Terms and conditions

1. Applicability

In these General Terms and Conditions, the following definitions apply:

AVD Trading
ANTOON VAN DYCK BRASSERIE with company number BE 0715.551.380.

Copper
Any natural or legal person who is or will be in a contractual relationship of whatever nature with ANTOON VAN DYCK BRASSERIE.

Consumer Buyer
Any natural or legal person who, solely for non-professional purposes, acquires or uses marketed products or services.

Products
The subject of one or more agreements.

These General Terms and Conditions apply to all offers from ANTOON VAN DYCK BRASSERIE, as well as to all agreements entered into.
In addition to these General Terms and Conditions, if expressly indicated, additional terms and conditions may apply to certain services and/or products. If there are differences between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions will in principle prevail over the General Terms and Conditions, unless otherwise stated.

It is only possible to deviate from one or more provisions in these General Terms and Conditions if this has been expressly agreed in writing. In that case, the other provisions of these terms and conditions will remain in full force and effect.

General Terms and Conditions applied by the Buyer do not apply, unless ANTOON VAN DYCK BRASSERIE has expressly agreed to this in writing. ANTOON VAN DYCK BRASSERIE reserves the right to change and/or supplement the General Terms and Conditions at any time for future orders.

By using the ANTOON VAN DYCK BRASSERIE webshop and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.

ANTOON VAN DYCK BRASSERIE is authorized to call on third parties in the execution of an agreement with the Buyer.

2. Offers and conclusion of agreements

Offers are valid while stocks last.
An agreement is concluded at the moment that an order confirmation has been handed over to the Buyer or, in the event that the offer has been made via the Website, has been sent by e-mail to the e-mail address provided by the Buyer.

The buyer and ANTOON VAN DYCK BRASSERIE expressly agree that a valid agreement can be concluded by using electronic forms of communication. In particular, the lack of an ordinary signature does not affect the binding force of the offer and its acceptance. The electronic files of ANTOON VAN DYCK BRASSERIE are hereby deemed to be a presumption of evidence, to the extent permitted by law.

Information, images, verbal announcements, statements, etc. with regard to all offers and the most important features of the products that are provided by telephone or e-mail are (re)displayed or done as accurately as possible.

3. Prices

All prices are expressed in Euro and include VAT.
Special offers are only valid while stocks last.
The Buyer owes the price that ANTOON VAN DYCK BRASSERIE has communicated to it in its confirmation in accordance with article 2.3 of these terms and conditions. Obvious (manipulation) errors in the quotation, such as obvious inaccuracies, can also be corrected by ANTOON VAN DYCK BRASSERIE after the agreement has been concluded.

Delivery costs are clearly communicated to the buyer. With regard to certain payment methods, further conditions apply with regard to the delivery method and any costs. This will be clearly communicated to the Buyer.

4. Payment

For orders via the ANTOON VAN DYCK BRASSERIE webshop, payment can be made in the following ways:
• Bancontact: secure online payment
• Credit card: secure online payment
• Bank transfer: follow the instructions via the order process or in the order confirmation email.

ANTOON VAN DYCK BRASSERIE can further expand the payment options in the future, during the checkout of your order via our webshop you can find our currently available payment options.

If the amount owed by the Buyer is not paid within 10 days after its dispatch, the statutory interest will be due by operation of law and without notice of default, plus a fixed compensation of 10%, with a minimum of € 250.00 without prejudice to any costs. of reminders and legal costs.

5. Delivery and delivery time

ANTOON VAN DYCK BRASSERIE delivers within 5 working days within Belgium (BE). In principle, ANTOON VAN DYCK BRASSERIE aims to dispatch orders placed before 1 p.m. on a working day that same day. Unless otherwise specified, the latest delivery time is thirty (30) days after receipt of the order, with the exception of payment by bank transfer, where the latest delivery time is 30 days after receipt of payment. Except for a Consumer Buyer, the stated delivery time is only an indication, therefore no rights can be derived from this.

