1 DEFINITIONS
i. ‘Agreement: Every agreement in which we undertake to provide the Products to you provided that the Terms and Conditions have been complied with;
ii. ‘Consumer’: a consumer within the meaning of article I.1,2° of the Belgian Code of Economic Law, being a natural person acting for purposes that fall outside his trade, business, craft or profession;
iii. ‘Party/Parties’: you and/or us;
iv. ‘Product’: all goods offered for sale on the Website;
v. ‘Professional Customer’: any natural or legal person who enters into an Agreement with us and who acts for purposes that fall within his business or professional activity;
vi. ‘Terms and Conditions’: these terms and conditions that apply to your purchase of Products with us;
vii. ‘We/us/our’: the company as mentioned in article two of these General Terms and Conditions;
viii. ‘Website’: http://www.drchoq.com ;
ix. ‘You/your’: Any natural person or legal entity that is or will be in a contractual relationship of any kind with us, including, but not limited to: Consumers and Professional Customers.
2 OUR IDENTIFICATION
Who we are:
BV Q Chocolate
Entrepotstraat 8
9100 Sint-Niklaas
Belgium
BE 0867.611.649
Contact:
Availability: Monday, Tuesday, Wednesday & Thursday from 8:30 am to 12:30 pm
and from 1:00 pm to 5:00 pm;
Friday from 8:30 am to 12:30 pm
Phone number: +32 3 430 72 70
E-mail address: hello@drchoq.com
3 APPLICATION
3.1 These Terms and Conditions apply to all purchases of our Products. When placing an order, you must expressly accept these Terms and Conditions and agree to their application. These Terms and Conditions apply to the exclusion of any other terms and conditions. Unless they have been expressly accepted by us in writing, any of your general or special terms and conditions are expressly excluded. Notwithstanding the foregoing, these Terms and Conditions do not affect the statutory rights that are compulsorily granted to you under Belgian consumer protection law.
3.2 We reserve the right to amend these Terms and Conditions from time to time. However, the version of these Terms and Conditions that was applicable at the time the order was placed will continue to apply between you and us with regard to the purchase.
4 OFFER AND ACCEPTANCE
4.1 We make all reasonable efforts to make information about the characteristics of the Products and illustrations of the Products as accurate as possible to the extent permitted by technical means. Certain non-substantial characteristics of a Product may on delivery differ from the pictures and descriptions displayed on the Website.
4.2 We cannot guarantee that all Products will be available at all times. Our offer is only valid while stocks last. If you order a Product through the Website 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 that would result from the unavailability of a certain Product. We have the option to apply specific terms and conditions to a particular offer, such as a limited period of validity. Such specific terms and conditions will only apply if expressly communicated in advance of the order.
4.3 We are not bound by an offer if this offer is clearly affected by a mistake or error. Obvious or obvious errors in the quotation, such as obvious inaccuracies, can, to the extent permitted, also be corrected after the conclusion of the contract. We cannot be held liable for any (typing) errors in our prices or conditions.
4.4 Your acceptance of our offer is done by placing the order on our Website. After placing an order, a confirmation of the order will automatically be sent to the e-mail address you provided.
4.5 We reserve the right to refuse an order due to a serious breach by you in relation to the order in which you are involved.
4.6 In accordance with the Belgian Code of Economic Law, the Parties expressly acknowledge that electronic forms of communication create a valid Agreement. We may use any electronic file 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 listed on the Website and are pinned at the time of the order. The indication of the price refers exclusively to the Products as they are described verbatim. The accompanying pictures are decorative and may contain elements that are not included in the price. All prices mentioned there are expressed in EURO and are inclusive of VAT and any other taxes or duties to be borne by you. Any other costs charged will be stated separately.
5.2 We have the right to change the prices at any time, but we undertake to apply the rates indicated on the Website at the time of your order. However, if the price change is due to changes in VAT rates, it will be charged to you.
6 PAYMENT
6.1 In general, each payment will be processed immediately and in full, from the moment you place the order. For the payment of our Products, we accept Visa, Mastercard, Bancontact and iDeal.
