Terms & Conditions

The consumer has the right to inform egmontsgarden.be that he renounces the purchase, without payment of a fine and without giving a reason within 14 calendar days from the day following the day of delivery of the good or closing of the service contract.

Thank you for visiting the website accessible at www.egmontsgarden.be, hereinafter the “Website”, owned and managed by the company OMIVA cva, with registered office at 53 Langestraat, 9620 Zottegem, Belgium, with KBO number 0884.736.208, hereinafter egmontsgarden.be.

Egmontsgarden.be is active in the sale of online Gin products and related products, such as but not limited to gin, gin, glasses, herbs, botanicals, gift baskets, tubes, textiles,…

Read these Terms and Conditions carefully. These General Conditions determine the conditions for accessing and using the Website, creating an account and purchasing goods on the Website. These General Terms and Conditions consist of 3 parts:

General Terms and Conditions of Website Use
General Sales Conditions
General provisions

By placing orders, it is assumed by law that you have implicitly taken note of these General Terms and Conditions and that you accept their content as binding. These general conditions of sale apply to all orders transferred to us. The customer is expected to accept them by the mere fact of his order.
Deviations from these terms and conditions of sale, even if stated on documents originating from the customer or from our representatives, are only enforceable against us if they have been confirmed by us in writing. Even then, the general terms and conditions of sale remain in force for all other points.

I. Website General Terms of Use
1. Structure of the Website
The Website is a platform website that allows visitors to purchase products.

2. Applicability and binding force
These General Website Terms of Use apply to any use of the Website. By declaring your visit to the Website, you declare that you have taken note of these General Terms and Conditions of Website Use and that you accept their content as binding.

3. Use this website
3.1. The use of the Website is free.

Egmontsgarden.be reserves the right to unilaterally, immediately and without prior notice terminate access for visitors who do not comply with the current General Terms and Conditions of Website Use, Privacy Policy and / or Cookie Policy of the Website.

4. Creating an account
4.1. In order to place orders on our Website, you must use the payment options offered.

You must be over 18 years of age to purchase goods through this Website. Egmontsgarden.be reserves the right to close access unilaterally and without prior notice, or to cancel orders if it appears that you are a minor.

4.2. It is not allowed to use someone else's identity, proxies and temporary e-mail addresses.

4.3. By purchasing, you implicitly and legally declare that you have read and accepted the current General Terms and Conditions, which implies the knowledge and acceptance of all 3 parts of the General Terms and Conditions, in particular the General Terms and Conditions of Use Website, the General Terms and Conditions of Sale and the General provisions

4.4. Egmontsgarden.be reserves the right to accept or reject your purchase. Your purchase may be refused, but not limited to, for the following reasons:

You do not provide the requested information for identification or provide incomplete or incorrect information for it;
You try to log in several times using different names;
You use someone else's identity;
You fail to fulfill one or more of the obligations set out in these General Terms and Conditions, or failed to do so in the past, or Egmontsgarden.be can reasonably assume that you will not comply with such an obligation;
Any other reason on the basis of which we can reasonably judge that your purchase cannot be accepted.

4.5. As soon as your purchase is complete, you will receive a confirmation e-mail with all relevant information for accessing and managing your purchase.

5. Our liability
5.1. Egmontsgarden.be pays the utmost attention and care to the content of the Website. However, this content is subject to change, can be removed at any time and is offered to you without any express or implied warranties as to its correctness. Egmontsgarden.be is not liable for damage resulting from the use of the content on the Website, whether it turned out to be correct or incorrect, or for damage caused by using or distributing this content.

5.2. Egmontsgarden.be makes every effort to provide access to the Website 24 hours a day, 7 days a week. In view of the technical characteristics of the internet and of the IT resources and the need to perform periodic maintenance, update or to carry out upgrade work, Egmontsgarden.be cannot guarantee uninterrupted access and services. In the event of normally acceptable interruption or disruption of access or service, Egmontsgarden.be will do everything to remedy this within the shortest possible time. Interruptions or disruptions of this nature that are normally acceptable are inherent to the provision of services via the Internet and cannot be regarded as shortcomings.

