FOR PROFESSIONAL CUSTOMERS

Preamble

The website “www.castlemalting.com” (the “Website”) belongs to MALTERIE DU CHATEAU, a limited liability company with its registered office at 94 Rue de Mons (Belgium) – 7970, registered with the BCE under number 0455.013.439 (the “Seller”). The Seller’s products can be purchased through different sales channels; this section of the General Terms and Conditions of Sale (hereinafter referred to as the “GTC”) applies exclusively to purchases made by a professional for the needs of their business from the Website (the “Buyer”). The Seller reserves the right to modify these GTC at any time, with the applicable conditions being those in effect at the time the Buyer places the order, as communicated to the Buyer beforehand. Any order placed via this Website implies full and prior acceptance of these GTC. This acceptance by the Buyer is materialized as soon as they check the box stating “I accept the general terms and conditions of sale.” The fact that the Seller does not invoke one or more provisions of these GTC shall not be construed as a waiver on their part. These GTC complement the specific sales conditions displayed on the screen (product description, prices/rates, weights, etc.) and confirmed at the time of order placement, and exclude any possible general terms and conditions of purchase from the Buyer.

Article 1. OBJECT OF THE GTC

These GTC aim to define the rights and obligations of the Buyer and the Seller with respect to the products sold on the Website (the “Products”) within the framework of a remote sales system. The sales contract established in the event of an effective order in this context is governed by the regulations on remote sales, as well as the specific provisions mentioned below.

Article 2. ORDERS - CONTRACTS

The purchase of Products by the Buyer is subject to the placement of orders (the “Order(s)”), or a purchase contract (the “Contract”).

The Order and/or Contract will be the sole authorization for the Seller to commit to supplying the Products or services.

Orders and/or Contracts are placed in accordance with the agreed-upon terms. An Order and/or Contract becomes binding when it is confirmed or partially executed by the Seller. Orders and/or Contracts are valid subject to available stock and on the condition that the Buyer is up to date with payments owed to the Seller. The Seller may condition the validity of an Order and/or Contract on a minimum volume, which the Buyer acknowledges and accepts. In this regard, the Buyer is subject to a volume commitment and therefore undertakes to order the said minimum volume mentioned in the Contract or the Order until its completion.

In the event of an order for an unavailable product, the Buyer will be informed of this unavailability as soon as possible by email or by post. If the unavailability exceeds fifteen (15) days, the Buyer may cancel the order by contacting the Customer Service (whose contact details are provided in Article 13).

The benefit of the Order and/or Contract is personal to the Buyer and cannot be transferred without the Seller’s consent. Any modification or cancellation of an Order requested by the Buyer can only be considered if it is received in writing by the Seller within twenty-four (24) hours of the confirmation of the order by email and if it is expressly accepted in writing by the Seller. Any modification or cancellation of a Contract requested by the Buyer must be negotiated between the two parties and accepted in writing by the Seller before the order is confirmed by the latter.

In the event of manufacturing constraints and/or supply difficulties for raw materials used in the composition of the Products, duly justified, whatever the cause, the Seller reserves the right to allocate available quantities per product and per delivery point to ensure equal access for its customers to its Products. In such cases, the Seller will not accept any logistical penalties.

Article 3. DELIVERIES

Products are delivered according to the terms agreed upon in writing (timeframe, location, methods, etc.). In the absence of specific details in the Order and/or Contract, delivery is carried out in accordance with the following Incoterms (2020 version):

Delivery by availability: Incoterm EXW
Delivery with transport: Incoterm DAP
Free Carrier: Incoterm FCA
Carriage Paid To: Incoterm CPT
Carriage and Insurance Paid To: Incoterm CIP
Free On Board: Incoterm FOB
Cost and Freight: Incoterm CFR
Cost, Insurance, and Freight: Incoterm CIF

Delivery times are given as accurately as possible but are only indicative. Delays in delivery cannot give rise to damages, penalties, withholding, modification, or cancellation of ongoing Orders and/or Contracts without the express and written agreement of the Seller. Any delays caused by unforeseen circumstances or force majeure, as defined in Article 8, preventing the manufacturing, production, shipping, handling, transportation, or delivery of the Products shall not, under any circumstances, entitle the Buyer to damages or penalties.

