Terms and conditions

 

1. Scope

These Terms and Conditions apply to use of the website opius-distillery.com (the “Website”) and to consumer purchases made through the European online store operated by OPIUS BV (“OPIUS”, “we”, “us” or “our”). By placing an order, you confirm that you have read and accepted these Terms and Conditions, the Privacy Policy and the separate Right of Withdrawal page.

These Terms and Conditions do not apply to purchases made through the separate OPIUS USA store. Specific written terms may apply to wholesale, hospitality, distributor or other professional orders. If you purchase mainly for professional purposes or provide a VAT number for a professional order, mandatory consumer rights may not apply.

2. Seller information

OPIUS BV

Hundelgemsesteenweg 296/A

9820 Merelbeke-Melle, Belgium

Enterprise and VAT number: BE 0741.362.783

Email: info@opius.be

3. Products and website information

We take reasonable care to describe and display our products accurately. Images are illustrative and colours, labels, packaging and presentation may vary. Because OPIUS products are made in batches using natural ingredients, minor variations in colour, aroma, flavour, sediment or appearance may occur and do not in themselves constitute a defect.

Product composition, allergens, nutritional information, net quantity, best-before information and storage instructions are stated on the product page and/or the product label. Please read this information before purchase and again before consumption. If you have an allergy, intolerance or health-related question, contact us before ordering. Information on the Website is general product information and is not medical advice.

We may update product information, packaging and availability. Any such change will not affect an order already accepted unless the change is required by law or you expressly agree to it.

4. Eligibility and acceptable use

You must be legally capable of entering into a binding contract. You may not use the Website unlawfully, interfere with its security or operation, submit false information, impersonate another person, or infringe our or any third party’s rights.

5. Ordering and formation of the contract

The products displayed on the Website are an invitation to place an order and are subject to availability. Before submitting your order, you can review and correct your cart, delivery details and payment information. By clicking the final order button, you place an order with an obligation to pay.

After you place an order, we send an electronic acknowledgement. The sales contract is concluded when we send the order confirmation, unless the checkout clearly states otherwise. Please check the confirmation and contact us promptly if any detail is incorrect.

We may refuse or cancel an order before dispatch where a product is unavailable, a price or product description contains an obvious error, payment is not authorised, fraud or misuse is reasonably suspected, delivery to the requested destination is not possible, or a legal restriction prevents the sale. If payment has already been taken, we will refund the relevant amount without undue delay.

6. Prices, taxes and shipping costs

Prices are shown in the currency indicated on the Website and include VAT where applicable, unless expressly stated otherwise. Delivery charges and any other mandatory charges are shown before you place the order. The total price displayed at checkout is the amount payable to us.

For deliveries outside the European Union, local import duties, taxes, customs charges or handling fees may apply. Unless the checkout expressly states that we collect them, these charges are not included in our price and are the customer’s responsibility.

We may change prices at any time, but price changes do not affect orders already confirmed. If an obvious pricing error occurs, we may cancel the affected order and refund any amount paid.

7. Payment

The webshop is operated directly by OPIUS BV. You can pay using the methods offered at checkout. Payments are processed securely through the payment service providers integrated into our webshop. We do not normally receive or store your complete payment-card details. You confirm that you are authorised to use the selected payment method and that the billing information you provide is accurate.

8. Delivery

We deliver to the destinations made available at checkout. Current delivery options, charges and estimated timeframes are displayed on the Website and/or during checkout. Timeframes are estimates unless expressly stated as a guaranteed date.

We will deliver without undue delay and, unless another delivery period has been agreed, no later than 30 days after conclusion of the contract. If delivery is delayed, we will inform you. Your statutory right to set an additional reasonable delivery period and, where legally permitted, to cancel the contract remains unaffected.

Risk of loss or damage passes to you when you or a third party designated by you, other than the carrier, takes physical possession of the goods. This does not apply where you independently appoint a carrier not offered by us, in which case the statutory rules apply.

You are responsible for providing a complete and accurate delivery address. If a parcel is returned because the address was incorrect, incomplete or the parcel was not collected, we may charge the reasonable cost of resending it, unless the failure was attributable to us or the carrier.

Please inspect the parcel on delivery and notify us as soon as reasonably possible at info@opius.be if it is damaged, incomplete or incorrect, preferably with your order number and photographs. Failure to notify us within a particular voluntary reporting period does not remove any mandatory legal rights.

9. Right of withdrawal

If you are an EU consumer, you generally have 14 days from the day on which you or a person designated by you, other than the carrier, receives the goods to withdraw from the purchase without giving a reason. Where one order is delivered in several parts, the period starts when the last item is received.

