1.1. “Mosto”: Alessandra Teston’s company, having its registered office at 113, Drève de Nivelles, 1150 Brussels, registered in the register of companies under number BE.0650.601.269, which carries on business in particular under the commercial name “Mosto.”
1.2. “Website”: www.mosto.be and all websites that are affiliated with it or to which it refers (for example, but not exclusively: www.mosto.wine )
1.3. “Buyer” means any person, natural or legal, who buys one or more products through this website, places an order or requests an offer for this purpose.
1.4 “Terms and Conditions” means these terms and conditions of the sale and delivery.
2. APPLICATION OF THE GENERAL CONDITIONS
2.1. Access to and use of the Website are subject to these Terms and Conditions, as well as applicable laws and/or regulations. The General Conditions govern exclusively the relations between Mosto and the Buyer.
2.2. By using the Website, completing its digital shopping cart, placing an order and/or entering into a contract via the Website, Buyer declares that it has read, understood and accepted without reservation these General Conditions and marked its agreement on the processing of its data in accordance with Article 10 of the General Conditions.
2.3. Mosto rejects any other standard and condition, with the sole exception of the conditions which are the subject of a formal written agreement between Mosto and Buyer. These formally accepted written derogations are only valid for the agreement to which they relate and cannot be invoked for other possible agreements, even similar ones. Buyer agrees that these Terms and Conditions are the only conditions applicable, excluding its own general or specific (purchase) conditions, even if they determine that they are the only conditions applicable.
2.4. The possible nullity, nullity or non-enforceability of any provision of the General Conditions with the legal or regulatory provisions in force, shall not affect the validity of the other provisions and/or the rest of the provision. The entire or partially void, invalid or unenforceable provision shall be deemed unwritten and shall be replaced or deemed to have been replaced by a similar provision in accordance with the law and which shall, to the extent possible, perform the same function.
.5. Mosto has the right to modify these Terms and Conditions at any time. Buyer is required to regularly review these Terms and Conditions.
3.1. Only legal persons or natural persons aged 18 years or older may use the Website. Mosto reserves the right to request at any time written proof of the identity of the Buyer.
3.2. The contract will not take effect until the Buyer has placed an order on the site and Mosto has confirmed this order by email (hereinafter, “Order Confirmation”). In the Order Confirmation, the purchaser receives a summary of the order.
3.3. Mosto reserves the right to refuse orders, without having to give any reason.
4.1. The price quoted only refers to the products as described literally. Equipment, accessories and utensils not mentioned in the information of a certain product are not included. The related picture is displayed for decoration and may include items that are not included in the price shown.
4.2 All prices are expressed in euro and include VAT and excise duties, but excluding any shipping or delivery costs.
4.3 Mosto reserves the right to change the prices mentioned on the site at any time. However, the products are invoiced on the basis of the prices valid at the time of confirmation of the order.
4.4. Shipping costs are not included. They may vary depending on order value, delivery mode and lead time, and destination. During the online ordering process, it will be mentioned exactly how much shipping costs will be.
4.5. Additional charges related to the method of payment chosen by the Buyer may be charged by Mosto.
5. PROMOTIONAL OFFERS
All offers on the website, in catalogues, newsletters, notes, leaflets and other advertising presentations are given for information purposes only. Mosto can adapt or cancel promotions on the website at any time. In all cases, promotions are only valid while stocks last. Mosto is not bound by oversights and/or obvious errors in the offer. Although catalogues, the website and other advertising presentations are composed with the utmost care, they may include incomplete information, material errors, or not up-to-date. Mosto shall only comply with an obligation of means in terms of the accuracy, updating and completeness of the information proposed. Mosto is not responsible for any material, typographical or printing errors.
6.1. At the time of the order, payment will be made in accordance with the choice of the Buyer between the payment methods proposed in the online ordering procedure.
6.2. In the event that the method of payment chosen by the Buyer is not available, for example due to a lack of financial provision or the provision of incorrect information, the Buyer will reimburse any additional costs incurred by Mosto or by a third party in charge of the transaction.
6.3 Complaints concerning invoices must be sent, under a penalty of inadmissibility, to Mosto within 2 working days after the date of the invoice. These complaints do not relieve the Buyer of its obligation to pay.
6.4. By ordering a product, Buyer expressly accepts electronic invoicing by Mosto.
7.1. Delivery will be made by a transport service provider chosen by Mosto. The cost of carriage shall be borne exclusively by the Buyer and the amount of such costs shall be indicated to the Buyer at the time of the order.
7.2. Deliveries of orders shall take place within the period specified in the Order Confirmation to the Buyer. The delivery time, as well as that indicated on offers, orders and order confirmations, is, however, always indicated for information purposes and does not constitute an essential element of Mosto’s obligations vis-à-vis the Buyer. Exceeding the stated delivery period may never result in the payment of any compensation or the termination of the transaction between Mosto and the Buyer. In all cases, Mosto can never be held responsible for delays caused by the Buyer or third parties.
