TITULUS – GENERAL CONDITIONS OF ONLINE SALE

ARTICLE 1 – YOUR SELLER

Your seller (hereinafter the “Titulus”) is the following:

TITULUS PICTUS S.A.

Chaussée de Wavre 167A, 1050 Ixelles

Company number : 0835.631.442

Telephone number: +32 (0)2 512 98 30

info@titulus.be

ARTICLE 2 – YOU ARE A CONSUMER OF AT LEAST 18 YEARS OLD

You are a consumer, a natural person who wishes to acquire or consume goods (in particular wine or other alcoholic beverages) for purposes that do not fall within the scope of a professional, commercial, industrial, craft or liberal activity.

In order to place an order, you must be at least 18 years old. If you are not 18 years of age, we ask that you consult your parent or guardian before placing an order.

ARTICLE 3 – SCOPE OF APPLICATION

The present general conditions of sale apply to any order of one or more products of the Seller that you – as a consumer – place remotely on the e-shop of the Seller’s website www.titulus.be (hereafter the “Website”).

By using the Website and/or placing an order on the e-shop, you accept these general terms and conditions of sale and all rights and obligations as mentioned on the Website. A copy of these terms and conditions will also be sent to you, upon confirmation of your order or at the latest upon delivery, in a format that you can save or print. A link is provided for this purpose in the confirmation emails.

Titulus reserves the right to adapt or modify the general conditions of sale at any time. It is thus asked to you to consult these general conditions at the time of each order that you will place on the Internet site in order to hold you informed of the last modifications. The general terms and conditions of sale in force are those on the Website at the date of the validation of your order.

ARTICLE 4 – COLLECTION OR DELIVERY

You have the choice between :

• the withdrawal of its order in the Titulus store located Chaussée de Wavre 167A, 1050 Ixelles; or
• the delivery at your residence, with our partner Bpost, or for the very important orders by our delivery team.

ARTICLE 5 – OFFER

Titulus implements all its efforts to ensure the availability of the whole products proposed on the e-shop of its Internet Site. The offers of products and prices appearing on the Website are valid as long as they are visible and available (= presence of the button “add to cart”) on the Website.

It is nevertheless specified that the simple fact of adding a product to the basket does not mean that the order has been validated. In other words, the product can become unavailable between the moment of the addition in the basket and the confirmation of the order by Titulus. In this case, you will be informed of this unavailability as soon as possible.

In order to allow you to evaluate correctly our offer, Titulus made the maximum to present the products proposed on its Internet Site in a complete, precise way and most faithful to reality (in particular at the level of the illustrations and descriptions). The products can obviously present slight differences with these illustrations and descriptions which are thus given as an indication and noncontractual. The evaluation of the quality of the wines remains subjective and can vary according to a large number of elements (region, soil, year, weather, harvest, vinification, etc.).

The prices of the products presented on the Website are indicated in Euros including all taxes (VAT). The prices do not include the contribution to the shipping costs, invoiced in supplement, and indicated before the final validation of the order. They are applicable at the time of the validation of your order and will not be increased, except modifications of prices consecutive to changes of VAT rates or excise duty.

ARTICLE 6 – ORDERING AND CONCLUSION OF THE SALES CONTRACT

Your order will be complete and the sales contract will be concluded as soon as we have confirmed your order by e-mail and as soon as we have received the approval of your transaction from your credit/debit card issuer. We are not responsible for delays in delivery and/or non-delivery of your order if such delays are due to the refusal of your payment by your card issuer. No order will be accepted or processed without a valid payment to the (registered) cardholder.

Titulus also reserves the possibility of not accepting/confirming the order in particular in the event of non-payment of a previous delivery, of litigation in progress concerning payments, of problems concerning the received order, of incomplete order, of foreseeable problems concerning the delivery of the product or of procedure engaged to recall one or more ordered products.

ARTICLE 7 – RIGHT OF WITHDRAWAL AND EXCEPTIONS

You have a period of 14 calendar days from the time of delivery, i.e. the moment the product is delivered to the address where you have chosen to be delivered, to withdraw from the contract and return the products without penalty and without giving any reason. The return costs remain at your charge.

To do this, you can either use the model withdrawal form available at the end of these terms and conditions (see appendix), or make another unambiguous statement setting out your decision to withdraw from the contract.

If you make use of your right of withdrawal, you must return the product(s) to us in their original packaging, in good condition, with all the accessories delivered and, as far as possible, in its original condition and packaging and with all the documentation (proof of purchase and order or delivery note).

Titulus will refund the full purchase price of your purchase using the same payment method you used for the original transaction as soon as Titulus recovers all the products that were the subject of the right of withdrawal.

During the withdrawal period, we advise you to handle the product and packaging with care, as you will be responsible for the depreciation of the products resulting from handling other than those necessary to determine whether or not you wish to keep these products.

This right of withdrawal does not apply to products :

• sealed products that you have already opened (such as already opened bottles of wine or alcohol); and/or
• deteriorating or expiring quickly (such as delicatessen products).

ARTICLE 8 – DELIVERY

The products are delivered to the delivery address that you have indicated during the ordering process. It is your responsibility to verify the accuracy of the information entered before the validation of the order (number, floor, name intercom, etc.). The delivery of the products is assured only in Belgium.

The delivery times are the times indicated by our partner Bpost, for Belgium 48h working days (excluding Saturday, Sunday and holidays), for other countries the duration may vary from 2 to 5 days.

