General terms and conditions Austria Wines

Article 1: Applicability

These general sales terms and conditions apply to all offers, orders and deliveries by MK PROJECTS BV with the exclusion of the buyer's general terms and conditions. Deviation from these general terms and conditions is only possible if special terms and conditions are expressly included in a written offer or contract. Should there be any contradiction between the general sales terms and conditions and the special terms and conditions contained in an offer or contract, the special terms and conditions expressly agreed in writing shall take priority.
The application of these general sales terms and conditions is accepted by the buyer by the simple fact of making an agreement or accepting a delivery. No deviation from these general sales terms and conditions can be allowed, unless this deviation is explicitly agreed in writing.

Article 2: Quotations

All offers from MK PROJECTS BV are without obligation, unless otherwise stated in the offer. If the buyer accepts the offer without obligation, MK PROJECTS BV reserves the right to revoke or deviate from the offer within 3 working days after acceptance from the buyer. MK PROJECTS BV shall only be bounded by any verbal agreement after MK PROJECTS BV has expressly confirmed it in writing. Offers made by MK PROJECTS BV do not automatically apply to repeat orders. MK PROJECTS BV cannot be bounded by its offer if the customer should have understood that the offer, or a part of the offer, contained an obvious mistake or error in writing. Additions, changes and/or further agreements are only effective if agreed in writing.

Article 3: Prices

All offers, rates and price lists are indicative, unless otherwise stipulated in writing by MK PROJECTS BV. All prices are per unit or per bottle, including VAT, unless stated otherwise. Prices will not be increased within the term of an offer, unless legal measures make this necessary or if the manufacturer implements intermediate price increases. All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. All prices on the site are in EURO and include Belgian VAT (21%), excluding shipping costs. All prices are per piece, unless otherwise indicated. If, shortly after a product has been purchased, a product that has already been purchased is found to have been reduced in price, the customer cannot claim a refund for the price difference.

Article 4: Data management

If you place an order with MK PROJECTS BV, your data will be included in the customer database. MK PROJECTS BV will not pass on your data to third parties. MK PROJECTS BV respects the privacy of the users of the internet site and ensures the confidential treatment of your personal data. In some cases MK PROJECTS BV uses a mailing list. Each mailing contains instructions on how to remove yourself from this list.

Article 5: Retention of title

The goods supplied by MK PROJECTS BV shall remain the property of MK PROJECTS BV until full payment for the goods has been made. MK PROJECTS BV shall be entitled to demand security from the buyer for the fulfillment of his/her obligations. However, the exercise of this right shall under no circumstances imply a waiver of MK PROJECTS BV' retention of title. If the buyer fails to provide the requested guarantees, MK PROJECTS BV shall be entitled to suspend its prestations or unilaterally terminate the contract partly or entirely at the buyer's expense and to recover the goods.

Article 6: Force majeure or coincidence

In the event of force majeure or coincidence, MK PROJECTS BV shall automatically release itself from any obligation, without the buyer being entitled to claim any compensation. Force majeure shall include all circumstances which are not due to MK PROJECTS BV' fault and which makes the performance of the agreement impossible, more complicate or delays it. Force majeure shall be understood to mean any strange cause, as well as any circumstance which should not reasonably be at MK PROJECTS BV' risk. Delays or failure to perform due to internet malfunctions, electricity / e-mail traffic disruptions and failures or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of MK PROJECTS BV as well as auxiliary persons, sickness of personnel, defects in auxiliary or transport equipment are expressly considered as force majeure. This is an exemplary list and is not indicative. In the event of force majeure MK PROJECTS BV reserves itself the right to suspend its obligations and is also entitled to dissolve the contract in whole or in part, or to demand that the contents of the contract be changed in such a way that performance remains possible. Under no circumstances shall MK PROJECTS BV be obliged to pay any fine or compensation. MK PROJECTS BV shall inform the consumer of this within 30 days. If MK PROJECTS BV has already fulfilled part of its obligations when force majeure occurs, or is only able to fulfill part of its obligations, it shall be entitled to invoice the part already delivered or the part which can be delivered separately and the customer shall be obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered or deliverable has no independent value.

Article 7: Delivery & Shipment

The delivery will be carried out after acceptance of the order and without additional compensation.
Transport costs as agreed. By placing an order you indicate that you agree with the delivery and payment conditions. MK PROJECTS BV reserves the right to change its delivery and payment terms and conditions after expiry of the term. Deliveries are made at the buyer's risk and delivery by MK PROJECTS BV does not relieve the buyer of these risks. Deliveries shall take place as long as stocks last. MK PROJECTS BV' obligation to deliver shall be fulfilled, subject to proof of the contrary, as soon as the goods delivered by MK PROJECTS BV have been offered to the buyer once. In the case of home delivery, the carrier's report, including the refusal of acceptance, will serve as full proof of the offer to deliver. All terms stated on the internet site are indicative.  Therefore no rights can be derived to the periods mentioned. The delivery periods stated are indicative and do not bind MK PROJECTS BV, unless otherwise stipulated in writing. In the event of a delay, the stated delivery periods shall not constitute grounds for any claim or compensation.

Article 8: Images and specifications

All illustrations; drawings, etc.; including information concerning weights, dimensions, colours, images of labels, etc. on the MK PROJECTS BV internet site are approximate only, are indicative and cannot give a reason for compensation or dissolution of the contract.

Article 9: Cancellation

In the event that the buyer refuses or cancels an order, MK PROJECTS BV reserves the right to dissolve the contract unilaterally and immediately at the buyer's charge, without judicial authorisation and without prior notice of default being required. In such a case, the buyer shall be due a lump-sum compensation of 30% of the total purchase price, subject to MK PROJECTS BV' right to claim higher compensation, taking into account the damage actually suffered.

Article 10: Payment

Unless otherwise agreed in writing, all invoices are payable in cash upon delivery. The place of payment is at the registered office of MK PROJECTS BV. Any invoice that remains unpaid on its due date, shall legally and without prior notice of default, give rise to default interest at the rate of 1% per month, counting from the due date of the invoice to the date of full payment, as well as fixed compensation of 10% with a minimum of 125 €, subject, however, to MK PROJECTS BV' right to claim higher compensation, taking into account the damage actually suffered.
Leave all or a part of an invoice unpaid on its due date shall result in all other sums and invoices not due becoming immediately due and payable.
To the extent that the buyer fails to comply with the payment terms or other obligations MK PROJECTS BV shall be entitled to suspend or postpone its obligations with regard to the current contract as well as all other current contracts between the parties. MK PROJECTS BV also reserves the right to unilaterally dissolve the contract without judicial authorisation and without prior notice of default.

Article 11: Complaints & Disputes

Complaints regarding the delivered goods, as well as regarding the invoices, must, in order to be valid, be clearly and unequivocally formulated and sent by registered letter within eight days to MK PROJECTS BV, 8630 Veurne, Vaartstraat 48.
In the event of a dispute between the parties, both parties agree to cooperate in resolving it quickly. In any event, complaints can never give rise to a suspension of the buyer's payment obligation, not even if these complaints were formulated in good time.

Article 12: Applicable law and jurisdiction

Belgian law shall apply to any dispute arising from this agreement. The courts of the district of the registered office of MK PROJECTS BV shall have jurisdiction, without prejudice to the right of MK PROJECTS BV to designate another competent court.
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