General terms and conditions

  1. APPLICATION OF GENERAL VWD

1.1 La Favo are dry foods, conducted through the private limited liability company La Favo BVBA, with registered office at 9810 Eke, Oude Eedstraat 4a, VAT BE 0712.594.464. These general terms and conditions apply to the activities via the webshop.

1.2 By placing an order, the customer acknowledges having read these general terms and conditions and accepts that they will apply to all existing and future legal relations with La Favo.

1.3 These general terms and conditions always take precedence over any terms and conditions of the customer, which are not opposable to La Favo, even if they stipulate that they are the only ones.

1.4 Any deviation from these general terms and conditions must be the subject of a written confirmation between La Favo and the customer. Such deviation is valid only for the specific case agreed upon and can never be considered as precedent.

1.5 The non-application - even repeatedly - by La Favo of any right, can only be considered as tolerating a certain state of affairs and does not lead to the forfeiture of rights.

1.6 La Favo reserves the right to amend or modify its terms and conditions at any time.

1.7 The possible nullity of one or more clauses of these general terms and conditions or part thereof shall not affect the validity and applicability of the other clauses and/or the rest of the provision in question. In case of nullity of one of the clauses, La Favo and the customer will negotiate to replace the void clause by an equivalent clause which complies with the spirit of the general terms and conditions. If La Favo and the customer do not reach an agreement in this respect, the competent court may moderate the void provision to what is (legally) permissible.


2. COMPLETION OF CONTRACT

2.1 When ordering online from La Favo at www.lafavo.be, all steps of the ordering process should be completed.

2.1 An order must be paid online in accordance with the provisions of Article 7.


3. CONTRACT PERFORMANCE

3.1 La Favo is only bound to deliver the products and/or perform the services as specifically described in the order confirmation or the other documents forming part of the agreement.

3.2 All products and services not explicitly provided for will be charged to the customer on a supplementary basis, regardless of whether they result from a change in the order by the customer, unforeseen circumstances or any other reason.


4. CANCELLATION AGREEMENT

For La Favo's online purchases via the webshop, the customer-consumer does not have a right of withdrawal in accordance with the provisions of Book VI of the Economic Law Code, since these purchases concern the delivery of goods with a limited shelf life and which can spoil quickly (Article VI.53, 4° Economic Law Code).


5. DELIVERIES BY LA FAVO

5.1 Deliveries are made by La Favo or its logistics partner to the delivery address specified by the customer.

5.2 Standard deliveries of orders on the webshop are made via a logistics partner (except holidays and bridging days) on weekdays. The standard shipping is subject to the services of the logistics partner, which is why La Favo can only prescribe the delivery day.

5.3 In case of a minimum order of 25 euros and standard shipping, no delivery costs will be charged to the customer (only valid for orders in Belgium) (otherwise, 5 euros will be added to the total as delivery cost).

5.4 La Favo shall not be liable if the delivery is left unattended at the agreed delivery address on the customer's instructions (e.g. at the door).

5.5 Late or non-delivery due to force majeure or hardship on the part of La Favo will not give rise to any liability on the part of La Favo to the customer.


6. PRICE

6.1 All product prices are in euros and include VAT. Additional costs, such as delivery costs where applicable, are always stated separately.

6.2 La Favo reserves the right to adjust prices at any time. The price payable by the customer is the price as shown on the order confirmation.


7. ONLINE PAYMENT

7.1 Online orders via La Favo's webshop should be paid immediately via the online payment instruments offered.

For online payments, La Favo uses external professional and specialised partners who operate a payment platform. The customer's financial data entered as part of an online payment are exchanged only between the external partner and the financial institutions concerned. La Favo has no access to the customer's confidential financial data. Online payments are made using secure protocols. All online payments are subject to the terms and conditions of the external payment platform operator of 7.2, which bears sole responsibility with regard to the correct execution of all online payments.

7.3 Unless expressly agreed otherwise, La Favo is not obliged to deliver or execute until the online order has been paid in full.

7.4 By placing an online order, the customer expressly agrees to the use of electronic invoicing by La Favo.

7.5 Professional customers placing orders for professional use can request an invoice during checkout. Invoices can only be validly protested if this is done by registered letter within a period of ten working days from the invoice date and stating the invoice date and number and a detailed justification of the protest.


