Fizz! bvba is registered at the address: Vleminckveld 11/23, 2000 Antwerp with business registration number: 0883.146.297 and VAT number: BE 0883.146.297 ("Seller").
Every order implies the agreement by the Buyer of these terms and conditions, which in their totality form part of the agreement with the Seller, to the exclusion of all other general or specific terms and conditions on the side of the Buyer unless otherwise explicitly agreed in writing.
QUOTES AND ACCEPTANCE OF ORDERS
All our quotes are without engagement. We are only bound by an order once it has been confirmed in writing or once it has begun to be processed. Information related to products and prices, as well as the detailed order information, is compiled and distributed subject to changes and corrections.
Products are only delivered in countries as specified on the website. Products are delivered wherever possible within the timeframe indicated during the individual order confirmation. Incorrect delivery addresses are the responsibility of the Buyer and may give rise to additional costs. Unless otherwise stipulated, our prices do not include the transport and the delivery of the goods to the Buyer. Transport and delivery costs are indicated separately. The stated delivery times are not binding but are merely provided as an indication. Delays in delivery do not constitute grounds for termination of the agreement or for the payment of damages to the Buyer, except in the case of deliberate delay. We reserve the right to carry out partial deliveries. In the event of non-delivery of the goods, any amount paid by the Buyer will be reimbursed without interest or other compensation.
RIGHT OF OWNERSHIP
All delivered goods remain the property of the Seller until paid for in full, including all costs and taxes, interest and fees. In the event of non-payment, we reserve the right to reclaim the goods by law at the Buyer's expense.
In order to be admissible, complaints must reach us: (a) in the case of complaints related to non-conformity of deliveries, within eight (8) days following receipt of the goods and (b) in the case of hidden faults, within eight (8) days following the discovery of the fault or the moment by which time such a discovery could reasonably be expected to have taken place. Acceptance of the goods by the Buyer covers every possible fault or non-conformity observable at that time.
Our warranty is limited to the warranty for hidden faults and the warranty in the case of consumer purchases, as stipulated in the Civil Code. We may only be held liable for damage in the event of a deliberate act or gross negligence. We are not liable for any indirect damages which may have been incurred by the Buyer.
RIGHT OF RENUNCIATION
In the framework of remote sales to consumers subject to the Act of 14 July 1991, consumers have the right to inform the seller of their wish to cancel the purchase, without justification and without penalty within seven working days of delivery. In the event the Buyer wishes to have recourse to this right, he/she is required to return all goods at his/her own risk and expense to Fizz! bvba, Vleminckveld 11/23, 2000 Antwerp, Belgium. Goods specifically designed for the Buyer or perishable goods cannot be accepted. In such cases, the Buyer cannot make recourse to any right of renunciation.
The Seller is not responsible for delays in the execution or the non-execution of its commitments arising as a result of events outside of its normal control, including production interruptions, difficulties in acquiring or shortages of raw materials, work force, energy or transport or delays in transport, strikes, lock outs, work interruptions or other collective labour disputes, whether or not they are directly related to ourselves or our suppliers, even in the event that these events are foreseeable.
PRICES AND PAYMENT
Invoices are payable in full to our head office at Vleminckveld 11/23, 2000 Antwerp, Belgium by the due date and without discount unless otherwise indicated on the invoice. In order to be admissible, all complaints related to invoices must be formulated in detail and sent by registered mail within three (3) days following receipt of the invoice. In case of late payment, interest will automatically be charged on the invoice amount due and without any prior notice of default at a rate of 1% per month from the invoice date. In the event of non-payment and in the event that a reminder sent by post has remained unanswered within 14 days, a fixed fee will be payable equal to 10% of the amount owed. We reserve the right in the event of non-payment of an invoice in part or in full by the due date or in the event of any other breach of the Buyer's obligations with respect to the agreement, to suspend the execution of or immediately terminate all agreements with the Buyer by law, without implication of default and without the need for any judicial intervention and to demand payment of all amounts owed, even with respect to invoices that are not yet past due, or to deliver goods only upon payment in cash, notwithstanding any earlier agreements or any other rights to which we may be entitled.
Not immediately responding to any shortcoming on the side of the Buyer can in no way be considered as a relinquishment of our right to pursue this shortcoming at a later date.
All orders from the internet site of Fizz! bvba imply the explicit permission of the Buyer to allow the processing and use of his/her personal information for such purposes as the administration of a customer database, the management of orders, deliveries and invoices, solvency checks, marketing and advertising. The processing of such information for marketing purposes and individual advertising will only take place upon the Buyer's explicit declaration of agreement during the ordering process. Fizz! bvba will not be permitted to transfer this information to third parties. The Buyer has the right to view and correct all information. The Buyer also has the right at all times to oppose the processing of his/her personal information for direct marketing purposes and this without incurring any personal costs. For more information, the Buyer is invited to review the public register held by the Privacy Protection Commission in Brussels.
All Parties accept the validity of electronic proof in the framework of their relations (e.g., e-mail, back-ups, etc.).
If any article of these terms and conditions is declared null and void, this invalidity shall not affect the validity of the remaining articles.
All agreements concluded with the Seller are subject to Belgian law. All disputes are the exclusive jurisdiction of the Belgian courts.