General terms and conditions
Definition
Etikett* is a product of CommV Amusee with registered office at La Vignette 22, 3000 Leuven and registered in the Crossroads Bank for Enterprises (CBE) under number BE 1005 489 033. The client: the natural or legal person who has commissioned CommV Amusee as the other party to perform work and provide services/products. The assignment or agreement: the agreement between the client and CommV Amusee regarding the services/products offered by CommV Amusee in the broadest sense.
Scope of application
These general terms and conditions apply to all agreements, assignments, invoices, etc., between CommV Amusee and the client. By accepting a quote, placing an order, or placing an assignment, the client acknowledges having read and accepted the general terms and conditions. General terms and conditions used by the client cannot be applied under any circumstances. Depending on the assignment, the agreement between CommV Amusee and the client may contain special terms and conditions. These general terms and conditions always supplement the special terms and conditions. In the event of any conflict, the provisions of the special terms and conditions shall prevail. CommV Amusee reserves the right to supplement or amend these general terms and conditions at any time, but these new terms and conditions will only apply to future assignments.
Conclusion of an agreement
An agreement between CommV Amusee and the client is concluded upon the client's acceptance of the quotation prepared by CommV Amusee or upon placing an order on the Etikett website. If the acceptance deviates from the offer contained in the quotation, CommV Amusee is not bound by it. All quotations from CommV Amusee are based on the information provided by the client. CommV Amusee may assume that the information and data provided by the client are complete and correct. If, before, during, or after the execution of the order, it appears that the data and information provided are incomplete or incorrect, the additional costs resulting from the client's inadequate fulfillment of the information obligation will be charged in full, regardless of any prior price agreement between the client and CommV Amusee. The prices in the aforementioned quotations are always exclusive of VAT.
Execution of the agreement
CommV Amusee will execute the agreement to the best of its knowledge, expertise, and ability and is therefore bound by a best efforts obligation. To the extent necessary for the proper execution of the assignment, CommV Amusee reserves the right to have (parts of) the work performed by third parties (e.g., hosting). The client agrees to CommV Amusee's creative freedom and grants CommV Amusee permission to give its own creative interpretation to the assignment. If it has been agreed that the assignment will be executed in phases, CommV Amusee may suspend the execution of those parts belonging to a subsequent phase until the Client has approved the results of the preceding phase in writing. Unless otherwise agreed, the assignment does not include the investigation into the existence of (intellectual) property rights of third parties. The same applies to any investigation into the possibility of such forms of protection for the Client.
Duration of the agreement
Etikett represents the interests of the Client within the limits of the assignment. The duration of the agreement is the time necessary to perform the agreed-upon services. Unless expressly agreed otherwise in writing, or unless this arises from the nature of the assignment, the agreement is for an indefinite period, with the understanding that either party can terminate the agreement by registered letter with a notice period of six months, within which the client must respect the established invoicing and payment terms. If the client fails to fulfill the obligations or only partially fulfills them, or in the event of bankruptcy, liquidation, or judicial reorganization of the client, CommV Amusee has the right to suspend all agreements concluded between the Client and CommV Amusee until the Client has fulfilled all obligations, or to terminate these agreements without prior notice of default due to non-performance. In that case, the client owes damages equal to six times the average monthly invoice amount. CommV Amusee is also entitled to demand immediate payment of all outstanding claims without notice of default. If the Client terminates the agreement prematurely, the Client is in no event entitled to a refund of any amount already paid.
Billing and payment
All invoices must be paid within 15 days of the invoice date. A fee of €25.00 will be charged for each reminder letter sent. In the event of late or partial payment of an invoice, default interest of 10% will be due automatically and without notice of default. A fixed fee of 10%, with a minimum of €125.00, will also be charged to cover extrajudicial collection costs resulting from non-payment within 15 days.
Liability
CommV Amusee is not liable for indirect damages such as commercial or financial losses, loss of profits, loss of clientele, etc. The liability of CommV Amusee is in any case limited to the invoice amount for the relevant assignment. CommV Amusee cannot be held liable for defective performance of obligations by third parties, insofar as they have themselves entered into an agreement with the client. CommV Amusee is also not liable for any damages arising from its reliance on incorrect and/or incomplete information provided by the client, unless the inaccuracy or incompleteness of the information should have been known to CommV Amusee.
Confidentiality and privacy
CommV Amusee and the client confirm that any confidential information they become aware of as a result of an agreement will remain confidential at all times. Confidential information is information communicated to the other party in writing and clearly marked as confidential, or information that should reasonably be considered confidential. Any breach of confidentiality will expose the breaching party to liability. This breaching party is also obligated to indemnify the other party against any damages resulting from the breach, including taking further (extra)judicial steps. CommV Amusee may use the Client's personal data to provide the Client with informative newsletters about new CommV Amusee products and services, events related to CommV Amusee's operations, events of CommV Amusee's partners, job-related information and vacancies, the operations and services of CommV Amusee and/or its partners, employee appointments, important news items, etc. The Client's data may be transferred to third parties or partners for informational or advertising purposes. CommV Amusee may use the Client's personal data for direct marketing purposes. This allows CommV Amusee to inform the Client regularly about its activities and statistics. If the Client does not wish their data to be used for this purpose, they can inform us via contact@etikett.beer. CommV Amusee reserves the right to amend this privacy policy at any time, in accordance with the General Data Protection Regulation and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. CommV Amusee's comprehensive privacy policy is available on the website www.etikett.beer or will be provided by CommV Amusee upon first request.
(Intellectual) property rights
CommV Amusee shall at all times and notwithstanding payment of the agreed fee, remain the owner of all intellectual and other property rights, as described, among others, in Book XI of the Code of Economic Law, on all works created by CommV Amusee. Reproduction, exploitation, publication and/or modifications are prohibited without the express permission of CommV Amusee. The client who obtains the works or becomes aware of them during a workshop undertakes to mention the name of CommV Amusee in any form of non-commercial reproduction. The client is also responsible for reproductions by third parties who have obtained the works through the client.
Validity, applicable law and dispute resolution
The nullity or invalidity of any clause in these general terms and conditions does not invalidate the agreement or the applicability of these general terms and conditions. CommV Amusee reserves the right to replace the provision in question with a valid provision of similar effect. In the event of disputes between the client and CommV Amusee, only Belgian law applies, and only the courts of the district where CommV Amusee's registered office is located have jurisdiction.
Minimum age to purchase alcohol
To purchase the Etikett* wheat beer, a minimum age of 16 is required. By purchasing, the customer confirms that they meet this requirement and assumes responsibility for this. Verification may be requested upon delivery/collection.