Terms and Conditions

1. LANGUAGE, LANGUE

Dutch: These Terms and Conditions are available in Dutch upon simple request. The Dutch language version of these Terms and Conditions is the only authentic one.

2. DEFINITIONS

2.1 “Malternative Belgium”: the limited liability company “Malternative Belgium”, with registered office at B-3500 Hasselt, Kiezelstraat 76A, registered under the number 0756.781.231 and known to the VAT administration under the number BE 0756.781.231

2.2 “General Terms and Conditions” means these General Terms and Conditions of Sale and Delivery.

2.3 “Buyer” or “Customer” means any natural or legal person who purchases one or more product(s) or services through this Website, places an order for them or requests a quote.

2.4 “Consumer” means any Buyer who, exclusively for non-professional purposes, purchases one or more product(s) or services through the Website, places an order for them or requests a quote.

2.5 “Website”: www.malternative-belgium.com

3. APPLICABILITY

3.1 The legal relationship between the Buyer and Malternative Belgium and everything related to it is exclusively subject to the following standards: (in hierarchically descending order, the following in the absence or silence of the previous one) (1) the written and signed special agreement; (2) the electronic Order Confirmation; (3) these General Terms and Conditions; (4) articles 4-39 and 41-88 of the Vienna Sales Convention; (5) Belgian law. Malternative Belgium rejects all other standards and conditions, with the sole exception of those that Malternative Belgium has expressly agreed in writing with the Buyer. These deviations expressly accepted in writing are valid only for the contract to which they relate and cannot be invoked in any other contracts, even similar ones. The Buyer accepts that these General Terms and Conditions shall be the only ones applicable, to the exclusion of its own general or specific (purchase) terms and conditions, even if they would stipulate that they are the only ones applicable.

By using the Website, filling the digital basket on the Website of Malternative Belgium, placing an order and/or concluding any agreement via the Website, the Buyer declares to have taken cognizance of and to agree with these General Terms and Conditions and all other rights and obligations as stated on the Website. In such cases, the Buyer is therefore bound by these General Terms and Conditions and the aforementioned rights and obligations.

3.2 These General Conditions are without prejudice to the legal rights imperatively granted to the Buyer under applicable national consumer protection laws, including the legal guarantee of conformity of the goods.

3.3 The possible nullity of one of the provisions of these General Terms and Conditions or part of a provision does not affect the applicability of the remaining provisions and/or the rest of the provision. In case of nullity of one of the provisions, Malternative Belgium and the Buyer shall, to the extent possible and according to their loyalty and conviction, negotiate to replace the void provision with an equivalent provision that corresponds to the general spirit of these General Terms and Conditions.

3.4 If Malternative Belgium should fail to enforce or apply one or more of the rights enumerated in these General Terms and Conditions, possibly or even repeatedly, this can only be considered as tolerating a certain situation and does not lead to legal processing. Such omission can never be considered a waiver of that provision(s) and will never affect the validity of those rights.

3.5 Malternative Belgium always has the right to modify these General Terms and Conditions. It is the Buyer’s responsibility to regularly review these Terms and Conditions.

4. OFFER, ORDER – ESTABLISHMENT OF ONLINE PURCHASE

4.1 Any offer on the Website, in catalogs, newsletters, notes, leaflets and other publicity announcements is for information purposes only. Malternative Belgium may modify or withdraw offers on the Website at any time. In any case, offers are valid only while supplies last. Obvious mistakes and/or obvious errors in the offer do not bind Malternative Belgium. Despite the fact that the catalogs, Website and other publicity announcements are compiled with the utmost care, it is still possible that the information offered is incomplete, contains material errors or is not up-to-date. Malternative Belgium is only bound by an obligation of means for the accuracy, updating or completeness of the information offered. Malternative Belgium is in no way liable for material errors, typesetting or printing errors.

4.2 Quotes from Malternative Belgium are entirely without obligation and should only be considered as an invitation to purchase or to place an order by the Buyer, unless expressly stated otherwise. An offer is valid only for the specific order to which it relates and therefore does not automatically apply to subsequent similar orders.

4.3 The agreement between Malternative Belgium and the Buyer is only established after the Buyer has placed an order on the Website and Malternative Belgium confirms this order by e-mail (hereinafter referred to as the “Order Confirmation”).