6. Intellectual property
Egmontsgarden.be is the exclusive rightful or assignee of all intellectual property rights associated with the Website and the service offered. You undertake not to copy, edit, exploit or resell or use in any other way the entirety of elements that make up the Website, or any part thereof, in any way whatsoever, except when the express written and prior approval of Egmontsgarden.be has been obtained. These elements include the brand, the texts, the software, the databases, the forms, the trade names, the product names, the logos, the graphic elements and illustrations, the graphics, the music, the color combinations, the slogans, the lay- outs and page arrangements and any other element of the Website and the service that is eligible for protection.

II. General Sales Conditions

Article 1 - Applicability

Article 2 - Our offer and your order

Article 3 - Right of withdrawal

Article 4 - The price

Article 5 - Payment

Article 6– Compliance and Warranty

Article 7 - Delivery and implementation

Article 8 - Force majeure

Article 9 - Intellectual property

Article 10 - Limitation of liability

Article 11 - Complaints procedure and disputes

Article 1 Applicability

Our General Terms and Conditions of Sale apply to every offer made by us as a Webshop to you (in your capacity as a consumer) and every agreement that is concluded between us.
Before an Agreement is concluded between us, we will clearly inform you of the text of these General Terms and Conditions of Sale (as well as the other parts of the General Terms and Conditions) and ask you to accept them. The General Terms and Conditions are clearly made available to you with the option of storing them on a durable medium. If for some reason we are unable to show you our General Terms and Conditions, you can obtain a copy or inspection from us by email to info@omiva.be.
The General Terms and Conditions are made available to you before you have confirmed your order on the website. A web link is used for this. Via this web link you can obtain the general terms and conditions in a format that you can save or print. We recommend that you always do this. You will tick that you have read the General Terms and Conditions and have accepted them in full.
If, in addition to these General Terms and Conditions, additional special terms and conditions also apply, the above with regard to familiarization and acceptance also applies to those special terms and conditions. If our General Terms and Conditions conflict with those special conditions, you as a consumer can always invoke the most advantageous text in your favor.

Article 2 Our Offer and your order

If an offer has a limited period of validity or is subject to certain conditions, we explicitly state this in our offer.
We strive to always describe as fully and accurately as possible what we sell you. In any case, we try to give the description in sufficient detail to allow you to make a good assessment. If we use images, we try to make them a true representation of the offered goods and / or services. However, the online displays may differ from reality, taking into account, among other things, the differences that may arise when making the display (e.g. photo) and the way in which this is displayed on the screen (and the settings that are made by you for this). used). Egmontsgarden.be cannot be held responsible for any differences between the representation and reality. To the extent that you wish to withdraw from the sale, you can make use of his right of withdrawal within the specified limits.
Your order is complete and the agreement between us is final as soon as egmontsgarden.be confirms your order by email. As long as you have not received a confirmation from us, you can still cancel your order.

Article 3 Right of withdrawal

If you purchase goods from us (except for the exceptions listed below), you have the right to decide not to keep the goods for 14 calendar days from the day after delivery. You can then return your order without payment of a fine and without giving any reason within 14 calendar days (you pay the costs for shipping this yourself). Within 30 calendar days after we have received your order, we will refund you the full purchase price of the returned goods, together with the original delivery costs. In any case, we clearly notify you that you have this right when confirming your order or at the latest upon delivery.
During the first 14 calendar days after the day of receipt of the delivery, we expect you to handle the order and packaging carefully if you intend to return the goods. If you still want to be able to return the goods as described above, you may only unpack them to the extent necessary to assess whether you wish to keep the goods. Due to the nature of the goods, returned goods may not be used. This implies, among other things, that the packaging is in good condition and is not damaged (eg the plastic capsules or paper closures must still be intact).

If you return the goods, this must be done together with all accessories supplied and - if reasonably possible - in the original condition and packaging and taking into account our instructions.

When you return goods, you are responsible for the transport and the costs thereof. The right of withdrawal is only validly exercised when we have received the products back and the products are in good condition (as described above). We will not be able to reimburse you if the products are (wholly or partly) lost or damaged in transport, or that do not meet the aforementioned conditions. We recommend that you take out appropriate insurance for this.

