Article 1 – General Provisions
1.1. FRESH CHEF SRL, with registered office located at Avenue Eugène Godaux 26, 1150 Brussels, BE 0650 765 476, trading also under the business name(s): Dog Chef and from the following geographical address: Wolfshaegen 2A, 3040 Huldenberg (the Seller), sells products (the Products) online, as described in more detail on its website. Unless otherwise indicated by the Seller, the Seller may be contacted at +32 2 808 25 19 and [email protected]
1.2. Unless otherwise agreed to in writing and subject to the mandatory provisions of the applicable law, these general terms and conditions (the T&C) shall apply to each order placed by the Buyer (the Order) and to all sales contract for Products concluded between a Buyer (the Buyer) and the Seller (each individually referred to as a Contract).
The Seller reserves the right to modify these T&C. The Seller shall inform the users of the Dog Chef website and the Buyers by publishing a notification on this page. By continuing to use the Dog Chef website or to order Products even after the modification of these T&C, the Buyer accepts the new T&C that substitute the previous version.
1.3. These T&C apply to both professional buyers and consumers. For the purposes of these T&C, a consumer is any person acting for purposes not related to their professional activities.
1.4. If the Buyer is a professional buyer, the terms and conditions of the Buyer are expressly excluded, even if they are sent at a later date.
1.5. Placing an Order implies the acceptance of these T&C.
1.6. The use of the website dogchef.be, dogchef.fr, dogchef.lu, or any other extension, by a user can only be accepted if the user is at least 13 years old. If the User is younger than eighteen years old, they may use the website only under the supervision of a parent or legal guardian. Any person younger than 13 years old cannot use the Dog Chef website. The Seller reserves the right to ask any user of the Dog Chef website to provide proof of their age. The Seller may block access to any user if it finds that this latter does not meet the criteria mentioned above.
Article 2 – Orders
2.1. An Order is an offer made by the Buyer to the Seller for the purchase of the product(s) specified in the Order. The Seller may send an order confirmation message that confirms that it has received the Buyer’s Order and contains the details of the Buyer’s Order (the Order Confirmation). Unless expressly stated in the Order Confirmation, such Order Confirmation is simply an acknowledgment of the Order and does not confirm that the Seller has accepted the Buyer’s offer for the purchase of the Product(s). If the Buyer has purchased a subscription, an Order Confirmation shall be sent every week that precedes the one when the Product(s) are scheduled to be delivered, which the Buyer can modify within 24 hours.
2.2. Only the Seller can accept the Buyer’s Order and conclude a Contract with the Buyer once the Seller confirms such Contract. This Contract confirmation may be given in writing before or at the moment when the Product(s) is/are sent or may be deduced from the delivery of the Product(s) to the Buyer.
Article 3 – Price, invoice and payment
3.1. Independently of the prices and promotions that the Buyer may have seen on the Seller’s website or in the Seller’s catalogues at any given moment, the prices are those published on the website at the moment when an Order is placed. The Seller shall verify the announced price to avoid unintentional substantial errors during the processing of the Order. If the correct price of a Product is higher than the price published on the website at the moment an Order is placed, the Seller may cancel the Order or inform the Buyer of the correct price and invite the Buyer to place a new Order at the correct price.
3.2. Unless expressly indicated otherwise, all prices are in EUR with VAT and other taxes included. The prices include all shipping costs. Other fees may apply in the event of additional services requested and confirmed by the Buyer.
3.3. In the event of Products ordered to be delivered outside the country from where the products are being shipped, the Buyer may be subject to import fees and duties that shall be collected once the package reaches the destination specified by the Buyer and such duties cannot be predicted by the Seller. All custom duties shall be borne by the Buyer.
3.4 If the Buyer requests an invoice or if they are a business, the Buyer accepts that they shall receive an electronic sales invoice.
