• Terms and conditions of sale

    Preamble

    The General Terms and Conditions of sale of products and services, hereinafter referred to as the “General Conditions,” apply to any order placed with the SRL “Les Potjes d’Eugène,” headquartered at Avenue Georges Henri 410, 1200 Brussels, Belgium, registered with the Crossroads Bank for Enterprises under number 0758622746 (hereinafter, “Les Potjes d’Eugène”). The “Beneficiary” is any legal or natural person who orders products and/or services from “Les Potjes d’Eugène” on their own behalf or for others. The General Conditions constitute the contract binding “Les Potjes d’Eugène” and the Beneficiary. “Les Potjes d’Eugène” and the Beneficiary are collectively referred to as the “Parties” hereinafter. The “Consumer” is any Beneficiary who is a natural person acting for purposes that do not fall within the scope of their commercial, industrial, artisanal, or liberal activity. The General Conditions apply to all interventions of “Les Potjes d’Eugène” and its employees for all services performed by the staff of “Les Potjes d’Eugène” as well as the sale of products and the provision of all services ancillary to said sales and services. These services include but are not limited to:

    • The sale of spreads and related merchandise;
    • Delivery of products to the customer.

    1. Object and Scope

    These general conditions are the sole applicable terms, excluding any specific agreements. The General Conditions constitute the entire agreement between the Parties. They replace and cancel any other agreement, proposal, communication, offer, written or verbal, exchanged or concluded previously between the Parties concerning the same subject matter. By placing an order, the Beneficiary declares having read and expressly and unreservedly accepts the rights and obligations set forth herein. In the event of modifications to the General Conditions, “Les Potjes d’Eugène” publishes the new conditions on its website www.eugenechocolatier.be. The Beneficiary then has a period of fifteen (15) days to potentially terminate the contractual relationship with “Les Potjes d’Eugène” if they do not agree to the proposed new conditions. In the absence of a response from the Beneficiary within this period, the modifications will only take effect the day after the expiration of this fifteen (15) day period. Once in effect, these modifications will be binding on the Beneficiary.

    2. Offer and Order

    It is the Beneficiary’s responsibility to verify the accuracy of the order and to inform the seller of any errors. To this end, the Beneficiary undertakes to provide accurate, complete, and precise information regarding their situation, including committing to provide:

    • Their residential address;
    • Their email address;
    • Their telephone number;
    • Their billing and delivery details.

    This information will be processed in accordance with the conditions described in the Privacy Policy available on the Les Potjes d’Eugène website. “Les Potjes d’Eugène” reserves the right to suspend, cancel, or refuse a Beneficiary’s order, especially if the information provided is manifestly incorrect or incomplete, or if there is a dispute regarding payment for a previous order. In the event of any modification to the requested service, “Les Potjes d’Eugène” is authorized to cancel the offer based on the information provided by the Beneficiary. If the Beneficiary cancels the order after it has been accepted by “Les Potjes d’Eugène,” for any reason whatsoever, an amount equivalent to thirty percent (30%) of the price will be due to “Les Potjes d’Eugène” and invoiced to the Beneficiary as damages. For the first order with a Beneficiary, payment is made in advance. In case of non-payment, “Les Potjes d’Eugène” reserves the right to suspend deliveries, services, and provisions.

    3. Prices

    All prices are indicated in euros, including VAT, unless otherwise stated. Any increase in VAT or any new tax imposed between the time of ordering and delivery of goods will be borne by the customer.

    4. Delivery

    Claims following a delivery must be submitted by email to: contact@eugenechocolatier.be within forty-eight (48) hours of receiving the delivery. Goods are shipped at the buyer’s risk, except in cases of intentional misconduct or gross negligence on the part of the carrier. Transport costs are borne by the buyer unless stated otherwise.

    5. Payment

    5.1. Settlement of invoices

    Invoices are payable in full within the specified period, in the currency of the invoice, at the registered office of “Les Potjes d’Eugène.” Any claim regarding an invoice must be sent in writing by registered mail to the registered office of “Les Potjes d’Eugène,” within eight (8) calendar days of its receipt. Otherwise, the Beneficiary may no longer contest the invoice. Any payment delay will result in a first reminder, which will incur an additional ten euros (EUR 10) on the principal amount of the invoice. The reminder may be sent by email, SMS, or regular mail. If payment is not made within fifteen (15) days of the first reminder, a second reminder will be sent, by email or regular mail, which will incur an additional twenty-five euros (EUR 25) compared to the original invoice. If payment has still not been made within fifteen (15) days of the second reminder, a third reminder serving as formal notice will be sent by registered mail, which will incur an additional fifty euros (EUR 50) compared to the original invoice. Default interest begins from the dispatch of the third reminder. Finally, if payment is not made within fifteen (15) days of the third reminder, a notification by bailiff will be sent to the defaulting Beneficiary. The bailiff’s costs will be borne by the Beneficiary. A lump sum compensation equal to fifteen percent (15%) of the principal invoice amount will be due from the receipt of the bailiff’s notice.

