General Terms and Conditions

These Terms and Conditions shall enter into force on 1 January 2024.

Article 1 - Definitions

In these terms and conditions the following terms shall have the following meanings:

Supplementary agreement: an agreement whereby the consumer and/or company acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an arrangement between that third party and the entrepreneur;

Reflection period: the period within which the consumer and/or company can make use of his right of withdrawal;

Consumer and/or company: the natural person who is not acting for purposes related to his trade, business, craft or profession, and who has reached the minimum age of 18 years;

Day: Calendar day

Digital content: data produced and supplied in digital form;

Duration agreement: an agreement aimed at the regular delivery of goods, services and/or digital content during a specific period;

Durable medium: any instrument - including email - that enables the consumer and/or company to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purposes of the information and which allows for the unchanged reproduction of the stored information;

Right of withdrawal: the option for the consumer and/or company to cancel the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers and/or companies;

Distance contract: an agreement concluded between the entrepreneur and the consumer and/or company within the framework of an organised system for the distance selling of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or partly use is made of one or more techniques for distance communication;

Model withdrawal form: European model withdrawal form included in these terms and conditions;

Distance communication technology: means that can be used to conclude an agreement without the consumer and/or company and entrepreneur being in the same room at the same time;

Article 2 - Identity of the entrepreneur

Name of the entrepreneur: eMpTy Specials BV - Trade name: The Wine Box Belgium

Business address: H.-Geestmolenstraat 175, 9160 Lokeren

Phone number: +32471 08 61 62

Availability: Monday to Friday from 9:00 am to 5:00 pm

Email address: hello@thewinebox.wine

IBAN: BE22 7370 7159 6147<ON 1000.096.625>

VAT number: BE1000.096.625.

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer and/or company.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer and/or company. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer and/or company as soon as possible at the request of the consumer and/or company.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer and/or company electronically in such a way that the consumer and/or company can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer and/or company electronically or otherwise at the request of the consumer and/or company.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer and/or company can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer and/or company. If the entrepreneur uses images, these are a true representation of the products, services and/or digital content offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

Each offer contains such information that it is clear to the consumer and/or company what rights and obligations are attached to accepting the offer. This concerns in particular: o the price including taxes; o any delivery costs; o the manner in which the agreement will be concluded and which actions are required for this; o whether or not the right of withdrawal applies; o the method of payment, delivery or performance of the agreement; o the term for accepting the offer; o if the agreement is archived after it has been concluded, how it can be consulted by the consumer and/or company; o the manner in which the consumer and/or company can become aware of actions that he does not want before concluding the agreement, as well as the manner in which he can rectify these before the agreement is concluded; o the possible languages in which, in addition to Dutch, the agreement can be concluded; the codes of conduct to which the entrepreneur has submitted and the manner in which the consumer and/or company can consult these codes of conduct electronically; and o the minimum duration of the distance contract in the event of a contract for the continuous or periodic delivery of products or services.

Article 5 - The Agreement

5.1 Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer and/or company accepts the offer and meets the conditions set therein.

If the consumer and/or company has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer and/or company can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer and/or company can pay electronically, the entrepreneur will take appropriate security measures to that end.

The entrepreneur may - within legal frameworks - inform himself whether the consumer and/or company can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The entrepreneur will send the following information to the consumer and/or company, in writing or in such a way that it can be stored by the consumer and/or company in an accessible manner on a durable data carrier, at the latest upon delivery of the product, service or digital content:

a. The visiting address of the establishment of the entrepreneur where the consumer and/or company can go with complaints; b. The conditions under which and the manner in which the consumer and/or company can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. The information about guarantees and existing after-sales service; D. The price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract; E. The requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration; F. If the consumer and/or company has a right of withdrawal, the model withdrawal form. G. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery. H. All delivered products remain the exclusive property of eMpTy Specials BV - Trade name: The Wine Box until they have been paid for in full, even if they have been modified or incorporated.

