Article 1 – OBJECT
The company BISCUITERIE DANDOY S.A., having registered office at 31 Rue au Beurre in 1000 Brussels (Belgium), registered with the Crossroad Bank for Enterprises under number 0441.923.189, (hereinafter, "DANDOY") directs and operates the website https://maisondandoy.com and its sub-domains (hereinafter, the "Website"), which consists of an online platform for the sale of products allowing in particular remote ordering by any natural or legal person, in his own name or on behalf of third parties, for both professional and private purposes (hereinafter, the "Customer").
Article 2 – OPPOSABILITY
These Conditions appearing online on the Website prevail over any other version, printed or not, of an earlier date. Any order from the Customer implies full and unreserved acceptance of these Conditions to the exclusion of any other document.
Any possible derogation from these Conditions shall only be valid if it has previously been expressly accepted in advance by DANDOY, this derogation not involving any waiver of the application of the other clauses of these Conditions.
DANDOY reserves the right to adapt these Conditions at any time by giving prior express notice (by email) to the Customer.
The applicable Conditions are those in force on the day the order is concluded. The Customer declares to adhere to it and to accept the content by ticking the box "I accept the general conditions" before confirming the order.
Article 3 – INFORMATION
The Customer declares to have been fully informed of the characteristics of the products he orders. He further certifies by using the Website:
- To be at least 18 years old and have full legal capacity;
- Not to impersonate any other person or entity, or use a false name or a name that he is not authorized to use; and not to use the Website for any unlawful purpose whatsoever and agrees to use it in accordance with applicable law;
- To have accepted the application of the General Conditions of Use and the Privacy Charter.
Article 4 – ORDERS
The products offered by DANDOY are those listed on the Website on the day of its consultation by the Customer within the limits of available stocks. The products are presented on the Website, with the maximum of accuracy and precision in order to allow a complete description (photo, price, wording, composition), for information only.
The products offered on the Website being foodstuffs, which may deteriorate or expire quickly, the Customer does not have the right of withdrawal.
Any order on the Website requires the registration of the Customer, via his email address. DANDOY's offers are non-binding and only become binding once the order has been placed and confirmed by email.
At any time, the Customer can view the overview of the products he has selected, by clicking on "My cart" and continue his order. As soon as he clicks on "Proceed to payment", the Customer definitively confirms his order: the order is registered and the sale is definitively concluded. The Customer can no longer correct any errors made in the data entry of the order.
The contract is deemed to have been concluded upon confirmation by email and implies unreserved acceptance of these Conditions. The order confirmation includes details of the order.
Product offers are valid within the limits of available stocks. DANDOY's product catalog is subject to continuous development. After validation of the order and in case of unavailability of the product, the Customer will be informed as soon as possible by email. The Customer may then, electronically, request the cancellation of the order, without it resulting in any compensation to be paid by DANDOY.
Article 5 – PRICES
The prices of DANDOY products are indicated on the website in Euros (€) and include VAT and all taxes. Prices are net and excluding postage, delivery and shipping costs not being included.
DANDOY reserves the right to change prices at any time. Products are invoiced on the basis of the rates in force at the time the order is placed, subject to availability. The confirmation of the order implies the acceptance of the price indicated for the chosen product.
Shipping costs, and any other charges or taxes, are specified separately in the order summary and must also be paid at the time of order. In the order confirmation, the total amount is the final price, expressed all taxes and fees included.
Any order delivered outside Belgium may be subject to taxes and/or customs duties imposed when the order reaches its destination. These are exclusively borne by the Customer and are his responsibility.
Article 6 – DELIVERY
The DANDOY product range is available in Belgium and abroad. Deliveries are made only according to product availability, in the order in which orders are received. Delivery details are available under the "Delivery" section of the Website.
The Customer accepts delivery/shipment by third party transport/delivery companies, partners of DANDOY. All costs/taxes/formalities of transport or delivery (including outside the territory of the European Union) as included in the purchase process, are the sole responsibility of the Customer.
