General sales and delivery conditions
1.1. The legal relationship between Sweet Little Belgium bvba, trading as Betty & Albert, with registered office in 3150 HAACHT, Kruineikestraat 123, listed in the KBO and VAT register under number BE0676.788.893 (hereinafter referred to as "Sweet Little Belgium"), and the Customer (jointly referred to as the "Parties") is governed by the present general terms and conditions, possibly supplemented by specific conditions relating to the order (jointly referred to as "the Conditions" or the "agreement"). These Conditions nullify and replace all written or oral contracts, proposals and undertakings relating to the same subject matter and predating the date of the agreement between the parties.
1.2. The Terms and Conditions are deemed to have been accepted by the Customer if the latter has not expressed any objection within a reasonable period of receipt, hereby fixed at 7 calendar days. Acceptance of the Conditions is also inferred from Sweet Little Belgium's normal continuation of services.
1.3. The Terms and Conditions take precedence over the general and/or other conditions of the Customer, even if these stipulate that they are the only ones valid. Deviations from the Conditions are only possible with the prior written consent of Sweet Little Belgium.
2. Realisation of the agreement and transfer of risk
2.1. Commercial documents and offers do not create any obligations on the part of Sweet Little Belgium.
2.2. The contract between Sweet Little Belgium and the customer comes into existence only at the moment that the order is validated by the customer by means of an order confirmation sent by Sweet Little Belgium by e-mail. The confirmation will be sent to the e-mail address provided by the customer. It is the customer's responsibility to ensure that the messages do not end up in their spam folder. Order confirmation is only possible after acceptance of the general terms and conditions and full payment of the ordered goods by the Customer. Sweet Little Belgium remains owner of all goods until full payment has been made.
2.3. The parties explicitly agree that correspondence will mainly take place by email in order to guarantee an efficient and fast operation.
3.1. The sales prices indicated are in euros and do not include VAT or any other government levies. The shipping and delivery costs are, unless stated otherwise, borne by the Customer and are, in addition to the price of the selected products, stated separately and calculated at the end of the order before the order is definitively placed. The shipping and delivery costs may vary from day to day and from order to order. Free pick-up by the Customer is possible at the premises of Sweet Little Belgium to the extent that the Customer has selected this option at the end of the order and after being informed by Sweet Little Belgium by e-mail that the order will be ready for pick-up at the indicated times.
3.2. The price stated relates exclusively to the goods as described verbatim in the product. The accompanying photos are for decorative purposes only and may contain elements that are not included in the price.
4.1. The Customer will receive an invoice for the amount to be paid after execution of the order, without prejudice to Sweet Little Belgium's right to offer one or more advance invoices for payment in advance. Unless otherwise stated or unless the invoice has an expiry date, invoices are payable within 15 calendar days of the invoice date. Advance invoices shall be paid immediately.
4.2. If payment is not made within the stipulated period, the invoice amount including VAT and other costs and levies shall be increased by operation of law and without prior notice of default by interest equal to 1% per month, calculated on the amount still outstanding, whereby each month that has commenced shall be regarded as having elapsed, and a fixed compensation amounting to 10% of the amount of the invoices still unpaid, with a minimum of EUR 150. All collection costs shall also be borne by the defaulting Customer.
4.3. Should the Customer fail to pay one or more outstanding invoices to Sweet Little Belgium, Sweet Little Belgium reserves the right to suspend further deliveries until all outstanding invoices have been settled (including additional damages and interest for delay), or to declare the agreement terminated with immediate effect. In any case, the Customer will owe all amounts for the services rendered and expenses incurred by Sweet Little Belgium. Each non-payment of an overdue invoice also renders all other invoices payable to the same debtor. In case Sweet Little Belgium has explicitly and in writing granted instalment periods, the total outstanding amount is due on demand without any further notice of default as soon as one instalment period has not been respected. All payments will first be charged on the interest already due. In case of non-payment, all amounts due will be claimed by legal means.
4.4. Any protest regarding an invoice must be made by registered letter to Sweet Little Belgium within 7 calendar days of the invoice date. Sweet Little Belgium is entitled to transfer all receivables from the Customer to third parties, as well as to transfer all or part of its own obligations to the Customer, although it remains the guarantor for the proper execution of these obligations. The Customer is entitled to transfer his rights and/or obligations to Sweet Little Belgium to third parties, but not without the prior written consent of these third parties.
4.5. If payment is made by bank transfer, the contract will only come into effect and the order will only be executed upon receipt of the amount transferred. In the meantime, the ordered item will be reserved for a period of 10 days, within which time the transfer must have taken place and the payment must have reached Sweet Little Belgium, failing which the order will be cancelled.
5. Supply - Stock
5.1. The offer is valid while stocks last and can be adjusted or withdrawn by Sweet Little Belgium at any time. If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated in the offer. The quantities available on the website are for information purposes only and do not create any obligations on the part of Sweet Little Belgium.
5.2. Sweet Little Belgium reserves the right not to deliver a product and to cancel an order if this product should prove to be out of stock at Sweet Little Belgium after the order has been placed. The customer will be informed of this as soon as possible by an e-mail sent to the e-mail address supplied by the customer. It is the responsibility of the Customer to ensure that the messages do not end up in their spam folder. The customer has the option of cancelling any other products ordered at the same time at no extra cost.
6. Delivery of the goods and execution of the works
6.1. The delivery periods indicated are not binding and are of an indicative nature only. Under no circumstances shall the Customer be able to claim damages of any kind and/or terminate the agreement on account of exceeding the indicated periods and/or refuse payment of amounts due. Partial deliveries are allowed. Products are transported at the Customer's risk. To the extent possible, Sweet Little Belgium will inform the Customer if the expected delivery date cannot be met. For this purpose, the customer is requested to state his contact details when placing the order, and if possible, to specify the times at which he can best be reached.
