General sales and delivery conditions
1.1. The legal relationship between Sweet Little Belgium bvba, known under the trade name Betty & Albert, with registered office at 3150 HAACHT, Kruineikestraat 123, registered in the CBE and VAT register with number BE0676.788.893 (hereinafter referred to as ‘Sweet Little Belgium’), and the Customer (together referred to as the ‘Parties’) is governed by these general terms and conditions, possibly supplemented with specific conditions specific to the assignment (together ‘the Terms and Conditions’ or the ‘agreement’). These Terms and Conditions shall void and replace any written or oral contracts, proposals and commitments that relate to the same object and that would precede the date of the agreement between the parties.
1.2. The Terms and Conditions are deemed to have been accepted by the Customer if this has not been expressed within a reasonable period of time after receipt thereof, determined at 7 calendar days. The acceptance of the Terms and Conditions is also derived from the normal continuation of the performances by Sweet Little Belgium.
1.3. The Conditions take precedence over the general and / or other conditions of the Customer, even if they determine that they are the only ones. Deviations from the Terms and Conditions are only possible after prior written permission from Sweet Little Belgium.
2. Establishment of the agreement and Transfer of risk
2.1. Commercial documents and offers do not create commitments under Sweet Little Belgium.
2.2. The agreement between Sweet Little Belgium and the Customer only comes into being when the order is validated by the Customer with an order confirmation sent by Sweet Little Belgium by e-mail. The confirmation is sent to the e-mail address provided by the Customer. It is the responsibility of the Customer to ensure that the messages do not end up in the spam folder. Order confirmation is only possible after acceptance of the general conditions and full payment of the ordered goods by the Customer. Sweet Little Belgium remains the owner of all goods until the moment of full payment.
2.3. The parties expressly agree that the correspondence is mainly by email in order to guarantee efficient and fast operation.
3.1. The stated sales prices are expressed in euros and are exclusive of VAT and other levies imposed by the government. The shipping and delivery costs are, unless otherwise stated, at the expense of the Customer and are, in addition to the price of the selected products, separately stated and calculated at the end of the order before the order is placed definitively. The shipping and delivery costs can vary per day and per order. Free pick-up by the Customer is possible in the business premises of Sweet Little Belgium insofar as the Customer has chosen this option at the end of the order and after he was informed by Sweet Little Belgium by e-mail that the order is ready indicated pick-up times.
3.2. The indication of price only relates to the goods as described verbatim with the product. The accompanying photos are designed for decoration and may contain elements that are not included in the price.
4.1. For the amount to be paid, the Customer receives an invoice after execution of the order, without prejudice to the right of Sweet Little Belgium to offer one or more advance invoices for payment in advance. Unless otherwise stipulated or due date stated on the invoice, the invoices must be paid within 15 calendar days after the invoice date. Advance invoices must be paid immediately.
4.2. In the absence of payment within the foreseen period, the invoice amount including VAT and other costs and levies shall be automatically and without prior notice of default increased by an interest equal to 1% per month, calculated on the outstanding amount, with each started month being considered. as expired, and a lump sum compensation of 10% on the amount of the unpaid invoices, with a minimum of 150 EUR. All collection costs are also for the account of the negligent Customer.
4.3. To the extent that the Customer remains in default to pay one or more outstanding invoices from Sweet Little Belgium, Sweet Little Belgium reserves the right to suspend further deliveries until all outstanding invoices are settled (including the added compensation and default interest), or to determine the immediate termination of the agreement. In any case, the Customer owes all amounts for the performances and expenses incurred by Sweet Little Belgium. Any non-payment of an expired invoice also entails the payment of all other invoices to the same debtor. If by Sweet Little Belgium explicit and written installment installments are allowed, the total amount still due is due without further notice or notice of default as soon as one installment has not been respected. All payments will first be charged on overdue interests that are already due. In the event of non-payment, all amounts due will be recovered through judicial channels.
4.4. Any protest regarding an invoice must be sent to Sweet Little Belgium within 7 calendar days after the invoice date and by registered letter. Sweet Little Belgium is entitled to transfer all claims that it has to the Customer to third parties, as well as its own obligations to the Customer in whole or in part, but it will continue to guarantee the proper performance of these obligations. The Customer is entitled to transfer his rights and / or obligations to Sweet Little Belgium to third parties, but not without prior and written agreement of the latter.
4.5. If payment is made by bank transfer, the agreement is only concluded and the order is only executed after receipt of the deposited amount. In the meantime, the ordered article will be reserved for 10 days, within which period the transfer must have been made and the payment must have reached Sweet Little Belgium, otherwise the order will lapse.
5. Offer – Stock
5.1. The offer is valid as long as stocks last and can be adjusted or withdrawn at any time by Sweet Little Belgium. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer. The available quantities on the website are purely informative and do not create any commitments under Sweet Little Belgium.
5.2. Sweet Little Belgium reserves the right not to deliver a product and to cancel an order if this product is no longer in stock at Sweet Little Belgium after ordering. The Customer will be notified as soon as possible by e-mail to the e-mail address provided by the Customer. It is the responsibility of the Customer to ensure that the messages do not end up in the spam folder. The Customer has the option to cancel any other products ordered at the same time, without any additional costs.
6. Delivery of the goods and execution of the works
6.1. The indicated delivery times are not binding and are only indicative. In no event shall the Customer be entitled to demand compensation of any kind, and / or terminate the agreement due to exceeding the stated terms and / or refuse the payment of amounts due. Partial deliveries are allowed. Transport of the products is at the risk of the Customer. To the extent possible, Sweet Little Belgium will notify the Customer in case the expected delivery date can not be respected. To this end, the Customer is requested to state his contact details during the placing of the order and, if possible, to specify the times at which he can best be contacted.
