Terms & Conditions

We are delighted to welcome you to this Family Spirits web site of Kissmydrinks.com (hereinafter referred to as the “Site”). www.kissmydrinks.com is a web site regarding a series of Belgian aperitifs, who are also for sale on this platform and this for shipment in the European Union, excluding some member states. 

May we ask you to take a moment to read these conditions carefully. These general terms and conditions apply to all services that are made available online, via any mobile device, by e-mail or by telephone. By going to our (mobile) website, viewing the pages and making use of them, you acknowledge and agree that you have read, understood and agreed to the following terms and conditions (including the privacy statement).

If you use certain additional services of this Site, we will inform you of the additional terms and conditions, which will also be in accordance with the Terms and Conditions.

Family Spirits may from time to time amend the terms and conditions by posting such change at the Site. Use after such change has been posted shall constitute acceptance of such changed terms.

The terms used in these General Terms and Conditions were defined, if necessary, in Article 16 of the General Terms and Conditions.

 

1. IDENTIFICATION

Family Spirits is the seller of the products shown on the site. Family Spirits is a limited company with registered office at 8870 Izegem, Lodewijk de Raetlaan 5/4 and operating office at 8870 Izegem, Lodewijk de Raetlaan 5/4, Belgium and registered in the RPR in Kortrijk under the number BE0651.676.187;

You can contact Family Spirits via:

– Tel: INT. +32 (0)498 28 77 65

– Email: customerservice@kissmydrinks.com

 

2. ACCURACY OF CONTENT

The information about products, pricing, and delivery dates, as well as the detailed shipping guidelines on the website are communicated to the customers for information purposes only and may be modified by Family Spirits without prior notice. Family Spirits aims to provide accurate product information and accurately reflect the colors of the products. However, weights, dimensions, and volumes of products remain approaches, and it is not guaranteed that each screen displays a color identical, or that the color may not differ when a product is received.

Family Spirits shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein.

 

3. PRICES

All prices are listed on the Site and include VAT for deliveries within the EU and exclude shipping costs. The currency is always clearly stated. If an error is found in the price of the products you have ordered or in the delivery charge, we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel before packing and shipping, we will refund or re-credit you for the sum that has been debited from your credit card for the products. 

 

4. ONLINE ORDERING

Ordering is allowed as from legal drinking age in the country of residence. The ordering process includes the following steps:

1.Choose your product and add it to the shopping cart;

2. Choose a delivery method;

3. Enter the shipping address;

4. Enter the billing address together with the payment information;

5. You will be asked to accept the General Terms and Conditions;

6. You will have the opportunity to view a summary of your order.

After placing an order, you will receive an email from Family Spirits confirming receipt of the order. If you pay with a credit card, you will also receive an email with the status of your payment. As soon as the goods are shipped (the “Shipping Notification Email”) you will also receive a notification. All orders are subject to any stock fluctuations. In case of unexpected stock breach we will inform you and we reserve the right to cancel the order.

These general terms and conditions are included in the confirmation email of the order and apply to every legal relationship between Family Spirits and the Consumer. The Consumer confirms this during the ordering process.

 

5. PAYMENT

The payment options we offer are mentioned on our Site. The amount will be charged in the currency in which you ordered. Please refer to the Privacy Policy posted in the Site for further information regarding Internet fraud and secure payment.

Some companies, located in certain countries and in possession of a valid VAT number, have the option to pay after receipt of the invoice. Family Spirits reserves the right to request a prepayment on an initial order if we receive an unfavorable credit rating.

Family Spirits retains title in the sold goods until we have received full payment of the price and shipping charges, and possible late payment interests and/or indemnities.

 

6. SALE AGREEMENT

A “Sale” is to be understood by the online purchasing of an article that will be dispatched to your address. The payment takes place on beforehand. At that moment the purchase comes about. The order will only be shipped after receipt of the payment.

No sale agreement will exist between you and Family Spirits until Family Spirits packs and/or ships all products.

Family Spirits reserves the right to refuse an order, wholly or partially, in the following cases:

1. If your order is flagged by the security systems as an unusual order or an order suspected of fraud;

2. In case of a stock issue or when a product is no longer available

3. If we have reason to believe you are a reseller;

4. If there was an error in the price quote;

5.In the event of force majeure.

 

7. DELIVERY RESTRICTIONS – COUNTRY OF DELIVERY

Kiss My is delivered throughout the EU in exeption of some members.