3.5. Payments must be made online by credit card via the payment platform made available on the Seller’s website. Payments are immediately due and payable when an Order is placed. If a payment authorised by the Buyer when an Order is placed is subsequently cancelled, all fees and expenses incurred by the Seller for the collection of outstanding payments (including, without limitation, all reasonable lawyer fees, expert fees, legal costs and other procedural costs) shall be borne by the Buyer.
The Seller may agree to issue to the Buyer an invitation to pay that is payable by bank transfer within the payment deadline indicated on the invitation to pay (unless otherwise indicated, at the latest 7 days after the relevant delivery). In this case, all fees and expenses incurred by the Seller for the collection of outstanding payments (including, without limitation, all reasonable lawyer fees, expert fees, legal costs and other procedural costs) shall be borne by the Buyer. All payments made by the Buyer must first be used to pay any legal and extrajudicial costs and any interests incurred and will be deducted from the oldest invitation to pay in circulation, even if the Buyer mentions, on the payment, that the payment concerns a later invitation to pay.
If the Seller issues an invitation to pay to the Buyer and the Buyer does not pay the invitation to pay within the agreed payment deadline, the Seller may consider the Contract terminated. In this case, the Seller shall have no obligation to deliver the Products, or, if the Products have already been delivered, the Buyer shall be liable for the concerned amount as well as for the late payment compensation established below.
3.6. Without prejudice to the Seller’s rights, all invitations to pay that remain unpaid at the date of expiry shall carry, automatically and without notice, an interest of 10% per year starting from the date of expiry of the invitation to pay. The late payment interest shall be calculated on a daily basis until all amounts are fully paid.
3.7. In the event of payment delays, the Seller shall charge the Buyer a lump sum as compensation for any administrative and recovery costs, that shall be equal to 10% of the unpaid amount of the invitation to pay, with a minimum amount of EUR 25,00.
Article 3bis – Subscriptions
3bis.1. Subscriptions are computerized services that allow Buyers to receive the Food products for their dog(s) at regular and automatic intervals.
Subscriptions may be configured with the assistance of the Seller’s website. The client may manage his subscription(s) in the “My Account” section. In particular, he can modify or delete dates, modify or delete Products, modify or delete any subscriptions, and update his credit card.
As a result, the Buyer remains solely responsible of the dates and quantities of every subscription.
3bis.2. The subscription shall have an indefinite duration. Nevertheless, the parties may terminate the subscription at any moment via the client account (www.dogchef.com) if the Buyer is the one terminating the subscription, or by email to the Buyer if the Seller is the one terminating the subscription. The cancellation via the customer account or email notification shall terminate immediately the subscription, although any Order Confirmation that have already been sent shall be honoured by the Seller and paid by the Buyer (unless this is cancelled by the Buyer within 24 hours of the Confirmation’s dispatch).
A few days before each date of expiry, the subscribed Buyer shall receive an Order Confirmation to warn him about his next delivery. The Products that are part of the subscription, plus any additions made to the basket during this period, as eventually modified by the Buyer within 24 hours from the delivery of the Order Confirmation, will then be transformed into a binding order and the Buyer’s bank card will be charged (or an invitation to pay by bank transfer shall be sent, when applicable) and the Products will be shipped.
Exceptional delivery delays remain possible, and they shall be the responsibility of the carrier. The Seller cannot be held liable with respect to this issue.
3bis.3. When the subscribed Buyer uses the payment platform on the Seller’s website through his credit card, he authorises the Seller to charge the Buyer’s card for the amount of the Products included in the subscription a few days before the scheduled delivery date. The subscribed Buyer who has opted to pay by transfer shall receive an invitation to pay in the Order Confirmation and/or on the Dog Chef website. This invitation shall be paid within the deadlines foreseen by these T&C. An invoice may be issued at the express request of the Buyer.
3bis.4. If a Buyer purchases a subscription for a Product that is under promotion at the moment of the subscription, the promotion shall be applied for the duration of the relevant promotion. For any subsequent deliveries, the subscribed Buyer shall be charged the normal (non-promotional) price of the Product. If a promotion occurs during the subscription, the Buyer shall benefit from said promotion only at the discretionary assessment of the Seller.
