Sales Conditions
Legal Notice
Business Name: Boerenerf
Legal Form: BV/SRL
Address: Sollenberg 3, 1654 Huizingen
E-mail: info@boerenerf.bio
VAT Number: BE0771959355
Regulated Activity: Conditions established by the AFSCA
Commercial Register & Court of Jurisdiction: Flemish Brabant
Professionals (in possession of a VAT number)
All personal data is processed in accordance with applicable regulations. The general terms and conditions mentioned below are valid from 01/08/2023 and cancel and replace all previous terms and conditions.
Invoice Terms
1. These invoice terms apply to all legal acts and legal relationships between the private limited company Het Boerenerf, with registered office located at Sollenberg 3, 1654 Huizingen, RPR Brussels (Dutch-language court), with VAT number BE 0771.959.355 (hereinafter 'Het Boerenerf bv') and the customer (client, buyer, any other contracting party, whether a natural person or representative of a legal entity).
2. These sales conditions come into effect upon the customer’s signature of an agreement, acceptance of an invoice, confirmation of an order via email, signing of a quote, etc., without this enumeration being exhaustive; proof of knowledge of these general sales conditions can be provided by any legal or factual means.
3. Het Boerenerf reserves the right to cancel an order if the goods are not physically picked up within 20 calendar days after the customer’s pick-up confirmation, without notice and without financial consequences for either party.
4. In case of complaint or protest regarding the invoice, this must be sent registered to the supplier within 8 days after receipt of the invoice. All our invoices must be paid within thirty (30) calendar days after the invoice date for Belgian professional customers. For foreign professional customers, the invoice must be paid before pick-up unless otherwise agreed in writing. In the absence of effective payment on that day, the following will automatically apply and after formal notice::
(a) For customers who are consumers, interest equal to the legal interest rate until the date of effective payment.
(b) For professional customers with a VAT number, an interest rate of 10.5% per month until the date of effective payment.
In case of non-payment within 6 weeks after the invoice date, the customer is also automatically and after formal notice liable for compensation of 10% on the total amount (with a minimum of 25 EUR). The supplier has the right to claim higher compensation if it can be proven that higher damage has been incurred.
5. Goods/services are delivered within the period specified in the agreement. If goods are delivered by the seller, the risk transfers at the time of delivery. If goods are to be picked up by the customer, the risk transfers at the time of pick-up. Goods remain the property of the seller until full payment of the principal amount, costs, and interest.
6. Upon receipt of the goods and services, the buyer is obliged to carry out a thorough inspection immediately after delivery or pick-up. Visible defects must be reported to the seller as soon as possible and in any case within 15 calendar days after delivery or pick-up via registered letter. This notification must contain a detailed description of the defects.
For hidden defects, a similar procedure applies, but with a shorter deadline. The buyer must report hidden defects to the seller within 5 calendar days of discovering them via registered letter. This notification must also describe in detail what the hidden defect entails.
After these specific deadlines, the seller is only responsible for hidden defects that demonstrably impair the functionality of the item, provided that the goods have not been processed and that the seller was or should reasonably have been aware of these defects. The distinction between visible and hidden defects helps both parties address and resolve any issues within reasonable timeframes.
7. If the invoice is issued at the customer’s request in the name of a third party, the customer remains jointly responsible for payment.
8. Het Boerenerf bv remains the owner of the delivered goods until the customer has fulfilled all obligations under the agreement with Het Boerenerf bv, including payment of the full purchase price, any surcharges, interest, taxes, costs, and compensation due under these conditions or the agreement. The goods can be reclaimed when the buyer fails to pay the full purchase price. In the case of resale of the goods, the retention of title extends to all claims that replace the encumbered goods (including the claim from the transfer thereof). All risks remain with the buyer.
9. There is no empty deposit on the bottles.
10. All agreements are deemed to be concluded at the address of Het Boerenerf, at 1654 Huizingen, Sollenberg 3.
11. The nullity (or invalidity) of a clause will be limited to that clause and will not affect the other provisions of the agreement. The parties undertake to make all necessary efforts to replace a clause that proves to be void or unenforceable with a clause that closely aligns with the result that the voided clause aimed to achieve.
12. Belgian law is exclusively applicable. Any disputes arising in the context of this agreement can only be brought before the courts of the Brussels district.
13. Any discounts will be calculated on the net product value of the goods, excluding excise and VAT.
Individuals
Article 1: Applicability
1.1 These terms and conditions apply to all offers, orders, and agreements concluded via the website of Boerenerf, unless otherwise agreed in writing.
1.2 By placing an order, the consumer agrees to these terms and conditions.
Article 2: Steps for Concluding the Online Contract
2.1 Authentication: The consumer can choose whether or not to authenticate on the website. Creating an account is not mandatory. Upon authentication, the consumer can optionally subscribe to the newsletter.
2.2 Ordering: The consumer goes to the product page and can select products and quantities. It is possible to add products to the shopping cart and review them.
