The present general terms and conditions of sale govern the relationship between, on the one hand, BISCUITERIE DESTREE SPRL, whose registered office is located at 26 ROUTE DE LA VOIE CUIVREE 5503, Sorinnes, Belgium, and whose BCE number is 0823 382 124, exercising under the name “E-Boutique de la BISCUITERIE DESTREE”, hereinafter referred to as “the Vendor”, and, on the other hand, the natural or legal person who makes a remote order (by means of an “online” order, via the www website. biscuiteriedestree.be ), in his own name or on behalf of third parties, both for professional and private purposes – hereinafter referred to as “the Customer”. Depending on the particular situation of the Customer (consumer or not), certain clauses of these general terms and conditions may not be applicable to him.
BISCUITERIE DESTREE SPRL offers the Customer the sale of products online under the name of “LA BISCUITERIE DESTREE SPRL’s E-Boutique”.
The Customer declares to have full legal capacity.
The products are described on the www.biscuiteriedestree.be website in good faith and as accurately as possible. The Customer always has the possibility of obtaining additional information on the products presented on simple request to the e-mail address email@example.com , by telephone on 00 32 (0) 495 22 59 16 . The presentation of the products is therefore not binding on the Vendor and does not constitute an offer within the meaning of civil law.
Photographs, diagrams, drawings or video films illustrating the products are not part of the contract. If errors have been introduced, the Vendor may not be held liable under any circumstances.
The products offered in the E-Boutique of BISCUITERIE DESTREE SPRL being foodstuffs, likely to deteriorate or expire quickly, the consumer does not have the right of withdrawal.
The products offered in the E-Boutique de la BISCUITERIE DESTREE SRPL are those appearing on the Site on the day of its consultation by the Customer and within the limit of available stocks.
The Customer can take note of the various products offered by the Vendor on his site www.biscuiteriedestree.be . The Customer may browse freely on the different pages of the site, without being committed to an order.
The products are presented by means of an information sheet (product name, composition, photo and price) drawn up with the maximum accuracy and precision to allow a most faithful and complete description. However, in view of the digital presentation of the products on the Internet, it is possible that the Customer’s perception of the photographic representation of the products may not correspond exactly to the product itself.
The Customer will then select the desired products and their quantity. The products will automatically be added to the Customer’s shopping cart.
The order taking of a product appearing on the site can be accompanied by the registration of a customer account, by clicking on “I wish to create my customer account in one click in order to be able to follow my order”. The Customer will have to fill in a form in this respect. In addition, the Customer will have to provide his or her e-mail address and a password of his or her choice, which will be personal and confidential and which he or she will need to identify himself or herself later on the site. The Customer accepts that the seizure of these two identifiers is proof of his identity and shows his consent to these general conditions of sale.
At any time, the Customer may obtain a summary of the products he or she has selected by clicking on “View basket”, correct any errors made in entering the order data, complete his or her selection of products and order the products by clicking on “Order”.
The Customer will be able to choose the payment method he or she wishes according to the terms set out in Article 6.
As soon as he clicks on “Buy”, the Customer definitively validates his order: the order is recorded and the sale is definitively concluded. The Customer can no longer correct any errors made in entering the order data.
The contract is deemed to be concluded upon confirmation by e-mail and implies unreserved acceptance of these general terms and conditions. The confirmation of the order includes the details of the order:
– Summary of the article(s).
– Total amount of the order.
– Total amount of delivery and charges.
– Customer’s contact details.
– Place and date of dispatch of the order (for information purposes),
– Information on payment terms.
– Contact details of the customer service department of BISCUITERIE DESTREE SPRL E-Boutique.
The order form will be recorded on the Seller’s computer registers, themselves kept on a reliable and durable support, and will be considered as proof of the contractual relations between the parties. It shall also be considered as proof of the availability and price of the items.
The automatic recording systems are considered as proof of the nature, content and date of the order. The sale will only be concluded as from the confirmation of the order sent to the Customer by e-mail.
The Seller shall not be bound by the Customer’s order until such written confirmation of acceptance to process the order has been sent to the Customer. The Seller reserves the right to subordinate the order to other conditions, to suspend or refuse it, in particular if the order proves to be incomplete, if the data communicated is manifestly erroneous, in the event of non-payment of previous orders, or for any other reason at the Seller’s discretion.
The information stated by the Customer, when taking an order, is binding on the Customer: in the event of an error in the wording of the Customer’s contact details, the Vendor shall not be held responsible for the impossibility in which it may be to make the delivery.
Orders are only final when they have been confirmed by the Customer’s payment of the order.
