1. DEFINITIONS
i. ‘Terms of Sale’: these terms of sale applicable to your purchase of Products from us;
ii. ‘Agreement’: any agreement whereby we undertake to supply the Products to you subject to the Terms of Sale;
iii. ‘Party/Parties’: you and/or us;
iv. ‘Product’: all goods offered for sale on the Website;
v. ‘You/Your’: any natural or legal person who enters into an Agreement with us and who is acting for purposes which fall within the scope of his business or professional activity;
vi. ‘Website’: www.durocdolives.com
vii. ‘We/us/our’: the company as mentioned in article two of these Terms of Sale.
2. OUR IDENTIFICATION
Who are we?
Duroc D’Olives bvba
Smalle Heerweg 160
9080 Lochristi
Belgium
VAT BE 0841.219.632
Contact:
Reachability: every working day between 8h30 and 17h30.
E-mail address: info@durocdolives.be
3. APPLICATION
3.1. These Terms of Sale apply to all purchases of our Products. When placing an order, you must expressly accept and agree to be bound by these Terms of Sale. These Terms of Sale apply to the exclusion of any other terms and conditions. Unless expressly accepted by us in writing, any of your general or special terms and conditions are expressly excluded.
3.2. We reserve the right to amend these Terms of Sale from time to time. However, the version of these Terms of Sale applicable at the time of the order shall remain applicable between you and us with respect to the sale.
4. OFFER AND ACCEPTANCE
4.1. We use reasonable endeavours to ensure that information about the properties of the Products and illustrations of the Products are as accurate as technically possible. Certain non-substantial characteristics of a Product may differ on delivery from the photographs and descriptions appearing on the Site.
4.2. We cannot guarantee that all Products will always be available. Our offer is only valid while stocks last. If you order a Product through the Site that is out of stock, we will inform you as soon as possible by e-mail and you have the right to cancel your order. We are not liable for the temporary or permanent unavailability of a Product on our Website and/or for any damage resulting from the unavailability of a certain Product. We have the possibility to apply specific conditions to a certain offer, such as a limited validity period. Such specific conditions are only applicable if they are communicated explicitly and prior to the order.
4.3. We are not bound by an offer if this offer is clearly affected by a mistake or error. Obvious or abundantly clear errors in the quotation, such as evident inaccuracies, can be corrected even after the conclusion of the contract, insofar as permitted. We cannot be held liable for any (typing) errors in our prices or conditions.
4.4. Your acceptance of our offer occurs by placing the order on our Website. This purchase is binding. We will send a confirmation of the order to the e-mail address provided by you within 2 calendar/working days at the latest.
4.5. If you wish to cancel your order, you must inform us of this in writing as soon as possible. The cancellation is only valid if explicitly accepted by us. In the event of acceptance, we shall only be liable to you for a lump-sum payment equal to 25% of the price of your order. If the Products have already been delivered, cancellation is not possible.
4.6. We reserve the right to refuse an order in case of a serious shortcoming by you regarding the order in which you are involved.
4.7. In accordance with the Belgian Economic Law Code (Wetboek Economisch Recht), the Parties expressly acknowledge that electronic forms of communication will result in a valid Agreement. We may use all electronic files at our disposal, within the limits of the law, to prove the existence of the Agreement. An ordinary, digital or electronically qualified signature is not an essential requirement of proof.
5. OUR PRICES
5.1. The prices of our Products are indicated on the Website and are fixed at the time of the order. The price stated refers exclusively to the Products as described word for word. The accompanying photographs are for decorative purposes only and may contain elements that are not included in the price. All prices quoted are in EURO and are exclusive of VAT and any other taxes or duties. Any other costs charged will be invoiced separately, unless otherwise indicated in writing.
5.2. We have the right to change the prices at any time, but we commit ourselves to apply the prices indicated on the Website at the time of your order. If the price change is due to changes in VAT rates, it will be charged to you.
6. PAYMENT
6.1. In principle, every payment is handled immediately and in full, from the moment you place the order. For the payment of our Products we accept Bancontact – Mister Cash / credit card / iDeal / PayPal.
6.2. We may expand the payment options in the future. We take all reasonable measures to provide security for your online transactions. We ensure security by engaging specialised parties such as recognised credit card issuers and payment partners.
6.3. For the processing of payments we use the external payment platform of Mollie. The necessary security measures are provided. These payments are subject to the Sales Conditions of Mollie, who is solely responsible for the correct execution of the online payments.
6.4. We will postpone our delivery obligations until full payment of all amounts due by you has been received. We shall retain ownership of all ordered Products until full payment of all amounts due under the Contract has been received, whether or not delivery has already taken place.
7. DELIVERY
7.1. We will process each order as quickly as possible. We will make all reasonable efforts to deliver your order within 6 working days.
7.2. It is your responsibility to make delivery at the agreed location in your presence or in the presence of a third party designated by you. A delivery is considered to have taken place as soon as the ordered Products have been offered to you once. If an offered delivery is unsuccessful due to a shortcoming on your part or due to a shortcoming of the third party appointed by you, the possible costs of new delivery attempts will be entirely at your expense.
