Terms and Conditions
ARTICLE 1 CALUWE ARTISAN SHOPS IDENTITY
The website, accessible via the address www.shop.cdchocolates.com, hereinafter referred to as the “Website”, operated by Caluwe Artisan Shop BV, with registered office at Herentalsebaan 516, 2160 Wommelgem, Belgium, registered at the Crossroads Bank for Enterprises under number 0819 028 705, hereinafter referred to as “Caluwe Artisan Shops”.
Telephone number: 0032 3 353 66 72
Email address: [email protected]
Bank account number: BE18 7310 1382 1865
ARTICLE 2 DEFINITIONS
- Buyer: any natural person who purchases or uses products or services marketed by Caluwe Artisan Shops, solely for non-professional purposes.
- Distance Contract: all contracts between Caluwe Artisan Shops and the Buyer regarding Chocolate Products or services concluded in the framework of a system organised by the supplier for the provision of distance sales or services whereby, for this contract, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract itself.
- Chocolate Products: all Chocolate Products offered for sale by Caluwe Artisan Shops on the Website.
- Website: the website of Caluwe Artisan Shops, accessible via www.shop.cdchocolates.com
- Means of distance communication: all means which can be used for the conclusion of a contract between Caluwe Artisan Shops and the Buyer, without the simultaneous physical presence of those parties.
ARTICLE 3 APPLICABILITY
- Unless expressly agreed otherwise in writing, these General Conditions apply to every offer made by Caluwe Artisan Shops and any Distance Contract concluded between Caluwe Artisan Shops and the Buyer.
- These General Terms and Conditions apply to every offer made by Caluwe Artisan Shops as a webshop owner to the Buyer, this being any natural person who purchases or uses products or services marketed by Caluwe Artisan Shops, solely for non-professional purposes.
- To place an order a person has to be at least 18 years of age. If a person is not yet 18 years of age, we will ask this person to ensure the order is placed by a parent or legal guardian. If we find that the order is placed by a minor, we reserve the right to refuse the order.
- If a Distance Contract is concluded electronically, the Buyer will be provided with a copy of the General Terms and Conditions together with the order confirmation or, at the latest, when the order is delivered to the Buyer. These documents will be provided in a format that can be saved or printed.
- In the event that, in addition to these General Terms and Conditions, specific terms and conditions for Chocolate Products or services are applicable and there are discrepancies between the Supplementary Terms and Conditions and the General Terms and Conditions, in principle the Supplementary Terms and Conditions will prevail over the General Terms and Conditions, unless otherwise specified.
- Derogation from one or more provisions in these General Terms and Conditions may only take place if this has been expressly agreed in writing. In such an event, the other provisions of these Terms and Conditions remain fully in force.
- Any General Terms and Conditions used by the Buyer will not be applicable, unless expressly agreed upon by Caluwe Artisan Shops.
- Caluwe Artisan Shops reserves the right to change the General Terms and Conditions at any time and/or to supplement these for future orders.
- By using the websites of Caluwe Artisan Shops and/or placing an order the Buyer accepts these General Terms and Conditions as well as any other rights and obligations, as stated on the Website.
- If one or more provisions of these General Terms and Conditions would be at any time in whole or in part unlawful, void or unenforceable for any other reason, this provision shall be deemed to be separate from these General Terms and Conditions and to not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the Buyer and Caluwe Artisan Shops with regard to this matter.
ARTICLE 4 OFFERS AND CONCLUSION OF CONTRACTS
- Offers are valid for as long as they are on the Website and as long as stocks last.
- If the offer is subject to certain conditions, this is explicitly stated in the offer.
- Caluwe Artisan Shops always describes the products on sale and the order process as complete and accurate as possible. The description is in any case sufficiently detailed to enable the Buyer to carry out a proper assessment. In the event that Caluwe Artisan Shops makes use of images for the Chocolate Products and/or services on offer, these will be reproduced as precisely and accurately as possible. However, to err is human and if Caluwe Artisan Shops has clearly made a mistake, it is not obliged to deliver. Images do not have any contractual value.
- An agreement is reached and is final the moment a confirmation of the order is handed to the Buyer or is sent per email to the email address of the Buyer, and as soon as Caluwe Artisan Shops has received the approval of the issuer of a credit or debit card for a payment transaction.
In the event that the issuer of the card refuses to agree to the payment, Caluwe Artisan Shops cannot be held responsible for any delay in the delivery and/or non-delivery of the order placed by the Buyer. Orders without a valid payment in the name of the registered card holder are not accepted or processed.
- Consumers buying Chocolate Products at Caluwe Artisan Shops are end consumers. The Chocolate Products may in no way be resold.
ARTICLE 5 ORDERS
- In order to purchase a Chocolate Product online the Chocolate Product must be added to the shopping basket, after which the contact and invoicing information of the Buyer must be entered. Subsequently the Buyer can select the method of delivery and the address: home address, specific delivery address, pick-up point (access point), etc. In the last step the Buyer will be shown an overview page where the General Terms and Conditions must be accepted and the payment is confirmed by pressing the order button with the caption "Order with payment obligation" or a corresponding wording. As soon as these steps have been completed, the purchase has become final.
