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1. PREAMBLE AND LEGAL INFORMATION<\/b><\/p>\n
1.1.\u00a0SA DOLFIN (hereinafter, \u201cDOLFIN<\/i>\u201c) is a company\u00a0 under Belgian law active in the field of the\u00a0 manufacture and sale of chocolates and\u00a0 confectionery whose identification details are\u00a0 detailed below:<\/p>\n
Avenue Robert Schuman 172 1.2.\u00a0These terms and conditions govern sales of\u00a0 Chocolates, as defined below, to customers, which\u00a0 are made either:<\/p>\n conditions accessible under the following\u00a0\u00a0<\/p>\n link:\u00a0https:\/\/www.carrefour.fr\/conditions-generales-utilisation-marketplace<\/a><\/p>\n<\/li>\n<\/ul>\n 1.3.\u00a0These general terms and conditions, together with\u00a0 the Summary, the Validation and the Confirmation,\u00a0 form the contract binding the parties, it being\u00a0 specified that in the event of contradiction, the\u00a0 Confirmation prevails over the other documents.\u00a0 No deviation from these terms and conditions will\u00a0 be permitted unless agreed in writing by DOLFIN.\u00a0 The absence of implementation of a clause\u00a0 established in these general conditions cannot be\u00a0 interpreted as a renunciation by DOLFIN to take\u00a0 advantage of it.<\/p>\n 1.4.<\/p>\n DOLFIN reserves the right to modify its terms and\u00a0 conditions at any time. These modifications will only\u00a0 be applicable to orders of\u00a0<\/p>\n Chocolates placed subsequently and only\u00a0 from their acceptance by the customer.<\/p>\n 2. DEFINITIONS<\/b><\/p>\n 2.1.\u00a0\u201cConfirmation<\/b>\u201c: The confirmation of the customer\u2019s\u00a0 order by DOLFIN as detailed in Article 4.4.<\/p>\n 2.2.\u00a0\u201c<\/i>Delivery Date<\/b>\u201c: The date communicated to the\u00a0 Customer on which the Chocolates will be delivered\u00a0 or handed over to the Customer\u2019s appointed carrier\u00a0 (depending on the method chosen by the\u00a0 Customer).<\/p>\n 2.3.\u00a0\u201cChocolates<\/b>\u201c: Chocolates, confectionery and more\u00a0 generally the entirety of the Chocolates and\u00a0 services offered for sale by DOLFIN.<\/p>\n 2.4.<\/p>\n \u201cMarketplace<\/b>\u201c: The online platform accessible\u00a0 from the website\u00a0www.carrefour.fr<\/a>. published by the company\u00a0 CARREFOUR DRIVE.<\/p>\n 2.5.\u00a0\u201cSummary<\/b>\u201c: The summary of the order as detailed\u00a0 in Article 4.2.<\/p>\n 2.6.\u00a0\u201cReceipt<\/b>\u201c: The receipt of the Chocolates by, or on\u00a0 behalf of, the Customer, or the handing over of the\u00a0 Chocolates to the carrier appointed by the\u00a0 Customer.<\/p>\n 2.7.\u00a0\u00a0\u201cWebsite<\/b>\u201d: The website\u00a0www.dolfin.be<\/a><\/p>\n 2.8.\u00a0\u201cValidation<\/b>\u201c: The validation of the order by the\u00a0 customer as detailed in Article 4.3.<\/p>\n 3. DISPLAY PRICES<\/b><\/p>\n 3.1.\u00a0In the interest of full transparency and taking into\u00a0 account the fact that the Website and the\u00a0 Marketplace are intended for both professional and\u00a0 customers (consumers), the prices shown on the\u00a0 Website are indicated in euros, excluding VAT. The\u00a0 prices listed on the Website do not include delivery\u00a0 charges.<\/p>\n 3.2.\u00a0DOLFIN reserves the right to change the prices\u00a0 displayed on the Website at any time. Chocolates\u00a0 and services will always be invoiced on the basis of\u00a0 the rates in force at the time of Validation.<\/p>\n 3.3.\u00a0Before validating their order, the customer will be\u00a0 informed in a clear and comprehensive manner of\u00a0 the total price of the Chocolates, including delivery\u00a0 costs.<\/p>\n 3.4.\u00a0Any order to be delivered outside Belgium may be\u00a0 subject to possible taxes and customs duties that\u00a0 are imposed when the order reaches its destination.<\/p>\n 3.5.