General Terms and Conditions

The French, German and English translations of these general terms and conditions of use are solely provided for information.
In the event of a dispute, only the Dutch language version of these general terms and conditions of use shall apply.

Frequently asked questions about www.brouwland.com

1. What is meant by the terms used in these General Terms and Conditions?

To clarify some of the terms used in these General Terms and Conditions we would like to define the following concepts here:

  • Generally where we refer to the "Purchaser" or "you" in these General Terms and Conditions, we are referring to the natural or the legal person who buys one or more goods or services via this Website, places an order for these or asks for a quotation.
  • By "Consumer" we mean all Purchasers who buy only for non-professional purposes, one of more goods or services via this Website, place an order for these or ask for a quotation.
  • Brouwland” is BVBA Brouwland, which has its registered office at 3581 Beverlo (Belgium), Korspelsesteenweg 86, and the company number 0412.461.618.
  • By "General Terms and Conditions" we mean the complete list of questions and answers for these general terms and conditions.

The terms which are defined here apply to all questions in the General Terms and Conditions.

2. Who are we?

The ordering and sale of goods via this Website is brought to you by the private limited liability company Brouwland, which has its registered office at 3581 Beverlo (Belgium), Korspelsesteenweg 86. It has company number 0412.461.618, is registered with the VAT-administration under number BE0412.461.618 and is located in the judicial district of Hasselt.

3. Which conditions apply to my order and agreements?

By using this Website, filling your digital shopping cart at Brouwland, placing an order, registering for a workshop and/or concluding an agreement via the Website, the Purchaser declares that they are aware of and agree with these General Terms and Conditions and all other rights and duties as indicated on the Website. In these cases, the Purchaser is also bound by these General Terms and Conditions and the above rights and duties.

The legal relationship between the Purchaser and Brouwland, and everything related to it, is exclusively governed by the following standards: (in hierarchically descending order, the following one to be used in the absence of or non relevance of the previous) (1) a written and signed special agreement; (2) the electronic order confirmation; (3) these General Terms and Conditions (4) articles 4-39 and 41-88 of the Vienna Sales Convention; (5) Belgian law.

Brouwland rejects all other standards and conditions, with the sole exception of any conditions that Brouwland has explicitly agreed with the Purchaser in writing. These explicitly accepted, written variations are only valid for the agreement which they relate to and cannot be relied on for other possible agreements, even when they are similar.

The Purchaser accepts that these General Terms and Conditions alone shall apply, and to the exclusion of his own general or specific (purchase) terms and conditions, even if those state that they are the only ones which apply.

Brouwland reserves the right at all times to change these General Terms and Conditions. Changes also apply to previously reached agreements. After notification to the Purchaser, the latter has 5 working days to formulate any comments in relation to these. If the Purchaser formulates any comments, then Brouwland shall negotiate with the Purchaser in relation to these comments. If no comments are forthcoming within the limit of five working days, then the Purchaser is deemed to have – implicitly – accepted the changes, and the new terms and conditions will be deemed to apply with immediate effect from the time of notification to the Purchaser.

These General Terms and Conditions do not infringe the legal rights which apply as of right to Consumers under the relevant national legislation in relation to consumer protection.

If any one or more provisions in these General Terms and Conditions appear to be invalid or are cancelled by a judge, the other provisions of these General Terms and Conditions remain in effect. In that case Brouwland and the Purchaser shall consult on the provision deemed or judged invalid in order to reach a replacement agreement which is, as far as possible, in line with the intention of these General Terms and Conditions.

If Brouwland on occasion, or even repeatedly, does not enforce one or more of the rights summarised in these General Terms and Conditions this can only be regarded as toleration of a given situation and does not imply any legal effect. This kind of failure to act may never be regarded as abandonment of the provision(s) and will never affect the validity of these rights.

4. How long are offers on the Website valid?

Any offer on the Website is purely for information. Brouwland can change or withdraw what is offered on the Website at any time. Offers are in all cases only valid while stocks last. Obvious omissions and/or obvious errors in what is offered are not binding on Brouwland.

Despite the fact that the catalogue and Website are created with the utmost care, it is still possible that the information provided is incomplete, includes material errors or is not up-to-date.

Brouwland is only required to use its best efforts to ensure the information provided is accurate, up-to-date and complete. Brouwland is never liable for material errors, typing or printing errors.