6.2. The maximum delivery time is 30 days unless otherwise agreed. If this delivery time cannot be met due to any circumstances whatsoever, Sweet Little Belgium will inform the Customer accordingly. Both parties will then be entitled to dissolve the agreement.
6.3. Goods ordered from Sweet Little Belgium will be delivered to the address stated by the Customer at the time the order is placed. Sweet Little Belgium does not send goods to PO Box addresses. The delivery is made by Sweet Little Belgium's own transport or by an external transport company at the discretion of Sweet Little Belgium, and is handed over in person to the Customer, or in his absence, to the Customer's neighbours (unless explicitly excluded by the Customer) or to a third party designated by the Customer and which is not the carrier.
6.4. The delivery note must at all times be signed by the Customer (or in his absence, by his neighbours or a third party appointed by him and who is not the carrier). The transfer of risk for the goods takes place at the time of the conclusion of the contract in the case of standard, non-insured shipping. If the Customer chooses insured shipping when placing his order, the risk of loss or damage shall pass to the Customer as soon as he (or, in his absence, his neighbours or a third party other than the carrier and appointed by him) takes physical possession of the goods. In this case, the Client shall immediately upon receipt check whether the goods have been delivered in accordance with the order and whether there are any visible damages and/or shortcomings in quality. These, if any, will be mentioned on the delivery note. The delivery note must always be signed by the Customer. In the absence of such a reservation, the goods are irrevocably accepted by the Customer as conforming to the placed order and therefore free of defects and/or damages. From this moment on, the Customer bears the risk. However, the risk already passes to the Customer upon transfer to the carrier, if the carrier is chosen or appointed by the Customer to transport the goods and this choice was not offered by Sweet Little Belgium.
7. Right of return
7.1. The Buyer has the right to return the goods within 14 days of receipt of the order in accordance with the Distance Selling Act. Returned items must be sufficiently stamped at the customer's expense. Unstamped packages are not accepted by Sweet Little Belgium. These will be refused or the costs charged to the customer. Cash on delivery parcels are also refused without prior consultation. Only if it concerns a return due to an incorrectly delivered product will the shipping costs incurred be reimbursed by Sweet Little Belgium.
7.2. In order to facilitate the return procedure, the customer should at all times contact Sweet Little Belgium in advance if he/she wishes to return one or more items. The return must be accompanied by a fully completed return form, which will be provided by Sweet Little Belgium.
7.3. If the items are returned unused, undamaged, packaged correctly and in good time, Sweet Little Belgium will refund the price paid, excluding the costs of shipping and insurance, as soon as possible but no later than within 14 days of the return of the items.
7.4. If the products delivered by Sweet Little Belgium are not returned within the approval period stated in article 7.1, the products are deemed to have been accepted. Return is then no longer possible.
7.5. Return shipment of the items is at the customer's own risk. Sweet Little Belgium advises the purchaser to request a proof of posting when returning items.
7.6. Products that have been customised at the request of the Customer, such as customised gift packages with specific content or gift packages with printing or sticking of the Customer's logo on the box, the right of return does not apply. These products can therefore not be returned under any circumstances.
8. Force majeure and cancellation of the agreement
8.1. In the event of force majeure, Sweet Little Belgium is not obliged to fulfil its obligations. In that case the company can either suspend its obligations for the duration of the force majeure or dissolve the agreement definitively.
8.2. Force majeure is any circumstance beyond the control and will of Sweet Little Belgium which prevents Sweet Little Belgium from fulfilling its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, energy interruptions, disruptions in a (telecommunications) network or connection or the communication systems used and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other third parties called in, etc.
9. Quality guarantee
9.1. Sweet Little Belgium guarantees that the products are in conformity with the order made and satisfy the normal expectations which the Buyer may have, taking into account the specifications of the product. Sweet Little Belgium further guarantees that its goods comply with all existing laws at the time of the order. The products sold by Sweet Little Belgium are fresh food products. Sweet Little Belgium makes every effort to ensure that delivery is made in a correct and safe manner, taking into account the freshness of the products, but cannot give any absolute guarantee regarding the quality of the transportation. Moreover, the Customer is obliged to store immediately the received goods in a correct way as indicated on the packaging and/or in the delivered product sheets in order to guarantee the quality of the goods. In the exceptional case that the quality of the delivery should nevertheless be impaired, the Buyer must inform Sweet Little Belgium immediately upon delivery and provide proof thereof. The Buyer is at all times obliged to inspect the goods thoroughly (or have them inspected) immediately upon receipt. Complaints by the Purchaser relating to defects in the product or the delivery which are visible (e.g. if the products are no longer fresh, or have been damaged during transport) must be notified by the Purchaser to Sweet Little Belgium by e-mail IMMEDIATELY, and at the latest within 8 hours of receipt. Defects caused by improper storage (dry, cool and dark as indicated on the packaging and/or supplied product sheets) of the food products by the Customer cannot be recovered from Sweet Little Belgium.
10. Invalidity and loss of rights
10.1. The possible nullity of one of the clauses of these Terms and Conditions will in no way affect the validity of the other clauses despite the nullity of the disputed clause. The failure of Sweet Little Belgium to claim a right or to apply a sanction does not in any way imply a waiver of the right.
11. Applicable law and competent authorities
11.1. These Terms and Conditions and the overall legal relationship between Sweet Little Belgium and the Customer are governed by Belgian law. All disputes arising from or relating to the legal relationship between Sweet Little Belgium and the Customer shall be subject to the exclusive jurisdiction of the courts of the judicial district of Leuven.