Terms and Conditions

I. General terms of use

1. Scope of application

These General Terms of Use apply to any visit to or use of the Platform by an internet user (hereinafter the "User").

By visiting or using the Platform, the User acknowledges that they have read these General Terms of Use and expressly accepts the rights and obligations set out therein.

By way of exception, the provisions of the General Terms of Use may be waived by written agreement. Such deviations may consist of the amendment, addition to, or deletion of the provisions concerned and shall not affect the application of the other provisions of the General Terms of Use.

We reserve the right to amend our General Terms of Use at any time and without prior notice, but we undertake to apply to a User the provisions that were in force at the time the User used the Platform.

2. Platform

a. Accessibility and navigation

Access to and use of the Platform is reserved for persons aged 18 and over. Every User declares on their honour that they have reached the required age. We reserve the right to request proof of the User's age by any means whatsoever.

We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer an absolute guarantee of operation and our actions must therefore be regarded as being subject to a best-efforts obligation.

Any use of the Platform is always at the User's own risk. We are therefore not liable for damage that may result from any malfunction, interruption, defect or even harmful elements on the Platform.

We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without prior notice.

b. Content

The Fine Wine Gang largely determines the content of the Platform and takes great care with the information it contains. We take every possible measure to keep our Platform as complete, accurate and up to date as possible, even where the information is provided by third parties. We reserve the right to amend, supplement or remove the Platform and its content at any time, without incurring any liability as a result.

The Fine Wine Gang cannot offer an absolute guarantee regarding the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently precise or up to date. Consequently, The Fine Wine Gang cannot be held liable for any damage, direct or indirect, that the User might suffer as a result of the information provided on the Platform.

If any content of the Platform is contrary to law, to the rights of third parties, or to public morality, we ask every User to notify us as soon as possible by e-mail, so that we can take appropriate action.

Any download from the Platform is always at the User's own risk. The Fine Wine Gang is not liable for damage, direct or indirect, resulting from such downloads, such as loss of data or damage to the User's computer system, which are the sole and exclusive responsibility of the User.

c. Services reserved for registered Users

1) Registration. Access to certain services is limited to Users who have completed registration on the Platform. Registration and access to the Platform's services are reserved exclusively for natural persons who are of legal age and have legal capacity, after completing and validating the registration form available online on the Platform and after accepting these General Terms of Use.

At the time of registration, the User undertakes to provide accurate, complete and up-to-date information about themselves. The User must also regularly check the data relating to them to ensure its accuracy.

The User must therefore provide a valid e-mail address, to which the Platform will send a confirmation of registration for our services. An e-mail address may not be used more than once to register for the services. Likewise, only one registration per person is permitted.

The User is assigned an identification code giving them access to a space reserved for them (hereinafter the "Personal Space"), subject to entering their password. The username and password may be changed online by the User in their Personal Space. The password is personal and confidential. The User undertakes not to disclose it to third parties.

The Fine Wine Gang reserves the right, in any event, to refuse a registration request for the Platform's services in the event of the User's non-compliance with these General Terms of Use.

2) Unsubscribing. A duly registered User may, at any time, request to unsubscribe by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will take effect within 24 hours after the User has completed the form provided for this purpose.

3. Links to other websites

The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that a relationship exists between The Fine Wine Gang and the external website, or even that there is an implicit agreement with the content of these external websites. The Fine Wine Gang has no control over such external third-party websites.

We are therefore not responsible for the safe and correct operation of the hyperlinks or their final destination. As soon as the user clicks on the hyperlink, they leave the Platform. We can therefore not be held liable for any further damage.

4. Intellectual property

The structure of the Platform, as well as the content, texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make up the Platform or that are accessible via the Platform, are owned by The Fine Wine Gang or The Fine Wine Gang has obtained the necessary rights, and are protected as such by the applicable legislation in force on intellectual property.

Any representation, reproduction, adaptation or partial or full exploitation of the content, trademarks and services offered by the Platform, by any means whatsoever, without the prior, express and written consent of The Fine Wine Gang, is strictly prohibited, with the exception of elements expressly designated as 'royalty-free' on the Platform.

