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COMPANY
Drinkereez bv is a company organized under the laws of Belgium with registered offices at Zirkstraat 31a, 2000 Antwerp, registered under number BE0695.640.844.
Drinkereez bv is exclusive importer and distributor of Labourdonnais Rums in Belgium and is responsible for rumlabourdonnais.be.
Drinkereez reserves the right to proceed, at any time and without notice, to any modification or update of its Services, Content, Terms of Use and/or General Conditions, in its entirety or any element thereof.
This document has been updated on 24-November-2021.
TERMS OF USE
General User conditions
The consumer, visitor and/or buyer or potential buyer, henceforth called ‘User’, who visits or uses rumlabourdonnais.be must be of legal age to consume alcohol and view alcohol related imagery and products.
By accessing rumlabourdonnais.be the User shall take full responsibility for entering the correct information on his or her age and for being of legal age to view, consume and/or order alcohol according to the applicable laws of the country from which he or she is visiting rumlabourdonnais.be, viewing its alcohol related content and/or is ordering alcoholic beverages from or to.
Drinkereez will always ask the User of rumlabourdonnais.be to confirm and/or register his or her age. To read more on the applicable rules on legal age for drinking, ordering and/or viewing alcohol related products, click here.
Privacy of the User
Drinkereez applies its rights and obligations for the recording and use of data in accordance with Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).
How personal data are gathered, kept and used can be consulted in the Drinkereez Privacy Policy. Personal data are collected through cookies and other technologies, as well as through the User’s personal consent and submission of data. To the extent required by law and/or administrative and/or trade requirements, some of the data will always be connected to transactions, compliance related documents and/or commercial invoices or administration. Drinkereez is committed to respect the User’s privacy and to keep its Privacy Policy in accordance with the European and national laws.
By accessing, registering and/or using Drinkereez, the User agrees with the complete Drinkereez Privacy Policy as well as to the Terms of Use.
The User declares to have read and understood the terms of use, to comply completely with this contract and that the entered data is truthful and correct at all times. Upon registration Drinkereez will keep the User’s age and country data for legal purposes and to facilitate ease of use for its service offerings. The User has the right and possibility to edit his or her registration and/or profile settings at any time and to exercise his or her GDPR rights.
Liabilities
The User agrees to access and use Drinkereez in accordance with these Terms of Use as well as in accordance and with respect for the laws, morals and public order.
The content, information and data presented on rumlabourdonnais.be provided by Drinkereez, including the information and data about or of products, partners, suppliers, vendors as well as other Users, are to be treated adequately by all Users. This means the User will not use any of this information and data in the context of illegal activities or any other offense.
The User undertakes to never infringe the rights of Drinkereez, its partners or any third party, and never to violate intellectual and industrial property regulation or any other applicable standard for legal order.
Indicatively, and by no means exclusive or limited to, the User undertakes the following:
- To be responsible for his or her own use of alcohol and to refrain from any incitement to irresponsible consumption of alcohol.
- To not display, introduce, disseminate or transmit to rumlabourdonnais.be, Drinkereez and/or its partners and Users or any third party:
- Messages, content or advertising of racist, xenophobic, pornographic, insulting, or any other potentially damaging nature and to not praise terrorism or violate human rights.
- Any information, any partial information or content that is harmful or an infringement to any fundamental right or freedom, recognized constitutionally and/or by international treaty.
- Any illicit, discriminating, harmful or unfair information or advertising.
- Any element of information or content, in such way that it constitutes a violation of:
- Intellectual and/or industrial property rights, licenses, brands or copyright.
- Secrecy of communication and information.
- GDPR and/or any applicable legislation.
- To not transmit any unwanted or unauthorized advertising, advertising material, spam, chain mail, pyramid structures and/or any form of unwanted mail.
- To not infringe with, introduce or distribute data programs, viruses, harmful software to or into the network, websites, software and programs of Drinkereez, its partners, suppliers and/or any third-party Users.
- To not share or introduce false, inaccurate, ambiguous or bigot content or information, in order to mislead Drinkereez, its partners, Users or any third-party recipient.
- To not use the identity, identification, codes and/or passwords of other Users to access or make use of rumlabourdonnais.be, including linked services of partners of Drinkereez or third parties.
When the User’s failure to comply with the Terms of Use or any other applicable legislation, harms the interests of Drinkereez and/or any of its other Users or partners, Drinkereez reserves the right to request compensation for any damage and to exclude the User from any of its services.