The prices of the different products are indicated in Euros (€), all taxes included. Prices are deemed net, excluding shipping costs. The Seller reserves the right to modify the prices at any time. However, the products will be invoiced in Euros on the basis of the rates in force at the time of order registration, subject to availability. Placing an order implies acceptance of the price indicated for the chosen product.
Shipping costs, if any, are specified separately when you place your order and must also be paid at the time of ordering.
In the order confirmation, the total amount is the final price, expressed inclusive of all taxes and charges.
5. 5. Customs duties
Any order placed on the site and delivered outside Belgium may be subject to possible taxes and customs duties that are imposed when the package reaches its destination.
These customs duties and possible taxes related to the delivery of an item are exclusively the responsibility of the Customer. The Seller is not required to check and inform the Customer of any applicable customs duties and taxes. To find out about them, the Seller advises the Customer to contact the competent authorities in its country.
6. Terms of payment
The BISCUITERIE DESTREE E-Boutique site is under Belgian law, and the items offered on the site are all shipped from Belgium. Invoices are established in Euro, subject to the Belgian Value Added Tax (VAT) which is 6% and transport costs subject to 21%.
Any order shipped to a country of the European Union outside Belgium is subject to the VAT of the country of shipment and according to the thresholds authorized by the European Union.
The Seller accepts the following payment terms: VISA, MASTERCARD, BANCONTACT. The Customer will receive confirmation of receipt of payment of the price by e-mail.
Whatever the method of payment chosen, the order will only be taken into account once it has been validated. As long as an order is not validated, it remains registered but is not taken into account. The validation of the order is issued once the debit authorisation has been sent by the payment verification and validation body. It is at this time that the Vendor will send a confirmation e-mail and the Customer will be debited.
The Vendor reserves the right to suspend all order processing in the event of refusal to authorise payment by bank card by the accredited organisations or in the event of non-payment. If necessary, the Vendor may consider the sale to be null and void.
The Vendor guarantees the total confidentiality of banking information, secured by the SSL protocol, which automatically checks the validity of access rights during payment by credit card and encrypts all exchanges in order to guarantee confidentiality.
7. Proof of the transaction
Generally speaking, the parties accept electronic means of proof in the context of their relations (e-mail…).
The parties agree that the data recorded by the Vendor constitutes proof of all transactions made on the site by the Customer. The data recorded by the payment system constitute proof of financial transactions.
The archiving of purchase orders and invoices is made on a reliable and durable support and will be produced as proof.
8. Methods of execution
Orders are processed from Monday to Friday, excluding public holidays. Packages are sent from Belgium, within 1 to 15 working days following payment of the order, except in cases of force majeure.
The Seller declines all responsibility for late delivery or non-delivery in the event of force majeure or an event beyond its control, which would make the execution of the agreement impossible or more expensive in whole or in part, or in the event of the fault of third parties, such as the suppliers of the parties hereto, subcontractors, agents and representatives, or in the event of failure by the Customer to respect its commitments.
War, riots, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure releasing the Seller from its obligation to deliver. The Seller will keep the Buyer informed in a timely manner of the cases or events listed above.
In any event, delivery of the products within the deadlines can only take place if the Customer is up to date with its obligations towards the Vendor. Moreover, the delivery times are indicated in good faith in the order or its summary and are only indicative. Deadlines are therefore not in themselves an essential condition of the contract and the Seller shall not be liable for any compensation or interest in the event of delay in the performance of its obligations.
The Customer may also change the fixed date, in accordance with the conditions set out in the confirmation e-mail, either on the website https://www.biscuiteriedestree.be/, or by contacting customer service at firstname.lastname@example.org, subject to the payment of any costs and changes in costs related to this change of date.
The Seller reserves the right to entrust certain services to third parties, employees or agents acting under its responsibility, within the limits permitted by the legal provisions and rules on approval and accreditation.
Products purchased on the www.biscuiteriedestree.be website are delivered to the delivery address indicated by the Customer. The Vendor may not be held liable for the consequences of any errors made by the Customer when taking an order.
The Vendor shall also not be held liable for the non-fulfilment of the contract concluded in the event of force majeure, disruptions, partial or total strikes, in particular of means of transport and transport services.
A detailed delivery note corresponding to the order, drawn up in the Customer’s name, will be attached to the order.
The return of the product is only accepted for quality reasons. If necessary, we ask you to send an e-mail to Customer Service at email@example.com with a request for photos of the product as well as the packaging. The return is only possible 7 working days after receipt of the package.
