Delivery terms
Delivery in Belgium and the Netherlands.
Delivery time: Between 2 and 5 days.
Delivery prices
Free delivery from 100 EURO
Under 100 EURO there is a delivery cost of 10 EURO
General terms and conditions
General terms and conditions / Volatile BV
1. General / applicability
1.1 These general terms and conditions apply to all offers made by Volatile BV and to all agreements between Volatile BV and the Buyer.
1.2 In these general terms and conditions and elsewhere on the website, the name Volatile BV is used to refer to the wine merchant Volatile BV with its registered office at Guldenvlieslaan 52, 8000 Bruges.
1.3 “Buyer” refers to any visitor to the website and/or any natural or legal person buying products from Volatile BV.
1.4 Volatile BV reserves the right to modify or supplement these terms and conditions from time to time.
1.5 By using the Volatile BV internet site 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 internet site.
1.6 In addition to these General Terms and Conditions, Additional Terms and Conditions may – if explicitly indicated – also apply to certain services and/or products. Should there be any differences between the provisions of the Additional Terms and those of these General Terms, then, in principle, the relevant provisions of the Additional Terms shall prevail over those of the General Terms, unless otherwise provided.
1.7 The provisions of these General Conditions may only be deviated from if this has been expressly agreed in writing.
1.8 If the Buyer also refers to its general terms and conditions, these terms and conditions do not apply unless this has been explicitly agreed in writing by Volatile BV.
1.9 If one or more articles in these general terms and conditions are nullified by a court decision, the remaining provisions of these general terms and conditions shall remain in full force and Volatile BV and the Buyer shall consult with each other to agree on new provisions to replace the nullified or annulled provisions, as far as possible observing the purpose and meaning of the nullified or annulled provisions.
1.10 Volatile BV is authorized to use third parties in the execution of an agreement with the Buyer.
2. Offers and formation of an agreement
2.1 All offers of Volatile BV are without obligation. Offers or quotations are intended to invite the potential buyer to make an offer. Volatile BV is in no way bound by these offers, unless this has been unambiguously stated in writing. Acceptance of the invitation to make an offer by the potential buyer is considered an offer and only leads to an agreement if the other provisions in this article are met.
are met. Volatile BV is never under an obligation to conclude an agreement with a potential Buyer.
2.2 Offers and agreements are made subject to the availability of products (while stocks last). If a product that is temporarily out of stock is or has been ordered by the Buyer, it will be indicated where possible when the product will be available again. 2.3 An agreement is realized the moment an order confirmation is sent to the Buyer by e-mail to the e-mail address provided by the Buyer.
2.4 Volatile BV is entitled to dissolve the agreement if it has good reasons to fear that the Buyer will not meet its obligations, for example, due to past experiences.
2.5 The Buyer and Volatile BV explicitly agree that by using electronic means of communication, a valid agreement is reached as soon as the conditions set out in articles 2.1 and 2.3 have been met. In particular, the absence of an ordinary signature does not affect the binding force of the offer and its acceptance. To the extent permitted by law, the electronic files of Volatile BV serve as a presumption of evidence.
2.6 Information, images, oral, telephonic or electronic communications and statements, etcetera, regarding all offers and the most important characteristics of the products are provided or displayed as accurately as possible. However, Volatile BV cannot guarantee that all offers and products are in complete accordance with the information, etc. provided. Deviations can in principle not be a reason for compensation and/or dissolution, unless the deviation is such that the product does not or no longer meets what the Buyer could reasonably have expected, in which case the provisions in article 6.5 of these General Terms and Conditions apply.
3. Prices
3.1 All prices on the site are “Ex Warehouse” (incoterms 1990), expressed in Euros, in accordance with the relevant legal requirements, and are inclusive of sales tax but exclusive of shipping costs, unless otherwise stated in the information relating to the Product.
3.2 If, at the request of the Buyer, the ordered Product is to be delivered outside Belgium, the Buyer will be liable for payment of any sales tax or import duties owed. 3.3 Any special offers are only valid for the period of validity as stated in that special offer.
3.4 The Buyer owes the price that Volatile BV has communicated to the Buyer in its confirmation in accordance with article 2.3 of these terms and conditions. Obvious errors in price quotations, such as evident inaccuracies, i.e. errors of which the Buyer could have reasonably suspected a mistake, can be corrected by Volatile BV even after the conclusion of the contract.
3.5 Shipping costs are not included in the price of the product itself if the order is less than 100 EURO including VAT. The amount of shipping costs to be paid by the Buyer is 10 EURO including VAT for orders with a purchase value of less than 100 EURO.
4. Payment
4.1 Orders through the internet site can be paid in a number of ways. This is indicated on the internet site.
Volatile BV may expand payment options in the future. Other payment options will be announced on the website.
4.2 In case a payment term has been agreed upon, the mere expiry of this term places the Buyer in default. Payment terms can only be agreed upon in writing under conditions to be set and agreed at the time.
4.3 In case a credit card is chosen as method of payment, the terms and conditions of the relevant card issuer shall apply. Volatile BV is not a party in the relationship between the Buyer and the card issuer.
4.4 Volatile BV has the right to set further conditions concerning a minimum and maximum spend when using certain payment methods.
4.5 In case of non-payment or late payment by the purchaser, an interest of 1.5% per month shall be charged on the outstanding amount from the day on which payment should have been made until the day of full settlement, whereby a month commenced shall be counted as a full month.
4.6 The Buyer is also responsible for all (extra) judicial costs of any kind incurred by Volatile BV as a result of the Buyer’s non-compliance with its (payment) obligations.
4.7 In case of late payment, Volatile BV has the right to rescind the agreement with immediate effect or to suspend (further) delivery until the Buyer has met his payment obligations in full, including payment of interest and costs.
