BE CHOCD ° BE LOVD ° BE YOU

TERMS & CONDITIONS

TERMS & CONDITIONS

Please find our terms and conditions below

  • Article 1 – Definitions

    In these terms and conditions the following definitions apply:

    1. Cooling-off period: the period during which the consumer can invoke his right of withdrawal;
    2. Consumer: the natural person who does not act for objectives that are related to his or her trading, company or professional activities and who closes a distance contract with the entrepreneur;
    3. Day: calendar day;
    4. Durable data carrier: every means allowing the consumer or the entrepreneur to save information addressed to him or her personally in a manner that ensures future consultation and unmodified reproduction of the saved information;
    5. Right of withdrawal: the possibility for the consumer to cancel the distance contract during the cooling-off period;
    6. Entrepreneur: the natural or the legal person offering distance products and/or services to consumers;
    7. Distance contract: a contract whereby, in the framework of a distance sales system for products and/or services organised by the entrepreneur, one or more techniques for distance communication is/are used exclusively until the conclusion of the contract;
    8. Technique for distance communication: means that can be used to conclude a contract, without the consumer and the entrepreneur having to convene in the same space at the same time;
    9. Terms and conditions: the present Terms and Conditions of the entrepreneur.

  • Article 2 – Identity of the entrepreneur

    b'choc'd by BD-EM pllc

    Stokthoekstraat 58 9140 Elversele;
    Operational address: Aartstraat 30 9220 Hamme;
    Telephone number: 0032 471 06 82 61 – we can be reached from Monday to Friday between 9 p.m.- 17 p.m.
    E-mail address: info@BchocD.com
    Enterprise number: BE 0651 608 386

  • Article 3 - Applicability

    Article 3 - Applicability

    1. These terms and conditions apply to every offer made by b'choc'd and to every concluded distance contract and every order between b'choc'd and the consumer.
    2. Before the conclusion of the distance contract the text of these terms and conditions is made available to the consumer by means of the website.
    3. If one or more stipulations in these terms and conditions become(s) wholly or partially void or are wholly or partially destroyed at any given time, the contract and these conditions remain valid and the concerned stipulation will, by mutual agreement, be immediately replaced by a stipulation that comes as close as possible to the tenor of the original stipulation.
    4. Situations not discussed in these terms and conditions have to be judged ‘according to the spirit’ of these terms and conditions.
    5. Obscurities concerning the explanation or the content of one or more stipulations of these conditions, have to be explained ‘according to the spirit’ of these terms and conditions.

  • Article 4 - The offer

    Article 4 - The offer

    1. The product offer has a limited shelf life and this is mentioned explicitly on the packaging.
    2. The offer is noncommittal. b'choc'd has the right to modify the offer and to adjust it.
    3. The offer contains a complete and accurate description of the offered products. The description is sufficiently detailed to make it possible for the consumer to come to a good evaluation of the offer. When b'choc'd uses images, these are a faithful representation of the offered products. Obvious errors or obvious mistakes in the offer do not bind b'choc'd.
    4. All the images, specifications, information in the offer are indicative and cannot give cause for compensation or dissolution of the contract.
    5. Images of products are a faithful representation of the offered products. b'choc'd cannot guarantee that the colours on display on the website are an exact match for the actual colours of the products.
    6. The offer contains information described in such a way that it is clear to the consumer what the rights and obligations linked to the acceptance of the offer are.
  • Article 5 - The contract

    Article 5 - The contract

    1. b'choc'd immediately electronically confirms the reception of the acceptance of the offer.
    2. b'choc'd takes the appropiate technical and organisational measures for the protection of the electronic transmission of data and ensures a safe web environment. For the electronic payment the entrepreneur will also observe appropriate safety measures.
    3. Within legal boundaries, b'choc'd can investigate whether the consumer is able to live up to his payment obligations , as well as whether there are facts and factors that are important for a responsible entering into the distance contract. If, on the basis of this investigation, b'choc'd has good cause for not entering into the contract, it has the legally motivated right to refuse an order or an application or to link special conditions to the execution of said contract.
    4. Along with the product or service delivered to the consumer, b'choc'd will send the following information, in writing or in such a way that the information can be saved by the consumer in an accessible fashion on a durable data carrier:
      • the contact information of the b'choc'd establishment to which the consumer can address his or her complaints;
      • an identification of the order, allowing for a fluent communication;
      • an indication concerning the delivery time;
    5. Every contract is concluded under the suspensive conditions of sufficient availability of the concerned products.