6.2 We may extend the payment options in the future. We will take all reasonable measures to ensure the security of your online transactions. We provide security through the use of specialized parties such as authorized 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 general terms and conditions of Mollie, which bears sole responsibility for the correct execution of online payments.
6.4 We postpone our delivery obligations until receipt of full payment of all amounts owed by you. We will at all times retain title to all Products ordered until full payment of all amounts due under the Agreement has been made, whether or not delivery has already taken place.
7 DELIVERY
7.1 We process every order as soon as possible. We make all reasonable efforts to deliver your order within 5 working days.
7.2 It is your responsibility to enable delivery to the agreed place in your presence or in the presence of a third party designated by you. Delivery will be deemed to have taken place once the Products ordered have been offered to you once. If an offered delivery is unsuccessful due to a failure on your part or due to a failure on the part of a third party designated by you, you will bear the full cost of any new delivery attempt.
7.3 We rely on reliable external parties for the delivery, in particular Sendcloud. The use of external parties can influence the delivery. As a result of an undelivered sent order, an investigation will immediately be carried out at the carrier. This takes several days and no refund or other shipment can be made.
7.4 If we are unable to deliver the Products at the agreed time or within 5 working days, you will request delivery within an additional period which is appropriate to the circumstances. If we fail to deliver within the additional period, you will be entitled to terminate the Agreement. In such a case of termination, we will refund all amounts paid as soon as possible and at the latest within fourteen (14) calendar days after termination of the Agreement. Exceeding the delivery period does not give rise to any other compensation.
7.5 Until full payment has been received, the delivered Products remain our exclusive property. However, the risk of loss or damage shall pass to you as soon as you (or a third party designated by you) take physical possession of the Products. Please note, however, that although you will retain ownership of the Product after full payment, you will not retain our intellectual property rights (as referred to in Clause 13 (Intellectual Property). Such intellectual property rights shall at all times remain vested in us or our licensors.
7.6 You undertake, if necessary, to draw the attention of third parties to our above retention of title, e.g. to anyone who would seize items not yet paid for in full. In this regard, you undertake to notify us immediately in writing of any seizure by a third party of the delivered products.
8 RIGHT OF WITHDRAWAL
8.1 Based on the right of withdrawal, the Consumer may renounce the purchase within fourteen (14) calendar days from the day following the delivery of the Product. The Consumer is not obliged to pay any compensation or to state a motive. Of course we would like to hear the feedback so that we can improve our service.
8.2 If the Consumer wishes to exercise the right of withdrawal, this must be notified to us within fourteen (14) calendar days after receipt of the Product. For this purpose, the can inform us by e-mail, in writing and explicitly, and can be sent to hello@drchoq.com.
8.3 If the Consumer invokes the right of withdrawal in accordance with these Terms and Conditions and the legal provisions, we will refund the amount actually paid to the Consumer within fourteen (14) calendar days. We will reimburse the Consumer using the same means of payment with which the Consumer performed the original transaction, unless the Consumer has expressly agreed otherwise. In any event, no charge will be made for the refund.
8.4 If the Consumer uses the right of withdrawal, the Consumer is responsible for the costs of returning the Products. Even if the Products cannot be returned by regular mail due to their nature, the Consumer is responsible for the cost of returning the Products. The Consumer shall take all reasonable measures to ensure that the Products reach us in good condition. We reserve the right to charge a reduction in value (e.g. if the packaging has been opened etc.)
8.5 The Consumer has no right of withdrawal in the following cases:
• The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3°);
• The supply of goods which are liable to deteriorate or expire rapidly (Article VI.53, 4° WER);
• The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53, 5° WER);
8.6 The Consumer shall be liable for any reduction in the value of the Products resulting from the handling of the Products which goes beyond what is necessary to determine the nature, characteristics and functioning of the Products. We are entitled to charge the cost of the reduction in value in proportion to the reimbursement.
