GENERAL TERMS – CONDITIONS OF SALE – PRIVACY POLICY

Latest update on 11/03/2024

General terms

Company details and definitions

Read here the general terms, rules, sales conditions and privacy policy (hereinafter: “Terms”) for any commercial relationship between:

WineGuru by Daniele Mammoli, Diestsesteenweg 468, 3010 Kessel-Lo, company number 1001.006.148 (hereinafter: “WineGuru”, “We”, “Us”, “Our”)

and any physical person or company (hereinafter: “You”, “Your”, “Participant”, “Participants”) who wants to attend WineGuru’s events meant in the broadest sense, such as tastings, workshops, food-wine pairing, courses, training etc (hereinafter: “Event”, “Service”, “Events”, “Services”).

Our website is: www.wineguru.be (hereinafter: “Website”).

Our social media are the pages that we have on social media channels like Instagram, Facebook, EventBrite etc (hereinafter: “Social Media”).

Our email address is: [email protected] (hereinafter: “Email”).

Our post address is: Diestsesteenweg 468, 3010 Kessel-Lo (hereinafter: “Address”).

Definitions

1.1 The official language of these Terms and of any exchange between WineGuru and You is English. You implicitly accept this by continuing to use Our Services. These Terms are the only valid legal basis for any relationship between You and WineGuru and You are responsible of any translation you may need to understand the content of these Terms.

De officiële taal van deze Voorwaarden en van elke uitwisseling tussen WineGuru en u is Engels. U accepteert dit impliciet door Onze Services te blijven gebruiken. Deze Voorwaarden vormen de enige geldige wettelijke basis voor elke relatie tussen U en WineGuru en U bent verantwoordelijk voor elke vertaling die u nodig heeft om de inhoud van deze Voorwaarden te begrijpen.

La langue officielle des présentes Conditions et de tout échange entre WineGuru et Vous est l’anglais. Vous l’acceptez implicitement en continuant à utiliser nos services. Ces Conditions constituent la seule base juridique valide pour toute relation entre Vous et WineGuru et Vous êtes responsable de toute traduction dont vous pourriez avoir besoin pour comprendre le contenu de ces Conditions.

1.2 Unless agreed differently in writing, these Terms apply to and are part of all offers, orders and sales contracts concluded between WineGuru and You, through this website, our Social Media or any other medium.

1.2 To attend an Event, every Participant needs a proof of payment which respect these Terms (hereinafter: “Ticket”).

1.3 WineGuru may amend these Terms at any time without any form of notice. All amendments will be published online, mentioning the date of their last update.

General rules of conduct – legal provisions – internal rules and prohibitions

2.1 Through purchasing Ticket(s) or participating to an Event, the Participant declares that (s)he:

• has knowledge of all the rules described in the most updated version of these Terms, accepts them and will honour them;
• agrees with the most updated version of these Terms;
• will honour the legal provisions with regard to attending the Event(s);
• accepts that access to any Event may be refused if, upon verification, (s)he is unable to produce any official identity document proving conformity with the Ticket. In such cases, under no circumstances can a refund be made nor is WineGuru liable for any compensation.

2.2 Smoking is not allowed indoor in any Event. A Participant must honour any request made by a member of WineGuru to stop smoking.

2.3 Unless expressly provided otherwise in writing, a Ticket does not need to be printed. Upon entry, each Ticket will be checked. Participants who do not have a Ticket will not be able to enter the Event. Only the Participant who first presents the Ticket will have access to the Event. Those holding a Ticket that has already been checked, will be refused access.

2.4 Any use of the WineGuru’s logo or trade marks or material is prohibited unless WineGuru’s prior written authorization has been obtained.

2.5 A Participant must always be polite and loyal to any WineGuru’s member and to other Participants. A Participant will refrain from any action, comment or gesture which could be considered aggressive or violent, either verbally or physically.

2.6 Reselling or distributing Tickets is prohibited, unless a Participant has obtained WineGuru’s prior authorization.

2.7 The Participant remains responsible for his / her Ticket(s). Lost or stolen Ticket(s) will not be refunded nor can any compensation be claimed.

Conditions of sale

3.1 Ordering

The start and end dates of sales is determined by WineGuru. You are solely responsible for reading the applicable sales conditions and guidelines before placing any order. The prices for attending an Event are fixed by WineGuru and displayed in either Our Website or Social Media. In order to attend an Event, a Participant must pay the entrance fees by purchasing a Ticket before the Event. WineGuru can set an overall maximum numbers of Tickets and limit the amount which can be purchased in a single registration / order. Several payment methods might be available (e.g., Mastercard, Visa, Maestro, bank transfer, cash etc.) and WineGuru will specify which one can be used for each order. After paying, the order will be completed and can be confirmed by email. It’s your responsibility to ensure that any Ticket(s) comply with your order. Any Ticket is only valid on the day(s) of the Event and specifically for the Event which is mentioned on it. All prices are in euros and include VAT. If you notice the errors have been made during the ordering process, please contact us at our Email, within the 24 hours after the purchase and always before the Event takes place.

3.2 Participant(s) cancelling an order

Subject to specific provisions, and only for Tickets of Events taking place in Belgium, you have the right to inform WineGuru (either at Our Email or by post at Our Address) that you renounce the Ticket(s) you have bought. As far as your purchase concerns several Tickets, you can only cancel the entire package and therefore the cancellation applies to all Tickets ordered. To be valid, a cancellation should be received at the latest this period of time before the Event starts: a) 14 days (336 hours) for courses; b) 7 days (168 hours) for any other Event (e.g., tastings, workshops). If an Event takes place in multiple dates (e.g., for courses), the first date is considered as the starting date of the whole Event. Any cancellation requested after the periods defined in this paragraph will be ignored by WineGuru and no refund will be issued to the Participant(s). In case of any cancellation, an administration cost of maximum 5% of the value of the complete order will be due to WineGuru. Only the person having made the order can cancel it. The refund of the amount of the Ticket(s) ordered, less the aforementioned administration cost, will be carried out within the 30-day period following the event date.

3.3 WineGuru postponing, cancelling or stopping an event

An Event is considered anticipated or postponed if, for whatever reason, it cannot take place on the originally scheduled date and is, at any time prior to the time of the Event, re-scheduled in another date. An Event is considered cancelled if, for whatever reason, it cannot take place on the originally scheduled date and is not anticipated or postponed to another date. An Event is considered stopped when it starts on the originally scheduled date and hour, but is interrupted for whatever reason. WineGuru may decide to anticipate, postpone, cancel or stop an Event at any time. In such cases, WineGuru will immediately inform all Participants who ordered or purchased Tickets for that Event. In case an Event is canceled by WineGuru, the entire paid amount will be refunded to all Participants. Any refund will be carried out by WineGuru within the 30-day period following the Event date. Under no circumstances can WineGuru be held liable for travel, hotels or any other expenses not directly linked to a Ticket sold by WineGuru. In case an Event is anticipated or postponed, all Participants will be provided the opportunity to attend the Event in other date(s) or, alternatively, to receive a refund. In case an Event is stopped, no refund will be provided to Participants, unless they can prove that the reason for stopping the Event is Our direct and sole responsibility (if so, a pro-rata refund will be given, which takes into consideration the residual time to the planned end of the Event).

3.4 Liability

1) The registered purchaser, transferor and every holder of a Ticket are jointly liable with the final holder of the Ticket for all damage the latter causes in the places hosting any WineGuru Events. Except for the cases of legal objective liability such as gross fault, WineGuru denies any civil responsibility in case of accident in WineGuru’s facility. 

2) WineGuru pays great attention to the information provided via its website, but cannot in any way guarantee its accuracy or completeness. The information which is provided or relates to its website is general, not referring to personal or specific circumstances, and can therefore not be considered as personal, professional or legal advice. WineGuru cannot be held liable for damage of any kind  which is the result of actions or decisions made on the basis of information and/or use of documents from or results by any means from the use of its website.

3) WineGuru does not guarantee the proper functioning of its website and cannot be held liable for any malfunctioning or temporary unavailability of its website or for any damage, direct or indirect, which result from access to or use of its website.

4) WineGuru cannot be held liable, directly or indirectly, in particular or other ways, for any damage resulting from the use of its website, in particular resulting from links or hyperlinks to other website, including – without limitation – for all losses, work interruption, damage to programs or other data on a computer network, system, devices or other possessions of the user.

5) The WineGuru website can contain hyperlinks to websites or pages of third parties or indirectly refer to them. Including links to such websites or pages cannot be considered to be an even implicit or tacid acceptance by WineGuru of its content. WineGuru has no control over the content or other specifications of such websites or pages and cannot be held liable for its contents or characteristics or for any other form of damage resulting from its use.

6) WineGuru will perform its obligations under the sales term with care and skill. It does not have any obligation of result, including regarding the organisation of the Event itself. WineGuru’s liability with regard to the sale of Tickets and the organisation of Events is, to the extent applicable and depending on the decision belonging solely to WineGuru and the total liability of WineGuru for the sale of Tickets and the organisation of Events is always limited to the amount of the price paid by the Participant to WineGuru for the Tickets and in any case limited to a maximum of €150 per claim.

7) WineGuru’s limitations on liability mentioned above are applicable both to all kinds of liability mentioned specifically in these Terms, as well as to all kinds of liability which are the result of the invalidity or unenforceability of another clause in these Terms.

8) Unless mandatory legislation provides for this, WineGuru is not liable for usual accidents or damage caused to any Participant during and as a result of participating in a WineGuru’s Event.

9) When using materials or consuming food and/or drinks, it is the responsibility of any Participant to inform themselves about the composition and/or ingredients to which they may be allergic. WineGuru is not liable for any adverse reactions of a Participant due to drinks and food served during WineGuru’s Events.

10) Alcohol is served, tasted and consumed during WineGuru’s Events. It is the individual responsibility of each Participant to ensure that (s)he is legally entitled to consume alcohol and that (s)he does not drink excessively. Under no circumstances can WineGuru be considered liable for any possible damage caused by excessive alcohol consumption of a Participant during an Event.

3.5 Guarantee and complaints

WineGuru will perform its obligations under these Terms with care and competence. We care greatly about the satisfaction of our Participants. Complaints regarding ordering and paying Tickets should be sent by registered letter to WineGuru, within 7 days of the fact or incident that is the subject of the complaint or dispute (under penalty of forfeiture of any right of compensation of this damage).

3.6 Force majeure

WineGuru cannot be held liable for any shortcoming or delay due to an external cause beyond WineGuru’s control, including – without being limited to, all cases of force majeure, third party actions (including, but not limited to, hackers, suppliers, public authorities), riots, civil unrest, war, hostilities, military operations, national disasters, acts or threats of terror, piracy, arrests, enforcement by a competent authority, strikes and/or, epidemics, fire, explosion, storm, flooding, draught, extreme weather, earthquakes, natural disasters, accidents, mechanical defects, third party software, issues with public infrastructure (including failures with electricity or telecommunication/internet) even when these could be foreseen.

3.7 General terms and privacy policy

The provisions of the WineGuru’s Terms and Privacy Policy (see below) are part of these Conditions of sale. By participating in any WineGuru’s Event the Participant implicitly agree to the Conditions of Sale, including these Terms and the Privacy Policy.

3.8 Applicable law and litigation

All actions and obligations to which these terms apply are subject to Belgian law. Any litigation regarding these Terms or any WineGuru services or access/use of the website must be brought before the Belgian courts which have exclusive jurisdiction.

3.9 Additional measures

A Participant agrees, by purchasing a Ticket and/or attending an Event, to any measures imposed by the Authorities or WineGuru, especially in case of a pandemic or any other circumstance where additional measures are deemed useful or necessary. Such measures will be listed and available on Our Website.

3.10 Final provisions

In case a clause in the Terms is invalid or cannot be enforced nor declared enforced, any other clause will remain valid and enforceable. Nothing in these Terms shall create or be deemed to create a partnership, agency or employer-employee relationship between You and WineGuru. No person who is not a party to these Terms and conditions shall thereby acquire any rights or be entitled to rely on any provision of these Terms and conditions, even if that person relies on such provision or has indicated to either party that it agrees to any provision of these Terms and conditions.

Privacy policy

This Privacy Policy governs the processing of your personal data by WineGuru whenever you:

• visit Our Website;
• communicate with us via Our Email, telephone, fax and Social Media;
• purchase Tickets for Our Events;
• interact with Us at any WineGuru’s or external event.

WineGuru complies with the “Act of 8 December 1992 on the protection of privacy with regard to the processing of personal data”, the anti-spam provisions of Book XII of the Code of Economic Law regarding the “law of the electronic economy” and the European Regulation 2016/679 of April 27, 2016 on the protection of personal data.

Through purchasing Ticket(s) or participating to our Event(s), a Participant implicitly accepts that (s)he may be photographed or filmed by cameras. Images from cameras may be used for safety purposes and used by the relevant authorities in case of an incident. Upon entering an Event, any Participant waives his/her portrait rights and expressly agrees to the processing of these images by WineGuru. Also, (s)he agrees with the publication of these images on the WineGuru’s Website and Social Media, provided that their faces have been anonymized.

4.1 Who is responsible?

When you use our services, WineGuru is responsible for the processing of your personal data. We have the right to modify, change or amend this Privacy Policy at our own discretion, at any time and without explicitly informing You. Such modifications, changes or amendments will be published in the Website and the latest modification date will be displayed. If you do not accept the modifications, changes or amendments, you have to inform us at Our Email. If we do not receive such a notification from You within two business days after the changes to the Privacy Policy have been announced on Our Website, you will be deemed to have unambiguously accepted all such changes. WineGuru is entitled to rely on a natural or legal person who processes Your personal data at the request or on behalf of WineGuru. In such cases, WineGuru is obliged to ensure the security and confidentiality of the data.

4.2. What sort of personal data do we process?

Whenever you use Our Website and Social Media, we collect and process:

• technical information associated with the device you use, such as your IP address, browser type, geographical location and operating system;
• information concerning your browsing behaviour, such as how long you visit, what links you click on, what pages you visit and how many times you visit a page.

When you fill out the contact form on our Website, or contact us via Email, telephone, fax or Social Media, we collect:

• personal identification data (e.g. name, e-mail address);
• electronic identification data (e.g. IP address, browser type);
• the content of your communication and the technical details of the communication itself (with whom you correspond at our end, date and time, etc.);
• publicly available information of your profile on Social Media Channels;
• any other personal data you choose to provide to us.

When you attend Our Events, we collect and process the following categories of personal data:

• personal identification data (e.g. name, e-mail address);
• images of You (with anonymized face);
• any personal data listed on your business card, should You choose to give us your card (e.g. your name, function, current employment, etc.).

4.3. Why do we process your personal data?

We process your personal data described under section 4.2 for the following reasons:

1. to inform You about our activities and news items we think may be of interest to you;
2. to provide You with the information you specifically request in your communication to us;
3. for general management of our members, contacts and memberships;
4. for statistical reasons;
5. to improve our Website, Social Media and overall communication;
6. for security reasons and misuse detection, prevention and reporting;
7. to comply with our legal obligations as well as with any valid request from police, judicial or governmental authorities.

4.4. What makes the processing of your personal data legitimate?

The data protection laws require us to precisely indicate to you which legal option we rely on to make the processing of your personal data legitimate. We need to clarify this for each of the purposes listed in section 4.3 above.

For purpose 4.3.1 and 4.3.2 we rely on your consent, which you may withdraw at any time by writing to [email protected]. Whenever you contact us via the contact form of this Website, e-mail or any other communication channel (including oral communication) or when You purchase a Ticket for our Events, we interpret your action as your explicit consent to process your personal data in order to be able to answer your request.

For the purposes 4.3.3 to 4.3.6 we process your personal data because it is necessary for purposes of our legitimate interests, which concern:

• to be able to manage our communications, contacts, members and memberships;
• gaining insights in how the Website and our Social Media are used;
• our commercial interests to improve and expand our business and services;
• our security and safety interests;
• being able to conclude corporate transactions.

For purpose 4.3.7 we need to process your personal data to comply with our legal obligations.

4.5. Recipients and transfers

Your personal data will be sent to the following categories of recipients:

• yourself;
• your contacts or business relations upon your request;
• governmental, judicial and other competent bodies.

Your personal data are transferred to the United States of America insofar you use our Social Media. We refer you to the privacy policies of the respective social media providers for more information about the transfer of your personal data and the safeguards used to protect your personal data abroad.

4.6. How long do we retain your personal data?

Your personal data are only processed for as long as needed to achieve the purposes listed in section 3. We will de-identify your personal data at the latest 1 year after they are no longer necessary for these purposes, unless there is:

• an overriding interest of WineGuru or any other third party in keeping your personal data identifiable;
• a legal or regulatory obligation or a judicial or administrative order that prevents us from de-identifying them. 

4.7. What rights do you have?

You have the right to request access to all personal data processed by us insofar it pertains to you. We reserve the right to refuse multiple requests for access that are clearly submitted for causing nuisance or harm to us or others. You have the right to ask that any personal data pertaining to you which are inaccurate, are corrected free of charge. If a request for correction is submitted, such request must be accompanied of proof of the flawed nature of the data for which correction is asked. You have the right to request that personal data pertaining to you will be deleted if they are no longer required in light of the purposes outlined above. However, you need to keep in mind that a request for deletion will be evaluated by us against:

• our own or a third party’s overriding interests;
• legal or regulatory obligations or administrative or judicial orders which may contradict such deletion.

Instead of deletion you can also ask that we limit the processing of your personal data if and when: (a) you contest the accuracy of that data, (b) the processing is illegitimate or (c) the data are no longer needed for the purposes which are outlined above, but you need them to defend yourself in judicial proceedings.

You have the right to oppose the processing of personal data for the purposes from 4.3.3. to 4.3.6, but you are required to explain your particular circumstances on which your request for opposition is based. When articles in section 4.4 apply, you have the right to receive from us in a structured, commonly used and machine-readable format all personal data you have provided to us.

Each request addressed to us can be send via e-mail to [email protected]

An e-mail requesting to exercise a right will not be construed as consent with the processing of your personal data beyond what is required for handling your request. Such request should clearly state and specify which right you wish to exercise and the reasons for it, if such is required. It should also be dated, signed and accompanied by a digitally scanned copy of your valid identity card proving your identity.

We will promptly inform you of having received this request. If the request proves valid, we will notify you as soon as reasonably possible and at the latest thirty days after having received the request.

If you have any complaint regarding the processing of your personal data by WineGuru, you may always contact us at [email protected]. If you remain unsatisfied with our response, you may file a complaint with the competent data protection authority, i.e. the Belgian data protection authority.