% of the order value.
9. Retention of Title
All delivered products remain the exclusive property of Winepay until fully paid for, even if modified or incorporated, without prejudice to the Client’s obligation to insure the goods and care for them responsibly. The Client may not resell the goods under any name or brand other than those provided by Winepay.
10. Complaints
Any error in quantity or specification or any damage during transport must be reported in writing to the Seller within 48 hours of delivery, by email to info@winepay.auction or by phone at +32-(0)4-75988763. Your claim will be processed as quickly as possible.
11. Warranty
Winepay makes every effort to provide high-quality products that meet the specifications listed on the site. However, as an intermediary in the sale of aged and exclusive wines, we cannot offer any warranty, especially for bottles older than 10 years.
Regarding cork taint, which originates at bottling, we cannot hold the producer liable and therefore cannot offer a warranty for this issue.
12. Force Majeure
Winepay shall not be held liable for force majeure events or any other cause beyond its control that prevents the normal execution of these terms. Expressly considered as force majeure (in addition to those commonly recognized by Belgian courts) are: war, total or partial strike (internal or external), weather events, epidemics, earthquakes, lockout, breakage, theft, fire, storms, floods, water damage, logistical issues with carriers or third parties, transportation or supply blockages for any reason, terrorist attacks, legal or governmental restrictions, changes in marketing laws, and total or partial failures in communication or telecommunication systems that prevent Winepay from fulfilling its obligations in a timely manner.
Winepay will nevertheless make every effort to fulfill the agreement, even with delays, without being liable for compensation.
13. Cancellation
You may modify or cancel your order within 14 days of placing it, without providing any reason. This clause does not apply to perishable goods.
14. Personal Data
Winepay ensures the integrity and confidentiality of your personal data and will not share it with third parties. All personal data is reserved for internal use only. The data is strictly for private consultation and is never shared with third parties for advertising or promotional purposes.
Clients may access and correct their personal data at any time and free of charge by writing to Winepay.
15. Disputes
Only the courts of Brussels have jurisdiction over any dispute. The extent of any claim cannot exceed the value of the goods ordered and delivered.
The original version of these general terms and conditions is written in French. In case of any dispute or ambiguity, the French version shall prevail in interpretation.