Legal notice

Terms and Conditions

Kanpai.eu and Kanpai.be webshop, owned by Peter Kupers Comm. V.

Registered office: Peter Kupers Comm. V.

Heerweg 13

3640 Kinrooi

Belgium

Company number: 0682.410.242

RPR Antwerp, Tongeren Division

Bank Belfius

IBAN BE07 0689 0806 9466

BIC GKCCBEBB

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The General Terms and Conditions as described here apply to every product offered in the kanpai.be/kanpai.eu webshop and to all deliveries. Every order implies acceptance of the terms and conditions of sale.

The consumer has the right to notify the seller that they are canceling the purchase, without penalty and without giving any reason, within 14 calendar days from the day following the delivery of the product or the conclusion of the service agreement.

The General Terms and Conditions of the kanpai.be/kanpai.eu webshop are governed exclusively by Belgian law.

Article 1 – General Terms and Conditions

Kanpai.eu and Kanpai.be are owned and managed by Peter Kupers Comm. V., with registered office at 3640 Kinrooi, Heerweg 13, registered in the Crossroads Bank for Enterprises under number 0682.410.242.

The following General Terms and Conditions apply to every order placed by a visitor to kanpai.eu or kanpai.be. Placing an order via one of these websites implies that the Customer has consulted the General Terms and Conditions and expressly accepts their applicability. Additional conditions set by the Customer are excluded, unless they have been expressly accepted in writing by Peter Kupers Comm. V. prior to the transaction.

Article 2 - Offer

The prices quoted are in euros, inclusive of VAT and all other taxes and duties payable by the Customer. All other costs to be charged (including delivery, reservation, or administrative costs) are stated separately.

Any offer on kanpai.eu or kanpai.be, in newsletters, emails, or other advertising announcements is for informational purposes only. Peter Kupers Comm. V. reserves the right to modify or withdraw these offers at any time. Offers are only valid while stocks last. Peter Kupers Comm. V. cannot be held liable for the unavailability of a product.

Despite the fact that the offer on kanpai.eu or kanpai.be is compiled with the utmost care, it is still possible that the information provided is incomplete, contains errors, or is not up to date. Obvious mistakes or errors in this offer are not binding on Peter Kupers Comm. V. The company is only bound by an obligation of means for the accuracy, updating, or completeness of the information provided. Peter Kupers Comm. V. is in no way liable in the event of material errors, typesetting, or printing errors.

Article 3 – Conclusion of a transaction

A transaction is only considered agreed after the Customer has placed an order via kanpai.eu or kanpai.be and has received an order confirmation from Peter Kupers Comm. V.

Peter Kupers Comm. V. reserves the right to refuse orders without giving reasons.

The Customer always has the right to cancel an order before receiving the goods. This can be done by contacting us as soon as possible via the contact form. If this is done before the goods have been shipped, there will be no charge. If the order has already been shipped, please refer to the right of withdrawal in Article 4.

The Customer has the right to exchange the purchased products for other products or for a voucher within a period of 14 calendar days after receipt of the goods. Depending on the products for which the purchased products are exchanged, the Customer may receive an additional invoice. Requests for exchange must be sent via the contact form. Peter Kupers Comm. V. will only accept exchange requests if the purchased products are in the same condition as at the time of delivery and are returned in their original packaging.

Article 4 – Right of withdrawal

The Customer has a right of withdrawal with regard to products purchased via kanpai.be or kanpai.eu. Pursuant to Book VI Market Practices & Consumer Protection of the Economic Law Code, the Customer has the right to withdraw from the agreement within a period of 14 calendar days, without giving any reason. The withdrawal period of 14 calendar days commences at the moment the Customer or a third party designated by the Customer takes delivery of the product.

To exercise their right of withdrawal, the Customer must notify Peter Kupers Comm. V. of their decision to withdraw by means of an unambiguous statement by post (Heerweg 13, 3640 Kinrooi) or the contact form. To comply with the withdrawal period, it is sufficient for the Customer to send their notification of exercising their right of withdrawal before the 14-calendar-day withdrawal period has expired.

In the event of withdrawal in accordance with the terms and conditions of the right of withdrawal, the Customer will receive a refund from Peter Kupers Comm. V., including delivery costs (with the exception of any additional costs resulting from the Customer's choice of a different method of delivery than the cheapest standard delivery offered by Peter Kupers Comm. V.). This refund will be made immediately and within 14 calendar days after Peter Kupers Comm. V. has been informed of the exercise of the right of withdrawal. Peter Kupers Comm. V. will refund the Customer using the same payment method that the Customer used for the original transaction, unless the Customer has expressly agreed otherwise. No costs will be charged for the refund.

