Terms of service

Brothway, hereinafter referred to as Brothway, is a brand of Beer of Belgium BV

Jan Van Looylaan 25, 8670 Sint Idesbald
VAT BE0719.258.265
hello@brothway.com

Article 1: General provisions

The Brothway webshop, a company with its registered office at Jan Van Looylaan 25, 8670 Sint Idesbald, VAT BE0719.258.265, hereinafter referred to as “Brothway”, offers its customers the possibility to purchase online.

These general terms and conditions apply to all items in the “Brothway” range and to every purchase made by the customer on www.brothway.com.

The customer accepts that these terms and conditions shall apply exclusively, to the exclusion of the customer’s own general or specific (purchase) conditions, even if such conditions stipulate that they alone shall apply.

By accepting these general terms and conditions, the customer declares that they meet the minimum legal age for purchasing alcoholic beverages in the country of consumption. The customer undertakes to provide correct personal information (name, first name, address, date of birth, etc.). If it appears that this information is incorrect, Brothway shall irrevocably cancel the order.

Article 2: Price

All prices stated are always inclusive of VAT and all other taxes that are legally to be borne by the customer. If transport, reservation or administrative charges are applied, these will be stated separately. The stated price relates exclusively to the items as described word for word. The accompanying photo is intended for decorative purposes and may contain elements (e.g. glasses, accessories, etc.) that are not included in the price.

Article 3: Offer

Each offer is available only to customers residing in the European Union and North America. The items are intended բացառապես for normal private use. Although the catalogue and website are compiled with the greatest possible care, it is nevertheless possible that the information provided is incomplete, contains material errors, or is not up to date. If you have specific questions regarding, for example, availability, delivery method or delivery time, we request that you contact our customer service department.

Brothway is only bound by an obligation of means with regard to the accuracy, currency or completeness of the information provided. Brothway can under no circumstances be held liable for material errors, typesetting or printing errors. The offer is valid while stocks last and may be modified or withdrawn at any time. Brothway is entitled, without stating reasons, to refuse orders, adjust delivery times, split deliveries, or attach other conditions to the delivery.

Article 4: Purchases

The customer has the possibility to purchase items from the Brothway range online. The purchase is concluded at the moment the customer receives a confirmation email from Brothway. The items will be delivered to the customer’s home on the delivery date indicated in the confirmation email.

The customer may choose from the following payment methods:

by credit card
by debit card
by bank transfer (in this case, the item will only be shipped once payment has been received by us. If no payment has been received after 7 days, the order will be automatically cancelled)

Article 5: Retention of title

The delivered items remain the exclusive property of Brothway until full payment has been made by the customer. However, the risk of loss or damage passes to the customer upon delivery. The customer undertakes, where necessary, to inform third parties of Brothway’s retention of title, for example anyone who might seek to seize items that have not yet been fully paid for.

Article 6: Penalties for non-payment

Without prejudice to the exercise of any other rights available to Brothway, in the event of non-payment or late payment the customer shall, by operation of law and without prior notice, owe interest of 10% per year on the unpaid amount from the date of default. In addition, the customer shall, by operation of law and without prior notice, owe fixed compensation of 10% of the amount concerned, with a minimum of EUR 50 per invoice. Without prejudice to the foregoing, Brothway reserves the right to take back items that have not been paid for in full.

Article 7: Complaints

Any visible damage and/or qualitative defect in an item or any other shortcoming in the delivery must be reported immediately, failing which any right to claim shall lapse.

Article 8: Warranty

a. Legal warranty (consumers only)

Under the law of 21 December 2004 on consumer protection in the sale of consumer goods, the consumer has legal rights. Each item is subject to the legal warranty from the date of purchase by, or where applicable delivery to, the first owner. Any commercial warranty shall not affect these rights.

b. General

To invoke the warranty, the customer must be able to present proof of purchase.

For items purchased online and delivered to the customer’s home, the customer must first contact Brothway customer service, after which the customer must return the item to Brothway at their own expense.

