General terms and conditions
These general terms and conditions of sale govern the contractual relations within the framework of the online sale via the online shop by Chocoladehuis Boon bv, with registered office at Paardsdemerstraat 13, 3500 Hasselt, and registered in the commercial register of Belgian companies under number 0824 832 669, on the one hand, hereinafter referred to as "the Seller", and, on the other hand, the natural or legal person who, in his own name or on behalf of third parties and for professional or private purposes, places a distance order via the website www.chocoladehuisboon.be/shop, hereinafter referred to as "the Customer". Depending on the Customer's particular situation (being a consumer or not), certain provisions of these general terms and conditions may or may not apply to him.
Chocoladehuis Boon bv offers the Customer online products for sale under the name " WebshopBoon ", www.chocoladehuisboon.be/shop
The Customer declares full legal capacity.
FOREWORD
The products are described on the website www.chocoladehuisboon.be/shop in good faith and as accurately as possible. The Customer has the option at any time, upon simple request, to request additional information on the products offered via the e-mail address mieke@chocoladehuisboon.be, by telephone on 00 32 (0) 11 42 21 99. The offer of the products is not binding on the Seller and therefore does not constitute an offer in the civil law sense.
The images, diagrams, drawings or video films in which the products are shown fall outside the contractual framework of these general terms and conditions. Under no circumstances may the Vendor be held liable for any errors that these images, diagrams, drawings or video films may contain.
ORDER
Consumers do not have the right to abandon their purchase as the products on Chocoladehuis Boon's online shop are food products with a fragile condition and short shelf life.
The products offered through Chocoladehuis Boon's online shop are those appearing on the Website on the day the Customer consults it, this subject to available stocks.
The Customer may peruse the various products offered by the Vendor on its website www.chocoladehuisboon.be/shop. The Customer can freely navigate the various pages of the website without being obliged to place an order.
The products are presented in an information sheet (product name, composition, photo and price) which has been compiled as precisely and accurately as possible to keep the description as true and complete as possible. However, as the products are offered in digital form on the Internet, there is always a chance that the Customer's image of them based on the photos on our Website may differ slightly from reality.
The Customer can then select the desired products and their quantity. The products are automatically added to the Customer's shopping basket.
Before the Customer can order a product on the website, he must create a customer account. He can do this by clicking successively on "Login" and "Create an account". The Customer must then fill in a form. In addition, the Customer must enter his e-mail address and choose a personal and confidential password. The Customer will later have to use this password to identify himself on the website. The Customer accepts that this dual user identification constitutes proof of his identity and confirms his agreement to these terms and conditions of sale. When ordering as a "guest", the Customer must identify himself. The Customer hereby confirms his agreement to these terms and conditions of sale.
The Customer may at any time obtain an overview of the products selected by him by clicking on "My shopping cart", proceed with the selection of products by clicking on "Complete order", correct any data entered incorrectly during the order by clicking on "Return" (however, corrections are no longer possible once the Customer has clicked on "Confirm my order"), and complete the selection and ordering of products by clicking on "Complete my order".
Customers who have not yet identified themselves after clicking on "Confirm my order" must identify themselves using the e-mail address and password they created beforehand via the "Register" menu in order to order the selected products.
In accordance with the provisions of Article 6, the Customer may choose his preferred method of payment.
The Customer confirms his order as soon as he clicks on "Buy now": the order is registered and the sale is definitively closed. Any incorrect data entered during the order cannot be rectified by the Customer.
The agreement is deemed to be concluded once the Customer receives a confirmation e-mail and results in the Customer's unconditional acceptance of these general terms and conditions. The confirmation e-mail contains the following information:
Overview of the item(s) ordered.
Total order amount.
Total amount of the delivery and processing costs of the order.
Customer details.
Place and date the order will be shipped (for information).
Information on payment methods.
Customer service contact details of Chocoladehuis Boon online shop .
The order form is registered in the Vendor's IT register and is considered to be proof of the contractual relationship established between the two parties. The Vendor's IT register is kept on a reliable and durable medium and contains the only authentic information on the availability and prices of the items.
The information contained in the automatic registration systems constitutes proof of the nature, content and date of the order. The sale is not concluded until confirmation of the order is sent to the Customer by e-mail.
The Vendor is only bound by the Customer's order from the date on which this written confirmation of the order is sent. From that moment, the Vendor undertakes to process the order. The Vendor reserves the right to make the order subject to other conditions, to suspend it or to refuse it, in particular if the order is incomplete, if the data communicated contain manifest errors, if previous orders have not been paid or for any other reason which the Vendor may invoke.
The information provided by the Customer when placing his order is binding on the Customer: the Vendor cannot be held liable if he is unable to deliver the order due to incorrect contact details provided by the Customer.
Orders are only final once the Customer has made the agreed payment.
AVAILABILITY
If, after confirmation of an order, it should turn out that the products ordered are unavailable, the Customer will be notified by e-mail as soon as possible.
