Terms & Conditions
In order to subscribe to the crowdfunding project, you have to state that you have read this information brochure and that you accept all conditions contained in it. The information brochure can be found on the Brouwerij Eylenbosch website: www.eylenbosch.beer
All subscriptions and payments are performed through the website www.eylenbosch.beer/crowdfunding. Subscriptions are opened beginning on October 24, 2019 and run to May 31, 2020. Every subscription must be to the benefit of one beneficiary, who need not necessarily be the subscriber in person. A package may be purchased as a present. Only natural persons of legal age can be accepted as beneficiaries.
When subscribing, the personal data of the beneficiary, i.e. name, address, e-mail address and date of birth must be supplied. Within two months after payment is effected and the brewery has accepted the person as a beneficiary, they will be sent the personal certificate as a member, which constitutes the beneficiary’s title. The entitlements linked to packages are strictly personal and will lapse at the decease of the beneficiary .
Entitlements for beer not collected in time, will lapse.
If for any reason, the Brewery Eylenbosch project cannot be pursued, the Brewery may cancel the crowdfunding project. In that case, all subscribers will be reimbursed and the entire project will be terminated.
Brewery Eylenbosch may however decide to adapt the subscription period or to reject subscribers without having to justify such decision.
The present information brochure has not been submitted to the (Belgian) Financial Services and Markets Authority (FSMA), as the proposed crowdfunding project falls outside the scope of the June 16, 2006 Law on the public offering of investment instruments and the admission of investment instruments to trade on a regulated market.
The Brewery Eylenbosch’ crowdfunding project takes the form of a reward-based crowd funding, where subscribers are not entitled to any kind of financial return or profit sharing. Nor may subscribers trade their rights or dispose of them for money or securities. There are no investment instruments that are covered by prospectus legislation. In fact, subscribers purchase a package of benefits. The amounts underwritten also include VAT.
Subscriptions are subject to the general terms for the purchase of products as stated on the www.eylenbosch.beer website. The mutual rights and obligations are set out later in this brochure.
Brewery Eylenbosch is not responsible for any errors or omissions in this brochure.
Furthermore, attention is drawn to the risk that the Brewery may in future be unable to honour its commitments (because of changes in legislation, cessation of activities, etc.)
- Content of packages
Subscription is possible to 5 different packages.
These are all described in detail on the www.eylenbosch.beer/crowdfunding website. At the time the crowdfunding project is launched, on October 24, 2019, the packages consist of a number of the following:
• Name of the beneficiary attached for life on a vat (oak vessel of 5,000 to 6,000 litres) or on a barrel (oak cask of 200 to 250 litres) • Name of the beneficiary for life on Eylenbosch’ Wall of Fame (List on oak panel) • Numbered Eylenbosch crate of beer, with the name of the beneficiary if a ‘founder’ • For 20 or 3 years each month 1 bottle of Old Gueuze (37.5 cc) and 1 bottle of Old Kriek (37.5 cc) from Eylenbosch • 1 ‘Patience’ glass for Eylenbosch, engraved with beneficiary’s name • Wax sealed charter ‘Member of the Eylenbosch Guild’ • 24/12/8/4 bottles of Patience for Eylenbosch – Saison (33 cc) • 12/6/2/1 Eylenbosch Patience glass(es) • 36/24/12 bottles of Patience for Eylenbosch (33 cc) – various other types in 2020 – 2021 • 12/6 bottles of Old Kriek Eylenbosch (37.5 cc) • 12/6/2/1 Eylenbosch Old Kriek glass(es) • 12/6 bottles of Old Gueuze Eylenbosch (37.5 cc) • 12/6/2/1 Eylenbosch Old Gueuze glass(es) • Invitation and/or free beer at all Eylenbosch launch events • Eylenbosch T-shirt • Eylenbosch hoodie • Eylenbosch beer apron • Eylenbosch deck of cards
Brewery Eylenbosch reserves the right to modify the number and content of the packages.
- Beer account and recording of name on vat, barrel and wall of fame
Through their 20 or 3 years’ entitlement to Eylenbosch Old Kriek or Gueuze beer, or their entitlement to beer of every new launch of Patience, beneficiaries build up a ‘beer account’ over time. This beer account is strictly individual and the relevant beer must be collected at the times and locations stipulated in the rules (except in case of shipment under the conditions set out below).
Account beer not collected in time, will lapse.
The mention of the name of a beneficiary founder or partner on the vat, barrel or wall of fame is for life. The Brewery may at its discretion withdraw the mention of a founder’s or partner’s name if this person or their behaviour no longer corresponds to the vision and values of Brewery Eylenbosch.
