- GENERAL TERMS AND CONDITIONS - Definitions and scope of application These general terms and conditions constitute the agreement binding the parties, namely Boulangerie-Pâtisserie J- P. BAEKE SPRL, situated Rue de Lantin 165 in 4432 ALLEUR, registered with the CBE under number BE0426664101, hereinafter the “seller” on the one hand, and the customer, on the other hand. The “Customer” is any individual or legal entity who or which orders products from the seller. The “Consumer” is an individual customer acting for purposes that do not fall within the scope of his commercial, industrial, artisanal or self-employed activity. These general terms and conditions can be accessed at any time on the seller’s website. As such, by placing an order with the seller, the customer confirms his acceptance of these general terms and conditions. The seller reserves the right to amend these general terms and conditions at any time without giving prior notice. These amendments shall apply to all orders for products placed subsequently. Prices The price of the products is indicated in euros and includes all taxes. Any delivery costs are not included in the price indicated and are calculated separately during the order process, depending on the delivery method and location and the number of products ordered. Order To place an order, the customer fills his basket on the seller’s website, provides his contact details, billing and delivery address and pays for the order. After receiving confirmation of payment of the order from the bank, the customer will receive an order summary, reiterating in particular the order number, products ordered and their prices, these general terms and conditions or a link to said terms and conditions, as well as an indication of the likely delivery deadline. The seller reserves the right to suspend or refuse the order, in particular in the event that the data communicated by the customer proves to be clearly incorrect or incomplete. The seller remains the owner of the product ordered until the full payment thereof. Right of withdrawal The consumer who orders products from the seller has a period of 14 calendar days as from the date of delivery of the products or notification of their availability at the chosen pick-up point, to notify the seller that he wishes to withdraw from the purchase, without penalties and without stating the reasons. The consumer can notify the seller of his desire to withdraw from the purchase by means of the withdrawal form available on the seller’s website or communicated with the purchase order. When this deadline expires on a Saturday, Sunday or bank holiday, it is extended to the next working day. The consumer shall return the product(s) he has withdrawn from purchasing in perfect condition, in its/their original packaging. Only the direct return costs shall be exclusively borne by the consumer. The seller shall reimburse the amount paid as soon as possible and at the latest within 14 days as from the reshipping thereof. The consumer who opens or uses a product before expiry of the withdrawal period is deemed to have waived exercising his right of withdrawal with respect to this product. The consumer will be unable to exercise the right of withdrawal in the case of one of exceptions set forth in Article 53 of Book VI of the Code of Economic Law. Delivery The deadlines indicated by the seller are provided for information purposes only and are not binding on the seller. A delay in delivery or completion of the order cannot therefore, under any circumstances, give rise to any kind of indemnity, damages, cancellation of the agreement or suspension of the customer’s obligations. The order is only delivered to the customer or completed after full payment thereof. The transfer of ownership and risks takes place when the order is paid in full. The customer is consequently informed of the fact that he alone bears the risks related to delivery. Availability The products proposed for sale by the seller are available while stocks last. In the case of unavailability of one or more products after payment of the order, the seller undertakes to inform the customer at the earliest opportunity and give him the choice between reimbursement, modification of the order or a delayed delivery once the stock shortage of the product(s) concerned has come to an end.
Receipt of the order and claims
The customer is required to verify the apparent good condition of the products delivered to him or collected from the chosen pick-up point and their compliance with the products ordered. Any claims shall be made in writing, within 5 dags as from delivery of the order or notification of the availability of said order at the chosen pick-up point. Otherwise, they cannot be taken into account and the customer shall be deemed to have definitively accepted the order.
If a claim proves to be founded, the seller will have the choice to either replace or reimburse the concerned products.
Legal warranty for all customers
In accordance with Articles 1641 to 1643 of the Civil Code, the seller is required to guarantee the products against hidden defects which make said products unsuitable for their intended use, or which decrease said use thereof to such an extent that the purchaser would not have purchased them or would have paid a lower price if he had been aware thereof.
In the event that a hidden defect is observed, the customer shall act rapidly, in accordance with Article 1648 of the Civil Code, and have the choice between returning the product with a hidden defect and obtaining full reimbursement thereof, or keeping it and obtaining partial reimbursement.
The seller is not required to guarantee the products against hidden defects which the customer could or should have been aware of at the time of the purchase.
Likewise, the seller is only required to guarantee the products against the hidden defects of which he was aware at the time of the sale and of which he refrained from informing the customer.
Only the invoice, receipt or voucher constitute warranty certificates for the purchaser vis-à-vis the seller. These documents must be kept by the customer and the originals presented.
Complementary legal warranty for customers having the capacity of consumers
In accordance with Article 1649 quater of the Civil Code, a purchaser having the capacity of consumer also benefits from a two-year legal warranty for all compliance defects which existed when the product was issued and which appeared within two years as from issuance thereof.
This warranty includes the repair or replacement of the defective product, without expense for the consumer.
If, however, this repair or replacement is not possible, disproportionate for the seller or would result in serious inconvenience for the consumer, an appropriate discount or reimbursement may be proposed to the consumer, with the return of the defective products by the latter.
