General terms and conditions
Buelens Bakery bv
Overwinningsstraat 150, 2830 Willebroek
BE 0474 943 078
ARTICLE 1: GENERAL PROVISIONS
The e-commerce website of Bakkerij Buelens bv a private company with registered office at Overwinningsstraat 150 2830 Willebroek, BTW BE 0474 943 078, RPR Mechelen, Bakkerij Buelens offers its customers the possibility to purchase the products from its webshop online.
These General Terms and Conditions (“Terms and Conditions”) apply to any order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the Bakkerij Buelens webshop the Customer must expressly accept these Conditions, by which he agrees to the applicability of these Conditions, to the exclusion of all other conditions. Additional conditions of the Customer are excluded, unless these have been accepted in advance, in writing and explicitly by Bakkerij Buelens bv.
ARTICLE 2: PRICE
All mentioned prices are expressed in EURO, always including VAT and all other taxes or duties to be borne by the Customer.
If delivery, reservation or administrative costs are charged, this will be stated separately.
The indication of price refers exclusively to the articles as described verbatim. The accompanying photographs are intended for decorative purposes and may contain elements that are not included in the price.
ARTICLE 3: OFFER
Despite the fact that the online catalog and the e-commerce website are compiled with the greatest possible care, it is still possible that the information provided is incomplete, contains material errors, or is not up to date. Obvious mistakes or errors in the offer do not bind Bakkerij Buelens bv. With regard to the accuracy and completeness of the information offered Bakkerij Buelens bv is only bound by an obligation of means. Bakkerij Buelens bv is in no event liable in the event of manifest material errors, typesetting or printing errors.
If the Customer has specific questions about e.g. sizes, color, availability, delivery period or delivery method, we request the Customer to contact our customer service in advance.
The offer is always valid as long as stocks last and can at all times be adjusted or withdrawn by Bakkerij Buelens bv. Bakkerij Buelens bv cannot be held liable for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
ARTICLE 4: ONLINE PURCHASES
Indicate how many pieces you want
Go to basket and confirm your order
Checkout via our partner mollie
The Customer has the choice between the following payment methods
– by bank card
Bakkerij Buelens bv is entitled to refuse an order as a result of a serious failure on the part of the Customer with regard to orders in which the Customer is involved.
ARTICLE 5: DELIVERY AND PERFORMANCE OF THE CONTRACT
The production of the whisky pralines takes place exclusively at Bakkerij Buelens, for shipping and delivery we work together with shop we do.
Delivery is in normal circumstances in Belgium and the Netherlands, ordered before 22 h. For other countries in normal circumstances within 72 h. following the day of order.
Delivery costs depend on location and can be adjusted at any time.
Items ordered through this webshop are delivered in Belgium, the Netherlands, Luxembourg, other countries on request.
Unless otherwise agreed or expressly stipulated, the goods will be delivered to the Customer’s place of residence within 30 days of receipt of the order.
Every visible damage and/or qualitative defect of an article or other shortcoming in the delivery must be reported by the Customer to Bakkerij Buelens bv without delay.
The risk on account of loss or damage will pass to the Customer from the time that he (or a third party designated by him, which is not the carrier) has taken physical possession of the goods. However, the risk will already pass to the Customer upon delivery to the carrier if the carrier has been instructed by the Customer to transport the goods and this choice was not offered by Bakkerij Buelens bv.
ARTICLE 6: RETENTION OF TITLE
The delivered articles remain the exclusive property of Bakkerij Buelens bv until the moment of full payment by the Customer.
If necessary, the Customer undertakes to draw the attention of third parties to Bakkerij Buelens bv’s retention of title, e.g. to anyone who would seize the articles that have not yet been paid for in full.
ARTICLE 7: RIGHT OF WITHDRAWAL
The provisions of this article only apply to Customers who, in their capacity as consumers, purchase articles online from […].
The Customer has the right to withdraw from the contract within a period of 14 calendar days without giving reasons.
The revocation period expires 14 calendar days after the day
“of the conclusion of the agreement”;
In order to exercise the right of withdrawal, the Customer must inform Bakkerij Buelens bv overwinningsstraat 150,2830 Willebroek Belgium 00328866011 ,[email protected] of his decision to withdraw from the contract by means of an unequivocal statement (e.g. in writing by post, fax or e-mail). For this purpose, the Customer may use the attached model revocation form, but shall not be obliged to do so.
In order to comply with the revocation deadline, the Customer must send his notice concerning his exercise of the right of revocation before the revocation deadline has expired.
The Customer must return or hand over the goods to Bakkerij Buelens bv or to Bakkerij Buelens bv overwinningsstraat 150 2830 Willebroek without delay, but in any event no later than 14 calendar days after the day on which he has communicated his decision to withdraw from the contract to Bakkerij Buelens bv or to Bakkerij Buelens bv overwinningsstraat 150 2830 Willebroek or to Bakkerij Buelens bv before the period of 14 calendar days has expired.
The direct costs of returning the goods will be borne by the Customer.
The Customer is requested to return the items in their original condition and packaging, including all accessories supplied with them, and instructions for use. In the event that the value of the returned product has been reduced in any way, […] reserves the right to hold the Customer liable and to claim compensation for any reduction in the value of the goods resulting from the Customer’s use of the goods beyond what is necessary to establish the nature, characteristics and operation of the goods.
All returned items shall be carefully examined. The principle herein is that the consumer may only inspect the item as he would be permitted to do in a store. Returned items may be fitted, but may not have been used. If an item is impaired due to the Customer’s use, this will be charged to the Customer.
