Terms of Services | gilidrinks


TERMS OF SERVICES

General terms & conditions

1. General terms & conditions of Validity

The website www.gilidrinks.be is owned by Root4You BV. The seller Root4You is registered under VAT number BE 0749.711.713. Each order is considered as an acceptance of the general terms and conditions by the buyer. These general terms and conditions form an integral part of the agreement as described below.

2. Prices, quotations, and terms of payment

The prices of the products and services are indicated in euros, including VAT and excluding transport costs and/or other taxes or other levies, unless stated otherwise or agreed upon in writing. Payment can be made via one of the methods indicated during the ordering process. Orders only become effective once payment has been received by Gili. In the event of non-payment, Gili reserves the right to suspend or resolve (the execution of) the agreement and related agreements. All offers are non-binding and Gili reserves the right to change prices. If the offered products and services experience a price increase during the period between placing the order and its execution, the purchaser has the right to cancel the order and dissolve the agreement within seven (7) days after the announcement of the price increase by Gili. The indicated price relates exclusively to the articles as described verbatim. The accompanying photos are for decorative purposes and may contain elements that are not included in the price. Invoices are payable at our registered office at Blarenberglaan 6, 2800 Mechelen, Belgium, on the due date, net without discount, unless otherwise stated on the invoice. In order to be admissible, any complaint regarding the invoices must be formulated in detail by a registered letter within three (3) days of receipt of the invoice. In the event of overdue payments, interest shall be charged on the outstanding invoice amounts ipso jure and without any prior notice of default being required, at the rate of 1% per month from the invoice date. In the event of non-payment and if a reminder by ordinary letter has remained without effect for 14 days, a fixed compensation of 10% of the outstanding amounts will also be due. In the event of any total or partial non-payment of an invoice on the due date or any other breach by the Buyer of his obligations under the agreement, we reserve the right, ipso jure and without notice of default, to suspend the execution of all agreements with the Buyer or to terminate them with immediate effect, without the need for any judicial intervention and to demand immediate payment of all outstanding debts, even those not yet due, or to carry out the delivery only against cash payment, notwithstanding previous agreements and without prejudice to any other right we may have. Failure to take immediate action against a shortcoming on the part of the Buyer may under no circumstances be regarded as a waiver on our part to invoke this shortcoming at a later date. Gili accepts different payment methods: products may be paid for by bank transfer, Bancontact, credit card, or cash on collection.

3. Acceptance of the order

An order is not binding on Gili until it has been confirmed by email by Gili or until execution of the order has started. Gili reserves the right to refuse orders or to attach certain conditions to execution unless expressly stated otherwise. All product information, prices, and order information are subject to change and correction at any time.

4. Delivery

The delivery times given by Gili are indicative. The deadline for delivery is 30 days after receipt of the order, with the exception of payment by bank transfer, where the deadline is 30 days after receipt of payment. Exceeding a delivery time does not entitle the purchaser to compensation, nor does it entitle the purchaser to cancel the order or the agreement, unless the delivery time has been exceeded in the sense that the purchaser can no longer reasonably be expected to fulfill the agreement. In this case, the buyer has the right to cancel the order or, if necessary, to cancel the agreement. The buyer is liable for incorrect delivery due to an incorrect delivery address. In that case, additional costs may apply. In the event of non-delivery, all amounts paid by the buyer will be reimbursed without interest or any other compensation. If you ordered a product that is not in stock, you will be notified. As soon as the products to be delivered have been delivered to the specified delivery address, the risk with regard to these products is transferred to the buyer. Gili ships to all European countries. Different conditions may apply to deliveries abroad. Deliveries are made in person, by post, or by courier service. You will be informed of the delivery or shipping costs before confirming your purchase. If the shipping costs cannot be calculated automatically, this will be indicated, and/or an indication of the shipping costs will be given.

5. Retention of title

The delivered goods remain the property of Gili until full payment of the price, including all costs and charges, interest on arrears, and fees. In the event of non-payment, we reserve the right to take back the goods, ipso jure and at the Buyer's expense.

6. Complaints

To be admissible, complaints should be addressed to Gili at hello@gilidrinks.be. If the delivery is not in the same as the purchaser's order, complaints must be addressed within seven (7) days of the order being placed. In case of hidden defects, within a period of seven (7) days after discovery of the error. In this written communication, the Buyer must describe the damage and provide a photo proof of damage.

