Terms of service

These general conditions of sale govern the relationship between, on the one hand, the SPRL Ben and Chocolats, whose head office is located at 4340 Awans, Rue de l'Estampage 6, and whose BCE number is 0877.764.876, operating under the name "Benoît Nihant Chocolatier - online store", hereinafter called "the Seller", and, on the other hand, the natural or legal person who places a remote order (by way of an order "Online", via the website www.benoitnihant.be) in his own name or on behalf of third parties, both for professional and private purposes - hereinafter referred to as "the Client".

The SPRL Ben et Chocolats offers the customer the sale of products online under the name "Benoît Nihant Chocolatier - online store".

The Client declares to have full legal capacity.

These general conditions of sale are brought to the attention of each customer to enable him to place an order.This therefore implies the client's full and unreserved acceptance of these general conditions of sale.No particular condition emanating from the customer can prevail over these conditions.

2. OBJECT

The products are described on the site www.benoitnihant.be in good faith and as precisely as possibleThe Customer always has the possibility of obtaining additional information on the products presented on request at the email address eboutique@benoitnihant.beThe presentation of the products does not therefore bind the Seller and does not constitute an offer within the meaning of the civil law of the term.

The information concerning the products and the prices are mentioned for information only and they can be modified by Ben & Chocolats SPRL without prior notification.

The photographs, diagrams, drawings or video films illustrating the products do not enter into the contractual fieldIf errors are introduced, in any case, the responsibility of the Seller cannot be engaged.

3. ORDERED

The customer is asked to complete the order form completely and accurately.
If there were errors in the elements supplied by the customer, inter alia with regard to the delivery address, SPRL Ben & Chocolats cannot be held responsible for any failure during deliveryThe costs relating to a possible re-sending or a transfer to another address will be borne exclusively by the Customer.
The Seller can in no way be held responsible for any damage that may occur to the products if the package has been opened during shipment.
If the recipient or the person authorized to receive the order is absent, the delivery person will deposit a delivery notice at the delivery address indicated on the order form and asking the Customer to claim the productThe Seller cannot in any case be held responsible for damage caused to the product following a late recovery from the carrier.

Orders indicating a PO box address cannot be taken into account.

Each order is subject to acceptance by the SellerThe goods presented on the online store can in no case be the subject of a request for changes in their composition or presentation.
If a problem arises, we will send you an E-mail as soon as possibleIf we were unable to fulfill your order due to unavailability of stock, we will contact you to suggest an alternative.

As of the validation of the bank card data on the interface of our partner bank, the order is considered as irrevocable and cannot be questioned
The order is only definitively accepted after validation of the payment of the sum corresponding to the amount thereof.Thus, the order will only be taken into account upon effective receipt by SPRL Ben et Chocolats of its paymentThe order is only definitively accepted after validation of the payment of the sum corresponding to the amount thereof.Thus, the order will only be taken into account upon effective receipt by SPRL Ben et Chocolats of its payment.

We do not control the temperature of transportIt is therefore impossible for us to assume responsibility for the deterioration of products damaged by heat during transport.We therefore do not recommend deliveries to hot countries and / or during the summer months when the temperature is above 20 ° C.

Ben et Chocolats SPRL undertakes, after confirmation of payment, to process and dispatch the said order to the notified destination, according to the procedure and the transport it has determined.

Orders received via the internet, after acceptance of payment by the credit card center and its effective receipt by Ben and Chocolats SPRL, are prepared and dispatched within 2 working daysHowever, during periods of high activity, deadlines cannot necessarily be guaranteed.

The customer must ensure the conformity of the delivery with his orderAny complaint must, to be taken into account, intervene within 48 hours of receipt (via email eboutique@benoitnihant.be)The goods travel at the risk of the recipients, ownership being transferred to them upon acceptance of the order.

If chocolates are unavailable, we reserve the right to replace them with others.

All the products sold by Ben & Chocolats SPRL benefit from the legal guarantee against the defects of conformity.

4. OUR PRICES

The prices are given in EURO and include a 6% VAT.
Prices can be revised during the year due to the great variability in the cost of our raw materials.
Prices do not include delivery costsThe transport price depends on the value of the product ordered, the country of destination, the type of transport chosen as well as the weight and volume of the package.

There is no import tax for European Union countriesFor other countries, all import taxes and customs duties are exclusively borne by the recipient and payable on delivery.