Deliveries are made based on availability and in the order of receipt of Orders and/or Contracts. The Seller is authorized to make deliveries in full or in part. In the case of partial delivery, each will be considered a complete commercial transaction, requiring a proportional payment corresponding to the quantity delivered. Delivery notes are currently sent by email for orders delivered within the EU. However, for export orders, a complete set of documents is issued in accordance with the Incoterms negotiated with the Buyer and the regulations in force in the destination country.

The good condition of the outgoing shipment and its materiality are deemed established upon the signing of the shipping documents by the first carrier. Regardless of the mode of transport and payment terms of the transport price, any damage caused to the Products during their transport will not, in any way, exempt the Buyer from paying the full price to the Seller.

Moreover, when technically possible, the Buyer agrees to carry out a qualitative and quantitative check of the delivered Products at the time of delivery and to note it in writing on the delivery note or any accompanying document.

Furthermore, any visible anomaly concerning a delivery (delivered Products, number of units, condition of packaging, etc.) must be noted as a reservation on the delivery document/waybill (CMR) and be notified in writing by the Buyer to the Seller within a maximum of forty-eight (48) business hours from the delivery, along with any necessary evidence to allow the Seller to verify the validity of the complaint (photograph, description of the anomaly, etc.). Failure to do so (e.g., acceptance of a delivery without reservations on the delivery document) will result in the Products being deemed delivered in compliance. A visible anomaly refers to any anomaly that should normally be detected by a professional transporter or an attentive and informed Buyer.

All deliveries are made on pallets; therefore, ground-level access is essential. If it is necessary for the Buyer that the transporter has a tailgate and/or pallet truck, it is imperative to indicate this at the time of order in the designated field. The type of truck used for deliveries is a 19-ton or 26-ton truck. The use of a smaller or different truck due to specific delivery constraints (e.g., historic city center, narrow street, etc.) will result in an additional cost, which will be subject to a specific quote. The customer will then be informed by the Customer Service as soon as possible, and if they do not wish to pay the additional costs, they may cancel the order. Plastic or certified Euro pallets are no longer taken back.

Article 4. STORAGE

The Seller ensures compliance with optimal storage and preservation conditions for its products. Its liability cannot be engaged after delivery to the Buyer in the event of defects in the product attributable to poor storage conditions.
The Buyer shall ensure, at their own expense and risk, the safekeeping and optimal preservation of the products, in conditions compatible with the perishable nature of the sold Products.

Article 5. CLAIMS AND RETURNS

Claims regarding the quality or non-compliance of Products, excluding any transport disputes, must be made within twenty (20) days of receipt to the Customer Service (Article 13). After this twenty (20) day period, the Seller reserves the right to refuse to register the claim made by the Buyer.

Notwithstanding the above, the Seller's liability will, in any case, be limited, in relation to the Buyer and third parties, on any grounds whatsoever, contractual or tortious, to the replacement of the Product or the amount of the relevant order, excluding VAT. Furthermore, it should be noted that the Seller cannot be held liable for indirect and/or immaterial damages (loss of profit, loss of clientele, etc.) caused in the execution of the Order or Contract.

The Seller's liability will also be automatically waived in the event of non-compliance by the user with the specific instructions for the use, storage, or preservation of the Products.

Any return of a Product must be subject to prior formal and written agreement between the Seller and the Buyer. Without this agreement, any returned product will be held at the Buyer's disposal and will not be taken back by the Seller.

Returned Products must be accompanied by a return note and must be in the condition in which the carrier delivered them. Returns not conforming to the above procedure will result in the loss of the deposits paid by the Buyer and the billing of any fees (storage, etc.) incurred by the Seller due to such Products.
Finally, any action against the Seller, on any grounds whatsoever, contractual or tortious, is time-barred at the expiration of a period of six (6) months from the delivery of the relevant Products or the occurrence of the event justifying the action, whichever is earlier.

Article 6. PRICES

The prices of the Products are detailed in the current price list at the time of the Order, as displayed on the Site. All prices are indicated in euros (€) and are exclusive of taxes, to which VAT will be applied at the rate in force on the day of the order, along with additional transport, preparation, and packaging fees as displayed on the Site before order confirmation and payment. These prices are particularly based on the costs of raw materials in the grain industry, packaging, transport, production (labor, energy), and certain additional costs, taking into account the forecasted purchase costs calculated on average for the validity period of the price list from its application date. They are set in consideration of the economic environment existing at the date the Seller sends the GTC to the Buyer, in accordance with applicable legal provisions. If due to a system error, a discrepancy is found between the prices or final amounts displayed, the Seller reserves the right to correct these errors after the Order confirmation. If such a situation arises, the Seller will inform the Buyer and offer an appropriate solution.