The delivery period is ............. working days after receipt of payment, for delivery within the European Union, and ............... working days for delivery outside the European Union. Delivery times are only indicative and do not commit DANDOY. Delivery times may be delayed due to independent or external factors (licenses/administrative authorizations/customs fees, etc.). In any event, DANDOY is in no way responsible for the transport/delivery of the products, which is done at the Customer's risk, as well as for any defect or possible delay in this respect.
Furthermore, DANDOY declines all responsibility for the delay or non-delivery in the event of force majeure or events beyond its control, making it impossible or more costly to perform the Contract in whole or in part, or in the event of third parties, such as suppliers (subcontractors, agents and representatives), or in the event that the Customer fails to meet his commitments. Examples of force majeure include events beyond the control of the parties, such as wars, riots, fires, strikes including transport services strikes, accidents and the impossibility of being supplied.
If, upon receipt, the Customer notices that the package has suffered damage during transport, he must immediately inform DANDOY by email. The return of the product is not accepted. In case of breakage or damage to the packaging that would make the product unfit for use, the Customer may send an email to customer service at: email@example.com, and send photos of the product and the packaging together with the request. The request is only possible if it is made as soon as possible, and at the latest within 3 working days after receipt of the package.
Article 7 – PAYMENT MODALITIES
The items offered on the Website are shipped from Belgium. Invoices are issued in Euros and are subject to Belgian VAT (6%) and transport costs (21%).
Payment for purchases can be made online by credit card (Visa, Mastercard) as well as by PayPal. The price is payable in full in a single payment when ordering.
The validation of the order is issued once the debit authorization has been sent by the payment verification and validation body. It is at this time that the Customer will receive confirmation of receipt of payment of the price by email.
In order to guarantee the security and confidentiality of banking data, it is encrypted using the SSL protocol ("Secure Socket Layer") and is never transmitted in clear text over the Internet.
DANDOY reserves the right to suspend any order management in the event of refusal of authorization of payment by credit card by accredited organizations or in the event of non-payment. If necessary, it may consider the sale as null and void.
Article 8 – RESPONSIBILITY
DANDOY's products are in the original packaging of the manufacturer and are deemed to be fully known and accepted by the Customer.
The products offered comply with Belgian and European legislation in force, particularly in terms of food safety. DANDOY cannot be held liable insofar as it has performed its services in accordance with the requirements of these regulations. In particular, DANDOY cannot assume responsibility for product tolerance and its possible consequences.
In no event shall DANDOY be held liable in the event that, by extraordinary circumstances, these products do not comply with a legal or regulatory requirement in the country where they are delivered.
The Customer expressly releases DANDOY from any liability whatsoever relating to any material damage that may arise from the use of the products sold as well as for any indirect damage due in particular to the loss of profit, production, activities, customers, damage to the image, etc.
Any complaint must be sent in writing, without delay, by email to the customer service: firstname.lastname@example.org or by registered letter to DANDOY. If it appears, within fifteen (15) days of receipt of the complaint, that DANDOY has failed to fulfil its obligations, the latter shall, at its own expense, make a new delivery of the products that are the subject of the complaint or, failing this, reimburse the Customer concerned for the equivalent amount of the order. In any event, DANDOY will assess complaints on a case-by-case basis and in good faith, endeavoring to find the most appropriate solution for the Customer in accordance with his specifications and within the limits of these Conditions.
Article 9 – INTELLECTUAL PROPERTY
The Website and all its components (including trademarks, logos, graphics, photographs, videos, texts, etc.), as well as any document, booklet, methodology applied and computer code relating thereto, are the exclusive property of DANDOY. These are protected by intellectual property rights and may not be used without the prior written consent of DANDOY. In particular, the Customer may not assert any rights over the computer programs and databases used by DANDOY in the performance of the Agreement. Assuming that certain elements, documents or works of any kind are made available to the Client by DANDOY, they remain the sole property of DANDOY and may not be reproduced, in any form or manner, without DANDOY's prior written authorization.
Article 10 – APPLICABLE LAW AND COMPETENT JURISDICTION
These Conditions are governed, interpreted and applied in accordance with Belgian law.
The courts and tribunals of the district of Brussels shall have exclusive jurisdiction for any dispute concerning these Conditions.