Article 6 – Right of withdrawal Upon delivery of products:

6.1 The consumer and/or company can dissolve an agreement regarding the purchase of a product during a cooling-off period of 14 days without giving reasons. The entrepreneur may ask the consumer and/or company for the reason for withdrawal, but may not oblige them to state their reason(s). 2. The cooling-off period referred to in paragraph 1 commences on the day after the consumer and/or company, or a third party designated in advance by the consumer and/or company, who is not the carrier, has received the product, or:

if the consumer and/or company has ordered multiple products in the same order: the day on which the consumer and/or company, or a third party designated by them, has received the last product. The entrepreneur may, provided that he has clearly informed the consumer and/or company of this prior to the ordering process, refuse an order for multiple products with different delivery times.

if the delivery of a product consists of different shipments or parts: the day on which the consumer and/or company, or a third party designated by them, has received the last shipment or the last part;

in the case of agreements for regular delivery of products during a specific period: the day on which the consumer and/or company, or a third party designated by them, has received the first product.

When supplying services and digital content which is not supplied on a tangible medium:

6.2 The consumer and/or company can terminate a service agreement and an agreement for the supply of digital content that is not supplied on a tangible medium within 14 days without giving reasons. The entrepreneur may ask the consumer and/or company for the reason for withdrawal, but may not oblige them to state their reason(s). 4. The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended reflection period for products, services and digital content not supplied on a tangible medium if not informed about the right of withdrawal:

6.3 If the entrepreneur has not provided the consumer and/or company with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period will expire twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article. 6. If the entrepreneur has provided the consumer and/or company with the information referred to in the previous paragraph within twelve months after the commencement date of the original cooling-off period, the cooling-off period will expire 14 days after the day on which the consumer and/or company received that information.

Article 7 - Obligations of the consumer and/or company during the cooling-off period

During the cooling-off period, the consumer and/or company will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer and/or company may only handle and inspect the product as he would be allowed to do in a shop.

The consumer and/or company is only liable for any diminished value of the product resulting from the handling of the product that goes beyond what is permitted in paragraph 1.

The consumer and/or company is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and/or company and costs thereof

If the consumer and/or company exercises his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.

As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer and/or company shall return the product or hand it over to (an authorised representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer and/or company has in any case observed the return period if he returns the product before the cooling-off period has expired.

The consumer and/or company shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer and/or company.

The consumer and/or company shall bear the direct costs of returning the product. If the entrepreneur has not stated that the consumer and/or company shall bear these costs or if the entrepreneur indicates that he shall bear the costs himself, the consumer and/or company shall not have to bear the costs of return.

The consumer and/or company shall not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if: a. he has not expressly agreed prior to delivery to commencement of the performance of the agreement before the end of the cooling-off period; b. he has not acknowledged losing his right of withdrawal upon giving his consent; or c. the entrepreneur has failed to confirm this statement by the consumer and/or company.

If the consumer and/or company exercises their right of withdrawal, all additional agreements will be dissolved by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible for the consumer and/or company to notify the withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification.

The entrepreneur shall reimburse all payments made by the consumer and/or company, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer and/or company reports the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait with reimbursement until he has received the product or until the consumer and/or company demonstrates that he has returned the product, whichever is the earlier.

The entrepreneur will use the same payment method for reimbursement that the consumer and/or company used, unless the consumer and/or company agrees to another method. The reimbursement is free of charge for the consumer and/or company.

If the consumer and/or company has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the withdrawal period;

Agreements concluded during a public auction. A public auction is understood to mean a sales method whereby products, digital content and/or services are offered by the entrepreneur to the consumer and/or company who is personally present or is given the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content and/or services;

Service contracts, after full performance of the service, but only if: a. the performance has begun with the express prior consent of the consumer and/or company; and b. the consumer and/or company has declared that he will lose his right of withdrawal once the entrepreneur has fully performed the contract;

Service contracts for the provision of accommodation, if the contract provides for a specific date or period of performance and other than for residential purposes, the transport of goods, car rental services and catering;

Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;

Products manufactured according to the specifications of the consumer and/or company, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the consumer and/or company, or which are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life:

Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

Products which, after delivery, are by their nature irreversibly mixed with other products;

Alcoholic beverages, the price of which has been agreed upon at the time of concluding the contract, but the delivery of which can only take place after 45 days, and the actual value of which depends on fluctuations in the market over which the entrepreneur has no influence;

Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;

Newspapers, periodicals or magazines, except subscriptions to them;
The supply of digital content other than on a tangible medium, but only if:

a. the performance has begun with the express prior consent of the consumer and/or company; and b. the consumer and/or company has declared that he thereby loses his right of withdrawal.

