The Brewers of Europe AISBL
General terms and conditions
Article 1 : Scope of the terms and conditions
The legal relationship between the international non-profit organization The Brewers of Europe (hereafter referred to as “The Brewers of Europe”), whose registered office is situated at Rue Caroly 23-25, 1050 Ixelles, registered with the Crossroads Bank for Enterprises under number BE 0428.031.108 RPM Bruxelles (division francophone) and the users of the services provided hereunder by The Brewers of Europe (hereafter referred to as “User” or “Users”), is governed by these general terms and conditions, including, where applicable, the purchase order and invoices (referred to jointly below as “the Terms and Conditions”). It is understood that by accessing and using The Brewers of Europe’s website BrewUp (www.brewup.eu) (hereafter referred to as “the Website”), the User declares that he/she is aware of and has accepted the Terms and Conditions.
The Terms and Conditions nullify and supersede all written or verbal contracts, proposals and undertakings that relate to the same subject and which may pre-date the Terms and Conditions. The Terms and Conditions take precedence over the Users’ general terms and conditions and/or other conditions, even if these conditions state that they alone are valid.
Users are considered to be any party (either members of one of the 29 national brewers’ association, or non-members thereof) that enters into an agreement (hereafter referred to as “the Agreement”) with The Brewers of Europe as provided for in Article 4 for the Reserved Services or is bound by the Terms and Conditions pursuant to Article 1.1 hereof and thus benefit from the Services of The Brewers of Europe (even for free).
The Brewers of Europe reserves the right to update or modify these Terms and Conditions at any time without prior notice. The Users can view the most current version of the Terms and Conditions at any time by visiting the Website. The use of the Website and/or the use of the electronically supplied services of The Brewers of Europe following any such change constitute the User’s consent to follow and be bound by the Terms and Conditions as changed. For this reason, The Brewers of Europe encourages the User to review these Terms and Conditions whenever he uses the Website.
Article 2 : Electronically supplied services
- The Brewers of Europe offers different kinds of electronically supplied services (hereafter referred to as “the Services”), i.e. various information and documentation related to brewers’ activities, from the production to the commercialization (e.g. brewing process, regulations in force, advice in export, newsletters, etc.). Such services and information are dedicated to brewers and other professional operators in this field of industry, and not to consumers.
Except otherwise agreed, the Users recognize that the Services are standard products and services, not created for their specific needs. Therefore, the Users agree that The Brewers of Europe does not grant any warranty and should not be held responsible in case of discrepancies between the Services and their needs.
The Services are only valid on the date they are provided and The Brewers of Europe cannot guarantee their accuracy, the absence of errors, their completeness and/or their timeliness. They are provided exclusively for information purposes and independently of any specific contractual and/or unilateral undertaking entered into by The Brewers of Europe. They can never be considered as a recommendation, advice or a direct and personal offer for the provisions of services or other products. They only constitute an element of assessment for the User who remains free in his/her decisions and is solely responsible for the use he/she makes of them.
- The Brewers of Europe reserves the right to modify the characteristics of the Services, by expanding or reducing them (e.g. with status update, extra, etc.).
Article 3 : Use of the Services
The services are divided into 2 (two) categories:
- Publicly available documentation/information (hereafter referred to as “Public Services”);
- Documentation/information with reserved access, available (i) for free for members of any of the 29 national brewers’ associations and (ii) against payment for non-members of any of the 29 national brewers’ associations (hereafter referred to as “Reserved Services”).
Users benefiting from any Services are granted a non-exclusive and non-transferable license to access and use them for their personal reference and informational purposes subject to the following:
- The Users shall not make alterations to, or modifications of, the whole or any part of the Services, nor permit (any part of) the Services to be combined with, or become incorporated in, any other document or media.
- The Users shall not move, copy, reproduce, network or otherwise transfer any Service file to any computer or other device of any other person.
- The Users shall not share, lease, loan, rent, sell, license, sublicense, transfer, network, reproduce, display, distribute, translate or otherwise make any of the Services available to any other person.