Notwithstanding any contrary clause provided in the Order and/or Contract concluded between the Seller and the Buyer, the Product price list is subject to revision at any time by a simple update, which the Buyer accepts. In the event that the Seller and the Buyer agree on a fixed price for a given period, this price modification must be notified to the Buyer at least two (2) weeks before the application date and, in case of a price increase, duly documented to justify the modification.

Article 7. PAYMENT

7.1. Methods

Payment can be made through the following methods:

- By credit card: Payment can be made online via credit card, through the SERVICES -> PAYMENTS tab. The credit cards accepted on the Site are the following: Mastercard, VISA, VISA Electron, Maestro, American Express (AMEX). An additional 1% fee applies for payments made with a credit card. To ensure secure payments, the Site uses the secure payment service provided by our partner Ingenico. This service integrates the PCI DSS (Payment Card Industry Data Security Standard) Level 1, the highest standard established by the payment card industry to ensure that card data is processed, stored, or transmitted in a secure environment. The bank card details provided during your orders are used by the Seller solely for the purpose of completing the transaction. The confidential data (16-digit bank card number, expiration date, CVV) is encrypted and transmitted directly to our payment provider and is never transmitted to our server.

- By bank transfer: Payment can also be made via bank transfer to the Seller's account, whose bank details are as follows:

• IBAN: BE11 3700 9054 5648
  BIC (SWIFT): BBRUBEBB
  Account holder: LA MALTERIE DU CHATEAU SA, RUE DE MONS 94, 7970 BELOEIL
  Company number: 0455013439
  
  
• IBAN: BE11 1931 2421 1248
  BIC (SWIFT): CREGBEBB
  Account holder: LA MALTERIE DU CHATEAU SA, RUE DE MONS 94, 7970 BELOEIL
  Company number: 0455013439
  
  

7.2. Payment Terms

Unless otherwise specified, payments shall be made in full, according to the terms of each Order and/or the Contract. No discount is granted by the Seller. In the case of deferred or term payments, the mere delivery of a bill of exchange does not constitute payment within the meaning of this article.

When specific payment terms have been agreed upon, they cannot be delayed under any pretext (such as missing information on an invoice…), even in the case of a dispute (e.g., alleged non-conformity of a product…), and the Buyer may not claim any compensation unless the legal conditions are met. If payment is not made within the agreed deadlines, the Seller may require prepayment for any future orders.

7.3. Late Payments

In the event of late payment, the Seller may suspend all current Orders without prejudice to any other recourse.

Any amount not paid by the due date on the invoice will result, for each day of delay, in the application of penalties equal to the legal interest rate in commercial transactions (12.5% for the second half of 2024, M.B. 30/07/2024) under the law of 02/08/2002 on the fight against late payment in commercial transactions, as amended by the laws of November 22, 2013 (M.B. 10/12/2013) and August 14, 2021 (M.B. 30/08/2021). These penalties accrue until full payment of the debt and will be due the day after the payment date indicated on the invoice without the need for a reminder, upon simple request from the Seller.

A fixed legal compensation of 40 euros for recovery costs will also be automatically due. However, if the recovery costs incurred exceed these 40 euros, the Buyer must reimburse the additional costs incurred in recovering the amounts due, including legal fees, upon presentation of supporting documents.

In the event of non-payment, fifteen (15) days after a formal notice remains unanswered, the sale will be automatically terminated if the Seller so chooses, who may request, through summary proceedings, the return of the products, without prejudice to any other damages. When payment is made in installments, the non-payment of a single installment will result in the immediate demand for the full amount of the debt without formal notice.

Article 8. FORCE MAJEURE

In the event of a force majeure situation as defined by Article 5.226 of the Civil Code, the Seller may, as of right and if deemed necessary, suspend or terminate ongoing orders without recourse from the Buyer. The Seller commits to informing the Buyer promptly by any written means and to justifying the force majeure event invoked.

Force majeure is considered to include any event that, despite not meeting all legal conditions, prevents performance or undermines the financial balance of the agreed commitments. This includes: total or partial strikes, internal or external to the Seller or its contractors (including suppliers), lockouts, severe weather conditions, epidemics, health crises, shortages or unavailability of raw materials or products sold by the Seller, increases in the cost of raw materials or products sold or transportation costs, failures by the Seller’s suppliers and service providers affecting the Seller’s ability to fulfill its obligations, transport or supply blockages for any reason, natural disasters, earthquakes, fires, storms, floods, extreme weather conditions, accidents affecting production and storage of the products, administrative decisions, riots, wars.

