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Online Generals Terms of Sale



These general conditions are available in Dutch, French and English on the website http://www.bsd.be (hereinafter "WEBSITE"). By accepting these terms in the language in which they are established, the recipient acknowledges a sufficient knowledge of the language.

ARTICLE 1. APPLICABLE TERMS AND CONDITIONS OF SALE

These general terms and conditions are applicable to online sales of the products produced by the SA BELGIAN SWEETS DESIGN for sale through the WEBSITE (hereinafter "PRODUCTS"). These general terms and conditions are concluded between NV BELGIAN SWEETS DESIGN and any natural or legal person, being a consumer or not (hereinafter "CUSTOMMER") who intends to proceed with the purchase through the WEBSITE. "Consumer" means, any natural person who buys a product on the WEBSITE for purposes not related to its professional or commercial activity (hereinafter "CUSTOMER CONSUMMENT"). These general terms and conditions of sale are determinant for the contract of NV Belgian Sweets Design. By agreeing to a contract with NV Belgian Sweets Design, the customer expressly accepts these terms and shall waive, without reservation, its own terms. Any amendment to this contract requires the written approval of the SA Belgian Sweets Design.

ARTICLE 2. IDENTIFICATION OF THE SELLER

NV BELGIAN SWEETS DESIGN
Whose registered office is located at 1480 SAINTES (Belgium), Avenue Zénobe Gramme, 16
Registered in the “Banque Carrefour des Entreprises” under the number 0427.918.567
Telephone: +32 (0) 2 390.09.09
Fax. : +32 (0) 2 390.09.08
E-mail: info@bsd.be
Opening hours: Monday to Thursday from 8.30am to 6pm and on Friday from 8.30am to 5pm except for annual leave and public holidays
Hereinafter called "BSD"

ARTICLE 3. OFFER - CONFIRMATION OF ORDERS

The catalogue of PRODUCTS and their description on the WEBSITE is not an offer and does not bind BSD. The same applies, in general, for all information on the WEBSITE. The PRODUCTS are offered for sale within the limits of available stocks. Pictures of products are not contractual, they are as accurate as possible, but this does not ensure a perfect similarity with the proposed PRODUCT, including with regard to the colors. Additionally BSD reserves itself the right to modify the PRODUCTS after the order for any useful improvement which can be made. In all cases, the forms remain the property of BSD.
To be truthful and to bind BSD, all online orders should be confirmed by email, containing a resume, by a person who has the consent of BSD, and of which the data should be checked by the CUSTOMER upon receipt. BSD can not be held liable for any errors in the data, such as e-mail, which were communicated by the CUSTOMER.
For comments, questions or complaints relating to the order, the customer can contact BSD via email to info@bsd.be.

ARTICLE 4. PRICE - PAYMENT

4.1. The prices are in euros. The prices are net, free of all duties, taxes, except charges for packaging and shipping. Shipping charges are separately mentioned on the WEBSITE.
The payment takes place exclusively via the secure Ogone platform and in the manner determined by Ogone (www.ogone.be). The billing happens, according to BSD’s choice, either in paper form or electronically in the manner described below, which the CUSTOMER expressly accepts. Electronic invoices will be available for the CUSTOMER via email. BSD guarantees the authenticity of the origin of the invoices, the integrity of the content and the readability. The probative value of these electronic invoices is expressly accepted by the CUSTOMER. A delivery note is attached to the Package. 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.
4.2. 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 €.
4.3. 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.
4.4. 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.
4.5. 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.

ARTICLE 5. - DELIVERY

5.1. Unless otherwise specified, the PRODUCTS are available within 15 working days (except Saturday) after receipt of payment by the CUSTOMER in accordance with the abovementioned ARTICLE 4. Delivery times are not binding and confer no right on the part of the CUSTOMER. They are always depending on, amongst other things, the possibility of stocks.
5.2. The delivery takes place at the headquarters of BSD, as mentioned in paragraph 2 above (hereafter "DELIVERY"). The transfer of risks occurs at the time of DELIVERY.
5.3 At the request of the CLIENT, 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, as stated in paragraph 2 above. 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.
In the case of absence of the CUSTOMER at the time of delivery, the products are available to the CUSTOMER at the registered office of the carrier and remain available to him there, unless otherwise stated, for a period of one week after the delivery date. Upon expiration of this period, the products shall be deemed to have been abandoned by the CUSTOMER who undertakes to pay the price as compensation.
5.3. 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 4. BSD also reserves itself the right to charge him all the costs of storage of the PRODUCTS.