5. When is my order definitive?

An agreement only exists once the Purchaser has placed an order on the Website, and Brouwland has confirmed this order by email (hereafter referred to as the "order confirmation").

Brouwland reserves the right at all times to reject orders – without providing any reasons.

6. Am I creating a valid contract online?

Brouwland and the Purchaser agree explicitly that a valid agreement is being entered into, including using electronic communications, as described in question 7 of these General Terms and Conditions. The lack of a handwritten, standard signature does not invalidate the binding nature of the acceptance of the order. The electronic files which are retained by Brouwland constitute proof of this.

Brouwland assumes reasonably that the person who places the order, and so endeavours to enter into an agreement, is entitled and empowered to commit the Purchaser.

7. What is included in the prices shown for products?

The prices shown relate only to the items as they are described in words. Consumables, accessories, attachments which are not mentioned in the information about a given product are not included. The photo shown is intended for display purposes and may include elements which are not included in the price listed.

All prices on the Website include VAT and are in euro.

All prices apply to FCA Beverlo (Incoterms 2010).

Shipping costs are not included. They depend on the selected delivery method, the weight of the items, the delivery address, etc.

If reservation or administrative costs are added this is stated separately.

Always be aware that there may be additional costs which are linked to your choice of payment option (see question 13. What are my payment options?).

8. How much do I have to pay for shipping?

You only pay for delivery if you opt for delivery.

The shipping costs depend on the selected delivery method, the weight of the items, the delivery address etc.

If you order online, at Step 3 of the order process, 'Delivery' you can see exactly how much will be added for shipping.

If you order by fax, phone or email, our customer services department will tell you the cost on request.

You can see the chosen delivery method and final shipping costs on your order confirmation, which you will receive once the agreement is final.

9. What do I need to pay now?

As Purchaser you are required to pay the price which is shown in 'Step 4. Review' and in the order confirmation you receive, as described in question 7 of these General Terms and Conditions.

Obvious errors, changes or omissions (as well as obvious inaccuracies) can be corrected by Brouwland even after the agreement is finalised.

Always be aware that there may be additional costs which are linked to your choice of payment option (see question 13. What is the effect of choosing a particular payment option?).

10. How long are prices valid?

Brouwland reserves the right to change the prices shown on the Website at any time. Nevertheless the items will be invoiced on the basis of the prices which apply at the time that the order is accepted.

Exchange rate fluctuations, increases in the price of materials and raw materials, wages, salaries, social charges, costs imposed by the authorities, (environmental) taxes and levies, transport costs, import and export duties or insurance premiums (this list is not exhaustive), which occur between the time of placing the order and the delivery of the goods may cause an increase in the price. Should the price be increased, you also have the right, within 48 hours, to cancel the agreement at no cost to you. This cancellation cannot give rise to any payment of damages by Brouwland.

11. When and how do I have to pay for my order?

In principle you always need to pay in advance.

Companies, public institutions, schools and organisations should contact our customer services department for special payment terms.

When you place an order you can choose between various payment options:

  • Credit card (Visa/MasterCard).
  • PayPal
  • iDEAL
  • Payment in advance by bank transfer

You choose your payment method in Step 5. 'Payment' of the order process. If you opt to pay in advance by bank transfer, you will find the bank details on the order confirmation and in the email you will receive. Your order will be shipped after we have received the payment.

Always be aware that there may be additional costs which are linked to your choice of payment option (see question 13. What is the effect of choosing a particular payment option?).

12. What if I have not paid yet?

Unless a different payment arrangement has been specially agreed between Brouwland and the Purchaser, no delivery will be made until payment has been made in full.

If a different payment arrangement has been specially agreed between Brouwland and the Purchaser, the invoices need to be paid at the times agreed in this arrangement. Complaints about invoices must, if they are to be accepted, be reported to Brouwland within 3 working days. These complaints do not release the Purchaser from the need to pay the invoice(s).

If the Purchaser does not pay the order on time, Brouwland reserves the right to cancel delivery of the order and of other orders.

The Purchaser will be charged interest at a rate of 10% per annum on the unpaid amount, automatically and without prior notification of payment default, from the date on which the invoice is due. In addition, the Purchaser will be charged, automatically and without prior notification, a flat-rate fee for damages of 10% of the amount involved, with a minimum of EUR 25 per invoice.

