General terms & Conditions - Terre Mariotti

Article 1. General Provisions
The current general terms and conditions of sale apply to every sale of products by TERRE MARIOTTI BV, with its registered office at 2110 Wijnegem, Broekstraat 46, and company number 0799.617.718 (hereinafter: “TERRE MARIOTTI”), to its Customers. TERRE MARIOTTI can be reached by phone at +32 477 43 08 20 and via email at f.lenders@terremariotti.it. The TERRE MARIOTTI website is https://www.terremariotti.it.

By placing an order for products with TERRE MARIOTTI, the Customer unconditionally accepts the application of these general terms and conditions in their entirety and waives the application of their own potential general (purchase) terms and conditions.

The prices indicated on the aforementioned website are always inclusive of taxes but exclusive of transport and delivery costs.

As the sale of wine in Belgium is prohibited to persons under the age of 16 and the sale of alcohol to persons under the age of 18, the Customer agrees to meet the recommended age requirements when placing their order.

Article 2. Definitions
A Customer refers to a natural or legal person who places an order with TERRE MARIOTTI, whether via its website or otherwise.

A Consumer refers to any natural person Customer who orders goods from TERRE MARIOTTI solely for non-professional purposes.

Purchases at a distance are made possible via the TERRE MARIOTTI website.

Article 3. Acceptance/Refusal of Orders by the Customer
The goods offered through the TERRE MARIOTTI website are always subject to availability and may depend on temporary shortages or stock levels.

Certain restrictions may also apply concerning the number of bottles that can or must be ordered and delivered to the Customer.

Orders are only valid and binding after acceptance by TERRE MARIOTTI.

TERRE MARIOTTI reserves the right to refuse an order from the Customer in writing at any time without justification, regardless of any efforts made or costs incurred by the Customer for reselling the goods (e.g., inclusion on menus, websites, etc.). TERRE MARIOTTI is never liable for any costs the Customer might incur due to the refusal of an order.

Article 4. Delivery
The products are delivered to the Customer in their original shipping packaging, in principle all at once and to the same location.

However, TERRE MARIOTTI reserves the right to split the delivery of an order into multiple consecutive deliveries to the same location.

The prices indicated on TERRE MARIOTTI’s website are always inclusive of taxes but exclusive of transport and delivery costs.

TERRE MARIOTTI will determine the relevant costs based on the total order value, the exact location, and delivery conditions.

The delivery date will be communicated to the Customer when placing the order but is only indicative and not binding for TERRE MARIOTTI.

Article 5. Force Majeure
A disruption or delay in fulfilling its contractual obligations to the Customer due to force majeure can never result in the termination of the sale or liability for TERRE MARIOTTI. Nor can it lead to the payment of damages to the Customer, except where otherwise legally or contractually stipulated.

Force majeure includes, but is not limited to, strikes, lockouts or other labor disputes, fire, explosions, natural disasters, frost, floods, embargoes, epidemics, pandemics, lack of transport, compliance with government directives/regulations/legislation, revolution, war, martial law, blockades, poor/failed harvests, disruptions, staff shortages, non-compliance with delivery deadlines by (external) suppliers, defective deliveries, packaging defects, or any other circumstances beyond TERRE MARIOTTI's control.

These circumstances give TERRE MARIOTTI the unilateral right to terminate the agreement with the Customer due to force majeure, without being liable for damages to the Customer.

In such cases, TERRE MARIOTTI reserves the right—after sufficient notice to the Customer—to terminate the agreement automatically and without prior notice of default, without this termination entitling the Customer to damages.

Article 6. Payments
Invoices from TERRE MARIOTTI are payable on the due date indicated on the invoice and at the address of its registered office as stated in Article 1, unless otherwise agreed in writing.

In the event of late payment, the amounts due will automatically accrue interest at a rate of 12% per year from the due date without prior notice of default, along with a fixed compensation fee of 15%, with a minimum of €100.

Any other collection costs not included in the fixed compensation will be charged separately to the defaulting Customer.

Payments for orders placed via the sales website are made by debit or credit card through MOLLIE, a company specializing in payment services.

Article 7. Termination of the Agreement
TERRE MARIOTTI reserves the right to terminate the agreement with the Customer at any time, with immediate effect, without prior judicial intervention or prior notice of default, and without compensation in the following cases:

- If the Customer, despite written notice granting at least seven (7) calendar days, fails to fulfill one or more contractual obligations;

- In the event of non-payment on the due date of the invoice(s), bankruptcy, insolvency, or liquidation of the Customer;

- Upon cessation or liquidation of the Customer's activities.

Termination applies to all undelivered goods or parts thereof and any future deliveries, resulting in the immediate suspension of new deliveries and the immediate payment of all unpaid invoices.

Article 8. Provisions Applicable Only to Consumers
8.1 General
These provisions apply exclusively to agreements between TERRE MARIOTTI and Consumer-Customers.
8.2 Right of Withdrawal
Consumers have 14 days from delivery to notify TERRE MARIOTTI of their decision to withdraw without justification or penalty. Consumers must return the goods within 14 days after informing TERRE MARIOTTI. The direct costs of returning the goods are borne by the Consumer.
8.3 Payment Terms
In case of late payment, TERRE MARIOTTI will send reminders in accordance with applicable laws.
8.4 Transfer of Ownership and Risk
Ownership and risk of the goods transfer to the Consumer upon physical receipt by the Consumer or their designated third party.

Article 9. Applicable Law
Belgian law applies to all contracts between TERRE MARIOTTI and the Customer. The courts of Antwerp are competent in case of disputes, except where otherwise stipulated by law.

Article 10. Invalidity
The invalidity or nullity of any provision of these general terms and conditions will not affect the validity of the remaining provisions. Invalid provisions will be replaced by valid provisions closely aligned with TERRE MARIOTTI's original intent.