Terms and Conditions
ADM beverages
Kortrijksesteenweg 1035 – 9051 Ghent
Belgium
KBO/VAT: (BE)1016974031
Table of Contents
Article 1: General Provisions
Article 2: Scope of Application
Article 3: Acknowledgment and Acceptance
Article 4: Legal Provisions regarding Alcohol
Article 5: Use of the Website and Information
Article 6: Offer and Acceptance
Article 7: Price and Payment
Article 8: Retention of Title and Penalties for Non-Payment or Late Payment
Article 9: Right of Withdrawal and Warranty
Article 10: Delivery and Execution
Article 11: Force Majeure
Article 12: Privacy and Use of Data
Article 13: Intellectual Property
Article 14: Dispute Resolution and Applicable Law
Article 15: Nullity and Interpretation
Article 16: Amendments
Article 17: Contact Details
Conditions
Article 1: General Provisions
The private limited company ADM beverages (BV) specializes in marketing rum under the brand name Maestror® and all related products, including but not limited to rum-based cocktails, recipes, associated promotional materials…
Article 2: Scope of Application
These general terms and conditions of sale apply to every transaction involving any of our products, starting from the customer’s request, including the offer, purchase, delivery… This applies to transactions concluded via telephone, email, any other communication method, our website, or any other digital platform (including but not limited to our social media).
The customer accepts that these general terms and conditions are the sole applicable terms, to the exclusion of any of their own or specific (purchase) conditions, even if those conditions stipulate that they are the only applicable terms.
No deviation from these general terms and conditions is permitted unless ADM beverages has expressly and in writing agreed to such deviation in advance. In such cases, the burden of proof lies entirely with the customer.
ADM beverages is entitled to refuse its services and/or access to the website and other digital platforms if the customer fails to comply with these general terms and conditions.
Article 3: Acknowledgment and Acceptance
By using or accessing our website, the customer declares that they have taken note of these general terms and conditions of sale and fully accept them.
These general terms and conditions of sale are fully available on our website via a clear weblink. As a customer, you have the opportunity to review their full content or save them on a durable medium before inquiring further about our products or entering into a transaction.
If the customer does not agree with these general terms and conditions, they must immediately cease using our website. In case of non-compliance with our general terms and conditions, ADM beverages reserves the right to deny access to the website.
At various stages, such as during an offer or in a response email, our general terms and conditions are made available and/or the link is separately provided. If you, as a customer, wish to receive a copy of these general terms and conditions, you can send an email to info@maestror.be, and we will gladly provide the requested copy via the same channel.
If additional special conditions of ADM beverages apply, this article also applies to those special conditions. Express deviations or special conditions, provided they are confirmed in writing and in advance by ADM beverages, take precedence over the more general provisions in case of contradiction. The burden of proof for such confirmation lies with the customer invoking these special conditions or deviations.
Article 4: Legal Provisions Regarding Alcohol
Since our rum and rum-based products contain alcohol, the legal provisions regarding alcohol apply.
The use of our website and other digital platforms is therefore reserved for visitors who meet the required age as stipulated by the applicable legal provisions, which in Belgium is set at 18 years. If stricter rules apply for visitors from another country, those visitors must comply with those rules.
The customer is solely responsible for complying with the legal provisions regarding alcohol applicable to them and/or in their country of origin as a visitor to our website and/or other digital platforms.
The same applies to requests and/or purchases made via email, telephone, or any other communication method.
In addition to these legal provisions, including the age requirement, the customer is also responsible for complying with the legal provisions regarding their required capacity and authority.
ADM beverages reserves the right to unilaterally and without any notice or justification refuse access to the website, other digital platforms, and/or a request or transaction if it appears that the customer is a minor and/or does not comply with the legal provisions.
Article 5: Use of the Website and Information
The use of the website or other digital platforms is prohibited for purposes other than personal and legitimate ones. All information obtained via the website, email, telephone, or any other information carrier may only be used for the purpose of entering into a transaction with ADM beverages and/or purchasing products under the Maestror brand.
Under no circumstances is it permitted to illegally copy or use the obtained information, the Maestror name, or parts of the website and/or other digital platforms for conducting illegal activities, issuing incorrect or inappropriate messages, disseminating incorrect or inappropriate messages via social media, introducing viruses or other harmful software or spam, incorporating into prohibited advertising, or engaging in any other activity that could (potentially) harm the good name and reputation of ADM beverages and the Maestror brand.
Article 6: Offer and Acceptance
When you receive our offer via email, telephone, or any other communication method, you must confirm it within the specified validity period and in accordance with the specified conditions. Your confirmation constitutes acceptance of our offer. Unilateral changes to our offer, validity period, and/or conditions will never be deemed accepted by us.
