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Definition of terms

Etikett* is a product of CommV Amusee with registered office at La Vignette 22, 3000 Leuven and registered in the 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 the agreement: the agreement between the client and CommV Amusee with regard to 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 giving an assignment, the client acknowledges having taken note of the general terms and conditions and accepting them. General terms and conditions used by the client can in no case be applicable. Depending on the assignment, the agreement between CommV Amusee and the client can contain special conditions. These general terms and conditions always supplement the special conditions. In the event of conflict, the provisions of the special conditions take precedence. CommV Amusee reserves the right to supplement or amend these general terms and conditions at any time, but these new conditions will only be applied to future assignments.

Formation of an agreement

An agreement between CommV Amusee and the client is concluded after the client accepts the quotation drawn up by CommV Amusee or places an order on the Etikett website. If the acceptance deviates from the offer included 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 it appears before, during or after the execution of the order that the data and information provided are incomplete or incorrect, the additional costs resulting from the defective execution of the information obligation by the client will be charged in full, regardless of any previous price agreement between the client and CommV Amusee. The prices in the quotations mentioned 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 means obligation. To the extent necessary for the proper execution of the assignment, CommV Amusee has the right to have (parts of) the work carried out by third parties (e.g. hosting). The client agrees to the creative freedom of CommV Amusee and gives permission to CommV Amusee to give its own creative interpretation to the assignment. If it has been agreed that the assignment will be executed in phases, CommV Amusee can suspend the execution of those parts that belong 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 given. The duration of the agreement is the duration required for the performance of the discussed services. Unless expressly agreed otherwise in writing, or if this arises from the nature of the assignment, the agreement applies for an indefinite period, with the understanding that both parties can terminate the agreement by registered letter with due observance of a notice period of six months, within which the client must respect the invoicing and payment conditions made. If the client does not or only partially comply with the obligations 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 default. In that case, the client owes compensation equal to six times the average monthly invoice amount. CommV Amusee is also entitled to demand immediate payment of all outstanding claims with immediate effect and without notice of default. If the Client terminates the agreement prematurely, the Client is in no case entitled to reimbursement of the portion already paid.

Billing and payment

Each invoice must be paid within 15 days of the invoice date. For each reminder letter that must be sent, a fee of EUR 25.00 will be charged. In the event of late or partial payment of an invoice due, a default interest of 10% will be due by operation of law and without notice of default. A fixed fee of 10% with a minimum of EUR 125.00 will also be charged to compensate for the extrajudicial collection costs resulting from non-payment within 15 days.

Liability

CommV Amusee is not liable for indirect damage such as commercial or financial losses, loss of profit, 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 entered into an agreement with the client themselves. CommV Amusee is also not liable for any damage that has arisen because it has assumed incorrect and/or incomplete information provided by the client, unless the incorrectness or incompleteness of the information should have been known to it.

Confidentiality and privacy

CommV Amusee and the client confirm that any confidential information that comes to their attention as a result of an agreement will remain confidential at all times. Confidential information is this information that has been communicated to the other party in writing and that is clearly indicated as confidential or information that should reasonably be considered confidential. Any breach of confidentiality will jeopardize the liability of the infringing party. This infringing party is also obliged to indemnify the other party against any damage resulting from the breach, including taking further (extra)judicial steps. CommV Amusee may use personal data of the Client to provide the Client with informative news items about new products and services of CommV Amusee, events related to the operation of CommV Amusee, events of partners of CommV Amusee, job-related information and vacancies, the operation and services of CommV Amusee and/or its partners, joining of employees, important news items, etc. The Client's data may be transferred to third parties or partners for informative or advertising purposes. These personal data of the Client can be used by CommV Amusee for direct marketing. This allows CommV Amusee to inform the client about its activities and statistics at regular intervals. If the client does not want his data to be used for this purpose, he can inform us via contact@etikett.beer. CommV Amusee reserves the right to adjust this privacy policy at any time and this in accordance with the General Data Protection Regulation Directive and the law of 30 July 2018 on the protection of natural persons with regard to the processing of personal data. The extensive privacy policy of CommV Amusee 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 in Book XI of the Code of Economic Law, on all works created by CommV Amusee. Reproduction, exploitation, publication and/or making changes is 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 via the client.

Validity, applicable law and dispute resolution

The nullity or invalidity of a clause of these general terms and conditions shall in no way result in the nullity of the agreement or the applicability of these general terms and conditions. CommV Amusee shall have 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 shall apply and only the courts of the district where CommV Amusee's registered office is located shall have jurisdiction.

Minimum age to purchase alcohol

For the purchase of the Etikett* white beer a minimum age of 16 years is required. By purchasing, the client confirms that he/she meets this requirement and assumes responsibility for this. Upon delivery/collection, a verification may be requested.