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Welcome to our website and mobile app dedicated to the SUB, available at be.the-sub.com, for consumers in Belgium and Luxembourg (“Website”). The Website is operated by Online Drinks B.V (references to 'our', 'we' or 'us' is to Online Drinks B.V). These terms and conditions as well as the terms and conditions dealing with specific matters in any policy or document to which a link access is provided herein (the “Terms”) will apply to your use of the Website and to any purchase by you of any of the products listed on the Website (“Products”). By using this Website, you confirm that you accept these Terms and agree to comply with them. If you do not agree to these Terms, you may not use the Website. Please note that before placing a purchase order on the Website you will be asked to agree to these Terms and to register. Please read them carefully before you submit your order. If you do not accept these Terms or agree to registration, you will not be able to order any Products from our Website.
2.1 LEGAL DRINKING AGE
2.1.1 Products containing alcohol can only be purchased by persons in Belgium and Luxembourg who are 18 years or older. The purchaser and recipient of Products ordered on the Website must be 18 years old or over.
2.1.2 We have a number of age verification and control checks throughout the purchase process to ensure we are meeting our legal requirements and we reserve the right to decline or cancel your order at any time if we have reason to believe you or the recipient of the Products do not satisfy the minimum legal age requirement.
2.2 OUR PRODUCTS
2.2.1 Our Products can only be ordered if you have registered your details with us and created an account. In accepting these Terms, you agree to provide us with truthful and accurate information about you.
2.2.2 We take reasonable care to ensure that all details, descriptions and prices quoted in respect of any Products on the Website are correct and accurate when the relevant information is entered into the system. While we work hard to keep the Website as up to date as possible, the information on the Website relating to the Products may not be correct at the moment you place your order. We will rectify any such errors as soon as possible from when we become aware of them.
2.2.3 All prices and charges on the Website are in EURO and are inclusive of VAT and include excise duties.
Delivery charges may be added to your order. The amount of delivery charges applicable to your order may vary depending on requested delivery method and order value. Such delivery charges will be clearly displayed in the order process prior to you finalising your order. Information on delivery charges is also available in the FAQ section of the Website. If you do not accept the 2 delivery charges you can end the order process before completing your order. A maximum value of an order may be applicable.
2.2.5 All Products shown on our Website are subject to availability and delivery times are estimates only.
2.2.6 Please note our Website is solely for the promotion of our products in Belgium and Luxembourg.
2.3 PLACING AN ORDER AND ACCEPTANCE
2.3.1 After registering as a user or logging in as a registered user on the Website, you can create an order by following the onscreen prompts after clicking on the Products you wish to purchase. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.3.2 Before placing an order you will be asked to confirm you have read and accept these Terms. If you have any questions regarding these Terms, please Contact Us before placing an order.
2.3.3 Once you are ready to place your order, you can follow the ordering process and submit your order by clicking on ‘Buy’ button on the ‘Order’ page. After you have clicked on ‘Buy’ you are unable to amend your order from this point and will be re-directed to the payment page to process your payment.
2.3.4 After completing the payment process on the payment page, you will receive an e-mail from us acknowledging that we have received your placed order (“Confirmation Message”). The Confirmation Message will include details about your order, including the Products and prices (including delivery charges and taxes), as well as key terms of your order. You should store and/or print this e-mail for your records. If you do not receive a Confirmation Message within one working day of placing your order please Contact Us.
2.3.5 Please note that placement of an order by you on the Website is an offer to buy the relevant Products from us, and is subject to our acceptance. Acceptance of your order, and formation of a contract between you and us, will only take place when you have received a notification that your items have been dispatched. You will own a Product when we have received payment from you in full.
2.3.6 We reserve the right to cancel your order if the Products are unavailable, payment has not been duly received or we have reason to believe you do not meet the minimum legal age requirement for placing or receiving an order.
2.3.7 If your order is cancelled we will notify you as soon as reasonably possible and will refund any amount paid by you for such Products as soon as possible, but ultimately within 30 days of cancellation.
2.3.8 If we are unable to fulfil your order because the Products are unavailable, we will contact you via e- mail or phone to offer a reasonable substitute, or to notify you when we expect such Products to be back in stock. Acceptance of any alternative suggestion is entirely at your discretion and does not affect your right of cancellation.
2.4 PRICE AND PAYMENT
2.4.1 The prices for the Products will be the price indicated on the Website order page when you placed your order. The prices listed may change from time to time without notice to you. However, such 3 changes will not apply where we have accepted your order, subject to any inadvertent technical error for which we will not be liable. If we accept and process your order where a pricing error has occurred which is obvious and unmistakeable, we may cancel your order, refund any sums you have paid, and require return of any Products provided to you.
