Terms and conditions

 

1. General

The present terms and conditions of sale govern the relationship between SPRL Ben et Chocolats, whose head office is at 4340 Awans, Rue de l'Estampage 6, BCE number 0877 764 876, operating under the name of "Benoît Nihant Chocolatier – boutique en ligne", hereinafter called "the Vendor", on the one hand, and any person or company placing an order online on the Internet www.benoitnihant.be for himself or on behalf of a third party, for professional or private purposes, hereinafter called "the Customer", on the other hand.

SPRL Ben et Chocolats offers to sell the Customer products online through Benoît Nihant Chocolatier – boutique en ligne.

The Customer declares he has the capacity to possess rights and be bound by obligations.

 

The present general terms and conditions of sale are brought to the attention of each customer to allow them to place an order.

Therefore, this implies full, unreserved acceptance by the customer of these general terms and conditions of sale.

No special condition originating from the customer may prevail over the present terms and conditions.

 

2. Object

The products are described on the site www.benoitnihant.be in good faith and as accurately as possible. Customers may obtain extra information on the products presented on the site by sending an email message to eboutique@benoitnihant.be. The presentation of the products is not binding on the Vendor and does not constitute an offer in the legal sense of the term.

The photographs, diagrams, drawings or videos illustrating the products are not contractually binding. Under no circumstances shall the Vendor be held liable for any errors that may occur in them.

 

The information about products and pricing are for information only and may be modified by Ben & Chocolats SPRL without prior notice.

 

3. Order

As the products proposed for sale in « Benoit Nihant – boutique en ligne » are foodstuffs, consumers do not have the right to revoke the purchase.

 

Customers are requested to complete the order form fully and accurately. Should there be any error in the details provided for the recipient or for the amount to pay, we cannot be held responsible for the failure to deliver. Charges related to forwarding or reshipping the package to another recipient or to a different delivery address will be under the responsibility of the customer.

 

Under no circumstances can we be held responsible for any damage to the products if the package has been opened during transport, or if the recipient is absent when the package is delivered.

 

If the recipient or a person able to accept the delivery of the products is absent, the carrier will leave a notification

of the delivery at the delivery address indicated by the customer asking him to claim the products.

Under no circumstances can we be held responsible for any damage to the products resulting from their

late recovery from the carrier.

 

Orders indicating a P.O. box address will not be handled.

 

No order is accepted by Ben & Chocolats SPRL until the order has been checked and approved.

 

The items presented on our e-Shopping website may under no circumstances be subject to requests to modify their composition or their presentation.

 

If there is a problem, we will e-mail you within 2 working days (excluding Saturdays and Sundays). In the event that we cannot satisfy your order due to stock unavailability, we will contact you to offer you an alternative.

 

As of confirmation of the credit card data on the interface of our partner bank, the order is considered as irrevocable and may not be challenged.

The order is only definitively accepted after confirmation of payment of the amount corresponding to the order. Therefore, the order will only be handled after effective receipt of payment to Ben et Chocolats SPRL.

 

We advise against chocolate deliveries to warmer countries and/or in summer months when temperatures are higher than 20°C.

We have no control over temperatures during chocolate deliveries and so we cannot accept responsibility for any chocolate deliveries that have been heat damaged.

 

After confirmation of payment, Ben et Chocolats SPRL undertakes to process and send the order to the destination indicated in accordance with the procedure and means of transport we have determined.

Orders received via the internet, after acceptance of payment by the credit card centre and effective receipt by Ben et chocolats SPRL, are prepared and dispatched within 2 working days. However, in peak periods, lead times may not necessarily be guaranteed.

 

The customer must ensure the delivery conforms to the order. In order to be handled, any claim must be made within 48 hours following receipt (contact at eboutique@benoitnihant.be). The goods are transported at the risk of the recipients, since ownership is transferred to them upon acceptance of the order.

 

If some chocolates are not available, we reserve the right to replace them with others.

 

4. Prices

The prices indicated on the order form are in EURO and include a VAT of 6%.

The prices indicated on this site may be revised in the course of the year owing to the variability of the cost of our raw materials.