Article 9. IMPREVISION

In accordance with Article 5.74 of the Civil Code, the Seller wishes to renegotiate the elements of the agreed price and the defined capacity volumes with the Buyer in the event of an exceptional change in circumstances that was unforeseeable at the time of the Contract and/or Order, making its execution excessively costly, with the Seller not having agreed to bear the risk alone. The renegotiation will be conducted in good faith and will only concern delivery capacities and/or the agreed price of the products. The renegotiation process will not exceed four (4) weeks from the Seller’s notification of the event and its consequences to the Buyer; beyond this period, the Seller may request the competent commercial court president to adapt the terms in light of the context. The Seller and the Buyer will be the sole decision-makers regarding the possibility of terminating the Contract and/or the Order in its entirety; the provisions of Articles VI.91/3, VI.91/4, and VI.91/5 will remain applicable to such termination.

Article 10. RESERVATION OF TITLE

The Products remain the property of the Seller until full payment of the principal price, including costs and accessories. Any contrary clause is deemed null and void.

Until full payment and after delivery, the Products are under the Buyer’s custody, who must bear the risks they might suffer, regardless of the cause, even in the case of force majeure or due to a third party.

In the event of bankruptcy, judicial reorganization, transfer or continuation plan, or liquidation of the Buyer’s assets, the Seller has the right at any time to demand the return or to retrieve the Products that belong to it from the Buyer’s premises, provided the Buyer expressly authorizes this in advance in case of non-payment by the due date. The Buyer must then issue the corresponding credit note. If the Products have been resold, the Seller reserves the right to claim the sales price.

In all cases, received payments will be applied first to Products not found in kind.

The Buyer acknowledges having read the reservation of title clause and agrees to it without restriction or reservation.

Article 11. EVIDENCE AGREEMENT

The Buyer and the Seller expressly agree to this evidence agreement, in accordance with Articles 8.2 and 8.7 of the Civil Code applicable to their contractual relations. The following are opposable to both the Buyer and the Seller: (i) Documents and elements of any nature validated (clicked) on an online service of the Seller; (ii) Documents and elements of any nature signed digitally (e.g., signature on a tablet) or via electronic signature solutions and platforms. Only the tools provided to its clients and partners by the InVivo Group will be opposable; (iii) Documents and elements exchanged electronically and validly received, regardless of their form (emails, electronic messaging, SMS, electronic registered letters, etc.). Each party is responsible for informing its employees of the validity of these documents. Each party retains dematerialized documents as it sees fit. Neither party is responsible to the other for an obligation to retain these documents. The identification and connection data from the information systems of the InVivo Group or its service providers are valid between the parties.

Article 12. APPLICABLE LAW AND JURISDICTION

These General Terms and Conditions (GTC) and the Sales Contract are governed by Belgian law. The application of the 1980 Vienna Convention on the International Sale of Goods is explicitly excluded. In the event of a dispute that the parties cannot resolve amicably within ten (10) calendar days from the request made by the most diligent party, whether related to the interpretation or execution of these terms, or more generally, to the commercial relationship between the parties, and even in cases of urgency, exclusive jurisdiction is granted to the Commercial Court of the district where the Seller’s headquarters are located, whether or not there are multiple defendants or calls for guarantee.

Article 13. CUSTOMER SERVICE

Any correspondence or complaint should be addressed to the following contact details: LA MALTERIE DU CHATEAU S.A. – 94 Rue de Mons (Bel) – 7970 Beloeil, Belgium. Or via email at info@castlemalting.com, or through the official website of La Malterie du Château SA: www.castlemalting.com, under the CONTACT US tab.

Article 14. PERSONAL DATA

In the context of operating the Website, the Seller processes Personal Data. These processes are carried out in accordance with European Regulation 2016/679 of April 27, 2016 (known as the "GDPR") and national laws applicable to personal data processing and privacy protection. For more information on this matter, the Buyer can refer to the Seller's Privacy Statement as mentioned on the Website.

