TERMS AND CONDITIONS OF SALE
1. PREAMBLE AND LEGAL INFORMATION
1.1. SA DOLFIN (hereinafter, “DOLFIN“) is a company under Belgian law active in the field of the manufacture and sale of chocolates and confectionery whose identification details are detailed below:
Avenue Robert Schuman 172
VAT : BE 0437.332.220
Telephone : + 32 (0)2 366 24 24
E-mail : firstname.lastname@example.org
1.2. These terms and conditions govern sales of Chocolates, as defined below, to customers, which are made either:
- On the website;
- Or on the Marketplace, the operation of which is governed by the general
conditions accessible under the following
1.3. These general terms and conditions, together with the Summary, the Validation and the Confirmation, form the contract binding the parties, it being specified that in the event of contradiction, the Confirmation prevails over the other documents. No deviation from these terms and conditions will be permitted unless agreed in writing by DOLFIN. The absence of implementation of a clause established in these general conditions cannot be interpreted as a renunciation by DOLFIN to take advantage of it.
DOLFIN reserves the right to modify its terms and conditions at any time. These modifications will only be applicable to orders of
Chocolates placed subsequently and only from their acceptance by the customer.
2.1. “Confirmation“: The confirmation of the customer’s order by DOLFIN as detailed in Article 4.4.
2.2. “Delivery Date“: The date communicated to the Customer on which the Chocolates will be delivered or handed over to the Customer’s appointed carrier (depending on the method chosen by the Customer).
2.3. “Chocolates“: Chocolates, confectionery and more generally the entirety of the Chocolates and services offered for sale by DOLFIN.
“Marketplace“: The online platform accessible from the website www.carrefour.fr. published by the company CARREFOUR DRIVE.
2.5. “Summary“: The summary of the order as detailed in Article 4.2.
2.6. “Receipt“: The receipt of the Chocolates by, or on behalf of, the Customer, or the handing over of the Chocolates to the carrier appointed by the Customer.
2.7. “Website”: The website www.dolfin.be
2.8. “Validation“: The validation of the order by the customer as detailed in Article 4.3.
3. DISPLAY PRICES
3.1. In the interest of full transparency and taking into account the fact that the Website and the Marketplace are intended for both professional and customers (consumers), the prices shown on the Website are indicated in euros, excluding VAT. The prices listed on the Website do not include delivery charges.
3.2. DOLFIN reserves the right to change the prices displayed on the Website at any time. Chocolates and services will always be invoiced on the basis of the rates in force at the time of Validation.
3.3. Before validating their order, the customer will be informed in a clear and comprehensive manner of the total price of the Chocolates, including delivery costs.
3.4. Any order to be delivered outside Belgium may be subject to possible taxes and customs duties that are imposed when the order reaches its destination.
3.5. These customs duties and taxes, if any, related to the delivery of an item are the sole responsibility of the Customer. The Seller is not obliged to check and inform the Customer of the applicable customs duties and taxes. To find out what these are, the Seller advises the Customer to contact the competent authorities in his country.
4.1. Chocolates can be ordered online 24 hours a day on the Website or the Marketplace.
Before validating their order, the customer receives a summary of their order (hereafter the “Summary“. The Summary includes at least the Chocolates ordered, the delivery address and the total price of the Chocolates including delivery costs.
By clicking to validate the order on the basis of the Summary, the customer explicitly acknowledges that the order of Chocolates implies an obligation to pay and that the order is final (hereinafter “Validation“).
4.4. DOLFIN acknowledges receipt of the order and confirms in writing whether or not it has been accepted no later than the 3rd working day following the Validation (hereinafter, the “Confirmation“). The Confirmation also includes the invoice for payment of the order. If the available stocks do not allow DOLFIN to confirm the order, it will inform the customer by e-mail, or if there is no e-mail address, by telephone. The order will then be automatically cancelled and if the customer’s bank account has been debited, the customer will be reimbursed immediately by the same means.
4.5. Taking into account the fact that Chocolates are perishable foodstuffs that may deteriorate or expire quickly, the customer does not have the right to cancel their order in accordance with the exception provided for in Article VI.73.4°, even if the contract is concluded at a distance (e.g. via the Internet or e mail) or at a fair, exhibition or show.
5.1. There are two available methods of payment:
5.1.1. Either via an online payment service, validated by the customer during the Validation; in this case the customer’s account will only be debited after the Confirmation has been issued;
5.1.2. Or by transfer to the DOLFIN bank account indicated on the invoice attached to the Confirmation.
5.2. Unless otherwise agreed, DOLFIN invoices are payable in cash. All DOLFIN invoices are payable at DOLFIN’s headquarters.
5.3. DOLFIN reserves the right to suspend the delivery of the Chocolates as long as the sale price has not been paid in full.
5.4. Furthermore, taking into account the perishable nature of the Chocolates, if the order has not been paid for within 48 hours of Confirmation, DOLFIN shall have the right to consider that non-payment constitutes a serious breach of contract which justifies, as of right and without prior formal notice, the cancellation of the contract to the detriment of the customer. DOLFIN may exercise this right by notifying the customer in writing of the cancellation of its contract. In such cases:
5.4.1. DOLFIN will be released from its commitments to the customer and will be able to dispose of the chocolates ordered by the customer as it sees fit;
The customer will owe DOLFIN an additional indemnity equivalent to
20% of the total price of the Chocolates ordered with a minimum of EUR 50, plus interest at the rate of 1% per month commenced as from the notification of the cancellation sent by DOLFIN to the customer.
