1) Terms and conditions of sale
Arsène SRL is a Limited Liability Company under Belgian law with its registered office at Avenue Maupassant, 33 (0751.497.008), 1300 Wavre (Belgium).
The Client is the person, natural or legal person, who, within the framework of his professional activities, has ordered services or goods from him. The product sold is embodied by the delivery of food goods.
2. Scope of application.
The present general terms and conditions form the contract between the parties, to the exclusion of the Customer’s own terms and conditions. No derogation from the present general conditions will be admitted, except with the prior written agreement of Arsène. Failure to implement a provision contained in the present general conditions may not be interpreted as a renunciation by Arsene to avail itself of it or as the recognition of any right on the part of the Client.
3. 3. Request for service.
All requests for services and products are made by the Client through Arsène’s website or by e-mail. The Client composes his service request taking into account the options left to him by the website. At the end of the process of composing his service request, the Client sees the price of his request appear. The price does not include VAT or other taxes and is strictly and solely for the services and benefits referred to therein, excluding extraordinary costs and disbursements but including packaging costs. If the price suits him, the Customer can place an order for the service set by him, at the price displayed on the site and pay a deposit equivalent to 50% of the price plus VAT or any other taxes. He then receives an acknowledgement of receipt of the order from Arsène. The order becomes final and the contract concluded if, within a period of 15 days from the sending of the acknowledgement of receipt of the order, Arsène has not refused the order. In the event that Arsène refuses the order, the deposit is returned by Arsène.
A deposit equivalent to 50% of the price plus VAT or any other taxes is invoiced at the time the order is placed. The balance of the price plus VAT or any other taxes is invoiced at the time of delivery of the service ordered.
5. Cancellation clause.
The Client may validly renounce the contract provided that 1) this renunciation is made by registered letter with acknowledgement of receipt within 30 days of its conclusion, 2) Arsène has not begun to perform its obligations and 3) the Client pays a cancellation indemnity equivalent to 66% of the deposit paid, the balance being then returned to the Client. After this period of 30 days or in the event that Arsène has begun to execute the contract, it will no longer be possible for the Client to renounce it. Where necessary, article 1794 of the Civil Code is, by express agreement, rendered inapplicable.
Arsène may at any time renounce the contract, by notice generated on the website, by returning to the Client the totality of the deposit paid. In so far as necessary, article 1794 of the Civil Code is, by express agreement, rendered inapplicable.
Any modification of the order occurring after the conclusion of the contract must be transmitted in writing to Arsène who, in case of acceptance, reserves the right to modify its conditions accordingly.
In the event that Arsene is unable to ensure the sale of the products ordered, the client will be notified by e-mail of a similar alternative.
The client will hold Arsène harmless from any third party claim, in principal, interest and costs. Arsène is not liable for faults, failures and damages caused by third parties, including subcontractors or executing agents. The Client is solely responsible for delays, defects and damaging consequences resulting from inaccurate or incomplete information communicated to Arsène. The Client acknowledges and accepts that all of Arsène’s obligations are exclusively of means and that Arsène is only liable for its fraud or gross negligence. In the event that the Client demonstrates the existence of gross negligence or wilful misconduct on the part of Arsene, the damages for which the Client may claim compensation will only include material damages resulting directly from the fault imputed to Arsene to the exclusion of all other damages (e.g. moral, pleasure, enjoyment, loss of profit, expenses, etc.) and will not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the Client in execution of the contract. The buyer shall bear all risks and costs from the time of delivery, including those related to transport.
8. Approval of the good or service.
Upon payment of the balance of the price, the Client is solely and uniquely responsible for the recovery of the good or service ordered and undertakes to take the necessary measures to prevent the delivery of the contract from generating, on his part or on Arsène’s part, harmful consequences.
9. Time limits.
Delivery and execution deadlines are provided for information purposes only and are therefore in no way binding on Arsene. A delay in the execution or delivery can in no case give rise to any indemnity, damages or interest, or to the termination of the contract or to the suspension of the Client’s obligations.