3bis.5. The Seller reserves the right to modify the price(s) of the Product(s) during the full duration of the Buyer’s subscription. Nevertheless, the Buyer will then have the right to immediately terminate his subscription and any Order Confirmation that may be in progress shall be equal to the effective price before the price modification established by the Seller. Article 3ter – Vouchers, Discount Codes, Gift Certificates
3ter.1. The Seller may offer gift certificates, discount codes and other types of vouchers that must be activated by email so that the Buyer may receive the products of the Seller. The vouchers will no longer be valid once they have been used on the website.
3ter.2. Any meals offered or discounts proposed are meant to give new clients the opportunity to try out the Seller. Unless expressly indicated otherwise, for example in the event of a discount aimed at old clients, the discount codes and vouchers apply only to new subscriptions to the Seller. If you already have a subscription, you cannot exchange the discount code or voucher. A discount code can be used only once per household. Only one account per household is authorised.
3ter.3. The Seller shall determine freely if a person may benefit from a free meal or a discount and may limit the conditions or the duration in order to avoid any abuse. We may conduct checks by household in order to avoid any abuse concerning the free meals or the discounts. We may determine if you can benefit from a discount on the basis of the data used for an actual or recent contract, specifically your name, phone number, delivery address, email address and payment method.
3ter.4. Unless expressly stated otherwise, certain products or services may be excluded from the discount, in particular products subject to a premium and products subject to a one-off additional charge.
3ter.5. The discount codes and the vouchers can be used only once on the Seller’s website. The discount codes and the vouchers cannot be combined with other offers, nor can they be exchanged for cash. It is also important to know that certain discount codes are valid only for certain types of specific products.
3ter.6. Any attempt at fraud or any other unauthorised act will be documented and shall entail the refusal of the offered trail period or reduction codes. The Seller is within its rights to revoke or invalidate any discount code and voucher if it deems it necessary and this, for any reason whatsoever.
Article 3quater – Fraud
3quater.1. The Seller reserves the right to examine all accounts that it suspects are engaged in inappropriate or fraudulent activities.
3.quater.2. The Seller reserves the right to block or terminate your order, your subscription or your account following an inappropriate or fraudulent activity.
Article 4 – Information supplied by the Seller
4.1. The information pertaining to the availability of Products offered by the Seller are supplied for informational purposes exclusively and do not guarantee that the Products will be available at the moment an Order is placed. If a Product is not available at the moment an Order is placed, the Seller may inform the Seller and cancel the Order. In this case, the Buyer will not be charged for the Products.
4.2. The delivery estimates provided by the Seller are estimates only and not guaranteed delivery times.
4.3. The Seller is not necessarily the manufacturer of the Products. The Seller shall endeavour to supply the Buyer with information that is accurate and up to date concerning the Products, but cannot guarantee that the information that it provides on Products manufactured by third parties are complete and correct. The Buyer is responsible for consulting the information on the Products’ packaging, labels, notices and the instructions supplied with the Product for their use.
Article 5 – Withdrawal by consumers
Without prejudice to the Buyer who has purchased a subscription’s right to terminate this subscription at any moment before each Order Confirmation, considering the nature of the Product(s) and in accordance with applicable law, the Buyer does not have the right to withdraw from the Contract after the Product(s) have been delivered.
Article 6 – Liability
6.1. To the extent permitted by law, the Seller’s liability for any claim for damages arising out of or in connection with the Products or their use shall be limited to the amount of the price paid by the Buyer corresponding to the last delivery of Products to the Buyer.
6.2. In addition, to the extent permitted by law, the Seller shall only be liable for its wilful misconduct and gross negligence, and only for damages that are directly and immediately related to the performance of the Contract between the Seller and the Buyer. In no event shall the Seller be liable for any indirect damage (including, but not limited to, loss of income, loss of profits or other consequential or incidental damages).
6.3. The Products offered comply with the Belgian legislation in force. The photographs of the Products are not contractually binding, nor the precise weight of the packaging, which the suppliers may change as the range evolves. The Seller reserves the right at any time and without notice to add or remove Products from its catalogue.