The complete instructions, online withdrawal function, return process, refund rules and model information are available on our separate Right of Withdrawal page: https://opius-distillery.com/pages/withdrawal-form. That page forms part of these Terms and Conditions.

In summary, you must notify us before the withdrawal period expires and return eligible goods within 14 days after notifying us. You bear the direct return cost unless we agree otherwise or failed to inform you of that cost. We reimburse eligible payments, including the least expensive standard outbound delivery cost, using the original payment method unless agreed otherwise. We may withhold reimbursement until we receive the goods or you provide evidence of return, whichever occurs first.

The right of withdrawal does not apply where a statutory exception applies, including goods made to your specifications or clearly personalised, and sealed goods that are not suitable for return for health-protection or hygiene reasons once unsealed. Opened bottles may therefore be excluded where the legal conditions for that exception are met. This does not affect your rights where a product is defective, damaged or not in conformity with the contract.

10. Legal guarantee and non-conforming products

Consumers benefit from the mandatory legal guarantee of conformity under Belgian law. For new goods, the legal guarantee generally applies for two years from delivery. You should notify us of a lack of conformity as soon as reasonably possible after discovering it.

If a product is defective or does not conform to the contract, you may be entitled to a remedy free of charge in accordance with the law. Depending on the circumstances, this may include replacement, an appropriate price reduction or termination of the contract and reimbursement. Nothing in these Terms and Conditions limits rights that cannot lawfully be excluded.

To make a guarantee claim, email info@opius.be with your order number, a description of the issue and, where useful, photographs. Original packaging is not a condition for exercising the legal guarantee, although proof of purchase may be required.

11. Voluntary returns and promotions

Any voluntary return promise, discount, bundle, promotional code, gift or campaign is subject to the specific conditions communicated with that offer. A voluntary policy never reduces your statutory rights. Unless stated otherwise, promotional codes cannot be exchanged for cash, combined or applied retrospectively.

12. Liability

We are responsible for foreseeable loss or damage caused by our breach of these Terms and Conditions or our negligence, subject to applicable law. We are not responsible for loss caused by your misuse of a product, failure to follow label or storage instructions, inaccurate information supplied by you, or events outside our reasonable control.

Nothing in these Terms and Conditions excludes or limits liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence, defective products where liability cannot be excluded, or any other liability or mandatory consumer right that cannot legally be limited.

If you act for professional purposes, our liability may be subject to separate B2B terms agreed in writing.

13. Intellectual property

The Website and its content, including the OPIUS name, trademarks, logos, product names, texts, recipes, photographs, illustrations, video, design and software, are owned by or licensed to OPIUS and are protected by intellectual-property laws. You may use the Website for personal, non-commercial purposes only. No content may be reproduced, modified, distributed or commercially used without prior written permission, except where permitted by mandatory law.

14. Website availability and third-party links

We may maintain, update, suspend or change the Website. We do not guarantee uninterrupted or error-free availability. The Website may link to third-party sites or services that we do not control. We are not responsible for their content or practices, without prejudice to any responsibility that cannot legally be excluded.

15. Personal data

We process personal data in accordance with our Privacy Policy, available at https://opius-distillery.com/pages/privacy-policy. Cookie choices can be managed through the cookie settings tool on the Website.

16. Complaints and consumer mediation

Please send complaints to info@opius.be. We will try to resolve them promptly and fairly. Include your contact details, order number and a clear description of the issue.

If we cannot resolve a consumer dispute directly, you may contact the Belgian Consumer Mediation Service (Service de Médiation pour le Consommateur / Consumentenombudsdienst), Boulevard du Roi Albert II 8 box 1, 1000 Brussels, Belgium, via https://www.consumerombudsman.be. This information does not restrict your right to bring proceedings before a competent court.

17. Changes to these Terms and Conditions

We may update these Terms and Conditions to reflect legal, technical or business changes. The version applicable to a purchase is the version made available when you placed the order. Material changes will not retrospectively alter confirmed orders unless required by law or agreed with you.

18. Governing law and disputes

These Terms and Conditions and purchases from the European online store are governed by Belgian law. If you are a consumer resident in another country, you also retain the protection of mandatory consumer-law provisions applicable in your country of residence.

The competent Belgian courts have jurisdiction, without depriving a consumer of any right under mandatory law to bring proceedings in the courts of the consumer’s place of residence.

19. Severability and contact

If any provision is invalid or unenforceable, the remaining provisions remain in effect. Questions about these Terms and Conditions may be sent to info@opius.be or to OPIUS BV at the address stated above.