General Terms of Service
Voor de Nederlandstalige versie van onderstaande policy, klik hier
Sections within this policy include:
- 1. Introduction
- 2. Definitions
- 3. Registration & Personal data usage
- 4. Products & Information
- 5. Boxes & Packaging
- 6. Purchase
- 7. Pricing
- 8. Payment
- 9. Personal consumption
- 10. Professional customers
- 11. Legal Notices
- 11.1 Sales & Delivery of alcohol
- 11.2 Limitations of liability
- 11.3 Circumstances beyond 3 Fonteinen’s control
- 11.4 Legal framework & Disagreements
- 11.5 Intellectual property
- 12. Contact & Banking details
- 13. Additional information
The terms of service and related policies as described below and throughout this website are applicable and limited to all orders, sales and deliveries and generally put – services – offered through this e-commerce website (“webshop”), unless explicitly stipulated or explicitly agreed upon differently.
These services are provided by 3 Fonteinen NV, with its registered office at Molenstraat 47, 1651 Lot (Beersel), Belgium, RPR Brussels (Dutch), and under company number BE0474.218.746. Hereafter both the commercial name “Brouwerij 3 Fonteinen”, and the generally accepted popular names “3 Fonteinen” and its abbreviation “3F” refer to 3 Fonteinen NV.
Completing the order process and payment transaction implies acceptance of all mentioned terms, conditions and policies. The lack of a traditional signature does not affect the binding and obligatory character of the execution of each party’s commitments in the order transaction and acceptance of these terms and conditions.
Only Belgian law applies to the offerings, agreements and terms and conditions of 3 Fonteinen NV.
BUYER: the natural person that uses the services provided on the webshop and/or closes a sale through the webshop and is legally linked to at least the billing address as provided during the sales process. Also referred to as “customer”, “consumer” or “user”.
SHIPPING PARTNER: the party responsible for the act of sending a parcel to the buyer – by any means possible to the shipping address as provided during the sales process. References like “courier”, “delivery” etc., refer to the same principle.
WORKING DAYS: all calendar days except for Saturdays, Sundays and (Belgian) public holidays
3. Registration & Personal data usage
The setup of a user account is required.
The data and information acquired through the newsletter, the website or the webshop can be used for purposes of identification, contact information and for offering personalised services such as after-sales support and future developments, as well as for direct marketing purposes, allowing 3 Fonteinen to regularly inform the buyer about promotions, news, new features, optimisations and improvements. These data will not be shared with external or third parties.
It is each buyer’s responsibility to keep username and password confidential. The wrongful use of the webshop features on the account of the user / buyer, through a validated yet unintentional login (i.e. a login by another person or third party different from the actual buyer) cannot be held against 3 Fonteinen.
3 Fonteinen can disable any registration at any time or cancel registration at any time and deny further access to its services. 3 Fonteinen cannot be obliged to communicate the reasons for such disabling, cancellation or denial of service.
4. Products & Information
The range of products is valid as long as stocks last and can be altered or cancelled at any moment by Brouwerij 3 Fonteinen. As from the moment that an item is sold out, this will specifically be indicated on the webshop. In the occasional event that an item is physically not available anymore while the webshop indicates differently, 3 Fonteinen commits to finding a solution in accordance with the buyer’s wishes. This may result in, among others, reimbursement of the affected items, longer delivery windows in case the same item can be produced again, replacement with another item etc.
Displayed products may vary with the product that will eventually be delivered. 3 Fonteinen commits to keeping the catalogue and image bank up to date on a continuous basis. The buyer acknowledges the highly artisanal nature and handcraftsmanship of most merchandise products; dissimilarities in comparison with the displayed product image due to this nature can exist. The buyer has the right to return the product within 14 calendar days, counting as from the day of the delivery of the parcel.
3 Fonteinen reserves the right to change price, contents, compositions and all other product availability and information without any prior notice.
5. Boxes & Packaging
Brouwerij 3 Fonteinen will package the goods with the highest possible care.
As for the beer parcels, two different types of cardboard boxes have been made to tailor beer shipping in such a way that they offer stability and sturdiness. They are composed of an inner box and outer box to respectively hold 6 x 750 ml and 12 x 375 ml bottles. These boxes withstand impacts that comply to (inter)national shipping standards and take into account the maximal heights and “drop norms” as agreed upon among all shipping and courier industry players worldwide.
As for the merchandise parcels, 3F will carefully select tailor-made boxes and/or other packaging materials in function of the type of selected products and the number of products to ship. The use of additional material to fixate the products in the box are included.