The User is responsible to protect his or her connection, network, systems, computers and devices with which he or she directly or indirectly connects to rumlabourdonnais.be or any of its partners and third-party services. Drinkereez waives any responsibility for viruses, worms or any other type of damage inflicting harm to IT- and communication equipment, operating systems and/or software of the User. Additionally, Drinkereez does not assume any responsibility for damages of any kind at the User’s end or caused by the User, during or
prior to the use of rumlabourdonnais.be, resulting in an interruption, cancellation, suspension or continuation of its services.
For the deployment of its services Drinkereez might use, collaborate with, refer or redirect to partners and/or third parties. The linked services might include technical devices, websites and/or portals controlled by these partners or third parties.
Drinkereez takes care to select worthy partners and third-party services but does not assume responsibility for any illegal nature of the content, services or activities provided by these linked services.
When the User is redirected to and/or accesses any of the linked services, which is to offer a subscription, registration or free use, subject to the acceptance of their Terms and Conditions and Privacy Policy, the User safeguards Drinkereez against any responsibility for damages derived from the use of these services.
In case the User encounters or considers any provided content, activities or practices of these linked services to be inappropriate or illegal, the User may and is requested to inform Drinkereez. The mere communication does not necessarily imply an immediate or eventual
removal of any link, nor termination of collaboration or use of the linked services by Drinkereez.
Ordering Products through rumlabourdonnais.be
The Consumer/Buying Client ensures and takes full responsibility for the fact that he or she, and the Effective Addressee for delivery of the Goods, is of legal age to receive and consume alcohol according to the laws of the country of destination/consumption/delivery.
Note that any costs resulting from the impossibility of delivering the goods due to age restrictions, therefor all return costs, including any shipping, tax, excise, administration and/or sanction related cost will be at the expense of the Consumer/Buying Client, or his or her legal guardian(s).
To read more on the applicable rules for legal age for drinking, ordering and/or viewing alcohol related products, click here.
Pricing and Payment Process
Local VAT and excise are included in the displayed Consumer/Buying Client’s purchase price.
Prices are subject to change at any time
The Consuming/Buying Client pays in € accepts the purchase confirmation and/or invoice to be electronic.
To purchase products the Consumer/Buying Client will select one of the payment methods made available on rumlabourdonnais.be by Drinkereez. Drinkereez uses a certified PCI Level 1 Service provider as payment processor. Privacy related information on the
processing of the payment data can be consulted in the Drinkereez Privacy Policy.
Drinkereez reserves the right to refuse or cancel orders in case of:
- Any inaccuracy or error by Drinkereez or its partner regarding the product or pricing.
- Suspicion of fraud and/or provision of false information or data by the Consumer/Buying Client.
- The payment provider reporting a payment problem with the Consumer/Buying Client.
In case the payment cannot be processed, e.g. due to a technical issue or lack of credit,
Drinkereez can’t guarantee the goods to still be available at a later moment.
Shipment of goods
Drinkereez mainly uses third parties for shipping/delivery to the Consumer/Buying Client or his or her Effective Addressee.
Unless otherwise communicated, goods are shipped against payment.
Shipping rates are variable end depend, among other things, on the size and weight of the ordered goods, but also on the chosen service or delivery service. The options and corresponding rates are communicated before the order is paid for by the Consumer/Buying Client.
Drinkereez shall not be liable for any delay caused by third parties. Drinkereez will indicate estimated delivery times as accurately as possible and update the Consumer/Buying Client (and his or her Effective Addressee) appropriately.
Reception of Goods
The Consumer/Buying Client and/or his or her appointed Effective Addressee acknowledge and commit to accepting the goods upon his or her signature for receipt. Not complying with the signature requirement upon reception of the goods will imply that the Consumer/Buying
Client or the Effective Addressee have illegally taken possession of the goods.
The Consumer/Buying Client or his or her Effective Addressee is responsible for checking the delivered goods at the time of delivery and to subsequently report any anomaly immediately to the courier and Drinkereez. However, non-acceptance of the goods for any other reason than the goods being visibly damaged or wrongly delivered, will result in costs charged to the Consumer/Buying Client.
Refunds, Return shipments and Withdrawals
Refunds can only be considered for goods proven to be damaged before delivery, when the goods are proven to have been delivered while not being suitable for, when the goods ordered can’t be delivered due to non-availability or loss, when the goods haven’t been delivered within 30 days without the Consumer/Buying Client having agreed to an order to be delivered with such delay (e.g. Presales), or when the Consumer/Buying Client exercises his right to withdraw from purchase within 14 days following the date of receipt of the goods.
The Consumer/Buying Client who wishes to apply for a refund is to contact Drinkereez at returns@rumlabourdonnais.be.
