The BELGIAN FRESH FOOD Terms and Conditions apply to all purchases of our products and any other possible legal relationship between BELGIAN FRESH FOOD on the one hand and the visitor of this website, user of the Webshop or any other BELGIAN FRESH FOOD customer on the other.
You can consult a copy of these general terms and conditions at the following link: www.claessenshomedelivery.be
This website, including the Online Shop, is the property of BELGIAN FRESH FOOD NV, with registered office at 2020 Antwerp, Kielsbroek 23 (company number 0432.819.146)
All logos, images, content and design found on this website are protected by various intellectual property rights. Therefore, nothing from this website may be copied, altered, distributed or made public in any way without the prior explicit and written consent of the respective rights holders.
Terms and Conditions
- PRELIMINARY PROVISIONS
These general terms and conditions govern all legal relationships (including, but not limited to: orders, order forms, quotations, work orders, agreements, deliveries, services, etc.) between:
BELGIAN FRESH FOODnv, with registered office at 2020 Antwerp, Kielsbroek 23 and with company number 0432.819.146 (hereinafter referred to as BFF) and;
The customer (i.e. the legal person who placed the order);
Also referred to collectively as the Parties or individually as a Party;
Including the legal relationships between those that arise between the Parties as a result of the use of the customer of the BFF webshop: http://groothandelclaessens.be, without prejudice to any special conditions agreed by separate agreement. Unless there is an explicit and written deviation from these general terms and conditions, they are binding on the customer. These conditions always take precedence over all other possible (invoice) conditions of the customer. By the mere order, the customer agrees to these terms and conditions.
BFF’s proposals / offers do not imply any commitment and are made subject to sale and / or sufficient stock. Representative statements and orders are only valid if accepted or confirmed in writing by BFF.
Indications and descriptions of our products, services and rates on our webshop or elsewhere, are as accurate as possible, but are only given by way of information and without any obligation.
Should any provision of these general terms and conditions be wholly or partially invalid, the validity of the other provisions of these general terms and conditions will not be affected. The fact that BFF does not apply some clause stipulated in these general terms and conditions to its advantage cannot be interpreted as a waiver of the right to invoke them.
A sale is only concluded after written confirmation by BFF. BFF is never responsible for any mistakes made by the customer when placing the order (including incorrect statement of product or quantity). BFF is only responsible for the processing of the order, as communicated or selected by the customer. BFF only accepts liability if the non-conform delivery is reported in writing immediately after receipt of the delivered products.
Any cancellation of an order by the customer must be in writing. It is only valid with a written acceptance by BFF. In case of cancellation of the sale by the customer, the customer is obliged to pay a cancellation compensation of 30% of the total amount of the order, without prejudice to BFF’s right to claim higher compensation if it can demonstrate higher actual damage.
Without prejudice to the above, BFF always has the right to demand the forced execution of the agreement.
- PRICES – PAYMENT METHODS
Prices are net and do not include transportation costs. Transport costs and all other expenses, taxes and charges that are incidental to the sale or ensuing from it are borne exclusively by the customer. For promotions, the different discounts cannot be combined unless explicitly stated.
The customer always provides BFF with all correct information that is necessary to enable invoicing. Any administrative changes must be immediately reported to BFF. If BFF has to change an invoice because the customer has not provided his details correctly, an administrative extra cost of EUR 20.00 will be charged.
Unless otherwise stated on the invoice, all invoices are payable in cash in euros at BFF’s registered office. Payments by the customer are always assumed to be payments from the oldest unpaid invoice, even if payment by the customer refers to a more recent invoice. All possible costs of payment are borne by the customer.
In the event of late payment, an interest of 1% per month will be payable by operation of law and without prior notice of default, and the amount due will be increased by operation of law and without prior notice of default, with a flat-rate compensation of 10% of the amount still due. , with a minimum of 150 euros for administrative and other costs. Failure to pay on the due date will also legally and without prior notice lead to the lapse of any permitted discounts or payment terms, as well as the immediate payment of all sums still owed to BFF.
Any protest against BFF’s invoices must be made known to BFF in writing, with detailed reasons and by registered mail, failing which the invoice is presumed to have been accepted by the customer. No complaint grants the customer the right to suspend or postpone payment in whole or in part.