Article 11 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, unless price changes are due to changes in VAT rates and/or excise rates or other levies.

By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: A. These are the result of statutory regulations or provisions; or B. The consumer and/or company has the authority to terminate the agreement with effect from the day on which the price increase takes effect.

The prices stated in the offer of products or services include VAT.

An annual indexation rate is applied to all products and services, linked to the annual evolution of the “consumer price index” (Belgium) last adjusted on 1 January 2024.

Article 12 - Compliance with the agreement and additional warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee arrangement offered by the entrepreneur, manufacturer or importer does not affect the rights and claims that the consumer and/or company can assert against the entrepreneur on the basis of the law and/or the distance contract with regard to a shortcoming in the fulfilment of the entrepreneur's obligations.

Article 13 - Delivery and execution

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.

The place of delivery is the address that the consumer and/or company has made known to the entrepreneur.

Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 45 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer and/or company will be notified of this at the latest one month after placing the order. In that case, the consumer and/or company has the right to terminate the agreement without charge, to request an equivalent replacement product, or to obtain any compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer and/or company as soon as possible, but no later than 45 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement article is being delivered. The right of withdrawal cannot be excluded for replacement articles. The costs of return shipment are for the account of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer and/or company or a previously designated representative communicated to the entrepreneur, unless expressly agreed otherwise.

Article 14 - Duration transactions: duration, termination and extension Termination:

The consumer and/or company may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer and/or company may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer and/or company may terminate the agreements referred to in the previous paragraphs:

a. cancel at any time and not be limited to cancellation at a specific time or during a specific period; b. cancel at least in the same manner as they were entered into by him; c. always cancel with the same notice period as the entrepreneur has stipulated for himself.

14.1 Extension:

An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.

By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily newspapers, weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer and/or company can terminate this extended agreement at the end of the extension with a notice period of up to one month.

An agreement entered into for a definite period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer and/or company may terminate at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement provides for the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines for the purpose of getting to know each other (trial or introductory subscription) will not be tacitly continued and will end automatically after the trial or introductory period.

14.2 Duration:

If an agreement has a duration of more than one year, the consumer and/or company may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

14.3 Monthly Subscription:

The monthly subscription offers subscribers the flexibility to enjoy our wine boxes on a monthly basis. Subscribers can decide to cancel their subscription at any time.
However, cancellations must be made no later than one month before the next billing period to take effect from the following month. This means that if a subscriber wants to cancel his/her subscription from the month of March, the cancellation must be submitted no later than February 28th.

14.3 Semi-Annual and Annual Subscription:

By choosing a semi-annual or annual subscription, subscribers enjoy significant benefits, including a reduced monthly price and additional privileges as stated on our website.

Subscribers who decide to take out a semi-annual or annual subscription commit to the duration of the chosen period.

Early termination of a semi-annual or annual subscription is subject to a penalty of €250 , together with an administration fee of €50 .

It is important to note that early termination of a semi-annual or annual subscription will only be considered under exceptional circumstances and at the discretion of the company.

14.4 General:

We reserve the right to change, cancel or refuse subscriptions at our sole discretion.

Any changes to subscriptions or terminations must be submitted in writing via the form provided on our website or via email, and will not become effective until confirmed by our company.

14.5 Final Provisions:

These Terms and Conditions constitute a legally binding agreement between the Subscriber and our company.

By subscribing to our services, the subscriber declares that he/she has read, understood and agrees to these general terms and conditions.

We reserve the right to change these terms and conditions at any time. Subscribers will be notified of such changes by email or by a notice on our website.