PRICES
The prices of the various products are expressed in euros (€) and include taxes and duties. The prices are considered net prices and do not include postage costs. The Vendor reserves the right to change prices at any time. However, the products shall be invoiced in euros on the basis of the prices in force at the time the order is registered, subject to the availability of the products ordered. Placing the order implies acceptance of the price indicated for the product chosen.
Any postage costs will be stated separately when you place your order and must also be paid at the time of ordering.
The order confirmation e-mail contains a total amount: this is the final price and includes all taxes, duties and charges.
CUSTOMS
Orders placed via the website and delivered outside Belgium may be subject to possible taxes and customs duties in the country of destination. Any such customs duties and taxes levied on the delivery of an item shall be borne entirely by the Customer and shall be the Customer's responsibility. The Vendor is not obliged to check whether customs duties and taxes are levied and does not have to inform the Customer. The Vendor advises the Customer to make his own enquiries with the competent authorities of his country.
PAYMENT METHODS
The Chocoladehuis Boon online shop website is subject to Belgian law and all products offered on the website are shipped from Belgium. Invoices are issued in euros and are subject to Belgian Value Added Tax (VAT), which is 6% for products and 21% for transport costs.
The Seller accepts the following payment methods: VISA, MASTERCARD, AMERICAN EXPRESS and PAYPAL. The Customer will receive an e-mail confirming receipt of payment of the price.
The order is only processed once it has been validated, regardless of the payment method chosen. Every order is registered but not processed until it has been validated. An order is validated as soon as the authorisation to debit the amount has been sent by the payment verification and control body. At that time, the Vendor will send a confirmation e-mail to the Customer and the amount will be debited from the Customer's account.
The Vendor reserves the right to suspend processing the order if the accredited organisms do not authorise payment by bank card or in case of non-payment. In this case, the Vendor may consider the sale to be cancelled.
The Vendor guarantees the complete confidentiality of bank data. These are secured by the SSL standard which automatically checks the validity of access rights during payment by bank card and encrypts all data exchanged in order to guarantee their confidentiality.
PROOF OF THE TRANSACTION
Generally, both parties accept electronic means of proof to prove the existence of their contractual relationship (e-mail, backup...).
The parties agree that the data recorded by the Vendor is proof of the transactions carried out by the Customer via the website. The data recorded by the payment system shall constitute proof of the financial transactions.
Order forms and invoices are archived on a reliable and durable medium and can be presented as evidence.
IMPLEMENTATION MODALITIES
Orders are processed from Monday to Friday, excluding public holidays. Orders are shipped from Belgium within 1 to 15 working days from the payment of the order, except in case of force majeure.
The Vendor cannot be held liable for late delivery and/or lack of delivery due to force majeure, or to events beyond its control that would make the performance of the contract wholly or partly impossible or significantly more expensive, or in case of late delivery and/or lack of delivery by third parties, such as suppliers, subcontractors, agents and representatives, or if the Customer fails to fulfil its obligations.
The following situations are considered force majeure and relieve the Seller of its obligation to deliver: war, epidemic, riot, fire, strikes, accidents and the inability of the Seller to be supplied. The Seller must notify the Buyer in due time when any of the aforementioned situations occur.
In any case, the timely delivery of the products can only take place if the Customer is aware of his obligations towards the Seller. Moreover, the deadlines are stated on the order or its summary purely for information and in good faith. Consequently, the deadlines as such do not constitute an essential condition of the contract and the Vendor cannot be obliged to pay compensation of any kind or default interest if it is late in performing its obligations.
The Customer may also change the set date if he fulfils the conditions set out in the confirmation e-mail. He can change this date via the website www.chocoladehuisboon.be/shop or by contacting Customer Services at the address mieke@chocoladehuisboon.be. The additional costs and/or changes in charges resulting from this date change shall be borne by the Customer.
The Seller reserves the right to entrust the performance of certain services to third parties, appointees or agents working under its responsibility, subject, however, to the legal provisions and regulations on recognition and accreditation.
Products purchased through the www.chocoladehuisboon.be/shop website are delivered to the address communicated by the Customer. The Vendor cannot be held liable for the consequences of any errors made by the Customer while placing the order.
Nor can the Seller be held liable for the non-performance of the contract in case of force majeure, disturbances of public order, partial or total strikes of public transport and transport services, among others.
A detailed invoice will be prepared for the order in the Customer's name and attached to the order.
Returns of the products will only be accepted for quality reasons. In this case, we ask you to send an e-mail to customer service at the address mieke@chocoladehuisboon.be. Photos of the product and packaging should be attached to this e-mail. Returns are only possible for 7 working days after receipt of the order.
ABSENCE OF THE RIGHT OF WITHDRAWAL
In accordance with Article VI.53 of the law of 21 December 2013 on market practices and consumer protection, the right of withdrawal is excluded for contracts concluded remotely via the website www.chocoladehuisboon.be/shop.
