General terms and conditions

The present general terms and conditions of sale govern the contractual relations in the context of online sales made via the online shop by Chocolatier M bv, with registered office at Sylvain Dupuisstraat 38, 8300 Knokke-Heist, and registered in the commercial register of Belgian companies under number 0822060647, hereinafter referred to as “the Vendor”, on the one hand, and the natural or legal person who, in their own name or on behalf of third parties and for professional or private purposes, places a remote order via the website www.chocolatier-m.be, hereinafter referred to as “the Customer”, on the other hand. Depending on the Customer's particular situation (whether or not he is a consumer), certain provisions of these general terms and conditions may or may not apply to him.

Chocolatier M bv offers Customers products for sale online under the name “Chocolatier M”, www.chocolatier-M.be

The Customer declares to have full legal competence.

OBJECT

The products are described in good faith and as accurately as possible on the website www.chocolatier-m.be. Customers have the option at any time to request additional information about the products offered via the email address info@chocolatier-m.be, by telephone on 0032(0)50614460. The offer of the products is not binding on the Vendor and therefore does not constitute an offer in the meaning of civil law.

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 can the Vendor be held liable for any errors that these images, diagrams, drawings or video films may contain.

ORDER

The consumer does not have the right to rescind the order as the products in the online shop of Chocolatier M are food products with a fragile condition and short shelf life.

The products offered through the Chocolatier M online shop are those appearing on the website on the day it is consulted by the Customer, subject to available stocks.

The Customer can consult the various products offered by the Vendor on its website www.chocolatier-m.be. The Customer can navigate freely through 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 drawn up with the greatest possible precision and accuracy in order to keep the description as true and complete as possible. However, since the products are presented in digital form on the Internet, there is always a chance that the Customer's idea of the products on the basis of the photos on our website differs slightly from reality.

Next, the Customer can select the desired products and quantity. The products are automatically added to the Customer's shopping basket.

Before the Customer can order a product on the website, a customer account must be created. This can be done by successively clicking on “Login” and “Create an account”. The Customer must now fill in a form. In addition, the Customer must enter his email address and choose a personal and confidential password. The Customer will have to use this password later in order to identify himself on the website. The Customer accepts that this dual user identification constitutes proof of his identity and confirms his agreement to the present terms and conditions of sale. When ordering as a "guest", the Customer must identify himself. The Customer hereby confirms to agree to these terms and conditions of sale.

The Customer can at any time obtain an overview of the products he has selected 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 order of products by clicking on “Complete my order”.

Customers who have not yet identified themselves after clicking on “Confirm my order” must identify themselves by the email address and password they have created in advance via the “Register” menu in order to order the selected products.

In accordance with the provisions of Article 6, the Customer may select the payment method of his choice.

The customer confirms his order as soon as he clicks on “Buy now”: the order will now be registered and the sale is definitively closed. Any data entered incorrectly when placing an order cannot be rectified by the Customer.

The agreement is deemed to have been concluded as soon as the Customer receives a confirmation by email and results in the unconditional acceptance of these general terms and conditions by the Customer. The confirmation email contains the following information:

• Overview of the ordered item(s).
• Total amount of the order.
• Total amount of the delivery and processing costs of the order.
• Customer data.
• Place and date on which the order will be shipped (for information).
• Information about the payment stipulations.
• Contact details of the customer service department of the online shop of Chocolatier M .

The order form shall be registered in the Vendor's IT register and shall be regarded as 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 about 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 will only be closed once the order confirmation has been sent to the Customer by email.

The Vendor shall only be bound by the order placed by the Customer from the date on which this written confirmation of the order is sent. From that moment on, the Vendor undertakes to handle the order. The Vendor reserves the right to make the order subject to other conditions, to suspend or refuse it, in particular if the order is incomplete, if the information provided contains manifest errors, if previous orders have not been paid for or for any other reason that the Vendor himself 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 the Customer providing incorrect contact details.

Orders are only final once the Customer has made the agreed payment.

AVAILABILITY

If, after the confirmation of an order, it appears that the ordered products are not available, the Customer will be informed as soon as possible by email.

PRICES

The prices of the various products are expressed in euros (€) and include taxes and duties. Prices are considered to be net prices and do not include postage. The Vendor reserves the right to change the prices at any time. However, the products are invoiced in euros on the basis of the prices applicable at the time of registration of the order, subject to the availability of the products ordered. Placing the order implies acceptance of the price indicated for the chosen product.