8. CLAIMS

8.1 La Favo guarantees the quality and freshness of its products during the indicated consumption period, provided the customer keeps the products in the unopened packaging and in adequate conditions.

8.2 The customer must verify the products after delivery, including (but not exclusively) with regard to conformity, correct quantities, visible defects, late delivery, etc. Complaints regarding the La Favo products will only be taken into account if the customer has mentioned them on the signed delivery note or, in the absence of a delivery note, submits them to La Favo in writing or electronically within a period of two (2) hours after the products have been delivered or after the agreed time when the products should have been delivered. After the discovery of any defect, the customer is obliged to immediately stop using the products concerned.

8.3 In any event, complaints should always be made in writing or electronically to La Favo, with identification of the goods/services involved and a detailed justification of the complaint. In the absence of a timely written complaint, the customer is deemed to irrevocably accept the goods and services delivered.

8.4 After the discovery of any shortcoming or an alleged defect, the customer is obliged to do and cause to be done everything reasonably possible to prevent (further) damage.

8.5 The customer is obliged to reimburse costs incurred as a result of unjustified complaints.


9. RESPONSIBILITY

9.1 In any event, La Favo's liability is limited - at La Favo's option and discretion - to (re)delivery of the missing or defective products. If redelivery/reperformance is not or no longer possible or useful, the customer is entitled to a refund of the price of the missing or defective products and/or services.

9.2 In any event, La Favo's liability will never exceed the invoice value of the missing or defective products or services. La Favo's liability is limited to the liability mandatorily imposed by law.

9.3 Under no circumstances can the customer claim indemnification by La Favo for:

(i) Defects caused directly or indirectly by an act of the customer or a third party, regardless of whether it was caused by fault, negligence or carelessness;

(ii) Problems with the freshness or quality of products due to:

(a) Consumption after the indicated expiry date or normal consumption period of the products;

(b) Storage in inappropriate conditions (including humidity or external odours), in inappropriate packaging or after opening the packaging;

(iii) Additional damage caused by further use or further application by the customer after the determination of a defect;

(iv) Alleged defects based on subjective data, such as personal taste or preferences;

(v) Allergic or other reactions following the consumption of the products;

(vi) Claims relating to failure to achieve certain dietary, health or mental health objectives. La Favo in no way guarantees that the customer will or can achieve such objectives;

(vii) Damage that would not have occurred if the customer had acted sufficiently diligently to mitigate the damage;

(viii) Damage caused by force majeure or hardship, in accordance with the provisions of Article 12;

(ix) Indirect and consequential damages, such as, but not limited to, damage to image, loss of income, loss of turnover, damage to third parties etc.


10. OVERVIEW

10.1 La Favo and the customer are not liable for any failure to perform their obligations caused by force majeure or hardship.

10.2 Cases of force majeure or hardship entitle La Favo to, at its option:

(i) Temporarily suspend the performance of its own obligations;

(ii) Review the contractual terms;

iii Terminate the agreement by simple written service on the customer, without La Favo being or may be liable for any damages.

In all such cases, the customer shall be liable for payment of all products and services already delivered at the date of suspension, revision or termination, and for all costs incurred or to be incurred by La Favo as a result of the suspension, revision or termination.

10.3 Are conventionally regarded as cases of force majeure or hardship, all circumstances that were reasonably unforeseeable and unavoidable at the time of the conclusion of the contract and that create the impossibility of performing the contract or that would make the performance of the contract financially or otherwise more onerous or difficult than normally foreseen such as, for example (non-exhaustive) natural circumstances, war, terrorism or threat of terrorism, strikes, lock-outs, illnesses, staff shortages, business organisational circumstances, seizure, fire, breakage of machinery and/or tools, scarcity of raw materials and/or materials, delays in or bankruptcy of suppliers or subcontractors.


11. COMPETENT COURTS & APPLICABLE LAW

11.1 In case of disputes regarding these general terms and conditions, as well as any other agreement concluded between La Favo and the customer, only the territorially competent courts and tribunals of La Favo's registered office have jurisdiction.

11.2 Belgian law applies.