These terms and conditions of sale govern the use of the website of Confiserie Geldhof NV with company number BE 0424518817 and registered office at Eeklo (hereinafter called ‘the Seller’). The terms and conditions of sale also apply to all reservations or orders made via the webshop of geldhofcuberdons.be. The geldhofcuberdons.be website was commissioned and is managed by the Seller. You are welcome to consult the information free of charge and to print this information for personal use but not for commercial purposes. Minors or any other legally incapacitated persons need to arrange to be represented by their parents or legal representative, who are also bound by these terms and conditions of sale and are required to fill in the order form themselves or to explicitly give the legally incapacitated person permission to do so; any failure to do so shall result in non-acceptance of the order. The provisions set out below in article 11 on the processing of personal data continue to apply in full. By placing an order on the website, you explicitly accept these general terms and conditions of sale as published on the website. Acceptance of the general terms and conditions is required to place an order. By placing an order, you confirm you have read and accept the Seller’s general terms and conditions. The general terms and conditions are always available and can always be consulted via the website. Any order is subject to the general terms and conditions published on the website at the time of ordering, with the exclusion of any older or newer provisions. If any part of these terms and conditions is found to be legally invalid, the remaining terms and conditions shall continue to apply in full. Any matters not explicitly covered in these terms and conditions of sale shall be governed by the provisions of Belgian law. The working language used in the concluded agreements is Dutch. You can always contact the customer service in the event of uncertainty.
2. Offer and ordering
The Seller undertakes to process any orders placed on the website as long as stocks last and in line with the limitations formulated in these terms and conditions. Online orders can only be processed if you have clearly identified yourself in accordance with art. 9.
The Seller reserves the right to reject orders in case of serious suspicions of abuse of rights or bad faith, in case of serious suspicions of commercial purposes which the Seller deems unacceptable or if a certain article is out of stock. An order is only final upon acceptance of these general terms and conditions of sale, the prices and the description of the offer. If you have any questions before or after ordering, feel free to contact geldhofcuberdons.be by email at firstname.lastname@example.org. All questions shall be answered as soon as possible.
The prices we charge are the prices displayed on our website at the time of ordering. All prices quoted include 6% VAT, with the exception of products containing alcohol, greeting cards and shipping and packaging costs, which are subject to 21% VAT. Domestic and international shipping charges are calculated after orders are placed and are displayed before the order is final. You can still cancel the order at that time. Payment is required before delivery. The following payment methods are accepted: Bancontact/Mister Cash, Maestro, MasterCard, Visa, MultiSafePay, SOFORT Banking or bank transfer. If you pay by bank transfer, the order shall only be carried out when full payment has been received. Articles ordered are reserved for a period of seven days. If the Seller does not receive full payment within that period, the order shall be cancelled.
4. Order confirmation
After the system has accepted the aforementioned payment, the Seller shall confirm the order by email.
Freshness and quality come first! As every order is processed in a new production run and carried out with freshly produced goods, delivery may take 3 up to 8 days. A longer delivery time may apply during the annual closure of our production facilities. Possible import and customs duties in case of export to countries outside Europe are at your expense.
6. Right of withdrawal
You have the right to withdraw from this agreement within 14 days without giving any reason. The withdrawal period expires fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. To exercise the right of withdrawal, you must inform us (geldhofcuberdons.be, Tieltsesteenweg 107, 9900 Eeklo, Belgium) of your decision to withdraw from this agreement by means of an unequivocal statement that must be sent by post or by email at email@example.com. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We shall carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you shall not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You shall bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to:
- the supply of goods made to the consumer’s specifications, which are not prefabricated and made on the basis of an individual choice of or decision by the consumer, or which are clearly personalised;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Any problem or shortcoming with regard to the delivery of an article, damage or quality defect needs to be reported in writing within seven days by registered mail to: geldhofcuberdons.be, Tieltsesteenweg 107, 9900 Eeklo, Belgium, or by email to firstname.lastname@example.org. The Seller offers all legally required guarantees. The Seller is not liable for force majeure, accidents, misuse or incorrect handling of an article by you. If the Seller agrees that an article is defective, it shall be exchanged free of charge.
geldhofcuberdons.be guarantees that the goods are packed very carefully and are in perfect condition when leaving our facilities.
