These are the general terms and conditions of sale of Brouwerij Haacht NV, with registered office at Provinciesteenweg 28, 3190 BOORTMEERBEEK, with company number 0415.276.794 (the “Brewery”). These general terms and conditions of sale apply to all orders placed by customers with the Brewery, to the exclusion of any general terms and conditions of the Customer, unless explicitly agreed otherwise.
A) General: Definitions
- The Brewery: Brouwerij Haacht NV, established at 3190 Boortmeerbeek, Provinciesteenweg 28, manufacturer of beers and other beverages (non-exhaustive).
- The Customer: Any natural or legal person who places an order with the Brewery for the purchase of products manufactured and/or marketed by the Brewery.
- Business Days: All calendar days excluding Saturdays, Sundays, and legal holidays.
B) Orders and Delivery
Each order must be confirmed by the Brewery to be binding. This confirmation may also be implied through the execution of the order.
To ensure timely execution of the order, it must be received by the Brewery at least two business days before the delivery date.
Each delivery is deemed accepted by the Customer upon departure from the Brewery and is transported at the Customer’s responsibility and risk, regardless of the method of transport.
As deliveries may be affected by chance, force majeure, or acts of third parties, the delivery terms (including timing and quantity) are only indicative. This implies, among other things, that a delayed or incomplete delivery cannot be refused and will not give rise to any cancellation and/or compensation.
The delivery is deemed accepted by the Customer and considered to match the order placed unless protested by registered letter within 10 business days following receipt of the delivery, or, as applicable, the invoice date. The Brewery’s accounting records serve as proof of invoice receipt. The Customer is familiar with and accepts the Brewery’s return procedure, which specifies, among other things, that the return of beers or other beverages does not entitle the Customer to a refund.
C) Payments
All invoices are payable at Boortmeerbeek or as per the payment details on the invoice.
If an invoice is not paid within 30 days of the invoice date, a contractual interest of 10% shall be due from the due date, as well as a penalty clause amounting to 10% of all outstanding amounts, without prejudice to the Brewery's right to recover its actual damages from the Customer through legal proceedings, including incurred costs.
If the Customer disputes the invoice, the Customer must lodge a written and substantiated objection with the Brewery within 10 business days of receipt of the invoice.
Non-payment of a single invoice on its due date makes the outstanding balance of all other invoices, even those not yet due, immediately payable by operation of law.
D) Returnable Goods / Packaging
Returnable items (barrels, crates, bottles, containers) bearing the Brewery’s name or one of its brands are deemed to be on loan and cannot be freely disposed of. The same applies to returnable items of companies whose products are sold by the Brewery.
Returnable items remain the property of the Brewery.
The Customer is not permitted to affix other trademarks on the returnable goods / packaging without the Brewery’s express written consent.
Deposits received for barrels, crates, bottles, and containers will only be refunded upon return in good condition and without damage.
If the packaging is not returned within 10 business days after the Brewery sends a registered letter or if the packaging is damaged, the Brewery reserves the right to claim compensation from the Customer equal to the new price of the packaging, less the deposit already paid by the buyer.
E) Retention of Title
The delivered goods remain the property of the Brewery until full payment of the price. All risks are borne by the Customer as soon as the goods are delivered to or collected by the Customer.
In case of dissolution of the sale, the advance payments remain acquired by the Brewery to compensate for possible losses in resale.
The Brewery disclaims any liability for accidents that may occur with the use of its equipment (barrels, crates, bottles, containers, advertising materials, tap and dispensing equipment, etc.).
F) Miscellaneous
The Brewery may always offset any amounts it owes, regardless of origin, with amounts owed to it.
The beers and/or other beverages manufactured and/or marketed by the Brewery are sold to beverage dealers within the framework of an indefinite commercial relationship.
G) Final Provisions
These general terms and conditions of sale may be modified by the Brewery without prior notice, in accordance with, among other things, legal developments.
If the Brewery waives the application of one or more of these general terms and conditions, this will always be for purely commercial reasons, and the Customer shall not derive any rights from this.
The nullity of any of the provisions in these general terms and conditions does not affect the validity of the other provisions or of the general terms and conditions as a whole.
H) Applicable Law
Only Belgian law applies.
All disputes or claims fall under the exclusive jurisdiction of the courts of Leuven.