9. Absence of the right of withdrawal
The right of withdrawal is excluded for contracts concluded at a distance via the website https://www.biscuiteriedestree.be/, pursuant to Article VI.53 of the Law of 21 December 2013 and Article 47 § 4 6° of the Law of 6 April 2010 on market practices and consumer protection.
Offers are subject to product availability. In the event of unavailability after the order has been placed, the Vendor undertakes to inform the Customer by telephone or e-mail as soon as possible. The Customer may then request cancellation of the order. The Customer will, if necessary, be reimbursed by crediting his bank account within thirty days of cancellation at the latest.
11. Intellectual property
All the texts, comments, illustrations and images reproduced on our site are reserved under copyright and intellectual property rights. Any total or partial reproduction without the Vendor’s agreement is strictly forbidden. The order does not imply any transfer or concession of intellectual property rights unless expressly mentioned.
The products on offer comply with current Belgian and European legislation. The Vendor cannot be held responsible insofar as he will have carried out his services in accordance with the provisions of these regulations.
The Seller may only be held liable to the Customer for fraud or gross negligence on its part or on the part of its employees or agents.
The Seller shall not be liable for any consequential damages hereunder, business interruption, loss of profit, loss of opportunity, loss of production, loss of business, loss of customers, damage to reputation, damages or costs, this list not being exhaustive.
Any claim must be sent in writing, without delay by e-mail to firstname.lastname@example.org or by registered mail addressed to the Seller, whose address is mentioned in Article 1 of these general conditions. If it appears, within thirty days of receipt of the claim, that the Vendor has failed to meet its obligations, the Vendor will make a new delivery of the products that are the subject of the claim at its own expense.
13. Transfer of ownership
BISCUITERIE DESTREE SPRL’s E-Boutique retains full and entire ownership of the products sold until full payment of all sums due by the Customer within the framework of his order. The transfer of ownership of a good purchased by the Customer to a third party will not be taken in charge. Only the Customer of origin of this good can claim access to the clauses of the present general conditions of sale.
The personal information collected in the context of distance selling is mandatory, this information being necessary for the processing and delivery of orders as well as for the establishment of invoices. This information is strictly confidential. The lack of information implies the automatic rejection of the order.
The Seller undertakes not to disclose to third parties the information provided by its Customers. This information will only be used for internal management purposes, i.e. in order to manage orders, invoicing, service, solvency, marketing or personalised advertising… without this list being restrictive.
However, they may be communicated to organisations contractually linked to the Vendor for their own commercial prospecting.
However, visitors have the right to object, if they so wish, on request and free of charge, to the processing of their data for personalised marketing purposes.
The Vendor undertakes to respect the principles of the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. In this respect, the Customer who has ordered on the Vendor’s site may at any time request to consult, correct or delete the personal data that the Vendor has recorded about him by sending an e-mail to email@example.com or a letter to the address mentioned in Article 1 of these general terms and conditions.
15. Enforceability of the General Conditions
All orders from the Customer, as well as all deliveries made by the Seller, imply the Customer’s full and unreserved acceptance of these general terms and conditions of sale to the exclusion of all other documents, such as the Customer’s own general terms and conditions, or any prospectus, catalogue etc., which are only indicative.
The parties expressly agree that these general terms and conditions shall apply to their business relations, unless expressly agreed otherwise between them in writing. The express derogation from one of the general or special conditions does not imply any waiver of the application of the other general or special clauses.
The cancellation or inapplicability of one of the clauses of the general or special conditions does not affect all the other provisions of the general or special conditions, which remain valid and applicable.
The fact that the Customer has not received these general terms and conditions in his mother tongue does not in any way exempt him from their application.
Any order of a product offered on the site implies the consultation and express acceptance of these general terms and conditions of sale, without, however, this acceptance being conditioned by a handwritten signature on the part of the Customer.
The validation of the order form by the Vendor constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the completeness of the order and the due date of the sums due in execution of the said order.
The Vendor reserves the right to change its general terms and conditions without notifying the Customer personally and without the Customer being able to claim any compensation whatsoever. It is therefore up to the Customer to periodically check whether any changes have been made. It is specified that the Customer may save or print the present general terms and conditions of sale, provided, however, that they are not modified.
16. Applicable law – litigation
This contract is subject to Belgian law.
Any complaint must be registered beforehand by our customer service department at the e-mail firstname.lastname@example.org. The Customer will address himself in priority to the Vendor to obtain an amicable solution.
If the dispute persists, it will be settled under Belgian law, by the courts of the district of DINANT, which will, in principle, have sole jurisdiction, unless otherwise provided by mandatory legal provisions.