Brouwland also reserves the right to cancel the agreement in question, and possibly other agreements which have not yet been delivered, without seeking a court order and without prior notification, if the Purchaser does not pay for the order on time. In this case, the Purchaser will owe a flat-rate payment for damages of 35% of the amount still to be paid, without affecting Brouwland's right to prove higher damages, and without affecting any other rights Brouwland may acquire due to the non-payment by the Purchaser.

If an invoice remains unpaid by the due date, along with any additional interest or damages, all other invoices, even if they have not yet reached their due date, become due for payment automatically and without additional notification, replacing their original payment terms. The same applies in the case of imminent bankruptcy, legally imposed or voluntary dissolution, procedures under the Business Continuity Law, suspension of payments, and any other indication of the Purchaser's lack of solvency.

All goods supplied remain the exclusive property of Brouwland until such time as full payment has been made of the principal, interest and costs by the Purchaser. Until then, the Purchaser may not sell the goods or offer them as securities to third parties or dispose of them in any way. If the Purchaser does nevertheless resell the purchased goods before the above amounts have been fully and correctly paid, the above rights of collection apply to the sales price received. The risk of loss or damage also transfers to the Purchaser at the time of delivery. The Purchaser undertakes to inform third parties as necessary of Brouwland's rights of ownership (for example anyone who lays claim to items which have not yet been fully paid).

In the event of non-payment or incomplete payment by the due date of any one invoice, Brouwland has the legal right, without further notification, to demand the return of the delivered goods from the Purchaser. If Brouwland receives the returned goods and these are still in good condition (which includes an assessment of whether the goods have been stored at the correct temperature), any amounts which have already been paid will be refunded to the Purchaser after deduction of: (1) loss of earnings, estimated at a flat rate of 15% of the total value of the invoice; and (2) a flat-rate compensation for damages of 5% of the total invoice amount, for (extra) management and administration costs. This applies without prejudice to Brouwland's right to provide proof of more substantial damages.

13. What is the effect of choosing a particular payment option?

When using the payment systems mentioned above, the Purchaser must also respect any conditions imposed by the relevant payment processors. Brouwland is not a party to the relationship between the Purchaser and the payment system processors.

14. Can I pay safely online?

For the processing of online payments Brouwland uses external professionals and specialised partners who manage a payment platform. Brouwland uses its best endeavours to organise online payment options in a user friendly and secure manner which respects personal privacy. The Purchaser's financial details which are entered as part of an online payment are only exchanged between the external partner and the relevant financial institutions. Brouwland has no access to the Purchaser's confidential financial information.

Online payments are carried out using secure protocols. The general terms and conditions of the external manager of the payment platform apply to all online payments, and they are also solely responsible for the correct completion of all online payments.

Brouwland cannot be held responsible or liable under any circumstances for the processing of online payments, nor for the storage and processing of the Purchaser's confidential financial data.

15. What is standard delivery?

Delivery is always performed FCA Beverlo (Incoterms® 2010). Brouwland has fulfilled its commitments relating to delivery once the goods:

  • have been collected by the transporter selected by the Purchaser, if the Purchaser opted for delivery;
  • have been collected by the Purchaser's own means of transport, if the Purchaser opted to collect the goods themselves.

Any delivery which is not explicitly included in the order by the Purchasers and/or the order confirmation from Brouwland will be regarded as an additional delivery at the request by the Purchaser and will be invoiced as such.

Except in relation to agreements with a Consumer, Brouwland always reserves the right to make part deliveries or to apply further conditions to delivery.

16. What is the delivery date?

Brouwland aims to prepare and ship orders within 2 to 3 business days from receipt of order; provided that the ordered items are in stock..

Depending on the destination, you should receive your order within 2 to 4 days.

All delivery dates, including on quotations, orders and order confirmations are advisory and do not form a material part of Brouwland's undertakings to the Purchaser. Exceeding the quoted delivery date can never provide the cause for payment of any compensatory damages nor for cancellation of the purchase between Brouwland and the Purchaser. Under no circumstances can Brouwland be held liable for delays caused by the Purchaser or third parties.