When placing an order via our website or any other digital platform, you accept the offer as formulated on our website. However, the order is only final once you have received confirmation from us.
We strive to describe our products and conditions as fully and clearly as possible and to keep our website, other platforms, or information carriers up to date. However, it is possible that the provided information is incomplete, insufficiently clear, contains material errors, and/or is no longer current. In such cases, you can always contact us via the provided email address or telephone number for further or updated information. Information regarding availability, delivery times, or delivery methods can also be obtained by contacting us.
For visual representations of our products, we also strive to make them as accurate as possible. However, it is possible that these may deviate from reality, for example, due to differences arising during the creation of the representation or the way it is displayed on a screen, platform, or information carrier.
ADM beverages is only bound by a best-efforts obligation regarding the accuracy or completeness of the provided information and/or visual representations and cannot be held liable for material errors or discrepancies between the actual and real data or representations.
The offer is valid as long as stocks last and may be amended or withdrawn at any time if the products are no longer available. Once your order is confirmed, you have accepted it, and the sale is final.
It may be that certain products are only available to a limited extent or require a longer delivery time, and therefore, availability on the website and/or other digital platforms or information carriers is regularly updated. Nevertheless, it is possible that certain products can no longer be delivered; in such cases, any overpaid amount will be refunded in the same manner as the payment.
Our products are artisanally crafted and packaged. As a result, variations or imperfections may occur due to this artisanal process. Such variations or imperfections are deemed accepted and cannot under any circumstances give rise to refusal or compensation.
Article 7: Price and Payment
The price includes VAT and taxes and pertains solely to the products as explicitly described and specified in the order. Any accompanying images showing items other than the products are purely decorative or intended to create an atmosphere and may include elements or items that are not included in the price and are not offered for sale.
In addition to the purchase price, shipping or transport costs, administrative costs, or reservation costs may be charged. These costs are separately indicated in the order and may vary depending on the order and can be amended at any time as they depend on actual costs based on the size of the package, available transport options, place of delivery, etc.
Payment is made using the specified payment methods on the website or by bank transfer to ADM beverages’ account number. All our products must be paid for in advance and will only be shipped after payment has been received.
If payment is not received within 8 days after order confirmation, ADM beverages reserves the right to cancel the order. However, the customer cannot invoke non-payment as a cancellation of the order.
In case of late or incomplete payment, costs incurred as a result may be charged, or additional costs may be applied (see above: transport, administration, reservation, etc.). In such cases, ADM beverages is also entitled to refuse orders, adjust delivery times, split deliveries, or impose other conditions on delivery. The customer cannot invoke late or incomplete payment as a cancellation of (part of) the order.
Products specifically and exclusively made for the customer may incur an additional cost, and payment must always be received in advance before production begins.
Article 8: Retention of Title and Penalties for Non-Payment or Late Payment
All products remain the property of ADM beverages until full payment has been received, and the customer cannot claim any rights to these products until they are fully paid.
For products that have already been delivered but not paid for, or paid late or incompletely, ADM beverages may decide at any time, at the customer’s expense, to reclaim these products. Until full payment for the delivered products is received, the customer may not resell, give away, use as collateral, or otherwise dispose of them. If the customer does so, they will owe ADM Beverages the equivalent value plus costs, and ADM Beverages reserves the right to demand goods owned by the customer as collateral until full payment, including costs and ancillary charges, has been received.
In case of non-payment, late payment, or incomplete payment, interest is due on the outstanding amount at the interest rate as per the Law on Late Payment, with a minimum of 10%, plus a fixed compensation of 10%, plus any actual costs and damages, until the day of receipt of full payment.
Article 9: Right of Withdrawal and Warranty
Our products are consumable goods.
Products that have been consumed cannot be returned under any circumstances.
An order for products exclusively and personally produced for the customer cannot be withdrawn or canceled.
However, the customer has a right of withdrawal and may, in accordance with legal provisions, cancel the purchase within the legally prescribed period. If the products have already been delivered, they must be returned undamaged, unused, and in their original form and packaging, along with all accompanying delivered products, to ADM beverages immediately.
The sealing labels must, in any case, remain intact.
Given the nature of the goods, returned goods must not have been used.
When returning products, the customer is solely responsible for transport and the associated costs.
The right of withdrawal is only validly exercised once ADM beverages has received the products back and found them to be in good condition as described above. If the products are wholly or partially lost or damaged during transport or do not meet the aforementioned return conditions, ADM beverages cannot compensate the customer or refund the paid amount. Refunds are always limited to the price of the products, minus the costs as described above (Article 7).