5. YOUR PAYMENT

To be accepted, your order must be paid in full in advanceAny unpaid order will not be deliveredPayment is made online by credit card.
The amount, debited from the account of the bank card used, will depend on the price of the euro on the day of the debit and any exchange costs charged by the bank issuing the card.

The customer must indicate the number of his card, as well as the validity date and the last 3 digits of the pictogram on the back of the cardThe security protocol used SSL guarantees total confidentiality of personal information transmitted over the Internet.

6. TASTING / STORAGE

Our chocolates are tasted at room temperature between 18 ° C and 20 ° C within 15 days of purchase.
Our chocolates are to be stored in their original packaging between 15 ° C and 20 ° C in a cool and dry place.

7. RIGHT TO RETRACT

The Customer has the right to notify Ben et Chocolats SPRL that he renounces the purchase without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the Product.
Ben et Chocolats SPRL will only follow up on the renunciation by the Customer if the original packaging of the Product has remained intact and if the Product has not been used or damaged, the Customer must be notified by e-mail (eboutique@benoitnihant.be) using the withdrawal formOn this occasion and as soon as the buyer has respected the deadline referred to above, he will be confirmed by email the authorization to returnIn the case of return and after notifying Ben et Chocolats SPRL by email within the time limit mentioned above, the costs of returning the Product are always borne by the Customer.
Ben et Chocolats SPRL will reimburse by transfer to a bank account, the number of which must be indicated in the withdrawal form.The reimbursement will be made within a maximum period of 14 days from the day on which Ben et Chocolats SPRL becomes aware of the will to renounce and in any event after receipt of the returned Product.

8. PROHIBITIONS

The customer may in no case resell the products purchased from Ben & Chocolats SPRLThey are intended only for personal consumption or for that of the person to whom the order is intended.

9. INTELLECTUAL PROPERTY

All texts, comments, illustrations and images reproduced on our site are reserved under copyright as well as intellectual propertyAny total or partial reproduction without our agreement is strictly prohibitedThe order does not imply any assignment or concession of intellectual rights unless expressly stated.

10. PROTECTION OF PRIVATE LIFE

The information of personal information collected in the context of distance selling is compulsory, this information being necessary for the processing and delivery of orders as well as for the preparation of invoicesThis information is strictly confidentialThe lack of information implies the automatic rejection of the order.
Ben et Chocolats SPRL undertakes not to disclose to third parties the information communicated by its customersThese will only be used for internal management purposes, that is to say to manage orders, invoicing, service, creditworthiness, marketing or personalized advertising… without this list being limiting.
Visitors however have the right to object to the processing of their data for personalized marketing purposes if they wish, free of charge.
Ben & Chocolats SPRL undertakes to comply with the principles of the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal dataIn this regard, the customer who ordered on the Seller's site may at any time request to consult, correct or delete the personal data that the Seller has stored about him by sending an e-mail to eboutique@benoitnihant.be.

11. OPPOSABILITY OF THE GENERAL CONDITIONS

Any order from the Customer, as well as all deliveries made by Ben & Chocolats SPRL imply the customer's full and unreserved acceptance of these general conditions of sale to the exclusion of all other documents, such as the customer's own general conditions, or any prospectus, catalog etc., which are only indicative.
The parties expressly agree that these general conditions are applicable in their commercial relations, unless expressly agreed to in writing.The express derogation from one of the general or specific conditions does not imply any waiver of the application of the other general or specific clauses.
The cancellation or inapplicability of one of the clauses of the general or particular conditions does not affect all the other provisions of the general or particular conditions which remain valid and applicable.
The fact for the Customer of not having received the present general conditions in his mother tongue does not exempt him from their application.
Any order for a product offered on the site implies consultation and express acceptance of these general conditions of sale, without however this acceptance being conditioned by a handwritten signature on the part of the Customer.
The validation of the order form by SPRL Ben et Chocolats constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the entire order and the due date of the sums due in execution of said order.
Ben et Chocolats SPRL reserves the right to change its general conditions without personally notifying the customer and without possibility for the latter to claim any compensationIt is therefore up to the Customer to periodically check whether any changes have occurredIt is specified that the customer can save or print these general conditions of sale, provided however not to modify them.

12. APPLICABLE LAW - DISPUTE

This contract is subject to Belgian law.
Any complaint must be registered beforehand by our customer service at e-mail eboutique@benoitnihant.beThe customer will first contact Ben & Chocolats SPRL to obtain an amicable solution.
In case of persistence of the litigation, the latter will be settled according to Belgian law, by the courts of Liège which will have sole jurisdiction.