If the Customer cancels the contract, Bakkerij Buelens bv will refund to the Customer all payments received from the Customer up to that time, including the standard delivery costs, within a maximum of 14 calendar days after Bakkerij Buelens bv has been informed of the Customer’s decision to cancel the contract. In the case of sales contracts, Bakkerij Buelens bv may wait with the refund until he has received back all the goods, or until the Customer has demonstrated that he has returned the goods, whichever time falls first.
Any additional costs as a result of the Customer’s choice of a method of delivery other than the cheapest standard delivery offered by Bakkerij Buelens bv will not be refunded.
Bakkerij Buelens bv will refund the Customer using the same means of payment with which the Customer carried out the original transaction, unless the Customer has expressly agreed otherwise; in any event the Customer will not be charged any costs for such refund.
The Customer cannot exercise the right of withdrawal for:
– the delivery or provision of goods or services of which the price is linked to fluctuations in the financial market on which Bakkerij Buelens bv has no influence and which may occur within the revocation period;
– the delivery of goods made in accordance with the Customer’s specifications, or which are clearly intended for a specific person;
– the delivery of goods that spoil quickly or have a limited shelf life;
– the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
– the delivery of goods which, by their nature, have been irrevocably mixed with other products after delivery;
– the delivery of alcoholic beverages, the price of which was agreed upon at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on fluctuations in the market over which the company has no influence;
ARTICLE 8: WARRANTY
Under the Act of September 21, 2004 on the protection of consumers when selling consumer goods, consumers have legal rights. This legal guarantee applies from the date of delivery to the first owner. Any commercial guarantee does not affect these rights.
In order to benefit from the guarantee, the Customer must be able to present proof of purchase. Customers are advised to keep the original packaging of the goods.
For articles purchased online and delivered to the Customer’s home, the Customer must contact Bakkerij Buelens bv Customer Service and return the article to Bakkerij Buelens bv at his expense.
If a defect is established, the Customer must inform Bakkerij Buelens bv as soon as possible. In any event, any defect must be reported by the Customer within a period of 2 days after it has been ascertained. After this period any right to repair or replacement will lapse.
The (commercial and/or statutory) warranty never applies to defects that arise as a result of accidents, neglect, falls, use of the article contrary to the purpose for which it was designed, failure to comply with the instructions for use or manual, adjustments or modifications to the article, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.
Defects that manifest themselves after a period of 6 months following the date of purchase, where applicable delivery, are deemed not to be hidden defects, subject to proof to the contrary by the Customer.
ARTICLE 9: CUSTOMER SERVICE
The customer service of Bakkerij Buelens bv can be reached at telephone number +3238866011, by e-mail at [email protected] or by post at the following address overwinningsstraat 150 2830 Willebroek. Any complaints can be directed to this address.
ARTICLE 10: SANCTIONS FOR NON-PAYMENT
Without prejudice to the exercise of other rights available to Bakkerij Buelens bv, in the event of non-payment or late payment the Customer will owe interest of 10% per annum on the unpaid amount from the date of the default by operation of law and without a reminder. In addition, the Customer will automatically and without formal notice owe a fixed compensation of 10% on the amount concerned, with a minimum of EUR 25 per invoice.
Without prejudice to the above, Bakkerij Buelens bv reserves the right to take back the articles that have not (fully) been paid for.
ARTICLE 11: PRIVACY
The person responsible for processing, Bakkerij Buelens bv, respects the Belgian law of 8 December 1992 relating to the protection of privacy in the processing of personal data.
The personal details provided by you will only be used for the following purposes: performance of the contract, processing of the order.
You have a legal right of access and possible correction of your personal data. Subject to proof of identity (copy of identity card) you can obtain the written communication of your personal data free of charge by means of a written, dated and signed request to Bakkerij Buelens bv overwinningsstraat 150,2830 Willebroek. If necessary, you can also ask to correct data that is incorrect, incomplete or irrelevant.
We treat your data as confidential information and will not pass it on, rent or sell it to third parties.
The customer is responsible for keeping his login details confidential and the use of his password. Your password is stored in encrypted form, so Bakkerij Buelens bv has no access to your password.
Bakkerij Buelens bv keeps online (anonymous) visitor statistics in order to be able to see which pages of the website are visited and to what extent.
If you have any questions about this privacy statement, please contact us at 03/8866011.
During a visit to the site, ‘cookies’ may be placed on your computer’s hard drive. A cookie is a text file that is placed by a website’s server in your computer’s browser or on your mobile device when you consult a website. Cookies cannot be used to identify individuals; a cookie can only identify a machine.
You can set your Internet browser not to accept cookies, to warn you when a cookie is installed or to remove cookies from your hard drive afterwards. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphical elements may not appear correctly, or that you will not be able to use certain applications.
ARTICLE 13: IMPAIRMENT OF VALIDITY – NON RENUNCIATION
If any provision of these Terms and Conditions is declared invalid, unlawful or void, this shall in no way affect the validity, legality and applicability of the other provisions.
Failure at any time by Bakkerij Buelens bv to enforce one of the rights listed in these Conditions, or to exercise any right thereof, will never be regarded as a renunciation of such provision and will never affect the validity of these rights.
ARTICLE 14: AMENDMENT OF CONDITIONS
These Conditions are supplemented by other conditions to which explicit reference is made and the General Conditions of Sale of Bakkerij Buelens bv in the event of conflict, these Conditions take precedence.
CLAUSE 15: EVIDENCE
The Customer accepts that electronic communications and backups may serve as evidence.
ARTICLE 16: APPLICABLE LAW – DISPUTES
Belgian law is applicable, with the exception of the provisions of private international law on applicable law.
The courts of the Consumer’s place of residence have jurisdiction in the event of legal disputes. The Consumer may also contact the ODR platform via http://ec.europa.eu/consumers/odr/