Terms & conditions
GENERAL TERMS AND CONDITIONS OF SALE – MUM BEER
1. DEFINITIONS USED IN THESE GENERAL TERMS AND CONDITIONS OF SALE
General Conditions: the General Terms and Conditions of Sale relating to Mum Beer
Consumer: an individual person acting for purposes which are outside his/her trade, business, craft
or professional activity.
Final Address: the place of delivery specified by the Buyer as defined hereafter, during the ordering
procedure, which (i) does not coincide with the registered office of the Seller as specified
below and (ii) is obligatorily located within the European Union.
Goods: Mum Beer chrysanthemum beer and/or products related to it, such as beer glasses, gift
box (incl. beer glass and chrysanthemum beer), etc.
Buyer: the Consumer who visits the Website as defined hereinafter.
Seller: MUMS bvba, with registered office at Schierveldestraat 14, 8840 Staden - Belgium
KBO/VAT-number 0642.965.389 , RPR Gent, department Ypres.
2. SCOPE OF APPLICATION
2.1. The General Conditions are concluded between the Seller and the Buyer.
2.2. The General Conditions apply to all special offers, quotations, sales, deliveries and services relating to the
Goods, unless otherwise stated in special conditions issued by the Seller or in a special agreement concluded
between the Seller and Buyer.
2.3. The Buyer explicitly declares that he/she is a Consumer.
The Buyer also explicitly declares that he/she is competent to act legally. He/she must be at least 18 years of
3. ORDERING PROCEDURE
The Buyer must order the Goods via the Website.
To be able to order Products on the Website, the Buyer must select and click on "order online" on the Website
(go to https://www.mumbeer.be/nl/where-to-buy and select the category "Our products"). The Buyer will then
be directed to the order pages. Before being able to place an order, the Buyer must create a user account and fill
in all the boxes marked with an asterisk (including name, e-mail address, delivery address, etc.). After having
created a user account, the Buyer can then proceed with the ordering process and view the contents of the
shopping basket as well as a summary of the order and the delivery details. At any time during the ordering
process prior to payment, the Buyer can go back to the shopping basket and make adjustments to the order. To
complete the order process, the Buyer must confirm the delivery information and delivery costs, verify his order
and choose the payment method. The order will be finalized when the Buyer clicks on the "complete order"
button and pays for the order using the chosen payment method.
4. ADVERTISING MATERIALS - CONCLUSION OF SALES AGREEMENT
4.1. All quotations, special offers, catalogues, brochures, advertisements, information and technical literature
of any nature (including, but not exclusively, on the Website) are given as information only and they are exempt
from any legally binding commitment by the Seller.
4.2. Also images on the Website of the Goods are for illustration purposes only, which means that differences
may occur in reality (for example, but not limited to, their colour).
4.3. A sales agreement between the Seller and the Buyer is only concluded after acceptance by the Seller of
the Buyer's order of the Goods.
The Buyer is solely responsible for any possible errors that may have been committed when placing an order.
The acceptance by the Seller of an order placed by the Buyer shall be communicated by e-mail to the Buyer
(hereinafter referred to as: the Confirmation) at the e-mail address provided by the Buyer on the Website.
The Confirmation contains the summary of the accepted order together with the invoice.
4.4. The Seller retains the right to refuse any order without specifying any reasons. The Seller's refusal of an
order for any reason whatsoever can never give rise to any liability on the Seller's side.
4.5. The Seller keeps a record of the sales agreement which has been concluded. The Buyer receives, in
accordance with Article 4.3, last paragraph, a confirmation of the sales agreement by e-mail, which includes a
summary of his/her order together with the invoice.
5. AVAILABILTIY OF GOODS
5.1. The Seller shall use all reasonable means to accurately display the availability of the Goods on the Website,
but shall however, not be held liable if the Goods are temporarily no longer available.
