Packaging solutions for the chocolate world since 1985
Customer Service +32 (0)2 390 09 09 16 avenue Zénobe Gramme - B-1480 Saintes
(M/T/W/T 08.30 to 18.00, F 08.30 to 17.00)

GENERAL CONDITIONS OF SALE


    ARTICLE 1. APPLICABLE GENERAL CONDITIONS OF SALE


  • These general terms and conditions are applicable to online sales of the products (hereafter “PRODUCTS”) offered for sale by the SA BELGIAN SWEETS DESIGN (hereafter “BSD”), with exception of online sale for which general and special terms are applicable.

  • These general conditions and the special conditions are crucial for the conclusion of the agreement by BSD. By wanting to contract with BSD, the customer expressly agrees to these terms and waives, without reservation, his own conditions. In case of conflict between the general conditions and the special conditions of BSD, the latter shall prevail. Any amendment of this Agreement requires the written consent of BSD.

  • ARTICLE 2. OFFER – CONFIRMATION OF ORDERS


  • The offers are made without commitment. To be effective and binding for BSD, each order needs to be confirmed, by a person authorized by BSD and of which the CUSTOMER should verify the mention. BSD can not be held liable for errors in the data which are being reported to the customer.
  • BSD reserves the right to modify the PRODUCTS after the order to make any useful improvement to the PRODUCTS. In any case, the forms remain the property of BSD.
    The CUSTOMER shall not transfer this contract without the prior written consent of BSD.

  • ARTICLE 3. PRICE – PAYMENT


  • 3.1 The prices are in euros. The prices are net, free of all duties, taxes, except charges for packaging and shipping. nvoices are, unless stated otherwise payable in cash and without discount at the headquarters of BSD. If the price does not amount up to 150,00€ excl. VAT, a supplement of 10.00€ administration fee can be charged. Any person who orders PRODUCTS with the instruction to charge it to a third party remains personally liable for the full payment. Any comment on the invoice must be reported to BSD by registered letter within 5 days, otherwise the invoice and delivery connected to it, will be deemed to have been accepted without any reservation.

  • 3.2. 3.2 By lack of payment of an invoice, a debit note or a bill on the due date, this leads simultaneously, automatically and without prior notice to the payment of:
    a) the debiting of default interest at a contractual rate of 12%,
    b) the debit, by way of a fixed and irreducible compensation for administrative costs, to an amount equal to 15% of the outstanding principal amount, with a minimum of 50 €.

  • 3.3 Any delay in the payment of amounts due under this agreement or any other agreement between the parties, enables BSD as well, without prior notice:
    a) to require immediate payment, without discount, of all amounts under both this agreement and any other agreement,
    b) to terminate partly or completely the abovementioned agreements.

  • 3.4 Notwithstanding article 1583 of the Civil Code, the PRODUCTS remain the property of BSD until full payment of all amounts of the principal sum, the interests and accessories. Therefore, the CUSTOMER agrees formally and irrevocably to not use the supplied PRODUCTS as long as the total amount is not fully and irrevocably paid. In case of late payment, for any reason whatsoever, the CUSTOMER agrees to return the PRODUCTS on first simple request from BSD, and the CUSTOMER allows BSD to take the PRODUCTS back without prior notice.

  • 3.5 BSD reserves itself the right to refuse delivery or to terminate any agreement between the parties in case of late payment or of change of status of the CUSTOMER.

  • 3.6 No complaints of any kind, frees the CUSTOMER from respecting the terms of payment, even if the complaint is being taken into consideration by BSD.

  • ARTICLE 4. DELIVERY


  • 4.1 Delivery times are not binding and confer no right to the CUSTOMER. They are always depending on, amongst other things, the stock possibilities and the supply possibilities.

  • 4.2 The delivery takes place at the headquarters of BSD (hereafter “DELIVERY”). The transfer of risks occurs at the time of DELIVERY.

  • 4.3 At the request of the CUSTOMER, the delivery can take place, at the address indicated by the customer in its order and included in the summary of the order sent by BSD, and of which the CUSTOMER has to check the accuracy upon receipt. Deliveries are carried out by BSD according to the method of choice. Delivery of PRODUCTS takes place at the expense and risks of the CUSTOMER and from the moment that the products leave the registered office of BSD.
    BSD can not, in any circumstances or for any reason whatsoever, be held liable for theft, loss or damage that may arise from or during transport or delivery of the PRODUCTS of which only the CUSTOMER is considered to bear the consequences.

  • 4.4 In case of failure or delay of delivery due to facts that are attributed to the CUSTOMER, the CUSTOMER remains liable for the payment of the order in accordance with Article 3. BSD also reserves itself the right to charge him all the costs of storage of the PRODUCTS.

  • ARTICLE 5. GUARANTEE


  • 5.1 The products are guaranteed against the visible defects for a period of three working days from the date of delivery and against hidden defects for a period of three months from the date of their delivery.

  • 5.2 The CUSTOMER must at the delivery of the PRODUCTS examine them carefully at his/her own expense and immediately report any defects to BSD.