Article 4 The price

During the period that we state in our offer, our prices do not change except for: price changes as a result of changes in VAT rates, significant changes at one of our suppliers, as a result of which we are unable to maintain the proposed prices and material errors in the price indication.

Our prices are net prices including all taxes, VAT, taxes and services insofar as delivery takes place in Belgium. So you will never be faced with surprises. All taxes, duties and costs, due on delivery or afterwards, or due to delivery in another country, will be borne by the buyer.

In addition to the purchase price, the shipping costs will be charged, which are stated before you place your purchase definitively. These shipping costs are charged on the basis of the rates applicable at the time of the order and depending on the size of the package and the destination. These prices can be changed at any time, as we also depend on the external transport company.
Egmontsgarden.be may or may not regularly take promotional actions. These actions are always described as clearly as possible on the website. These promotions always run to the end of the stock. A user can never use 2 promotional actions at the same time, unless Egmontsgarden.be clearly indicates this. Egmontsgarden.be also reserves the right to adjust an order if we notice that, for example, due to a technical error, 2 promotions are still running on one or more products or product categories.

Article 5 Payment

Unless otherwise agreed with you, we only accept prepayment through our website. If you notice inaccuracies in your payment details or notice anything suspicious during your payment, you must immediately notify us at the email address info@omiva.be.

www.egmontsgarden.be normally uses prepayment. All our invoices are payable in cash and demandable, unless otherwise agreed. If this is not the case and you have not paid in advance and you do not pay us in time or in full, we can charge the costs that you cause. In any case, from the thirtieth day after the invoice date, you will owe us interest of 12% annually on the outstanding invoice amount without prior notice of default and by operation of law, as well as a fixed compensation of also 10% (with a minimum of EUR 75) of the outstanding invoice amount. In any case, all goods that we send to you remain our property until you have paid them in full. If you do not pay them (on time), we can decide at any time to take them back at your expense. As long as you have outstanding invoices with us, you may not resell, donate, use as collateral or make them real estate. All collection costs are fully borne by the customer.

Article 6 Conformity and Warranty

We guarantee that our goods conform to your order and meet the normal expectations that you may have taking into account the specifications of the product. We also guarantee that our goods comply with all existing laws at the time of your order.
To the extent that you determine upon delivery that the products do not comply with what was ordered (or are damaged), you must report this to egmontsgarden.be within 24 hours by e-mail at info@omiva.be so that egmontsgarden. be able to safeguard his rights vis-à-vis the delivery service.
Egmontsgarden.be is not a manufacturer and only distributes the products through its webshop. Egmontsgarden.be can therefore not guarantee the operation of the products it offers for sale. There is a 2-year warranty on the accessories, except for normal use. Glasses with logo should never be cleaned in the dishwasher and only with lukewarm water, without rubbing the logo too hard. The fading of the logo through frequent use involves wear and not a defect.
Article 7 Delivery and implementation

All goods are delivered after payment to the address indicated by you in your order. We do our utmost to deliver everything ordered before 5 pm the next working day (in Belgium). Due to external conditions it may take longer. This is an obligation of means and not an obligation of result. The delivery times are always given for information and are not binding for us. A delay in delivery cannot result in a breach of contract or a request for compensation.

Insofar as this is reasonably possible, and depending on whether the product is in stock, we deliver your order no later than 30 days after your order (and provided that the order and the concrete data are correct and complete), unless a longer delivery period in advance has been agreed or indicated. If we cannot deliver on time, we will always notify you before the expiry of this 30-day period. If delivery cannot take place within a maximum period of 30 days, you have the right to terminate the agreement free of charge.
The shipment of goods and vouchers is always at the risk of the buyer, even if the delivery is made carriage paid. If you return goods to us within 14 days of purchase because you prefer not to keep them, you are responsible for the transport.

Article 8 Force majeure

In case of force majeure, we are not obliged to fulfill our obligations. In that case, we can either suspend our obligations for the duration of the force majeure or terminate the agreement definitively. You as a consumer also have the same right in case of force majeure.
Force majeure is any circumstance beyond our control and control that prevents the fulfillment of our obligations in whole or in part. By this we understand, among other things: strikes, pandemics, epidemics or diseases that disrupt normal operation, fire, (threat of) war, business failures, energy failures, failures in a (telecommunication) network or connection or used communication systems and / or the are currently unavailable from the Webshoper's website, non-delivery or late delivery from suppliers or other third parties engaged, ...