FOR INDIVIDUAL CUSTOMERS

Introduction

The site “www.castlemalting.com” (the Site) is owned by MALTERIE DU CHATEAU S.A., headquartered at 94 Rue de Mons (Belgium) – 7970, registered with the BCE under number 0455.013.439 (the Seller). The Seller’s products can be purchased through various sales channels; this section of the General Terms and Conditions (hereinafter the /GTC) applies only to purchases made by a consumer for personal (non-professional) use from the Site (the Buyer). The Seller reserves the right to modify these GTC at any time; the applicable conditions are those in effect at the time of the order placement by the Buyer as communicated to the Buyer beforehand. Any order made through this Site implies that the Buyer has read and fully accepted these GTC. This acceptance by the Buyer is evidenced when the Buyer checks the box "I accept the general terms and conditions of sale". These GTC complement the specific sales conditions displayed on the screen (product names, prices/tariffs, weights, etc.) and confirmed when placing the order. The Seller’s failure to invoke one or more provisions of the GTC or a right does not in any case constitute a waiver.

Article 1. OBJECT OF THE GTC

These GTC aim to define the rights and obligations of the Buyer and the Seller regarding the products sold on the Site (the Products) within a distance selling system. The contract established in the event of an effective order in this context is subject to distance selling regulations, as well as the specific provisions mentioned below.

Article 2. ORDERS

The purchase of Products by the Buyer is subject to the placement of orders (the “Order(s)”).

The Order will be, for the Seller, the only authorization for commitment related to the supply of the Products or services.

Orders are placed in accordance with the agreed terms. An Order is binding when confirmed or executed, even partially, by the Seller. Orders are valid within the limits of available stock and provided the Buyer is up-to-date with payments due to the Seller. The Seller may condition the validity of an Order on a minimum volume, which the Buyer acknowledges and accepts. In this regard, the Buyer is committed to ordering the mentioned minimum volume.

In the event of ordering a product that has become unavailable, the Buyer will be informed of this unavailability as soon as possible by email or mail. In case of unavailability exceeding fifteen (15) days, the Buyer may cancel the order by contacting Customer Service (contact details are provided in Article 12).

The benefit of the Order is personal to the Buyer and cannot be transferred without the Seller’s consent.

Article 3. RIGHT OF WITHDRAWAL
In accordance with Article VI.47 of the Code of Economic Law, the Buyer has a period of fourteen (14) days from the receipt of the products to exercise the right of withdrawal without having to justify the decision.
In accordance with Article VI.53 of the Code of Economic Law, the right of withdrawal cannot be exercised for orders of goods that have been unsealed after delivery and cannot be returned for reasons of hygiene or health protection.
This right of withdrawal is exercised without penalty, except for return costs which are the responsibility of the Buyer. To exercise the right of withdrawal, the Buyer must inform the Seller in writing within fourteen (14) days following receipt of the order, notably by using the withdrawal form provided with the order confirmation or available at the following address: LA MALTERIE DU CHATEAU S.A. – 94 Rue de Mons (Bel) – 7970 Beloeil, Belgium.
The Buyer must return the goods to the Seller at the address 1 rue de l'Orbette 7011 Mons (Ghlin), Belgium, or request the Seller to arrange the return, without undue delay and no later than fourteen (14) days following the communication of the decision to withdraw. The Buyer exercising the right of withdrawal under the conditions provided in this article will be refunded the price of the returned products and the standard delivery costs of the order, in accordance with Article VI.51 of the Code of Economic Law. The refund will be made using the payment method used for the initial transaction, unless the Buyer expressly agrees to another refund method.

Article 4. DELIVERIES

The order is prepared by the Seller and delivered by a carrier. A delivery time is indicated on the Site (Delivery Section). Unless otherwise stated in said section, the delivery time is six (6) business days from receipt of payment, and is confirmed before order confirmation and payment.

Exceeding this deadline due to force majeure as defined in Article 9 cannot result in any reduction of the price paid by the Buyer or any payment for damages. In cases of force majeure, the Buyer will be notified by Customer Service as soon as possible, and the parties will discuss the future of the order, with the Buyer having the right to cancel the order and obtain a refund. The availability terms stated in Article 2 “Orders” will then apply automatically.

All deliveries are made on pallets, so it is essential to have a level access. If it is necessary for the Buyer that the carrier has a tail lift and/or pallet truck, it is essential to indicate this at the time of order in the space provided for this purpose. The type of truck used for deliveries is either a 19-ton or 26-ton vehicle. The use of a smaller or different truck for specific delivery constraints (e.g., historic city center, narrow streets, etc.) will incur an additional cost, which will be subject to a specific quotation. The customer will be notified by Customer Service as soon as possible, and if they do not wish to pay the additional costs, they may cancel the order.