5.2. If, despite a Confirmation having been given to the Buyer, all or part of the Goods are still unavailable as
a result of which the Seller is unable to supply such Goods within the time limit as specified in Article 6.1, the
Seller shall notify the Buyer by e-mail (to the e-mail address provided in the on-line ordering procedure) and in
such case the Buyer shall be entitled, at no additional cost, to amend his/her order (to the available amount or
the available quantities) or cancel it. If payments have already been made by the Buyer, the Seller shall, after
cancellation or modification, refund those amounts that are due to the Buyer as soon as possible.
At the time that such Goods become available again, the Buyer will be informed by e-mail (to the e-mail address
provided in the on-line ordering procedure). From that moment on, no further modification or cancellation shall
6. DELIVERY – RISK OF TRANSFER
6.1. The Seller shall endeavour to deliver the Goods within two weeks after the order has been placed by the
Buyer if the Goods are in stock. If the Goods are out of stock at the time of placing the order and the Buyer has
not opted for modification or cancellation of the order in accordance with Clause 5.2, the Goods shall be
delivered within two weeks of being back in stock. The Buyer will be notified by e-mail.
6.2. For the delivery of the Goods, the Seller uses a courier service (e.g. bpost, DHL, UPS, etc.). The time of
delivery is the time when the Goods are delivered by the courier service to the Final Address. If the Buyer is not
present at the Final Address to take delivery of the Goods, the time of delivery is the time when the Buyer takes
delivery of the Goods in the event of a second delivery offered by the courier service (certain courier services
may propose a second delivery offer to the Buyer) or the time when the Buyer collects the Goods in accordance
with the instructions of the courier service and at the place designated by the courier service (e.g. at a Postal
Point or similar pick-up point which is close to the Final Address). If the Buyer does not pick up the order within
the time limit indicated by the courier service, the order will automatically be returned to the Seller. The Seller
will then contact the Buyer in order to further arrange the delivery of the Order. In this case, additional delivery
costs may be imposed on the Buyer.
6.3. The risk shall pass at the time of receipt referred to in Article 6.2. The courier service control system shall
be used to provide proof of delivery.
7.1. The prices for the Goods are published on the Website. Unless otherwise stated, the prices are always
inclusive of VAT, but exclusive of shipping costs (such as - if applicable - the cost of the courier service which
transports the Goods to the Final Address). Where applicable, the prices indicated are also exclusive of packaging
costs, import duties, customs duties, etc. The Buyer declares that he/she is aware that the transport of the
Goods to other countries may be subject to import duties, customs duties and the like.
7.2. The Seller reserves the right to modify the prices at all times, taking into account, but not limited to, the
costs of transport, higher distribution costs, higher government taxes, etc. The prices stated at the moment that
the order has been completed by the Buyer and which are also indicated in the order summary as stipulated in
article 3 are applied.
7.3. The Buyer accepts that all shipping costs are at his/her expense. For example, if the Buyer chooses a place
of delivery other than the registered office of the Seller, the Seller will transport the Goods or have them
transported to the Final Address but the costs will be passed on in full to the Buyer. Unless otherwise stated,
the invoice the Buyer receives at the time of the Confirmation will already state these costs.
8.1. All invoices are to be settled on the due date stated on the invoice. Unless otherwise agreed, they shall
be paid at the registered office of the Seller in cash or by payment to the account number stated on the invoice.
All payment costs are at the expense of the Buyer.
8.2. Unless otherwise explicitly agreed in writing, all invoices are to be settled in EURO, even if the prices are
also stated in another currency.
8.3. The amounts indicated on the invoices, and where applicable increased by the interest as stipulated in
article 8.4 hereinafter, must be settled in full before the Goods are delivered in accordance with article 6.2.
8.4. Any amount that remains unpaid on the due date shall automatically and without prior notification accrue
interest at the rate of 10% per annum.
8.5. In the event that the Buyer does not take receipt of the Goods made available, this shall not entitle the
Buyer to defer payment of any outstanding invoices.