If, upon delivery, you find that the products do not match what was ordered or are damaged, this must be reported to us via email within 24 hours of receipt, under penalty of forfeiture of any rights, so that ADM beverages can safeguard its rights with respect to production and delivery services.
The warranty does not apply to damages or defects resulting from use, falls, improper opening of packaging, failure to follow usage instructions, or failure to comply with legal obligations.
When invoking the warranty, the customer must provide proof of a visible or hidden defect. Given the nature of the goods, invoking the warranty after the products’ expiration date is not permitted. Similarly, invoking the warranty is not valid when there are clear signs of use or consumption of the products. The warranty is non-transferable under any circumstances.
Article 10: Delivery and Execution
Ordered products are delivered after we have received your payment.
We make every effort to process and execute your order as quickly as possible so that you receive the delivery within the shortest possible time. However, we are also dependent on external services that may delay processing. We are bound by a best-efforts obligation, not a result obligation.
The products are delivered to the address and with the details you provided. ADM beverages is not responsible for incorrect, incomplete, or unclear coordinates, address, and/or contact details. If you notice an error in the provided details, we recommend informing us as soon as possible. However, the customer remains responsible for providing or submitting the correct details. If we cannot correct this (in time), the costs of reoffering the order are entirely at the customer’s expense.
Article 11: Force Majeure
Force majeure is understood to mean any circumstance beyond our will and control that wholly or partially prevents the fulfillment of obligations under an agreement or transaction, including but not limited to strikes, riots, war situations, commercial situations, inability to work due to, for example, outbreaks of viruses (e.g., COVID situations) or other diseases, fire, flooding, extreme heat, unforeseen weather conditions, road blockages, operational disruptions, power outages, disruptions in a network or connection or used communication systems, non-delivery or late delivery by suppliers or other engaged third parties, etc.
In case of force majeure, ADM beverages may suspend its obligations for the duration of the force majeure or definitively terminate the agreement. The customer also has the same right in case of force majeure.
Force majeure must be proven by the party invoking it.
Article 12: Privacy and Use of Data
ADM beverages undertakes to use customer data solely for the execution of the agreement resulting from placed orders and to provide non-binding information about Maestror products.
Customer data is considered confidential information.
As a customer, you can adjust, modify, or update your data at any time.
The information we send to customers is also confidential and must be treated as such.
However, if the customer discloses their own data, such as name, photos, text, etc., via our website or any other digital platform (e.g., Instagram, TikTok, etc.), the customer accepts that this data becomes public and may not contain confidential information. ADM beverages may, if it deems it appropriate, use this data for promotional purposes. ADM beverages also reserves the right to remove such data if it considers it unnecessary or undesirable, at its sole discretion.
The customer is never permitted to disclose data that does not belong to them or that violates legal provisions and/or customary norms (e.g., promoting violence, alcohol use by minors, excessive alcohol consumption, gender discrimination, etc.), and the customer may face criminal prosecution in such cases. ADM beverages is never responsible for the data the customer chooses to publicly disclose.
Article 13: Intellectual Property
Our website, name, images, logos, information, etc., are protected by intellectual property rights. These may not be used, copied, or reproduced without our prior written consent.
Article 14: Dispute Resolution and Applicable Law
Belgian law exclusively applies to our transactions, agreements, and general terms and conditions, regardless of the customer’s place of domicile, residence, or registered office.
The courts of Ghent are exclusively competent, unless another form of dispute resolution and/or competent authority/court has been expressly agreed upon in writing in advance.
In case of disputes and/or complaints, it is always advisable to seek an amicable resolution. If you, as a customer, are dissatisfied or have complaints, we kindly ask you to contact us to work together toward a solution.
Article 15: Nullity and Interpretation
If any provision of these general terms and conditions is deemed null, the other provisions remain fully applicable.
These terms are interpreted based on what has been agreed between ADM beverages and the customer.
If a separate agreement has been concluded between ADM beverages and the customer, it will be interpreted in light of these general terms and conditions.
Article 16: Amendments
ADM beverages is entitled to amend or modify these general terms and conditions at any time. Upon making amendments and/or modifications, these take effect immediately, unless expressly agreed otherwise.
Article 17: Contact Details
Our contact details are provided in these general terms and conditions, on the website, and in all communications you receive from us. If these details change, we will inform you as soon as possible so that you can contact us at any time.
We also request that our customers promptly notify us of any changes to their contact details.
Mail : info@maestror.be Tel : +32 470 38 2162 IBAN: BE02 3632 5088 0840