The General Terms and Conditions apply to all actions and agreements between Rum Stylez and the customer. These conditions also apply to all items and services in the range. Rum Stylez with registered office: Graaf de Smet de Naeyerlaan 61, 8500 Kortrijk, Belgium, with company number 0690.890.913, offers its customers the opportunity to purchase Rum via a physical store or online via the webshop. Customer is any visitor (natural or legal person) who buys a product via the Rum Stylez physical store or webshop. The customer can only act in his own name. The customer is not allowed to use any other identity, proxy, robot or temporary email address. When purchasing, the customer explicitly declares to Rum Stylez to have reached the legal age of 18 years. This is to buy and to drink alcoholic drinks. Any person wishing to buy spirits must be able to prove this age upon application. Reference art.no 6 §6 law of January 24, 1977 (Law on the protection of users’ health in food and other products.). §6 added by the law of December 31, 2009) on all alcoholic drinks defined by art. 16 law of 7 January 1998. At the webshop the minimum age of 18 must be confirmed before the customer is granted access. When using the Rum Stylez webshop, the Buyer is obliged to take note and accept these General Terms and Conditions before making payment. The customer accepts that these conditions are the only conditions that apply. If a customer refers to his general conditions, those conditions do not apply, unless expressly agreed in writing by Rum Stylez. Under no circumstances can Rum Stylez be held liable if the items offered by us were used in a wrong or irresponsible manner by the buyer.
The prices on the webshop are stated in multiple currencies. The exchange rate is based on the current exchange rate of the European Central Bank. The exchange rate is updated twice a day. The prices can be displayed including or excluding VAT. The price to be paid for Belgian customers is always VAT inclusive for natural and legal persons and is always communicated in this way upon payment. This also applies to all other EU natural persons and other EU legal entities without stating a valid VAT number. For other EU legal entities with a valid VAT number, the price excluding VAT is communicated and charged. They receive an invoice for: “intra-Community supply”. If the ordered product has to be delivered outside Belgium at the request of the Customer, the Customer is liable for payment of any tax, excise or import duties owed.
- Product Offer
It is possible that the offered products or the information is incomplete, contains material errors or is not up to date. Rum Stylez is only bound to a means-commitment as to the correctness, currentness or completeness of the information provided. Rum Stylez is in no way liable in the event of material errors and typesetting or printing errors. The offer is valid as long as stocks last and can be adjusted or withdrawn at any time by Rum Stylez. Rum Stylez is entitled to refuse orders, without giving reasons, to adjust the delivery times, to split the deliveries or to attach other conditions to the delivery. Nevertheless, it is possible that certain products are no longer for sale. The overpaid amount will then be refunded as soon as possible.
The customer has the option to purchase the items from the Rum Stylez range physically and also online. The online purchase is made when the customer receives a confirmation email from Rum Stylez. The items are delivered to the customer’s home at the specified and registered shipping address. The customer is responsible for entering the correct delivery address. If the address details are incorrect or incomplete, the costs of resubmitting the order will be borne by the buyer. Rum Stylez does not send to PO boxes or to vacant buildings or uninhabited addresses. Rum Stylez reserves the right to refuse any purchase, commitment or payment, without giving any reason or explanation. If a payment has already been paid in the event of a refusal by Rum Stylez, it will be fully refunded to the customer.
- Retention of title
The delivered items remain the exclusive property of Rum Stylez until full payment by the customer. However, the risk of loss or damage transfers to the customer from delivery. Shipping boxes with visual damage are best refused or checked at delivery. Transport damage verified after reception is more difficult to prove, and should be avoided. At this moment items are already under property from the customer. In this case it is necessary to provide Rum Stylez with clear foto’s from the shipping box, the shipping label, the positioning from the goods inside the box and the broken or damaged items. Possible refund or exchange will then depend on acceptance from the case by the insurance from the used shipping company. If necessary, the customer undertakes to inform third parties of the retention of title by Rum Stylez, for example to anyone who would seize the items that have not yet been paid in full.
