Terms and conditions agreement
Article 1. Definitions
1.1. All references to the term “Supplier” in this Terms & Conditions Agreement refer to Foods4u BVBA, Maanstraat 29, 2800 Mechelen, Belgium.
1.2. All references to the term “Buyer” in this Terms & Conditions Agreement refer to individuals (private), legal persons and unincorporated associations whose benefit based on the following terms and conditions of an order is placed with the Supplier.
Article 2. Applicability
2.1. These Terms and Conditions Agreement apply to all offers, orders and supplier agreements.
2.2. This Terms & Conditions Agreement can only be applied in writing. Other conditions remain unaffected.
2.3. By placing an order via www. Foods4u.be, the buyer accepts this Terms & Conditions Agreement.
Article 3. Confidential Information
3.1. Subject to statutory obligations to disclose certain information, the parties are obligated to observe confidentiality with regard to the information received from the other party. The parties will take all reasonable measures in this respect.
Article 4 Prices and Payments
4.1. The prices of the Supplier include the 6% or 21% VAT (BTW) and are without deduction or rebate, unless otherwise agreed in writing. Shipping costs are not included unless otherwise stated.
4.2. If Buyer chooses payment by bank transfer, the Buyer must pay the amount within 10 days to a bank account designated by the Supplier. If the payment is not received within this period, the order of the Buyer will be cancelled.
4.3. The Supplier offers several payment options, each with their own payment terms. For Belgian Buyers, it is possible to pay cash on delivery through our services and via bank transfer.
4.4. With regard to the varying weights and sizes of a variety of product orders, it is not always possible to determine the final weight exactly before packaging. Price changes that come about as a result of weight gain, are always passed to the Buyer. The order will be sent when the balance is paid. The Buyer will be made aware of any resulting price increases by telephone or e-mail.
Article 5. Offers
5.1. The pricing, quantity of goods and time of delivery mentioned in the articles are not binding on the Supplier. However, the Seller will make every effort to fulfill the stated estimates.
Article 6. Alcoholic Products
6.1. Sale of alcoholic products requires legal identification. When placing an order, the Buyer must be truthful or be prepared to provide legal identification of their birth date.
Article 7. Delivery
7.1. Delivery times are indicative and shown on the site www.foods4u.be. Usually the order will be delivered within 24 to 48 hours after payment (except on weekends and holidays). Compensation can never be claimed for delivery that exceeds this time, which is not based in intent or gross negligence on the part of Supplier..
7.2. The time of delivery is the moment when the products are at the delivery address specified by the Buyer. From the time of delivery, the risk of the products are transferred to the Buyer.
7.3. The buyer is obliged to check the delivered products or packaging immediately upon delivery for any visible damage or defects in connection with the liability of the delivery / courier service. If the goods delivered or the packaging is damaged, the Buyer must contact the Supplier as soon as possible within 2 days.
7.4. If the order is not delivered to the address specified by the Buyer, the order may have been delivered by Taxi Post, to the nearest post office. When delivery is made by Taxipost, the general conditions of Taxipost also apply. If Buyer has ordered a product that requires refrigeration, this should be immediately retrieved from the post office. The Supplier can only guarantee an optimum cooling of such products for up to 24 hours.
Article 8. Ownership conditions
8.1. All ordered products remain the property of the Supplier, as long as the required payment has not been made by the Buyer
Article 9. Intellectual Ownership
9.1. All images displayed on http://www.foods4u.be/ are copyrighted to the name Foods4u BVBA. Unauthorized duplication of these images will be prosecuted.
Article 10. Communication
The Supplier is not responsible for misunderstandings or incorrect orders caused by disrupted communication, such as a failure of the Internet or of connection.
Article 11. Liability
11.1. Subject to the provisions of imperative law concerning (product) liability, and compliance with the rules of public order and good faith, the Supplier is not liable for any damages of any nature whatsoever, direct or indirect, including damage to movable or immovable property, or to any person, to the Buyer.
11.2. Supplier's liability in any case extends no further than the direct damage equivalent to the amount invoiced by the Supplier. This restriction does not apply to direct damages caused by intent or gross negligence of Supplier.
11.3. In no event shall the Supplier be liable for indirect damages such as lost profits or for any other consequential damages.
11.4. The Supplier has the right at any time, if and to the extent possible, to undo the damage of the Buyer.
11.5. Fresh foods such as soups connot be returned, and so must be checked during delivery.
Article 12.Forces of Nature (not attributable to failure)
12.1. The Supplier is not responsible for loss, incorrect or late execution of the orders made by the Supplier, as a result of Forces of Nature in the broadest sense of the word. A Force of Nature is understood to include: severe disruptions, epidemics, natural disasters, fire and other disasters, transportation difficulties, strikes, lockouts, governmental measures, provided these conditions directly affect the proper execution of the contract.
12.2. Once a circumstance referred to in paragraph 1 arises, the Supplier shall notify the Buyer.
12.3. If the Supplier is temporarily unable to carry out an order, he is entitled to suspend implementing the agreement until the difficulties caused by the Force of Nature no longer exist.
Article 13. Claims and Complaints
13.1. If the Buyer can demonstrate that the ordered product does not meet the order, the Buyer has the right to return it. The Supplier shall reimburse the transport costs and send a new product that satisfies the Buyer's order.
13.2. Food items cannot be returned by the Buyer. All non-food products can, with the prior consent of the Supplier, be returned within 7 working days, when the package is not damaged. In this case, the shipping costs must be paid for by the Buyer.
13.3. The Supplier will handle Buyer complaints as soon as possible. Complaints are usually handled quickest by e-mail.
13.4. For all disputes, the only competent courts are those in the district of the Supplier.
All prices include VAT (BTW).