Article 5. STORAGE

The Seller ensures that the optimum conditions for storing and preserving its products are maintained. The Seller's liability cannot be engaged after delivery to the Buyer in the event of defects attributable to poor storage conditions. The Buyer is responsible, at their own expense, risk, and peril, for the safe custody and optimal preservation of the products, in conditions compatible with the perishable nature of the Products sold.

Article 6. COMPLAINTS AND LEGAL WARRANTY

6.1. Complaints

Complaints regarding the quality or non-conformity of the Products, excluding any transport disputes, must be made within twenty (20) days of receipt to Customer Service (Article 12). Beyond this twenty (20) day period, the Seller reserves the right to refuse the registration of the complaint made by the Buyer.

6.2. Legal Warranty

The Seller guarantees the products it sells in accordance with the law of September 1, 2004, relating to consumer protection in the sale of consumer goods (Articles 1649 bis to 1649 octies of the Civil Code).
The Buyer who notices the non-conformity of a product sold within two (2) years of delivery must notify the Seller within twenty (20) days of the discovery by registered letter addressed to the Seller's headquarters (Customer Service: Article 12). This warranty only covers defects in conformity existing at the time of delivery of the goods. Defects or damage caused by misuse, such as water damage, oxidation, falls or shocks, negligence, and wear, are not covered by the warranty.
The provisions of Articles 1641 and following of the Civil Code relating to hidden defects are fully applicable. The products sold are guaranteed against hidden defects for a period of one (1) year from their delivery or handover. The warranty can only be implemented if the following conditions are met: (1) the defect makes the product significantly unfit for its usual purpose or a special purpose expressly mentioned in the particular sale conditions and (2) the product is or has been used under normal conditions. To invoke the benefit of the warranty, the Buyer must notify their complaint regarding hidden defects by registered letter addressed to the Seller's headquarters (Customer Service: Article 12) within a maximum period of one (1) month after they have discovered or should have normally discovered the defects.
The delivery note serves as proof of the warranty and must be retained by the consumer and presented in its original form.

Article 7. PRICES

The prices of the Products are detailed in the current tariff at the time of the Order, as displayed on the Site. All prices are listed in euros (€) and are exclusive of taxes, to which VAT at the applicable rate on the day of the order will be added, along with transport, preparation, and packaging fees as displayed on the Site before order confirmation and payment. These prices are based on the costs of raw materials from the cereal sector, packaging, transport, production (labor, energy), and certain ancillary costs, considering the estimated purchase costs calculated on average over the validity period of the Tariff from the date it takes effect. They are set considering the existing economic environment on the date the CGV is sent by the Seller to the Buyer, in accordance with the legal provisions in force. If, due to a system error, there is a discrepancy between the displayed prices or final amounts, the Seller reserves the right to correct these errors after the Order has been validated. If such a situation occurs, the Seller will inform the Buyer and offer an appropriate solution.

Notwithstanding any contrary clause specified in the Order, the tariff of the Products is subject to revision at any time through a simple update, which the Buyer accepts.

Article 8. PAYMENT

8.1. Payment Methods

Payment can be made using the following methods:

- By credit card: Payment can be made online by credit card, via the SERVICES -> PAYMENTS tab. The credit cards accepted on the Site are: Mastercard, VISA, VISA Electron, Maestro, American Express (AMEX). An additional fee of 1% is applied for payments made with a credit card. To ensure payment security, the Site uses the secure payment service of our partner Ingenico. This service integrates the PCI DSS (Payment Card Industry Data Security Standard) Level 1, which is the highest standard set by the payment card industry to ensure that card data is processed, stored, or transmitted in a secure environment. Card data provided during your orders is used by the Seller solely for the purpose of completing the transaction. Confidential data (16-digit credit card number, expiration date, visual cryptogram) is encrypted and sent directly to our payment provider, and is never transmitted on our computer server.