These terms and conditions exclusively apply to online purchases as carried out through this specific webshop.
Brouwerij 3 Fonteinen reserves the right to refuse an order or to subject it to extra checks and conditions, for instance in case of large orders on the same user account, orders placed by minors and/or other infringements against the stipulated terms and conditions of the 3F webshop, etc. This list is non-limitative.
All orders are confirmed by e-mail. The purchase transaction is only established at the moment that the buyer has received such a confirmation e-mail.
3 Fonteinen can cancel any order at any time. 3 Fonteinen cannot be held to communicate the reasons for such cancellation.
The prices on the webshop are displayed in € (euro).
These prices include, on top of the physical shop price of the item(s), all packaging, handling, administration & payment transaction fees and excises. The displayed price also includes an insurance fee for the package and its contents, calculated on the total price of each item and completed order. As of July 1st 2021, following the new EU guidelines, all mentioned prices are excluding taxes.
The pricing is exclusively applicable to the articles as described in written. Possible depictions are only added as an indication and can hold elements or articles that are not included in the pricee.
The shipping fees are displayed separately and calculated by weight and by country of destination; 3F does not take any uplift on these fees. The shipping fee will be updated in the check-out process.
The conversion from euro to the buyer’s local currency is at the expense of the buyer. The conversion is made with the payment provider and might differ daily, if not more frequent.
The information regarding products and pricing, as well as the detailed ordering information are drafted and communicated under approval of modifications and corrections. Despite the fact that the webshop has been set up with the highest possible care(fulness), it still is possible that the information at hand is incomplete, contains material mistakes or is not up to date. 3 Fonteinen cannot be held responsible for such material errors, typesetting or misprint errors.
We are only liable for the order after this was confirmed by e-mail and on the condition that payment was received within 14 days. 3 Fonteinen reserves the right to refuse an order without prior notice or to change the delivery windows, split deliveries or to appropriate other conditions to the delivery.
Payments are to be made upfront and through the available methods of payment. Payments will be fulfilled through Shopify Payments. The cards and payment methods that are currently supported are:
- American Express
3 Fonteinen NV remains owner of the products until payment has been completed.
If 3F has not received any payment after 14 calendar days, the order will be cancelled.
9. Personal consumption
By purchasing beers and/or alcohol products on the 3F webshop, the buyer acknowledges that these are exclusively for personal consumption (i.e. drinking individually, presenting it as a gift, sharing with friends old and new etc.). Trading and selling these bottles at face value are allowed. 3 Fonteinen believes that these latter – with the explicit emphasis on the notion of “face value” – reinforce the culture of real traditional and authentic beer experiences.
Reselling the beers with the faintest perspective of making a profit directly or indirectly (e.g. through steeped shipping fees) will not be tolerated. Therefore, Brouwerij 3 Fonteinen explicitly reserves the right to completely reject any purchases made by persons of which exists the slightest suspicion of such wrongful attitudes and objectives; and/or to completely cancel the user registration on its webshop platform, as stated in points 3 and 6.
10. Professional customers
Bars, bottle shops, restaurants… that wish to engage in a direct business relationship with Brouwerij 3 Fonteinen are kindly invited to send an e-mail to email@example.com. The 3 Fonteinen team is geared to service these types of value-adding and valuable customers with a professional approach, in the same line of the quality consumers and customers expect from 3F.
11. Legal Notices
11.1 Sales & Delivery of alcohol
All products sold through the webshop of Brouwerij 3 Fonteinen are legally compliant with the Belgian legislation. Foreign customers ought to be ensured to consult the laws and compliances of their own country in case of any doubt about the legality of their purchase.
By placing an order, the buyer acknowledges that he is of legal age to buy and consume alcohol in the country and region of billing, delivery and consumption.
In case the buyer is buying alcohol products as a gift, he acknowledges that the receiving person or party is eligible to receive and consume alcohol in the country and region of delivery and consumption.
Delivery couriers are authorized to check the age of the recipient upon delivery, as they can request some form of identification. If the receiver of the alcohol products is unable to produce and appropriate ID, couriers can reserve the right not to hand over the parcel. 3 Fonteinen NV cannot be held liable for the non-delivery in such cases.
11.2 Limitations of liability
3 Fonteinen NV cannot be held liable in any circumstances of wrongful or irresponsible use of the sold items, consumables or alcohol products by the buyer. 3 Fonteinen NV cannot be held responsible for damages or injuries caused by them to third parties or by third parties.
An order that is placed, due to a human error or the manipulation of the system, for a purchase price that is below the actual item’s cost price, may be considered an ineligible order. If this happens, 3F can contact the buyer to correct the price of their order or to cancel the order.
