Article 1: scope
1.1. These general terms and conditions apply to every order and/or agreement entered into by a visitor to the webshop accessible via the website https://chocolatessentiel.be/ and https://chocolatessentiel.com/.
These general terms and conditions will govern the contractual relationship between Chocolat Essentiel BV, 3000 Leuven (Belgium), Schapenstraat 118, company number 0740.598.562, hereafter ‘CE’ and the client.
1.2. These terms and conditions will be applicable to all services and all invoices sent by CE to the client, as well as to all agreements between CE and the client. The terms and conditions form an integral part of the agreement with the client. Any aberration from these terms and conditions will need to be agreed to in writing.
1.3. These terms and conditions will take precedence over those issued by the client or any third party, even if CE has not explicitly rejected their use.
1.4. The applicability of these terms and conditions is agreed to by the client, merely by the fact of making a purchase, placing an order or concluding a contract with CE via the web shop and this in accordance with the modalities of article 7 of the present general terms and conditions.
1.5. In the event that one or more clauses of these terms and conditions should be deemed entirely or partially null and void, this will not entail the nullity of the remaining terms and conditions. Parties will replace the void clause by a valid clause that will correspond to the original intentions of the parties or as close to it as possible.
Article 2: Price
2.1. All prices will be stated in euro (VAT not included). All prices are exclusive of other costs (e.g. transport, packaging, shipping costs), unless explicitly provided otherwise. Any increase of the VAT rate and/or any other charge in between the placement of the order and the execution thereof will be borne by the client.
2.2. CE reserves the right to correct any typos regarding its quotations. CE is permitted to change its prices unilaterally if those price adjustments are due to circumstances beyond her control, e.g. changes regarding VAT, taxes and customs, costs of delivery, purchase, materials etc. This list of circumstances is solely exemplary and in no way restrictive.
Article 3: Order
The contract between CE and the client is validly concluded at the time the order is placed. The order is placed by sending it electronically to CE when the client clicks on the hyperlink "agreement for this order and payment".
Article 4: Payment
4.1. Payment is always made electronically via credit or debit card or via Paypal. Each order is immediately payable at the time of conclusion of the contract.
The payment provider for CE's web shop is Mollie, with registered office at Keizersgracht 126, 1015 CW Amsterdam, the Netherlands and with company number NL815839091B01.
Article 5: Delivery
5.1. The products purchased shall be shipped and delivered to the address provided by the client, subject to a maximum period of seven (7) working days after receipt of payment. The related delivery and transport costs shall be charged to the client.
5.2. The delivery times are given only by way of information and are therefore not binding. Delays in delivery can never lead to compensation, cancellation of an order or dissolution of the agreement.
The client explicitly declares to be aware that the purchased products can be delivered later if the outside temperature exceeds 25°C.
5.3. The products sold by CE are fresh food. CE does her utmost to ensure correct and safe delivery, taking into account the freshness of its products, but cannot give an absolute guarantee on the quality of transport. In addition, the client is obliged to place the products received immediately in a cool place in order to guarantee the quality of the products. From the moment of receipt by the client, the chocolate must be stored at a temperature between 15°C and 18°C and protected from direct sunlight and moisture. CE does not recommend to store the chocolate in the refrigerator or to freeze it.
5.4. CE delivers the products by means of refrigerated shipping from an outside temperature higher than 25°C in order to guarantee the quality of its products as much as possible. In the exceptional case that the quality of the delivery would nevertheless be affected, the client must provide proof thereof immediately at the time of delivery. The client is always obliged to inspect the products (or have them inspected) immediately and carefully upon receipt.
5.5. Complaints from the client relating to visible defects in the product or delivery must therefore be notified by the client to CE in writing immediately and at the latest within 24 hours after delivery.
Invisible defects must be notified by registered letter within five (5) calendar days of their discovery.
Article 6: Intellectual property
Only and only CE owns the intellectual property rights with regard to the services provided. At no time are the intellectual property rights of CE transferred to the client, unless the parties expressly agree otherwise in writing.
Article 7: Right of withdrawal
According to Article VI.53, 5° of the Economic Law Code, there is no right of withdrawal for sealed goods that are not suitable for return for reasons of health protection or hygiene and of which the seal has been broken after delivery.
As the products are sealed with foil, any purchase is therefore final and cannot be revoked by the client.
Article 8: Liability
CE is not liable for damages of any kind, except for its wilful misconduct, unless the parties expressly agree otherwise in writing.
In any case, the amount of any compensation will be limited to the amount invoiced for the disputed order, understanding that under no circumstances shall this amount exceed the amount to be paid by the insurer of CE.
CE undertakes to use its best endeavors in carrying out its activities.
Article 9: Force majeure
CE cannot be held liable in situations of force majeure (such as war, strike, lock-out, power grid failures, theft, fire, logistical problems for third parties, epidemic or pandemic, restrictions or measures imposed by governments etc.) which might lead to CE’s inability to fulfil its obligations (in time).
CE’s obligations will be suspended for the duration of the situation concerned.
Article 10: Explicit acceptance
Placing an order with CE is only possible if the client expressly agrees with the content and applicability of these general terms and conditions to the concluded purchase contract. To this end, prior to completing the order, the client must tick the checkbox next to the statement "Agree to the General Terms and Conditions".
Article 11: Data Protection
11.1. CE abides by the provisions of the General Data Protection Regulation (GDPR) as far as possible.
11.2. The client hereby expressly confirms that all data he transmits to CE is collected in accordance with the General Data Protection Regulation.
Consequently, the client will indemnify CE in the event that she receives any claim from a natural person whose data has been transferred to, collected and/or processed by CE by the client.
Article 12: Applicable law and competent jurisdiction
12.1. All legal relationships between CE and the client are exclusively governed by and must be interpreted in accordance with Belgian law.
12.2. For all disputes between the parties, the courts of the judicial district of Leuven are competent.