Terms and conditions
General terms and conditions STARBROOK CHOCOLATE COMPANY BVBA applicable to sales to consumers via the website
1. The STARBROOK CHOCOLATE COMPANY BVBA is a company under Belgian law, with registered headquarters at Toekomstlaan 49, 2200 Herentals, is included in the trade register under number 0457.984.411 and can be reached via telephone number 014/230333 and e-mail address firstname.lastname@example.org. These general terms and conditions exclusively apply to sales agreed between the STARBROOK CHOCOLATE COMPANY BVBA and consumers. The latter are defined as all natural persons who purchase goods, for non-professional reasons, which have been launched on to the market by the STARBROOK CHOCOLATE COMPANY BVBA. By using the website or another electronic portal of the STARBROOK CHOCOLATE COMPANY BVBA and/or by placing an order via the Web-shop of the STARBROOK CHOCOLATE COMPANY BVBA, consumers accept these general terms and conditions as well as all rights and duties stipulated on the Website.
The Law concerning competition and consumer protection of 6 April 2010 (WMPC) stipulates that consumers are entitled to annul all (sales) contracts within a period of 14 calendar days. They can exercise this right without having to pay a penalty or without having to indicate a motive. When exercising this right to annulment, consumers must return the goods to the seller. Any costs associated with returning the goods must be paid by the consumer. Under article 47, § 4, consumers are not entitled to exercise this right to annulment when it concerns the supply of goods that have been manufactured in accordance with the consumer's specifications (like e.g. custom-made products), which have a clear personal character or which, due to their nature, cannot be returned or can quickly degrade or age; in case of food, this includes items where packaging has been opened.
All order annulments that do not fall under this legal right to annulment must be carried out in writing. In this case, and also if the contract is annulled to the detriment of the consumer, the latter must pay standard compensation amounting to 50 % of the value of the purchase, without prejudicing the right of the STARBROOK CHOCOLATE COMPANY BVBA to submit proof of greater damage. This compensation must be paid to cover e.g. fixed and variable costs, loss of profits, etc.
2. When placing an order, the consumer confirms to have received sufficient information about the properties of the products on sale. Upon delivery, certain product characteristics, like colour, format, etc., could differ from photos shown on the website. The STARBROOK CHOCOLATE COMPANY BVBA cannot be held liable for minor colour differences attributable to the printing/publication process.
3. A contract will be in effect from the moment that an order confirmation is handed over to the consumer or, if the offer has been made via the Website, sent via e-mail to the e-mail address indicated by the consumer.
4. All prices mentioned on the website are expressed in Euro and include VAT and other taxes, but exclude delivery costs. The price will be mentioned on the order form. Apparent or manifest errors in pricing can also be modified by the STARBROOK CHOCOLATE COMPANY BVBA once the contract has come into effect. The consumer will be clearly informed about associated delivery costs. The STARBROOK CHOCOLATE COMPANY BVBA retains the right to unilaterally change prices, at any time and without prior notice, but will always implement the price mentioned on the website when the order was placed, except in cases of clear pricing errors, as mentioned above. Payment will take place via the means identified on the website. In any case, the amount mentioned on the invoices of the STARBROOK CHOCOLATE COMPANY BVBA must always be paid in Geel, in the stipulated currency, in cash and without discounts. Payment made by exchanging goods will not result in owed amounts being renewed. Unless stated otherwise, all invoices must be paid in cash and without discounts. Invoices will become legally valid once they are accepted and, under article 1139 C.C., once the expiry date passes, notification of default will no longer be necessary. All invoices will be deemed to have been accepted by the debtor unless an objection is received via registered letter within eight days. As of the expiry date, unpaid amounts on the invoice will, without further notification, be legally subject to late payment interest of 12% per year. If an invoice is not paid by the expiry date, all outstanding invoices, including those that are not yet overdue, will become immediately claimable. If payment is not made by the expiry date and a timely and well-founded objection is not received, the debtor will, under article 1147 C.C., be legally required to pay compensation, which has been standardised and irreducibly set at 12 % of the unpaid amount, with a minimum of 150.00 EUR, without prejudicing the late payment interest and possible legal costs. For its part, the STARBROOK CHOCOLATE COMPANY BVBA will be required to pay compensation if it clearly fails to meet its contractual obligations.
5. Delivery will take place from the premises of the STARBROOK CHOCOLATE COMPANY BVBA, unless stated otherwise, and at the risk of the consumer, who will be responsible for loss and/or damage to goods after delivery and must seek appropriate insurance against such damage. The supplied goods, even if they have been processed or modified, will remain the property of the STARBROOK CHOCOLATE COMPANY BVBA until the invoice amount, interest and costs have been paid. If payment is not made by the expiry date, the STARBROOK CHOCOLATE COMPANY BVBA will be entitled to legally annul the sale without further reminder. All costs associated with recuperating the goods must be paid by the defaulting consumer. The seller agrees to supply the goods at the agreed moment in time.