- Access to Reserved Services is granted on an individual user basis and may only be used by the User entitled to benefit from the Reserved Services. The User can however circulate the Reserved Services within his own company or the group of companies to which his company belongs provided he undertakes that every transferee shall comply with the Terms and Conditions.
In case Reserved Services are updated and clearly indicated as such on the Website, Users who previously had a full access to these Reserved Services continue to benefit from this access, provided they comply with the Terms and Conditions.
- The Brewers of Europe’s Services are monitored and if any misuse is suspected, the User’s right to use the Services will be terminated immediately. In such an event of termination, the User must destroy the information and content received in the framework of the Services.
Article 4 : Offers and Agreements with respect to Reserved Services
- All prices for the Reserved Services of The Brewers of Europe are given for information purposes except if The Brewers of Europe has expressly provided for on the Website that the prices are valid for a defined period of time. The Brewers of Europe reserves the right to change these prices at any time without prior notice. As a rule, the prices become binding when Agreements are entered between the Users and The Brewers of Europe.
- As for the Reserved Services whether paying or not, an Agreement will only result from the automatic acceptance of the User’s order through the Website or through the issuing by the Brewers of Europe of an acceptance acknowledgement, depending on the specific provisions applying to the relevant Reserved Services. Therefore, for these Reserved Services, unless expressly provided for by the Website or the media used to convey the content or the information made available to the Users by The Brewers of Europe, the express consent of the latter is required to be bound by an Agreement.
- Regarding the Reserved Services, The Brewers of Europe reserves the right to refuse an order for objective reasons. The Brewers of Europe will inform the User within a reasonable period of time if an order is not accepted.
Article 5 : Delivery and access
- Delivery occurs when the content and/or the information to be delivered in the framework of the requested/ordered Services have been made available to the User as provided for on the Website or on any other media used by The Brewers of Europe, being (i) for Public Services when the User has registered and created an account on the Website and so has accessed the contemplated content and information (ii) for Reserved Services, (a) either, for non-members, when the User has registered and created an account on the Website and has met the conditions under these Terms and Conditions to benefit from the Reserved Services and when he/she has access to them, or (b) when The Brewers of Europe has validated the User’s registration on the Website and the information provided thereby, in particular its quality of member of any of the 29 brewer’s associations member of The Brewers of Europe and when the requested content or information has been made available to the User.
- Save as otherwise provided hereunder, The Brewers of Europe provides access to the Services 24 (twenty-four) hours per day. Nevertheless, The Brewers of Europe cannot guarantee a continuous, uninterrupted and secured access to the Website or media it uses to provide the Services. The Brewers of Europe may thus interrupt, at any time and without prior notice, the access to the Website/relevant media in case of risk of misuse or fraud or in order to perform maintenance or to implement any improvement or modification. The Brewers of Europe is not liable for periods of non-accessibility of its Services, and The Brewers of Europe shall not be liable for any damage caused by a malfunction or a cease of the Website to be operative, except as indicated in this Article.
- If access to (a part of) the Services is not possible as a result of a system breakdown or malfunctioning of The Brewers of Europe online hardware and/or software infrastructure or as a result of force majeure, The Brewers of Europe will make all reasonable efforts to solve this problem and will inform all relevant Users of the access problem as soon as reasonably possible after discovery by The Brewers of Europe of the non-accessibility.
- Regarding the Reserved Services provided to non-members:
- If access to (part of) the Services is not possible as a result of a system breakdown or malfunctioning of The Brewers of Europe online hardware and/or software infrastructure and cannot be restored within 10 working days, the User is entitled to terminate any Agreement entered into under the Terms and Conditions with The Brewers of Europe and get a refund if the Reserved Services were not provided to him.
- If access to (part of) the Services is no longer possible as a result of force majeure, the User is entitled to terminate any Agreement entered into under the Terms and Conditions with The Brewers of Europe and get a refund if the Reserved Services were not provided to him.
Force majeure shall include, but is not be limited to, (threat of) war, molest, strike, government measures, business interruption, transport interruption, important (data) network interruption/break down, natural disaster, fire, total machine breakdown and all circumstances under which The Brewers of Europe, according to the principles of reasonableness and fairness, cannot be required to perform all or part of the Services.