The photographs and texts reproduced and illustrating the presented Products are not contractually binding. Consequently, the Seller shall not be held liable in the event of an error in one of these photographs or texts.
The Seller shall not be held liable for the non-performance of the concluded contract in the event of stock shortage or unavailability of the Product. Hypertext links may refer to sites other than the Seller’s site. The Seller disclaims all liability in the event that the content of these sites violates the legal and regulatory provisions in force.In addition, the customer undertakes to respect the conditions and precautions for use of the Products, as stipulated on the packaging or in the product sheets detailed on the dogchef.com website.
The Seller cannot be held liable for damages of any kind that may result from misuse of the items delivered to the Buyer.
The Seller cannot be held responsible for any modifications made by the manufacturers and/or suppliers in the composition of the articles sold on the dogchef.com website.
In any event, the Seller’s liability shall be limited to the amount of the Order.
6.4. The Products offered by the Seller are destined for dogs who are in good physical health. The Seller assumes no responsibility regarding the suitability of the Product(s) for the particular situation of the dog consuming the Product(s). It is the Buyer’s responsibility to consult his veterinarian in order to validate the diet of his dog(s) and to confirm that the dog(s) can consume the Product(s). The Buyer will also follow the development of his dog(s) that consumes the Product(s), with the assistance of his veterinarian. The Seller assumes no responsibility in this respect.
Article 7 – Delivery of Products, risk and ownership
If the Buyer is a professional entity, the delivery of the products is performed by EXW Ex Works (Seller’s premises) and the risks pass onto the Buyer upon delivery, unless the parties agree in writing on another Incoterm or different delivery terms.
If the Buyer is a consumer, the risk passes to the Buyer (i) when the Buyer or a third party appointed by the Buyer takes possession of the Products, or (ii) if the Seller is responsible for the shipment of the Products to the Buyer, the risks relating to the Products are borne by the Seller until the Products have been delivered to the Buyer, unless the Buyer appoints a third party or a carrier who takes over the Products on behalf of the Buyer, in which case the risks relating to the Products pass to the Buyer upon delivery of the Products to the third party or carrier.
7.2. The Seller shall inform the Buyer of the date and hour of the delivery of the Products once this becomes reasonably possible. The delivery dates are always indicative only and the Seller may execute partial deliveries, unless otherwise agreed.
7.3. The Buyer must take all necessary steps to ensure that the delivery will take place; otherwise, he shall be responsible for the costs incurred by the Seller.
7.4. The Products remain entirely and exclusively the property of the Seller until the Buyer has paid in full the invoice for the Products (including principal amount, costs and interests) even if they have been delivered to the Buyer.
Article 8 – Inspection of the Products
8.1. The Buyer must inspect the Products once they are delivered and must notify the Seller of any alleged defects of the Product in accordance with this clause:
If the Buyer is a professional entity and not a consumer (i.e., any person acting for purposes not related to their professional activities), the Buyer must notify any visible defect by registered letter to the Seller within three (3) work days following the delivery date of the Products. If the Buyer is a consumer and not a professional entity, the Buyer most notify any visible defect by registered letter to the Seller within seven (7) work days following the delivery of the Products or within seven (7) days following the date when the Buyer has discovered or would reasonably have discovered the hidden defects of the Products. The Seller can be held liable for defective Products for a period of two years from delivery of the Products.
8.2. The notification of alleged defects does not affect the Buyer’s obligation to pay for the Products.
8.3. The Buyer must store all Products that it considers as defective unambiguously away from all other product. The usage or treatment of Products will be considered as an unconditional acceptance of the Products and a renunciation of any claims with regards to the Products.
