Terms of service

A Toast To Life BV, trading as “Whisky Estate”, a private limited liability company organized and existing under Belgian law, with registered office at Rubenslei 30, bus 9, 2018 Antwerp (Belgium), Reyndersstraat 53 and registered with the Crossroads Bank of Enterprises under number 1003.094.222 (hereinafter referred to as “Whisky Estate”) is a company active in the sale of whisky and other alcoholic beverages.

Whisky Estate can be contacted via +32475550211 or sales@whiskyestate.com.

The customer can be any person that enters into a contractual relationship with Whisky Estate by acquiring products exclusively for non-professional purposes (hereinafter referred to as the “Customer”) via www.whiskyestate.com (hereinafter referred to as the “Webshop”). 

Clause 1 – Applicability 

1.1       Safe as explicitly agreed otherwise in writing, these general terms and conditions shall apply to all purchases and orders made via the Webshop.  

1.2       Placing an order on the Webshop implies full knowledge and unconditional acceptance of Whisky Estate's general terms and conditions. 

1.3       Whisky Estate reserves the right to amend these general terms and conditions at any time in accordance with economic and legal necessities. The amended terms and conditions will apply to any agreement entered into thereafter but will in no event affect orders which have already been confirmed by Whisky Estate. 

Clause 2 – Orders

2.1       The Webshop contains an accurate description and illustrations as accurate as possible of the products offered. Certain non-substantial characteristics of a product may on delivery differ from the descriptions and illustrations as displayed on the Webshop. Colours may also vary slightly, depending on the lightning and settings of the computer screen used.  

2.2       Whisky Estate is not bound by descriptions of products which are clearly affected by an error or mistake, such as obvious errors in the quotation.

2.3       Products are only available as long as the stock lasts. If the Customer orders a product through the Webshop that is out of stock, Whisky Estate will inform the Customer as soon as possible by e-mail or by phone and the Customer shall have the right to cancel the order against reimbursement. Whisky Estate shall in no event be liable for damages that resulting from a temporary or permanent unavailability of a product. 

2.4       In order to place an order on the Webshop, the Customer must be at least of legal drinking age. If Whisky Estate notes that the Customer is younger than this legal drinking age, the order will be cancelled. 

2.5       Whisky Estate is free to periodically modify the products available on the Webshop and is not obliged to continue offering any specific product or type of product.

2.6       Orders can only be processed if the Customer clearly identifies itself by filling in its address and invoice details in the contact form. These details must always be up to date and truthful. The order will be delivered in accordance with the contact form as filled in by the Customer.

Clause 3 – Agreement 

3.1       To enter into an agreement with Whisky Estate via the Webshop, the following steps must be taken:

-      the Customer must add the products he or she wishes to purchase to the shopping cart, confirm that he or she is of legal drinking age,  and then proceed to checkout;

-      in case the Customer does not have an account on the Webshop, he or she shall fill in the address and billing information requested through the designated contact form, to which the order can be delivered and invoiced;

-      once the Customer has filled in the required information, the Customer shall select the desired payment method;

-      then, the Customer shall confirm the acknowledgement and agreement with the general terms and conditions, which will be presented to him or her in PDF format with the possibility to download and save;

-      after that, the Customer shall confirm the order;

-      the Customer will be redirected to the website of A Toast to Life's payment service provider, depending on the chosen payment method, which will handle the payment to A Toast to Life;

-      once A Toast to Life receives the payment, it will confirm the order by e-mail to the e-mail address provided by the Customer during the ordering process. At this point, a binding agreement is formed between the Customer and A Toast to Life.

3.2       Whisky Estate and the Customer expressly agree that a binding agreement may be concluded by electronic means. The absence of a signature does not affect the binding force of the offer and its acceptance. Whisky Estate's electronic files serve as proof in this respect, in so far as permitted by law. 

Clause 4 – Right of withdrawal

4.1       The Customer can exercise its right of withdrawal within 14 (fourteen) days after delivery of the product without giving any reason(s) and without any indemnity, on the condition it has only unpacked the product in order to inspect it as would be possible in a physical shop in order to decide whether the Customer wishes to keep the product or not. 

The Customer however shall not be entitled to exercise the right of withdrawal in respect of alcoholic beverages that have already been ordered at a time when they were not yet available on the market and whose delivery can only take place 30 (thirty) days after the order date (article VI.53.7° Economic Law Code).

4.2       If the Customer wishes to exercise its right of withdrawal, it is obliged to report this to Whisky Estate by using the model withdrawal form, as made available on the Webshop, or by means of an email to sales@whiskyestate.com indicating the order number, the product(s) the Customer wishes to send back and whether the Customer wishes to return or exchange it. Whisky Estate shall assess the request of the Customer and shall provide further instructions for return. 

4.3       The product must then be returned to Whisky Estate within 14 (fourteen) days as from the day on which the Customer has notified Whisky Estate of its decision to withdraw from the agreement. The product has to be returned in an original, complete, undamaged and unused condition, taking into account the return instructions. All accompanying documentation, (a copy of) the order form and packaging materials must be enclosed with the return. If the Customer fails to comply with these conditions, Whisky Estate shall repay the price of the returned products reduced with the associated costs.