In the event that spare parts or specific accessories necessary for the repair of the product are no longer available from the manufacturer, the seller cannot be held liable for the loss of possible uses of the product.
The consumer is required to inform the seller of the lack of compliance, in writing, within a maximum of two months as from the date on which the defect is observed, under penalty of forfeiture of his right to claim.
Only the invoice, receipt or voucher constitute warranty certificates for the purchaser vis-à-vis the seller. These documents must be kept by the customer and the originals presented. The warranty period starts on the date mentioned on these documents.
This warranty does not apply in the event of a defect arising from incorrect use, external causes, poor maintenance, usual wear and tear or any use which does not comply with the instructions of the manufacturer or seller.
In the event of damage, theft or loss of a product sent for repair, the seller’s liability shall in any case be limited to the selling price of the product. The seller cannot, under any circumstances, be held liable for the loss or reproduction of data stored in or by electronic devices sent for repair.
Liability of the seller
The customer acknowledges that the seller’s obligations are exclusively obligations to use best efforts and that the seller is only liable for his misrepresentation or wilful misconduct.
In the event that the customer demonstrates the existence of gross negligence or wilful misconduct by the seller, the harm for which the customer can request compensation will only include the material harm resulting directly from a wrongdoing attributed to the seller, to the exclusion of any other harm, and cannot, under any circumstances, exceed 75% (excluding taxes) of the amount actually paid by the customer for completion of the order. The customer acknowledges that the seller is not liable for any direct or indirect harm caused by the products delivered, such as, in particular, a shortfall, increase in overheads, loss of customers etc.
Likewise, the seller cannot be held liable in the case of communication of incorrect data by the customer, or in the event of an order made in his name by a third party.
It is the customer’s responsibility to make enquiries about possible restrictions or customs rights imposed by his country on the products ordered. The seller cannot therefore be held liable if the customer comes up against any restriction or supplementary tax payable due to the policy adopted by his country.
The information, logos, designs, brands, models, slogans, graphic charters etc. accessible via the seller’s website or catalogue, are protected by intellectual property law. Unless otherwise expressly agreed beforehand, the customer is not authorised to modify, reproduce, rent, borrow, sell, distribute or create derived works based in full or in part on the elements present on the seller’s website or catalogue.
Internet and new technologies
The customer is aware of the restrictions and risks related to use of the internet and any other means by which the Website is currently or will in the future be made available.
The customer is also aware of the risks of storage or transmission of information by digital or electronic means. The customer accepts that the seller cannot be held liable for any harm caused by use of the seller’s website (as well as any applications) or the internet, following the abovementioned risks.
The customer also accepts that the electronic information exchanged and the back-ups created by the seller can serve as proof.
Processing of personal data
In the context of the order process, the customer who orders as an individual must communicate personal data concerning him such as his surname, first name, email address, telephone number and address. This data is used to process orders. It will only be communicated to the seller’s partners in the event that the customer expressly agrees thereto.
The seller processes the data collected confidentially and in accordance with national and international provisions, including the Belgian law of 8 December 1992 regarding the protection of privacy with respect to the processing of personal data, modified by the law of 11 December 1998.
The customer can, at any time, by means of a written, dated and signed request sent to the seller, and after providing evidence of his identity (by attaching a copy of proof of identity), obtain free of charge the written communication of personal data concerning him collected by the seller, as well as, if applicable, the rectification, deletion or removal of incorrect, incomplete or irrelevant data.
The copy of his data will be communicated at the latest 45 days after receipt of the request.
Force majeure, unforseeable circumstances and lack of foresight
The seller cannot be held liable, whether on a contractual or non-contractual level, in the case of failure to temporarily or definitively perform his obligations, when this failure to perfom is due to force majeure or unforseeable circumstances.
The following events will notably be considered force majeure or unforseeable events: 1) the loss or destruction, in full or in part, of the seller’s information technology system or his database when one or other of these events cannot reasonably be directly attributed to the seller and it is not demonstrated that the seller failed to take reasonable measures to prevent either of these events, 2) earthquakes, 3) fires, 4) flooding, 5) epidemics, 6) acts of war or terrorism, 7) strikes, whether declared or not, 8) lock-outs, 9) blockades, 10) insurrections or riots, 11) interruption in the supply of energy (such as electricity), 12) failure of the Internet connection or data storage system, 13) breakdown of the telecommunications network, 14) loss of connectivity to the internet or telecommunications network on which the seller is dependent 15) an act or decision of a third party when this decision affects the proper performance of this agreement or 16) any other cause outside the seller’s reasonable control.
If, due to circumstances independent of the seller’s wishes, the performance of his obligations cannot be continued or is simply made more expensive or difficult, the seller and the customer undertake to negotiate in good faith and fairly, an adaptation of contractual conditions within a reasonable time frame with a view to restoring balance.
In the absence of an agreement within a reasonable time frame, each of the parties can invoke the cancellation of the contractual relations between them without compensation or indemnities of any kind whatsoever.
The nullity of a provision in these general terms and conditions does not result in the nullity of the other terms and conditions.
Any objection regarding the products delivered by the seller or the validity or interpretation of, or failure to perform these general terms and conditions shall be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Liège.