If a product that is temporarily out of stock is ordered by the Buyer, it will be indicated when the product is available again. ANTOON VAN DYCK BRASSERIE aims to notify the Buyer of delays within one working day by telephone or e-mail.

Deliveries take place at the address specified by the Buyer during the conclusion of the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the Buyer.

If the delivery is made in parts (for example, when only a number but not all ordered products are in stock), ANTOON VAN DYCK BRASSERIE has the right to regard each delivery as a separate transaction.

The Buyer is obliged to take delivery of the purchased goods within the agreed term. Failing this, ANTOON VAN DYCK BRASSERIE is entitled to demand payment of the purchase price of the part that has not been purchased, or to consider the agreement dissolved without judicial intervention (subject to repayment to the Buyer of any advances already paid for the product in question).

6. Defects and Complaint Period

The Buyer is obliged to inspect the products accurately (or have them inspected) immediately after receipt. Complaints from the Buyer relating to defects in the product or the delivery, which are externally observable, must be submitted by the Buyer within seven (7) days after delivery (or within seven (7) days after the invoice date if the products are not delivered to the Buyer ( could) be delivered), be notified in writing to ANTOON VAN DYCK BRASSERIE.

The Buyer, who is not a Consumer Buyer, is not entitled to return the products for which there are no motivated complaints. If this is done without valid reasons, then all costs associated with the return will be borne by the Buyer. In that case, ANTOON VAN DYCK BRASSERIE is free to store the products among third parties at the expense and risk of the Buyer and to return them to the Buyer at the Buyer’s request and expense.

7. Right of renunciation and exchange

When you purchase a product on www.antoonvandyck-brasserie.be you, as a consumer, can from the day of delivery, during 14 days to waive your purchase. You have this time frame to notify us of your decision to return the product.

Within 14 days after we have received your order back or you have indicated that you want to cancel the agreement, we will refund you the full purchase price.

In case the goods are manufactured according to the customer’s specifications, they have a personal character and cannot be taken back. As a result, canceling an order is not possible.

ANTOON VAN DYCK BRASSERIE is never liable for any damage – including theft or loss – that occurs to the packaging or the product when it is returned.

If the product is not received in accordance with the conditions of the right of withdrawal, the purchase amount will not be refunded. The product remains the property of the Buyer, who is obliged to collect its property within two weeks. The product can also be delivered at the request of the Buyer.

8. Retention of Ownership

Ownership of a product, notwithstanding the actual delivery, will only pass to the Buyer after the latter has paid in full the payment due for this product, including reimbursement of interest and costs.

The Buyer may not tax, sell, resell, dispose of or otherwise encumber the products before the ownership thereof has passed.

9. Warranty and Liability

In principle, the guarantee applies to products supplied by ANTOON VAN DYCK BRASSERIE, as determined by the manufacturer of the relevant article. If the delivered item does not comply with the agreement, the Buyer must notify ANTOON VAN DYCK BRASSERIE within a period of two months after discovery thereof. Consumer Buyers are entitled to the rights as set out in Articles 1649bis to 1649bis. 1649octies of the Civil Code are included.

If, for whatever reason, ANTOON VAN DYCK BRASSERIE is obliged to compensate any damage to a Buyer who is not a Consumer Buyer, that compensation will never exceed an amount equal to the invoice value with regard to the product or service that caused the damage. .

Without prejudice to the provisions of this article, there can be no guarantee in the following cases:

if the wear can be considered normal;
if changes have been made in or to the product, including repairs that have not been carried out with the permission of ANTOON VAN DYCK BRASSERIE or the manufacturer;
if the original invoice cannot be submitted, has been changed or has been made illegible;
if defects are the result of non-intended use or improper use;
if damage is caused by intent, gross negligence or negligent maintenance.

The Purchaser who is not a Consumer Purchaser is obliged to indemnify ANTOON VAN DYCK BRASSERIE against any claim that third parties could assert against ANTOON VAN DYCK BRASSERIE with regard to the execution of the agreement (e.g. consequential damage), insofar as the law applies. not against opposition that the relevant damage and costs must be for the account of the Buyer.