1. For France we do not serve the overseas territories.

2. For the UK, we do not serve the ‘Isle of Man’ or the ‘Channel Islands’.

3. For Spain, we do not serve the islands, such as the Balearic Island or the Canary Islands.

4. Care of PO Box addresses and military APO addresses are not accepted.

 

8. DELIVERY

Products are only delivered in the countries for which the website allows delivery. Delivery will, as far as possible, be done within the time specified in the individual order confirmation. Any delay will in no event give rise to damages. Incorrect delivery addresses are the responsibility of the User and may give rise to additional charges that will be collected from the User.

If your order is not delivered in time, you can contact us at any time at:

customerservice@kissmydrinks.com indicating your customer number or order number. Should we not be able to dispatch your order within 30 days of the order confirmation email, you can cancel this order free of charge and the refund will be guaranteed.

The shipment is always carried out by a professional courier. A signature is required for receiving the goods. You agree that a shipment may be delivered to a person other than the Applicant, if it is at the address indicated by you. If no-one is present at time of delivery, you will be asked to make a new appointment for a 2nd delivery attempt. This can be done by phone or via a card in the mailbox. An overview of the delivery methods, their warranties and restrictions can be found on our delivery instructions.

 

9. INADEQUATE PRODUCT OR INCORRECT DELIVERY

Upon receipt you must immediately inspect the goods. If you believe that the goods are not in accordance with the order, do not sign the delivery note and / or clearly state the problem on the courier’s receipt. Please notify us of the problem within 24 hours, stating your order number, by sending an email to the following email address: customerservice@kissmydrinks.com.

 

10. COMPLAINTS

Submitted complaints will be answered within a period of 14 days from the date of receipt of your order. If a complaint requires a foreseeable longer processing time, we will reply your message within 14 days with a message of receipt and an indication of when you can expect a more detailed answer.

 

11. DISTANCE SELLING – RIGHT OF RETRACTION/CANCELLATION

The consumer has the right to notify the seller that he waives the purchase without payment of a fine and without a statement of reasons within 14 calendar days from the day following delivery

In case the consumer invokes this possibility, he must return the goods to Family Spirits at his own risk and costs. Goods designed specifically for the User will not be taken back and the User cannot rely on the waiver clause.

Returned goods will only be accepted by Family Spirits on the condition that the goods are unused.

In order to return the goods the following procedure needs to be followed:

Step 1: Please contact customerservice@kissmydrinks.com and state your order number. We will send you our return instructions by email. The return costs, which we will mention in this email, are at your expense.

Step 2: Pack the goods before returning them (do not return any used goods), if possible in original packaging and complete with original labels, accessories. The original packaging ensures that damage during return is avoided.

Step 3: Print the return label and stick it on the box/boxes. The received label will contain all information to make sure the return goes smoothly (your information, our shipping address, the courier name).

Step 4: If you have questions after step 3, please do not hesitate to contact us. If no questions, you must return the goods to us within 14 days.

Step 5: If the goods reach us in good condition, you will be refunded within 14 days. Should the goods be incomplete or damaged, we will inform you.

 

12. LIMITATION OF LIABILITY

Use of the Site : Family Spirits is not responsible for any discontinued availability or access to the Site, malfunctions depending on the computer system, viruses or other inconveniences that may arise from the use of this Site (including but not limited to ‘loss of profit’).

Legal Warranty: For consumers, the 2 year legal warranty applies. This warranty only covers a lack of agreement that already exists in the delivery of the goods. During the aforementioned period, the Seller undertakes to replace or repair the defective item (or a part of it) free of charge.

Warranty conditions: To appeal to a warranty, the customer needs to present its sales receipt or invoice. The warranty is nontransferable. Any defect must be reported within two months after it has been discovered. Afterwards, every right to repair or replacement is void.

Exclusions: The warranty does not apply to defects arising from accidents, worsening of the condition through negligence, falls, use of the goods in conflict with the purpose for which it was designed, failure to follow the operating instructions or the manual, adjustments or modifications to the unit, rough use, improper installation, poor maintenance, abnormal, commercial or improper use.

It does equally not apply to products with a shorter life span (such as batteries, wear articles or articles with a shorter maturity) or in case of interference by a third party not designated by Seller.

Use of the goods: Family Spirits is not responsible for loss or for material or other damages of any kind, which the User or third would suffer in the use of the goods.

Delivery and other exclusions: Family Spirits cannot be held liable for failure to comply with any term, as all terms are purely indicative without any obligation under Family spirits, nor for any other damage that may be caused by her fault or her negligence, even in the event of a serious error. Any consequential damage or any other damage that cannot be provided by one of the parties at the time of conclusion of the sales agreement is excluded from compensation.