  • Article 6 – Exclusion right of withdrawal

    Article 6 – Exclusion right of withdrawal

    1. b'choc'd can exclude the consumer’s right of withdrawal for its products. The exclusion of the right of withdrawal is valid given the personalised nature of the merchandise.
    2. The exclusion of the right of withdrawal is legally possible for products:
      • that have been realised by the entrepreneur in accordance with the specifications of the consumer;
      • that are clearly personal in nature;
      • that cannot be sent back because of their nature;
      • that can decay or age rapidly;
      • whose price is linked to fluctuations on the financial market on which the entrepreneur has no influence;
      • for separate newspapers and magazines;
      • for audio and video recordings and computer software of which the consumer has broken the seal;
      • for hygienic products of which the consumer has broken the seal.

  • Article 7 - The price

    Article 7 - The price

    1. During the period of validity mentioned in the offer, the prices of the offered products and/or services will not be raised, except for price changes as a result of changes in VAT tariffs.
    2. In derogation to the provisions referred to in the previous paragraph, the entrepreneur may offer at variable prices, products or services of which the prices are linked to fluctuations on the financial market and on which the entrepreneur has no influence. This dependency on fluctuations and the fact that the prices mentioned are target prices, is specified in the offer.
    3. Price increases within 3 months of the conclusion of the contract are only allowed if they ensue from legislation or legal provisions.
    4. Price increases later than 3 months after the conclusion of the contract are only allowed if b'choc'd has stipulated this possibility and:
      • such increases ensue from legislation or legal provisions; or
      • the consumer is entitled to cancel the contract as of the date on which the price increase takes effect.
    5. The prices mentioned in the product offer will include VAT.
    6. All prices are subject to printing errors and misprints. No accountability is accepted with regards to the consequences of printing errors and misprints. In the case of printing errors and misprints b'choc'd is not obligated to deliver the product at the erroneous price.

  • Article 8 - Compliance and warranty

    Article 8 - Compliance and warranty

    1. The entrepreneur ensures that the products and/or services comply with the contract, with the specifications mentioned in the offer, with the reasonable requirements of soundness and/or usefulness and with the existing legal provisions and/or government regulations at the time of the conclusion of the contract.
    2. Eventual shortcomings or wrongly delivered products need to be reported in writing to the entrepreneur within 2 days after delivery. The return of products needs to be discussed with b'choc'd given the exclusion of the right of withdrawal.
    3. This warranty is not valid when:
      • The consumer has treated the delivered products himself or has had the products treated by a third party;
      • The delivered products have been exposed to abnormal circumstances or have, in any other way, been treated without care or are in conflict with the instructions of b'choc'd and/or packaging are processed;