- By bank transfer: Payment can also be made by bank transfer to the Seller's account, with the following banking details:


• IBAN: BE11 3700 9054 5648
  BIC (SWIFT): BBRUBEBB
  Account holder: LA MALTERIE DU CHATEAU SA, RUE DE MONS 94, 7970 BELOEIL
  Company number: 0455013439
  
  
• IBAN: BE11 1931 2421 1248
  BIC (SWIFT): CREGBEBB
  Account holder: LA MALTERIE DU CHATEAU SA, RUE DE MONS 94, 7970 BELOEIL
  Company number: 0455013439
  
  
8.2. Payment Deadlines

Unless otherwise specified, payments shall be made in full, according to the terms of each Order and/or the Contract. No discount is granted by the Seller. In the case of deferred or term payments, the mere delivery of a bill of exchange does not constitute payment within the meaning of this article.

When specific payment terms have been agreed upon, they cannot be delayed under any pretext (such as missing information on an invoice…), even in the case of a dispute (e.g., alleged non-conformity of a product…), and the Buyer may not claim any compensation unless the legal conditions are met. If payment is not made within the agreed deadlines, the Seller may require prepayment for any future orders.

8.3. Late Payments

In the event of late payment, the Seller may suspend all ongoing Orders, without prejudice to any other legal action.

If the Buyer fails to fulfill their payment obligations within the specified time and, after a fourteen (14) day grace period granted by a payment reminder issued by the Seller, they are liable for interest on the unpaid amount at the reference interest rate increased by 8 percentage points, rounded up to the nearest half percentage point (Art. 5 of the Law 02/08/2002) from the first day following the sending of the aforementioned payment reminder. Additionally, in this case, the Seller is also entitled to compensation equal to the maximum amounts provided by the Law of May 4, 2023, incorporating Book XIX “Consumer Debts” into the Code of Economic Law (20 EUR for each debt up to 150 EUR, 30 EUR for each debt between 150.01 EUR and 500 EUR, plus 10% of the amount owed on the tranche between 150.01 EUR and 500 EUR, and 65 EUR for each debt beyond 500 EUR, plus 5% of the amount owed on the tranche beyond 500 EUR, up to a maximum of 2,000 EUR).

In the event of non-payment, fourteen (14) days after a default notice remains unanswered, the sale will be terminated automatically at the Seller's discretion, who may seek, in summary proceedings, the return of the products, without prejudice to any other damages.

Article 9. FORCE MAJEURE

In the event of an occurrence classified as force majeure according to Article 5.226 of the Civil Code, the Seller may, as of right and if deemed necessary, suspend or terminate ongoing orders, without recourse from the Buyer. The Seller undertakes to inform the Buyer without delay by any written means and to justify the invoked force majeure event.

Events deemed as force majeure include, but are not limited to, strikes (total or partial), internal or external to the Seller or its contractors (including suppliers), lock-outs, adverse weather conditions, epidemics, health crises, shortages or unavailability of raw materials or Products marketed by the Seller, increases in the cost of raw materials or marketed Products or transport or service providers, failures by the Seller's suppliers and service providers affecting the Seller's performance of its obligations, blockages of transport or supply means for any reason, natural disasters, earthquakes, fires, storms, floods, extreme weather conditions, accidents affecting the production and storage of Products, administrative decisions, riots, and war.

Article 10. RESERVATION OF OWNERSHIP

The Products remain the property of the Seller until full payment of the principal amount, costs, and accessories. Any contrary clause is deemed null and void.

Until full payment and after delivery, the Products are under the custody of the Buyer, who must bear the risks they may suffer or cause, regardless of the reason, including in cases of force majeure or third-party actions.

In the event of bankruptcy, judicial recovery, transfer or continuation plan, or liquidation of the Buyer’s assets, the Seller is entitled to require the return of or to remove the Products from the Buyer’s premises at any time, provided that the Buyer expressly authorizes this in advance in the event of non-payment upon maturity. The Buyer must then issue the corresponding credit note. If the Products have been resold, the Seller reserves the right to claim the price.

In all cases, payments received will be applied preferentially to the Products that cannot be found in nature.

The Buyer acknowledges having read the reservation of ownership clause and agrees to comply with it without restriction or reservation.

Article 11. APPLICABLE LAW AND JURISDICTION

THESE GENERAL TERMS AND CONDITIONS AND THE SALES CONTRACT ARE SUBJECT TO BELGIAN LAW. THE APPLICATION OF THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS OF 1980 IS EXPRESSLY EXCLUDED.

