General Terms and Conditions of Sale - Desobry SA Online Shop

Article 1 - Preamble

These general terms and conditions of sale (hereinafter the “Terms”) are entered into between:

Desobry SA, a public limited company under Belgian law, with its registered office at 1, Rue du Vieux Colombier, 7500 Tournai, Belgium, registered with the Crossroads Bank for Enterprises under number 0405.864.232, hereinafter referred to as the “Seller”,
and
any natural or legal person making a purchase via the Seller’s website (hereinafter the “Site”), hereinafter referred to as the “Customer”.

The Customer is either:

  • a consumer within the meaning of the Belgian Code of Economic Law (B2C),
  • or a professional acting in the course of their business activity (B2B).

Article 2 – Purpose and scope

These Terms govern all sales concluded via the Site’s online shop at the time the order is placed, for both consumer Customers and professional Customers.

Contracts are governed by the Terms in force at the time of the order.
The Customer is deemed to have read and accepted the Terms before placing any order.

These Terms may be amended in accordance with Article 13.

These Terms apply regardless of where the Site is accessed, in Belgium or abroad.

They prevail over any other general or specific terms and conditions of the Customer, unless expressly accepted in writing by the Seller.

If any provision of the Terms is declared null and void or unenforceable, the other provisions shall remain fully in force.

Article 3 – Offer and product information

Offers are valid while stocks last and may be amended or withdrawn at any time.

Products are described and presented as accurately as possible, in accordance with applicable legislation.
Photographs and visuals are provided for illustrative purposes only and are not contractually binding. Delivered packaging may differ from the visuals shown online.

The Seller cannot be held liable for obvious typographical, layout, or printing errors.

Article 4 - Prices

Prices displayed on the Site are expressed in euros.

4.1 Consumer Customers (B2C and B2B)

Prices are inclusive of all taxes (VAT included), excluding delivery charges and any ancillary charges, which are indicated separately before the order is confirmed.

Applicable VAT is added in accordance with the legislation in force.

In the event of delivery outside the European Union, customs duties or local taxes may be added; if so, they will be clearly indicated on the invoice and charged to the Customer.

Article 5 - Geographical areas

Sales and deliveries via the Site are limited to Customers residing or established in the following countries:

Belgium, France, Grand Duchy of Luxembourg, the Netherlands, Germany, Great Britain, Ireland, Austria, Spain, Portugal and Italy.

The islands and overseas territories of the aforementioned countries are excluded.

Article 6 – Order and payment

Payment is made exclusively by bank card.

The order is placed according to the steps indicated on the Site.
Once the goods have been ordered, the Customer will receive an order summary and an invitation to pay using the specified payment method.

The sale is concluded only after receipt of full payment.

Payment constitutes confirmation of the Customer’s acceptance of these General Terms and Conditions of Sale.

After payment, the order is prepared for delivery. The Customer will receive confirmation of the purchase and the delivery arrangements chosen by the Customer.

The Seller reserves the right to refuse or cancel any order, in particular in the event of:

  • temporary or permanent unavailability of the products,
  • identification of an erroneous offer,
  • force majeure,
  • suspected fraud or abuse.

Article 7 – Right of withdrawal

7.1 Professional Customers – B2B

There is no statutory right of withdrawal.

7.2 Consumer Customers – B2C

Right of withdrawal – return procedure:

In accordance with the legislation in force, the consumer Customer has a period of 14 calendar days to withdraw, without providing any reason, by clearly notifying the Seller.

The period runs from the day of physical receipt of the product by the consumer Customer or a third party designated by them.

If the consumer Customer exercises their right of withdrawal, they must notify the Seller by sending a registered letter to the following address: Desobry SA Online Shop, 1 Rue du Vieux Colombier, 7500 Tournai, Belgium, or by sending an email to [email protected]

The consumer Customer must then return the product no later than 14 days after communicating their decision to withdraw.

Products must be returned to the following address:
Desobry SA Online Shop – 1 Rue du Vieux Colombier – 7500 Tournai – Belgium

Products must be returned:

  • in their original packaging,
  • undamaged,
  • unopened, unsealed, and not used in any way.
  • accompanied by all accessories, the user manual, as well as
  • the original invoice/delivery note.
  • complete and in perfect condition.

Incomplete, worn, damaged, or soiled goods will not be taken back.

Goods made according to the specific requirements (personalisation, bearing a message, etc.) of the consumer Customer or the professional Customer will not be taken back.

Return shipping costs are borne by the Customer.

For a return, please follow these steps:

  • Step 1: The Customer downloads/prints the withdrawal form – available here – completes it, and sends it to the following address: [email protected].
  • Step 2: The Customer carefully packs the goods they wish to return in the original packaging. They include in the shipping box a copy of the withdrawal form sent by email.
  • Step 3: The Customer affixes the shipping label to the box. This label will contain all the information required for the return to be processed correctly (your details, our delivery address).
  • Step 4: If the goods are in good condition, the Customer will be refunded the VAT-inclusive value of the product shown on the Site (excluding product delivery charges) within 14 days of receipt of the returned goods. Unless the Seller offers to collect the product themselves, the Seller may wait, before making the refund, until they have received the product or proof that the Customer has actually returned the product, whichever occurs first.