7.3. The order is delivered exclusively to the address specified in the order. In the event of the absence of the Buyer when delivering to the delivery address he has communicated, a message will be left by the transport service for contact between Mosto and the Buyer. After contact with the Buyer, a second attempt will be made to deliver the Products. The costs of this second delivery shall be borne by the Buyer. In the absence of any reaction on the part of the Buyer within five (5) working days after the first attempt or in the event of the absence of the Buyer on the second attempt to deliver, the Products shall be returned to the head office of Mosto. The costs of the return, as well as the related costs (such as, but not exclusively, taxes, VAT, retention costs, etc.), are on behalf of the Buyer.
7.4. Transport risks are borne by Mosto. The risks are transferred to the Buyer once the delivery has been made.
7.5. At the time of receipt of the purchased products, the Buyer shall immediately carry out a first verification. This immediate verification obligation relates to, among other things (purely illustrative), quantity, delivery compliance, apparent defects, exact location(s), etc. The Buyer must communicate directly verifiable deviations to Mosto in writing (via firstname.lastname@example.org) within 48 hours of delivery, under penalty of foreclosure, with the correct Delivery Note number and/or Order Confirmation. Otherwise, receipt of the delivered order constitutes acceptance of the quantities fixed in the purchase order, the conformity of the order and confirmation that the delivered products have not been damaged by delivery or transport.
7.6. The use, processing, repackaging, and/or resale of the products delivered by Mosto are considered to be the approval and acceptance of the products, have the final delivery value of the products in question, and exonerate Mosto from its liability.
7.7. In the event of damage caused to the products during the delivery or transport or delivery of products not complying with the order, notified to Mosto within the prescribed period and found by Mosto, Mosto will return to possession of non-compliant or damaged products and replace them as soon as possible and no later than 15 days from the date of notification of the problem.
7.8. Any replacement of the Products may not result in payment of any compensation or termination of the transaction between Mosto and the Buyer.
7.9. In no event shall Mosto assume any loss of quality or damage resulting from the improper handling or use of the Products by Buyer.
7.10. The Buyer is responsible for paying any costs caused by unjustified complaints.
7.11. For the HORECA sector, deliveries will generally take place on Wednesday morning (fixed delivery day).
8.1. Mosto shall not be liable in the event of non-substantial differences not affecting the quality of the product between the presentation photos, illustrations and descriptions of the products appearing on the website or the documentation and the products delivered. Similarly, Mosto’s liability cannot be incurred in the event that the products sold have been stored under abnormal conditions, or incompatible with their nature.
8.2. In no event shall Mosto be held liable for any indirect injury suffered by the Buyer as a result of a poor performance or a late non-performance of his obligations by Mosto. In particular, Mosto will not be liable for damages suffered by the Buyer as a result of a defect in the quality of the goods or a delay in delivery. In no event shall Mosto be liable for loss of profits, loss of business or loss of profits or any other indirect or unpredictable damage at the time of the order between Mosto and a Buyer. Mosto will not be responsible for any allergies or other skin or physical phenomena related to the use of the products. Mosto’s liability is in all assumptions, limited to the amount of the order which gave rise to liability.
8.3. In no event shall Mosto be liable for breach of its contractual obligations due to a fortuitous or force majeure event. Cases of force majeure include but are not limited to fire, flood, earthquake, storm, hurricane and any other natural disaster, exceptional climatic circumstances, nationalization, seizure, sanction of authorities, embargo, strike, lockouts, power failure, telephone, fax and internet break, terrorist activities, war, civil war, revolt, protest, revolution, strikes, machine stops and accidents or exceptional traffic accident, supply difficulties, failure of suppliers or carriers, fires … or any other unforeseen circumstances of foreign origin to the will or control of Mosto and which makes the performance of its obligations temporarily or permanently impossible. These events exonerate Mosto from all responsibility and offer him the possibility, as the case may be, to either reduce his obligations, to break the contract or to suspend its execution without being liable for any compensation.
8.4. In addition, the Buyer uses the website under its sole and complete responsibility. Mosto shall not be liable for any direct or indirect damages, such as, inter alia, material damage, loss of data or program, financial damage, resulting from the use of the website or website affiliated with it or the websites to which it refers. The Buyer is informed that certain products or consumption of alcoholic beverages may be subject to special regulations or even restrictions and/or prohibitions in certain countries. The Buyer must, therefore, ensure that the law of the country from which it connects authorizes the consultation of the website.
8.5. The Buyer is solely responsible for the resale of the purchased Products, and undertakes to comply with all obligations (legal and other) in this respect.