Article 15 - Payment

Unless otherwise agreed, the amounts owed by the consumer and/or company must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after issue of the documents relating to this agreement.

When selling products to consumers and/or companies, partial or full advance payment may be agreed (during the withdrawal period). If advance payment has been agreed, the consumer and/or company cannot assert any rights regarding the execution of the order or service(s) in question before the agreed advance payment has been made.

The consumer and/or company has the duty to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.

In the event of non-payment by the consumer and/or company, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer and/or company in advance. These costs amount to conventional interest of 10% of the invoice amount per month as well as a fixed compensation of 30% with a minimum of €25. The consumer and/or company is also obliged to pay all collection costs - both extrajudicial and judicial - to which the collection of an unpaid invoice will give rise. The extrajudicial collection costs are set at a fixed amount equal to 10% of the invoice amount, with a minimum of €175.

Article 16 - Complaints procedure

The entrepreneur has a complaints procedure and handles the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable period, fully and clearly described, after the consumer and/or company has discovered defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a confirmation of receipt and an indication of when the consumer and/or company can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer and/or company to which these general terms and conditions apply are exclusively governed by Belgian law. The entrepreneur and the consumer and/or company have the right to submit any dispute to the territorially competent court of their choice.

Disputes between the consumer and/or company and the entrepreneur regarding the conclusion or performance of agreements relating to products and services to be supplied or supplied by this entrepreneur can, subject to the provisions below, be submitted to the Disputes Committee by both the consumer and/or company and the entrepreneur.

A dispute will only be considered by the Disputes Committee if the consumer and/or company has first submitted his complaint to the entrepreneur within a reasonable period of time.

The dispute must be submitted in writing to the Disputes Committee no later than three months after it has arisen.

If the consumer and/or company wishes to submit a dispute to the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to do so, the consumer and/or company must state in writing within five weeks of a written request made by the entrepreneur whether he also wishes this or whether he wishes to have the dispute handled by the competent court. If the entrepreneur does not hear the choice of the consumer and/or company within the period of five weeks, the entrepreneur is entitled to submit the dispute to the competent court.

The Disputes Committee shall render a decision under the conditions as set out in the Disputes Committee regulations. The decisions of the Disputes Committee shall be binding.

The Disputes Committee will not handle a dispute or will discontinue the handling if the entrepreneur has been granted a moratorium, has gone bankrupt or has actually ceased his business activities before a dispute has been handled by the committee at the hearing and a final decision has been formulated. In the event of a dispute, the consumer and/or company can call on the services of the Consumer and/or Business Ombudsman if:

the European Dispute Resolution Committee or the services of the European Dispute Resolution Committee.

Article 18 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and/or company and must be recorded in writing or in such a way that they can be stored by the consumer and/or company in an accessible manner on a durable data carrier.

Article 19 - The Online Dispute Platform

If the consumer and/or company has a complaint about a webshop, the consumer and/or company can contact the central European reporting point of the European Commission via the official website of the European Commission: official website

Article 20 - Conformity and warranty

Non-consumable goods are guaranteed for 2 years.

The legal guarantee can be invoked if the non-conformity of the delivered goods is established within 2 years of delivery of the goods. The legal guarantee starts from the delivery of the goods to the consumer and/or company. If the goods become defective within the first six months after delivery, it is assumed that the defect has existed since delivery. The seller must prove the contrary if he does not agree. If the defect of the goods is established more than six months after delivery, the consumer and/or company must prove that the goods were non-compliant at the time of delivery.

Article 21 - Amendment of the general terms and conditions

Changes to these terms and conditions will only become effective after they have been published in an appropriate manner, provided that applicable changes will be made during the

the term of an offer, the provision most favourable to the consumer and/or company will apply.

Contact details

Questions, comments, suggestions or want to order by phone? You can reach eMpTy Specials BV - Trade name: The Wine Box,: Registered office: H.-Geestmolenstraat 175, 9160 Lokeren

Phone: +32 471 08 61 62 (Monday to Friday from 9am to 5pm)
Email: hello@thewinebox.wine

Appendix: Model withdrawal form

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