• 1 Subscription
Subscribing to the crowdfunding project can only be done after declaration of having read this information bundle and having accepted all the conditions stipulated within. This information document can be found on the Brouwerij Ruimtegist website: ruimtegist.be. General information concerning crowd funding can be found on the Flanders Innovation & Entrepreneurship website:
All entries and payments are done through our website ruimtegist.be. Subscriptions will be opened from 01/02/2019 to 01/01/2020. Each entry is linked to one beneficiary. The beneficiary does not necessarily have to be the subscriber. Our packages can also be purchased as a gift. Beneficiaries can only be adult and natural persons.
During the subscription the personal information of the beneficiary natural person is to be communicated; name, address, email address and date of birth. The beneficiary will receive confirmation of payment within the month to acknowledge the subscription. As a member the beneficiary will receive a personal certificate from the brewery. This serves as evidence of the beneficiary. The lifelong entitlement to receive beer is strictly personal and commences once the official opening has taken place and when sufficient stock has been built. This entitlement expires when the beneficiary passes away.
Beercredits which are not timely collected, come to expire.
If – for any reason – the project of the brewery is discontinued, the brewery is able to cancel the crowdfunding project. If so, every subscriber will be paid back and the whole project will expire.
The Brouwerij Ruimtegist bvba can however decide to alter the subscription period, or to refuse any subscriber without motivation.
This information bundle was not presented to the Financial Services and Markets Authority (FSMA), due to the crowdfunding project not being subject to the Law of 16 June 2006 concerning the public offer of investment instruments and the permission of investment instruments trade in the regulated markets.
The crowdfunding project of Brouwerij Ruimtegist bvba is a type of reward-based crowdfunding in which subscribers are not entitled to any form of financial return or profit sharing. Nor can subscribers trade their consumer rights for money or other effects. Therefore one cannot speak of investment instruments described under the prospect law. Subscribers in fact make a purchase of an advantage package. The subscription fees mentioned include VAT.
Subscriptions are subject to the general conditions regarding the purchase of products, which can be read on the webpage www.ruimtegist.be. Further on in this bundle an explanation is given regarding the mutual rights and obligations.
The Brouwerij Ruimtegist bvba is not responsible for any inaccuracies or imperfections contained in this bundle.
Furthermore it is to be noted that there is a possible risk of the brewery not being capable to fulfil its commitments (due to amendments of the law, discontinuity of the activity, etc.).
• 2 Official opening / opening party
When the brewery is fully operational and sufficient stock has been built, the brewery will host an exclusive opening party. All subscribers known to this date will be invited. This invitation is strictly personal (not transferable) and applies to one person.
• 3 Beercredit
Due to their lifelong beer entitlement, the beneficiaries build up a “beercredit” as time goes on. This beercredit is strictly personal and must be picked up at the locations and times described under the crowdfunding regulations.
Beercredits which are not picked up in time will come to expire.
• 4 Pick up
The beneficiary must personally be present for the pickup of the beercredit and identify him or herself through a valid identity card. At the moment of pick up, the beneficiary will be required to sign upon receipt. At the moment of pick up, the beneficiary accepts the product and confirms that there are no visual flaws to the product.
The beercredit expires irrevocable in case the beer is not picked up within the period stipulated in the regulations.
The brewery is owed no compensation of any kind to the subscribers who fail to pick up their beercredit at the stipulated locations and times. The brewery is owed no compensation of any kind to the subscribers who fail to pick up their beercredit at the stipulated locations and times. At pick up of beercredit at the brewery: once a year* 12 bottles 33cl of a beer at choice – in stock at the given time – to be picked up on a day of choice, holding in account the official opening hours as visible on ruimtegist.be.
The pick up takes place at the brewery in Kortrijk during the normal opening hours of the brewery which will be mentioned on the website ruimtegist.be. The brewery can, at any given time, unilaterally decide to move the pick up spot to another location. In the occurrence of this event, the subscribers will be notified via the website and by email.
• 5 Passing away of the beneficiary
In case the beneficiary passes away, the non-picked up beercredit comes to expire. In the occurrence of this event, the successors of a beneficiary will announce the passing away to the brewery. A beneficiary can, at no point in time, transfer his or her rights to another person. The beercredit remains strictly personal.
• 6 Commitments of Brouwerij Ruimtegist bvba
The Brouwerij Ruimtegist bvba commits itself to taking all the necessary measures to fulfil this lifelong engagement in the long term. In case the Brouwerij Ruimtegist bvba is, at any given time in the future, unable through circumstances beyond her own will to continue to fulfil its lifelong beer commitments (due to amendments of the law, discontinuity of the activity, etc.), the brewery will strive to find a fitting compensation in kind. In no case shall the subscribers have the right to make a claim or to demand financial compensation.