The User of the Platform is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless otherwise agreed in writing in advance, the User is not permitted to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.

The User is prohibited from entering data on the Platform that would or could alter the content or appearance of the Platform.

5. Protection of personal data

We assure Users that we attach the utmost importance to the protection of their privacy and personal data, and that we always strive to communicate clearly and transparently on this point.

The personal data provided by the User during their visit to or use of the Platform is collected and processed by The Fine Wine Gang exclusively for internal purposes.

The Fine Wine Gang undertakes to comply with applicable legislation in this area, in particular Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.

The User's personal data is processed in accordance with the Privacy Policy available on the Platform.

6. Applicable law and competent jurisdiction

These General Terms of Use are governed by Belgian law. In the event of a dispute and in the absence of an amicable solution between the parties, the dispute shall be brought before the courts of the judicial district in which The Fine Wine Gang has its registered office.

7. Other provisions

The Fine Wine Gang reserves the right to amend, extend, remove, restrict or interrupt the Platform and its related services at any time, without prior notice and without liability.

In the event of a breach of the General Terms of Use by the User, The Fine Wine Gang reserves the right to take appropriate sanctions and compensatory measures. The Fine Wine Gang reserves the right to temporarily or permanently deny the User access to the Platform or our services.

The unlawfulness or full or partial invalidity of any provision of our General Terms of Use shall not affect the validity and application of the other provisions.

II. General terms of sale

1. Scope of application

These General Terms of Sale define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter, for the purposes of the General Terms of Sale, referred to as the "Customer").

The General Terms of Sale set out all obligations of the parties. The Customer is deemed to accept them without reservation, failing which their order will not be validated.

Exceptions to the provisions of the General Terms of Sale may be made in exceptional cases, provided that such exceptions are agreed in writing.

The Fine Wine Gang reserves the right to amend the General Terms of Sale from time to time. Amendments will apply as soon as they are published online, for any purchase made after that date.

2. Online shop

Through the Platform, the Seller makes available to the Customer an online webshop presenting the products or services offered. The presentation of the products or services offered (e.g. via photographs) has no contractual value.

The products or services are described and presented with the greatest possible accuracy. However, the Seller cannot be held liable for any errors or omissions in the presentation. Products and services are offered subject to availability. Prices and taxes are indicated in the online shop.

3. Tastings & masterclasses

a. Rescheduling. Would you like to reschedule your planned tasting? You will receive the value of your tasting as a voucher and may then book a new tasting at a later date of your choice. To do so, e-mail hello@finewinegang.be.

b. Cancellation. Would you like to cancel your planned tasting or masterclass? This is possible up to 48 hours in advance. Before that 48-hour deadline, we will convert the value of the tasting or masterclass into a voucher. To do so, e-mail hello@finewinegang.be. After this 48-hour period, the tasting or masterclass will no longer be compensated or refunded.

4. Price

The Seller reserves the right to change its prices at any time by publishing them online. Only the prices and taxes in effect at the time of the order shall apply, subject to availability on that date.

Prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced separately before the Customer validates the order. The total amount of the order (including all taxes) and, where applicable, delivery costs, are indicated before final validation of the order.

5. Ordering online

The Customer may complete an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services. To validate their order, the Customer must accept these General Terms of Sale by clicking in the place indicated.

The Customer must provide a valid e-mail address, billing details and, where applicable, a valid delivery address. Any communication with the Seller may take place via this e-mail address. In addition, the Customer must choose the delivery method and validate the payment method.

The Seller reserves the right to block the Customer's order in the event of non-payment, an incorrect address or any other problem attributable to the Customer, until the problem has been resolved.

6. Confirmation and payment of the order

The Seller remains the owner of the ordered items until full payment of the order has been received.

a. Payment

The Customer makes payment at the time of final validation of the order using the chosen payment method. This validation is equivalent to a signature. The Seller has put in place a procedure for checking orders and means of payment in order to reasonably protect against any fraudulent use of a means of payment, including by requesting identification details from the Customer.