- Collecting beer
Beneficiaries have to attend in person to collect the account beer, and have to prove their identity by means of a valid identity card. The beneficiary must sign for goods received and accept the product, confirming that it shows no visible deficiencies.
The beer account lapses irrevocably if the beer is not collected within the time frame set out in the rules. The Brewery owes no compensation whatsoever to beneficiaries who do not collect their beer account at the times and places stipulated.
The following schedule applies;
When collecting beer account at brewery:
- Twice yearly for Founders and Partners in the case of 20 or 3 years’ supply of Old Gueuze or Kriek
- Once a year at the launch of Old Gueuze or Kriek (12/6 bottles of 37.5 cc) and of each new type of Patience (12/8/4 bottles of 33 cc, as chosen, in Patience beer of a type in stock at that moment)
- Deposit to be paid on the spot
- Possible on any day at your convenience, taking into account official opening times and messages of closure/non-availability, as displayed on www.eylenbosch.beer.
If a beneficiary wants the package shipped, this will be done by postal package, with expenses paid by the beneficiary:
- Twice yearly for Founders and Partners in the case of 20 or 3 years’ supply of Old Gueuze or Kriek
- Once a year at the launch of Old Gueuze or Kriek (24/12/6 bottles of 37.5 cc) and of each new variety of Patience (12/8/4 bottles of 33 cc, as chosen, in Patience beer of a variety in stock at that moment)
- Deposit and shipment expenses, including all taxes, to be paid in advance of shipment. The beneficiary will be informed of the amount to be paid at the moment of his request for shipment of the package.
The brewery may at all times decide to move the collecting site to a different location. Subscribers will in such case be advised through the website and by e-mail.
The brewery offers beneficiaries who are unable to collect their beer package on the spot, the possibility to have it delivered by a courier service or postal service at the address of their choice. This possibility is optional and is not included in the price of the package. A beneficiary who wants to make use of this possibility, has to apply for it to the brewery in the year of collecting, and must support the cost
An application form has been created for this purpose on our website. All costs (transport, shipping, any taxes including import and consumer taxes) must be borne by the applicant. Delivery of the beer package can take place only after payment of the costs by means of a credit card bearing the name of the beneficiary.
The brewery reserves the right to cancel the possibility to have beer accounts delivered by courier service/postal service (e.g. in case legal of regulatory restrictions would make this difficult or impossible).
- Entitlements/beer accounts linked to packages are strictly personal
A beneficiary may not at any time transfer his entitlements to another person, and all entitlements lapse upon death.
Beer accounts must be collected by the beneficiary and are for personal, non-commercial use.
- Commitments of Brewery Eylenbosch
Brewery Eylenbosch undertakes to take all measures necessary to keep honouring their long-term commitment (at most 20 years vis-à-vis Founders). In case Brewery Eylenbosch at any given moment in future, due to circumstances beyond its control, is unable to honour its commitments (e.g. as a result of changes in legislation, cessation of brewery activities or other), it will endeavour to provide appropriate compensation in kind. In no case will subscribers be entitled to damages or financial compensation.
Should Brewery Eylenbosch move its location or be taken over, the commitment vis-à-vis beneficiaries will be taken on by the legal successor. The present company management cannot be held accountable in case any future successors fail to honour said commitments.
Brewery Eylenbosch reserves its rights in case of any legislative changes in future, notably to pass on to beneficiaries any additional costs, such as taxes, levied on delivery of beer as a result of changes in relevant legislation.
The personal data of beneficiaries are recorded in the files that are kept and processed by Brewery Eylenbosch, in accordance with the July 30, 2018 Law on the protection of natural persons in relation to the processing of personal data, implementing the European General Data Protection Regulation (GDPR). Beneficiaries are i.a. entitled to access to and free rectification or deletion of these data.
- Choice of domicile
All communication and information necessary to the application of these rules will be by e-mail to the e-mail address supplied at the time of subscription. Beneficiaries are responsible for the timely communication of any changes of addresses to Brewery Eylenbosch.
The general terms listed on the website www.eylenbosch.beer also apply to subscription to the crowdfunding project. Any litigation will be dealt with by the Brussels tribunal.
INFORMATION ON THE COMPANY
Brewery Eylenbosch is a trade name of Bra-Horam NV, recorded with enterprise number BE444.512.891 in the Brussels Register of Legal Persons. Brewery Eylenbosch is a new activity of Bra-Horam NV, which resumed brewing Eylenbosch beers in 2018.