The Parties agree that all their mutual claims will be immediately offset from the occurrence of the respective claims, including those not yet due, due or due and including all claims that depend on a future condition, including any reason also for damages owed (including damages, expenses or expenses) in accordance with the law of December 15, 2004 on financial securities.
- DELIVERY TIMES – DELIVERY CONDITIONS
Unless otherwise agreed between the Parties, the delivery times can always be interpreted approximately. Mentioning a delivery time on a customer’s own order form does not affect this. Delay in delivery does not entitle you to compensation, nor to termination of the agreement. In any event, BFF’s liability for delays in delivery will never exceed 5% of the total value of the products ordered in delay, and this only if the customer proves that there is damage for at least that amount. In any case, such a claim can only be instituted by the customer after written notice of default from BFF, whereby the latter is subsequently granted a reasonable period for the delivery.
Delivery is ex works. The customer will check the quality and quantity immediately upon delivery (and at the latest upon arrival at the destination if the goods are transported at the customer’s risk). Any defects or shortcomings must be made known immediately by registered letter. BFF must be given the opportunity to check the delivered goods for every complaint. The customer undertakes to accept partial deliveries.
Due to the nature of the goods, they can under no circumstances be returned.
- SHIPPING – TRANSFER OF RISK
The delivered goods remain the property of BFF up to the moment of full payment of all sums due by the customer, the method for the relevant delivery or earlier or later deliveries, including the price and all collection costs, damages and interest owed by the customer. In the event of resale, BFF reserves the right to claim the sum corresponding to the value of the resold goods. The retention of title is transferred to the resale price.
The products are delivered ex works, unless otherwise stated. In the event of delivery by BFF to an address specified by the customer when ordering, the transport is at the customer’s risk and the risk is transferred at the time of delivery of the products by BFF to the carrier.
- ACCEPTANCE – COMPLAINTS
Under penalty of forfeiture of rights, the customer must send any complaint or protest to BFF, including detailed reasons, at the latest within 8 days after the invoice date. Visible defects must be reported immediately upon delivery. No complaints will be accepted after this period. Submitting a complaint does not release the customer from his payment obligation.
- TERMINATION OF AGREEMENT – SUSPENSION PERFORMANCE
Without prejudice to BFF’s right to demand performance in kind, BFF has the right to (i) dissolve the contract with the customer without judicial intervention and without prior notice of default at the customer’s risk (i) or (ii) temporarily suspend its performance, by written notification of its decision to the customer, in the event of (of):
Serious contractual breach on the part of the customer (serious breaches will include: failure to pay an invoice on the due date); In the event of termination of the contract at the expense of the customer due to contractual default, a termination fee of 30% of the total amount of the order will also be payable, without prejudice to BFF’s right to claim higher damages if it can demonstrate higher actual damage. .
Force majeure on the part of BFF (which means unforeseen circumstances that disrupt normal business operations and make the fulfillment of the agreement considerably more difficult or impossible, such as, among other things, non-exhaustive: strike and lock-out, both at BFF and its suppliers, machine failure, fire, interruption of means of transport, supply difficulties). Force majeure releases BFF from any liability and enables it, as the case may be, to shorten its obligations or to terminate the agreement or suspend its performance if the force majeure lasts longer than one month, without this is obliged to pay any compensation to the customer.
The ordered products are no longer commercially available;
The customer has filed for bankruptcy or has been declared bankrupt.
Under no circumstances will BFF be liable to pay damages to the customer in the event of a dissolution of the agreement by BFF because of a ground for dissolution described in the present article.
- JURISDICTION AND APPLICABLE LAW
The courts of the district of Antwerp and under the jurisdiction of the Justice of the Peace, the Justice of the Peace of the Fifth Canton of Antwerp has exclusive jurisdiction over all disputes that may arise from relations between BFF and the customer, including disputes regarding the application and the interpretation of these general terms and conditions. If the dispute falls within the competence of the Justice of the Peace, the Justice of the Peace of the 5th canton in Antwerp will have territorial jurisdiction. These general terms and conditions as well as any contract between BFF and the customer are governed by Belgian law.
All organic products are checked by control body BE-BIO 01-Certysis.