The delivery times are given as an indication and Titulus is only held of an obligation of means (and not of result) compared to these times. The times indicated are in working days (excluding Saturday, Sunday and holidays) from the date of validation of the order by Titulus. An e-mail will be sent to you the morning of the delivery, to specify the hour of delivery in a time window of 3 hours. For example: “the delivery will be made between 2pm and 5pm”.

The delivery charges are based on the delivery method chosen and calculated on the totality of the order. They will be indicated to you at the end of your order before your final confirmation.

You (or the recipient of the order) agree to receive or make arrangements to receive the products at the address indicated on the order form. The carrier may ask you (or the recipient of the order) for identification. If you (or the recipient mentioned in the order) are unable to receive the order yourself, you (or the recipient of the order) will have to appoint a third party to represent you, with a power of attorney and a photocopy of your identity card.

At the time of receipt of the products, you (or the recipient of the order) check the conformity of the delivery in relation to the order, in particular by verifying if any products are missing or damaged. We advise you not to accept the delivery if the parcels have been opened and/or re-sealed.

In the event of a compliant delivery, you (or the recipient of the order) undertake to sign the delivery note or transport receipt presented by the carrier. By signing this delivery note or transport receipt, you (or the recipient of the order) acknowledge having received the correct number of packages shipped.

The transfer of risk takes place at the time of delivery. The ordered products remain in any case the property of Titulus as long as the order was not entirely paid.

ARTICLE 9 – WARRANTY

We guarantee that our products are in conformity with your order and meet the normal expectations that you may have, taking into account the product specifications. In this respect, you benefit from the legal warranty period of two years in case of non-conformity of the delivered product. In case of non-conformity, you are entitled to replacement or, if possible, repair of the product free of charge. Only if the repair or replacement is disproportionate or impossible, or cannot be carried out within a reasonable period of time, you have the right to demand a price reduction or a refund.

ARTICLE 10 – RETURN OF A CORKED BOTTLE OF WINE

Subject to the prior written agreement of Titulus, only the bottles of wine corked with a cork stopper and presenting a defect known as “of the taste of cork” could be exchanged with the condition that the defective bottles are restored with their content. In addition, the exchange must meet the following additional and cumulative conditions

• the bottle must still be almost full and cannot be emptied under any circumstances;
• the bottle must be manually recapped with the original cap; and
• the return must be made by the buyer (in store, via Bpost or by private transport).

In case of return accepted by Titulus, you will benefit from a voucher of a value identical to that of the returned bottle usable within 6 months as from its delivery.

ARTICLE 11 – FORCE MAJEURE

In case of force majeure, Titulus is no longer required to meet its obligations to you. In this case, we have the right to suspend our obligations for the duration of the force majeure, or to definitively cancel your order.

Force majeure is any circumstance beyond our control that makes it impossible for us to fulfil our obligations to you in whole or in part. These circumstances are, among others: strikes, lock-outs, labour disputes, fire, technical incidents, power failures, disturbances in the networks, (telecommunication) lines or communication systems used and/or the unavailability of our Website, the absence of delivery or late delivery by suppliers or other third parties and the lack of an authorization to be received via the authorities.

ARTICLE 12 – INTELLECTUAL PROPERTY

You expressly acknowledge that all intellectual property rights related to the information provided, communications or other statements concerning the products (including illustrations and descriptions) and/or the Website belong to Titulus, its subcontractors or other rights holders/third parties.

The names and logos mentioned on the Website are in any case names and trademarks protected by national and international laws. The user’s rights, the reproduction rights and the intellectual rights relating to the Website are the exclusive property of Titulus or a third party. They may not be reproduced or communicated to the public without the explicit, written and prior authorization of Titulus or the third party concerned.

You may not make use of and/or modify the intellectual property rights as described in this section, such as reproducing them without the express prior written permission (of Titulus, its contractors or other rights holders/third parties).

The product information may only be used for personal purposes. Any other use (reproduction, modification, translation, storage, processing, etc.) requires the prior written approval of Titulus.

ARTICLE 13 – RESPONSIBILITY

Titulus cannot be held responsible:

• of an interruption (even temporary), of the dysfunction or of a problem of access to the Website;
• other websites (in particular as regards their content, operation, use of your personal data, etc.) to which you could have access via hyperlinks present on the Website; and
• incorrect product information provided by the manufacturer/producer/vintner of the product concerned.

ARTICLE 14 – COMPLAINTS PROCEDURE

We obviously always hope that you are 100% satisfied. Should you nevertheless have any complaints, please do not hesitate to contact us. We will deal with your complaint as quickly as possible.

If you are not satisfied with the solution we propose, you can always contact the Consumer Mediation Service, which acts as a one-stop shop for disputes between consumers and companies (Consumer Mediation Service, North Gate II, Boulevard du Roi Albert II, 8 bte 1, 1000 Brussels, telephone: 02 702 52 20, e-mail: contact@mediationconsommateur.be). You can also go to the ODR (Online Dispute Resolution) platform to settle disputes between consumers and businesses, both national and cross-border, quickly and efficiently: http://ec.europa.eu/odr/.

ARTICLE 15 – PROCESSING OF PERSONAL DATA

Please consult our privacy policy.

ARTICLE 16 – APPLICABLE LAW AND JURISDICTION

Belgian law is exclusively applicable to all contracts with our customers, regardless of their place of residence. All the litigations which are in connection or resulting from the offers of Titulus are subjected to the exclusive competence of the Belgian courts and tribunals, and more particularly of Brussels.

Withdrawal form