In the Order Confirmation, the Buyer receives a summary of the order and a summary of these Terms and Conditions.

Malternative Belgium always reserves the right – without giving reasons – to refuse orders.

4.4 Cancellation of an order, before it has been shipped, is always possible and free of charge. Cancellation of an order after it has been shipped must be done in accordance with the procedure for revocation, as provided in Article 5 of these General Terms and Conditions.

If the Buyer wishes to cancel order, he must contact customer service immediately: by phone: +32 498 80 79 91 or by email pieterknapen@hotmail.com.

4.5 The Buyer may exchange the purchased products for other products or a credit note during a period of 365 calendar days from the date of receipt, with or without payment of a surplus taking into account the price of the products against which the already purchased products are exchanged. If the Buyer wishes to exchange the products purchased by him, he must notify Malternative Belgium (3500 Hasselt (Belgium), Kiezelstraat 76a, pieterknapen@hotmail.com) by mail or e-mail. If Malternative Belgium can agree to the exchange, Malternative Belgium will contact the Buyer in order to practically arrange the exchange and this at Malternative Belgium’s expense. Malternative Belgium will also inform the Buyer of any refusal of an exchange request. The products purchased by the buyer can be exchanged only if they have not been used and are in the same condition as at the time of delivery. Products must also be returned/returned in their original packaging, including all accessories supplied with the product.

5. RIGHT OF WITHDRAWAL

5.1 The Consumer has a right of withdrawal regarding the products purchased through the webshop. Pursuant to Book VI Market Practices & Consumer Protection of the Economic Law Code, the Consumer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons. The withdrawal period expires 14 calendar days after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, takes physical possession of the product.

5.2 To exercise the right of withdrawal, the Consumer must inform Malternative Belgium (3500 Hasselt (Belgium), Kiezelstraat 76a, pieterknapen@hotmail.com) of its decision to withdraw from the contract by an unequivocal statement by post or by e-mail. The Consumer can also use the model withdrawal form (downloadable at the bottom of this page) for this purpose, but is not obliged to do so. To comply with the withdrawal period, it is sufficient for the Consumer to send his communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

5.3 If the Consumer revokes the agreement, the Consumer shall receive back from Malternative Belgium all payments made by the Consumer at that time, including delivery costs (with the exception of any additional costs resulting from the Consumer’s choice of a mode of delivery other than the cheapest standard delivery offered by Malternative Belgium) without delay and in any event no later than 14 calendar days after Malternative Belgium is informed of the Consumer’s decision to revoke the agreement, taking into account the provisions of clause 13.2 of these General Terms and Conditions. Malternative Belgium will then refund the Consumer using the same means of payment with which the Consumer made the original transaction, unless the Consumer has expressly agreed otherwise. In any case, the Consumer will not be charged for such refunds. Malternative Belgium may wait to refund until Malternative Belgium has received the products back or the Consumer has demonstrated that he has returned the products, whichever comes first. The reimbursement of delivery costs by Malternative Belgium is always pro rata. (For example: Consumer purchases 2 products and returns 1 upon revocation. In this case, Malternative Belgium should refund only 50% of the delivery costs). However, if Malternative Belgium uses a flat-rate delivery charge, Malternative Belgium will not be required, in the event of a partial revocation, to refund any delivery charge.

5.4 The Consumer must return or hand over the products to Malternative Belgium without delay, but in any case no later than 14 calendar days from the day on which he communicates the decision to withdraw from the contract to Malternative Belgium. The Consumer is on time if he returns the products before the period of 14 calendar days has expired. The direct cost of returning the products shall be borne by the Consumer, unless otherwise agreed. The returned product must not have been used and must be in the same condition as at the time of delivery. Moreover, the product must be returned in the original packaging in which it was shipped, whether or not opened and including all accessories supplied with the product, so that Malternative Belgium can still resell the product to a third party even after revocation. The Consumer shall only be liable for the depreciation of the products resulting from the use of the products beyond what is necessary to establish the nature, characteristics and functioning of the products.