For the refund, the Seller uses the same payment method as the one used by the Customer, unless the Customer agrees to another method. The refund is made at no cost to the Customer.

The refund is made within 14 days of receipt of the products, using the same payment method.

Article 8 - Complaints and conformity

8.1 Consumer Customers (B2C)

Any complaint relating to a lack of conformity must be submitted to the Seller immediately and no later than 30 days after the defect is identified, failing which all rights shall be forfeited.

8.2 Professional Customers (B2B)

Any complaint must be made in writing within 3 days of delivery, failing which all rights shall be forfeited.

If you have any questions or complaints regarding the conformity of delivered products, consumer Customers and professional Customers may contact:

  • by post at: Desobry SA Online Shop – 1 Rue du Vieux Colombier – 7500 Tournai – Belgium
  • by email at: [email protected]

Article 9 - Delivery

Products will be delivered only within the geographical areas referred to in Article 5.

Deliveries are made by a professional carrier, against signature upon receipt of the parcel.

The indicated timeframes are purely indicative.

Failure to comply with these delivery timeframes cannot give rise to any claim for damages by the Customer.

If, due to exceptional circumstances, we are unable to ship your order within 15 days following the order confirmation email, you may cancel the order free of charge and a refund will be guaranteed. Any amounts already paid by the Customer will be refunded within 30 days of receipt of the cancellation request.

The Seller reserves the right to split delivery of products depending on their availability. If delivery of an order is split, the last product is delivered within 15 days. Where a product offered on the Site consists of different items, that product is not split for delivery.

The Seller takes great care in packaging products, but cannot prevent biscuits or other products from breaking during transport or being damaged in another way. The Seller’s liability cannot be invoked in this respect. If your order is not delivered on time, you may contact us via [email protected], stating your customer or order number.

You agree that the shipment may be delivered to a person other than the Customer if you are not present at the time of delivery to the address you provided. If no one is present at the time of delivery, the delivery person will leave you a document indicating the address of the post office collection point where you can collect your purchase. In some countries, the delivery person may leave your purchase with your neighbours if they agree to accept the parcel. These delivery conditions are accepted by the Customer at the time payment for the order is made.

Transfer of risk

  • B2C: risk is transferred to the Customer at the time they take physical possession of the product.
  • B2B: risk is transferred at the time the goods are handed over to the carrier.

Article 10 – Warranty and liability

10.1 Consumer Customers (B2C)

Products sold to the consumer Customer benefit from the statutory warranty of conformity provided for by the Belgian Code of Economic Law.

For perishable products, and in particular food products, the warranty applies only up to the minimum durability date or expiry date indicated on the packaging, provided that the consumer Customer has complied with normal and recommended storage conditions.

Subject to mandatory legal provisions, the Seller cannot be held liable for direct or indirect damage resulting from the use or consumption of products after delivery.

The Seller’s liability cannot be engaged in the event of force majeure, accident, misuse, failure to comply with storage conditions, or inappropriate handling of products by the consumer Customer.

10.2 Professional Customers (B2B)

Products sold to the professional Customer are subject only to the statutory warranty applicable between professionals, to the exclusion of any commercial or implied warranty not expressly provided for by law. For perishable products, the warranty is strictly limited to the minimum durability date or expiry date shown on the packaging, subject to compliance with storage and preservation conditions.

To the extent permitted by law, the Seller’s liability is limited to direct and foreseeable damage and cannot be engaged for indirect, consequential, or non-material damage, such as, in particular, loss of business, loss of customers, or loss of turnover.

The Seller’s liability cannot be engaged in the event of force majeure, accident, misuse, processing, inappropriate storage, or failure to comply with the instructions provided by the Seller.

Article 11 - Protection of personal data

The Customer’s personal data are processed by the Seller in accordance with Regulation (EU) 2016/679 (GDPR) and applicable Belgian legislation.

The purposes of the processing, the categories of data concerned, and the Customer’s rights are detailed in the Privacy Policy, available on the Site.

The Customer has a right of access, rectification, and objection, which they may exercise by contacting the Seller.

Article 12 – Contact details

Desobry SA
1, Rue du Vieux Colombier
7500 Tournai – Belgium
E-mail: [email protected]

Article 13 - Amendment of the Terms

The Terms may be amended at any time.
The applicable Terms are those in force on the date of the order.

Article 14 – Evidence

The Customer agrees that electronic communications (e.g. emails), files (e.g. dispatch report) and backup copies may serve as evidence. Electronic communications and computer data constitute valid evidence.

Article 15 – Liability

The Seller’s liability is limited to direct and foreseeable damage, unless otherwise required by mandatory law.

The Customer uses the Site and the online shop at their own risk. The Seller is not responsible for any malfunction or unavailability of the online shop following a technical failure. The Seller is not liable for damage suffered by the Customer as a result of the spread of a virus via the online shop.

Article 16 – Applicable law and jurisdiction

These Terms are governed by Belgian law.

B2C
The consumer Customer may bring proceedings before the competent courts in accordance with the law.

B2B
Any dispute falls within the exclusive jurisdiction of the courts of the judicial district where the Seller’s registered office is located.