Once a third-party service has been initiated and/or the respective payment transaction has been initiated or completed (e.g. shipping), these expenses are considered spent and are therefore non-refundable. As such, these costs – payment, transaction and delivery fees – cannot be held against 3 Fonteinen.
Complaints, in order to be receptive, need to be sent in the following time frames:
- in case of a complaint of non-conformity: maximum 8 days after delivery;
- in case of hidden flaws: within maximum 8 days after the discovery of such a flaw or after the moment at which such a discovery could reasonably have happened.
The act of receiving the goods by the buyer covers every possible flaw or non-conformity that could have been determined at that moment.
If a complaint is accepted, our liability is limited to exchanging the goods or reimbursing the face value of the goods. The liability of the seller is limited to the amount paid for every order.
In case of forward shipping by third parties (referred to as so-called proxy services / proxies / proxying), 3 Fonteinen NV is only liable up to the delivery of the goods at the shipping address as provided in the purchase process. 3 Fonteinen NV cannot be held responsible nor accountable - whatsoever – for the quality of the service, the state of the goods and the respective shipping processes, subject to and proper to the use of such proxy services.
The information on this site has a general character. It has not been adapted to personal or specific circumstances and therefore cannot be considered as personal, professional or legal advice to the buyer.
3 Fonteinen NV makes every possible effort to provide correct, accurate and up-to-date information. Despite these efforts, inaccuracies can occur in the information provided on the webshop. If the information is inaccurate or if parts of the information is unavailable on the website, Brouwerij 3 Fonteinen will do its utmost to rectify this without delay. Please use firstname.lastname@example.org as the primary e-mail address to signal such incomplete, inaccurate or outdated information.
3 Fonteinen NV cannot be held liable for direct or indirect damage caused by the information on this website.
3 Fonteinen NV cannot be held responsible for a bad operation, temporary unavailability of the website or for any delay, service disturbance or damage caused by third parties or access by or use of the website by third parties.
3 Fonteinen NV can never be held responsible directly or indirectly for damage caused by the use of this website or other websites, especially as a consequence of links or hyperlinks, including all loss, interruption of work, damage to programs and other computer system data, machinery programs etc. As such, the webshop can contain hyperlinks to sites or pages of third parties or refer to these indirectly. Putting the links to these sites or pages does not imply any approval of their contents. 3 Fonteinen NV clearly states it has got no control over the characteristics of these sites and can never be held responsible for the contents or the characteristics of them, nor for any damage caused by using them.
The contents of this webshop, its services or terms and conditions (or any part thereof) can be adapted or modified or terminated at any time and without prior notice and without compensation, as far as 3F carries out the undelivered orders. 3 Fonteinen is not liable to the buyer or to any third party for any modification, price change, suspension or discontinuance of the service as described in these terms, conditions and policies.
11.3 Circumstances beyond 3 Fonteinen’s control
External causes exist – anticipated or not – on which 3 Fonteinen cannot exert any influence, yet which make it impossibility for 3 Fonteinen to meet its commitments.
3 Fonteinen has the right to appeal to circumstances beyond its control if the circumstances that make it impossible to meet its commitments occur after 3 Fonteinen should have met its commitments.
In such situations, delivery and other obligations of 3 Fonteinen are cancelled. If this period is longer than 8 weeks, both parties can undo the agreement, without any obligation of compensation.
11.4 Legal framework & Disagreements
Only the terms and conditions, as drafted in Dutch, are legally valid. The original Dutch version of these terms and conditions may have been translated into other languages. The translated version(s) is (are) a courtesy and office translation only and one cannot derive any rights from the translated version(s). In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the Dutch version and any other non-Dutch version, the first will be leading, applicable, prevailing and conclusive. The respective translations of the terms and conditions are for informational purposes only and cannot be used in a litigation.
The respective translations of the terms and conditions are for informational purposes only and cannot be used in a litigation.
Exclusively Belgian Law applies on all offers and agreements, without giving effect to any principles of law. All disagreements originated by offers or deals made by 3 Fonteinen NV shall be filed only before the authorized Court of Justice of Brussels, unless an imperative statutory provision indicates another jurisdiction as authorized.
11.5 Intellectual property
The contents of this site, including brands, logos, drawings, data, names of products or companies, texts, images etc. are protected by intellectual rights and belong to 3 Fonteinen NV or third parties who own the rights.
12. Contact & Banking details
|Bank Account Number:||
IBAN: BE45 3631 8651 6589