5.5 The right of withdrawal does not apply to, among other things:

  • products manufactured to the Consumer’s specifications or clearly intended for a specific person;
  • products that may spoil or age quickly or have a limited shelf life (such as yeasts, enzymes, etc.);
  • sealed products which – for reasons of health protection or hygiene – are not suitable to be returned when the packaging has been opened (e.g. additives, etc.);
  • alcoholic beverages whose price was agreed upon at the conclusion of the contract, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market, over which Malternative Belgium has no influence

5.6 Under no circumstances does a professional Buyer have the right of withdrawal.

6. PRICE AND COSTS

6.1 The price quoted relates only to the products as they are described verbatim. Materials, accessories, accessories not mentioned in the information about a particular product are not included. The accompanying photo is for decorative purposes and may contain elements not included in the quoted price.

6.2 All prices are expressed in Euro and include VAT, any import/export duties and reservation and/or administration fees, but exclude any delivery or shipping costs.

Shipping costs are not included. They depend on the shipping method chosen, the weight of the products, the delivery address, etc. During the online – ordering process, step 1 will indicate exactly how much shipping cost will be charged.

The selected shipping method and final shipping costs are also indicated on the Order Confirmation received by the Buyer at the conclusion of the contract.

Additional costs associated with the Buyer’s choice of payment option may be charged by Malternative Belgium.

6.3 Malternative Belgium reserves the right to change the prices listed on the Website at any time. Nevertheless, products will be invoiced based on the rates in effect at the time the order was accepted. Obvious errors, manipulations or mistakes (such as obvious inaccuracies) can be rectified by Malternative Belgium even after the conclusion of the agreement.

6.4 Currency fluctuations, increases in material prices and raw materials, wages, salaries, social security contributions, government-imposed costs, (environmental) levies and taxes, transportation costs, import and export duties or insurance premiums (purely exemplary enumeration), which occur between the placement of the order and the delivery of the products may give rise to an increase in the price. However, if the price is increased, the Buyer has the right, within 48 hours, to rescind the contract without cost. This dissolution cannot give rise to the payment of any damages by Malternative Belgium.

7. DELIVERY OF PURCHASED PRODUCTS

7.1 Unless otherwise agreed, deliveries shall be made by default in accordance with the Incoterm® “Delivered At Place” (DAP) (Incoterms ® 2010) at the delivery address provided by the Buyer, or at the registered office of Malternative Belgium, at the Buyer’s option. Consequently, the transfer of risk for damage, destruction and disappearance related to the products passes at the time of effective delivery. At this time, Malternative Belgium is also released from its delivery obligation.

7.2 Any delivery not expressly provided for in the Buyer’s order and/or Order Confirmation on the part of Malternative Belgium shall be deemed to be an additional delivery at the request of the Buyer and shall be charged as such.

7.3 Except with regard to contracts with a Consumer, Malternative Belgium always reserves the right to split deliveries or attach other conditions to delivery.

7.4 Except in case of cash on delivery and payment by bank transfer after receipt of the invoice, or payment on delivery/pick-up, an order will only be shipped after Malternative Belgium has received payment. Malternative Belgium always strives to deliver orders the 3 calendar days. If no fixed delivery day has been determined for the region in which the delivery address provided by the Buyer is located, Malternative Belgium aims to deliver orders placed before 3 p.m. on the next working day (Benelux) or the working day thereafter (France), provided the products ordered are in stock. Orders placed before 3 p.m. can be picked up by the Buyer the same day, provided it is an opening day of Malternative Belgium; orders placed after 3 p.m. can be picked up from the following day, provided it is an opening day of Malternative Belgium. Pickup within the aforementioned time period is also subject to the condition that the products ordered are in stock. The Buyer must indicate during the online ordering process which method of delivery he opts for.

7.5 However, delivery dates, including those on the offers, orders and Order Confirmations, are always indicative and are not an essential component of Malternative Belgium’s obligations to the Buyer. Exceeding the communicated term of delivery can never give rise to the payment of any compensation nor to the dissolution of the sale between Malternative Belgium and the Buyer, on the understanding that Malternative Belgium undertakes to deliver – except for pre-sales – in any case within 30 days of payment. In any case, Malternative Belgium can never be held liable for delays caused by the Buyer or third parties.

Changes to the order will automatically result in the lapse of the predetermined probable delivery dates.