    5.2. Exception of non-performance

    Each Party reserves the right to suspend the performance of its obligations – provision/delivery or payment of the price – in case of non-compliance by the other Party with its contractual obligations, which have not been remedied within fifteen (15) days following receipt of the second reminder. The suspension ends when the defaulting Party has complied with its obligations.

    6. Deadlines

    Unless otherwise expressly agreed in writing by “Les Potjes d’Eugène,” the delivery and/or execution deadlines mentioned in the specific conditions are not strict deadlines. “Les Potjes d’Eugène” shall only be liable if the delay is significant or attributable to gross negligence. The timeframe between ordering and delivery generally ranges from a few business days to two weeks for deliveries within Belgium. This timeframe may extend to three business weeks for deliveries outside Belgium. In case of a delay exceeding thirty (30) days, the Beneficiary must send a formal notice by registered mail to “Les Potjes d’Eugène,” which may then benefit from fifty percent (50%) of the prescribed time to deliver the products and/or perform its service. If “Les Potjes d’Eugène” has not delivered within this additional period, the Beneficiary has the right to terminate the contract.

    7. Reservation of ownership

    “Les Potjes d’Eugène” retains ownership of the ordered products until full payment of the due price.

    Contrary to Article 1583 of the Civil Code, ownership of the products is transferred to the Beneficiary only after withdrawal or delivery of the items and after full payment of the order.

    The Beneficiary may be held liable for any loss or damage to the ordered products.

    The Beneficiary also agrees to store the products in such a way that they cannot be confused with other products and can always be recognized as the property of “Les Potjes d’Eugène”. “Les Potjes d’Eugène” products must be stored in accordance with the storage instructions indicated on the product labels.

    8. Right of Termination

    8.1. Termination by the Beneficiary

    The Beneficiary who wishes to terminate their order informs “Les Potjes d’Eugène”.

    Without prejudice to the right of withdrawal under point 9, any deposit paid to Les Potjes d’Eugène will not be refunded. In addition, “Les Potjes d’Eugène” may claim a penalty amounting to a maximum of thirty percent (30%) of the price of the products and/or services ordered by the Beneficiary.

    8.2. Termination by “Les Potjes d’Eugène”

    “Les Potjes d’Eugène” reserves the right to unilaterally terminate the contract, without having to demonstrate the fault of the Beneficiary. “Les Potjes d’Eugène” also reserves the right to consider the agreement as terminated automatically and without prior notice, in the event of bankruptcy or notorious insolvency of the buyer. All other collection costs related to non-payment are not included in the lump sum indemnity and will be separately billed to the buyer.

    In case of non-payment, “Les Potjes d’Eugène” reserves the right to consider the agreement as terminated automatically and without the need for prior notice, for the entire or unfulfilled part.

    9. Right of Withdrawal

    When the Beneficiary is a Consumer within the meaning of art. I.1, 2° of the Economic Law Code and concludes a distance contract with “Les Potjes d’Eugène”, they have the right to notify “Les Potjes d’Eugène” that they are renouncing the purchase, without penalty and without giving a reason, within fourteen (14) calendar days. To the extent that the Consumer has already paid the price, “Les Potjes d’Eugène” will refund all payments received from the Consumer as soon as the Consumer provides proof of dispatch of the products ordered online.

    The fourteen (14) day period for the Consumer’s right of withdrawal runs from the day after delivery to the Consumer.

    The Consumer who renounces the purchase must notify this in writing, before the expiration of the fourteen (14) days, to the customer service of “Les Potjes d’Eugène”, via the email address contact@eugenechocolatier.be, by completing the form available in Annex 2 of the Economic Law Code and simultaneously return the delivered products in their original packaging and in the condition in which they were received. The consumer bears only the direct costs incurred by the return of the products.

