General terms and conditions
Terms and Conditions of Chocolaterie Delhy, with its registered
1. General
1.1 These terms and conditions apply to all contracts of chocolatesonline.be by Chocolaterie Delhy. The terms and conditions are open to the public and are published on the website of chocolatesonline.be. On request we will send you a printed copy.
1.2 By placing an order, you agree to the terms and conditions of delivery and payment. Chocolaterie Delhy reserves the right to modify its delivery and payment conditions when validity has expired.
1.3 Unless otherwise agreed in writing, terms and conditions or specific stipulations of third parties are not recognized by Chocolaterie Delhy.
1.4 Chocolaterie Delhy guarantees that the product delivered conforms to the contract and meets the specifications as laid out in the offer.
2. Delivery
2.1 Delivery takes place while stock lasts.
2.2 According to the regulations regarding distance contracts, Chocolaterie Delhy will execute orders within a maximum of 30 days. In cases where this is not possible (due to items not being in stock or no longer available), where a delay occurs for other reasons, or in cases where an order cannot or only partially be executed, the customer has the right to cancel the purchase without costs or notice of default.
2.3 In light of our quality guarantee, delivery will not take place if temperatures (or temperature forecasts) on the day of delivery equal or exceed 24°C. Needless to say that in accordance with the Distance Selling Act, delivery will take place within 30 days and in the unlikely event that this is not feasible, the customer can cancel the purchase and will be refunded.
2.4 Chocolaterie Delhy obligation to deliver will be considered fulfilled, save for evidence to the contrary, as soon as the goods supplied by Chocolaterie Delhy have been presented to the buyer once. On delivery at home, the carrier reports, including a refusal to accept, serves as conclusive proof of delivery.
2.5 All terms mentioned on the website are indicative. No rights can therefore be derived from them.
3. Prices
3.1 During the duration of a special offer prices will not be increased, unless legal regulations make this necessary or a supplier implements interim price increases.
3.2 All prices on the website are subject to printer or typesetting errors. No liability as a result of printers or typesetting errors is accepted.
3.3 All prices are quoted in EURO and are inclusive of 6% VAT (chocolate products) or 21% VAT (gadgets).
4. Approval period / right of withdrawal
4.1 The right of withdrawal according to the Distance Selling Act (article 7.5 BW), based on which the buyer has the right to return (part of) the goods delivered within 7 working days without giving reasons, cannot be invoked regarding goods or services that cannot be returned due to their perishable nature or for hygienic reasons. In view of the perishable nature of chocolate products and prevalent hygienic regulations, a customer is not entitled to invoke the right of withdrawal and chocolate products can therefore not be returned.
4.2 With regard to other products, the buyer is obliged, before proceeding to return any goods, to inform Chocolaterie Delhy of such in writing within 7 working days upon receipt of the goods. The buyer is obliged to prove that the goods have been returned in time, for instance by means of a carriers receipt. Goods must be returned in the original packaging (including accessories and accompanying documents) and in unused condition. If goods have been used by the buyer, encumbered or damaged in any way, the right to repudiate the contract as mentioned here has ceased to apply. Subject to the provisions in the previous sentence, Chocolaterie Delhy will ensure that the full purchase amount including shipping costs will be refunded to the buyer within 30 days after proper receipt of the returned goods. Return shipping costs of the goods are at the risk and expense of the buyer.
5. Data management
5.1 When you place an order with Chocolaterie Delhy, your records will be kept in the customer database of Chocolaterie Delhy. Chocolaterie Delhy abides by the Data Protection Act and will not provide personal data to third parties.
5.2 Chocolaterie Delhy respects the privacy of its website visitors and will treat all personal information in confidence.
5.3 Chocolaterie Delhy will in some cases use mailing lists. Each mailing list contains instructions how you can unsubscribe.
6. Guarantee
6.1 Chocolaterie Delhy guarantees that its products meet demands of usefulness, reliability and life span as considered reasonable by parties at the time of the contract, vouching for the manufacturer's warranty regarding the product delivered to you.
6.2 Chocolaterie Delhy warranty period corresponds to the manufacturer's warranty period. Chocolaterie Delhy is, however, never responsible for the ultimate usefulness of goods for each individual utilization by the buyer, nor for any advice as to the use or application of the goods.