7.6 In the absence of the Buyer at the delivery address indicated by him, a message will be left by the transport service with a view to contact between Malternative Belgium and the Buyer. After contacting the Buyer, a second attempt will be made to deliver the products. In the absence of any reaction from the Buyer within a period of five (5) working days after the first attempt at delivery or in the absence of the Buyer at the second attempt at delivery, the products will be returned to the registered office of Malternative Belgium. The cost of the return shipment, as well as any associated costs (such as, but not limited to taxes, VAT, storage costs, etc.) shall be borne by the Buyer. In such case, the agreement between Malternative Belgium and the Buyer shall be deemed to be dissolved. The price already paid by the Buyer, if any, shall be refunded by Malternative Belgium, less the aforementioned costs of return and any related expenses.

8. BILLING AND PAYMENT

8.1 (i) In principle, first orders must always be paid in advance by the Buyer.

The Buyer, when placing the order, has the choice between different payment options:

  • Credit card (VISA/MASTERCARD)
  • Maestro
  • Bancontact/Mister Cash
  • Payment on collection
  • Prepayment by bank transfer.

(ii) At Malternative Belgium’s discretion, as of a second order, the aforementioned list of payment options may be supplemented by:

  • payment by wire transfer after receipt of invoice.

If this method of payment is opted for, Articles 8.2 to 8.8 below shall apply.

(iii) Notwithstanding the foregoing, the Buyer may always opt to pay for the order upon collection of the purchased products at the registered office of Malternative Belgium. In such case, the Buyer has the choice between the following payment options:

  • Cash


8.2
All invoices are payable in cash at the registered office of Malternative Belgium.

8.3 Complaints regarding invoices must, under penalty of inadmissibility, be reported to Malternative Belgium within a period of 3 working days from the invoice date. These complaints do not release the Buyer from its payment obligation.

8.4 In case of non-payment, or incomplete payment on the due date of any of the invoices:

Any invoice addressed to the client-company, the amount of which is not settled or not settled in full on the due date, shall be increased ipso jure by a lump-sum and irreducible compensation equal to 10% of the amount due, with a minimum of 75.00 EUR, without the need for a notice of default, without prejudice to court and execution costs. In addition, a default interest shall be due by operation of law in accordance with the legal interest rate under the Law of August 2, 2002 on combating late payment in commercial transactions, without the need for prior notice of default, without prejudice to court and implementation costs. Each month begun is hereby considered a full month. Partial payments will first be used to cover expenses, interest and damages and then deducted from principal balances.

Any invoice addressed to the client-consumer, the amount of which has not been settled or not settled in full after the expiry of a period of at least 14 calendar days starting on the third working day after Malternative Belgium has sent a free reminder by mail or on the day following after Malternative Belgium has sent a free reminder by electronic means, shall be increased by a lump-sum compensation in accordance with art. XIV.4 WER. In addition, interest on arrears is due at that time in accordance with the legal interest rate under the Law of August 2, 2002 on combating late payment in commercial transactions, without prejudice to court and implementation costs. Each month begun is hereby considered a full month. Partial payments will first be used to cover expenses, interest and damages and then deducted from principal balances.

In case of non-compliance with the agreed terms of payment, all outstanding invoices and/or debts shall become immediately due and payable and Malternative Belgium shall be entitled, without any notice of default or judicial intervention, to suspend further deliveries and/or performances or to consider the agreement as dissolved without prejudice to its claim to compensation.

The parties reserve the right to terminate the agreement by operation of law and without prior notice of default if there are objective reasons showing that the solvency and/or liquidity position of one of the parties has been compromised. (e.g. due to bankruptcy, WCO, manifest insolvency, arrears with parties or third parties, obtaining a collective debt settlement by one of the parties) If, after the confirmation of the order and before or during the execution or delivery, the parties learn circumstances that make the agreements no longer seem sufficiently assured, the parties shall have the right to terminate the agreement without any right to compensation, in addition, Malternative Belgium shall have the right to demand advance payment or deposit.

8.5 Acceptance of partial payment is subject to all reservations and will be charged in the following order: (1) collection costs, (2) damages; (3) interest; (4) principal sums.

8.6 The entry of the outgoing invoice in Malternative Belgium’s outgoing invoice book shall constitute a presumption of dispatch and receipt of the invoice in question.

8.7 By ordering a product, the Buyer expressly agrees to the use of electronic invoicing by Malternative Belgium, subject to written deviation between the parties.