2.4.2 You can only pay for Products using the payment options as indicated on the Website. We do not accept any other method of payment.
2.4.3 All payment orders are processed via a payment service provider. The general conditions of the payment service provider are applicable to any such payment orders.
2.4.4 By using a credit/debit card to pay for your order, you confirm that the card being used is yours.
2.4.5 All cardholders are subject to validation checks and authorisation by the card issuer. If your card issuer refuses to authorise payment to us, we cannot accept your order and will not be liable for any consequent delay or non-delivery.
2.5 DELIVERY INFORMATION
2.5.1 Delivery of the Products will only take place within Belgium and Luxembourg.
2.5.2 You may place an order from outside Belgium or Luxembourg, however Products must be paid for by a credit or debit card that is registered to a Belgium or Luxembourg billing address, and must be delivered to the delivery locations specified above.
2.5.3 If you place an order before 16.00 CET it will be delivered within 1-2 working days with standard delivery. The estimated delivery date will be shown in the order process and will be confirmed in the dispatch message that also contains or has a link to a Track & Trace code.
2.5.4 Delivery will be via our third party delivery provider. We are not liable for delayed or incorrect deliveries if caused by circumstances that are outside of our control. If we are unable to meet the estimated delivery date, we will notify you as soon as possible and notify you of a revised delivery time.
2.5.5 Delivery charges may vary depending on promotions or special offers which we may run from time to time. Delivery charges will be in accordance with the terms and conditions of that promotion or offer. Any delivery charges will be clearly displayed to you in the order process prior to you finalising your order, as stated in section 2.2.4.
2.5.6 Orders will be delivered to the address that you specify when placing an order. You may also specify a different recipient for delivery of your order. You acknowledge that any acceptance by you, a nominated recipient, or by anyone else who accepts delivery on your behalf, is evidence of successful delivery having been made, at which point the Products become your responsibility.
2.5.7 The person that accepts the delivery of purchased Products that contains alcohol has to be above legal drinking age. The deliverer can ask for a proof of identity and age and can refuse delivery if no sufficient proof can be provided.
2.5.8 If no one is available to take delivery, our third party delivery provider will leave a note stating that delivery was attempted and will indicate at which location the Products will be stored and can be collected by you. You can also request a second delivery attempt by following the instructions on the note. If you wish to pursue this option, note that it is your responsibility to contact our third party delivery provider to arrange a second delivery of the Products. If the Products cannot be delivered after a second attempt (if such was agreed) or have been picked up within 10 working days after failure of the first attempt delivery, your Products will be returned to us and we will cancel your order.
2.6 THE SUB DISCOUNT CODES
These terms conditions apply to all promotions with The SUB discount codes in Belgium and Luxembourg, which are organised by Online Drinks B.V., hereinafter referred to as: “Online Drinks”.
2.6.1 Anyone who is 18 or older, resides in Belgium or Luxembourg and has received The SUB discount code via a voucher, email or another online or offline channel (the “Discount promotion”) may participate.
2.6.2 Online Drinks organises various promotions at various times. The information about your Discount Promotion states the value of your discount code and the applicable promotion period.
2.6.3 With the discount code you can receive the amount mentioned in your Discount Promotion as discount on your order via the website be.the-sub.com (the “Website”).
2.6.4 You can use the discount code for one order on the Website, unless specifically mentioned in the text of the Discount Promotion. The discount code cannot be used in combination with other promotions and does not apply for the product range of Bundles on the Website.
2.6.5 Participants who misuse this promotion may be excluded by Online Drinks, and Online Drinks may also decide to eliminate the discount in whole or in part.
2.6.6 Online Drinks reserves the right to stop the Discount Promotion or to amend these Promotional Terms and Conditions. Any amendment of the Promotional Terms and Conditions will be announced at https://be.the-sub.com/en/service/general-terms-conditions/.
2.6.8 This promotion is subject to the Belgian law or the law of Luxembourg. The invalidity of a provision of these Promotional Terms and Conditions shall not affect the remaining provisions and Online Drinks will prepare a new provision whereby the original intent will be taken into account as much as possible.
2.6.9 If you have any questions about this promotion, please contact Online Drinks, on the toll free numbers 080038715 (Belgium) or 80028034 (Luxembourg) on Monday through Friday from 9:00 am to 5:00 pm or send an email to email@example.com.
2.7 TERMS AND CONDITIONS OF THE SUB REFERRAL PROGRAM
2.7.2 The Program is provided by our company Online Drinks B.V., having its registered office at Tweede Weteringplantsoen 21 H, 1017 ZD, Amsterdam, the Netherlands (the “Company”). The software tool used for creating the Program is provided by Mention Me, having its registered office at 20-22 Wenlock Road, London, N1 7GU (“Mention Me”). The terms of Mention Me are set out below.