2.3 Modification and Cancellation of the Order: The consumer can remove items or modify the entire order before proceeding to the final payment page.
2.4 Order Confirmation: After confirming the shopping cart, the consumer completes the purchase process according to the payment terms of Boerenerf.
2.5 Shipment of the Order: The consumer selects the shipping method and accepts the general terms and conditions.
2.6 Receipt of the Order: The order will be shipped via our selected carriers and the consumer will receive it in accordance with the delivery terms.
Article 3: Payment Terms
3.1 Prices are in EUR, including VAT, and are stated on the website, unless there is an obvious material error or system glitch.
3.2 In the event of pricing errors, Boerenerf will inform the customer as soon as possible and offer the option to confirm the order at the correct price or to cancel it free of charge.
3.3 Prices exclude shipping costs, which are described in detail in Article 9.
3.4 Available payment methods include:
- Bancontact
- Visa
- Mastercard
- Maestro
- American Express
- iDEAL
Article 4: Delivery Times
4.1 As we process our packages manually and traditionally twice a week (on Mondays and Wednesdays), the handling time is 1 to 5 working days after payment and confirmation of the order.
4.2 After transfer to the transport service, the transit time within the Benelux is typically 1 to 2 working days. For other European destinations, this may vary by country.
4.3 The consumer is responsible for providing the correct address details and for receiving the package (including any age verification required by the courier). If a package is returned to Boerenerf because it was not picked up from a parcel shop or due to an incorrect address, the costs for a potential re-shipment will be charged to the consumer.
Article 5: Transfer of Ownership and Risks
5.1 The risk of loss or damage to the products transfers to the consumer at the moment the consumer (or a third party designated by them) takes physical possession of the goods.
Article 6: Right of Withdrawal (Exclusion of Returns)
6.1 All our products (lambic, geuze, cider, mead) fall under the category of foodstuffs and alcoholic beverages. In order to guarantee the strict quality and storage standards of our craft products, all bottles are legally fully excluded from the right of withdrawal.
6.2 Once the products have left our farm, we can no longer control the storage conditions (such as temperature and light exposure). Physical returns of bottles are therefore not accepted after shipment (No returns accepted).
6.3 In the event of an incorrect delivery or a manufacturing defect, this will be fully resolved in accordance with the procedure in Article 9.3.
6.4 Since our products are living, artisanal beverages subject to natural flavor variations, subjective taste preferences or the fact that a specific blend does not meet personal expectations are explicitly excluded from the definition of a manufacturing defect or product flaw.
Article 7: Legal Warranty
7.1 Boerenerf guarantees that the products comply with the agreement, the reasonable requirements of reliability, and the legal provisions.
7.2 Any defects must be reported in writing within a reasonable period (at most within 2 months) after discovery.
7.3 The warranty does not apply if the products have been handled carelessly, stored too warmly, or incorrectly treated by the consumer after delivery.
Article 8: Age Restriction
8.1 Orders on our webshop are exclusively permitted for persons aged 18 or older.
8.2 By placing an order containing alcohol, the consumer explicitly declares to be 18 years of age or older. Boerenerf reserves the right to cancel orders or refuse delivery if there is doubt regarding the legal minimum age of the recipient.
Article 9: Shipping Rates & Damage Handling
9.1 Shipping costs are calculated based on the country of destination and the total order value.
9.2 Overview of shipping rates within Europe:
Belgium, Netherlands, Luxembourg (BE, NL, LU): €9.00 for orders under €85.00. FREE from €85.00.
Germany, France (DE, FR): €13.50 for orders under €125.00. €6.50 for orders from €125.00.
Italy, Austria (IT, AT): €25.00 for orders under €250.00. €12.50 for orders from €250.00.
CZ, DK, EE, ES, HU, LT, LV, PL, PT, SI, SK: €40.00 for orders under €250.00. €20.00 for orders from €250.00.
Bulgaria, Finland, Greece, Romania, Sweden (BG, FI, GR, RO, SE): €50.00 for orders under €250.00. €25.00 for orders from €250.00.
9.3 Breakage or defects upon delivery: If a bottle is unexpectedly damaged during transport (glass breakage), you do not need to return it to us. Please send a clear photo of the damaged packaging/bottle to info@boerenerf.bio within 7 days of receipt. After verification, we will immediately send you a replacement bottle free of charge or refund the purchase price of the bottle concerned. If the outside of the box is already visibly damaged or wet upon delivery, we kindly ask you to report this immediately to the courier or to refuse the package. Photos of the damage must always show the original shipping box as well as the damaged bottles.
Article 10: Privacy Policy
10.1 This policy informs users about the processing of personal data and their rights.
10.2 Personal data is collected and processed lawfully, transparently, and in accordance with applicable privacy legislation (GDPR) for the handling of your order.
10.3 Users can exercise their rights according to the relevant legislation.
10.4 Boerenerf reserves the right to modify the policy to comply with legislation.