8. Signature and evidence
You accept electronic evidence. You are personally and exclusively responsible for the correctness of all information you provide. When placing a first order or reservation online, you must follow the registration procedure. From this point onwards, you only need to log in to place a new order or reservation. Your final order confirmation shall be considered as acceptance of the order at the stated price. Your confirmation shall be tantamount to a signature and shall be considered as explicit acceptance of all operations via the website.
9. Liability for the use of the website
The Seller’s website is intended to provide you with general information about the Seller’s products and activities. The Seller is only under an obligation to use best endeavours in the field of access, ordering process, delivery or other services. The Seller has the right to suspend or discontinue the website either in part or in full for maintenance, updates or any other reason, even without prior notification. The Seller cannot be held liable for any inconvenience or damage resulting from the use of the Internet, any breakdown of the system, any intrusion by outsiders or a virus, for any information placed thereon or processed by third parties or for any fact that can be considered as force majeure.
10. Privacy protection
11. Intellectual property
All parts of the Seller’s website, including the technology used, are the exclusive property of the Seller and are protected by copyright.
If you have your own website and want to create an automatic link between your own site and the Seller's home page, you need to obtain explicit permission from the Seller to do so, even if this link is solely intended for personal use.
12. Jurisdiction and applicable law
This agreement shall be governed by the provisions of Belgian law. The courts of the legal district of Ghent, and possibly the Court of Appeals in Ghent, shall have exclusive jurisdiction to settle any disputes that may arise between the parties.
TERMS AND CONDITIONS OF SALE
1. Only the seller’s terms and conditions of sale apply to the agreements concluded between the seller and the buyer, to the exclusion of the latter’s terms and conditions of sale.
2. In case of non-payment of the invoice on its due date (or if there is no indication of the date of maturity: within 30 days from the date of invoice), a default interest of 8.5% per year as of the invoice date
shall be due by operation of law and without prior notice of default, as well as a fixed compensation to the amount of 10% of the principal sum with a minimum of 125.00 Euros.
3. Any complaint concerning delivered goods must be sent in writing to the seller at the latest within 8 days following the date of delivery and before the goods are cut up, processed, used or sold to third
parties. After expiry of this term complaints shall no longer be admissible and goods shall not be taken back.
The seller’s liability, if any, is in any case limited to half the value of the goods in question, calculated at the invoiced price, whatever the cause of the damage suffered by the buyer.
4. Disputes with regard to the seller’s invoices must be submitted in writing to the seller at the latest within 8 days after dispatch of the invoice, on pain of inadmissibility of the protest.
5. The agreement concluded between the parties is governed by Belgian law. In case of dispute, the courts of the judicial district of Ghent/Eeklo or the courts of the judicial district where the buyer is
domiciled shall have jurisdiction, as desired by the seller.
6. The seller remains the owner of the sold goods until full payment of the purchase price + any additional sums payable by the buyer.
7. The buyer is aware of the fact that the product called ‘cuberdon’ is a perishable product and that it cannot be kept for longer than 8 weeks.
8. In case of late payment of the invoice by the buyer and/or in case of judicial reorganization/bankruptcy the seller shall have the right to terminate the cooperation/agreement, without the buyer being
entitled to any compensation.
In case of late payment of the invoice by the buyer, all other invoices that are not yet due shall become immediately due and payable.
9. The risk between seller and buyer passes to the buyer at the moment the goods are dispatched by the seller.
10. Specifications and offers are based on the prevailing values of wages, base materials and services. If they change, we reserve the right to adjust our prices accordingly.
11. Delivery terms are merely stated by way of information. They have no binding effect on the seller. Delayed deliveries shall never give rise to compensation or cancellation of the agreement.
12. In the event of cancellation of the order the buyer shall be liable to pay a fixed compensation amounting to 35% of the value of the order, on the understanding that the seller shall have the right to
demand a higher compensation if he can prove that he suffered higher damage.