GENERAL CONDITIONS APPLICABLE TO SALES TO CONSUMERS
Article 1: Scope of application
The present general conditions of sale (the ‘Conditions’) are applicable to any order placed by the client (the ‘Client’) on the www.bonwithlove.com website or order.bonwithlove.com (the ‘Site’) with Delijious SA, which has its head office at 203 Avenue Louise, VAT number BE 0882.854.408 (the ‘Vendor’). The Conditions exclude, unless they are otherwise accepted in writing by the Vendor, all the general and particular conditions of the Client. The Client recognises that he/she is aware of the Conditions and has had the chance to keep them and to copy them. The Vendor reserves the right to amend the Conditions and, in case of amendment, the Conditions in force on the day of the order will be applied. Any placement of an order equates to acceptance of the Conditions without any reservations.
Article 2: Orders
Any order via the Site assumes prior registration in view of the creation of a client account. The order will be confirmed by email to the Client. The Client is responsible for the accuracy of the terms of his/her order, of his/her contact details and of the desired date of, time of and address for delivery.
Article 3: Price and payment
All the prices and payment conditions are mentioned on the Vendor’s Site. Barring any contrary stipulation, the prices are understood as including VAT and the invoices are payable in euro in full, online. Payment on delivery can be envisaged subject to the prior agreement of the Vendor. The price of the goods does not include the delivery costs, which are clearly marked in the confirmation of the order (12 euro for any order less than 100 euro). The orders must be paid in full. No compensation is possible.
Article 4: Products
The products provided by the Vendor are provided subject to available stocks. In the event that stocks run out, the Vendor will notify the Client in order to suggest to him/her to choose another product or to deduct the price of the product that is not available from the amount of the invoice or to proceed to a refund, depending on the case.
Article 5: Delivery
The goods are delivered to the address indicated by the Client on Belgian territory in the ‘Your delivery address’ area to be filled in. The time slots during which the orders can be delivered are also indicated on the Vendor’s Site in the ‘Delivery time slot’ area to be filled in. The Vendor will do his/her best to respect the time and deadline for delivery requested by the Client, who will however accept some leeway of a maximum of fifteen minutes, barring prior agreement in writing, and who recognises that deadlines may not be respected due to unpredictable circumstances and ones that are independent of the Vendor’s will (accident, strike, works etc.). If the delivery becomes definitively impossible following force majeure, the sale will be automatically cancelled.
Article 6: Absence of the right of withdrawal
Given that they are perishable commodities, the Client does not have the right to withdraw.
Article 7: Penalty in case of failure to respect contractual obligations
Any amount not paid by its deadline will generate, automatically and without prior formal demand, interest of 1.5% per month, to be increased by a fixed compensation of 15% of the amount due, with a minimum of 25 euro by way of damages and interest. In addition, the Vendor reserves the right to suspend any delivery in case of non payment when payment is due. In the event of judicial recovery of an invoice, the Client will also owe reasonable recovery costs such as lawyer’s fees and internal administrative costs.
Article 8: Claims
The Vendor undertakes that the products conform to the registered order. Any claim concerning a delivery that is claimed not to conform to the order must be made within two hours of the delivery. Once this time period is over, no claim will be admitted. The Client will keep the goods to allow the Vendor to check the validity of the claim. In case of proven non-conformity, the Vendor undertakes, by his/her choice, either to deliver a new order or to reimburse the amount paid by the Client. Any claim concerning the invoicing can only be taken into account within a time period of eight days following the delivery.
Article 9: Liability
The liability of the Vendor will not be triggered in the event of harm related to the use of the internet network, in particular an interruption to the service, hacking, the presence of an IT bug, the fraudulent use of a bank card etc.
Article 10: Protection of personal data
The Vendor collects, uses and disseminates the personal data relating to the Client in accordance with the law of 8 December 1992 relating to the protection of private life with regard to the treatment of personal data, for the purpose of processing orders. The Vendor, acting as the person responsible for the processing, can communicate this personal information to companies to which he/she is linked within the European Union and to agents and other third parties that he/she calls on to carry out services. The Vendor uses adequate protection measures to protect the personal data. The Client can consult his/her information and, if need be, amend it or delete it. The Client also has the right to freely oppose his/her personal data being processed for direct marketing purposes.
Article 11: Applicable law and competent jurisdictions
The Conditions are subject to Belgian law. In the event of a dispute between the Vendor and a Client, the courts of Brussels (in the French language) will alone be competent.