Peter Kupers Comm. V. reserves the right to only make the refund after receiving the returned products, or after formal confirmation from the Customer that the products have been shipped. Given that Peter Kupers Comm. V. uses a flat-rate delivery cost, Peter Kupers Comm. V. will not be obliged to refund any delivery costs in the event of a partial withdrawal.

The Customer must immediately, but in any case no later than 14 calendar days after the day on which he notified Peter Kupers Comm. V. of his decision to withdraw from the agreement, hand over the products to Peter Kupers Comm. V. or have the products collected by Peter Kupers Comm. V. The direct costs of returning the products shall be borne by Peter Kupers Comm. V., unless otherwise agreed. The returned product must not 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 original packaging in which it was shipped, whether opened or unopened, and including all accessories supplied with the product, so that Peter Kupers Comm. V. can resell the product to a third party. The Customer is only liable for the depreciation of the products resulting from the use of the products, which goes beyond what is necessary to determine the nature, characteristics, and functioning of the products.

Under no circumstances does a professional Customer have the right of withdrawal.

Article 5 – Delivery and execution of the agreement.

Items ordered via kanpai.be or kanpai.eu are delivered in Belgium. For delivery conditions relating to other countries, please first inquire via the contact form.

Delivery is carried out by our own logistics services or via Sending Wines.

Unless otherwise agreed, goods will be delivered to the Customer's place of residence within 30 days of receipt of the order. Peter Kupers Comm. V. reserves the right not to deliver goods to minors.

Any visible damage or quality defect in a product or other defect in the delivery must be reported immediately by the Customer to Peter Kupers Comm. V. The risk of loss or damage is transferred to the Customer from the moment he (or a third party designated by him, who is not the carrier) has physically taken possession of the goods.

An order will only be shipped after Peter Kupers Comm. V. has received payment.

Peter Kupers Comm. V. strives to deliver orders within three to five working days. However, the delivery period, including those stated on quotations, orders, and order confirmations, is always indicative and not an essential part of Peter Kupers Comm. V.'s obligations to the Customer. Exceeding the communicated delivery period can never give rise to the payment of any compensation or to the termination of the agreement between Peter Kupers Comm. V. and the Customer. In any case, Peter Kupers Comm. V. can never be held liable for delays caused by the Customer or third parties.

Changes to the order automatically result in the cancellation of the estimated delivery times.

If the Customer is absent at the delivery address specified by him at the time of delivery, the transport service will leave a message with a view to establishing contact between Peter Kupers Comm. V. and the Customer. After contacting the Customer, a second attempt will be made to deliver the products. If the Customer does not respond within five working days after the first delivery attempt or if the Customer is absent at the time of the second delivery attempt, the products will be returned to Peter Kupers Comm. V.

The costs of the return shipment and any associated costs shall be borne by the Customer. In such cases, the agreement between Peter Kupers Comm. V. and the Customer shall be deemed to have been dissolved. Any price already paid in advance by the Customer shall be refunded by Peter Kupers Comm. V., less the aforementioned costs of return shipment and any associated costs.

Article 6 – Invoicing and payment

In principle, orders must always be paid for in advance by the Customer.

When placing an order, the Customer can choose between various payment options:

Credit card (Visa or Mastercard)

Maestro

Bancontact/Mister Cash

Prepayment by bank transfer

Article 7 – Retention of Title

The delivered products remain the exclusive property of Peter Kupers Comm. V. until the Customer has paid the principal sum, interest, and costs in full. Until then, the Customer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Customer nevertheless resells the purchased products before having paid the aforementioned amounts in full and correctly, the aforementioned right shall transfer to the resulting sale price. However, the risk of loss or damage shall transfer to the Customer upon delivery. The Customer undertakes to inform third parties of Peter Kupers Comm. V.'s retention of title if necessary (for example, to anyone who would seize the items that have not yet been paid for in full).

In the event of non-payment or incomplete payment on the due date of one of the invoices, Peter Kupers Comm. V. shall be entitled, by operation of law and without prior notice of default, to reclaim the products already delivered from the Customer. When Peter Kupers Comm. V. receives the products back and they are still in good condition (including, among other things, the correct cooling and storage of these products), the amounts already paid will be refunded to the Customer, less: (1) the loss of profit, estimated at a flat rate of 15% of the total invoice amount; and (2) a fixed compensation of 5% of the total invoice amount for the (additional) management and administration costs. All this applies without prejudice to Peter Kupers Comm. V.'s right to prove higher damages.