To find out the precise delivery period, please contact our customer services department:

The information provided by customer services concerning delivery timing is not binding for Brouwland and is purely for information.

17. What happens if I'm out when my order is delivered?

If you're out when the courier comes to deliver your parcel, they will leave a card in your letterbox and usually try to deliver the parcel again at another time. If you are also out the second time, you can normally collect the package from a local distribution point or you may be asked to contact Brouwland to arrange another delivery date. Brouwland reserves the right to invoice you for the actual costs for the repeated delivery.

18. Can I also collect my order?

Of course. If you order online, at Step 3, 'Delivery', check the option to collect your order from Brouwland.

If you order by fax, phone or e-mail, indicate clearly that you want to collect your order.

If you want to collect your order from an outlet, you need to place your order with that outlet. They will process your order.

If you've placed an order with one of our outlets and you have a question about this, please contact the distributor as Brouwland does not have your order details.

19. What if something is wrong with the goods when they are delivered?

Always check on delivery to see if you have received the correct items and whether there is any external damage. On delivery you must always sign a delivery note for correct receipt of the goods.

Unsigned delivery notes will be regarded as a correct delivery. Taking receipt of the goods implies their acceptance.

Damage in transit must be notified immediately it is noticed, both to the courier at the time of delivery and in writing to Brouwland (within 48 hours). If you notice that your parcel has been visibly damaged during transport, you must always state your reservations in writing when signing the delivery note on receipt. Be sure to take a photo of the damaged delivery and email it to us with a description of the complaint at sales@brouwland.com.

You will always lose the right to rely on any defect and/or faults as soon as you and/or third parties use the purchased goods (in full or in part), process them, repackage them and/or resell them.

The Purchaser is required to reimburse costs occasioned by the submission of invalid complaints.

20. What if I find there is something wrong with the products I ordered after delivery?

Complaints relating to visible defects, or faulty products received, other than for damage in transit, must be notified in writing to Brouwland within 48 hours of receipt of the goods, quoting the correct delivery note or order confirmation reference.

Complaints relating to visible defects in the goods received which are submitted by the Purchaser more than 48 hours after receipt of the goods, or after starting to use them, will be processed by Brouwland on the basis of the guarantee rules which apply.

Complaints relating to hidden defects in the delivered goods must be reported within 48 hours of discovery of the fault, or they may be rejected, up to a maximum of 24 months from the date of delivery, in writing to Brouwland, quoting the correct delivery note or order confirmation reference.

Submission of a complaint does not exempt the Purchaser from the requirement to pay for the goods.

You will always lose the right to rely on any defect and/or faults as soon as you and/or third parties use the purchased goods (in full or in part), process them, repackage them and/or resell them.

The Purchaser is required to reimburse the costs occasioned by the submission of invalid complaints.

21. Can I cancel an order?

Cancellation of an order is only possible for standard items from the price list in normal quantities. The cancellation is free of charge if the order has not yet been despatched. If you cancel your order after it has been despatched, then you need to follow the cancellation procedure described under question 22. Can I still cancel the order, even after receiving and paying for the goods?

If you want to cancel an order, please contact customer services immediately:

22. Can I still cancel the order, even after receiving and paying for the goods?

Yes, as a Consumer you can send back or exchange items ordered via the Website, unless the right of cancellation is explicitly excluded, without any problems within 14 calendar days of receipt. Every Consumer can exercise this right without paying any penalty and/or providing any reason, provided the following conditions are met:

  1. The items must be returned to us complete, in unused and undamaged condition and in the original and undamaged packaging.
  2. The cancellation must take place within a period of 14 days, which starts from the day and date on which receipt of delivery is signed for.
  3. These are goods for which the right of cancellation is not explicitly excluded (see question 23.  Does the right of cancellation apply to all products?)

If you want to exercise your right to cancellation you must contact Brouwland within 14 days. You can do this by phoning +32 11 40 14 08, by email (sales@brouwland.com) or by using the standard form which you can download here.

You must return the goods immediately in person or by sending them, and in all cases within 14 days from the date on which you informed Brouwland of your decision to take advantage of your right to cancellation.

Goods may only be returned after Brouwland has been notified. We will arrange with you how the package is to be returned. The return shipment must always be accompanied by a clearly filled in return form which you can download here.