\u00a0These customs duties and taxes, if any, related to\u00a0 the delivery of an item are the sole responsibility\u00a0 of the Customer. The Seller is not obliged to check\u00a0 and inform the Customer of the applicable\u00a0 customs duties and taxes. To find out what these\u00a0 are, the Seller advises the Customer to contact\u00a0 the competent authorities in his country.<\/p>\n 4. ORDERS<\/b><\/p>\n 4.1.\u00a0Chocolates can be ordered online 24 hours a day on\u00a0 the Website or the Marketplace.<\/p>\n 4.2.<\/p>\n Before validating their order, the customer receives\u00a0 a summary of their order (hereafter the\u00a0\u201cSummary<\/i>\u201c. The Summary includes at least the\u00a0 Chocolates ordered, the delivery address and the\u00a0 total price of the Chocolates including delivery\u00a0 costs.<\/p>\n 4.3.<\/p>\n By clicking to validate the order on the basis of the\u00a0 Summary, the customer explicitly acknowledges\u00a0 that the order of Chocolates implies an obligation\u00a0to pay and that the order is final (hereinafter\u00a0 \u201cValidation<\/i>\u201c).<\/p>\n 4.4.\u00a0DOLFIN acknowledges receipt of the order and\u00a0 confirms in writing whether or not it has been\u00a0 accepted no later than the 3rd\u00a0working day following\u00a0 the Validation (hereinafter, the \u201cConfirmation<\/i>\u201c).\u00a0 The Confirmation also includes the invoice for\u00a0 payment of the order. If the available stocks do not\u00a0 allow DOLFIN to confirm the order, it will inform the\u00a0 customer by e-mail, or if there is no e-mail address,\u00a0 by telephone. The order will then be automatically\u00a0 cancelled and if the customer\u2019s bank account has\u00a0 been debited, the customer will be reimbursed\u00a0 immediately by the same means.<\/p>\n 4.5.\u00a0Taking into account the fact that Chocolates are\u00a0 perishable foodstuffs that may deteriorate or expire\u00a0 quickly, the customer does not have the right to\u00a0 cancel their order in accordance with the exception\u00a0 provided for in Article VI.73.4\u00b0, even if the contract\u00a0 is concluded at a distance (e.g. via the Internet or e mail) or at a fair, exhibition or show.<\/p>\n 5. PAYMENT<\/b><\/p>\n 5.1.\u00a0There are two available methods of payment:<\/p>\n 5.1.1.\u00a0Either via an online payment service,\u00a0 validated by the customer during the\u00a0 Validation; in this case the customer\u2019s\u00a0 account will only be debited after the\u00a0 Confirmation has been issued;<\/p>\n 5.1.2.\u00a0Or by transfer to the DOLFIN bank account\u00a0 indicated on the invoice attached to the\u00a0 Confirmation.<\/p>\n 5.2.\u00a0Unless otherwise agreed, DOLFIN invoices are\u00a0 payable in cash. All DOLFIN invoices are payable at\u00a0 DOLFIN\u2019s headquarters.<\/p>\n 5.3.\u00a0DOLFIN reserves the right to suspend the delivery of\u00a0 the Chocolates as long as the sale price has not been\u00a0 paid in full.<\/p>\n 5.4.\u00a0Furthermore, taking into account the perishable\u00a0 nature of the Chocolates, if the order has not been\u00a0 paid for within 48 hours of Confirmation, DOLFIN\u00a0 shall have the right to consider that non-payment\u00a0 constitutes a serious breach of contract which\u00a0 justifies, as of right and without prior formal notice,\u00a0 the cancellation of the contract to the detriment of\u00a0 the customer. DOLFIN may exercise this right by\u00a0 notifying the customer in writing of the cancellation\u00a0 of its contract. In such cases:<\/p>\n 5.4.1.\u00a0DOLFIN will be released from its\u00a0 commitments to the customer and will be\u00a0 able to dispose of the chocolates ordered by\u00a0 the customer as it sees fit;<\/p>\n 5.4.2.<\/p>\n The customer will owe DOLFIN an\u00a0 additional indemnity equivalent to\u00a0<\/p>\n 20% of the total price of the Chocolates\u00a0 ordered with a minimum of EUR 50, plus\u00a0 interest at the rate of 1% per month\u00a0 commenced as from the notification of the\u00a0 cancellation sent by DOLFIN to the\u00a0 customer.