In the event of refusal of authorisation for payment by credit card by accredited organisations, or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.

b. Confirmation

Upon receipt of validation of the purchase with payment, the Seller will send the Customer the purchase together with an invoice, unless the latter is delivered with the order. In the event of unavailability of a service or product, the Seller will notify the Customer by e-mail as soon as possible in order to replace or cancel the order for that product and, where applicable, refund the corresponding price.

7. Proof

Communications, orders and payments between the Customer and the Seller may be proven by means of automated records, kept under reasonable security conditions in the Seller's computer systems. Orders and invoices are archived on a reliable and durable medium, which is in particular regarded as a means of evidence.

8. Delivery

Delivery only takes place after confirmation of payment by the Seller's bank. Products are delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or incorrect information provided by the Customer will be charged to the Customer.

Standard and express delivery: 1 to 5 working days. Delivery times are indicative. No compensation may be claimed for late delivery. If delivery times exceed thirty days from the date of the order, the sales contract may be terminated and the Customer refunded.

a. Checking the order

Upon receipt of the products, the Customer checks, or has the recipient check, the good condition of the delivered product or the conformity of the delivered service. If one or more of the ordered products are missing or damaged, the Customer or the recipient must make the necessary reservations with the carrier at the time of delivery and notify the Seller immediately.

b. Delivery error

In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall notify the Seller within three working days of the delivery date.

c. Returns and exchanges

The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, within 7 working days, to the following postal address:

The Fine Wine Gang
A. Vaucampslaan 110
1654 Huizingen

The cost of return shipping is borne by the Customer.

9. Warranties

The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time the contract was concluded. If the Customer is a consumer, they have two years from delivery of the product to invoke the statutory warranty of conformity. If the product purchased was a second-hand item, the warranty period is one year. Any lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after its discovery.

10. Right of withdrawal

This article applies only insofar as the Customer is a consumer. If this is the case, the Customer may exercise their statutory right of withdrawal and terminate the agreement within 14 working days of delivery of the goods, or within 14 days of the conclusion of the services agreement.

a. Return and refund

After notifying their decision to withdraw, the Customer has 14 days to send back or return the goods. The Customer may request a refund for the returned product, at no extra cost. However, the cost of returning the goods remains the Customer's responsibility.

The return or exchange of the product can only be accepted for products that are still whole, intact and in their original condition, in particular with complete, intact packaging and in a resalable condition. The Seller will refund the Customer all amounts paid, including delivery costs, within 14 days of taking back the goods or of the Customer sending proof of shipment of the goods.

b. Exceptions to the right of withdrawal

If the order relates, in whole or in part, to the supply of digital content not supplied on a tangible medium, the Customer expressly agrees that the contract may be performed immediately. The Customer hereby acknowledges that they lose the right of withdrawal if the contract is performed immediately.

If the order relates, in whole or in part, to the supply of services, the Customer expressly agrees that the Seller may perform the services immediately. The Customer hereby acknowledges that they waive their right of withdrawal as soon as the Seller has fully performed the contract.

11. Data protection

The Seller will keep proof of the transaction, including the purchase order and the invoice, in its computer systems under reasonable security conditions. The Seller guarantees the Customer the protection of their personal data in accordance with the Privacy Policy available on the Platform.

12. Force majeure

If the Seller is wholly or partially prevented from executing the order due to an unforeseeable circumstance beyond its control, this constitutes force majeure. In the event of force majeure, the Seller has the right to suspend performance of the order, in whole or in part, for the duration of the force majeure event. If the force majeure event continues without interruption for more than 90 days, either party has the right to unilaterally terminate the contract, by registered letter to the other party.

13. Severability

If one or more provisions of these General Terms of Sale are declared unlawful or void, the remaining provisions shall remain fully in force. The Seller reserves the right to replace the unlawful or invalid provision with another valid provision having an equivalent purpose.

14. Applicable law and competent court

These General Terms of Sale are governed by Belgian law. In the event of a dispute, and in the absence of an amicable settlement, the dispute shall be brought before the courts of the judicial district of the Seller's registered office.