ARTICLE 6 PRICES
- All prices are in Euros and are inclusive of VAT or any other tax imposed by the authorities.
The price will be invoiced in the currency in which the Buyer has placed his order.
- The Buyer is obliged to pay the amount agreed during the last step of the ordering process and which has been set out in the order confirmation sent by Caluwe Artisan Shops. Manifest errors in the calculation of the amount, such as obvious inaccuracies, may be corrected by Caluwe Artisan Shops after the conclusion of the contract.
- Delivery costs and return costs are clearly communicated to the Buyer. In respect of certain payment methods, supplementary terms and conditions may apply with regard to the delivery method and the possible costs. This will be clearly communicated to the Buyer.
ARTICLE 7 PAYMENT
- Orders via the Website can be paid in the following ways:
- KBC Button
- BELFIUS Direct Net
Caluwe Artisan Shops may expand these payment options in the future. Expansion of the payment methods will also be published via the Website.
- If payment by way of a credit card is selected, this payment is subject to the terms and conditions of the relevant card issuer. Caluwe Artisan Shops is not party to the relationship between the Buyer and the card issuer.
- In order to guarantee a secure payment and the security of the personal data of the Buyer, the transaction data is sent encrypted using SSL technology by way of the internet. In order to pay with SSL you do not need any special software. You can recognize a secure SSL connection by the small lock icon in the lower status bar of your browser.
ARTICLE 8 DELIVERY AND DELIVERY TIME
- All Chocolate Products are delivered to the address specified by the Buyer at the time of placing the order.
- Orders will be dealt with and delivered as quickly as possible. Caluwe Artisan Shops aims to deliver the order within the time shown in the individual order confirmation. Any delay will not give rise to compensation. Incorrectly completed delivery addresses are the responsibility of the Buyer and may give rise to additional costs which will be charged to the Buyer.
- Products will only be delivered to countries for which the website allows a delivery.
- If a Chocolate Product ordered by a Buyer is temporarily out of stock it will be indicated when the Chocolate Product will become available again. Caluwe Artisan Shops aims to inform the Buyer per email of any delay within 7 working days.
- In the event the products cannot be delivered on time, Caluwe Artisan Shops will inform the Buyer before the delivery date indicated. If Caluwe Artisan Shops does not do this, the Buyer may cancel the order without further charges. In that case Caluwe Artisan Shops will refund the amount no later than 30 days as from the cancellation date.
- Shipment always takes place at the risk of Caluwe Artisan Shops. The Buyer therefore does not need to worry about Chocolate Products being lost in the post. However, if any Chocolate Products are returned, the Buyer will be responsible for the shipment.
- As soon as the Chocolate Products to be delivered are delivered at the delivery address provided, the risk with regard to these products transfers to the Buyer.
- As from the time of receipt by the Buyer, the Chocolate Products must be stored at a temperature between 15 and 18C and protected from direct sunlight and humidity. We do not recommend storing chocolate in the refrigerator.
- At the time of the delivery of the Chocolate Product, the Buyer or any other person must be present at the address specified in order to take receipt of the shipment. When this is not the case, a second appointment will be made with the Buyer for the delivery of the Chocolate Product.
- Caluwe Artisan Shops is not liable for failed deliveries when:
- the Buyer provides an incorrect or obsolete address;
- there is nobody present at the address specified by the Buyer;
- the Buyer does not immediately (within 24 hours) provide a correct/new address.
- The total liability of Caluwe Artisan Shops when it fails to fulfil its obligations will in no case be higher than the purchase price of the Chocolate Product(s) concerned.
- In view of the nature of Chocolate Products postal box addresses are not acceptable.
ARTICLE 9 RIGHT OF WITHDRAWAL
- According to Book VI of the Code of Economic Law, the right of withdrawal does not apply to food products, perishable goods and Chocolate Products produced according to the specifications of the Buyer. Each purchase is therefore final and will not be taken back by Caluwe Artisan Shops.
ARTICLE 10 RETENTION OF TITLE
- The ownership of a Chocolate Product, notwithstanding the actual delivery, is transferred to the Buyer as from the moment the amount due for this Chocolate Product has been fully paid, including the payment of interest and costs.
- The Buyer may not transfer, encumber, sell, resell or otherwise burden the products before ownership of the products has been transferred.
ARTICLE 11 LIMITATION OF LIABILITY
- The Website is offered without express or implied warranties as to its correct operation. Caluwe Artisan Shops is not liable for any damage arising out of the correct or incorrect use of the Website, nor for damage caused as a result of incorrect, incomplete, ambiguous or dated content or mistakes on the Website.
- In any case, the liability of Caluwe Artisan Shops for any damage is always limited to the amount of the last order.