The full liability of Family Spirits will never exceed the purchase price of the product in question.

 

13. REFERENCE TO OTHER WEBSITES AND USE OF MATERIAL FROM/THROUGH THE SITE

The reference to another website through our site is for informational purposes only. Only with the explicit permission of Family Spirits may information on the Site be used elsewhere. It is forbidden to modify, copy, reproduce, download, disseminate, transfer or commercialize and/or distribute the services, Site pages, or the information codes related to the Site.

Information and suggestions communicated to us through the Site may be used free of charge and without any compensation by Family Spirits.

All images on this website are owned by Family Spirits. Reproduction of images without prior written permission is prohibited.

 

14. TERMINATION

Cancellation by Family Spirits of the sales contract is always possible without prior notice.

 

15. USE LIMITATIONS AND INTELLECTUAL PROPERTY RIGHTS

Family Spirits has developed this site for your personal and non-commercial purposes. All rights, and in particular all Intellectual Property Rights, associated with this Site are governed by and are the exclusive property of Family Spirits. Based on these rights, it is forbidden to modify, copy, disseminate, transmit, reproduce, publish information or material contained on the Site or create derivative works. All of this, except for the following:

You may download content and make one copy for purely personal, non-commercial use, provided that you maintain in its original state the content of the material on which the Intellectual Property Rights apply. Copying or storing any content outside of personal, non-commercial use is not allowed.

All other trademarks, signs, illustrations, images or emblems appearing on our products, accessories or packaging are and remain the exclusive property of Family Spirits. The reproduction of this, in whole or in part, for any reason or for any means, is strictly prohibited. Also, the use of any combination with another sign, symbol, emblem or other distinctive sign is prohibited.

The technology is provided and managed by Family Spirits.

 

16. PRIVACY POLICY

Family Spirits acknowledges the importance of privacy. Our privacy policy can be found on our web site. These privacy policy terms apply to all products and services provided by Family Spirits. By using this Site, the User implicitly accepts the Privacy Policy.

By ordering through the Family Spirits Site, the User explicitly authorizes Family Spirits to process and use his personal data for purposes such as customer administration, management of orders, deliveries and invoices, following up the solvency, marketing and advertising. Family Spirits may store the data for use by other managed web shops, but not third parties without any relation to Family Spirits.

The User has the right of access and improvement for all data and is entitled to object free of charge the processing for direct marketing purposes. For more information, the User is invited to refer to the public register maintained by the Commission for the Protection of the Personal Life in Brussels.

 

17. DEFINITIONS

Within the scope of these terms and conditions, the terms listed hereafter shall be deemed to have the following meaning, unless explicitly mentioned otherwise:

– Terms and Conditions: these terms and conditions and all its additions or updates;

– Order: the result of the ordering process as described in article 4 of the Terms and Conditions. Upon receipt of the payment, the Order becomes a Sale;

– Family Spirits: Family spirits , limited liability company, incorporated under Belgian law (so-called BV), having its registered office at 8870 Izegem (Belgium), Lodewijk de Raetlaan 5/4, Company Registry number Kortrijk 0651.676.187; Family Spirits is responsible for the technical support of the functioning of the Site.

– User: someone who by entering the address of this Site or by following a link visits this Site and uses it for informative purposes or to place an order;

– Site: a collection of webpages grouped together under the address of Kissmydrinks.com. The possibilities of the Site range from providing static information to interactive communication with multimedia applications and the purchase of goods;

– Selling: Online purchase of an item delivered at home. Payment will be made in advance. At the time of receipt of the payment, the sale will be completed.

 

18. LEGISLATION

Disputes concerning the conclusion, validity, interpretation or performance of the contract or of the current General Terms and Conditions are governed by Belgian law and under the jurisdiction of the Gent or Brugge Courts without prejudice to the right of the consumer to bring a dispute before the judge who is empowered by mandatory legislation. All parties accept the electronic evidence within the framework of their relationships (for example: email, backups, …).

If any of the above conditions should be annulled, all other conditions will remain valid to the fullest extent permitted by the law.

In compliance with art. 14.1 of Regulation (EU) No 524/2013, you can appeal to the European Commission’s alternative online dispute settlement. The Online Dispute Resolution (ODR) platform offers a single point of entry that allows EU consumers and traders to settle their disputes for both domestic and cross-border online purchases.

 

19. END

This agreement supersedes any prior agreement with the User.

For any questions, comments or technical issues regarding this Site you may contact us through the following information: customerservice@kissmydrinks.com , tel. INT. +32 (0)498 28 77 65

These Terms and Conditions were last updated on March 12th, 2020