6. TERMS OF DELIVERY AND RECEIPT
6.1. Unless expressly stated otherwise, delivery times are given as an indication only and may not exceed 30 days from the date of confirmation, provided that the customer has complied with their obligations, in particular the payment of their order. Without prejudice to the penalties set out in Article 6.5, any delay shall not give rise to a right to refuse Receipt or to damages.
6.2. Two delivery methods of the chocolates are offered to the Customer:
6.2.1. Either DOLFIN is responsible for the delivery. The Chocolates are delivered to the address indicated in the Summary and the transfer of risks takes place at the time of Receipt;
6.2.2. Or the customer chooses to take care of the transport by picking up their order at the place of business. In this case, the handing over of the Chocolates shall be deemed to constitute acceptance and transfer of risk to the customer.
6.3. When the Chocolates are ready to be dispatched, DOLFIN will inform the Customer by e-mail of the Delivery Date.
6.4. DOLFIN declines all responsibility for late delivery or failure to deliver in the event of force majeure or an event beyond its control, which would make the execution of the agreement impossible or more onerous in whole or in part, or in the event of the actions of third parties, such as suppliers of the parties hereto, subcontractors, agents and representatives, or in the event of failure on the part of the customer to comply with its commitments. War, riot, fire, strikes, accidents and the impossibility of being supplied are considered as cases of force majeure releasing DOLFIN from its obligation to deliver. Finally, taking into account storage requirements and in order to guarantee the quality of the Chocolates, DOLFIN may have to suspend deliveries of Chocolates in the event of extreme heat, which is also considered as an event of force majeure. DOLFIN will keep the customer informed in a timely manner of the cases or events listed above.
6.5. Except in the case of force majeure, in the event of a delay in delivery attributable to DOLFIN beyond the period of 30 days for dispatch provided for in Article 6.1. and if delivery has still not taken place within 15 days following the sending of a formal notice by the customer, the latter will have the right (of the same order as that provided for in favour of DOLFIN in Article 5.4.) to consider that the non delivery constitutes a serious breach of contract which justifies, as of right, the cancellation of the contract at the expense of DOLFIN. The customer may exercise this option by notifying DOLFIN in writing of his decision to terminate the contract. In such cases:
6.5.1. The customer will be released from his commitments to DOLFIN, which commits to reimburse the total amount of the Chocolate order within 15 days of notification.
6.5.2. DOLFIN shall owe the customer compensation equivalent to 20% of the total price of the Chocolates ordered with a minimum of EUR 50, plus interest at the rate of 1% per month commenced as from the notification of the cancellation sent by the customer to DOLFIN.
7. ABSENCE OF THE RIGHT OF WITHDRAWAL, RETURNS AND COMPLAINTS
7.1. As previously mentioned, the customer does not have the right of withdrawal (cf. Art. 4.5.).
7.2. Consequently and without prejudice to Article 8, the return of Chocolates is only accepted for quality reasons. If this is the case, we would ask you to send an e-mail to our customer service department at email@example.com with photos of the chocolates and the packaging. The return request will only be accepted if it is sent within 5 working days of tasting the chocolate. If it is established that the defect falls within the scope of the guarantee, DOLFIN has failed to fulfil its obligations and will make a new delivery of the Chocolates that are the subject of the complaint at its own expense.
The Chocolates sold are delivered as described in the Confirmation. The customer benefits from the legal guarantee of conformity referred to in Articles 1649 bis et seq. of the Civil Code and from the guarantee of hidden defects. DOLFIN recalls that the purpose of the legal guarantee of conformity is to guarantee the customer against any lack of conformity in relation to the description made on the Confirmation.
8.2. The customer is obliged to inform DOLFIN of the existence of a possible lack of conformity as soon as possible and at the latest within 5 working days from the day on which they noticed the defect or could reasonably have done so.
8.3. The seller’s guarantee is excluded when the lack of conformity found is the consequence of deficient storage or, more generally, of a fault committed by the carrier, the customer or a person for whom he is responsible.
The customer undertakes to comply with all the storage requirements for the Chocolates which are essential for maintaining the quality of the Chocolates in accordance with standard practice. In particular, it is imperative to keep the Chocolates away from heat and in a dry place at a temperature of between 10° and 18°. Consequently, if it is proven that a defect in the Chocolates is caused, even partially, by a storage fault, no guarantee will be offered by DOLFIN to the customer.
10. APPLICABLE LAW AND COMPETENT COURTS
The agreements to which these general conditions apply are governed exclusively by Belgian law. Only the courts of the district of Brabant-Wallon (Belgium) are competent in the event of a dispute concerning their interpretation or execution, except for the right of DOLFIN to bring the action as plaintiff before any other court competent by reason of the customer’s domicile.
11. PRIVACY NOTICE
DOLFIN is committed to respecting the privacy of its customers. DOLFIN therefore makes every effort to protect the confidentiality of the personal data collected and to comply with both national legislation on the collection and