<\/p>\n 6. TERMS OF DELIVERY AND RECEIPT<\/b><\/p>\n 6.1.\u00a0Unless expressly stated otherwise, delivery times\u00a0 are given as an indication only and may not exceed\u00a0 30 days from the date of confirmation, provided\u00a0 that the customer has complied with their\u00a0 obligations, in particular the payment of their order.\u00a0 Without prejudice to the penalties set out in Article\u00a0 6.5, any delay shall not give rise to a right to refuse\u00a0 Receipt or to damages.<\/p>\n 6.2.\u00a0Two delivery methods of the chocolates are offered\u00a0 to the Customer:<\/p>\n 6.2.1.\u00a0Either DOLFIN is responsible for the\u00a0 delivery. The Chocolates are delivered to\u00a0 the address indicated in the Summary and\u00a0 the transfer of risks takes place at the time\u00a0 of Receipt;<\/p>\n 6.2.2.\u00a0Or the customer chooses to take care of the\u00a0 transport by picking up their order at the\u00a0 place of business. In this case, the handing\u00a0 over of the Chocolates shall be deemed to\u00a0 constitute acceptance and transfer of risk to\u00a0 the customer.<\/p>\n 6.3.\u00a0When the Chocolates are ready to be dispatched,\u00a0 DOLFIN will inform the Customer by e-mail of the\u00a0 Delivery Date.<\/p>\n 6.4.\u00a0DOLFIN declines all responsibility for late delivery or\u00a0 failure to deliver in the event of force majeure or an\u00a0 event beyond its control, which would make the\u00a0 execution of the agreement impossible or more\u00a0 onerous in whole or in part, or in the event of the\u00a0 actions of third parties, such as suppliers of the\u00a0 parties hereto, subcontractors, agents and\u00a0 representatives, or in the event of failure on the\u00a0 part of the customer to comply with its\u00a0 commitments. War, riot, fire, strikes, accidents and\u00a0 the impossibility of being supplied are considered as\u00a0 cases of force majeure releasing DOLFIN from its\u00a0 obligation to deliver. Finally, taking into account\u00a0 storage requirements and in order to guarantee the\u00a0 quality of the Chocolates, DOLFIN may have to\u00a0 suspend deliveries of Chocolates in the event of\u00a0 extreme heat, which is also considered as an event\u00a0 of force majeure. DOLFIN will keep the customer\u00a0 informed in a timely manner of the cases or events\u00a0 listed above.<\/p>\n 6.5.\u00a0Except in the case of force majeure, in the event of\u00a0 a delay in delivery attributable to DOLFIN beyond\u00a0 the period of 30 days for dispatch provided for in\u00a0 Article 6.1. and if delivery has still not taken place\u00a0 within 15 days following the sending of a formal\u00a0 notice by the customer, the latter will have the right\u00a0 (of the same order as that provided for in favour of\u00a0 DOLFIN in Article 5.4.) to consider that the non delivery constitutes a serious breach of contract\u00a0 which justifies, as of right, the cancellation of the\u00a0 contract at the expense of DOLFIN. The customer\u00a0 may exercise this option by notifying DOLFIN in\u00a0 writing of his decision to terminate the contract. In\u00a0 such cases:<\/p>\n 6.5.1.\u00a0The customer will be released from his\u00a0 commitments to DOLFIN, which commits to\u00a0 reimburse the total amount of the\u00a0 Chocolate order within 15 days of\u00a0 notification.<\/p>\n 6.5.2.\u00a0DOLFIN shall owe the customer\u00a0 compensation equivalent to 20% of the\u00a0 total price of the Chocolates ordered with a\u00a0 minimum of EUR 50, plus interest at the rate\u00a0 of 1% per month commenced as from the\u00a0 notification of the cancellation sent by the\u00a0 customer to DOLFIN.<\/p>\n 7. ABSENCE OF THE RIGHT OF WITHDRAWAL, \u00a0RETURNS AND COMPLAINTS<\/b><\/p>\n 7.1.\u00a0As previously mentioned, the customer does not\u00a0 have the right of withdrawal (cf. Art. 4.5.).<\/p>\n
1401 Nivelles
VAT : BE 0437.332.220
Telephone : + 32 (0)2 366 24 24
E-mail :\u00a0info@dolfin.be<\/a><\/p>\n\n