AVAILABILITY
Products are offered subject to availability. If certain products prove to be unavailable after an order has been placed, the Vendor shall inform the Customer as soon as possible by telephone or e-mail. In this case, the Customer may ask to cancel his order. Within thirty days after the cancellation, the Customer shall receive the amount paid by him into his bank account.
INTELLECTUAL PROPERTY
All texts, comments, illustrations and images on our website are subject to copyright and intellectual property rights. The total or partial reproduction of these without the consent of the Vendor is strictly prohibited. Unless expressly stated, the order does not imply any transfer or concession of intellectual rights.
LIABILITY
The products offered comply with current Belgian and European legislation. The Vendor cannot be held liable if it has performed in accordance with the provisions of this legislation.
The Vendor can only be held liable by the Customer for its own fraud or for the gross negligence of itself or its appointees or agents.
The Seller shall not be held liable for any indirect damages that may arise from the foregoing, loss of exploitation, loss of profits, loss of opportunity, loss of production, loss of business, loss of customers, damage to reputation, damages or expenses that may arise. This enumeration is not exhaustive.
All complaints must be sent immediately and in writing by e-mail to mieke@chocoladehuisboon.be.be or by registered mail to the Vendor, whose address is given in Article 1 of these general terms and conditions. If, within thirty days following the receipt of the complaint, it would appear that the Vendor has not or not fully complied with its obligations, it shall make a new delivery of the products that are the subject of the complaint, at its own expense.
TRANSFER OF PROPERTY
The online shop of Chocoladehuis Boon retains full ownership of the products sold until the amounts due by the Customer in connection with his order have been collected in full. The transfer of ownership of a good purchased by the Customer to a third person falls outside the scope of these terms and conditions. Only the original Customer may, where applicable, invoke the provisions of these general terms and conditions of sale.
PROTECTION OF PRIVACY
The transmission of name data requested in the context of distance selling is mandatory as this information is necessary for the processing and delivery of orders, as well as for the preparation of invoices. These data are strictly confidential. In the absence of this information, the order is automatically rejected.
The Vendor undertakes not to disclose to third parties the information communicated by its Customers. This information will be used exclusively for internal purposes, i.e. to manage orders, invoicing, services, solvency, marketing or personal publicity. This enumeration is not exhaustive.
However, this information may be disclosed to organisms having contractual links with the Seller for commercial prospecting purposes.
If they so wish, visitors to the website can request, on request and free of charge, that their personal data not be treated for personalised marketing purposes.
The Vendor undertakes to comply with the principles of the Belgian law of 8 December 1992 on the protection of privacy in the processing of personal data. Customers who have ordered products on the Vendor's website may at any time request to consult, correct or delete the personal data registered by the Vendor. They may do so by sending an e-mail to mieke@chocoladehuisboon.be or by sending a letter to the address mentioned in Article 1 of these general terms and conditions.
UNENFORCEABILITY OF THESE GENERAL TERMS AND CONDITIONS
All orders placed by the Customer and deliveries made by the Vendor imply full and unconditional compliance by the Customer with these general terms and conditions of sale, and this to the exclusion of all other documents, such as the Customer's own general terms and conditions, prospectuses, catalogues, etc. The latter only have an indicative value.
The parties expressly agree that these general terms and conditions apply to their commercial relationship. Exceptions are allowed only if expressly agreed between the two parties. The explicit exception to one of the general or special terms and conditions does not imply a waiver of the application of the other general or special terms and conditions.
The annulment or inapplicability of any of the provisions of the general or special conditions shall not affect the other general or special conditions. The latter shall remain fully valid and applicable in that case.
The fact that the Customer has not received the present general terms and conditions in his mother tongue does not exempt him in any way from their application.
The order of a product offered on the website implies the consultation and explicit acceptance of these general terms and conditions of sale. Moreover, this acceptance does not require the Customer's written signature.
The validation of the order form by the Vendor constitutes an electronic signature which, as between the parties, has the same value as a written signature and constitutes proof of the integral order and the claimability of the sums due in connection with the execution of the aforementioned order.
The Vendor reserves the right to modify its general terms and conditions without personally notifying the Customer and without the latter being able to claim any compensation. The Customer must therefore check the general terms and conditions from time to time to see whether they have been amended. The Customer may save or print these general terms and conditions of sale provided that he does not amend them.
APPLICABLE LAW - DISPUTE
This agreement is subject to Belgian law. The courts of the consumer's place of residence have jurisdiction in the event of legal disputes. If the Customer is not a consumer, only the courts of Hasselt have jurisdiction.
Any complaints must be registered in advance by our customer service department at the e-mail address mieke@chocoladehuisboon.be The Customer should initially turn to the Vendor to obtain an amicable solution to the dispute.
If no satisfactory solution is found, the Customer can always turn to one of the following recognised alternative and out-of-court dispute resolution bodies: (1) the Consumer Ombudsman Service (http://www.consumentenombudsdienst.be) or (2) the European Union's Online Dispute Resolution platform (ODR) (http://ec.europa.eu/odr/).