2.7.3 With the Program, we would like to facilitate our existing customers to introduce products offered on the Website to a friend. How does it work? In the order process, our customer can inform a friend of a discount on the Website either by sharing a link via email or private message from social media (whatsapp, Facebook, etc), or by informing the friend to fill in the full name of the referrer in the checkout process. If the customer shares the offer via email or private message from social media with a friend, the customer can first review the content of the proposed e-mail or message and can send it at its sole discretion. The customer can share the link with multiple friends. Each friend can only use this link once.
2.7.4 The Program’s offer to the referred user is: 15% discount off THE SUB appliance in their first order. The code does not entitle the referee to 15% off TORPS or accessories. The code can only be used once and by the referee only.
2.7.5 When the referred user orders a product on the Website using the discount code, the Company will reward the referring customer with a separate discount code that will be sent via e-mail. The Program’s offer to existing customers is: 15% discount off an order. The code can only be used once and only by the customer.
2.7.6 To use the offer, the discount code should be entered in the ‘DISCOUNT CODE’ field at checkout.
2.7.7 The Company offers the Program only to customers and referred users that are above legal drinking age and are residents in United Kingdom mainland (including Northern Ireland). Unfortunately the Company is unable to deliver to the Channel Islands, Kirkwall, Outer Hebrides, Isle of Man and Shetland and therefore unable to deliver to the following postcodes GY, KW, HS, IM and ZE.
2.7.8 Discount codes cannot be accumulated or used in conjunction with another offer. The code cannot be transferred, exchanged for cash or sold. The Program only applies to orders on the Website. The Program shall start as per 01/11/2017, and the Company may discontinue the Program at any time subject to fulfilment of completed purchases. The code will expire in any event after 6 months.
2.7.9 The company reserves the right to cancel or amend this offer at any time.
2.8 RETURNS AND CANCELLATIONS
2.8.1 If you change your mind about the Products, prior to delivery, you can do this by contacting Customer Services at Contact Us, otherwise you can cancel your contract with us by following the process below.
2.8.2Your right of cancellation starts from the date that we send you the Confirmation Message and expires 30 calendar days from the day on which you are in physical receipt of the ordered Products, or where your order is delivered in multiple packages or in multiple lots, the day on which you receive the last of the packages or last lot (”Cancellation Period”).
2.8.3 To cancel a contract, you just need to let us know that you have decided to cancel. You can do this by (i) contacting us per phone or e-mail via Contact Us or (ii) to fill out the Cancellation Form and send it to our Customer Services team per e-mail. If you use one of these methods, we will send you an e-mail to confirm we have received your cancellation as soon as possible.
2.8.4 When cancelling, please ensure you always include details of your order to help us identify it, as well as listing the Products you wish to return. Products can be returned by contacting our third party delivery provider to agree on a date when such provider will collect the Products you wish to return. Costs of such return will be paid for by us.
2.8.5 Your cancellation will be effective from the date on which you have sent communication to us informing us that you wish to cancel. Please make sure you have provided such communication before the Cancellation Period expires.
2.8.6 If you cancel your contract within the Cancellation Period, we will refund you the price you paid for the Products and any applicable delivery charges paid by you to receive your order.
2.8.7 If any of the Products you have bought are faulty or mis-described you may have a legal right to end the contract (or to get the Products repaired or replaced or to get some or all of your money back). Please Contact Us to find out how to return your Product. If the Products are faulty or mis- described and you wish to return these, we will refund the delivery charges and any applicable costs incurred by you in returning the Products to us.
2.8.8 We will endeavour to make any refunds due to you as soon as possible, but in any event we will make them within 30 days from the day on which we receive the Products back (or if earlier, the day on which you provide evidence that you have sent the Products back to us). We will make any reimbursement using the same means of payment as you used for the initial transaction. You will not incur any fees as a result of such reimbursement.
2.8.9 Any returned Products should be in a fully re-saleable condition, with exception of Products which are faulty. Care should be taken not to damage or mark the Products or packaging, and returned Products should be complete with all accessories and/or parts. For hygiene reasons, we are unable to accept the return of TORPS, other packaging of beer or other foodstuffs with seals (such as caps or tabs) that have been broken or opened after delivery. We may make a deduction from the reimbursement for any loss in value of any Products supplied to you, if the loss is the result of unnecessary handling or damage by you.
2.8.10 Please note that items purchased on promotion or special offer will be subject to the terms and conditions of that offer and refunded at the offer price, taking into account any discounts applied.
2.8.11 You can also find information of how to cancel and an explanation of how to exercise such rights in the Confirmation Message and on our Contact Us page on the Website.
2.9.1 For general enquiries, if you are having problems with your Product, or you think there may be a fault, please Contact Us to find out how to return your Product.