7.3. We use reliable external parties for the delivery, in particular Q-Logistics. The use of external parties may have an impact on the delivery. As a result of an undelivered order, an investigation is immediately started with the carrier. This will take several days and no refund or reshipment will be possible.
7.4. Until full payment has been made, the delivered Products remain our exclusive property. However, the risk of loss or damage passes to you as soon as the Products are dispatched to you for delivery. We are not responsible for damage or loss caused by transport or incorrect handling during loading and/or unloading.
7.5. If necessary, you shall draw the attention of third parties to our above-mentioned retention of title, e.g. anyone who may come to seize items that have not yet been paid for in full. In this connection you shall undertake to inform us immediately in writing of any seizure of the delivered goods by a third party.
8. GUARANTEE
8.1. If the delivered Products are not in accordance with the requested goods, you must report this to us as soon as possible and certainly within 48 hours after delivery of the Products. This can be done via info@durocdolives.be. We will then ask you to provide us with all necessary information (photographs may be used). You are not entitled to compensation in any form whatsoever if the Products have already been processed or treated.
8.2. In case of hidden defects in the delivered Products, you should report them to us as soon as possible and certainly within 7 days after discovery of the defect, and in any case within 6 months after delivery of the Products. You are not entitled to compensation of any kind if the Products have already been processed or treated.
8.3. If we consider a report to be justified, you are initially entitled to replacement of the Product. If it appears that a replacement is not possible, would be disproportionate for us or would cause serious inconvenience to you, we undertake to grant you an appropriate price reduction or, in the event of serious non-conformity, to rescind the Contract and refund the full price, subject to return of the Product.
9. CUSTOMER SERVICE
9.1. We strive to keep our customers satisfied. Our customer service is therefore available to you by e-mail at info@durocdolives.be or by post at the following address: Duroc d’Olives, Smalle Heerweg 160, 9080 Lochristi, Belgium. Any questions, complaints or comments about Products, the ordering process or the use of the Web Shop can be addressed to them.
10. LIABILITY
10.1. To the extent permitted by law, we shall not be liable for indirect or consequential damages. Unless excluded by mandatory law, we are only liable for damages caused by failure to comply with our obligations if and to the extent these damages are caused by our wilful and serious fault. We are not liable for any other errors.
10.2. Nothing in these Terms of Sale is intended to exclude or limit your statutory rights. Furthermore, nothing in these Terms of Sale is intended to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees); or for fraud or fraudulent misrepresentation.
10.3. If we are found to be liable, the amount of compensation shall be limited to the total amount paid by you for the Products purchased.
11. PROTECTION OF PERSONAL DATA
11.1. The information you provide is necessary for the processing, handling and completion of your orders, and the preparation of accounts. If these data are missing, your order cannot be fulfilled. Providing incorrect or false personal data shall be considered a breach of the present Terms and Conditions of Sale. Your personal data will only be processed in accordance with our privacy policy.
12. INTELLECTUAL PROPERTY
12.1. The contents of the Website are our property. This includes texts, graphics, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to take over, publish, reproduce or use in any other way the content without our written consent.
13. TRANSFER
13.1. We will not be responsible for compliance with our obligations under these Terms of Sale in the event of a force majeure event. Force majeure means the situation in which the performance of our obligations is wholly or partly, temporarily or otherwise, prevented by circumstances beyond our control. The following, in particular, are regarded as force majeure: official animal diseases, government measures, war, revolt, strike, lock-out, fire, machine failure, insufficient supply, interruption of transport or any other circumstances beyond our control that make normal delivery impossible.
13.2. In the event of force majeure, these obligations shall be suspended and we shall make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts for more than [two (2)] months, each Party shall be entitled to rescind the Contract by giving written notice to the other Party, without the Parties owing each other any compensation (except for the reimbursement of the product paid by you and not delivered).
14. GENERAL
14.1. If any provision of these Terms of Sale (or part thereof) is held to be void, invalid or unenforceable, such voidness, invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions of these Terms of Sale. In the event of nullity, invalidity or unenforceability, the Parties shall, to the extent possible, negotiate to replace the null, invalid or unenforceable provision (or part thereof) with an equivalent provision that complies with the spirit of these Terms of Sale.
14.2. Our failure to demand the strict application of any of the provisions of these Terms of Sale may not be construed as a tacit waiver of our rights, nor shall it prevent us from demanding the strict application of these provisions at a later date.
14.3. These Terms of Sale, including any references contained in the Terms of Sale, fully reflect the rights and obligations of the Parties and supersede all previous agreements and proposals, whether oral or written, including any terms and conditions of the Parties.
14.4. The Terms of Sale shall always and exclusively apply to all present and future Agreements between you and us, except in the case of an express deviation. An express deviation shall only be valid to the extent that it is the result of a mutual agreement between you and us expressly recorded in writing. Express deviations are valid only to replace or supplement the clauses to which they relate. The other provisions of these Terms of Sale shall continue to apply in full.
15. APPLICABLE LAW/COMPETENT COURT
15.1. To the extent permitted by law, all agreements to which these Terms of Sale apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
15.2. Any dispute concerning the interpretation or application of these Terms of Sale shall be subject to the exclusive jurisdiction of the courts where our registered office is situated, unless another court is imperatively prescribed by law.