The prices do not include delivery charges. Delivery charges depend on the value of the order, the country

of destination, the type of delivery as well as the weight and the volume of the package.

 

There is no import tax into the countries of the European Union. For other countries, any import taxes and any customs to be paid on entry of the parcel into the country are the responsibility of the addressee and are payable on delivery.

 

5. Payment

To be accepted, your order must be paid for in full. Orders not paid for cannot be delivered.

 

Payment is made online, by credit card.

 

The amount debited from the account of the credit card used will depend on the rate of the €uro on the day of the debit and on any exchange costs charged by the bank issuing the card.

 

The customer must indicate his or her card number, the expiry date and the last three figures of the pictogram featuring on the reverse side of the card. The SSL protocol used guarantees total confidentiality of personal data transmitted over the internet.

 

6. Tasting/storage

Our chocolates should be consumed at a room temperature of 18 to 20°C, within 15 days of purchase.

Our chocolates should be kept in their original packaging at a temperature of 15 to 20°C and should be stored in a cool, dry place. 

 

7. Replacements and refunds

No returns, refunds or replacements will be granted.

No claim may be made by the customer concerning the taste, freshness or appearance of the products.

 

8. Interdictions

Under no circumstances may the customer sell the products which are intended for his personal use or that of the person to whom the order is addressed.

 

9. Intellectual property

All texts, comments, illustrations and images reproduced on our website are copyright. All rights are reserved. Any reproduction in part or in full without the Vendor’s consent is prohibited. Ordering does not entail the transfer or granting of intellectual property rights unless expressly stated.

 

10. Protection of privacy

The supply of personal information for on-line sales is compulsory because it is needed for order processing and shipping and for invoicing. This information is strictly confidential. Failure to supply information entails the automatic rejection of the order;

Ben et Chocolats SPRL undertakes not to divulge the information supplied by its Customers to any third parties. It shall be used solely for the purposes of internal management, that is, to manage orders, invoicing, service, solvency, marketing or personalised advertising without the list being exhaustive.

Visitors who wish to do so are entitled to oppose the use of their data for personalised marketing, by simple request and free of charge.

Ben et Chocolats SPRL undertakes to respect the principles of the Belgian law of 8 December 1992 on the protection of privacy with respect to the processing of personal data. A Customer who has placed an order on the Vendor’s site may at any time consult, correct or delete the personal data that the Vendor has recorded about him by sending an email to eboutique@benoitnihant.be.

 

11. Enforceability of the general terms and conditions

Any order made by the Customer and all deliveries made by Ben & Chocolats SPRL imply full and unconditional acceptance by the Customer of the present terms and conditions of sale to the exclusion of any other documents such as the Customer’s own general terms and conditions, or any brochure, catalogue, etc, which are supplied for information only.

The parties expressly agree that the present general terms and conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.

The cancellation or inapplicability of one of the clauses of the general or particular terms and conditions has no effect on the whole of the other provisions in the general and particular terms and conditions, which remain valid and applicable.

The fact that the Customer has not received the present general terms and conditions in his native language does not exempt him from applying them.

The ordering of any product proposed on the site supposes the reading and express acceptance of the present general terms and conditions, and this acceptance does not require the Customer’s handwritten signature.

The validation of the order form by Ben & Chocolats SPRL constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sums due for filling that order are payable.

Ben & Chocolats SPRL reserves the right to change his general terms and conditions without personally informing the Customer and without the Customer being entitled to claim to any compensation whatsoever. It is incumbent on the Customer to check periodically whether or not changes have been made. The Customer may copy or print the present general terms and conditions of sale as long as he does not alter them.

 

12. Applicable law and disputes

This contract is governed by Belgian law.

Any complaints must first be recorded by our customer department at eboutique@benoitnihant.be. The Customer shall first address complaints to Ben & Chocolats SPRL with a view to obtaining a friendly settlement.

Any disputes shall be settled under Belgian law by the courts of Liège, which have sole jurisdiction.


  Newsletter
Enter your e-mail address to subscribe to our newsletter
Follow us