FERME DES SOURCES GENERAL TERMS AND CONDITIONS
1. Scope
1.1 Applicability. The General Terms and Conditions of La Ferme des Sources SPRL (hereinafter, "the Seller") are applicable to all orders placed by a user from the Seller, and all sales contracts concluded with the Seller. Unless otherwise agreed, these General Terms and Conditions apply to all amendments and/or future orders. 1.2 Exclusions. These General Terms and Conditions exclude, in the absence of written acceptance of the Seller, all general and special conditions of a user. No exceptions to these General Terms and Conditions of sale shall be allowed without the written confirmation of the Seller. 1.3 Acceptance. Unless proved otherwise, a user acknowledges the present General Terms and Conditions and accepts them in their entirety.
2. Orders
2.1 Any order of product(s) (prepared food) must be made online via the website www.fermedessources.com (hereinafter, “the Site"). 2.2 Product Selection and Registration. When a user wishes to order, he chooses the product(s) he is interested in. A user then places his order in a "virtual shopping cart" which is checked by him. A user must register by creating an account on the site, giving his personal data. A user will receive a welcome email sent to the email address given during registration and confirming this registration. 2.3 Confirming the Order. When desired, a user can complete his purchase. Changes to an order are no longer possible. In his "virtual shopping cart", a user must click on "Order" and accurately complete the input fields during the different stages. These input fields give a user the necessary information concerning payment methods, billing and delivery or the eventual withdrawal of a product(s) selected when ordering. In the case of incomplete or inaccurate information, the Seller reserves the right to cancel the order. Before a user clicks on "Checkout with obligation to pay", a user must tick the box "I have read and accept the General Terms and Conditions". Otherwise, the order cannot be accepted. Once a user clicks on "Checkout with obligation to pay", he definitely confirms his order. The order is therefore registered and becomes irrevocable. The user becomes “the Buyer”. The acceptance of the order constitutes an electronic signature which has, between the Seller and the Buyer, the same value as a handwritten signature. A summary of the product(s) ordered, the quantity, the price of the product(s) (including or excluding VAT), delivery costs, details of delivery and billing, can be downloaded by the Buyer. 2.4 Payment and Order Confirmation. Product(s) ordered, including the cost of delivery and payment are made online via the PayPal interface. The payment options are specified on the PayPal site. PayPal verifies the validity of the credit card before granting authorization of payment which is then confirmed to the Seller. An email order confirmation is sent to the Buyer at the email address given during registration. This confirmation will contain: a summary of the order, a description of the product(s) ordered, the price of the order, shipping information and a link to the General Terms and Conditions. It is strongly recommended to print and keep a copy of the order confirmation. In the case of refusal by PayPal, the order is automatically canceled and the Buyer is automatically informed by email to the email address given at registration, which will contain the reason(s) for refusal. The Buyer’s credit card information is processed by PayPal. The Seller has no knowledge of this information. 2.5 No Right of Withdrawal. According to Article VI.53, 4 of the Code of Commercial Law, the Buyer has no right to refuse a product(s) which is/are spoiled or rapidly deteriorated in transit.
3. Delivery
3.1 Shipment. The product(s) are delivered by post to the Buyer at the precise address given by the Buyer. The invoice is attached to the shipment. The Buyer undertakes to inform the Seller of any change of address. 3.2 Delays. Delivery times are indicative. Delivery delays may not give rise to termination by the Buyer of the order or the payment of damages or interest to the Seller. 3.3 Expenses. Except in the case of withdrawal of the product(s) by the Seller, the delivery costs of the product(s) to the delivery address are included in the price of the order. Delivery charges and, if applicable, the price of unsold product(s) relating to any delivery that could not be supplied for a reason attributable to the Buyer, are included.
4. Warranty
4.1 Purpose. The Seller warrants any lack of conformity of product(s) that might exist at the time of sale that appear during a period running from their delivery until the expiry of the time limit or usual consumption. 4.2 Replacement/Refund. The Seller's warranty is the replacement of non-conforming product(s) and in the case of impossibility to replace, reimbursement.
5. Price and Payment
5.1 Unless otherwise agreed by the Seller, all orders are payable in Euro, at the registered office, at the time of ordering. 5.2 The default of payment of the price entitles the Seller to suspend the delivery of product(s) and/or terminate the order without prejudice to the payment by the Buyer and any damages or interest.
6. Claims
Any claim concerning invoicing must be motivated and notified to the Seller at the latest within 48 hours of its receipt by the Buyer. The Buyer must reserve proof of sending the complaint to the Seller.
7. Responsibility
7.1 Information. The Buyer is responsible for the accuracy of the information provided to the Seller. 7.2 Delay. The Seller shall not be liable for any failure of performance of the consequences or delay in performing its obligations if such a failure or delay results from a change of control or additional control or circumstances outside its control, such as a particular case of force majeure or acts of government. 7.3 Conservation/Use. In no case shall the Seller be held responsible for the consequences of storing or improper use of the product(s). 7.4 Exclusions/Limitations. In the case that the Seller's liability could be engaged, it is limited to direct and foreseeable damages, including personal injury, damage to the Buyer resulting from an act or omission of the Seller, excluding any indirect, as such, any financial or economic loss. Except for personal injury, damage that a Buyer could claim against the Seller is limited to the amount (excluding VAT) of the order in question. The Seller's liability is excluded for damage caused both by a defect in the delivered product(s) or by the fault of the victim or a person for whom the victim is responsible.
8. Protection of Privacy
8.1 Purpose of Protection. Treatment of personal data by the Seller, including customer administration, promotion of the Seller’s products, the establishment of personalized information and direct marketing campaigns, including via email should only be used for the purposes of implementing this agreement. 8.2 Buyer's Rights. The Buyer also has, free of charge, the right to access, check and correct personal data in accordance with the law of 8 December 1992 on the Protection of Privacy with regard to personal data processing. Any request in this regard must be sent by regular mail or electronically to the Seller.
9. General
9.1 Severability/Irrelevance. The invalidity or unenforceability of any provision of these General Terms and Conditions shall not affect the validity or enforceability of the remaining provisions. If necessary, the parties undertake to replace the invalid or unenforceable provision by a valid clause that is nearest to an economic standpoint of the invalid or unenforceable provision. 9.2 Waiver. Any waiver by the Seller to avail all or part of these General Terms and Conditions at any given time may be interpreted as a waiver to invoke it at a later date.
10. Governing Law and Jurisdiction
10.1 Governing Law. These General Terms and Conditions and any agreement to which they apply are governed by Belgian law. 10.2 Jurisdiction. Any dispute concerning the formation, execution, interpretation of these General Terms and Conditions and any agreement to which they apply and which cannot be resolved amicably shall be submitted, acting for the Buyer’s business purposes in the jurisdiction of courts in the judicial district of Huy and for the Buyer’s acting for non-professional purposes, the choice of the applicant, to the jurisdiction of courts in Article 624, 1 °, 2 ° or 4 ° the Judicial Code.
