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  1. These are the general terms and conditions of sale of the public limited liability company (“naamloze vennootschap”, abbreviated to “NV”) Duvel Moortgat, having its registered office at Breendonk-Dorp 58, B-2870 Puurs-Sint-Amands, Belgium, with enterprise number 0400.764.903 (the “Company”). These general terms and conditions of sale apply to all customer orders placed with the Company, to the exclusion of any general terms and conditions of the customer, unless expressly agreed otherwise.

Order and delivery

  1. In order to be binding on the Company, it must confirm each order. This confirmation may also be tacitly indicated by execution of the order.
  1. Unless expressly agreed otherwise, the delivery and collection times, to be calculated from the date of order, are as follows:
  1. Deliveries outside Belgium: the delivery period is determined in consultation with the purchaser.
  1. Deliveries within Belgium: the delivery period is four (4) business days. 
    1. Pick up at the Company: customers can pick up their order after two (2) business days at the earliest.

      Business days are all calendar days excluding Saturdays, Sundays and public holidays in Belgium. In the event of an extension of the delivery or collection times, the Company will inform the purchaser. Such delays do not give rise to cancellation of the order, compensation by the Company or other sanctions.
  1. The ordered goods are delivered according to DAP (INCOTERM). When the ordered goods are collected by the customer from the Company, this is done EXW.    
  2. Complaints about the delivered goods must be submitted in writing to the Company within 5 days of receipt of the ordered goods, by email to [email protected] or by letter to Duvel Moortgat NV, Breendonk-Dorp 58, B-2870 Puurs-Sint-Amands. If the Company has not received any written complaints within this period, the delivery shall be deemed to have been accepted by the purchaser and the Company shall be fully released from any liability for apparent defects or non-conformity.

Payments

  1. All invoices are payable at Puurs-Sint-Amands or in accordance with the payment details on the invoice. Any exchange rate risk is borne by the purchaser.
  2. Agents or representatives of the Company cannot collect the amount of the invoice, unless expressly notified in writing by the Company to the purchaser by email or by registered letter.
  3. Invoices are payable within 30 days of the invoice date, unless expressly agreed otherwise in writing. In the event that purchaser contests the invoice, he must send a written and motivated notice of disagreement no later than 5 days after receipt of  the invoice.
  4. Any amount that remains unpaid on the due date of the invoice will by operation of law (“ipso iure”) and without notice of default be subject to interest calculated on the basis of the reference interest rate as determined in Article 5 of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, increased by 2% and with a minimum interest rate of 12%. In addition, the amount not paid in time will be increased by 10%, by operation of law (“ipso iure”) and without notice of default, with a minimum of EUR 40, by way of a lump sum and irreducible liquidated damages provision, not including judicial recovery costs. The Company reserves the right to off-set any amount that remains unpaid on the due date, increased in accordance with this article 9 as the case may be, with any discounts which are due to the purchaser. The Company reserves the right to suspend future deliveries of goods as long as amounts unpaid on the due date of the invoice have not been settled.
  5. Non-payment of one invoice by the due date makes the owed balance of all other invoices, including non-overdue invoices, immediately payable by operation of law (“ipso iure”).
  6. If the purchaser does not fulfil its obligations, the Company may by operation of law (“ipso iure”) and without notice of default rescind the sale by registered letter to the purchaser, without prejudice to its rights to all damages and interests.
  7. If the Company’s trust in the creditworthiness of the purchaser is undermined by legal actions against the purchaser and/or demonstrable other events that call into question confidence in the proper execution by the purchaser of the concluded agreements and/or make such impossible, the Company retains the right – even if the goods have already been entirely or partially sent – to suspend the entire order or a part thereof, and to demand suitable guarantees from the purchaser. If the purchaser refuses to do this, the Company reserves the right to cancel the entire order or a part thereof. All of this without prejudice to its rights to collect all damages and interest.

Retention of title

  1. The goods remain the property of the Company until full payment of the purchase price of the goods. All risks shall be borne by the purchaser from confirmation of the order of the goods by the Company.
  2. In the event of rescission of the sale, the advances paid remain acquired by the Company to compensate for possible losses in the event of resale.

Packaging

  1. All reusable packaging, such as bottles, barrels/kegs, cases, crates, pallets, etc., that are also delivered to the purchaser, are and remain the property of the Company, unless otherwise agreed. The purchaser is not permitted to affix other marks to the packaging, except with the express written permission of the Company.
  2. The purchaser shall return the packaging to the Company in good condition, in accordance with its guidelines. Upon return, the purchaser will sort the packaging by contents (20L, 30L, 50L), fitting (Alumasc, Sankey) and brand (Liefmans, Achouffe, Moortgat, etc.).  When returning crates, the purchaser  may only fill the crates with corresponding empty bottles. The purchaser will fill each pallet with only one type of crates or barrels, respecting the Company's stacking pattern.
  3. When the Company receives the packaging from the purchaser in good condition and without damage, the deposit paid by the purchaser will in the first place be set off against the balance of all overdue and outstanding amounts still owed to the Company. If there are no (more) amounts due, (the surplus of) the deposit will be refunded to the purchaser’s account.
  4. If the packaging is not returned within 8 days after the Company has sent a registered letter to that effect, or if the packaging is damaged, the Company can claim damage compensation in the amount of the new price of the packaging concerned, less the deposit amount already paid by the purchaser.

Other

  1. In the event that the purchaser resells the Company’s goods, or even incorporates them, it assigns all debt claims arising from this resale to the Company as pledge for its overdue invoices.
  2. Drawing and/or accepting bills of exchange or other negotiable instruments by the Company does not imply novation and does not constitute an exception to these terms and conditions of sale.
  3. Any discounts are calculated on the net product value of the goods, excluding excise duty, VAT and returnable deposit.
  4. The invalidity or unenforceability of one of the provisions in these general terms and conditions of sale does not result in the invalidity or unenforceability of the other provisions or of the general terms and conditions of sale in their entirety.
  5. In the case of ambiguities or contradictions, the Dutch version of these general terms and conditions of sale takes precedence over all other language versions.
  6. In the event of a dispute, the courts of Mechelen or the courts of the purchaser’s domicile, at the discretion of the Company, have sole jurisdiction. Belgian law always applies.
  7. More information about the processing of personal data and rights as a data subject can be found in the privacy policy of the Company or by contacting us at [email protected].