General terms and conditions of sale
- La Maison des Tartes, a company with its registered office at 1020 Laeken, rue Dieudonné Lefèvre 4 and registered with company number BE0769.649.171 (the “Company”)
- Service: the supply of products, sale of sweet and savoury pies and other related products (the “Service”)
- Website: www.lamaisondestartes.be (the “Website”)]
2.1. These terms and conditions (the “Terms and Conditions”) apply to the agreement (the “Agreement”) between the Company and the client (the “Client”) through which the Company provides the Client with the Service. The Company and the Client are referred to individually as a “party” and collectively as the “parties” to the Agreement.
2.2. All publicly displayed (e.g. online or in informative brochures) prices and features of the Service are for information purposes only. Only the prices and characteristics set out in the offer communicated to the Client are binding on the Company.
2.3. The Client accepts the Service offer, where applicable, by accepting in writing or by returning a signed order form issued by the Company which sets out the main characteristics of the Service or by confirming in writing to the Company (including by email or via an online purchase interface) that it subscribes to the Service offer.
2.4. By accepting the offer, the Agreement comes into force, the Client consents to the application of the General Conditions and waives the application of any conflicting provisions of its general conditions of purchase or any other possible provision emanating from the Client and which, in the absence of this article, would contravene the General Conditions. However, the provisions that would be applicable by virtue of mandatory law to which the Client is subject (such as, for example, the rules for the award of public contracts) shall take precedence over the provisions of the General Conditions.
3.1. The Company undertakes to use its best efforts, at least those that the Client is entitled to expect from a professional in the field, to provide the Service with quality and speed.
4. Intellectual Property
4.1. The Client acknowledges that all elements made available by the Company to the Client (e.g. texts, images, photos, logos, databases, [the functionality and interface of the Website], etc.) are protectable by one or more intellectual property rights (including copyright, trademark rights and rights related to the production of databases) owned by the Company. The Client shall not use or reproduce these elements and shall not remove or adapt any references to the associated intellectual property rights.
5.1. In exchange for the use of the Service, the Client shall pay the Company the price stated in the offer accepted by the Client. The price shall, unless otherwise stated, be understood to be in euros (EUR) and exclusive of value added tax (VAT).
5.2. The price shall be calculated, if applicable, on a fixed basis, periodically (annually, monthly, etc.) or per use or per delivery. The price may, where applicable, detail other costs associated with the use of the Service (such as, for example, delivery costs, packaging costs, transport costs, installation costs, etc.).
6. Payment and billing
6.1. The Company issues an invoice and communicates the invoice to the Client. The Client shall pay the invoice items, if any, immediately (by credit card payment, SEPA payment or other online payment method) or at the latest before the due date (which is, unless otherwise stated on the invoice, fifteen (15) days after the date of issue).
7. Legal guarantee and liability
7.1. The buyer undertakes to carry out a thorough examination of the products delivered to him, at the time of their receipt, in accordance with his capabilities.
7.2. Buyer acting for business purposes :
7.2.1. Any complaint of an apparent defect or lack of conformity affecting the products delivered must be notified to the seller immediately upon receipt of the products.
7.2.2. The acceptance of the products by the buyer or his agents shall cover any apparent defect that may be found at the time of delivery.
7.2.3. No product may be returned to the seller without the seller’s prior written consent.
7.2.4. The seller’s liability is excluded in the event of damage caused jointly by a defect in the products delivered and by the fault of the victim or a person for whom the victim is responsible.
7.3. The buyer has legal rights under the Act of 1 September 2004 governing the sale of consumer goods, which are not affected by this guarantee. The present article is a guarantee within the meaning of article 1649 quater to 3 of the Civil Code.
8. No right of withdrawal
8.1. The right of withdrawal of Consumer Customers cannot apply to the sale of rapidly perishable food products, pursuant to Article VI.53 of the Law of 21 December 2013 and Article 47 § 4 6° of the Law of 6 April 2010 on market practices and consumer protection.
9.1. Le Client peut en tout temps adresser un plainte à la Société par écrit à l’adresse suivante : firstname.lastname@example.org.
9.2. Si la Société et le Client ne parviennent pas à aboutir à un arrangement amiable, le Client peut saisir en tout temps le Service de Médiation pour le Consommateur, aux coordonnées suivantes : Service de Médiation pour le Consommateur – Tél. : +32 2 702 52 20 – E-mail : email@example.com
10. force majeure
10.1. The occurrence of any event such as, in particular, any interruptions in production, transport or delivery, strikes, lock-outs, embargoes, wars, terrorist attacks or consequences of attacks, shortage of raw materials, epidemics, bad weather and, more generally, any event of a similar nature affecting the parties or their supplier and delaying or rendering impossible the performance of their respective obligations, shall suspend the performance of their respective obligations.
10.2. The party invoking such an event shall notify the other party as soon as possible of the proof of its occurrence. The performance of its obligations will be suspended until notification of the end of the event, it being understood that neither party may claim any compensation from the other party.
10.3. The parties will do everything possible to reduce the difficulties and/or damage caused.
10.4. If the force majeure lasts for more than 60 days, the parties shall make every effort to renegotiate the subsequent performance of the sales contract.
10.5. If no agreement is reached, either party shall have the right to terminate the agreement by giving notice to the other party.
11. general information
11.1. In the event of a dispute over the interpretation of any of the clauses of these General Terms and Conditions, only the French version shall be considered.
11.2. Any appendix included in the offer applies to the Agreement.
11.3. The Company reserves the right to modify all or part of the provisions of the General Conditions at any time. The Company shall inform the Client of this by making the new version of the text of the General Conditions available to the Client. Unless otherwise specified in the information provided to the Client, the provisions of the new version of the General Terms and Conditions shall apply to the contractual relationship between the Company and the Client on the first day of the second month following the date of their communication. If the Client objects to the application of the provisions of the new version of the General Terms and Conditions, the Agreement shall automatically terminate on the first day of the second month following the date of their communication (it being understood that the penultimate version of the General Terms and Conditions shall continue to apply to the contractual relationship between the Client and the Company until the date of termination of the Agreement).
11.4. The invalidity or unenforceability of any of the clauses of these General Terms and Conditions shall not affect the validity or enforceability of the remaining clauses. In such a case, the parties undertake to replace the invalid or unenforceable clause with a valid clause that is the closest in economic terms to the invalid or unenforceable clause.
11.5. The fact that the seller does not avail itself of these general terms and conditions of sale at a given time shall not be interpreted as a waiver of its right to do so at a later date.
11.6 Any communication or notification between the parties shall be validly made by registered letter, fax or e-mail with acknowledgement of receipt, for the seller at its registered office and for the buyer at its registered office or domicile.
11.7 Any dispute relating to, or connected with, the formation, interpretation, performance or termination of the Agreement, which cannot be resolved amicably, shall be settled in accordance with Belgian law and shall be subject to the exclusive jurisdiction of the competent court for the district in which the Company has its registered office.