Article 6 : Fees and invoicing for paying Reserved Services
- All prices mentioned are exclusive of VAT and costs, if any.
- All prices and invoices are exclusive of local taxes (if applicable).
- Invoices will be sent to the email address provided by the User as invoicing address when registering to the Website and creating his account.
- Reserved Services are to be paid under the specific provisions as provided for on the Website or any other media used by The Brewers of Europe to deliver these Reserved Services.
- The Brewers of Europe accepts the following methods of payment: PayPal or credit card. On placing an order, the User shall indicate which method he prefers. Delivery of the paying Reserved Services will only take place after reception of the User’s payment, as provided for on the Website or any other media used by The Brewers of Europe to deliver the Reserved Services.
The User is responsible for updating his registration information and his credit card information, as applicable.
Article 7 : Invoicing terms and conditions
Save as otherwise provided, The Brewers of Europe reserves the right to, at any time and for all Reserved Services, apply the principle of pre-invoicing to the sale price applicable at that time. The Brewers of Europe also reserves the right to change the periodicity of the invoicing, convert the invoicing delivery-based in an invoicing time-based or vice versa, apply the principle of joint invoicing (i.e. various Agreements on the same invoice) and, generally speaking, change the invoicing method.
Article 8 : Intellectual property rights
The Brewers of Europe retains the copyright and all other intellectual property rights to all contents that The Brewers of Europe develops, before or during the provision of Services, including any document (including electronic documents or files), information or data posted on the Website or stored on any media or systems, methodologies, software and more generally any know-how (hereinafter referred to as “Content”). The Brewers of Europe shall also retain all copyrights and other intellectual property rights to any Content while delivering any services or products other than the Services.
The Brewers of Europe will grant the User a non-exclusive and non-transferable license to use the Content in accordance with the Terms and Conditions. No Content may be reproduced and/or disclosed in any way without the prior written consent of The Brewers of Europe, unless in accordance with the Terms and Conditions or a specific Agreement between the User and The Brewers of Europe.
Article 9 : Liability and limitations thereof
- Except for explicit undertakings under an Agreement entered into by The Brewers of Europe under the Terms and Conditions, the liability of the latter is limited to the liability imposed by mandatory provisions of the law. The Brewers of Europe is not liable for indirect damages, such as loss of turnover, loss of profit or any increase in general overheads. Nor is The Brewers of Europe liable for any damages arising from the non-compliance of these Terms and Conditions by the User, nor is The Brewers of Europe liable for failings that are caused directly or indirectly by an act of any User or third party, regardless of whether this has been caused by an error or shortcoming.
- All Content and information posted by The Brewers of Europe on the Website or any other media used by The Brewers of Europe while providing the Services have been carefully compiled by the latter and/or its editors and authors, but no representation is made or warranty given (either express or implied) as to the completeness or accuracy of the information they contain. The Brewers of Europe and/or its editors and authors are not liable for the information provided for in the framework of the Services or for any decision or consequence based on the use of it. The Brewers of Europe and/or its editors and authors will not be liable for any indirect or consequential damages.
- As regards to the Services, it is the User’s duty to ensure that his computer equipment is adequately protected against viruses, unauthorized access and other security breaches. The Brewers of Europe is not responsible for any damage to the User in this respect, including but not limited to any damage to any computer, data, document, information, media or system, resulting from any such security breach, virus, bugs, tampering, unauthorized intervention, fraud, error, omission, interruption, deleting, defect, delay in operation or transmission, computer line failure or any other technical or other malfunction in relation to any Services.
In any case, The Brewers of Europe will be liable for damages that are the result of an intentional act or gross negligence on The Brewers of Europe’s part. If The Brewers of Europe can be shown to be liable, The Brewers of Europe is only required to replace the Services and, if not possible, to reimburse the price paid for the Services, if any.
Article 10 : Complaints
All complaints with respect to the nature, object or fee of The Brewers of Europe’s Services must be communicated by registered letter addressed to The Brewers of Europe within 1 (one) month as of the act or omission that is invoked against The Brewers of Europe, upon penalty of declaration of non-admissibility. Despite its complaint, the User should still pay The Brewers of Europe’s invoice, when applicable.