8.6. All payments will always first settle the accrued interest, thereafter the compensation and recovery costs
and only thereafter the outstanding (balances of the) invoice(s), whereby the oldest outstanding amounts will
also be settled first and this, regardless of any remark(s) or statement(s) by the Buyer in respect of the said
9. RIGHT OF WITHDRAWAL
The regulations for on-line selling shall apply.
The Buyer has the right to withdraw from the sales agreement within a period of 14 days without stating any
The withdrawal period expires 14 days after the date on which the Buyer, or a third party indicated by the Buyer,
other than the carrier, takes physical possession of the Goods.
In order to be entitled to exercise the right of withdrawal, the Buyer must inform the Seller of his/her decision to
withdraw from the sales agreement by means of an unequivocal statement (e.g. in writing by post, by fax or by e-
mail). The Buyer may use the attached model withdrawal form for this purpose, but is not obliged to do so.
In order to comply with the withdrawal period, the Buyer need only send the notice of the execution of the right of
withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If the Buyer withdraws from the sales agreement, he/she shall immediately and in any event not later than 14 days
after the Seller has been informed of the Buyer's decision to withdraw from the sales agreement, be reimbursed by
the Seller for all payments made up to that time, including delivery costs (with the exception of any additional costs
as a result of his/her choice of a delivery method other than the cheapest standard delivery cost offered by the
Seller). The Seller will refund the Buyer with the same means of payment as the Buyer used in the original
transaction, unless the Buyer has explicitly agreed otherwise; in any event, no costs will be charged to the Buyer for
any such reimbursement.
The Seller may wait to make a reimbursement until he/she has recovered the Goods or the Buyer has proved that
he/she has returned the Goods, depending on whichever is the earlier date.
The Buyer shall return or hand over the Goods to the Seller immediately, but in any event not later than 14 days
after the date on which he/she has notified the Seller of his/her decision to withdraw from the sales agreement. The
Buyer has complied on time if he returns the Goods before the 14 day period has expired.
The direct costs of returning the Goods shall be for the account of the Buyer. The costs are estimated at a maximum
of approximately 40 EUR.
The Buyer shall only be held liable for any diminished value of the Goods resulting from the use of the Goods which
goes beyond what is necessary to maintain the nature, characteristics and functioning of the Goods.
10. TRANSFER OF OWNERSHIP
Ownership of the Goods shall only pass to the Buyer upon delivery as stipulated in Article 6.2.
11. UNILATERAL TERMINATION ON THE GROUNDS OF BREACH OF SALES AGREEMENT
11.1. The Parties have the right, without prior legal intervention, to arbitrarily terminate the sales agreement
to the detriment of the defaulting party in the event of a serious breach of the sales agreement and in the event
that the defaulting party, despite a written notice of default whereby a period of fifteen (15) calendar days is
observed, remains in default with the (timely and proper) fulfilment of one or more obligations arising from the
agreement. A sufficiently serious breach of the sales agreement which leads to extrajudicial termination shall
under all circumstances be deemed to include, but not limited to, the failure to pay an (one) invoice issued by
the Seller on the due date.
11.2. The aforementioned right to extrajudicial termination by the Seller also exists if only part of the entire
invoice has been paid by the Buyer or if the impossibility of delivery due to the Buyer's fault as stipulated in
article 6.4 relates to only a part of the order. In that case, the termination shall be only partial and shall only
apply to that part of the Goods which corresponds to the unpaid amounts or Goods not accepted.
11.3. In the case of extrajudicial termination as stipulated in Articles 11.1 and 11.2, the party that terminates,
shall also be entitled to compensation amounting to 10% of the price of the Goods to which the termination
12. COMPLAINTS - LIABILITY OF THE SELLER - EXEMPTION
12.1. The Buyer is obliged to submit the Goods to a careful and thorough inspection at the time of receipt of
the Goods as referred to in Article 6.2. Visible defects or a lack of conformity (other than the quantities referred
to in Article 9.1) must be reported upon receipt by the Buyer at the registered office of the Seller, in the event
that the Buyer has chosen the registered office of the Seller as the place of delivery, as referred to in Article 6.2.