Return shipments on the expense of Drinkereez and/or its partners, can only be taken into consideration in case the delivered goods are not the goods ordered. The goods however have to be unopened and proven to be properly treated and stored while in the Consumer/Buying Client’s or the Effective Addressee’s possession.
Goods that have been wrongly or mistakenly ordered by the Consumer/Buying Client or delivered goods for which the Consumer/Buying Clients want to exercise the right of withdrawal, are not eligible for a return shipment on the expense of Drinkereez and/or its partners.
In case the Consumer/Buying Client wishes to exercise his right of withdrawal from a purchase and to return such goods, the goods have to be unopened and proven to have been properly treated and stored while in the Consumer/Buying Client’s or Effective Addressee’s possession.
The Consumer/Buying Client wishing to return goods is to contact Drinkereez at returns@rumlabourdonnais.be to consult requirements, procedures and exact shipping data
for the goods to be returned.
The return shipment is the full responsibility of the Consumer/Buying Client and at his or her own expense. Goods have to be returned in their original packaging, properly protected and sent securely to arrive in perfect condition at the address provided by Drinkereez. Any imperfection of or damage to the goods due to the Consumer/Buying Client and/or his or her Effective Addressee, or due to any circumstance during the return shipment, will imply a devaluation of the goods and Drinkereez and/or its partners not to accept the returned goods or to reimburse the Consumer/Buying Client upon the withdrawal of the purchase of those goods.
Within 14 days following the date of receipt of the returned goods Drinkereez and/or any of its partners will verify the condition of the returned goods, inform the Consumer/Buying Client when the returned goods can’t be accepted, or to proceed to pay a refund to the Consumer/Buying Client.
Note that the service costs and payment processing costs made by Drinkereez will always be deducted from the refund to the Consumer/Buying Client.
The User is advised to consult Drinkereez on and upfront all Return Shipments. Any Returning of products is to be in accordance with these Terms of Use, the European Directive 2011/83/EU and applicable national laws.
Drinkereez reserves the right to exclude Users who abuse the right of withdrawal from rumlabourdonnais.be and the services of Drinkereez.
Invalidity and Efficiency of the Clauses
In the event any provision or clause of these Terms of Use is, or becomes, totally or partially null, invalid or unenforceable, this shall not affect the validity or enforceability of the valid parts of the affected clause or provision, nor will it affect any other clause or provision of these Terms of Use.
Applicable Legislation and Competent Jurisdiction
Drinkereez bv is a Belgian company and therefor general conditions are governed and interpreted in accordance with Belgian Law.
However, for products or services sold through rumlabourdonnais.be to the Consuming/Buying Client, Drinkereez is committed to apply the laws of the Country of Delivery. For further information about laws applicable per country of delivery, purchase and/or consumption, click here.
In this Drinkereez might differ from marketplaces, platforms and services which may avoid responsibility. Drinkereez sets the highest standards to be compliant with European and national regulations regarding excise products, international and intracommunal trade within the EU and eventually to non-EU countries, consumer rights, e-commerce regulations, expectancies and service.
Drinkereez aims to deliver the best of service and sets the highest standards to be compliant with European and natinal regulations regarding excise products, consumer rights, e-commerce regulations, expectancies and services.
Given the specific types of consumption products presented on and sold through rumlabourdonnais.be, liability of the parties involved in the trade may be different compared to common products that are consumer products that are not for human digestive consumption and/or not excise products.
Drinkereez therefor refers to the liability and topic related clauses in these Terms of Use, in case of any dispute between any of the involved parties, especially regarding returns of goods, responsibility for the safety, packaging and content of the shipped goods, discrepancies between the proposed and delivered goods and services by sales- and service-partners of Drinkereez.
The European Commission provides an online dispute resolution platform which any consumer can access via this link.
For any information, you can contact us at shop@rumlabourdonnais.be.
Minimum Age for Alcohol Consumption per EU Member State
Belgium:
- To buy, receive and/or consume alcohol the minimum age is 16 years. Alcohol is any product with an actual alcoholic strength by volume exceeding 0,5% vol. Examples are beer and wine.
- To buy, receive and/or consume spirits the minimum age is 18 years.
Spirits are distilled beverages with an actual alcoholic strength by volume exceeding 1,2% vol., or fermented beverages of an actual alcoholic strength by volume exceeding 22% vol. (Art. 16 of the Law of January 7 th ,1998 on the Structure and Excise Duty Rates on Alcohol and Alcoholic Beverages). Examples are alcohol pops, vodka, whiskey, gin, liqueur, cognac, etc., as well as cocktails based on such spirits. - Click the following links in Dutch or French to read more on alcohol regulations in Belgium.
National Laws regarding Distant Sales
Belgium: