Terms & Conditions

TERMS AND CONDITIONS

These terms and conditions apply to all offers, orders and agreements via the webshop of:

Shinshu-Sake BV
Registered office: Fruithoflaan 35 C1, 2600 Berchem, Belgium
VAT number: BE1039.108.243
Website: www.shinshu-sake.com
E-mail: kanpai@shinshu-sake.com
Hereinafter referred to as “Shinshu-Sake”, “the Seller” or “the Company”.

Article 1 – Scope
These Terms and Conditions apply to all offers, quotations, orders, online orders, website sales, invoices, deliveries, services, tastings, events, courses, advisory assignments and agreements of Shinshu-Sake BV. They apply to the sale and delivery of sake, shochu, awamori, Japanese whisky, Japanese beverages, accessories, ceramics, glassware, food-related products and all related services.

Article 2 – Acceptance of these terms — no signature required
These Terms and Conditions are intended for use on the website, in invoices, quotations, order confirmations and commercial communication. No handwritten signature is required for these terms to apply.

By visiting or using the website, placing an order, accepting a quotation, receiving an order confirmation or invoice, paying an invoice, accepting a delivery, collecting goods, attending a tasting or using the services of Shinshu-Sake, the customer acknowledges and accepts these Terms and Conditions.

If the customer disagrees with an invoice or with these terms, the customer must dispute this in writing, stating reasons, within 8 calendar days after receipt of the invoice. If no written objection is submitted within that period, the invoice and the applicable Terms and Conditions are deemed accepted, without prejudice to mandatory law.

Article 3 – Registered office and delivery address
The registered office of Shinshu-Sake BV is Fruithoflaan 35 C1, 2600 Berchem, Belgium. The delivery address, warehouse address, pick-up location, event address or operational address may differ from the registered office and may be changed by Shinshu-Sake at any time. Any such change does not affect the validity of these Terms and Conditions, invoices, orders or agreements.

Article 4 – Offers, prices and product availability
All offers, price lists, product sheets, website prices and quotations are non-binding unless expressly confirmed in writing. Prices, availability, vintages, batches, labels, bottle sizes, packaging and product specifications may change due to stock availability, brewery allocation, import conditions, exchange rates, transport costs, excise duties, taxes or other external factors.

Shinshu-Sake reserves the right to correct obvious errors, stock errors, typing errors, translation errors, technical website errors or price errors at any time.

Article 5 – Orders
An order becomes binding only after acceptance or confirmation by Shinshu-Sake, or after an invoice or order confirmation has been sent. Shinshu-Sake may refuse, suspend or cancel an order if products are unavailable, if earlier invoices remain unpaid, if there are doubts about legal compliance, age verification, alcohol legislation, deliverability or payment security, or if the order cannot reasonably be fulfilled.

For alcoholic products, the customer confirms that he or she is legally entitled to buy, receive, resell or serve alcoholic beverages in accordance with the applicable law.

Article 6 – Prices, VAT, excise duties and taxes
Prices on the webshop are expressed in euros and include VAT for consumers. For business customers, prices may be stated excluding VAT. Shipping costs are shown separately before checkout. For intra-EU B2B sales, reverse charge or intra-community rules may apply, only if the customer provides a valid VAT number and all legal conditions are met.

Any increase in taxes, excise duties, import costs, transport costs, government charges or supplier prices after confirmation of the order may be passed on to the customer, without prejudice to mandatory consumer law.

Article 7 – Payment terms
Unless agreed otherwise in writing, all invoices are payable within 14 calendar days of the invoice date. For first orders, special orders, imports, reservations, private allocations, large orders, custom orders, tastings, events or courses, Shinshu-Sake may require full or partial prepayment. Orders placed via the webshop are paid online at checkout.

Payment must be made to the bank account number stated on the invoice. Bank charges, exchange rate costs and payment costs are borne by the customer.

Article 8 – Late payment
If an invoice remains unpaid on the due date, the customer is automatically in default without prior notice of default. In case of late payment: statutory commercial interest is due from the due date until full payment; a fixed compensation of 10% of the outstanding invoice amount is charged if the invoice remains unpaid more than one month after the due date, with a minimum of EUR 75 per invoice; all judicial and extrajudicial collection costs, legal fees, bailiff fees and administrative costs are borne by the customer; Shinshu-Sake may suspend all ongoing deliveries, orders, tastings, events, courses or services until full payment has been received; and all other outstanding invoices become immediately due.

This compensation does not affect the right of Shinshu-Sake to claim higher damages if the actual loss is greater.

Article 9 – Retention of title
All goods remain the exclusive property of Shinshu-Sake until the customer has paid all amounts due in full, including VAT, interest, costs and fees. Until full payment has been received, the customer may not pledge, transfer, dispose of or encumber the goods without the written consent of Shinshu-Sake, unless this is part of the customer’s normal business activities and Shinshu-Sake has not objected.

If payment is not made on time, Shinshu-Sake has the right to reclaim the goods, without prejudice to its right to claim payment, costs, interest and damages.

Article 10 – Delivery and transfer of risk
Delivery dates and times are indicative unless expressly agreed otherwise in writing. Delays in delivery do not entitle the customer to cancel the order, refuse payment or claim damages, unless mandatory law requires otherwise.

Delivery may take place at the registered office, a warehouse, a pick-up location, an event location, a restaurant, a customer address or any other address agreed or used by Shinshu-Sake. The delivery address may differ from the registered office and may change depending on stock location, logistics, events or operational needs.

The risk of loss, breakage, theft or damage passes to the customer at the time of delivery, collection, handover to the carrier or successful delivery confirmation, whichever occurs first. For consumers, the risk passes at the time of delivery, in accordance with mandatory law.

Article 11 – Transport and shipping
Shipping costs are €8.50 per order. Orders of €150 or more are delivered free of charge. We deliver in Belgium, the Netherlands, France and Germany. The delivery time is 2 to 3 working days after the order. Shinshu-Sake may choose the carrier or logistics partner. Alcoholic products must be delivered to an adult (18+).

For other forms of transport, such as pallet shipping, refrigerated transport or special shipping, transport, insurance and packaging costs may be charged separately. If the customer requests a specific carrier or arranges transport themselves, all risks pass to the customer at the moment the goods are handed over to that carrier.

For temperature-sensitive products, including nama sake, unpasteurised sake or products that require cold storage, Shinshu-Sake is not liable for loss of quality caused by incorrect storage, warm delivery conditions or improper use after collection or delivery.

Article 12 – Inspection on delivery
The customer must inspect the goods immediately upon delivery or collection. Visible damage, missing goods, wrong products or broken bottles must be reported in writing within 24 hours of delivery via kanpai@shinshu-sake.com, with clear photos of the product, the complete packaging, the shipping label and the order number.

If goods are accepted without a report within this period, they are deemed to have been delivered complete, correct and in good condition, unless the customer proves otherwise in accordance with mandatory law.

Article 13 – Broken bottles and damaged goods
Broken bottles, damaged packaging or leaking goods are eligible for replacement, credit note or refund if the damage was reported in accordance with Article 12 and accepted by Shinshu-Sake. Damage that occurred after delivery due to handling, transport or storage by the customer or a third party will not be compensated.

Article 14 – Returns and refunds
The customer may return unopened bottles within 14 days of delivery. The goods must be unopened, undamaged, complete, correctly stored and in their original packaging. To start a return, the customer sends an e-mail to kanpai@shinshu-sake.com with the order number. The return shipping costs are borne by the customer. Shinshu-Sake refunds the purchase price within 14 days after receipt of the goods.

The following cannot be returned: opened bottles; temperature-sensitive products that must be stored cold, such as nama sake and unpasteurised sake; products ordered especially for the customer and limited allocations; and event tickets, tastings, courses or private sessions.

These provisions do not affect the statutory rights of consumers.