- Caluwe Artisan Shops will make every effort to grant access to the Website 24 hours a day and 7 days a week. Having regard to the technical nature of the internet and computer resources, and having regard to the need for periodic maintenance, updates or upgrades, Caluwe Artisan Shops can not guarantee continuous access to and service by the Website. In the case of acceptable interruptions of the access or faults, Caluwe Artisan Shops will make every effort to find a solution to the problem as quickly as possible. Such acceptable interruptions or faults are specific to sales via the internet. They cannot be considered as shortcomings and will not give rise to compensation.
- The Websites to which Caluwe Artisan Shops provides a link are not managed, hosted or maintained by Caluwe Artisan Shops. Caluwe Artisan Shops is therefore not liable for the content of such websites nor for the links present on these websites or changes and updates made to such websites.
ARTICLE 12 COMPLIANCE AND WARRANTY
- Caluwe Artisan Shops guarantees that its products comply with the order and with the normal expectations the Buyer may have, taking into account the specifications of the Chocolate Product. Caluwe Artisan Shops also guarantees that its Chocolate Products meet all legislation existing at the time of the order.
- The products sold by Caluwe Artisan Shops are fresh foods. Caluwe Artisan Shops is doing its utmost to ensure that a correct and safe delivery will take place, taking into account the freshness of its Chocolate Products, but cannot provide an absolute guarantee as to the quality of the transport. The Buyer is furthermore obliged to immediately store the Chocolate Products in the refrigerator, to guarantee the quality of the Chocolate Products.
- Caluwe Artisan Shops delivers the Chocolate Products by way of a dispatch in order to guarantee the quality of its Chocolate Products as much as possible. In the exceptional case that the quality of the delivery has been affected, the Buyer must immediately provide proof of such at the time of delivery. The Buyer is obliged to immediately and carefully inspect the Chocolate Products upon receipt. The Buyer must inform Caluwe Artisan Shops IMMEDIATELY, at the latest within 4 hours as from receipt, by telephone or by email, of any complaints related to visible defects in the Chocolate Product or the delivery (for example when the products are no longer fresh or were damaged during transport).
Defects due to the fact that the products were not immediately placed in the refrigerator cannot be recovered from Caluwe Artisan Shops.
ARTICLE 13 FORCE MAJEURE
- In the case of force majeure, Caluwe Artisan Shops is not bound to fulfil its obligations. In such a case it may either suspend its obligations for the duration of the force majeure or dissolve the contract.
- Force majeure is any circumstance beyond the will and control of Caluwe Artisan Shops which fully or partly prevents the fulfilment of its obligations. This is for example, but not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, malfunction, power failures, faults in a (telecommunication) network or connection or used communication systems and/or the unavailability of the website, late or non-delivery by suppliers or other third parties, etc.
ARTICLE 14 INTELLECTUAL PROPERTY
- The Buyer explicitly acknowledges that all intellectual property rights on any information, announcements or other messages relating to the products and/or the Website are vested in Caluwe Artisan Shops, its suppliers or other rightful claimants.
- Intellectual property rights include patents, copyright, trademarks, designs and model rights and/or other (intellectual property) rights, including (patentable) technical and/or commercial know-how, methods and concepts.
- The Buyer is forbidden to use and/or change the intellectual property rights described in this Article, such as by way of reproduction, without the express written permission of Caluwe Artisan Shops, its suppliers or other rightful claimants, unless it concerns purely private use of the Chocolate Product itself.
ARTICLE 15 COMPLAINTS PROCEDURE
- Caluwe Artisan Shops is doing everything possible to ensure its customers are 100% satisfied. In the event the Buyer still has a complaint about its services and/or products the Buyer can contact Caluwe Artisan Shops per email at [email protected] Artisan Shops.be. Caluwe Artisan Shops offers a sufficiently advertised complaints procedure and will deal with any complaints in accordance with this complaints procedure.
- An attempt is being made to deal with complaints within 7 working days.
- In the event of an out-of-court settlement of the dispute, the Consumer Ombudsman of the FPS Economy has jurisdiction to deal with applications for out-of-court settlement of consumer disputes. This department will in turn deal with the claim or send it to a qualified entity. You can contact the consumer ombudsman via this link: http://www.consumerombudsman.be/en.
In the event of a dispute of a cross-border nature you can also appeal to the Online Dispute Resolution platform of the European Union through this link: http://ec.europa.eu/odr.
ARTICLE 16 JURISDICTION AND COMPETENT COURTS
- All offers and contracts are governed exclusively by Belgian law.
- Any dispute related to or arising from offers from or contracts concluded with Caluwe Artisan Shops will be submitted to the competent courts and tribunals of Antwerp, unless a binding legal provision expressly designates another court as being competent.
ARTICLE 17 MISCELLANEOUS PROVISIONS
- For any additional information or comments with regard to these General Terms and Conditions you can contact Caluwe Artisan Shops at the following address: Caluwe Artisan Shops NV, Herentalsebaan 516, 2160 Wommelgem, Belgium or per email at: [email protected] or by phone: 0032 3 353 66 72