For non-payment without prejudice to the exercise of other rights that Rum Stylez has, the customer owes an interest of 10% per year on the unpaid amount in the event of non-payment or late payment from the date of the default by law and without reminder. . In addition, the customer is legally and without reminder owing a fixed compensation of 10% on the amount involved, with a minimum of 25 euros per invoice. Notwithstanding the foregoing, Rum Stylez reserves the right to take back the unpaid or partially paid items.
- Complaints and defects
Any visible damage and / or qualitative shortcoming of an article or other shortcoming on delivery must be reported immediately, under penalty of forfeiture of any right. This is only possible for a period of 1 month after receipt.
- Legal warranty (only for consumers) Under the Act of 21 September 2004 on the protection of consumers when selling consumer goods, the consumer has legal rights. Each item is subject to the legal warranty from the date of purchase by (if applicable delivery to) the first owner. Any commercial warranty is without prejudice to these rights.
- To invoke the warranty, the customer must be able to present the proof of purchase. For items purchased online and delivered to the customer, the customer should immediately contact Rum Stylez after delivery. The customer must return the item(s) to Rum Stylez at his expense. Any defect must be reported within 1 month of its discovery. Afterwards, any right to a refund or replacement lapses. The (commercial and / or legal) warranty never applies to defects arising from accidents, neglect, falls, abnormal or incorrect use, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or changes to the item, heavy use, poor maintenance, abnormal or incorrect use. Nor does it apply to articles with a shorter life span, or wear items. Defects that manifest themselves after a period of 1 month following the date of purchase, if applicable delivery, are deemed not to be hidden defects, unless the Client proves otherwise. The warranty is not transferable.
The content of this article only apply to customers who purchase articles online in their capacity as consumers: The consumer has the right to inform Rum Stylez that he / she renounces the purchase, without paying a fine and without specifying a motive within 14 days from the day following the delivery of the product. Customers who wish to exercise the right of renunciation must contact Rum Stylez within 14 days of delivery and return the goods at their own expense to Rum Stylez with registered office in De Graaf within 20 days of delivery of the goods. Smet de Nayerlaan 61, 8500 Kortrijk, Belgium. Goods with a sales price of 100 Euro or more must be returned to us by courier (DHL, Fedex, etc.). Only items that are in the original and undamaged packaging, together with all accessories, and the original invoice or proof of purchase can be taken back. Will in no case be taken back: – used, soiled, damaged or incomplete articles – articles whose packaging (or part of it) has been opened
- Affect of validity-non-renunciation
Should any provision of these terms and conditions be declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions. Failure at any time by Rum Stylez to enforce or exercise any of the rights set forth in these Terms will never be construed as such and will never affect the validity of those rights.
- Change of conditions
Rum Stylez can change these Conditions at any time without further notice. Any purchase after the change constitutes acceptance by the customer of these new Terms.
The customer accepts that electronic communications and backups can serve as evidence.
- Applicable law – Competent court
Belgian law applies, with the exception of the provisions of private international law on applicable law and also the Rome I Regulation on international sales contracts for movable property. In case of any disputes, only the court of Kortrijk (Belgium) has jurisdiction.
- Language of the general terms and conditions.
These general terms and conditions were originally drawn up in the Dutch Language. These conditions have been translated into multiple languages. All translations outside Dutch may contain spelling, grammar or substantive errors. Therefore, in the event of a conflict, only the original Dutch version is lawful. In the event of a conflict, any bad translation of the terms and conditions can never be invoked by the customer as an argument.
- Force Majeure
In the event of force majeure, Rum Stylez is not obliged to fulfill its obligations to the Customer, or the obligation to perform is suspended for the duration of the force majeure. Force majeure means any circumstance independent of the will of Rum Stylez, which prevents the fulfillment of its obligations towards the Customer in whole or in part. These circumstances include strikes, fire, business failures, energy failures, non-delivery or late delivery of suppliers or other third parties engaged, and the lack of any government-issued license. Force majeure also includes malfunctions in a (telecommunications) network or connection or used communication systems and / or the internet site not being available at any time.