General conditions of sale:
The purpose of these terms and conditions is to define the rights and obligations of the parties resulting from the online sale of products proposed by FOOD INGREDIENTS TECHNOLOGIES SPRL (hereafter referred to as the “Company”) on the sitewww.kinovy.com (hereafter referred to as the “Site”).
The Company is established at Chemin du Fundus (M.E) 8, in 7822 Ath and is registered with the Banque-carrefour des enterprises (Belgian corporate and trades register) under the number 0466.597.120. It can be contacted by telephone at +32 68 250 230, by Fax at +32 68 250 233 and by e-mail at the following address: email@example.com.
The Company markets products under the brand name Kinovy via its site (hereafter referred to as the “Products”).
The customers and the Company are jointly referred to as the Parties in these terms and conditions.
1.1 These general conditions of sale apply exclusively to any order placed with the Company or any delivery executed by the Company, both in Belgium and abroad, to the exclusion of all other general or special conditions that may have been communicated to the customer at any time whatsoever.
1.2 Any possible waiver with regard to these general conditions of sale requires the express, written consent of one or more persons legally authorised to act in the name and on behalf of the Company. A waiver of this nature is valid only for the order or delivery for which it was granted.
2.1 An order placed by a Customer becomes definitive when the Customer validates his/her basket on the site by clicking on the button “Validate my order and Pay.”
2.2 Once the order is definitive, the Customer receives confirmation of the details of the order at his/her e-mail address within 24 hours.
2.3 The Company undertakes to deliver to the Customer as soon as the Company receives payment of the Price plus shipping costs in one of its bank accounts and only within the limit of available stocks of the Product(s) in question.
3.1 The Prices displayed do not take into account the costs of processing, shipping and insurance of the order. These costs are invoiced to the Customer in addition following definitive validation of the order.
3.2 Prices are indicated in Euros and always include VAT. Orders are invoiced at the price and under the conditions in force at the time of definitive validation of the order on the Site.
3.3 The Company has the right to change its prices at any time, it being understood that the Products are invoiced on the basis of the tariffs displayed on the Site at the time of the Customer’s definitive validation of the order on the Site.
4. Shipping costs
4.1 Shipping costs cover the cost of processing, shipping and insurance for delivery of the order.
4.2 The amount of shipping costs varies according to the weight of the package containing the order and the destination country.
5. Delivery times
5.1 The delivery times indicated in the summary of the order run as from the date of receipt by the Company of payment of the price plus shipping costs.
5.2 These delivery times are approximate and are communicated for information only. Possible delays in delivery may never give rise to compensation or termination of the contract, subject to point 5.3 below.
5.3 On Belgian territory, delivery time for an Order must never exceed a period of thirty days as from the date of definitive sale. Failing that, the Customer has the right to cancel the sale, without prior legal decision or formal notice sent to the Company, by simple notice sent to the after-sales service indicated in article 11 and this without prejudice to the Customer’s right to claim compensation for the harm suffered.
When a sale is cancelled to the sole prejudice and detriment of the Company, the latter is liable to the Customer for damages set at a flat rate of 10% of the amount of the cancelled sale plus costs incurred as a result of this cancellation, without prejudice to the Customer’s right to establish the truth of greater damages for which he/she must be compensated.
5.4 The order may be shipped in a single consignment or in several fractions at the Company’s discretion.
5.5 Risks relative to the Products ordered (damage, destruction, etc) are transferred at the time of delivery.
5.6 Delivery of an order may be suspended in the event of unforeseen circumstances independent of the will of the Company that prevent compliance with the agreed delivery date. The Company reserves the right to suspend delivery for as long as the difficulty lasts and even abandon delivery in application of article 10 without being held liable to pay any compensation whatsoever to the buyer.
6. Transfer of property and delivery
6.1 If, notwithstanding article 5.1, the order is sent to the Customer before the Company has received payment of the price plus shipping costs, the Products delivered, even if they have been modified or integrated, remain the property of Company until full payment of the price in principal, costs and interest has been made.
6.2 A Customer who refuses to receive or collect the Products presented without completing a notice of withdrawal, mentioned in article 8.2, must pay the resulting costs, such as storage and transport costs, without prejudice to other sums that the Company has the right to claim following the refusal.
7. Inspection and warranty
7.1 The Products have a warranty covering hidden defects, mentioned in articles 1641 and following of the Civil Code. The Company does not however guarantee Products against hidden defects of which it had no knowledge.
7.2 With regard to consumer Customers, the Products have a legal warranty guaranteeing compliance with the characteristics announced, set out in articles 1649a and following of the Civil Code, for a period of two years.
7.3 The buyer is bound to inspect the goods at the time of delivery. In order to be valid, any claim relative to a visible defect in the Products or an error in the order must be submitted to the Company within eight calendar days following delivery at the after-sales service indicated in article 11.
7.4 The Company is not liable for problems resulting from inappropriate/improper use of the goods, problems resulting from cases of force majeure or the acts or deliberate faults of any person, including the buyer or his/her agents.
8. Right of withdrawal
8.1 With the exception of orders involving Products manufactured according to the Customer’s specifications, the Customer, if he/she is a consumer, has the right to withdraw from the sale without giving a reason within a period of fourteen calendar days following the day on which the Customer or a third party other than carrier appointed by the Customer physically takes possession of the Product, on condition that the Product has not been consumed in any way.