Article 15 – Storage and product quality
The customer is responsible for correct storage after delivery. Sake and Japanese beverages must be stored according to the product type and instructions. Nama sake, unpasteurised sake and other sensitive products must be stored cold. Shinshu-Sake is not liable for changes in taste, aroma, colour, carbonation, freshness or quality caused by incorrect storage, exposure to heat, sunlight, transport, freezing, oxidation, delayed consumption or improper use.

Natural sediment, slight colour variation, label variation, vintage variation, batch variation or brewery-specific evolution of the product are not considered defects.

Article 16 – Events, tastings and education
For tastings, masterclasses, advice, training, private events and educational activities, cancellation or rescheduling by the customer must be communicated in writing. Unless agreed otherwise, cancellations less than 14 days before the event may be charged at 50%, and cancellations less than 7 days before the event at 100%. Purchased products, opened bottles, booked staff, transport, venue and third-party costs are always due in full.

Shinshu-Sake may cancel or reschedule an event due to force majeure, illness, transport problems, supplier issues, government measures or other circumstances beyond its reasonable control.

Article 17 – Liability
Shinshu-Sake is only liable for direct damage caused by proven intent or gross negligence. Shinshu-Sake is not liable for indirect or consequential damage, including loss of profit, loss of turnover, loss of customers, reputational damage, business interruption, missed opportunities, spoilage, temperature damage or damage caused by third parties.

In all cases, the liability of Shinshu-Sake is limited to the invoice amount of the relevant order or service, excluding VAT, transport costs, duties and taxes. This does not affect mandatory consumer law.

Article 18 – Force majeure
Shinshu-Sake is not liable for delay, non-performance or partial performance caused by circumstances beyond its reasonable control, including transport delays, customs delays, import restrictions, brewery shortages, strikes, accidents, illness, weather conditions, natural disasters, war, government measures, pandemics, IT failures, supplier problems, logistical problems or force majeure affecting breweries, carriers or suppliers.

In such cases, Shinshu-Sake may suspend, postpone, partially deliver or cancel the order without being liable for damages.

Article 19 – Intellectual property
All texts, product descriptions, tasting notes, pairing suggestions, photos, educational material, presentations, event concepts, brand material, designs, labels, documents and commercial material created or provided by Shinshu-Sake remain the intellectual property of Shinshu-Sake. They may not be copied, published, modified, distributed, used commercially or shared with third parties without prior written permission.

Article 20 – Age and compliance with alcohol legislation
By purchasing alcoholic products, the customer confirms that he or she complies with all applicable legal requirements regarding the purchase, resale, service, promotion and consumption of alcoholic beverages. The customer is solely responsible for ensuring that alcoholic products are not sold, served or provided to minors or to persons who are not legally permitted to buy or consume alcohol.

Shinshu-Sake may refuse delivery if there is doubt about legal age, identity, licence, resale rights or compliance with alcohol legislation.

Article 21 – Data and privacy
Shinshu-Sake processes customer data for order processing, invoicing, delivery, accounting, customer service, legal compliance and commercial communication where permitted by law. Customer data is not sold to third parties.

Article 22 – Complaints
Complaints about damaged, missing or wrong products must be submitted in writing within 24 hours of delivery or collection via kanpai@shinshu-sake.com. A complaint does not suspend the customer’s payment obligation. If a complaint is accepted by Shinshu-Sake, Shinshu-Sake may choose between replacement, credit note, repair, partial or full refund or another reasonable solution. This does not affect the statutory rights of consumers.

Article 23 – Severability
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions remain fully valid. The invalid provision will be replaced by a valid provision that comes as close as possible to the original economic and legal intention.

Article 24 – Applicable law and competent courts
These Terms and Conditions and all agreements, invoices, deliveries, sales and services of Shinshu-Sake are governed exclusively by Belgian law.

Any dispute relating to these Terms and Conditions, invoices, deliveries, goods, services, orders, website sales or agreements falls under the exclusive jurisdiction of the competent courts of Antwerp, Belgium, unless mandatory law provides otherwise.