1. LEGAL NOTICE
2018 Antwerpen - Belgium
tel.: +32 (0)3 470 28 61
BTW: BE 0404.826.431
If you have any suggestions or wish to obtain information relative to this website, please contact us at email@example.com
2.1. The present General Terms and Conditions of Sale (hereinafter referred to as "G.T.C.S.") define the terms and conditions under which any individual or entity ("the Customer") may order or purchase the products sold online by the company DelReY at www.delrey.be
3. APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
3.1. The present G.T.C.S. should be read by the Customer before making an order.
3.2. Use of this website by the Customer, i.e. filling in the order form and confirming the order, signifies full and unconditional agreement with the present G.T.C.S., which shall be the only terms and conditions applicable to the following contract.
3.3. DelRey Antwerp reserves the right to modify the present G.T.C.S. in part or in full, at any time.
4. CHARACTERISTICS OF THE MERCHANDISE ON OFFER
4.1. The products on offer to the Customer are those listed in the catalogue published on this Website. The offer is limited to available supplies and contingent upon proper website operation.
4.2. Each product is presented accompanied by a photograph and a description written by DelReY. These descriptions, intended to provide the Customer with key product characteristics before the finalization of any order, may not be used as grounds for any liability action against DelRey in any way whatsoever. The product photographs, provided for informational purposes only, are not contractually binding.
5. ORDER PLACEMENT AND CONFIRMATION
5.1. While ordering on the Website, a Customer can open an account and the personal data are and will be treated in strictest confidence. The Customer may ask to delete the personal information by sending a request to firstname.lastname@example.org.
The reply will be made by e-mail only, to the address associated with the customer account.
5.2. To order, the Customer undertakes to fill out the order form fully, carefully and accurately. In other words, the Customer undertakes to complete the lines required to process the order properly:
Specify desired product(s)
Specify billing address
Specify delivery address
Specify desired mode of payment
Order validation after verification
Payment as provided by the terms and conditions
5.3. DelRey will confirm the order and the payment :
On the Website, once payment has been made
By e-mail, to the e-mail address indicated by the Customer
5.4. To modify an Internet order
For any order modifications (billing or delivery address, delivery date etc.), please contact us at least two working days before the original delivery date (3 working days if the delivery address is outside of Belgium.
By mail : email@example.com or by phone : +32 (0)3 470 28 61.
We can be reached by e-mail or by telephone from Monday to Saturday from 9:00 a.m. to to 6:30 p.m.
5.5. DelReY reserves the right to refuse an order if the Customer fails to fulfill any one of these obligations. More generally, and for any reason whatsoever, it may refuse any order that appears abnormal or incomplete. No order is final until it has been confirmed DelRey. DelRey will confirm its acceptance or non-acceptance of an order within 2 business days starting when the order was entered at the Website.
6. MEANS OF PAYMENT
6.1. Products may be purchased at the Website with credit cards via paypal, with a paypal account, with bancontact and ideal via mollie.
The credit card payment is validated immediately.
6.2. To be registered, the order must be paid in full.
7.1. Purchase orders and invoices are kept on computer, under reasonable security conditions for DelReY at Shopify.com
7.2. This is a reliable method of storage by Shopify.com over time of electronic documents that can be retrieved by way of proof.
8. THE RIGHT TO CANCEL A CONTRACT
8.1. The consumer's right to cancel a contract within 7 days does not apply to contracts bearing on the supply of perishable food products like those sold by DelRey. Therefore, the Customer is not entitled to exercise this right.
8.2. However, if and when it is possible, we will honor a change or cancellation made by the Customer if the package is still in the preparation stage and has not yet been turned over to the carrier for delivery. We determine whether this is possible on a case-by-case basis.
8.3. However, once the package has been turned over the carrier for delivery, it is not possible to honor any change or cancellation. Here, the Customer's account will not be credited with the order amount.
9. SHORTAGE OF SUPPLY
9.1. The supply of products available for online sale is limited. The name of any product that becomes unavailable will be removed from the online sales catalogue as soon as possible.
9.2. If there is a shortage of a particular product, DelReY will call or e-mail the Customer as soon as possible to find a solution:
postpone delivery until the product is available again, if and when this is possible
replace the product with one that is comparable in terms of quality and price
9.3. DelRey products are made by artisans, which means that the supply is limited Please note : The risk of product unavailability is higher during holiday periods (especially the year-end holidays) than during the rest of the year.
10.1. The prices listed on the purchase order are in euros, inclusive of tax, ex-production lab.
10.2. We charge separately for delivery. The rates depend on the final destination, package weight and package volume.
10.3. If the order exceeds the maximum weight or volume will be divided in more packages according to the requirements of the currier.
11. PRODUCT DELIVERY
11.1. Deliveries are made to destinations in Belgium, in Europe and in selected countries worldwide. You will be able to select your country during the checkout process.