8.2 In order to exercise the right of withdrawal, the Customer must give notice of his/her decision to withdraw from the sales contract to the Company at the following e-mail address: firstname.lastname@example.org or postal address: Chemin du Fundus, 8 • B-7822 Ghislenghien • Belgium, by means of a declaration free of any ambiguities. The Customer may use the legal withdrawal form model but this is not mandatory.
If the Customer submits his/her withdrawal request via the above-mentioned Internet or e-mail address, the Company sends an acknowledgement of receipt to the Customer’s e-mail address.
8.3 In order to ensure compliance with the withdrawal period, the Customer must send the document indicated in article 8.2 before expiry of the withdrawal period.
8.4 In the case of withdrawal on the part of the Customer, the Company reimburses all payments received, including delivery costs (except additional costs incurred because the Customer has chosen a delivery method other than the cheapest standard delivery method proposed by the Company) without excessive delay and, in any case, within fourteen days at the latest following the date on which the Company is informed of the Customer’s decision to withdraw from the sale. The Company proceeds with the reimbursement using the same means of payment that the Customer used for the initial transaction, except if the Customer expressly agrees to a different means of payment; in any case, the reimbursement does not generate any additional cost for the Customer.
8.5 In the case of withdrawal, the Customer must send back or return the Products ordered to the Company’s head office without excessive delay and, in any case, within fourteen days at the latest after the Customer has informed the Company of his/her decision to withdraw from the sale. This period is considered to have been complied with if the Customer returns the Product before expiry of the fourteen-day period.
The Customer is bound to cover the direct costs of returning the Products ordered.
8.6 The Customer’s liability is incurred in the case of withdrawal only if the Products ordered have been damaged as a result of handling operations other than those necessary to establish the nature, characteristics and correct operation of the said Products.
9.1 Unless otherwise stipulated in writing, orders are payable in cash to the Company’s bank account as soon as the order has been definitively validated.
9.3 Payments are made on the Site via:
9.3 If the Company does not receive payment of the Price plus shipping costs within fourteen days following validation of the order and has not received a withdrawal request, as mentioned in article 8.2, the Company may cancel the order unilaterally, without prior legal decision and without formal notice to the Customer, by simply informing the Customer at the e-mail address used for confirmation of the details of his/her order and without prejudice to the Company’s right to claim damages for the harm suffered.
9.4 When a sale is cancelled to the sole prejudice and detriment of the Customer, the latter is liable to the Company for damages set at a flat rate of 10% of the amount of the cancelled sale plus the costs incurred as a result of this cancellation, without prejudice to the Company’s right to establish the truth of greater damages for which it must be compensated.
10. Force majeure
10.1 Any case of force majeure or fortuitous event releases the Company and the Customer as of right from any commitment without any possibility for the other Party to claim damages.
10.2 If, in order to fulfil its obligations, the Company depends on procurement from a third-party company, this article is also applicable to cases of force majeure or fortuitous events suffered by this third-party company when these events are of a nature such as to delay or hinder the Company in fulfilling its obligations.
10.3. The following are considered cases of force majeure, without the list being exhaustive: accidents, breakage of materials, war, natural disasters, exceptional climatic conditions, fire, strikes, lock-outs, theft and exceptional traffic congestion.
The Customer may address any complaints relative to his/her order to the Company’s after-sales service at:
Chemin du Fundus, 8 • B-7822 Ghislenghien • Belgium Tel.: +32 68 250 230 • Fax: +-32 68 250 233 E-mail: email@example.com
12. Limited liability clause
In the event of the Company’s liability being incurred because of a defect or absence of compliance of the Products sold, the Company’s liability is limited to direct damages, excluding indirect damages such as, without this list being exhaustive, loss of earnings, financial or commercial losses, loss of production, increase in overheads, increase in administration costs, loss or damage to data, loss of contracts and loss of customers.
13.1 The invalidity of one or more clauses of these general conditions and/or the contract does not affect the validity of the other clauses and the general conditions and/or the contract continue to be effective without the clause(s) in question.
13.2 The parties undertake to negotiate replacement of the invalid clause(s) by one or more valid clauses producing an equivalent economic result in good faith.
14. Personal data
14.1 All personal data necessary for processing an order is stored by the Company and may be passed on to companies with which the Company - or its suppliers - cooperates when such communication is necessary in order to process the order. In addition, the Customer authorises the Company to use this data to compile statistics for the purpose of improving the services it proposes.
14.2 This information may also be used to distribute information relative to the Company’s commercial activities to its customer base by any means of communication considered appropriate.
14.3 The Company stores personal data in order to facilitate subsequent orders. The Company undertakes not to disclose the information in its possession to third parties. The data stored by the Company may be requested and corrected at any time by the Customer on submission of a simple request to the after-sales service indicated in article 11.
14.4 In compliance with the law of 8 December 1992 relative to the protection of privacy with regard to the processing of personal data, processing of personal data required to process an order was the subject of a declaration submitted to the Privacy Commission.
The parties accept electronic means of proof (e.g.: e-mail, computer backups, etc.) in the context of their relations.
The Customer certifies that he/she has the legal capacity to conclude a sales contract.
17. Applicable law - Settlement of disputes
17.1 The contract concluded between the Company and the buyer is governed by Belgian law.
17.2 All disputes relative to execution of the contract or application/interpretation of these general conditions of sale fall under the exclusive jurisdiction of the courts and tribunals of the judicial district of Hainaut.
In the event of inconsistency in translation or interpretation between the French, Dutch and English versions of these general conditions, the French version prevails.