9 CUSTOMER SERVICE
9.1 We strive to keep our customers satisfied. Our customer service is therefore at your disposal at the telephone number +32 3 430 72 70, by e-mail at customer.service@drchoq.com or by post at the following address Entrepotstraat 8, 9100 Sint-Niklaas. Any questions, complaints or comments about Products, the ordering process or the use of the webshop can be directed to these addresses.
10 LIABILITY
10.1 To the extent permitted, we cannot be held liable for indirect or consequential damages. Unless excluded by mandatory law, we shall only be liable for damage caused by our failure to comply with our obligations if and to the extent that such damage is caused by our willful and serious fault. We are not liable for any other errors.
10.2 Nothing in these Terms and Conditions is intended to exclude or limit your statutory rights. In addition, nothing in these Terms and Conditions 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 Should we nevertheless be held liable, the amount of the compensation will be limited to the total amount paid by you for the Products purchased.
11 PROTECTION OF PERSONAL DATA
11.1 The information provided by you is necessary for the processing, handling and completion of your orders and the drafting of the accounts. If this information is missing, your order cannot be carried out. Submitting incorrect or false personal data is considered a breach of the present Terms and Conditions. Your personal data will only be processed in accordance with our privacy policy (https://drchoq.com/privacy-policy)
12 INTELLECTUAL PROPERTY
12.1 We guarantee to have the necessary rights to offer our Products. All intellectual property rights and derived rights on these Products remain with us and/or the actual entitled party. These intellectual property rights are understood to mean copyright, trademark, design and model rights and/or other (intellectual property) rights, including whether or not patentable technical and/or commercial know-how, methods and concepts.
12.2 The content of the Website is our property. This includes: texts, graphs, photographs, images, moving images, sounds, illustrations and software. The content is protected by copyright or other rights. It is forbidden to copy, publish, reproduce or use this content in any other way without written consent from us.
13 FORCE MAJEURE
13.1 We are not responsible for compliance with our obligations under these Terms and Conditions in the event of force majeure. Force majeure is defined as the situation in which the performance of our obligations is fully or partially, temporarily or otherwise, prevented by circumstances beyond our control.
13.2 In the event of force majeure, these obligations will be suspended, and we will make all reasonable efforts to limit the consequences of the force majeure situation. In the event that the force majeure lasts longer than two (2) months, each Party shall be entitled to terminate the Agreement by giving written notice to the other Party, without the Parties owing each other any compensation (except for the refund of the product paid by you and not delivered).
14 GENERAL
14.1 If any provision of these Terms and Conditions (or part thereof) is declared null, invalid or unenforceable, such nullity, invalidity or unenforceability shall in no way affect the validity or enforceability of the remaining provisions of these Terms and Conditions. In the event of nullity, invalidity or unenforceability, the Parties will, to the fullest 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 and Conditions.
14.2 The fact that we fail to demand the strict application of one of the provisions of these Terms and Conditions cannot be considered as a tacit waiver of our rights and does not prevent us from subsequently demanding strict compliance with these provisions.
14.3 These Terms and Conditions, including any references included in the Terms and Conditions, fully reflect the rights and obligations of the Parties and replace all previous agreements and proposals, both oral and written, including any terms and conditions of the Parties.
14.4 The Terms and Conditions apply at all times and exclusively to all present and future Agreements between the Parties, except in the event of an express deviation. An explicit deviation is only valid to the extent that it is the result of a mutual agreement between you and us that is expressly recorded in writing. Express deviations are only valid to replace or supplement the clauses to which they relate. The other provisions of these Terms and Conditions shall remain in full force and effect.
15 APPLICABLE LAW/COMPETENT COURT
15.1 To the extent permitted by law, all contracts to which these Terms and Conditions apply shall be governed by Belgian law, to the exclusion of the Vienna Convention on Contracts for the International Sale of Goods.
15.2 You may also bring a dispute about these Terms and Conditions before an independent body. More information can be found at: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
15.3 Any dispute concerning the interpretation or application of these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts where our registered office is located, unless another court is mandatorily required by law.