2.10 PRODUCT WARRANTY
2.10.1 Any beer dispensing appliances we sell to you come with a guarantee from its manufacturer Groupe SEB Moulinex S.A. (or one of its affiliated companies). For details of the applicable terms and conditions, please refer to the guarantee provided by such manufacturer in respect of the relevant appliance. If any beer dispensing appliance sold to you develops a defect while under guarantee, or you have any other issue with the Product, you should Contact Us in the first instance.
2.10.2 For other Products, we warrant that they comply with the specifications mentioned with respect to such Products on the Website, are of satisfactory quality and comply with all applicable laws.
2.10.3 We disclaim any and all other warranties, whether express or implied in relation to the Products, to the fullest extent permitted by law. Any warranty or guarantee given under these Terms does not affect your legal rights for faulty or mis-described goods.
2.10.4 Any guarantee or warranty given under this section does not apply to defects in Products which have arisen as a result of fair wear and tear, wilful damage, accident or negligence by you, or any third party, failure to use the Product in accordance with our instructions, or alternation or repair carried out on the Product by you without our prior approval.
2.10.5 It is your responsibility to ensure Products are stored in a safe and appropriate manner. TORPS must be stored in a dry place and must not be exposed to direct sunlight or rain, or stored at temperatures below freezing, or outside or in an open environment.
2.10.6 We only supply the Products for domestic and private use. You agree not to use the Products for any commercial purposes.
3.2 INTELLECTUAL PROPERTY RIGHTS
3.2.1 The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the HEINEKEN Company (Heineken N.V. and its affiliates and subsidiaries), its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You shall not, and shall not attempt to, obtain any title to any intellectual property rights. All rights are reserved.
3.2.2 We have a license for use of the visuals on the brand pages for Tiger®, Affligem®, Sol®, Birra Moretti® and Desperados®, the banner and visual in the middle on the homepage Offset by Shutterstock, Copyright of Cavan Images / Offset.com, Getty Images.
3.2.3 You can use the Website only for purposes in line with these Terms and none of the material listed in clause 3.2.1 above may be reproduced, copied, redistributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission.
3.2.4 You must not use any part of the content on our Website for other purposes without obtaining a license from us or from the other rights holders.
3.3.1 In spite of the continuous care and attention to the content of the Website, we cannot guarantee the completeness and correctness of our Website. We shall not be liable for any damages resulting from the use (or inability to make use) of this Website, including any incorrectness or incompleteness of information placed on the Website. We will only be responsible for any losses that you suffer as a result of our breach and to the extent that they are a foreseeable consequence to both of us at the time you placed the relevant order. Nothing in these Terms shall exclude or limit our liability for death or personal injury resulting from our breach of contract, tort, fraud or negligence, or for any loss which cannot be excluded or limited by applicable law.
3.3.2 We cannot guarantee that the Website will function faultless and without any interruptions. We shall not be liable for damages that may result from the use of electronic means of communication, including, but not limited to, damages resulting from the failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
3.3.3 The images of the Products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
3.3.4 Other than as set out elsewhere in these Terms, our maximum liability arising out of any order for the supply of Products to you shall be limited to an amount equal to the price paid for the Products in respect of the relevant order.
4.1 CONTACT INFORMATION
4.1.1 We are Online Drinks B.V., a company registered in the Netherlands under company number 66502063 and with our registered office at Tweede Weteringplantsoen 21 H, 1017 ZD Amsterdam, the Netherlands. VAT number BE0665766329. To contact us, please see our Contact Us page.
4.1.2 You may not transfer any of your rights under these Terms. We may transfer any of our rights or obligations under the Terms or a contract with you to any one of our group companies from time to time.
4.1.3 We are under a legal duty to supply the Products to you in accordance with the contract formed by our acceptance of your order pursuant to these Terms
4.1.4 If you have a problem with a product or service you bought online on be.the-sub.com, you can submit your complaint via the Online Dispute Resolution Platform of the European Commission via the following address http://ec.europa.eu/odr which may allow out-of- court dispute settlement.
4.2 CHANGES TO THESE TERMS AND CONDITIONS
4.2.1 We advise you to print a copy of these Terms or to save them on your computer for future reference. Please note that we may amend these Terms from time to time. Therefore, every time you use the Website or wish to order any Products, please read and check these Terms before accepting to ensure you are aware of the conditions that apply at that time. We will try and give you reasonable notice of any major changes.
4.2.2 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
4.3 GOVERNING LAW AND JURISDICTION
4.3.1 These Terms and any contract entered into shall be governed and construed in accordance with Dutch law and you can bring legal proceedings in respect of the Products or the Contract in the courts whose jurisdiction is determined according to the national and European applicable law, among others EU Regulation CE n° 1215/2012.