5. Delivery and delivery time
5.1 Orders will be delivered within three working days if in stock.
5.2 Delays will be reported to the Buyer by e-mail or by telephone.
5.3 Deliveries will be made to the address given by the Buyer at the time of the conclusion of the agreement. The Buyer will be informed of this in a timely manner.
5.4 Volatile BV arranges for delivery by courier, by post or by any other means at the discretion of Volatile BV, at the expense of the Buyer. Delivery by courier, mail or any other means will only take place after payment for the products to be delivered has been received.
5.5 Volatile BV is entitled to perform the delivery in parts. The additional costs of subsequent deliveries shall be borne by Volatile BV.
5.6 Different conditions may apply to deliveries abroad.
6. Exchanges and right of withdrawal
6.1 The Belgian law of 6 April 2010 on market practices and consumer protection (WMPC) entitles the consumer to notify the company that he renounces the purchase without penalty and without giving a reason within 14 calendar days from the day following the delivery of the goods or the conclusion of the service agreement.
6.2 The Buyer is obliged to carefully inspect the products or have them inspected immediately upon receipt. Complaints concerning defects in the products must be made in writing and as soon as possible, but at the latest within 14 days after delivery by courier or – in case of non-visible defects – within 21 days after the defects could reasonably have been discovered. If the Buyer is a consumer in the sense of the law, this period is 2 months after discovery of the defect. The Buyer will receive, at his choice, his money back or a credit note if and when the product is returned by Volatile BV and the complaint is found to be justified. The costs of returning the product are for the Buyer.
6.3 Notwithstanding the provisions of the law and these General Terms and Conditions, no claim can be made for a defect in the product if it is a matter of improper handling and further in the following cases:
1.if after delivery changes have been made to or on the product, including those not done with the consent of Volatile BV or the manufacturer;
2.if the Buyer cannot prove that he has purchased the product from Volatile BV;
3.if the defects are the result of improper or injudicious use; or
4.if damage is caused by intent, gross negligence or negligent maintenance.
6.4 Claims and defences, based on facts that could justify the assertion that the product delivered does not meet the requirements of the agreement, lapse one year after the Buyer has notified Volatile BV, unless the Buyer is a consumer, in which case a period of two years applies.
6.5 If the delivered product does not comply with the agreement, Volatile BV shall only be required, at its option, to deliver what is missing or to replace the delivered product, unless replacement is impossible or cannot be demanded from Volatile BV, in which case the buyer may rescind the agreement or reduce the purchase price in proportion to the degree of deviation from what was agreed.
7. Retention of title
7.1 Notwithstanding actual delivery, title to products is transferred to the Buyer only after the Buyer has paid in full all that the Buyer owes in connection with any agreement with Volatile BV, including compensation for interest and costs, even for earlier or later deliveries and any work carried out or to be carried out in connection with the products.
7.2 The Buyer may not encumber, sell, resell, dispose of or otherwise encumber the products before ownership thereof has been transferred.
8. Liability
8.1 Volatile BV can only be held liable for damage that can be attributed to intent or gross negligence, or arises from circumstances that are at its risk based on mandatory rules. Volatile BV shall never be liable for consequential damage, trading loss, indirect damage and loss of profit or turnover.
8.2 If for any reason whatsoever Volatile BV is obliged to compensate any damage, compensation shall never exceed an amount equal to the invoice value of the product or service causing the damage. Volatile BV is never obliged to pay compensation for damage other than property damage and/or personal injury.
8.3 The Buyer is obliged to indemnify Volatile BV for any claims made by third parties against Volatile BV concerning the execution of the agreement, insofar as the law does not prevent the Buyer from bearing the damage and costs involved.
8.4 Volatile BV may include links to other internet sites on its website that could be interesting or informative for visitors. Such links are purely informative. Volatile BV is not responsible for the content of the referenced website or the use that can be made of it.
8.5 The provisions of this article do not affect the legal liability of Volatile BV as a result of mandatory legal provisions.
9. Force majeure
9.1 In case of force majeure, Volatile BV is not obliged to meet its obligations towards the Buyer, or the obligation to meet these obligations is suspended for the duration of the force majeure.
9.2 Force majeure is understood to be any circumstance beyond the control of Volatile BV preventing Volatile BV from fulfilling its obligations towards the Buyer in whole or in part. Such circumstances include strikes, fires, operational failures, energy failures, non delivery or late delivery by suppliers or other third parties and the absence of any government issued license. Force majeure also includes failures in a (te- le communication) network or connection or used communication systems and / or the unavailability of the website at any time.
10. Intellectual property
10.1 The Buyer acknowledges explicitly that all intellectual property rights on displayed information, statements or other expressions regarding the products and/or regarding the internet site are and remain property of Volatile BV its suppliers or other right owners. The agreement therefore does not create a transfer of intellectual property rights.
10.2 The Buyer is prohibited from using, including making changes to, the intellectual property rights of the purchased product, such as clooning, without the explicit prior written consent of Volatile BV its suppliers or other right owners, unless it only concerns private use in relation to the product itself.
11. Personal data
11.1 Volatile BV will process Buyer details exclusively in accordance with its privacy policy.
11.2 Volatile BV observes the applicable privacy rules and legislation.
12. Applicable law and competent court
12.1 Belgian law applies.
12.2 The applicability of the Vienna Sales Convention is expressly excluded.
12.3 The courts of the judicial district of Bruges shall have sole jurisdiction. Dispute resolution and settlement
14. Miscellaneous
14.1 Volatile BV has its registered office at Guldenvlieslaan 52 8000 Bruges. The VAT identification number is BE0635 955 556 . This is also the visiting address in case of complaints