ARTICLE 6. RIGHT OF WITHDRAWAL FOR CONSUMER CUSTOMER

6.1. Subject to ARTICLE 6.2. below, the CONSUMER CUSTOMER has the right to notify to BSD that he renounces to the purchase without penalty and without giving any reason, within 14 calendar days from the day after the delivery of the PRODUCT or service contract (hereinafter called "period").
The CUSTOMER CONSUMER who exercises this right, must notify BSD by registered letter, within the period and to the address of its registered office, as stated in paragraph 2 above.
In addition, the CUSTOMER CONSUMER has to, within the period, bring the PRODUCT back or to sent it back at its own expense and risk, in the original package, with all accessories, everything intact, with a copy of the invoice or delivery note at the registered office of BSD, as stated in paragraph 2 above.
Within 30 days of withdrawal in accordance with the preceding paragraphs and on condition that the product, its accessories and original packaging are being returned on time, BSD shall refund the amounts paid by the CUSTOMER CONSUMER, including delivery charges.
In case that the product, its accessories and original package are not returned intact, BSD reserves itself the right to claim damages equal to 20% of the purchase price of the product, with a minimum of 5€.
6.2. Notwithstanding the abovementioned ARTICLE 6.1., when BSD is required to deliver PRODUCTS manufactured according to the specifications of the CONSUMER CUSTOMER, or with a clear personification, or which by their nature can not be returned, or threatens to deteriorate or expire rapidly, the CUSTOMER CONSUMER does not have a right to withdraw the purchase.
6.3. If the CUSTOMER CONSUMMER cancels his order after the expiration of the period specified in ARTICLE 6.1, or does not have a right of withdrawal in accordance to ARTICLE 6.2, BSD reserves itself the right to charge the CUSTOMER CONSUMER the full price as compensation.

ARTICLE 7. GUARANTEE

7.1. GUARANTEE OF PRODUCTS SOLD TO A CUSTOMER CONSUMMER
The CUSTOMER CONSUMER enjoys the statutory guarantee of two years. The content of the guarantee is as follows:
a) the guarantee is a "substantive" guarantee that covers only the lack of conformity of the PRODUCTS, at the time of delivery and occurring within a period of two years from the date of delivery;
b) the CUSTOMER CONSUMER must at the delivery of the PRODUCTS and at its own expense, examine them carefully and report any defects immediately to BSD;
c) are excluded from the guarantee, both direct and indirect damage:
- After delivery caused by the PRODUCTS and to the PRODUCTS,
- Resulting from the use of transport, storage or poor maintenance of the PRODUCT, from the use of materials supplied by the CUSTOMER CONSUMER or by any action of the CUSTOMER CONSUMER who fails to comply with an obligation to act as a prudent and diligent person ,
- 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;
- as a result of the lack of the necessary replacement of parts and / or accessories of the product;
- due to a commercial or professional use of the product;
- due to a modification or reparation by the CUSTOMER CONSUMER itself or by a third party.
The CUSTOMER CONSUMER 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.
d) In case of non-conformity, the CONSUMER CUSTOMER has to:
- immediately stop using the product until the non-conformity is been established on a contradictory basis and on short notice;
- notify BSD at the latest within two months from the date on which the CLIENT CONSUMER discovers the defect, and by means of a registered letter with acknowledgment of receipt and including the following information:
. the references of the PRODUCT;
. the copy of the purchase invoice of the PRODUCT;
. a description of the defect.
- allow BSD to establish the alleged non-conformity and, if necessary to remedy to the problem.
If the discovery of the defect has been done more than six months after delivery, the CUSTOMER CONSUMER is required to prove that the existence of the non-conformity was present at the time of delivery.
e) In case the non-conformity is recognized by BSD or established and charged on her behalf, the CONSUMER CUSTOMER has the right to ask the reparation or replacement of the product, in either case free of charge, unless this is impossible or disproportionate.
If the CUSTOMER CONSUMER has the right to reparation or replacement of the product, the one or the other of these two measures is made within a reasonable time. BSD alone shall determine what reparations and / or replacements are necessary. At the request of BSD or with her prior consent - which never leads to a recognition of liability – the CUSTOMER CONSUMER brings the non-conform PRODUCT back to BSD in its original packaging. The guarantee of the repaired or replaced PRODUCT expires at the end of the guarantee period applicable to the purchased product increased with periods required for the repair or replacement of the product.
If the CUSTOMER CONSUMER does not have the right to a reparation or replacement of the PRODUCT, he / she may ask:
- for a reduction of the price of the PRODUCT, taking into account the use which the CUSTOMER CONSUMER had of the PRODUCT since its delivery;
- to terminate the sale, unless the non-conformity is minor.
f) The guarantee is valid in the country of delivery and is not transferable. The guarantee is, amongst others, not applicable in case of change of ownership.
g) In all cases the guarantee is strictly limited to the contents specified in ARTICLE 7, except for any other damages to which the CONSUMER CUSTOMER, by agreeing to these terms, expressly renounces to.
7.2. GUARANTEE OF ANY PRODUCTS SOLD OTHER THAN CONSUMER CUSTOMERS The products are guaranteed by BSD against visible defects for a period of 3 working days after the date of delivery, and against hidden defects for a period of three months from the date of their delivery.
Sections 7.1. b), c) and d) shall apply to the guarantee of the visible defects and hidden defects for the PRODUCTS sold to persons other than the consumer, with the exception of the period in ARTICLE 7.1. d), second point, which, in virtue of the CUSTOMER who is not a consumer, amounts to two days, under penalty of invalidity of the guarantee.
In case of liability recognized by BSD or established on its behalf, for a visible defect or hidden defects, the liability is strictly limited to the replacement of the product concerned, with the exclusion of all other damages which the CUSTOMER, who gave his consent to these terms and conditions, expressly renounces to.