6. The consumer must immediately receive and check the goods once delivery has been made. As far as visible defects are concerned, complaints will not be accepted if forty-eight hours has passed since delivery or if the goods have been processed. Complaints must be made in writing. Hidden defects can only result in reimbursement if they have been detected within a reasonable period and if they have been reported within eight days of being encountered. Goods that have been modified, incorporated, processed or re-sold will be deemed to have been accepted by the consumer and will never be considered for return. All supplied goods are guaranteed under the warranty offered by the manufacturer, though this is restricted to the final use-by date of the goods.
7. All agreements and disputes are subject to Belgian law. All disputes will fall exclusively under the jurisdiction of the Court of District Turnhout, whereby the Justice of the Peace in the canton of Turnhout is also authorised.
1. By placing an order, the buyer is supposed to have thorough knowledge of the current terms of sale and agreewith them. These terms of sale are always prior to the standard or exceptional buying, selling or invoiceconditions of the buyer.
2. In order to commit our firm every order must be confirmed in our office.
3. We take all useful steps in order to respect the terms of delivery and we do not accept any penalty of delay.A delay in the delivery may not in any case lead to a cancellation of the order or any kind of compensation.
4. The goods are dispatched at the own risks of the consignee. The discharge of the goods is on behalf of andat the buyer’s own risks.
5. In order to be valid any complaint must be made in writing to our firm, at the latest within the 5 days whichfollow the receipt of the goods. Overdue complaints relieve Starbrook Chocolate Company from any liability.
6. All the invoices are to be paid in Geel.
7. We always have the possibility to invoice the delivered goods, even if the delivery is a part of the order.
8. Our agents or representatives do not have authority to collect the amount of the invoice except explicitstipulation. No agent or representative has the right to commit us concerning sales prices and/or method ofpayment.
9. The risk of change is chargeable to the buyer.
10. In the absence of any express written provision to the contrary, all invoices are payable cash.
11. Any amount unpaid on the due date shall, automatically and without prior notice, attract interest at a rate2 % above the Belgian legal interest rate, with a minimum interest rate of 12 %.
12. Should an invoice remain unpaid on the due date, we shall exercise the right to claim a flat rate indemnificationof 12% of the entire due amount with a minimum of 150€.
13. Should an invoice remain unpaid on the due date, all invoices shall immediately become due for payment,regardless of their original date of maturity. If a single invoice is not paid or only partly paid,on the due date,it also implies that all possible discounts granted expire and at the same time become payable. This is applicableto the entire due amount of all other invoices, even if not expired, as also for the goods that still needto be invoiced and as for attributional annual discounts.The above mentioned compensations do not harm the claim of any legal fees. The legal costs of StarbrookChocolate Company demand payment by the buyer.
14. Should the buyer fail to honour his engagements, we may consider the contract cancelled and a letter sentby recorded delivery by us to the buyer shall be evidence of our exercise of this right. Such action shall not inany way limit or prejudice other rights because of loss of profit.An administrative claim of 25% will be charged to the buyer, undiminished by the right to prove a higher claimand demand compensation.
15. If in our opinion there is a deterioration in the creditworthiness of the buyer on account of measures of judicialexecution against the buyer and/or other negative demonstrable events, we reserve the right to suspend allor part of any contracts in operation and to ask the buyer to provide such guarantees as we may deem properto ensure the fulfilment by the buyer of his engagements under the contract. Such request may be madebefore or after the delivery of all or part of any order. Should the buyer fail to meet any reasonable demandfor such a guarantee, we shall have the right to cancel all or part of any contracts in operation. Such actionshall not in any way limit or prejudice our other rights for damages and interests.
16 Until payment in full to us for the goods the goods shall remain our property. Notwithstanding the foregoing,the risk in the goods and all liability to third parties in respect thereof shall pass to the buyer on delivery.
17. The buyer shall be entitled to transform the goods or to incorporate them in a new product or products. Inthat case we reserve to ourselves the legal and equitable title to the final product or products into which thegoods are incorporated or mixed. The buyer shall store the final products separately and property of theseproducts shall remain with us until full payment will have been made to us for the goods. The buyer may sellthe goods in the normal course of his business but on condition that the buyer, in a fiduciary capacity as baileeof the goods, and for so long as he has not fully discharged his debt to us, shall hold and pursue claims forthe proceeds of their sale equal to the price of the goods for and on behalf of us. The buyer shall fully pursuesuch claims and if necessary shall recover the sums due by legal process. The buyer shall if so required byus, allow us to conduct in the buyer’s name legal proceedings in respect of the monies due on the sale of thegoods. Any sums recovered by us a result of such proceedings (including sums accepted by us in settlementthereof whether or not equal to the sums claimed) shall be applied to the payment of the monies due to usfrom the buyer and then to the reasonable costs incurred by us in the course of such proceedings. Any balanceremaining shall be paid to the buyer. Prior to the sale of the goods, the buyer shall, so far as reasonablypracticable, store the goods separately from similar goods of the buyer, mark the goods as our property andshall not remove, obliterate or in any manner alter any label, mark or other means we may have of identifyingthe goods.
18. The conditions of this contract shall not be modified in any way by the drawing or acceptance of a bill ofexchange or by any other arrangement, nor shall any such act constitute a novation.
19. Disputes arising out of this contract shall be referred to the Courts of Turnhout or, at our discretion, to theCourts having jurisdiction at the buyer’s domicile.