6.3 The buyer is obliged to check the goods immediately upon receipt. Should delivery be incorrect, inferior or incomplete, the buyer must (before proceeding to return the goods to Chocolaterie Delhy) notify Chocolaterie Delhy of such immediately in writing. Any faulty or incorrectly supplied goods must be brought to Chocolaterie Delhy attention in writing within 2 weeks upon receipt. Goods must be returned in their original packaging and in unused condition. The right to lodge a complaint and return goods ceases to apply in cases of usage after the discovery of defects, damage after the discovery of defects, encumbrance and/or resale after the discovery of defects.
6.4 If a buyer complaints are considered justified by Chocolaterie Delhy, Chocolaterie Delhy will choose either to replace the supplied goods without costs or to enter into a written agreement with the buyer concerning compensation, with the proviso that Chocolaterie Delhy liability and therefore the amount of compensation is limited to the amount of the invoice concerning the goods or (depending on Chocolaterie Delhy choice) the amount of compensation covered by Chocolaterie Delhy liability insurance policy in that particular case. Chocolaterie Delhy assumes no liability whatsoever for any other form of damage, including additional compensation in any form, compensation for indirect damage or resulting damage or damage due to lost profits.
6.5 Chocolaterie Delhy cannot be held liable for damage caused intentionally or by willful recklessness by non-management employees. 6.6 This guarantee does not apply if the goods have been exposed to abnormal circumstances or have otherwise been handled carelessly or contrary to Chocolaterie Delhy stipulations and/or instructions for use on the packaging.
6.7 Products are packaged in such a way that they reach the recipient without loss of quality if temperatures are not above 24°C and shipping by the carrier takes place the next day. If the quality of the goods, notwithstanding due care, turns out to be inferior, the buyer as well as the recipient can contact Chocolaterie Delhy and the complaint will be handled according to the complaints protocol.
7. Special offers
7.1 Special offers are free of obligation, unless stated otherwise in the offer.
7.2 When the buyer accepts an offer without obligation, Chocolaterie Delhy reserves the right to withdraw or modify the offer within 3 working days upon receipt of acceptation.
7.3 Oral promises by Chocolaterie Delhy are only binding after express written confirmation.
7.4 Special offers by Chocolaterie Delhy do not automatically apply to repeat orders.
7.5 Chocolaterie Delhy cannot be held to a special offer if the buyer could have understood that the offer, or a part of it, contained an obvious mistake or slip of the pen.
7.6 Additions, changes and/or further agreements are only valid if confirmed in writing.
8. Contracts
8.1 A contract between Chocolaterie Delhy and a customer comes into effect after an order or assignment has been judged feasible by Chocolaterie Delhy.
8.2 Chocolaterie Delhy reserves the right to refuse orders or assignments without giving reasons, or to accept on condition that the goods are sent cash on delivery or paid for in advance.
9. Images and specifications
9.1 All images, photographs, drawings etc., information concerning weights, sizes, colors, pictures of labels etc. published on the Chocolaterie Delhy website are approximations only and indicative and cannot be a cause for compensation or cancellation of the contract.
10. Force majeure
10.1 Chocolaterie Delhy is not liable if and in so far as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure are any strange causes or circumstances that cannot be at Chocolaterie Delhy risk in all reasonableness. Delay at or attributable nonperformance by our suppliers, breakdowns of the internet, power grid failures, disturbances in e-mail traffic or malfunctioning or alterations in technology supplied by others, traffic problems, strikes, government measures, delays in supplies, negligence on the part of suppliers or manufacturers of Chocolaterie Delhy or its auxiliaries, sickness of personnel, defaults in auxiliary or transport means, are expressly labeled as force majeure.
10.3 In cases of force majeure, Chocolaterie Delhy reserves the right to suspend its obligations, as well as to cancel the contract partly or in full, or to demand that the content of the contract is modified in such a way that execution remains feasible. Under no circumstance is Chocolaterie Delhy obliged to pay any form of penalty or compensation.
10.4 If Chocolaterie Delhy has already fulfilled part of its obligations when force majeure occurs, or is from that moment able to fulfill only part of its obligations, Chocolaterie Delhy is entitled to send an invoice for the part already fulfilled or to be fulfilled and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply if the goods supplied or to be supplied have no commercial value on its own.
10.5 If you are not using the correct address information, then the extra shipping charges are on your account.
11. Applicable law / competent court
11.1 Belgium law applies to all contracts.
11.2 Disputes arising in relation to a contract between Chocolaterie Delhy and a buyer, which cannot be settled in mutual agreement, will be referred to the competent court in Bruges, unless Chocolaterie Delhy prefers to refer the dispute to the competent court within whose jurisdiction the buyer has its registered office, excluding disputes belonging to the jurisdiction of the sub district court.