In the event that the place of delivery of the Goods has been determined in accordance with option ii referred
to in Article 6.2 (in other words, delivery at the Final Address), a discrepancy must be recorded on the delivery
note of the courier service or in any case within 72 hours of delivery to that Final Address. No further complaints
shall be accepted thereafter for visible defects or non-conformity. Moreover, complaints will only be taken into
consideration if they are reported in an accurate manner by fax, e-mail or registered letter as stipulated in Article
12.2. The legal guarantee of conformity of the Goods applies (article 1649 quater of the Civil Code):
- Given the nature of the Goods and in particular the limited shelf life of the Goods, the guarantee does not
apply if the defect has arisen as a result of or because of use beyond the expiry date stated on the Goods.
- The Goods must in any case be stored in a correct manner, in particular upright. The guarantee does not
apply if the defect has arisen as a result of or from incorrect storage.
- The Buyer must notify the Seller in writing of the lack of conformity within two months from the date on
which the Buyer has discovered the lack of conformity. In the absence of such notification of the defect to
the Seller within two months of its discovery, the Buyer loses his/her right to pursue a claim for lack of
conformity against the Seller.
12.3. The Seller only enters into a 'best effort' commitment for all stages of access to the Website, from the
Order to the delivery or to subsequent services. The Seller shall not be held liable for any inconveniences or
damage that are inherent in the use of the Internet, including a service interruption, external intrusion or the
presence of computer viruses, or any other fact that may be considered as force majeure.
12.4. Unless a mandatory statutory regulation stipulates otherwise, the Seller's liability shall in all cases be
limited to a sum not exceeding the total amount of the invoice for the Goods delivered.
12.5. Unless a mandatory statutory regulation stipulates otherwise, the Seller shall never be held liable for
indirect damage (such as, but not limited to, damage to other goods belonging to the Buyer, loss of time, moral
damage to the Buyer) and the Seller shall not be held liable if the Goods have in the meantime been re-sold.
13. FORCE MAJEUR (OR EXTERNAL CAUSE)
13.1. In the General Conditions, force majeure (or external cause) is considered to be any circumstance which
is beyond the Seller's control and as a result of which the normal completion of the sales agreement is no longer
possible or can no longer in any reasonable sense be demanded of the Seller.
13.2. Force majeure on the side of the Seller shall include, but is not limited to: natural disasters (such as floods,
storms, snow), social unrest (such as strikes or lock-outs), fire, crimes (such as theft and terrorism), seizure,
embargo, riots, lack of means of transport, general shortage of raw materials or goods, restrictions in energy
consumption, this applies both when the force majeure occurs on the side of the Seller's as well as at the Seller's
13.3. The Seller is committed to inform the Buyer as soon as possible in the event of a force majeure by fax,
registered letter or e-mail. While a force majeure persists, the Seller shall under all circumstances be entitled to
refrain from delivery of the Goods affected by a force majeure without being held liable for any compensation
to the Buyer.
13.4. Given the nature of the Goods, it may occur that, due to force majeure, insufficient quantities of the
Goods are available to allow the Seller to fulfil at any given time all orders already accepted from all customers.
The Seller shall then make every effort to distribute the Goods, that are in stock, correctly between the different
customers. This distribution, which the Seller shall carry out to the best of its ability, shall not be subject to any
recourse against the Seller.
13.5. If a force majeure is such that the implementation of all or part of a Buyer's accepted order is permanently
impossible (which is to be understood to mean for a minimum of one calendar month), the Seller has the right
to terminate free of charge the sales agreement with the Buyer for that part which is no longer possible to fulfil
(the amounts that have already been paid and that apply to the part that can no longer be delivered), will be
refunded to the Buyer as soon as possible and this without the Seller being held liable to pay any compensation
to the Buyer.