8.4. If the Buyer has informed the Seller in accordance with these T&C of the Products’ defects and upon the condition that it is established that the Products are defective, the Seller may choose to repair or to replace the Products or to refund the Party the price already paid by the Buyer. Otherwise, the following applies: a. If the buyer is a professional entity, the repair or the replacement of the Products, or the refunding of the price, must be the Buyer’s sole recourse with regards to defective products. The Buyer does not have the right to claim indirect additional damages. b. If the Buyer is a consumer, the Seller shall always attempt to repair or replace the Product to the extent that this is reasonably possible and without prejudice to the right of the consumer to claim damages and interest in accordance with all applicable law.
Article 9 – Confidentiality and Intellectual Property
9.1. The Buyer must keep confidential all commercial, technical and business information and know-how acquired from the Seller.
9.2. The Seller has not verified if the intellectual property rights of third parties may be breached because of the sale or use of the Products and the Seller cannot be held responsible for any loss or damage suffered by the Buyer following the breach of the intellectual property rights of a third party. The Buyer expressly assumes all risks of intellectual property infringement that may arise as a result of his purchase and/or use of the Products.
9.3. Unless otherwise indicated by the Seller, the Seller does not under any circumstances transfer a licence on an intellectual property right relating to the Products, their compositions and/or applications, the Seller’s logos, marketing material, website content or any other information or documentation made available by the Seller. Buyer may not use data collection and extraction tools, robots or similar data to extract substantial content from Seller’s website and extract or re-use parts of the content of Seller’s website without Seller’s express written consent.
Article 10 – Sub-contracting and assignment
10.1. The Seller can, at any moment, transfer or subcontract, wholly or in part, the performance of the Contract or may assign or transfer, wholly or in part, its rights or obligations under the Contract to a third party.
10.2. The Buyer does not have the right to assign or transfer his rights or obligations under the Contract, wholly or in part, to a third party without the prior written agreement of the Seller.
Article 11 – Termination
11.1. Subject to the applicable law, the Seller has the right to terminate its Contract with the Buyer, with immediate effect, by sending a written notification, without a judicial intervention being necessary, without being required to pay damages and interest, and without prejudice to any other recourse to which the Seller may be entitled by virtue of the applicable law if (i) the Buyer becomes insolvent, defaults on payments, declares bankruptcy, is declared bankrupt or has initiated a liquidation or legal organisation procedure or any other similar procedure, as well as in the face of any facts that belie the insolvency of the Buyer; if (ii) the Buyer has committed multiple serious and repeated violations of his obligations under these T&C; or if (iii) there has been an important change in the management, the financial position or the ownership of the Buyer. If the Contract is terminated, all debts of the Buyer towards the Seller become automatically and immediately due.
11.2. Neither party shall be liable to the other party for any breach of the Contract to the extent that the performance of the Contract has been delayed, hindered or prevented by an event completely beyond the control of the defaulting party (force majeure). The Buyer is not entitled to request the termination of the Contract or to claim damages in the event of force majeure.
11.3. If the continuous performance of the contractual obligations by a party to the Contract becomes excessively burdensome because of an event that is beyond the reasonable control of this party and whose consequences cannot be reasonably be avoided or surmounted (hardship), the parties are obligated, within a reasonable period of time starting from the invocation of this hardship clause, to negotiate alternative contractual provisions that allow them to reasonably mitigate the consequences of the unforeseeable event. If the parties are unable to reach an agreement on these alternative contractual provisions, each party has the right to terminate the contract.
Article 12 – Severability
If a provision of the Contract is deemed illegal, null, invalid or unenforceable pursuant to the laws of any jurisdiction, the provision shall be void only within the limits of this unenforceability or invalidity, and this shall not affect the legality, validity or enforceability of the rest of the Contract in this jurisdiction. Furthermore, the legality, validity and enforceability of the Contract as a whole shall not be affected in other jurisdictions.
Article 14 – Dispute Resolution – Applicable Law – Competent Jurisdiction
14.1. All disputes between the Seller and the Buyer are subject to the exclusive jurisdiction of the competent courts in the district where the registered office of the Seller is located.
14.2. The Contract shall be governed and must be interpreted in accordance with Belgian law, at the exclusion of the Vienna Convention of 1980 concerning the international sale of goods.
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