Any defect must be reported within 7 days of its discovery. After that period, any right to repair or replacement shall lapse.

The commercial and/or legal warranty shall never apply to defects resulting from accidents, neglect, falls, abnormal or incorrect use, use of the item contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, modifications or alterations to the item, rough handling, poor maintenance, or abnormal or incorrect use.

Nor does it apply to items with a shorter lifespan or wear-and-tear items. Defects appearing after a period of 6 months following the date of purchase or, where applicable, delivery, are presumed not to be hidden defects, unless proven otherwise by the customer.

The warranty is non-transferable.

Article 9: Right of withdrawal

The provisions of this article apply only to customers who purchase items online in their capacity as consumers. The consumer has the right to inform Brothway that they withdraw from the purchase, without payment of any penalty and without giving any reason, within 14 days from the day following delivery of the product. Customers wishing to exercise the right of withdrawal must contact Brothway customer service within 14 days of delivery and must return the goods to Brothway at their own expense within 20 days of delivery of the goods, at Jan Van Looylaan 25, 8670 Sint Idesbald, Belgium.

Goods with a total sales price of EUR 100 or more must be returned to us by courier (DHL, FedEx, etc.). Only items in their original and undamaged packaging, together with all accessories, instructions for use, and invoice or proof of purchase, may be taken back.

Under no circumstances will the following be taken back:

used, soiled, damaged or incomplete items
items whose packaging (or part thereof) has been opened
items which by their nature cannot be returned

Article 10: Privacy

Brothway undertakes to use your data exclusively for the performance of the agreement concluded through your order and to send you information from Brothway without obligation. If you would also like to receive information by email, please provide your email address.

We treat your data as confidential information and will never pass it on, rent it out or sell it to third parties. You may request, correct, change or have deleted the data we keep about you in Brothway’s customer list at any time, and you may refuse the use of your data by Brothway for sending you information. It is sufficient to request this in writing at the address stated below: Brothway, Jan Van Looylaan 25, 8670 Sint Idesbald, Belgium.

The customer is personally responsible for keeping their login details confidential and for the use of their password. Your password is stored in encrypted form; Brothway therefore has no access to your password. Brothway strictly respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data. Through your user profile, you have access to all available data concerning you on Brothway for consultation, modification or deletion. Brothway uses cookies. Cookies are a standard internet technology that makes it possible to store and retrieve certain information on the user’s system. Cookies cannot be used to identify individuals; a cookie can only identify a machine. Every internet user can configure their computer so that cookies are not accepted. If your computer does not accept cookies, you may experience problems during the ordering procedure. If this is the case, we request that you contact us so that we can still process your order. Brothway keeps online (anonymous) visitor statistics in order to see which pages of the website are visited and to what extent. If you have any questions about this privacy statement, you can contact us at support@brothway.com.

Article 11: Impairment of validity – no waiver

If any provision of these terms and conditions is declared invalid, unlawful or void, this shall in no way affect the validity, lawfulness and applicability of the other provisions.

Any failure by Brothway at any time to enforce any of the rights listed in these terms and conditions, or to exercise any right hereunder, shall never be considered a waiver of such provision and shall never affect the validity of these rights.

Article 12: Brothway customer service

Brothway customer service can be reached by email at support@brothway.com or by post at the following address:
Brothway, Jan Van Looylaan 25, 8670 Sint Idesbald, Belgium.

Article 13: Amendment of terms

These terms and conditions are supplemented by other conditions explicitly referred to, and by Brothway’s general terms of sale. In the event of contradiction, these present terms shall prevail.

Brothway may amend these terms and conditions at any time without prior notice. Any purchase after such amendment implies acceptance by the customer of these new terms and conditions.

Article 14: Evidence

The customer accepts that electronic communications and backups may serve as evidence.

Article 15: Applicable law – competent court

Belgian law shall apply, with the exception of the rules of private international law concerning applicable law and with the exception of the Rome I Regulation on international sales contracts relating to movable property. In the event of any disputes, only the courts of Belgium shall have jurisdiction.