If the Brouwerij Ruimtegist bvba is to move or externally acquired, the commitment towards the beneficiaries will be taken over by the successor. The current management of Brouwerij Ruimtegist bvba cannot be held accountable if any future acquirers (successors) fail to live up to their commitments.
In case Brouwerij Ruimtegist bvba is, at any given time in the future, unable through circumstances beyond her own will to continue to fulfil its commitments, the beneficiaries have no claim on any (financial) compensation.
• 7 Privacy
The personal information of the beneficiary is preserved in the database of which Brouwerij Ruimtegist bvba is both owner and processor. This takes place in concordance with the Law of 8 December 1992 in protection of the private life. The beneficiaries have the right to access, correct or delete this information free of charge.
• 8 Choice of place of residence
All notifications and announcements which would be required to execute the regulations will be done through email via the email address made known during the subscription process. The beneficiaries are responsible to notify in timely fashion any possible changes of their place of residence.
• 9 Disputes
The general conditions as specified on the website www.ruimtegist.be are equally applicable to the subscription of the crowdfunding project. In case of disputes the court of Kortrijk will be authorised.
POSSIBLE LIMITATIONS AND RISKS
The crowdfunding project is firstly destined to help finance the brewery. This has the following consequences: In case the planned construction of the brewery is cancelled, the Brouwerij Ruimtegist bvba has the right to integrally cancel the crowdfunding project. If this be the case, already completed subscriptions will be integrally repaid.
Brouwerij Ruimtegist bvba furthermore has the right to alter the subscription period of the crowdfunding project or to refuse subscriptions, without any kind of motivation. Brouwerij Ruimtegist bvba commits itself to the lifelong delivery of beer to its beneficiaries. This commitment does not cease to exist as long as the brewery or its successors continue to produce beer. Due to the commitment being on the very long term, the management wishes to clearly emphasise some of the risks and consequences of the crowdfunding project to potential subscribers:
• 1 The personal character
Given the fact that the beercredits are strictly personal and non-transferable, subscribers are to be aware that:
• The rights expire in case the beneficiary passes away.
• The beercredit expires if not picked up on time.
• The beercredit must be personally picked up by the beneficiary.
• 2 Business risk
Brouwerij Ruimtegist bvba is a private enterprise. The subscribers have to be aware of the fact that Brouwerij Ruimtegist bvba is – similar to other enterprises – exposed to the risks specific to entrepreneurship. Nobody can guarantee that Brouwerij Ruimtegist bvba will remain financially healthy in the coming decades. The commitments made by Brouwerij Ruimtegist bvba towards its subscribers to the crowdfunding project are not backed up by any guarantee, pledge or certainty. If the brewery were to go bankrupt, the subscribers lose their rights.
• 3 Alcohol
Beer is a product which contains alcohol. Excessive alcohol use will severely damage health.
• 4 Discontinuation of the brewery activities
Brouwerij Ruimtegist bvba has no intention to discontinue its activities, neither on the short term nor on the long term. In case the brewery activities were to be discontinued at any point in the future, the brewery is no longer able to continue delivering beer on a lifelong basis to the beneficiaries. In case the Brouwerij Ruimtegist bvba is, at any given time in the future, unable through circumstances beyond her own will to continue to fulfil its lifelong beer commitments (due to amendments of the law, discontinuity of the activity, etc.), the brewery will strive to find a fitting compensation in kind. If this be the case, the management will decide about this matter fully autonomously. In no case shall the subscribers have the right to make a claim or to demand financial compensation.
• 5 Successors
A handover of shares of Brouwerij Ruimtegist bvba and/or a handover of the trade fund to a third party is currently not on the agenda. In the (distant) future such a handover of the brewery to a third party cannot be excluded. In case of a handover of the brewery, the commitments made to subscribers of the crowdfunding project will be transferred and taken over by the third party. No waterproof guarantees can however be given concerning this subject. The current management of Brouwerij Ruimtegist bvba cannot be held accountable if any future acquirers (successors) fail to live up to their commitments.
• 6 Amendments of the law
In case Brouwerij Ruimtegist bvba is, at any given time in the future, unable through circumstances beyond her own will to continue to fulfil its commitments the beneficiaries have no right to (financial) compensation.
INFORMATION REGARDING THE VENTURE
She is fully independent. All information regarding the enterprise can be found in the Crossroads Bank for Enterprises. The annual accounts of the venture are consultable and can be found on the website of the National Bank www.nbb.be. Brouwerij Ruimtegist bvba is a young enterprise which actively dedicates itself, since its founding, to the development and sales of artisanal beers. Brouwerij Ruimtegist bvba has the address Budastraat 12 bus 1b, 8500 Kortrijk.