  • Article 9 - Delivery and execution

    Article 9 - Delivery and execution

    1. b'choc'd will take the greatest possible care when receiving and executing orders of products and when assessing applications for the provision of services.
    2. The place of delivery is the address that the consumer has made known to the company.
    3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously within 30 days unless the consumer has agreed to a longer delivery period. If delivery is delayed or if an order cannot or can only be partially carried out, the consumer will receive a message informing him of the situation at the latest within 30 days after having placed the order. In that case the consumer has the right to dissolve the contract without additional costs. The consumer is not entitled to compensation.
    4. All delivery times are indicative. The consumer cannot derive any rights from mentioned delivery times. The consumer is not entitled to compensation when b'choc'd exceeds a delivery time.
    5. In case of dissolution as mentioned in paragraph 3 of this article, the entrepreneur will reimburse the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution of the contract.
    6. If delivery of an ordered product should prove impossible, b'choc'd will do its utmost to make available a replacing article. No later than the delivery will b'choc'd make it known in a clear and understandable fashion that a replacing article is being delivered. With replacing articles the right of withdrawal cannot be excluded. b'choc'd will pay the costs of any return shipment.
    7. The risk of damages to and/or loss of products lies with the entrepreneur up to the moment of delivery to the consumer or to a representative that has been indicated or made known to b'choc'd in advance, unless expressly agreed otherwise.
    8. The terms of delivery indicated by b'choc'd are merely indicative. A late delivery cannot be cause for any compensation nor be cause for cancellation of an order. All costs of reception of the merchandise are to be paid by the customer. As of this moment the full risk of the merchandise passes to the buyer. If the recipient refuses the delivery b'choc'd has the right to not reimburse the payment.
    9. Delay of the delivery can never be cause for a fine, a compensation, a substitution or dissolution of the contract for the account of b'choc'd. The proposed terms of delivery will lapse if there are modifications in the order.
    10. In the event of force majeure b'choc'd can either suspend the execution of the contract or can either wholly or partially terminate the contract, effective immediately, without any compensation. The following are, amongst others, to be considered force majeure: strike, lock-out, bad weather, machine defects, fire as well as any shortcoming on the part of suppliers or subcontractors.

  • Article 10 – Payment

    Article 10 – Payment

    1. The amounts owed by the consumer are to be paid during the online purchase. The consumer is obligated to immediately report to b'choc'd inaccuracies in supplied or mentioned payment data.
    2. In the event of non-payment on the part of the consumer, b'choc'd has the right, subject to legal restrictions, to charge the reasonable costs incurred to the consumer, to whom these reasonable costs have been made known beforehand.
    3. As far as billing goes, the invoices have to be paid on the due date mentioned on the invoice. The buyer may not, in any case, invoke set-off. In the event of non-payment of an invoice on its due date, an interest on arrears of 1% per month commenced and a lump sum indemnity of 10% of the amount invoiced with a minimum of 50 EUR per invoice are owed, as of right and without formal notice, without prejudice to b'choc'd’s right to claim compensation for damage actually suffered. Non-payment of an invoice on the due date gives b'choc'd the right to suspend every delivery until the full amount owed for this delivery has been paid. The same applies to imminent bankruptcy, legal or amicable dissolution, application for judicial composition, cessation of payment, as well as any other fact indicating the insolvability of the customer. In case of continuing default on the part of the customer vis-à-vis his or her payment obligations, for any reason whatsoever, b'choc'd reserves the right to dissolve the contract, free of charge and without formal notice or legal intervention, by means of a simple registered shipment addressed to the client.

  • Article 11 – Complaint settlement

    Article 11 – Complaint settlement

    1. b'choc'd has a well-publicized complaints procedure and treats the complaint in accordance with this complaint procedure.
    2. Complaints regarding the execution of the contract need to be submitted completely and clearly described to b'choc'd within 2 days after the consumer has established the shortcomings.
    3. Submitted complaints will be answered within a period of 14 days as of the date of reception of the complaint. If a complaint requires a foreseeably longer processing time b'choc'd will, within a period of 14 days, send a message of reception and an indication of when the consumer may expect a more detailed answer.
    4. If the complaint cannot be resolved by mutual agreement a dispute arises which is subject to complaint settlement.
    5. In case of complaints the consumer has to first address b'choc'd. In case of complaints that cannot be resolved by mutual agreement the consumer has to address the European ODR platform (http://ec.europa.eu/odr).
    6. If a complaint is found to be justified by b'choc'd, we will offer the following choice to the consumer: we will either replace the delivered products free of charge or we will reimburse the purchase amount.

  • Article 12 – Disputes

    Article 12 – Disputes

    1. Only Belgian law applies to all contracts, to which the present terms and conditions refer, between b'choc'd and the consumer. This is also the case if the consumer lives abroad.
    2. In case of a dispute only the Courts of Dendermonde are competent.