4.4       The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Customer.

4.5       The costs in relation to the return of the product(s) shall be borne by the Customer.  

4.6       Whisky Estate shall not be liable for any damage, theft or loss of the products, as a result of the return of the products. 

4.7       Provided that the Customer has exercised the right of withdrawal in accordance with the previous paragraphs, Whisky Estate shall repay the price paid by the Customer (except - for the avoidance of doubt - any costs relating to the return of the products and, if applicable, any costs relating to any damage to the products) within a period of 14 (fourteen) days upon receipt of the products by Whisky Estate or, if earlier, after the Customer has showed evidence that the products have been returned, by the same means of payment as used by the Customer. 

Clause 5 – Prices 

5.1       The prices as shown on the Webshop are VAT-inclusive. Whisky Estate unfortunately does not have control over additional duties, taxes, customs fees or similar charges (which vary in each country), that will be the sole responsibility of the Customer.  

5.2       The prices are excluded delivery costs which shall be paid by the Customer. The calculation of the delivery costs is indicated at the time of purchase.  The Customer acknowledges that choosing for 'express delivery' will incur additional costs.  

5.3       The prices are expressed in EURO.

5.4       Safe in the event of errors, the prices will be charged as stated at the time of the order. In the event of a price error, Whisky Estate will inform the Customer by email within 30 (thirty) days upon confirmation of the order. Where applicable, the Customer will have a choice to either accept the new (correct) price or cancel the order and receive a refund of the price that is already paid. In the absence of a reply from the Customer within a period of 7 (seven) days upon notification, the order will automatically be cancelled. 

5.5       The indication of the price relates exclusively to the products as they are described verbatim. The accompanying illustrations are decorative and may contain elements that are not included in the price.  

5.6       Whisky Estate may, at any time and without any notice, adjust the prices as displayed on the Webshop. A price adjustment will however not be applied to orders already placed.  

Clause 6 – Payment

6.1       Unless agreed otherwise in writing, the invoices of Whisky Estate will be payable immediately by means of a wire transfer to the bank account of Whisky Estate. Products will be dispatched upon reception of the payment.

6.2       Payment must be made in accordance with one of the following payment methods (stating any costs associated with their use): 

-     Bancontact,

-     Visa,

-     Mastercard,

-     Maestro

-     Ideal

-     American Express, or

-     PayPal.  

The general terms and conditions of the payment system ‘Shopify Payments’ apply to the payment. If a credit card payment method is chosen, it is subject to the conditions of the card issuer.

Clause 7 – Delivery 

7.1       The date of delivery as specified by Whisky Estate shall be binding and, in the absence of an agreed delivery date, a maximum delivery period of 30 (thirty) days shall always apply as from the day the order has been confirmed by Whisky Estate.

 

In the event that Whisky Estate does not deliver the order within the maximum period of 30 (thirty) days, for whatever reason, the Customer is entitled to request delivery within an additional period that is appropriate given the circumstances or to cancel the order and receive a refund within 30 (thirty) days of notification of the price paid. If Whisky Estate does not deliver the products within the agreed additional period, the Customer will be entitled to cancel the order free of charge, without legal intervention and with a simple notification, and to receive a refund within 30 (thirty) days of notification of the price paid.  

 

7.2       The products shall be delivered at the address specified in the contact form. In the latter case you will have to provide your order number.

 

7.3       Delivery is deemed to take place at the time the products are offered the first time to the specified delivery address.

 

7.4       Delivery shall be deemed to have taken place at the moment the Customer physically takes possession of the products. If delivery is unsuccessful due to the fault of the Customer, any costs associated with new delivery attempts shall be borne by the Customer.

 

7.5       If multiple products are ordered, Whisky Estate reserves the right to deliver each product separately. However, Whisky Estate undertakes to do its utmost to deliver the multiple products at once.

 

7.6       The risk for loss or damages pertaining to the products will be transferred to the Customer as soon as they are delivered to the Customer.

 

Clause 8 – Warranty and complaints 

8.1       Whisky Estate warrants that the products delivered shall conform to the description and specifications as stated on the Webshop, subject to the limitations set forth in Article 2.1.

8.2       The Customer undertakes to inspect the products immediately upon delivery for conformity with the agreement and visible defects. Any lack of conformity between the agreed products and the products delivered must be communicated in writing to Whisky Estate without delay and no later than 8 (eight) days after delivery.

8.3       Complaints regarding hidden defects must be communicated to Whisky Estate by the Customer by registered letter no later than 2 (two) months after the discovery of such defects, failing which the right to make such complaint shall lapse.

8.4       Complaints regarding non-conformities in accordance with consumer legislation must be communicated by the Customer to Whisky Estate by registered letter within 2 (two) months after discovery thereof and no later than 2 (two) years after delivery, failing which the right to make such complaint shall lapse.