It is possible that ANTOON VAN DYCK BRASSERIE includes links on its Website to other websites that may be interesting or informative for the visitor. Such links are for informational purposes only. ANTOON VAN DYCK BRASSERIE is not responsible for the content of the website referred to or the use thereof.

If research costs are incurred to discover a defect in the product or part of the product, which is excluded from the warranty, and these costs appear to be excluded from the warranty on the basis of Article 9.3, these costs are always for the account of the Buyer. ANTOON VAN DYCK BRASSERIE strives to report this in advance. Failure to provide this notification does not release the Buyer from the obligation to pay these costs.

If costs are associated with the repair of a defect and this repair appears to be excluded from warranty on the basis of Article 9.3, the Buyer will be informed of this. If the Buyer does not expressly agree in writing with the cost estimate, it can receive its property back against payment of the research costs. If the Buyer has not yet paid these research costs six (6) months after the cost estimate has been submitted, ANTOON VAN DYCK BRASSERIE will lose ownership of the product.

A reduced warranty may apply to used, second hand or demonstration models.

10. Force Majeure

In case of force majeure, ANTOON VAN DYCK BRASSERIE is not obliged to fulfill their obligations towards the other party. ANTOON VAN DYCK BRASSERIE is entitled to suspend its obligations for the duration of the force majeure.

Force majeure is understood to mean any circumstance beyond its control that prevents the fulfillment of its obligations towards the other party in whole or in part. These circumstances include strikes, fire, business failures, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the Website being unavailable at any time, non-delivery or late delivery from suppliers or other third parties engaged and the lack of any license to be obtained from the government.

11. Intellectual Property

The Buyer expressly acknowledges that all intellectual property rights of information, communications or other expressions with regard to the products and/or the Website are vested in ANTOON VAN DYCK BRASSERIE, its suppliers or other entitled parties.

Intellectual property rights are understood to mean patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts that may or may not be patentable.

The Buyer is prohibited from using and/or making changes to the intellectual property rights as described in this article, such as reproduction without the express prior written permission of ANTOON VAN DYCK BRASSERIE, its suppliers or other entitled parties, unless it is merely for private use of the product itself.

12. Personal data

ANTOON VAN DYCK BRASSERIE will only process the Buyer’s data in accordance with its Privacy policy.

13. Applicable law and competent court

All offers and agreements are exclusively governed by Belgian law, excluding the principles of conflicts of law in space. The applicability of the Vienna Sales Convention is expressly excluded.

All disputes related to or arising from offers from ANTOON VAN DYCK BRASSERIE, or agreements concluded with it, will be submitted to the competent court of the district of Antwerp, unless a mandatory legal provision expressly designates another court as competent.

14. Miscellaneous Provisions

The registered office of ANTOON VAN DYCK BRASSERIE is located at Meir 78, 2000 Antwerp. Please send all correspondence regarding an agreement or these conditions to ANTOON VAN DYCK BRASSERIE at the aforementioned address or to the e-mail address info@antoonvandyck-brasserie.be

ANTOON VAN DYCK BRASSERIE strives to answer the e-mails it receives within 24 hours. If complaints are reported to ANTOON VAN DYCK BRASSERIE, the Consumer Buyer will in any case be informed within five (5) working days of the term in which he will receive a proposal from ANTOON VAN DYCK BRASSERIE to resolve the dispute.

If any provision of these Terms and Conditions should be unlawful, void or for any other reason unenforceable, such term shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the Buyer and ANTOON VAN DYCK BRASSERIE with regard to the subject matter contained therein.

15. Changes

ANTOON VAN DYCK BRASSERIE reserves the right to amend their general terms and conditions. Changes will always be published on this website prior to their coming into effect. It is recommended that you consult this policy regularly so that you are aware of these changes.

16. Questions

If you would like to receive more information or have any questions about the general terms and conditions of ANTOON VAN DYCK BRASSERIE, you can contact us here.