You must return the products in the original, undamaged and original packaging, without any printed tape, sticker, nor any writing on the box, together with all accessories, instructions for use and (a copy of) the invoice/delivery note to:

BVBA Brouwland
Korspelsesteenweg 86
3581 Beverlo
Belgium

You are responsible for the package from the moment it is sent until it is received by Brouwland. If you want to send goods back then you must use a reputable courier service. The shipping costs for returns are borne by the Purchaser.

If you want to bring the goods back yourself then you can do this during Brouwland's opening hours, which are shown on the Website.

At the latest fourteen days after the day we received notice that you want to exercise your right of cancellation, we will reimburse the amount you have already paid, including shipping costs, on condition that the goods were returned to us under the conditions set out above. Important: if you opted for a different form of delivery when purchasing than the standard, cheapest delivery, we will not reimburse the delivery costs.

We will only reimburse you when we have received all the items for which you want to exercise your right of cancellation, or if you have provided proof of these being sent - depending which occurs first.

Unless you have explicitly agreed to another (re)payment method, Brouwland will use the same payment method as you used to make the payment to Brouwland.

23. Does the right of cancellation apply to all products?

No, the right of cancellation does not apply to, for example:

  • service agreements (such as workshops) when their performance has already begun, with your agreement:
  • goods of a clearly personal character:
  • goods which spoil or age quickly or which have a limited shelf-life (such as yeasts, enzymes, etc.);
  • combined items which – for reasons of health protection or hygiene – are not suitable for returning once the package has been opened (e.g. additives, etc.);
  • sealed audio and video recordings once you have opened the packaging;
  • newspapers, journals or magazines (unless dealing with a subscription);
  • delivery of digital contents which are not supplied on a physical medium.

You must also remember that as a Consumer you are liable for any reduction in value to the goods resulting from any handling of the goods which went further than what was required to determine the type, the features and the functioning of the products.

24. Do I have a guarantee on the items I purchased?

If you are a Consumer you enjoy a legal guarantee, in line with the law dated 21 September 2004 relating to the protection of consumers on the sale of consumer goods (Decree 21/09/2004) This is a manufacturer's guarantee. The date of the invoice is the start date for this guarantee. Make sure to keep the original invoice.

If the Purchaser is not a Consumer, then this legal guarantee does not apply.

Please note, not following the instructions for use and the manufacture's instructions can invalidate the guarantee. The guarantee is not transferable.

The guarantee also does not apply to items with a short lifetime, or items which suffer wear and tear.

Defects which appear within a period of 6 months after delivery are not regarded as being hidden defects unless proven otherwise by the Purchaser.

The above applies regardless of any commercial guarantee which Brouwland may offer.

25. Do I have a guarantee on repairs carried out by Brouwland?

Yes, whether inside or after the end of the guarantee period, the after-sales service from Brouwland will help you quickly and properly. You receive a three-month warranty on repairs carried out by or through Brouwland.

26. How does the guarantee procedure work?

If your product is still under warranty, Brouwland will repair or replace it free of charge.

If you wish to use the warranty, you need to contact customer services:

Any Purchaser who wants to make a claim against the warranty must return to Brouwland at his own cost the items under guarantee which they bought online and which were sent to them.

Any faults must be reported by the Purchaser within 48 hours of noticing them. After this, any right to repair or replacement lapses.

27. Can I lose my guarantee?

No warranty applies if:

  • the returned product is inadequately protected against damage during transport;
  • you have made changes to the product yourself or have not used the product correctly;
  • you did not follow the instructions for use or the handbook;
  • you have deliberately broken the product or mishandled it;
  • you did not maintain the product properly;
  • external factors were involved such as lightning, power cut, natural disasters, etc.;
  • you are unable to present the original invoice, it has been altered or rendered illegible;
  • Brouwland was not informed of the complaint (promptly), did not have enough time to examine it and repair the fault if necessary.

28. Do I have to pay anything if my products are covered by warranty?

Repairs and/or replacement under warranty in case of hidden defects and manufacturing defects always take place EXW at the Beverlo factory (Incoterms 2010). So you always need to pay all transport and other costs.

A call-out fee and/or transport charge will be payable for repairs on-site.