8.5       The complaints must be described in great detail.

8.6       Remedy

8.6.1   In the event that products supplied by Whisky Estate under the agreement with the Customer exhibit visible defects or to the extent that the Customer demonstrates that a non-conforming product was delivered, the Customer may only claim replacement, or performance of the agreement by equivalent if replacement is not possible, or dissolution of the agreement, whereby the Customer may only claim a form of compensation if it can be objectively demonstrated. 

8.6.2   In the case of hidden defects, the Customer may only claim a refund of the price of the defective product upon return thereof to Whisky Estate, or a price reduction, whereby the Customer may only claim a form of compensation if it can be objectively demonstrated.

8.6.3   In the case of a non-conformity in accordance with consumer legislation, (i) the defective products shall be repaired in kind, i.e. by replacement, (ii) if replacement is impossible for Whisky Estate or would entail unreasonable costs, the Customer may demand a price reduction or dissolution of the agreement, and (iii) the Customer may, if applicable, claim additional compensation if it can be objectively demonstrated.

8.7       Complaints regarding products that have been modified by the Customer or a third party after delivery or defects attributable to the Customer or a third party shall not be taken into consideration.

8.8       The Customer is obliged to enable Whisky Estate to investigate the complaint and must therefore provide his or her full cooperation.

8.9       The unconditional acceptance of the products delivered by Whisky Estate shall be evidenced by the unconditional use of the delivered products. 

Clause 9 – Data protection 

9.1       Whisky Estate shall process all personal data it receives from the Customer in accordance with the obligations relating to the processing of personal data, including the General Data Protection Regulation 2016/679 of 27 April 2016 on the protection of natural persons in connection with the processing of personal data and the free movement of such data.

9.2       If the Customer requires more information regarding the data processing by Whisky Estate, it can contact Whisky Estate via e-mail (sales@whiskyestate.com) or consult the privacy statement of Whisky Estate on its website.

Clause 10 – Intellectual property rights 

10.1    Whisky Estate retains all intellectual property rights to the Webshop and all its components, including but not limited to all texts, images, layout, data, software, names, trademarks, labels, and logos, whether registered or not.

10.2    Neither the Webshop itself nor the information offered on the Webshop may be stored, modified, published, distributed, transmitted, sold, transferred to third parties, or used in any form or manner without the prior written consent of Whisky Estate.

Clause 11 – Force majeure

11.1    Neither party shall be liable for any delay or failure to perform its obligations if such delay or failure is due to a force majeure event. The concerning party shall inform the other party in such case within a period of 5 (five) days after the commencement of the force majeure event. A force majeure event is any cause beyond the reasonable control of such party that prevents that party from performing under the agreement, temporarily or permanently, even if the cause was foreseeable. Without being exhaustive, a force majeure event includes: stock shortages, third party delays, defective machines, strike, lockout, fire, uprising, war, epidemic, flood, electrical, IT, internet or telecommunications failures and government related decisions.

11.2    In case of a force majeure event, the performance of obligations of the concerning party is suspended. Both parties will use best efforts to limit the consequences of the force majeure event. In the event either party is unable to resume performance of the applicable obligations within 30 (thirty) days of providing notice of a force majeure event, the other party may terminate the agreement immediately, without compensation to any party. 

Clause 12 – Liability

12.1    Except in case of wilful intent or gross negligence, Whisky Estate shall not be liable for immaterial, indirect or consequential damages, including but not limited to loss of profit or turnover, business interruption, loss of income, loss of customers, or any other form of damages.   

12.2    Whisky Estate shall not be liable for damages caused by errors due to third parties, the Customer or force majeure events. 

12.3    The total liability of Whisky Estate for direct damages will in any case be limited to the amount (including VAT) that was paid by the Customer for the product(s) under the related order. 

12.4    Nothing in this Article 12 shall exclude any liability for death or personal injury resulting from negligence.

Clause 13 – Assignment

13.1    The Customer acknowledges that Whisky Estate may assign or subcontract its rights and/or obligations under the agreement with the Customer. 

13.2    The Customer is not entitled to assign or subcontract his or her rights and/or obligations under the agreement with Whisky Estate to a third party without the prior written consent of Whisky Estate.

Clause 14 – No waiver

14.1    Waiver of any provision of these terms and conditions shall only be effective if it is in writing and signed by the other party.

14.2    Waiver of a specific provision of these terms and conditions shall in no event be deemed as a waiver of any other provision, nor shall it be interpreted as a continuing waiver.

Clause 15 – Severability

15.1    If any provision of these terms and conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, then such provision or part of it shall be deemed not to form part of these terms and conditions, and the legality, validity or enforceability of the remainder of these terms and conditions shall not be affected. If applicable, parties shall negotiate in good faith in order to replace the concerning provision with an enforceable, legal and valid provision that is as close as possible to the intention of the original provision.  

Clause 16 – Governing law and jurisdiction 

16.1    These general terms and conditions shall be governed by and construed in accordance with the laws of Belgium.  

16.2    The courts of Antwerp, division Antwerp shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these terms and conditions.