IN CASE OF DISPUTE, WHICH THE PARTIES CANNOT RESOLVE amicably within TEN (10) CALENDAR DAYS from the notification by the most diligent party, whether related to the interpretation or execution of these terms, and even in urgent cases, EXCLUSIVE JURISDICTION IS GRANTED TO THE COURTS OF THE DISTRICT IN WHICH THE SELLER'S HEAD OFFICE IS LOCATED, WHETHER OR NOT THERE IS A MULTIPLE DEFENDANT OR WARRANTY CLAIM. THIS JURISDICTION ALSO APPLIES IN MATTERS OF SUMMARY PROCEEDINGS. NOTWITHSTANDING THE FOREGOING, IF THE SELLER IS BROUGHT BEFORE ANOTHER JURISDICTION, THE SELLER RESERVES THE RIGHT TO CALL THE BUYER BEFORE THAT JURISDICTION.

Article 12. CUSTOMER SERVICE

All correspondence or complaints should be addressed to: LA MALTERIE DU CHATEAU SA – 94 Rue de Mons (Bel) – 7970 Beloeil, Belgium.
Or via email: info@castlemalting.com, or through the official website of La Malterie du Château SA: www.castlemalting.com, under the CONTACT US tab.

Article 13. PERSONAL DATA

In the context of operating the Site, the Seller processes Personal Data.
These processes are carried out in accordance with the European Regulation 2016/679 of April 27, 2016 (known as "GDPR") and applicable national laws on the processing of personal data and the protection of privacy. For more information, the Buyer can refer to the Seller’s Privacy Statement as mentioned on the Site.



STANDARD CONDITIONS OF CASTLE MALTING

1. Generel
Disse betingelser gælder for alle salg. Kunder bliver ved afgivelser af enhver ordre, omfattet af disse standard betingelser, med mindre det er aftalt skriftlig, at ordren ikke er omfattet er nærværende betingelser. Castle Malting® forebeholder sig ret til, at kræve yderlig finansiel garanti. Hvis kunder ikke fremskaffer den fornødne garanti, forbeholder Castle Malting® til retten til at annullerer bestillingen. INCOTERMS (2000 edition) skal hvor det er relevant gælder for alle internationale køb.




2. Reklamation
Alle reklamationer foretaget af kunder, påvirker ikke kundens forpligtelser til at betale hele den fremsendte faktura. Hvis kunden modtager produkter med fejl, eller beskadiget, har Castle Malting® ret til at levere erstatningsvarer.




3. Priser og levering
Priser og leveringsperioder er aftaltt i kontrakten mellem kunden og Castle Malting.




4. Betaling
Fresendte fakturaer skal betales præcis, indenfor den i kontrakten aftale periode, mellem kunder og Castle Malting. Alle forfaldne fakturaer vil blive pålagt en rente på 1,5 rente pr. Måned, og bliver automatisk forhøjet med 15 % stigning min. 125 EUR. Castle Malting® forbeholder sig ligeledes retten til at annullerer fremtidige ordre, der ikke er i gangsat, og forlange forudbetaling for disse. Det er kunden pålagt at betale alle omkostninger i forbindelse med opkrævningen.




5. Ejendomsret
Ejendomsretten overgives ikke til kunden, før denne har betalt det fulde faktura beløb. Hvis der er indgivet en reklamation, og kontrakten er annulleret, Castle Malting® forbeholder sig rette til at opkræve kunden enhver værditab det kan være opstået på leveringen.




6. Opsigelse
Hvis kunden forsømmer at overholde sine forpligtelser, kan Castle Malting® sende en officiel meddelelse til kunden, og opsige aftalen med 10 dages varsel.




7. Force Majeure
Enhver hændelse som ligger udenfor Castle Maltings kontrol, og i særdeleshed, pludselige opståede fejl på fabrikken, problemer opstået i forbindelse med transport, brand, oversvømmelse, nedbrug på maskiner. Alle disse forhold vil bliver betragtet som force majeure. Hvis der er tale om en midlertidig forstyrrelse, kontrakten kan kun ophæves for den specifikke handling.




8. Uoverensstemmelse
Selvom kunden ikke har modtaget disse standard betingelser på eget sprog, der er disse stadigvæk gældende. I tilfælde af uenighed mellem parterne, og ikke andet udtrykkelig aer aftalt, er det op til retten i Verviers i Belgien af afgøre tvisten. Em hver tvst mellem parterne afgøres efter belgisk lov.




9. Erstatning
Enhver forsinkelse af betaling, bil blive pålagt 40 EUR, i tillæg for for som følge af forsinkelsen, i henhold til (artikel L.441-6 al 12 of Code of Commerce).