In the event of a force majeure on the side of the Seller which continues for at least one calendar month, the
Buyer shall also be entitled to terminate the sales agreement, either in full or, if part of the accepted order has
already been executed, for that part which has not yet been executed. The amounts that have already been paid
by the Buyer, which are equivalent to the part that will no longer be carried out, will be refunded by the Seller
as soon as possible, without however, the Seller being held liable for any additional compensation payable to
14. INTELLECTUAL PROPERTY RIGHTS
14.1. The Buyer is committed to respecting the intellectual property rights (including trademark rights) of the
Seller under all circumstances.
14.2. All components of the Website, the supporting technology (including the Software) and the "look & feel"
are protected by intellectual property rights (including copyright, trademark, patent and database rights). These
are and shall remain the exclusive property of the Seller.
15. PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF PERSONAL DATA
15.1. In the context of the contractual relationship with the Buyer, the Seller will process the personal data of
16. CONTACT WITH THE SELLER
In the event of any complaints or questions regarding the operation of the Website, the Order, the Confirmation
or the Goods, these shall be addressed to the Seller:
- by e-mail, to the e-mail address info [at] mumbeer.be, or
- by post to: MUMS bvba, Schierveldestraat 14, 8840 Staden - Belgium, or
- by telephone on 0032 51 26 88 88 or
- by fax to 0032 51 22 22 49.
17. CHANGES TO THE GENERAL CONDITIONS AND PROOF
17.1. The Seller reserves the right to unilaterally amend the General Conditions. The latest version will always
be published on the Website. The General Terms and Conditions of the Seller which apply, are those published
on the Website on the date on which the Buyer places an order.
17.2. Proof by the Seller of orders and confirmations may be provided by means of e-mail or electronic
records that are stored in the information systems of the Seller and those belonging to the companies which
the Seller employs for IT services.
18. APPLICABLE LAW, COMPETENT COURTS AND FINAL PROVISIONS
18.1. Belgian law, with the exception of the rules of Private International Law, applies to the sales agreement
referred to in the General Conditions. The Belgian court, and in particular the court of the district where the
Seller has its registered office, has exclusive jurisdiction over all disputes concerning the Goods, unless a
mandatory legal provision (Belgian law or European Regulation) provides otherwise. Unless a mandatory legal
provision prescribes otherwise, the Seller also always has the right to sue the Buyer before the courts competent
in accordance with article 624 of the Judicial Code.
18.2. Complaints can also be submitted to the Consumers' Ombudsman Service of the Federal Government
(www.consumentenombudsdienst.be) or can be settled with the assistance of an impartial online dispute
resolution body (also known as Online Dispute Resolution or ODR), as long as the terms and conditions for the
application are met. You can access the ODR platform via the following web page: http://ec.europa.eu/odr/
18.3. The non-validity or nullity of a provision or part of a provision of the General Conditions shall not affect
the validity of the remaining provisions or parts of provisions. This shall also apply if a provision is not in writing.
The provisions that are affected or invalid by nullity remain binding for the part thereof that is legally permitted.
18.4. The General Conditions are available in four languages: Dutch, French, English and German. The Buyer
must tick the preferred language during the ordering procedure. The General Terms and Conditions drawn up in
the selected language shall at all times prevail over all other translations of the General Terms and Conditions.
Appendix MODEL OF WITHDRAWAL FORM
Book VI of the Economic Law Code
(Please complete and return this form only if you wish to withdraw from the sales agreement)
To MUMS bvba, with registered office at Schhierveldestraat 14, in 8840 Staden - Belgium, KBO/BTW0642.965.389 .
I/We (*) hereby give notice (*) that I/we (*) withdraw from (*) our agreement concerning the sale of the following
goods/delivery and/or regarding the following service (*)
Ordered on (*)/Received on (*) ___/___/______ (dd/mm/yyyy)
Signature of the consumer(s) (only if a paper version of this form is submitted)
Date: ___/___/______ (dd/mm/yyyy)
(*) Delete where not applicable.