Any postage costs will be stated separately when placing your order and must also be paid at the time of placing the order.

The order confirmation email contains a total amount: this is the final price and includes all taxes, charges and costs.

CUSTOMS DUTIES

Orders placed via the website and delivered outside Belgium may be subject to taxes and customs duties in the country of destination. Any customs duties and taxes levied on the delivery of an item are the full responsibility of the Customer. The Vendor is not obliged to check whether customs duties and taxes are levied and does not have to notify the Customer thereof. The Vendor advises the Customer to obtain information about this himself from the competent authorities of his country.

PAYMENT TERMS

The website of the Chocolatier M online shop is subject to Belgian law and all products offered on the website are shipped from Belgium. Invoices are drawn up in euros and are subject to Belgian Value Added Tax (VAT), which is 6% for products and 21% for transport costs.

The Vendor accepts the following payment methods: VISA, MASTERCARD, MAESTRO and PAYPAL. The Customer will receive a confirmation that the payment has been received by email.

The order will be processed once the payment has been validated, regardless of the payment method chosen. Each order is registered, but not further processed, as long as it is not validated. An order will be validated as soon as the payment authorisation and verification body has authorised the debiting of the amount. At that moment, the Vendor will send a confirmation email to the Customer and the amount will be debited from the Customer’s account.

The Vendor reserves the right to suspend the processing of the order if the accredited bodies do not authorise payment by bank card or in the event of non-payment. In that case, the Vendor may regard the sale as cancelled.

The Vendor guarantees the complete confidentiality of the bank details, which will be protected by the SSL standard which automatically checks the validity of access rights during payment by bank card and encrypts all data exchanged to guarantee their confidentiality.

PROOF OF TRANSACTION

In general, both parties accept electronic means of proof to demonstrate the existence of their contractual relationship (e-mail, back-up...).

The parties agree that the data registered by the Vendor constitute proof of the transactions finalised by the Client via the website. The data recorded by the payment system shall constitute proof of the financial transactions.

The order forms and invoices are archived on a reliable and durable medium and can be presented as evidence.

IMPLEMENTATION MODALITIES

Orders are processed according to the opening days found on the website, with the exception of public holidays. The orders are shipped from Belgium within a period of 1 to 15 working days, counting 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 due to events beyond its control which would make the execution of the agreement completely or partially impossible or significantly more expensive, or in the event 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 as force majeure and release the Vendor from his obligation to supply: war, popular uprising, pandemic, fire, strikes, accidents and the inability of the Vendor to be supplied. The Vendor must inform the Buyer in due time when one of the above situations occurs.

In any case, the timely delivery of the products can only take place if the Customer is aware of his obligations towards the Vendor. Moreover, the deadlines are mentioned on the order or the summary thereof for information purposes only and in good faith. Therefore, the time limits do not in themselves constitute an essential condition of the contract and the Vendor cannot be obliged to pay compensation of any kind or interest on arrears if it is late in performing its obligations.

Charges for any changes resulting from this date change shall be borne by the customer.

The Vendor reserves the right to entrust the performance of certain services to third parties, employees or agents working under its responsibility, subject, however, to the legal provisions and regulations concerning recognition and accreditation.

Products purchased through our Chocolatier M website will be delivered to the address provided by the Customer. The Vendor will not accept any liability for the consequences of any errors made by the Customer when placing the order.

Nor will the Vendor accept liability for non-performance of the contract in the event of force majeure, disturbances of public order, partial or total strikes by, among others, public transport and transport services.

Returns of the products will only be accepted for quality reasons. In that case we ask you to send an email to our customer service manager at info@chocolatier-M.be. Please send all information in detail, supported by clear colour photos of the product and its packaging. Returns due to quality reasons are only possible during 3 days after receipt of your order.

ABSENCE OF THE RIGHT OF REVOCATION

In accordance with Article VI.53 of the Act of 21 December 2013 on market practices and consumer protection, the right of revocation is excluded for remotely concluded contracts via the website www.chocolatier-m.be.

AVAILABILITY

The products are offered to the extent that they are available. If certain products should prove unavailable after an order has been placed, the Vendor shall inform the Customer as soon as possible by telephone or email. In this case, the Customer may ask to cancel his order. No later than thirty days after the cancellation, the Customer will receive a refund of the amount paid by him on his bank account.

