TERMS AND CONDITIONS OF SALE
The consumer has the right to notify the seller that he waives the purchase without payment of a fine and without a statement of reasons within 14 calendar days from the day following delivery. See 15. Return policy for more information.
These terms and conditions of sale govern the relationship between, on the one hand, EKKO, with registered offices at Oudstrijdersstraat 48, 1654 Beersel in Belgium, whose BCE number is 0895.877.053, trading as “COLD FEVER”, hereinafter referred to as “the Company”, and, on the other hand, any natural or legal person who places a remote order (via an online order on the website http://www.coldbrew.be and http://www.coldfever.be, hereinafter referred to as “the Website”), in their own name or on behalf of a third party, either for business or personal reasons, hereinafter referred to as “the Customer”.
The Company and the Customer are hereinafter referred to together as “the Parties”.
Depending on the Customer’s particular situation (whether or not they are a consumer), some clauses of these terms and conditions may not apply.
Any order placed with the Company implies the Customer’s complete acceptance of the terms and conditions of sale issued by the Company, unless a specific written agreement is drawn up between the Parties.
The purpose of these terms and conditions is to define the Parties’ rights and obligations within the context of the online sale of products offered by the Company to the Customer.
Sales agreed within this context are completed subject to the condition precedent that the products chosen in the order are available and that the order has been paid for.
Orders are exclusively placed via the Website made available by the Company to its customers.
Any confirmed order constitutes the firm and binding acceptance of the prices, as well as of the product(s) as selected on the Website.
The order will only be valid once the full price has been paid by the Customer.
The minimum value of an order is €5 excluding shipping costs.
The Customer undertakes to provide all the information needed to fulfil the order, including their address, when they confirm the order.
3. ORDER CONFIRMATION
The order will be confirmed by an email sent to the email address provided by the Customer when placing the order.
Once the order has been confirmed and paid for it cannot be changed, as payment of the full price constitutes the binding acceptance of the order.
4. OUT OF STOCK PRODUCTS
If all or part of the order is not available, the Company will inform the Customer of this as quickly as possible.
An order involving products that are out of stock will, if necessary, be cancelled and the Company undertakes, at the Customer’s request, and within 7 days of the order, refund the full amount paid by the Customer for the products that are out of stock.
However, if they inform the Company of their intention within 48 hours of finding out that the product is out of stock, the Customer can ask for that item to be replaced with another one worth the same amount, as chosen by the Customer.
The refund and/or the credit note issued when the order is cancelled closes the sale and the Customer cannot claim any compensation.
5. INFORMATION ABOUT THE PRODUCTS AND THE PRICES
The Company undertakes to present its products as clearly as possible.
The products available for sale on the Website are presented in an information sheet that might include a number of different features, such as the product reference, the consistency, the ingredients, the use-by date, a photograph and the price.
The information that appears on the Website might be changed at any time, without notice.
6. PRICE AND PAYMENT
All the prices of the products are shown in Euros and include all taxes but not delivery.
The total amount of additional delivery charges is also available on the Website.
The cost of the products is payable once the order has been confirmed on the Website by the Customer.
The products will be invoiced on the basis of the prices displayed on the Website when the order is registered.
The price of the products may be adjusted at any time on the Website.
Orders can be paid for using one of the payment methods indicated on the Website.
For bank transfers, the payment must be made into the following account: BE92 0689 3581 6823.
It is the Customer’s responsibility to save the details related to his transaction.
7. DISPATCHING ORDERS
The Company undertakes to dispatch the order, depending on the availability of the products orders, as soon as payment is received for them.
Products are delivered to the address provided by the Customer in the order, and only in geographical areas offered by the company as defined on our Website.
Delivery lead times are provided for information purposes and do not constitute a key requirement of the sale.
8. RECEIVING THE ORDER
The Customer undertakes to sign any document(s) related to receiving the order issued by the carrier or anybody else responsible for delivering the parcel.
The carrier’s documents (or those belonging to anybody else responsible for delivering the order) will be valid and, in the event of any discrepancies with any statements and documents provided by the Customer, will take precedence.
The Company does not accept any responsibility arising from their failure to fulfil all or part of their obligations if this is the Customer’s responsibility or the result of force majeure.
If delivery is delayed due to a failure by the Customer within this context there will be no compensation.
9. NON-COMPLIANCE OF THE PRODUCT, DAMAGED PACKAGING AND COMPLAINTS
The Customer must mention any visible instance of non-compliance of the delivered product or any deformation or damage to the package to the person responsible for delivering the products by mentioning it alongside their signature on the delivery slip.
The Customer must confirm/communicate this instance of non-compliance by email or by any valid written method, sent within five calendar days to the Company, starting on the day on which the product in question was received.
Any complaint of any kind about a product must be reported with details and clearly indicate the reasons for the Customer’s dissatisfaction, where applicable, accompanied by photos confirming the problem.
Furthermore, products deemed to be non-compliant must be stored in a suitable place such that the product will not be damaged and can be examined at a later date by the Company so that they can confirm the alleged instance of non-compliance.