  • 5.3 Are excluded from the guarantee, both direct and indirect damage:
    1. - after delivery caused by the PRODUCTS and to the PRODUCTS,
    2. - resulting from the use of transport, storage or poor maintenance of the PRODUCT, from the use of materials supplied by the CUSTOMER or by any action of the CUSTOMER who fails to comply with an obligation to act as a prudent and diligent person ,
    3. - whose cause is external to the product like an act of sabotage, vandalism, terrorism or natural disasters (such as floods or earthquakes) or other cases of force majeure;
    4. - as a result of the lack of the necessary replacement of parts and / or accessories of the product;
    5. - due to a commercial or professional use of the product;
    6. - due to a modification or reparation by the CUSTOMER itself or by a third party

    The CUSTOMER guarantees BSD against any claim, action or claim by a third party against BSD due to direct and / or indirect damage suffered by him in one or more of the above cases, and which leads to an exclusion of the guarantee.

  • 5.4 In case of defect, the CUSTOMER shall:
    1. - immediately stop using the product until the non-conformity is being established on a contradictory basis and on short notice;
    2. - inform BSD immediately by means of a registered letter with acknowledgment of receipt and by communicating the following information:
      1. - the references of the PRODUCT;
      2. - the copy of the purchase invoice of the PRODUCT
      3. - a description of the defect.
    3. - allow BSD to establish the alleged non-conformity and, if necessary to remedy to the problem

  • 5.5 In case of liability recognized or established by BSD, for the visible defect or the hidden defect, this liability is strictly limited to the replacement of the concerned PRODUCT, with the exclusion of other damages to which the CLIENT, by adhering to these conditions, expressly renounces.

  • ARTICLE 6. CONSERVATION AND PROOF OF ELECTRONICAL TRANSACTIONS


  • 6.1 The archiving of order forms and invoices is done on a reliable and sustainable platform..

  • 6.2 The parties accept electronic evidence. The CUSTOMER agrees in particular with the use of invoices, purchase orders and electronic contracts. The CUSTOMER waives any kind of objection regarding the electronic form and the original character of these documents, including the objection with regard to data guaranteeing the authenticity of the origin and integrity of the content of electronic documents. The computerized records that are stored in the computer systems of BSD and its partners in reasonably safe conditions will be considered proof of the communications, orders and payments between the parties.

  • ARTICLE 7. OBLIGATION OF MEANS


  • BSD has for all stages of the order process, the delivery or subsequent services, only an obligation of means, which the CUSTOMER expressly accepts.

  • ARTICLE 8. PRIVACY


  • The data of the CUSTOMER are processed by BSD in accordance with the law of 8 December 1992 on the protection of privacy, for the execution of the order of the CUSTOMER and sending a newsletter or other promotions and marketing campaigns, including information about offers from BSD or its partners. The CUSTOMER shall at all times have the right to access and to rectify personal data and the right to object, free of charge and without giving reasons, to the treatment of the date and their communication by e-mail to the e-mail info@bsd.be.

  • ARTICLE 9. FORCE MAJEURE


  • Cases of fortuitous incidents or force majeure give the right to BSD to suspend and / or terminate the execution of all or part of its obligations and / or the agreement, in whole or in part, without compensation of any kind.
  • For the purposes of this article, shall be considered or treated as force majeure, on the part of BSD, amongst others: war, mobilization, state of emergency, riots, disturbances on public roads, blockade, quotas, partial or total strikes - with a social, political or other origin - legal or wild, lockout, computer crashes and the Internet, epidemic, quarantine, extreme weather conditions - whether or not recognized as a national disaster - fire, explosion, flood, breakdown of machinery in Belgium or abroad which seriously compromises the manufacture, purchase or transport of materials for the manufacture of the products.

  • ARTICLE 10. CANCELLATION


    The cancellation of current sales by the CUSTOMER at his/her expense and to his/her detriment, for any reason, gives a right and this without prior notice to:
    • - the immediate return at the expense of the CUSTOMER of the supplied PRODUCTS that have not been used,
    • - the obligation for the CUSTOMER to compensate BSD for any damage suffered as a result of or in connection with such cancellation.

    ARTICLE 11. NULL AND VOID


  • The provision which violates a statutory or regulatory provision which is imperative or of public order is deemed to be unwritten, but this does not affect the validity of the agreement as a whole, unless such a provision is determinant for the contract itself. Each of the parties will endeavour to promptly and in good faith negotiate a new and valid provision with a similar economic effect, or in any case, with a result that is close to the void provision.

  • ARTICLE 12. CHOICE OF RESIDENCE


  • For anything related to this Agreement, its conclusion, the execution and its effects, each party chooses a residence, for BSD this is the address of its registered office and, for the CUSTOMER at the address of his residence, or if he a legal person, the place where its registered office is located, as indicated on the billing address during the order, and where all communication, notice of judicial or extrajudicial acts may be validly done.

  • ARTICLE 16. DISPUTES


  • This agreement is subject to Belgian law. Any dispute concerning the interpretation, conclusion or execution is the exclusive jurisdiction of the courts of the judicial district of Nivelles. The clause of designation of the competent court is written in favor of BSD, who only can waive it.
Cash and carry
Discover our 3000m² showroow where you can buy more than 4000 stock items in the cash and carry spirit
Read more
Contact us
You have a special inquiry, contact us.
Newsletter signup
We accept