10. Force majeure, fortuitous events and unforeseen circumstances.
Arsène cannot be held responsible, either contractually or extra-contractually, in the event of temporary or definitive non-execution of its obligations when this non-execution results from a case of force majeure or fortuitous event. In particular, the following events will be considered as cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of Arsène’s computer system or its database when one or other of these events cannot reasonably be directly attributed to Arsène and it is not demonstrated that Arsène failed to take reasonable measures to prevent one or other of these events, 2) earthquakes, 3) fires, 4) floods, 5) epidemics, 6) acts of war or terrorism, 7) strikes, declared or not, 8) lockouts, 9) blockades, 10) insurrections and riots, 11) a stoppage in the supply of energy (such as electricity), 12) a failure of the Internet network or data storage system, 13) a failure of the telecommunications network, 14) a loss of connectivity to the Internet network or to the telecommunications network on which Arsène depends, 15) an act or decision of a third party where such decision affects the proper performance of this contract or 16) any other cause beyond the reasonable control of Arsène.
If, due to circumstances beyond Arsène’s control, the performance of its obligations cannot be continued or is simply made more costly or difficult, Arsène and the Client undertake to negotiate in good faith and loyally an adaptation of the contractual conditions within a reasonable period of time in order to restore the balance. In the absence of agreement within a reasonable period of time, each of the Parties may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind whatsoever.
The delivery of the goods and services ordered by the Client or their partial use implies final approval of what has been delivered. The buyer must examine the products sold upon receipt. Any problem must be notified to us in writing within 5 calendar days of the defect being found. Complaints relating to the work delivered or services provided are only admissible if (a) they do not concern the conformity of the goods or service delivered with the parameters set by the Customer and (b) they are communicated by registered letter within eight days of delivery. In any case, any action for contractual or extra-contractual liability against Arsène is time-barred after 6 months from the date of the occurrence of the wrongful act.
Invoices are payable in cash, unless expressly waived, at the registered office of Arsène, or at the financial institution mentioned on the invoice. Any invoice that remains unpaid on its due date will be automatically subject to an annual interest of 15% until the day of payment, in addition to a conventional penalty clause of 15% with a minimum of €125.00, without prejudice to the application of the law of 2 August 2002 concerning commercial transactions. Receipt of the invoice constitutes, by operation of law and in accordance with article 1139 of the Civil Code, formal notice to the debtor, without the need for a deed and by the sole expiry of the term. In the event of non-payment on the agreed date, Arsène also reserves the right to suspend, without prior formal notice, the execution of its obligations, irrespective of its right to consider, without prior formal notice and judicial decision, the contract as resolved to the Client’s prejudice and grievances and to demand damages and interest. The same shall apply in the event of non-compliance by the Client with one of his obligations.
13. 13. Intellectual property
Our company retains all intellectual property rights on the packaging of the products sold.
The photographs illustrating the online catalogue are not contractual and may be modified at any time. Arsène SRL can not be held responsible for a non-compliant and/or erroneous photograph.
The possible nullity of a clause of these general conditions does not affect the validity of the other provisions. Any clause will be interpreted, if applicable, in favour of Arsène. The contract, its negotiation, its consequences and consequences will be subject to Belgian law and any dispute relating thereto will be the exclusive competence of the courts of the district of Brussels, if necessary the Justice of the Peace of Brussels, ruling in French.
16. Applicable law and competent courts:
In the event of a dispute over the application of the present contract, Arsène and the Buyer agree to apply Belgian law and give jurisdiction to the courts of the judicial district of Nivelles.
2) Privacy :
1. Every customer has the right to obtain from the data controller the erasure, as soon as possible, of personal data concerning him or his employees and the data controller has the obligation to erase such personal data as soon as possible.
2. Address books sent by customers for delivery will be deleted after the order has been sent. None of the addresses obtained will be used for advertising or commercial purposes or resold to a third party.