8.8 The filing of a complaint does not release the Buyer from its payment obligation.

9. RETENTION OF TITLE

9.1 The products delivered remain the exclusive property of Malternative Belgium until full payment of the principal sum, interest and costs by the Buyer. Until then, the Buyer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Buyer nevertheless resells the purchased products before having fully and correctly paid the aforementioned amounts, the aforementioned right shall pass to the resulting sales price. However, risk due to loss or damage shall pass to the Buyer as of delivery. The Buyer undertakes, if necessary, to point out Malternative Belgium’s retention of title to third parties (e.g. to anyone who would seize items not yet paid for in full).

9.2 In case of non or incomplete payment on the due date of one of the invoices, Malternative Belgium shall have the right, ipso jure and without prior notice of default, to reclaim the products already delivered from the Buyer. When Malternative Belgium receives the products back and they are still in good condition (this includes evaluating the correct cooling and storage of these products), the amounts already paid will be refunded to the Buyer less: (1) the loss of profit, estimated at a flat rate of 15% of the total invoice amount; and (2) a flat rate compensation of 5% on the total invoice amount, for the (additional) management and administration costs. All this applies without prejudice to Malternative Belgium’s right to prove higher damages.

10. ACCEPTANCE, WARRANTY AND COMPLAINTS

10.1 Under the law of September 21, 2004 on consumer protection in the sale of consumer goods, consumers have a legal guarantee of 2 years. This legal warranty applies from the date of purchase by (if applicable from delivery to) the first owner.

10.2 The Buyer must perform an initial verification immediately upon taking delivery of the purchased products. This immediate verification obligation includes (purely exemplary listing): quantity, conformity of delivery, visible defects, correct location(s), etc. The Buyer must communicate directly verifiable discrepancies, under penalty of cancellation, to Malternative Belgium in writing (by mail or via pieterknapen@hotmail.com) within 48 hours of delivery, referring to the correct number of the delivery note and/or Order Confirmation.

10.3 Putting into use, processing, repackaging, and/or reselling the products delivered by Malternative Belgium shall be considered as product approval and acceptance, shall constitute final delivery of the relevant products, and shall release Malternative Belgium from its responsibilities and liability in accordance with Article 11 of the General Terms and Conditions.

10.4 Complaints relating to hidden defects in the products delivered must, under penalty of inadmissibility, be reported in writing (by post or e-mail) to Malternative Belgium within a period of 48 hours after discovery of the defect, referring to the correct number of the delivery note and/or the Order Confirmation. Such complaints can be reported to Malternative Belgium within the legal warranty period, on the understanding that Malternative Belgium will not be responsible for any loss of quality that would occur due to causes inherent in the nature of the product (due to, among other things, but not limited to normal aging). Malternative Belgium undertakes to accept complaints, correctly reported, within a period of 365 calendar days after delivery. However, complaints regarding any cork taste will always be accepted by Malternative Belgium. Under no circumstances will Malternative Belgium be responsible for loss of quality and damages due to handling or misuse of the products by the Buyer.

10.5 For complaints reported to Malternative Belgium in a timely and correct manner, Malternative Belgium will, at its sole option and discretion: (1) replace the defective products, insofar as the same products are still in stock. If the defective product is no longer in stock, Malternative Belgium may choose to provide the Buyer with an equivalent of the defective product (e.g., a wine of a more recent vintage); or (2) take back the defective product, with credit to the Buyer.

The Customer acknowledges that these measures individually constitute full and adequate compensation for any possible damage resulting from any defects and accepts that the implementation of these measures cannot be considered as an acceptance of liability by Malternative Belgium.

10.6 Under no circumstances may the Buyer return products to Malternative Belgium pursuant to this Article 10 without the latter’s prior written consent. Malternative Belgium reserves the right to go on site with the Buyer to determine the defects and verify their cause. If necessary, Malternative Belgium will contact the Buyer in order to practically arrange the return of products accepted by Malternative Belgium, with Malternative Belgium bearing the costs.

10.7 The possible replacement of products cannot give rise to the payment of any compensation or to the dissolution of the agreement between Malternative Belgium and the Buyer.

10.8 Under no circumstances shall complaints and/or any (partial) replacement of products relieve the Customer of its payment obligation within the period(s) set forth in the written agreement between Malternative Belgium and the Buyer, the Order Confirmation issued by Malternative Belgium, these General Terms and Conditions, and/or the respective invoice.