11.2. The Customer is responsible for the information relative to the recipient's name and address. This information should be precise, accurate and complete (e.g. it should include the door code and the floor) to enable delivery under normal conditions.
11.3. If a package has to be returned because there was an error in the address or it was impossible to make delivery to the address indicated, DelReY cannot be held responsible in any way.
11.4. If a delivery address is not sufficiently complete or precise, DelReY reserves the right to call the recipient to obtain the details needed to make delivery, which means that the telephone number has to be correct and the recipient has to be there to answer the phone.
11.5. We do not take orders for delivery to a post office box address.
11.6. If nobody is at home to take delivery and if there is suitable access to the recipient’s post box, the carrier will leave notification instructing the recipient to pick up the package at the post office indicated. DelReY cannot be held responsible in any way for any deterioration of the products due to any delay in delivery or pick-up.
In case of delivery by courrier, and absence by the recipient, the order will automatically be returned to our boutique. An extra charge will be levied for the cost of having the product returned to our shop in Antwerp.
11.7. If a delivery is made outside the specified time frame, this does not entitle the Customer to any compensation.
11.8. Deliveries are made to all the countries allowed by the carrier but we don't provide refrigerated deliveries. The customers must take the full responsibility of the delivery in very warm countries or during warm period considering the perishable nature of the products. DelReY will not consider any complaint for damages caused by the weather and climatic conditions during the delivery.
11.9. Finally, once the product has been turned over to the carrier and is under its responsibility, if it is not delivered for any other cause relative to Customs, labor strikes or damage or any other cause of force majeure as defined by the Belgian courts, the sale will be null and void, and the Client may obtain a refund for the order amount. The Customer is not eligible for any indemnity or compensation of any sort.
12. COMPLAINTS AND REFUNDS
12.1. The Customer must verify that the contents of the package delivered correspond to his order. We will only process complaints received by us within 48 hours of delivery, given the perishable nature of the products
12.2. Complaints should be sent to:
2000 Antwerpen - Belgium
E-mail address: firstname.lastname@example.org
12.3. Any refund or credit will be made within 21 days. The Customer will be notified by e-mail.
13. PRODUCT GUARANTEE
13.1. DelRey guarantees that its products are produced and packed following strict quality control rules and stored in compliance with current Belgian standards.
13.2. However, DelReY cannot warrant the quality of its products if the Customer does not ensure optimal storage conditions or consumes products past the "use by" date indicated on the package.
14. INTELLECTUAL PROPERTY / COPYRIGHT INFORMATION
14.1. All of the elements used on the Website (photographs, illustrations, pictograms, descriptions, logo, trademark) are and remain the exclusive intellectual property of DelReY.
14.2. None of the elements used for the Website (e.g. software applications, visual components or audio material) may be reproduced, broadcast, exploited, circulated or used in any way whatsoever, either in part or in full, without express prior authorization from DelReY, which holds all of the copyrights.
15. PROTECTION OF PERSONAL INFORMATION
15.1. When a Customer makes an order on the Website, this signifies that he agrees to allow DelRey to use his personal information. This information is required to process orders properly.
15.2 All of this information is processed with care and treated in strictest confidence.
15.3 By submitting an order the customer agrees with the use of the email address as a mean for commercial purpose that can be used by DelRey at any moment.
15.4. The personal information of the customer are never released to the public or given to third party.
16. INDEPENDENCE OF CLAUSES
16.1. If one of the present terms and conditions is found inapplicable or is invalidated for any reason, this fact will not affect the application or validity of the other provisions contained in the general terms and conditions. A term or condition that has been invalidated or found inapplicable will be replaced by a clause that is as close as possible to it.
17. FORCE MAJEURE
17.1. Neither DelReY nor the Customer may be held liable for any failure or delay in the performance of any of the contractual obligations set forth in the present G.T.C.S. if said failure or delay is due to a case of force majeure.
17.2. Here, force majeure is taken to mean any external, unforeseeable and irresistible event as defined by Belgian law. The following are expressly considered to be cases of force majeur in addition to those generally held to be such under Belgian jurisprudence.
Full-scale or partial strikes, lockouts, riots, civil unrest, insurrection, war, severe or unusual weather conditions, epidemics, the interruption of transport or supply for any reason, earthquakes, fires, storms, flooding, water damage, governmental or legal restrictions, legislative or regulatory changes in the business environment computer failures, the interruption of telecommunications including the operation of telecom networks, any change in the basic mathematical principles governing the theory of cryptographic algorithms, used for public key infrastructure and any other case beyond the control of the Parties preventing normal performance of the contract.
18. GOVERNING LAW
18.1. The present terms and conditions are exclusively governed under Belgian law. Any dispute or litigation relative thereto shall fall under the jurisdiction of the Cord of the district of Antwerp