General terms and conditions
1. General terms
The following terms and conditions of sale determine the use of the Balerdon website with registration number BE 0567 980 233 and registered office in 9100 Sint-Niklaas, Houten Schoen 79 (called hereafter 'the seller'). The terms and conditions of sale are also applicable whenever a reservation or an order at the webshop is placed through balerdon.be.
Balerdon.be was created by order of and managed by the seller. Users are allowed to view the information on the site free of charge and print this information for personal use, but not for commercial purposes.
Minors or incapacitated adults should be represented by their parents or legal guardians, who are equally bound by the present terms and conditions of sale and who should either fill in the order form themselves or give the incapacitated person explicit permission to do so, otherwise the order will not be accepted. In this case, the conditions of the following art. 11 regarding personal data processing remain fully valid.
By placing an order from the website, you explicitly accept these general terms and conditions of sale which are published on this website. Acceptance of the general terms and conditions is mandatory in order to place an order. Through ordering, you declare to know and accept the seller's general terms and conditions. The general terms and conditions are always available and can be found on the website.
All orders are bound by the applicable general terms and conditions, published at that moment on the website, to the exclusion of all possible prior or later conditions.
In case one of these conditions should not be legally valid for any reason whatsoever, all other conditions still remain fully in force.
Anything that is not explicitly mentioned in these terms and conditions of sale is bound by the regulations of Belgian law.
2. Offers & acceptance
Our online offer is presented with utmost care. Balerdon provides information about the features of the products and photographs illustrating the products. The images displayed on our website provide an approximate representation of the substantial features of our products.
Warning: information on the packaging on the product is always leading. This means that the information concerning the products displayed on our website are as accurate as possible, but the Purchaser can only rely on the absolute accuracy of the product information on the packaging.
Our online offer is presented as an invitation to purchase. Balerdon nor BPost are bound by its offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these conditions are only applicable when explicitly communicated prior to the order placement.
To purchase a product from the Balerdon range, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. Balerdon will send a confirmation of the order, immediately – within one (1) calendar day -, directed at the e-mail address specified by the Purchaser at the moment of ordering. The sale contract shall be concluded as soon as the Purchaser has received the order confirmation email issued by BPost.
Balerdon will (where possible) propose a similar product if the initial order cannot be executed or can only partially executed. There is no Sales contract if Balerdon refuses the order or if the Purchaser does not agree with the proposed alternatives. In such case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any (other) form of compensation.
The Parties expressly acknowledge that the use of different types of electronic communications, such as email, give rise to a valid agreement. This is fully consistent with the Act of March 11, 2003 on electronic trading. Within the limits of what is permitted by law, Balerdon can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.
3. Pricing & payment
All prices are indicated in EURO and GBP and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs.
The price as displayed on the confirmation of order is the final price to be paid, barring the exception of article 2 relating to Prices. Obvious errors in pricing, such as obvious inaccuracies, can still be corrected after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.
We have the right to change our prices at any time but commit to always apply the prices that were indicated on our website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.
The use of certain selected payment methods can entail additional costs, which are exclusively borne by the Purchaser.
Payment should be prior to shipment and is made using one of the following payment facilities: Bancontact/Mister Cash, Bank transfer, Giropay, PayPal, iDeal, Maestro, MasterCard, MultiSafePay, Sofort Banking of Visa.
If payment is made by bank transfer, the order is only executed upon receipt of the transferred amount. However, in the meantime the ordered item remains reserved for a period of 7 days, being the term within which the bank transfer must be executed and credited on the seller's account, otherwise the order is cancelled.
4. Order confirmation
Upon acceptance of your payment by the system, the seller confirms the order by e-mail.
5. Delivery
Freshness and quality are our priority concern!
Possible import/customs fees when shipping to countries outside Europe are the responsibility of the customer/receiver.
The delivery term starts once the order and payment has been received, all ordered goods are available and the package is handed over to BPost. Transport charges are calculates according to the country of destination.
An e-mail is sent as soon as the delivery is handed over to BPost. This e-mail contains a tracking number allowing the customer to track the shipment.
We can not be held responsible if the carrier can not deliver within the specified time of transport due to force majeure (extreme weather, extremely busy periods, accident, strike, ...).
Shipments that are sent to a pick-up point due to absence of the receiver, do not get picked up within 14 days are returned to us, are not considered for refund if it concerns products with a limited shelf life (shelf life less than 3 months after shipment). This also applies for shipments that are returned due to an incorrect or incomplete address. In case this package needs to be shipped again, the shipping costs will be paid by the buyer.
We pack our chocolates the best way possible. We are not responsible for breakage during transport. No compensation can be claimed for broken chocolates.
6. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day 1 on which you, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Balerdon bvba, Houten Schoen 79, 9100 Sint-Niklaas, +32 468 261 620, info@balerdon.be) of your decision to withdraw from this contract by an unequivocal statement. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to:
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the supply of goods made to the consumer´s specifications or clearly personalised;
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the supply of goods which are liable to deteriorate or expire rapidly;
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the supply of goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
7. Warranty
Any problems or deficiencies regarding the delivery of an article, damages or quality problems should be notified in writing by means of registered post, together with photos of the products and packaging, within seven days to the following address: Balerdon bvba, Houten Schoen 79, 9100 Sint-Niklaas or by e-mail at info@balerdon.be.
The seller offers the legally provided warranties.
The seller is not responsible in case of acts of God, incidents, incorrect use or improper treatment of an item by the customer.
An item with an accepted issue will be replaced free of charge.
8. Signature and proof
Customer accepts electronic proof.
The customer himself bears the exclusive responsibility for the correctness of all details he or she provides.
The customer should follow the registration procedure in case of a first online order or reservation. Afterwards, the customer only needs to log on once again to place a new order or reservation.
The final order confirmation by the customer counts as acceptance of the order at the set price. The customer’s validation is considered as a signature and explicit acceptation of all transactions through the website.
9. Liability for website use
The seller's website aims to provide the customer with general information regarding the seller's products and activities. The seller’s obligation is to use his best efforts with regard to access, ordering process, delivery and other services.
The seller has the right to suspend or to stop the website at any time for maintenance reasons, for updating or for any other reason, even without giving advance notice.
The seller cannot be held liable for any delay or damage caused by the use of the internet, a system breakdown, the intrusion of outsiders or a virus, nor for possible information posted on the internet or treated by third parties, or for any other fact that can be considered force majeure.
10. Intellectual property
All parts of the seller's website, including the technology used to make and maintain it, are the exclusive property of the seller and are protected by copyright. Users who have their own website and wish to post an automatic link between their own website and the seller's home page, even for personal use only, should ask seller's explicit permission to do so.
11. Competence and applicable law
This agreement is subject to the provisions of Belgian law. In the event of any dispute, only the courts of the district Dendermonde, and where appropriate the Court of Appeal of Gent, have exclusive jurisdiction.
BALERDON bvba
Houten Schoen 79
9100 SINT-NIKLAAS
Tel.: +32 468 261 620
BTW nr.: BE0567 980 233