10.9 The Customer is obliged to reimburse expenses incurred as a result of unjustified complaints.

10.10 When the Consumer has a dispute with Malternative Belgium and the latter has already consulted on the matter, the Consumer has the option to seek counsel or file a complaint with BeCommerce, as provided in Article 19.

11. LIABILITY

11.1 With the exception of the indemnification by Malternative Belgium according to the warranty provision inarticle10 of these General Conditions, Malternative Belgium’s liability to the Buyer shall be limited to the liability mandatorily imposed by law and shall in any case be limited to the lesser of the following two amounts: (1) the respective invoice amount (excluding VAT); (2) the amount received by Malternative Belgium from its insurer in the context of the respective liability case pursuant to the civil liability policy entered into by Malternative Belgium.

11.2 Under no circumstances shall Malternative Belgium be liable for: (1) indirect damage (including, but without being limited to loss of sales, damage to third parties), (2) defects caused directly or indirectly by the act of the Buyer or of a third party, whether caused by fault or negligence, (3) damage resulting from the wrong or inappropriate use of the purchased products, nor for an unintended and/or unwanted interaction resulting from a simultaneous use of the product with other products, (4) damage resulting from the non-compliance by the Buyer, its staff or employees and/or the end user with legal and/or other obligations.

11.3 The Buyer acknowledges that Malternative Belgium makes no warranty that the products comply with the regulations or requirements in force in any jurisdiction other than the regulations or requirements in force in Belgium, as in effect at the time of delivery of the product to the Buyer by Malternative Belgium, therefore Malternative Belgium cannot be held responsible for subsequent changes in law of any kind.

11.4 The Buyer is solely responsible regarding the resale of the purchased products, and guarantees to comply with all obligations (legal and otherwise) in this respect.

12. FREEDOM

12.1 The Buyer shall fully indemnify and defend Malternative Belgium against all claims and proceedings, including the claims and proceedings of third parties, which may arise from, or result from, any act or omission of the Buyer, in violation of the written agreement between Malternative Belgium and the Buyer, the Order Confirmation emanating from Malternative Belgium, these General Terms and Conditions, and/or other (legal) obligations of the Buyer.

12.2 The Buyer shall indemnify Malternative Belgium for all damages, including court and other costs, arising as a result of its defense regarding the claims and/or proceedings mentioned under Article12.1 of these General Terms and Conditions.

13. PROMOTIONS

13.1 Promotional encores by Malternative Belgium, in any form whatsoever (such as, but not limited to price reductions, discount coupons, free shipping, etc.) must always be used according to the guidelines, as expressly stated in this regard. In any case, these can only relate to one (1) order, cannot be cumulative and shall bear a personal character.


13.2
If the Consumer exercises the right of withdrawal for products that have been the subject of a promotion – action, Malternative Belgium reserves the right to recalculate the price of the products that have not been the subject of the withdrawal. For example: promotional offer that when purchasing product A, product B can be obtained at half price. The Buyer revokes product A. Then the promotional conditions are no longer met and full price will have to be paid for product B. Malternative Belgium will in that case refund the funds, in accordance with Article 5 of these General Terms and Conditions, minus the additional portion still to be paid for Product B.

14. FORCE MAJEURE AND HARDSHIP

14.1 Malternative Belgium shall not be liable for any failure to perform its obligations caused by force majeure or hardship.

14.2 In the event of force majeure or hardship, Malternative Belgium may, at its sole option and discretion, without prior notice of default or judicial future, and without any right of recourse against. Malternative Belgium: (1) propose to the Buyer to replace the missing products with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) extrajudicially terminate the agreement between Malternative Belgium and the Buyer; and/or (4) invite the Buyer to renegotiate the agreement between Malternative Belgium and the Buyer.

If the Customer does not participate in good faith in these renegotiations, Malternative Belgium may, in accordance with Article 19 of these General Terms and Conditions, request the court to determine new contract terms and/or order the Buyer to pay damages.