6.2. The maximum delivery time is 30 days unless otherwise agreed. If this delivery time can not be handled by any circumstances, Sweet Little Belgium will inform the Customer of this. Both parties are then entitled to dissolve the agreement.
6.3. Goods ordered at Sweet Little Belgium are delivered to the address specified by the Customer when placing the order. Sweet Little Belgium does not send goods to PO boxes. The delivery is made via Sweet Sweet’s own transportation or by an external transport company at the discretion of Sweet Little Belgium and is handed over to the Customer in person, or in the absence of the Customer’s neighbors (unless explicitly excluded by the Customer) or a third party appointed by him who is not the carrier.
6.4. The delivery note must at all times be signed by the Customer (or in the event of absence, the neighbors or a third party designated by him that is not the carrier). The risk transfer of the goods takes place at the time of the conclusion of the agreement in case of standard, uninsured shipment. If the Customer opts for an insured shipment when ordering, the risk due to loss or damage will pass to the Customer from the moment he (or, in his absence, the neighbors or a third party that he has not appointed the carrier) the goods physically in possession. In that case, the Customer will check immediately upon receipt of the goods whether they have been delivered in accordance with the order and whether there are visible damages and / or qualitative shortcomings. These will be mentioned on the delivery note, if applicable. The delivery note must be signed by the Customer at all times. In the absence of such reservation, the goods are irrevocably accepted by the Customer as being in conformity with the order placed and thus free of defects and / or damage. The Customer bears the risk from this moment on. However, the risk already passes to the Customer in case of transfer to the carrier, if the carrier was chosen by the Customer himself or appointed to transport the goods and this choice was not offered by Sweet Little Belgium.
7. Return right
7.1. The Buyer has the right to return the delivery within 14 days after receipt of the order in accordance with the Distance Purchasing Act. Returned items must be sufficiently stamped at the expense of the customer. Unstamped packages are not accepted by Sweet Little Belgium. These are refused or the costs are charged to the Customer. Packages on cash on delivery will also be refused without prior consultation. Only if it concerns a return as a result of an incorrectly delivered product, will the shipping costs be reimbursed by Sweet Little Belgium.
7.2. In order to properly shape the return procedure, the customer must always contact Sweet Little Belgium in advance if he wishes to return one or more items. The return must be provided with a fully completed return form, which is made available by Sweet Little Belgium.
7.3. If the articles are returned unused, undamaged, and in time and correctly in packaging, Sweet Little Belgium will refund the paid price, with the exception of the shipping and insurance costs, as soon as possible, but no later than 14 days after return of the items.
7.4. If the articles delivered by Sweet Little Belgium are not returned within the trial period of article 7.1, the products will be deemed to have been accepted. Returning is then no longer possible.
7.5. Returns of articles are at the customer’s own risk. Sweet Little Belgium therefore advises the customer to request proof of shipment for return shipments.
7.6. Products that are tailor-made at the customer’s request, such as gift packages tailored to the customer with specific content or gift packages with printing or branding of the Customer’s logo on the box, do not apply to the return right. These products can therefore not be returned under any circumstances.
8. Force majeure and cancellation of the agreement
8.1. In case of force majeure Sweet Little Belgium is not obliged to fulfill her obligations. In that case, it can either suspend its obligations for the duration of the force majeure or terminate the contract definitively.
8.2. Force majeure is any circumstance beyond the control and control of Sweet Little Belgium that prevents compliance with its obligations in whole or in part. We understand, among other things, but not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business failures, power failures, disruptions in a (telecommunication) network or connection or used communication systems and / or the unavailability at any time from the website, non-delivery or late delivery by suppliers or other third parties, …
9. Quality guarantee
9.1. Sweet Little Belgium guarantees that the products conform to the order made and meet the normal expectations that the Buyer may have, taking into account the specifications of the product. Sweet Little Belgium also ensures that its goods comply with all laws existing at the time of the order. The products sold by Sweet Little Belgium are fresh foods. Sweet Little Belgium does its utmost to ensure that a correct and safe delivery will take place, taking into account the freshness of its goods, but can not give an absolute guarantee on the quality of the transport. In addition, the Customer is obliged to immediately store the goods received in the correct manner as indicated on the packaging and / or in the product sheets supplied in order to guarantee the quality of the goods. In the exceptional case that the quality of the delivery would nevertheless be affected, the Buyer must immediately inform Sweet Little Belgium of this immediately and at the time of delivery and provide proof of this. The Buyer is always obliged to inspect the goods accurately (or have them inspected) immediately after receipt. Complaints from the Buyer, which relate to defects in the product or the delivery, which are noticeable externally (for example, when the products would no longer be fresh, or were damaged during transport), must also be sent IMMEDIATELY by the Buyer to Sweet Little Belgium will be notified by e-mail and this no later than 8 hours after the receipt. Defects caused by improper storage (dry, cool and dark as indicated on the packaging and / or supplied product sheets) of the food by the Customer can not be recovered from Sweet Little Belgium.
10. Invalidity and lapse of right
10.1. The possible nullity of one of the provisions of these Conditions will in no way affect the validity of the other clauses despite the nullity of the disputed clause. Not claiming a right or not applying a sanction by Sweet Little Belgium does not imply a waiver of rights.
11. Applicable law and competent authorities
11.1. These Terms and the overall legal relationship between Sweet Little Belgium and the Customer are governed by Belgian law. All disputes arising from or in connection with the legal relationship between Sweet Little Belgium and the Customer shall exclusively be settled by the courts of the judicial district of Leuven.