29. What is Brouwland liable for?

Brouwland's liability with respect to the Purchaser is limited to the liability enforced by the law, and in all cases is limited to the lower of the following two amounts: (1) the relevant invoice value; (2) the amount that Brouwland will receive from its insurer in the context of the relevant liability claim under the third party liability policy taken out by Brouwland.

In relation to the Purchaser, Brouwland is under no circumstances liable for indirect losses (including loss of earnings), losses caused by the Purchaser and/or third parties, nor for losses resulting from the Purchaser not complying with legal and/or other requirements. The Purchaser will fully safeguard, defend and indemnify Brouwland in relation to all possible demands or procedures resulting from (incorrect) use/processing and/or as a result of the non-compliance by the Purchaser with legal and/or other requirements.

Brouwland is not liable for any shortcomings in its duties caused by force majeure and/or hardship in the widest possible sense of both legal terms, including, but not restricted to: social unrest, traffic jams, fires, weather conditions, technical defects, scarcity of raw materials, price fluctuations, suspension of business, energy supply failures, disruption of (telecommunication) networks or connections or of communication systems used, and/or at any time unavailability of the Website, failure to deliver or late delivery by suppliers or other third parties who are relied on, etc. In the event of force majeure and/or hardship, Brouwland may use its own preference and judgement: (1) to temporarily suspend the performance of its commitments; (2) to cancel the agreement with the Purchaser; (3) to invite the Purchaser to negotiate new, adjusted conditions.

30. Which of my details will Brouwland use and what will they do with them?

Whenever you visit our website, our webserver automatically recognises just your domain name, not your email address. When you visit our website, we save your email address if you post messages/questions on this site, and/or if you communicate it to us, along with all the information you provide voluntarily, for instance when subscribing to our newsletter.

Brouwland does not receive (or store) any data relating to payments and is in no sense liable for this (see question 14. Can I pay safely online?).

This information is used to improve the content of our website, to optimise the content and layout of our pages for each individual visitor and to tell you about updates to our site or contact you afterwards for marketing purposes.

The information is only used internally and is not passed to other organisations for commercial purposes. Brouwland uses cookies on the Website to register your preferences, such as information about your shopping list, and to adapt the content and presentation of the site based on your browser type or other information sent by the browser. (A cookie is a small file that is sent by an internet server and installs itself on your computer's hard drive. This file tracks the internet site visited and contains a number of data items about this visit).

We do not have any partnerships or special relationships with third parties on the internet. To receive or transmit certain critical information, such as financial information, we use a secure server. You will be informed of this via a pop-up.

If you wish to respond to our privacy policy, you can contact us:

Brouwland handles all data provided by a Purchaser in accordance with the provisions of the law dated 8 December 1992 relating to the processing of personal data. Under the provisions of this law, you have the right to see, to correct and to delete all data held against your name, subject to the provisions laid down in the law.

You can object at any time, free of charge and on request, against the use of your data in relation to direct marketing. For this you must contact Brouwland. You can do so using the above email and postal addresses.

The fact that the Purchaser filled out a form on the Website with their personal details allows Brouwland to process these personal details and to use them for internal business management. 'Internal business management' comprises customer administration, managing orders, deliveries, invoicing, services, credit checking as well as marketing and personalised publicity.

Be aware that the Internet is a publicly accessible system. Voluntarily making personal details available online occurs at your own risk.

The Purchaser accepts that electronic communications and backups can be used as evidence.

31. Can I make use of debt offsetting?

Under the Law on Financial Securities dated 15 December 2004, Brouwland and the Purchaser automatically offset all currently existing and future debts to each other. This means that in a permanent relationship between the two parties, only the balance of the larger debt owing is due.

32. In which languages can I obtain the General Terms and Conditions?

These General Terms and Conditions can be obtained by simply sending a request, and also by looking on the Website, in Dutch, French, German and English. The Dutch version of these General Terms and Conditions is the only legally binding version.

33. What if we have a dispute?

For any disputes only the courts in Hasselt have jurisdiction. 

As a Consumer you can opt to file an application for out of court settlement of the dispute to the Consumer Mediation Service of the FPS Economy (via following link: http://www.consumerombudsman.be//en). This service will handle the request or forward it to a qualified entity.

Are you a Consumer residing outside Belgium (but within the EU), then you can also invoke the Online Dispute Resolution platform of the European Union via this link: http://ec.europa.eu/odr