Article 11 : Electronically submitting data
- Parties may communicate electronically while services are being provided. However, it is impossible to guarantee that electronic transfer of data is completely safe, without viruses or without the occurrence of any possible mistake and, consequently, such transmissions can be intercepted, tampered with, lost, destroyed, delayed or rendered unusable. The parties hereby recognize that no system or procedure whatsoever may completely exclude such risks.
- Parties hereby confirm that they accept those risks, allow the use of electronic communications and agree to use all available and appropriate means to detect the most commonly distributed viruses before sending information electronically. Each party shall be responsible for protecting its own systems and interests concerning electronic communications, and no party at all shall be held liable, regardless of manner or form, in respect of both the contractual and criminal-law grounds (including grounds for negligence), or on any other grounds, for any loss, mistake or omission pursuant or connected to using electronic communications between the parties.
Article 12 : Anti-corruption and offences
- The parties undertake to comply with all relevant laws and regulations prohibiting, hindering and making offences of acts of corruption and allied criminal or delinquent acts in all their transactions and relationships, regardless of whether they relate to the Services supplied or otherwise, regardless of the form in which such acts take place and to whatever extent.
- The parties shall ensure awareness of their employees, representatives, agents and directors with respect to the obligations mentioned in Article 12.1.
Article 13 : Independent service provider
When providing Services, The Brewers of Europe exclusively acts as an independent service provider. The Brewers of Europe does not undertake to comply with any legal or contractual obligation of the Users or to bear any responsibility regarding the Users’ activities or transactions.
Article 14 : Transfer
No party may assign, transfer, charge or otherwise seek to deal in any of its rights or obligations under the Agreement without the prior written consent of the other party thereto.
Article 15 : Enforcement
The fact that The Brewers of Europe does not enforce a right or a provision of the Terms and Conditions in no way implies that the latter waives this right or the application of this provision.
Article 16 : Waiver
No waiver of or derogation with any of the Terms and Conditions will be effective unless made in writing and accepted by The Brewers of Europe.
Article 17 : Amendment
Any amendment to the relations of the parties will not be effective unless occurred in accordance with the Terms and Conditions.
Article 18 : Nullity
- No provision of the Terms and Conditions may have as object, aim or consequence the breach of any mandatory or public order provision of the applicable law.
- If any provision of the Terms and Conditions is declared fully or partially invalid or unenforceable, the relevant provision (or, where appropriate, the relevant part of the provision) is deemed not to form part of the Terms and Conditions. In no case whatsoever shall the validity and enforceability of the other parts of the Terms and Conditions be affected.
- In addition, parties shall immediately commence negotiations in good faith to replace the provision that has been declared invalid or unenforceable, where appropriate, with retroactive effect until the date on which the Terms and Conditions comes into force, by another, valid and enforceable provision, the legal consequences of which are linked closest to those of the invalid or unenforceable provision.
Article 19 : Applicable law and competent jurisdiction
- The Terms and Conditions are governed exclusively by, and interpreted in accordance with, the laws of Belgium, without giving effect to the provisions relating to conflict of laws.
- Should any dispute arise in connection with the Terms and Conditions or the Services, the parties commit themselves to attempt to resolve any dispute, controversy or claim in an amicable manner, by engaging in good-faith discussions and negotiations; if such discussions and negotiations are not successful, the issue will be escalated to senior level negotiations.
- If an appropriate solution cannot be found within a 30 (thirty) day period, the parties agree to submit the unresolved issue, unless otherwise provided by law, to the Brussels courts which will have exclusive jurisdiction.
The data provided by the User is entered into The Brewers of Europe’s database. This data will be used to provide the Services, for the purpose of conducting information or promotional campaigns in connection with the Services offered by The Brewers of Europe and/or in the context of the contractual relationship between the User and The Brewers of Europe. With regard to privacy legislation and matters, The Brewers of Europe and the Users agree to refer and comply with the hereto enclosed data privacy statement