Article 8 – Complaints

Under the law of September 21, 2004, on the protection of consumers in the sale of consumer goods, the consumer has a legal warranty of 2 years. This legal warranty applies from the date of purchase by (or, where applicable, delivery to) the first owner.

The Customer must carry out an initial verification immediately upon receipt of the purchased products. This immediate verification obligation relates, among other things, to (purely illustrative list): quantity, conformity of the delivery, visible defects, correct location(s), etc. The Customer must report any immediately verifiable deviations in writing to Peter Kupers Comm. V. within 48 hours of delivery, failing which the warranty will lapse (by mail or via the contact form to Peter Kupers Comm. V., with reference to the correct number of the delivery note and/or the Order Confirmation. The use, processing, repackaging, and/or resale of the products delivered by Peter Kupers Comm. V. is considered to be product inspection and acceptance, constitutes final delivery of the products in question, and releases Peter Kupers Comm. V. from its responsibilities and liability.

Complaints regarding hidden defects in the delivered products must be reported in writing (by mail or via the contact form) to Peter Kupers Comm. V. within 48 hours of discovery of the defect, under penalty of inadmissibility, with reference to the correct number of the delivery note and/or the Order Confirmation. Such complaints may be reported to Peter Kupers Comm. V. within the statutory warranty period, on the understanding that Peter Kupers Comm. V. will not be liable for any loss of quality that may arise from causes inherent in the nature of the product (including, but not limited to, normal aging). Peter Kupers Comm. V. undertakes to accept complaints that have been correctly reported within a period of 14 calendar days after delivery. Under no circumstances will Peter Kupers Comm. V. be liable for any loss of quality or damage resulting from the handling or misuse of the products by the Customer.

In the event of complaints that are reported to Peter Kupers Comm. V. in a timely and correct manner, Peter Kupers Comm. V. will, at its own discretion and insight: (1) replace the defective products, insofar as the same products are still in stock. If the defective product is no longer in stock, Peter Kupers Comm. V. may choose to provide the Customer with an equivalent of the defective product or to take back the defective product and issue a credit note to the Customer.

The Customer acknowledges that these measures individually constitute full and adequate compensation for any possible damage resulting from any defects and accepts that the implementation of these measures cannot be considered as an acceptance of liability by Peter Kupers Comm. V.

Under no circumstances may the Customer return products to Peter Kupers Comm. V. without the latter's prior written consent. Peter Kupers Comm. V. reserves the right to assess the defects and investigate their cause on site together with the Customer. Peter Kupers Comm. V. will contact the Customer if necessary in order to make practical arrangements for the return of products accepted by Peter Kupers Comm. V., whereby Peter Kupers Comm. V. will bear the costs.

The replacement of products, if any, shall not give rise to the payment of any compensation, nor to the termination of the agreement between Peter Kupers Comm. V. and the Customer.

Complaints and/or any (partial) replacement of products shall in no case release the Customer from its payment obligation within the term(s) specified in the written agreement between Peter Kupers Comm. V. and the Customer, the Order Confirmation issued by Peter Kupers Comm. V., these General Terms and Conditions, and/or the respective invoice.

The Customer is obliged to reimburse costs incurred as a result of unjustified complaints.

Article 9 – Liability

With the exception of the indemnification by Peter Kupers Comm. V. in accordance with the warranty provision in Article 8 of these General Terms and Conditions, Peter Kupers Comm. V.'s liability towards the Customer is limited to the liability imposed by law and is in any case limited to the respective invoice amount (excluding VAT).

Peter Kupers Comm. V. is in no way liable for: (1) indirect damage (including, but not limited to, loss of turnover, damage to third parties), (2) defects caused directly or indirectly by the actions of the Customer or a third party, regardless of whether these are caused by error or negligence, (3) damage resulting from the incorrect or inappropriate use of the purchased products, nor for any unintended and/or undesirable interaction resulting from the simultaneous use of the product with other products, (4) damage resulting from the failure of the Customer, its staff or employees and/or the end user to comply with legal and/or other obligations.

The Customer acknowledges that Peter Kupers Comm. V. does not guarantee that the products comply with the regulations or requirements applicable in any jurisdiction, except for the regulations or requirements applicable in Belgium, as applicable at the time of delivery of the product to the Customer by Peter Kupers Comm. V., so that Peter Kupers Comm. V. cannot be held responsible for subsequent changes in legislation of any kind.