1.1 These terms and conditions apply to all contracts of chocolatesonline.be by Chocolaterie Delhy. The terms and conditions are open to the public and are published on the website of chocolatesonline.be. On request we will send you a printed copy.
1.2 By placing an order, you agree to the terms and conditions of delivery and payment. Chocolaterie Delhy reserves the right to modify its delivery and payment conditions when validity has expired.
1.3 Unless otherwise agreed in writing, terms and conditions or specific stipulations of third parties are not recognized by Chocolaterie Delhy.
1.4 Chocolaterie Delhy guarantees that the product delivered conforms to the contract and meets the specifications as laid out in the offer.
2. Delivery
2.1 Delivery takes place while stock lasts.
2.2 According to the regulations regarding distance contracts, Chocolaterie Delhy will execute orders within a maximum of 30 days. In cases where this is not possible (due to items not being in stock or no longer available), where a delay occurs for other reasons, or in cases where an order cannot or only partially be executed, the customer has the right to cancel the purchase without costs or notice of default.
2.3 In light of our quality guarantee, delivery will not take place if temperatures (or temperature forecasts) on the day of delivery equal or exceed 24°C. Needless to say that in accordance with the Distance Selling Act, delivery will take place within 30 days and in the unlikely event that this is not feasible, the customer can cancel the purchase and will be refunded.
2.4 Chocolaterie Delhy obligation to deliver will be considered fulfilled, save for evidence to the contrary, as soon as the goods supplied by Chocolaterie Delhy have been presented to the buyer once. On delivery at home, the carrier reports, including a refusal to accept, serves as conclusive proof of delivery.
2.5 All terms mentioned on the website are indicative. No rights can therefore be derived from them.
3. Prices
3.1 During the duration of a special offer prices will not be increased, unless legal regulations make this necessary or a supplier implements interim price increases.
3.2 All prices on the website are subject to printer or typesetting errors. No liability as a result of printers or typesetting errors is accepted.
3.3 All prices are quoted in EURO and are inclusive of 6% VAT (chocolate products) or 21% VAT (gadgets).
4. Approval period / right of withdrawal
4.1 The right of withdrawal according to the Distance Selling Act (article 7.5 BW), based on which the buyer has the right to return (part of) the goods delivered within 7 working days without giving reasons, cannot be invoked regarding goods or services that cannot be returned due to their perishable nature or for hygienic reasons. In view of the perishable nature of chocolate products and prevalent hygienic regulations, a customer is not entitled to invoke the right of withdrawal and chocolate products can therefore not be returned.
4.2 With regard to other products, the buyer is obliged, before proceeding to return any goods, to inform Chocolaterie Delhy of such in writing within 7 working days upon receipt of the goods. The buyer is obliged to prove that the goods have been returned in time, for instance by means of a carriers receipt. Goods must be returned in the original packaging (including accessories and accompanying documents) and in unused condition. If goods have been used by the buyer, encumbered or damaged in any way, the right to repudiate the contract as mentioned here has ceased to apply. Subject to the provisions in the previous sentence, Chocolaterie Delhy will ensure that the full purchase amount including shipping costs will be refunded to the buyer within 30 days after proper receipt of the returned goods. Return shipping costs of the goods are at the risk and expense of the buyer.
5. Data management
5.1 When you place an order with Chocolaterie Delhy, your records will be kept in the customer database of Chocolaterie Delhy. Chocolaterie Delhy abides by the Data Protection Act and will not provide personal data to third parties.
5.2 Chocolaterie Delhy respects the privacy of its website visitors and will treat all personal information in confidence.
5.3 Chocolaterie Delhy will in some cases use mailing lists. Each mailing list contains instructions how you can unsubscribe.
6. Guarantee
6.1 Chocolaterie Delhy guarantees that its products meet demands of usefulness, reliability and life span as considered reasonable by parties at the time of the contract, vouching for the manufacturer's warranty regarding the product delivered to you.
6.2 Chocolaterie Delhy warranty period corresponds to the manufacturer's warranty period. Chocolaterie Delhy is, however, never responsible for the ultimate usefulness of goods for each individual utilization by the buyer, nor for any advice as to the use or application of the goods.
6.3 The buyer is obliged to check the goods immediately upon receipt. Should delivery be incorrect, inferior or incomplete, the buyer must (before proceeding to return the goods to Chocolaterie Delhy) notify Chocolaterie Delhy of such immediately in writing. Any faulty or incorrectly supplied goods must be brought to Chocolaterie Delhy attention in writing within 2 weeks upon receipt. Goods must be returned in their original packaging and in unused condition. The right to lodge a complaint and return goods ceases to apply in cases of usage after the discovery of defects, damage after the discovery of defects, encumbrance and/or resale after the discovery of defects.