14.3 Force majeure and hardship, shall include (purely exemplary enumeration): unavailability and/or scarcity of certain materials; scarcity of raw materials; currency fluctuations, increases in material prices, prices of auxiliary materials and raw materials, wages, salaries, social security contributions, government-imposed costs, levies and taxes, transportation costs, import and export duties or insurance premiums; ice; special weather conditions; strike; mobilization; war; illness; accidents; communication and computer failures; government measures; export prohibition; delay in supply; transportation and/or movement impediments; including lack or withdrawal of transportation facilities; export impediments; import impediments; breakdown; traffic jam; etc.

15. NETTING

15.1 In accordance with the Law on Financial Collateral dated December 15, 2004, Malternative Belgium and the Buyer shall automatically and ipso jure offset and set off all currently existing and future claims against each other. This means that in the permanent relationship between Malternative Belgium and the Buyer, only the largest claim remains on balance after the aforementioned automatic set-off.

15.2 This set-off will in any case be opposable to the receiver and the other concurrent creditors, who will therefore not be able to oppose the set-off implemented by the Buyer and Malternative Belgium.

16. SUSPENSION AND DISSOLUTION

16.1 In the event of any change in the Customer’s situation, such as death, conversion, merger, acquisition, transfer, liquidation, cessation of payment, collective or amicable agreement, request for deferral of payment, cessation of activity, seizure or any other circumstance that could damage confidence in the Buyer’s creditworthiness, Malternative Belgium reserves the right, due to that mere fact: either suspend the performance of one or more agreements with the Buyer until such time as the Buyer provides adequate securities for its payment; or declare one or more agreements with the Buyer terminated as of the date of dispatch of the termination, without prior notice of default and without judicial intervention, without prejudice to Malternative Belgium’s right to claim additional damages.

16.2 If the agreement between Malternative Belgium and the Buyer is terminated, whether or not under the application of the in article 16.1 of these General Terms and Conditions, the Buyer loses the right to require Malternative Belgium to fulfill its obligations regarding the terminated agreement.

17. INTELLECTUAL PROPERTY

Malternative Belgium remains the exclusive holder of all intellectual property rights it holds on products supplied to it. Malternative Belgium guarantees to have the necessary licenses to offer its range of products.

18. PERSONAL DATA AND IMAGERY

18.1 The Buyer authorizes Malternative Belgium to include the personal data provided by the Buyer in an automated database. These data will be used for the purpose of conducting information or promotional campaigns related to the products offered by Malternative Belgium. The Buyer authorizes Malternative Belgium to transfer these data to third parties for the purpose of processing the order.

18.2 The Buyer may request communication and correction of its data at any time. If the Buyer no longer wishes to receive commercial information from Malternative Belgium, the Buyer must notify Malternative Belgium:

  • by mail: Malternative Belgium, Kiezelstraat 76a 3500 Hasselt
  • by email: pieterknapen@hotmail.com

18.3 The Customer authorizes Malternative Belgium to use visual material of the products delivered to the Customer for: (purely exemplary enumeration) general information, publicity purposes, publication on the Website, publication in folder(s), etc.

19. DISCLOSURES

19.1 Agreements between Malternative Belgium and the Buyer are governed exclusively by Belgian law, insofar as international private law permits.

19.2 Disputes between the Consumer and Malternative Belgium regarding the conclusion or execution of agreements regarding products and services to be delivered or provided by Malternative Belgium may, subject to the provisions below, be submitted by both the Consumer and Malternative Belgium to BeCommerce.

19.3 A dispute will only be dealt with by BeCommerce’s Disputes Committee if the Consumer has submitted his complaint to Malternative Belgium according to the procedure indicated in Article 10 of these General Terms and Conditions.

19.4 Malternative Belgium is bound by this choice of the Consumer to submit a dispute to BeCommerce.

19.5 When Malternative Belgium requests the intervention, the Consumer shall, within five weeks of a written request to that effect made by Malternative Belgium, decide in writing whether it wishes to do so or have the dispute heard by the competent court. If Malternative Belgium does not hear the Consumer’s choice within the five-week period, Malternative Belgium shall be entitled to submit the dispute to the competent court.

19.6 Disputes between Malternative Belgium and the Buyer brought before the courts shall fall under the exclusive jurisdiction of the competent courts of Malternative Belgium’s registered office, unless Malternative Belgium chooses to bring a dispute before the courts of the Buyer’s registered office or residence.

19.7 For alternative dispute resolution on online purchases, you can also visit the European Union’s Online Dispute Resolution (ODR) platform .