The Customer is solely responsible for the resale of the purchased products and guarantees that it will comply with all (legal and other) obligations in this regard.

Article 10 – Indemnification

The Customer shall fully indemnify and defend Peter Kupers Comm. V. against all claims and proceedings, including claims and proceedings by third parties, that may arise from or result from any act or omission by the Customer in breach of the written agreement between Peter Kupers Comm. V. and the Customer, the Order Confirmation issued by Peter Kupers Comm. V., these General Terms and Conditions, and/or other (legal) obligations of the Customer.

The Customer shall compensate Peter Kupers Comm. V. for all damages, including legal and other costs, incurred in connection with its defense against such claims and/or proceedings.

Article 11 – Promotions

Promotional gifts by Peter Kupers Comm. V., in whatever form (such as, but not limited to, price reductions, discount vouchers, free shipping, etc.) must always be used in accordance with the guidelines, as expressly stated in this regard. In any case, these can only relate to one (1) order, cannot be accumulated, and are personal in nature.

If the Consumer exercises the right of withdrawal for products that were the subject of a promotional offer, Peter Kupers Comm. V. reserves the right to recalculate the price of the products that were not subject to the withdrawal. For example: a promotional offer whereby product B can be obtained at half price with the purchase of product A. The Customer withdraws from product A. In that case, the promotional conditions are no longer met and the full price will have to be paid for product B. In that case, Peter Kupers Comm. V. will refund the money in accordance with Article 4 of these General Terms and Conditions, less the additional amount that still has to be paid for product B.

Article 12 – Force majeure

Peter Kupers Comm. V. is not liable for any failure to fulfill its obligations resulting from force majeure.

In the event of force majeure, Peter Kupers Comm. V. may, at its own discretion and without prior notice of default or judicial intervention, and without any right of recourse against Peter Kupers Comm. V.: (1) propose to the Customer to replace the missing products with a functional equivalent; (2) temporarily suspend the performance of its obligations; (3) terminate the agreement between Peter Kupers Comm. V. and the Customer out of court; and/or (4) invite the Customer to renegotiate the agreement between Peter Kupers Comm. V. and the Customer.

If the Customer does not participate in good faith in these renegotiations, Peter Kupers Comm. V. may, in accordance with Article 15 of these General Terms and Conditions, request the court to determine new contract terms and/or order the Customer to pay compensation.

Force majeure includes, but is not limited to (exemplary list): unavailability and/or scarcity of certain materials; raw material scarcity; currency fluctuations, increases in material prices, prices of auxiliary materials and raw materials, wages, salaries, social security contributions, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums; ice conditions; exceptional weather conditions; strikes; mobilization; war; illness; accidents; communication and IT failures; government measures; export bans; delays in supply; transport and/or movement restrictions, including lack of or withdrawal of transport options; export restrictions; import restrictions; breakdowns; traffic jams; etc.

Article 13 – Suspension and termination

In the event of any change in the Customer's circumstances, such as death, conversion, merger, takeover, transfer, liquidation, suspension of payments, collective or amicable agreement, request for deferment of payment, cessation of activity, seizure, or any other circumstance that could undermine confidence in the Customer's creditworthiness, Peter Kupers Comm. V. reserves the right, on that basis alone, to either suspend the performance of one or more agreements with the Customer until such time as the Customer provides adequate security for payment; or to declare one or more agreements with the Customer dissolved from the date of dispatch of the dissolution, without prior notice of default and without judicial intervention, without prejudice to Peter Kupers Comm. V.'s right to claim additional compensation.

If the agreement between Peter Kupers Comm. V. and the Customer is terminated under these conditions, the Customer loses the right to require Peter Kupers Comm. V. to fulfill its obligations under the terminated agreement.

Article 14 – Intellectual property rights

The content of this site, including brands, logos, drawings, data, product or company names, texts, images, etc., is protected by intellectual property rights and belongs to Peter Kupers Comm. V. or entitled third parties.

Article 15 – Disputes

Agreements between Peter Kupers Comm. V. and the Customer are governed exclusively by Belgian law, insofar as international private law permits this.

Disputes between Peter Kupers Comm. V. and the Customer brought before the courts fall under the exclusive jurisdiction of the competent courts of the registered office of Peter Kupers Comm. V., unless Peter Kupers Comm. V. chooses to bring a dispute before the court of the registered office or place of residence of the Customer.

For alternative dispute resolution concerning online purchases, you can also visit the European Union's ODR (Online Dispute Resolution) platform.