INTELLECTUAL PROPERTY

All texts, comments, illustrations and images on our website are subject to copyright and intellectual property law. Reproduction in whole or in part without the Vendor's consent is strictly prohibited. Unless expressly stated, the order does not imply any transfer or concession of intellectual property rights.

LIABILITY

The products offered comply with current Belgian and European legislation. The Vendor cannot be held liable if it has performed its services in accordance with the provisions of this legislation.

The Vendor can only be held liable by the Customer for his own fraud or gross negligence on his part or on the part of his appointees or proxies.

The Vendor cannot be held liable for any indirect damages that may stem from the above, operating loss, loss of profit, loss of opportunity, loss of production, loss of business, loss of customers, damage to reputation, damage or expense that may arise. This list is non-exhaustive.

All complaints must be sent immediately and in writing by email to info@chocolatier-m.be or by registered mail to the Vendor, whose address is mentioned in Article 1 of these general terms and conditions. If, within thirty days following receipt of the complaint, it should appear that the Vendor has not or not fully complied with its obligations, the Vendor  shall make a new delivery of the products that are the subject of the complaint at its own expense.

TRANSFER OF OWNERSHIP

Chocolatier M's online shop retains full ownership of the products sold until the sums owed by the Customer in connection with their order have been fully collected. The transfer of ownership of goods purchased by the Customer to a third person falls outside the scope of these general terms and conditions. Only the original Customer may, if necessary, invoke the provisions of these general terms and conditions of sale.

DATA PROTECTION

The transmission of personal data requested in the context of remote selling is mandatory as this information is necessary for the processing and delivery of orders, as well as for drawing up invoices. This information is strictly confidential. If this information is missing, the order will be automatically rejected.

The Vendor undertakes not to disclose the information provided by its Customers to third parties. This information will only be used for internal purposes, i.e. to take care orders, invoicing, services, solvency checks, marketing or personal publicity. This list is non-exhaustive.

However, this information may be communicated to the bodies having contractual relations with the Vendor for commercial prospecting purposes.

If they so wish, visitors to the website may, upon request and free of charge, ask that their personal data not be processed for personalised marketing purposes.

The Vendor undertakes to comply with the principles of the Belgian law of 8 December 1992 relating to the protection of privacy in the processing of personal data. Customers who have ordered products on the Vendor's website may, at any time, ask to consult, correct or delete the personal data registered by the Vendor. They may do so by sending an e-mail to info@chocolatier-m.be or by sending a letter to the address mentioned in Article 1 of these general terms and conditions.

ENFORCEABILITY 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 the present general terms and conditions of sale, excluding all other documents, such as the Customer's own general terms and conditions, prospectuses, catalogues, etc. The latter are of indicative value only.

The parties expressly agree that these general terms and conditions apply to their commercial relationship. Exceptions are only permitted if expressly agreed between both parties. The express exception to one of the general or special conditions does not imply a waiver of the application of the other general or special conditions.

The cancellation or inapplicability of one of the provisions of the general or special terms and conditions has no effect on the whole of the other provisions in the general and special terms and conditions.  The latter remain fully valid and applicable in that case.

The fact that the Customer has not received the present general terms and conditions in his native language does not exempt him from their application.

Ordering a product offered on the website implies consultation and explicit acceptance of the present general terms and conditions of sale. Moreover, a written signature of the Customer is not required for this acceptance.

Validation of the order form by the Vendor shall constitute an electronic signature which, between the parties, shall have the same value as a written signature and shall constitute proof of the complete order and the claimability of the sums due within the framework of the execution of the aforementioned order.

The Vendor reserves the right to modify his general terms and conditions without personally informing the Customer and without the latter being able to claim any compensation. The Customer must therefore regularly check the general terms and conditions to see if any amendments have been made. The Customer may save or print the present general terms and conditions of sale on condition that he does not modify them.

APPLICABLE LAW – DISPUTE

The present agreement is governed by Belgian law. If the Customer is not a consumer, the courts of Bruges shall have exclusive jurisdiction.

Any complaints must be registered in advance by our customer service department at the email address info@chocolatier-m.be. The Customer must first contact the Vendor in order to reach an amicable solution to the dispute.

If no satisfactory solution is found, the Customer can always turn to one of the following recognised bodies for alternative and out-of-court mediation : (1) the Consumer Ombudsman Service (http://www.consumentenombudsdienst.be) or (2) the Online Dispute Resolution platform (ODR) of the European Union (http://ec.europa.eu/odr/).