6.4 If a buyer complaints are considered justified by Chocolaterie Delhy, Chocolaterie Delhy will choose either to replace the supplied goods without costs or to enter into a written agreement with the buyer concerning compensation, with the proviso that Chocolaterie Delhy liability and therefore the amount of compensation is limited to the amount of the invoice concerning the goods or (depending on Chocolaterie Delhy choice) the amount of compensation covered by Chocolaterie Delhy liability insurance policy in that particular case. Chocolaterie Delhy assumes no liability whatsoever for any other form of damage, including additional compensation in any form, compensation for indirect damage or resulting damage or damage due to lost profits.
6.5 Chocolaterie Delhy cannot be held liable for damage caused intentionally or by willful recklessness by non-management employees. 6.6 This guarantee does not apply if the goods have been exposed to abnormal circumstances or have otherwise been handled carelessly or contrary to Chocolaterie Delhy stipulations and/or instructions for use on the packaging.
6.7 Products are packaged in such a way that they reach the recipient without loss of quality if temperatures are not above 24°C and shipping by the carrier takes place the next day. If the quality of the goods, notwithstanding due care, turns out to be inferior, the buyer as well as the recipient can contact Chocolaterie Delhy and the complaint will be handled according to the complaints protocol.
7. Special offers
7.1 Special offers are free of obligation, unless stated otherwise in the offer.
7.2 When the buyer accepts an offer without obligation, Chocolaterie Delhy reserves the right to withdraw or modify the offer within 3 working days upon receipt of acceptation.
7.3 Oral promises by Chocolaterie Delhy are only binding after express written confirmation.
7.4 Special offers by Chocolaterie Delhy do not automatically apply to repeat orders.
7.5 Chocolaterie Delhy cannot be held to a special offer if the buyer could have understood that the offer, or a part of it, contained an obvious mistake or slip of the pen.
7.6 Additions, changes and/or further agreements are only valid if confirmed in writing.
8. Contracts
8.1 A contract between Chocolaterie Delhy and a customer comes into effect after an order or assignment has been judged feasible by Chocolaterie Delhy.
8.2 Chocolaterie Delhy reserves the right to refuse orders or assignments without giving reasons, or to accept on condition that the goods are sent cash on delivery or paid for in advance.
9. Images and specifications
9.1 All images, photographs, drawings etc., information concerning weights, sizes, colors, pictures of labels etc. published on the Chocolaterie Delhy website are approximations only and indicative and cannot be a cause for compensation or cancellation of the contract.
10. Force majeure
10.1 Chocolaterie Delhy is not liable if and in so far as its obligations cannot be fulfilled due to force majeure.
10.2 Force majeure are any strange causes or circumstances that cannot be at Chocolaterie Delhy risk in all reasonableness. Delay at or attributable nonperformance by our suppliers, breakdowns of the internet, power grid failures, disturbances in e-mail traffic or malfunctioning or alterations in technology supplied by others, traffic problems, strikes, government measures, delays in supplies, negligence on the part of suppliers or manufacturers of Chocolaterie Delhy or its auxiliaries, sickness of personnel, defaults in auxiliary or transport means, are expressly labeled as force majeure.
10.3 In cases of force majeure, Chocolaterie Delhy reserves the right to suspend its obligations, as well as to cancel the contract partly or in full, or to demand that the content of the contract is modified in such a way that execution remains feasible. Under no circumstance is Chocolaterie Delhy obliged to pay any form of penalty or compensation.
10.4 If Chocolaterie Delhy has already fulfilled part of its obligations when force majeure occurs, or is from that moment able to fulfill only part of its obligations, Chocolaterie Delhy is entitled to send an invoice for the part already fulfilled or to be fulfilled and the buyer is obliged to pay this invoice as if it were a separate contract. This does not apply if the goods supplied or to be supplied have no commercial value on its own.
10.5 If you are not using the correct address information, then the extra shipping charges are on your account.
11. Applicable law / competent court
11.1 Belgium law applies to all contracts.
11.2 Disputes arising in relation to a contract between Chocolaterie Delhy and a buyer, which cannot be settled in mutual agreement, will be referred to the competent court in Bruges, unless Chocolaterie Delhy prefers to refer the dispute to the competent court within whose jurisdiction the buyer has its registered office, excluding disputes belonging to the jurisdiction of the sub district court.