Article 9 Intellectual property

Our website, the content, logos, texts, photos, names, trademarks (whether or not registered), drawings, data, images, product or company names, etc. and in general all our communications are protected by intellectual property rights that are either with us, or with our suppliers or other rightful claimants.
It is prohibited to use and / or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photos, names, texts, logos, color combinations, etc. without our prior and express written permission. Email: info@omiva.be
By accessing and using the website you expressly agree to these conditions.
Article 10 Limitation of liability
The information on the website is of a general nature. The information is not adapted to personal or specific circumstances and can therefore not be considered as personal, professional or legal advice to the user.
OMIVA cva makes every effort to ensure that the information provided is complete, correct, accurate and updated. Despite these efforts, inaccuracies may occur in the information provided. If the information provided contains inaccuracies or if certain information is not available on or via the site, the utmost effort will be made to rectify this as soon as possible. OMIVA cva cannot be held liable for direct or indirect damage resulting from the use of the information on this site. If you find inaccuracies in the information made available through the site, you can contact the site administrator.
The content of the site (including links) can be adapted, changed or supplemented at any time without notice or notification. OMIVA cva gives no guarantees for the proper functioning of the website and can in no way be held liable for a malfunction or temporary (un) availability of the website or for any form of damage, direct or indirect, that may arise from the access to or use of the website. Under no circumstances can OMIVA cva be held liable to anyone, directly or indirectly, in any special or other way, for damage resulting from the use of this site or any other, in particular as a result of links or hyperlinks, including, without limitation of all losses, work interruptions, corruption of programs or other data on the computer system, equipment, software or other of the user.
The website may contain hyperlinks to websites or pages of third parties, or refer to them indirectly. Placing links to these websites or pages in no way implies implicit approval of their content. OMIVA cva expressly declares that it has no control over the content or other characteristics of these websites and can in no way be held liable for the content or characteristics thereof or for any other form of damage resulting from its use.
By accessing and using the website you expressly agree to these conditions.

III. General provisions

1. Adjustments

If these General Terms and Conditions are changed, the new version is available on the Website and this new version applies from your next order via the Website (and corresponding implicit acceptance of the General Terms and Conditions by placing an order). From that moment on, you are deemed to have taken note of this and agree to this. It is therefore important to check the date of adjustment mentioned above for each order. A first order automatically implies acceptance of our general terms and conditions of sale. To be admissible, any complaints must reach us in writing within five days. From the second invoice, our sales conditions are indisputable due to the fact that there was no protest on the first invoice.

2. Applicable law and jurisdiction clause

These General Terms and Conditions are governed, interpreted and executed in accordance with Belgian law, which exclusively applies to any dispute. Only Belgian law applies to the offers, deliveries, orders and agreements of OMIVA cva. In other words, all our agreements are governed by Belgian law.

Only the courts of the judicial district of the registered office of the company have exclusive jurisdiction to judge disputes and / or any dispute that may arise from the interpretation or implementation of these General Terms and Conditions, without prejudice to the possible application of mandatory legal provisions .

3. Acceptance

By entering the website and / or placing orders, you accept the General Terms and Conditions as well as all provisions of these General Terms and Conditions.

4. Contact

For any additional information or comments regarding these Terms and Conditions, please contact egmontsgarden.be at the following address: OMIVA cva, with registered office at 53 Langestraat, 9620 Zottegem, Belgium or at info@omiva.be.

Any complaint or dispute must be sent by registered mail to the above address.

Any communication from us to you is made via the website or by email.
By accessing and using the website you expressly agree to these conditions.

Article 11 Complaints and disputes

We always hope that all our customers are 100% satisfied. If you still have complaints about our services, please formulate them in writing to info@omiva.be. We do everything we can to handle your complaint within a reasonable period of time.
All agreements that we conclude with our customers, regardless of their place of residence, are exclusively governed by Belgian law. In other words, all our agreements are governed by Belgian law. Only the courts of the judicial district of the registered office of the company are competent for disputes.
By accessing and using the website you expressly agree to these conditions.