9. INTELLECTUAL PROPERTY
9.1. Mosto remains the exclusive owner of all the intellectual property rights it holds in respect of the products delivered by it. Mosto guarantees that it has the necessary licenses to offer its assortment of products.
9.2. The website and its components (in particular trademarks, logos, graphics, photographs, animations, videos, texts, etc.) constitute the property of Mosto. They are protected by intellectual property rights and may therefore not be reproduced, used or disseminated without the prior written permission of Mosto. The brands, marks, names, images and/or logos identifying Mosto or its products, as well as the products offered for sale on the website are protected by intellectual property rights. Nothing in these Terms and Conditions shall be construed as constituting a license of intellectual property rights.
10. PERSONAL DATA
10.1. The Buyer shall give the authorization to Mosto to record in an automated file the personal data communicated by the Buyer. This data will be used for information or promotion campaigns in relation to the products offered by Mosto. The Buyer shall give Mosto permission to communicate this data to third parties for the processing of the order.
10.2. The Buyer may at any time request the communication and correction of its data.
11. IMAGE RIGHTS
12. RIGHT OF WITHDRAWAL
12.1. The Buyer shall have a right of withdrawal in respect of the products purchased through the Website. According to Book VI Market Protection and Consumer Protection of the Code of Economic Law, the Buyer has the right to revoke the Convention, without giving reasons, within 14 calendar days. The withdrawal period shall expire fourteen calendar days after the day on which the Buyer, or a third party other than the carrier and designated by the Buyer, physically takes possession of the property.
12.2. In order to exercise the right of withdrawal, the Buyer must notify Mosto (113, Drève de Nivelles, 1150 Brussels, email@example.com) of his decision to withdraw from the contract by means of a declaration without ambiguity. In order for the withdrawal period to be respected, it is sufficient for the Buyer to transmit his communication concerning the exercise of the right of withdrawal before the expiry of the withdrawal period.
12.3. In the event of withdrawal by the Buyer of the Contract, the Buyer shall be reimbursed by Mosto of all payments made at that time, without undue delay and, in any event, not later than 14 calendar days from the day Mosto was informed of the decision of the Buyer of withdrawal from this contract, taking into account the provisions of Article 11.4 of these General Conditions. Mosto will refund the Buyer using the same means of payment as that used by the Buyer for the initial transaction unless the latter expressly agrees with a different means. In any event, this refund will not incur any costs to the Buyer. Mosto may defer the refund until Mosto has received the return products. Mosto will always reimburse delivery costs on a pro rata basis. (Example: The Buyer buys 2 products and returns 1 by retraction. In this case, Mosto shall refund the delivery costs only up to 50%). Where Mosto does, however, make use of a flat-rate delivery fee, Mosto will not be required to reimburse any delivery fee.
12.4. In the event that the Buyer makes use of the right of withdrawal for products which have been the subject of a promotional action, Mosto reserves the right to recalculate the price of products which have not been the subject of withdrawal. Example: Promotional action providing that in the case of product A, product B can be obtained at half price. The Buyer exercises his right of withdrawal in respect of the product A, this case, he is no longer satisfied with the conditions of the promotion and the full price will have to be paid for the product B, in this case, Mosto will refund the funds, after deduction of the additional part that still has to be paid for proceeds B.
12.5. The Buyer shall without delay, in any event not later than 14 calendar days following the day on which he communicated to Mosto his decision to terminate the contract, return the products to Mosto or have them removed by Mosto. Mosto takes care of the removal by means of transport of his choice and agrees with the customer the date and time of the removal. The direct costs of returning the products shall be borne by Mosto unless otherwise agreed. The returned product cannot have been used and must be in the same condition as at the time of delivery. In addition, the product must be returned in the opened or unopened original packaging, together with all accessories delivered with the product so that, even after retraction, Mosto may resell the product to a third party. Liability the Buyer is only committed to the depreciation of the products resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of these products.
12.6. In particular, the right of withdrawal does not apply:
- products made according to the specifications of the Buyer or clearly customized;
- products that can quickly spoil or age or have a limited shelf life (such as yeasts, enzymes, etc.);
- sealed products which, for sanitary or hygienic reasons, cannot be returned when their packaging has been opened (e.g. additives, etc.);
- alcoholic beverages whose price was agreed at the time of the conclusion of the contract, but whose delivery can only be made after 30 days and whose actual value depends on fluctuations in the market outside the control of Mosto.
12.7. In no event shall business customers have the right of withdrawal.
The original version of these Terms and Conditions is written in French. In the event of inconsistency, dispute or question of its validity, the interpretation will be made on the basis of the French version.
These Terms and Conditions are subject to Belgian law. All disputes relating to the performance of contracts subject to the General Conditions or their interpretation shall be subject to the exclusive jurisdiction of the courts of Brussels.