    In accordance with art. VI.53 of the Economic Law Code, the Consumer cannot exercise this right of withdrawal in the event that they have purchased a product liable to deteriorate rapidly. Furthermore, they cannot exercise their right in the event that they have opened a product that has been sealed specifically for hygiene reasons, after delivery.

    10. Warranties

    10.1. Warranty for hidden defects

    In accordance with articles 1641 to 1649 of the Civil Code, “Les Potjes d’Eugène” is obliged to guarantee the products against hidden defects that render the products unfit for the use for which they are intended, or which so diminish that use that the Beneficiary would not have acquired them or would have given a lesser price if they had known about them.

    However, “Les Potjes d’Eugène” is not obliged to guarantee the products against hidden defects that it proves to be undetectable. In this case, only the original manufacturer will be responsible for hidden defects.

    If a hidden defect is found, the Beneficiary must act promptly in accordance with Article 1648 of the Civil Code and will have the choice to return the product affected by a hidden defect against full refund of the price, or to keep it against a partial refund.

    “Les Potjes d’Eugène” is not obliged to guarantee the products against apparent defects that the Beneficiary could or should have noticed at the time of purchase.

    Only the invoice, purchase receipt or sales slip serve as warranty certificates for the Beneficiary vis-à-vis “Les Potjes d’Eugène”.

    10.2. Warranty for services rendered

    “Les Potjes d’Eugène” undertakes to perform its services carefully and diligently.

    The Beneficiary has a conformity guarantee for the services provided compared to the services initially requested. In case of anomaly detected during this period, “Les Potjes d’Eugène” will ensure the correction free of charge and as soon as possible, provided that the anomalies detected have been duly reported to “Les Potjes d’Eugène”.

    Excluded from the conformity guarantee are services requested following an unauthorized intervention and/or modification, an error in handling or improper use by the Beneficiary, or as a result of an anomaly caused by an intervention of the Beneficiary or a third party.

    11. Liability

    The contractual liability of “Les Potjes d’Eugène” is only engaged due to its deceit, gross negligence or that of its employees or agents, and, except in cases of force majeure, due to any non-performance of an obligation being a principal provision of the contract.

    Moreover, in cases where the Beneficiary proves the deceit or gross negligence of “Les Potjes d’Eugène”, the liability of the latter does not extend beyond either the reimbursement of the proven material damage expenses by the Beneficiary and directly resulting from the fault attributed to “Les Potjes d’Eugène”, and in any case, cannot exceed more than one hundred percent (100%) of the amount actually paid by the Beneficiary during the execution of the order; or the replacement of goods excluding direct or indirect compensation.

    12. Force Majeure

    The occurrence of any event affecting one or both Parties, their suppliers or subcontractors, delaying or making impossible the performance of their respective obligations, such as delay or non-delivery, strikes, lockouts, shortages, etc., suspends the performance of the respective obligations until notification of the end of the event. No Party shall otherwise be liable for total or partial non-performance of its obligations.

    The Party affected by such events shall inform the other Party of the occurrence of these events. Both Parties shall make every effort to reduce the obstacle preventing the proper performance of the contract.

    If these circumstances persist for more than six (6) months, each Party shall be entitled to terminate the contract by simple written notice to the other Party, without having to request resolution of the contract in court. This action shall not give rise to damages.

    13. Miscellaneous Provisions

    13.1. Salvatory Clause

    The possible illegality or nullity of a point, paragraph or provision; or part of a point, paragraph or provision, shall not affect the legality of the other points, paragraphs or provisions of the General Conditions.

    13.2. Titles

    The titles used in the General Conditions do not affect the meaning or scope of the provisions they designate. They are used for convenience purposes only.

    13.3. Publication and Communication of the General Conditions

    The General Conditions can be consulted at any time on the website www.eugenechocolatier.be.

    14. Preliminary Attempt to Find an Amicable Solution

    In the event of a dispute between the Parties regarding the validity, interpretation or performance of these general conditions, the Parties shall first attempt to resolve the dispute by seeking an amicable solution. Only if such a solution cannot be found within six (6) months, for any reason, may the Parties bring the dispute before the courts, in accordance with Article 14.

    15. Applicable Law and Competent Jurisdiction

    Any dispute relating to the products delivered and/or services provided by “Les Potjes d’Eugène”, as well as any dispute regarding the validity, interpretation or performance of these General Conditions, shall be governed by Belgian law and shall fall under the exclusive jurisdiction of the courts of the judicial district of Brussels.