ARTICLE 8. USE OF THE WEBSITE

8.1. The BSD directors, agents and employees, are not liable for any direct and / or indirect costs of the CUSTOMER in connection with the use of the WEBSITE and / or its content and the web (including defects, viruses, and general damage the user's equipment, loss of data, interruption of service, etc ...).
8.2. The CLIENT undertakes not to make use of the WEBSITE that would lead to any criminal or civil liability. The CUSTOMER commits that he will not spread any illegal information, information contrary to public order or defamatory information through the WEBSITE.
8.3. BSD decides to add and / or remove content or functionality on the WEBSITE.
BSD reserves itself the right, at any time and for any reason, to modify or discontinue the access to the WEBSITE, temporarily or permanently, in whole or in part, without prior notice to the CUSTOMER. This will for instance be the case for the maintenance of the WEBSITE. BSD can not be held liable for any direct or indirect damage resulting from any modification, suspension or termination of access to the WEBSITE for any reason whatsoever.
8.4. Both the domain of the WEBSITE and its form and content are protected by intellectual property rights. This applies in particular to trademarks and logos which appear on the WEBSITE. Their appearance does not confer any license or right to one of the said trademarks and logos without the prior consent of the BSD or any person who is entitled to it.
Unless expressly permitted by BSD, the CUSTOMER is not allowed to modify, reproduce, rent, loan, sell, distribute or create works, including photographs, fully or partly derived elements based on the WEBSITE.
8.5. The BSD SITE contains links to websites that are not owned by BSD. BSD can not be held responsible for the content of these websites or for any consequences of their use.

ARTICLE 9. CONSERVATION AND PROOF OF ELECTRONIC TRANSACTIONS

9.1. The archiving of order forms and invoices is done on a reliable and sustainable platform.
9.2. 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 challenge of 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 10. OBLIGATION OF MEANS


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

ARTICLE 11. 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 12. 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 13. CANCELLATION OF SALE

The cancellation of current sales at the expense and to the detriment of the CUSTOMER, for whatever 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 to compensate BSD for the CUSTOMER for any damage suffered as a result of or in connection with such cancellation.

ARTICLE 14. 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 15. 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 CLIENT 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 performance 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.
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