7. Warranty

Gili's guarantee is limited to the guarantee for hidden defects and the act for consumer guarantees, both listed in the Belgian Civil Code. Gili is liable for damages provided that this is the result of a serious fault or malicious intent. Gili is not liable for any general or specific indirect damage, of whatever nature, that may have been caused by the purchaser.

8. Right of distance - Returns

The Buyer may exercise the right of renunciation within fourteen days after delivery of the product or upon signing a service agreement without penalty and without giving reasons. This can be done by notifying us in writing by e-mail at hello@gilidrinks.com. A model withdrawal form can be found here: MODELFORMULER FOR RECALL If the Buyer invokes this right, the products must be returned in their original condition and packaging to Gili, Blarenberglaan 6, 2800 Mechelen, Belgium, at the Buyer's expense and risk.  In order to guarantee the safe delivery of the package, we recommend the use of an insured courier service. The buyer is responsible for the return shipment. The possibility of withdrawal does not apply in the case of delivery of goods manufactured according to the consumer's specifications or which are clearly personal in nature. C.O.D. returns will not be accepted. The return payment will be made to the account number provided by you after receipt and verification of the return shipment. Items purchased in the sales period (January and July) or with a discount of 30% or more cannot be returned for cash. However, a purchase receipt from Gili to the value of the purchase amount (excluding discount and shipping costs) can be substituted.

9. Force majeure

Gili cannot be held liable for possible delays in the execution or non-fulfillment of its obligations caused by circumstances beyond GILI's control. These circumstances include problems with the supply or lack of raw materials, interruption or permanent suspension of production, strikes, lockouts, any other form of business disruption or trade disputes, power outages, or late or non-delivery affecting Gili and/or Gili's suppliers, even if these circumstances can be expected. If Gili fails to act promptly against any failure to perform on the part of the Purchaser, this shall in no event constitute negligence on the part of Gili to invoke such failure at a later date.

10. Personal Information

By submitting an order on Gili's website, the purchaser officially agrees to the processing of his or her personal data for administrative purposes, such as the management of customer files, orders, invoices, and deliveries and the follow-up of financial solvency. Personal data will only be used for promotions, personalised publicity, and/or other marketing-related purposes if the buyer explicitly agrees to this when placing an order. This can be changed by the buyer at any time. Gili will not pass on personal data to third parties. The purchaser has the right to view and change his or her personal details at any time. The purchaser also has the right to take action - free of charge - against the processing of his or her personal data for Direct Marketing initiatives. For further information, the purchaser may contact the Commission for the Protection of Privacy in Brussels.

11. Intellectual property rights 

Gili is a registered Benelux and European trademark.

Our website, logos, texts, photos, names, and in general all our communications are protected by intellectual property rights that are owned either by us or by our suppliers or other entitled parties. It is forbidden to use and/or make changes to the intellectual property rights as described in this article. For example, you may not copy or reproduce drawings, photographs, names, texts, logos, colour combinations, etc ... without our prior and express written permission.

12. Use of cookies 

Our website uses cookies so that during your visit to our site cookies can be placed on the hard disk of your computer. A cookie is a text file that is placed by a website's server in your computer's browser or on your mobile device when you consult a website. Cookies are used to optimise your visit. Cookies cannot be used to identify individuals; a cookie can only identify a machine. You can set your internet browser not to accept cookies, to warn you when a cookie is installed, or to remove cookies from your hard drive afterward. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphical elements may not appear correctly, or that you will not be able to use certain applications. By using our website, you agree to our use of cookies.

13. Proof

The parties concerned agree that a valid contract shall be drawn up using electronic means of communication.

14. Miscellaneous

Should one or more provisions of the contract be declared null and void, this shall in no way affect the validity of the other provisions. Gili has the right to change the content of these general terms and conditions. Changes will be announced via the website.

15. Applicable law

All agreements made with Gili are subject to Belgian law. All disputes between the parties will be submitted exclusively to the competent court in Belgium. The Buyer may exercise the right of renunciation within fourteen days of delivery of the product or signing a service agreement without penalty and without giving any reason.