The complaint cannot be dealt with, including with a replacement product, until the Customer has fulfilled the conditions defined above and, more generally, these terms and conditions.
If the complaint is upheld, a new identical product will be sent at no extra cost, subject to availability.
10. FAILURE TO DELIVER
If the order is not delivered, the Customer must contact the Company by email or by any valid written method, sent to the Company within five calendar days of the expected delivery date.
If it is confirmed that the product has not been delivered, the Customer will be offered the following options, at no extra cost for them and without any other compensation for any harm suffered:
– either an identical product to the one that was not delivered will be resent, subject to availability;
– or the full amount paid for the part of the order that has not been received will be refunded.
11. DELIVERY ERROR
Any product delivered in error will result in an exchange or a refund, whichever the Customer prefers, as long as it is returned within seven (7) calendar days (with the La Poste postmark as proof) to the Company in full and in mint condition in its original packaging.
The postage costs will be covered by the Company, unless it turns out that the mistake is down to the Customer when the online order was confirmed on the Website.
12. CUSTOMS DUTIES AND TAXES
Any order placed by the Customer and delivered to somewhere outside Belgium may be subject to customs duties and other taxes.
These must be paid for by the Customer, releasing the Company from any responsibility. It is not the Company’s responsibility to check that any such duties and taxes exist, apply and are owed on the Customer’s behalf.
The products available for sale comply with current Belgian and European legislation.
The Company cannot be held liable in relation to the Customer once they have fulfilled their obligations in accordance with these regulations and this legislation.
The Company can only be held liable in relation to the Customer for their own wilful misrepresentation and/or gross negligence or that of their employees or representatives.
The Company cannot be held liable in relation to the Customer for the consequences of any mistakes made by the Customer when placing their order.
The Company does not accept any responsibility for any damage caused to the products after they are delivered to the Customer or anybody charged by the Customer to accept the delivery.
The Company does not accept any responsibility for any indirect damaged caused to the Customer for any fact or reason whatsoever.
14. INTELLECTUAL PROPERTY
All the text, comments, illustrations, images, logos, graphics, drawings, photos etc. reproduced on the Website and on the products belong to the Company by way of copyright and intellectual property rights.
The reproduction, in full or in part, of these rights and property, without the Company’s agreement, is strictly prohibited.
15. RETURN POLICY
The consumer has the right to notify the seller that he waives the purchase without payment of a fine and without a statement of reasons within 14 calendar days from the day following delivery.
In case the Customer invokes this possibility, he must return the goods to at his own risk and costs. Goods designed specifically for the Customer and/or which can spoil quickly will not be taken back and the Customer cannot rely on the waiver clause.
Returned goods will only be accepted by Ekko, provided you have not put the items in use.
For a return, follow the procedure below:
Step 1: Contact firstname.lastname@example.org and state your order number. We will send you our return instructions by email. The return costs, which we will mention in this email, are at your expense.
Step 2: Pack the goods before returning them (do not return any used goods), if possible in original packaging and complete with original labels, accessories. The original packaging ensures that damage during return is avoided.
Step 3: Print the return label and stick it on the box/boxes. The received label will contain all information to make sure the return goes smoothly (your information, our shipping address, the courier name).
Step 4: If you have questions after step 3, please do not hesitate to contact us. If no questions, you must return the goods to us within 14 days.
Step 5: If the goods reach us in good condition, you will be refunded as soon as possible. Should the goods be incomplete or damaged, we will inform you.
Only online purchased goods can be returned. For all other returns, you should turn to the store where you purchased the goods.
16. FORCE MAJEURE
The Company does not accept any responsibility for any delivery delay or failure in the event of force majeure, as this concept is defined by law, or any event out of their control that would make it impossible to fulfil the order or make it more expensive, in full or in part, or due to third parties such as the Parties’ suppliers, subcontractors, agents and representatives or carriers.
Force majeure includes full or partial strikes on our premises or those of our suppliers, transport and if our suppliers are out of stock.
17. PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions is found to be invalid or declared to be so in accordance with a law, a regulation or following a final ruling by a court with jurisdiction, the other provisions will retain their full force and effect.
18. PROOF OF PURCHASE
In general, the Parties accept electronic proof of payment within the context of their relationship.
Electronic records stored on the Company’s IT systems in accordance with security and confidentiality requirements will serve as proof between the Customer and the Company.
It is agreed that if there is difference between the consumer’s electronic records and those of the Company, the latter will take precedent.
19. DATA PROTECTION
By virtue of the Law of 8 December 1992 on data protection, the Customer has the right to correct, view, change and, for legitimate reasons, remove any information submitted.
Any request relating to this should be sent in writing to the Company at the following email address: email@example.com.
20. APPLICABLE LAW – DISPUTES
These terms and conditions and any dispute that might arise from the order are subject to Belgian law, whatever the nature of the dispute.
If there is a dispute or a complaint, the Parties will try to come to an amicable agreement, in good faith, before considering formal procedures.
The courts of the district of Flemish Brabant will have jurisdiction, unless there is a mandatory legal provision to the contrary.