General terms and conditions

1 Definitions

Seller: Dierendonck Butchery BVBA, with its registered office at Albert I Laan 70, 8630 Veurne, Belgium, registered with the Crossroads Bank for Enterprises (CBE) under number BE 0559 850 148.

Product: any number of goods or services you have purchased from the Seller.

Website: the website on which you purchased the Product: www.dierendonck.shop

Buyer, you or your: any natural person or legal entity purchasing a Product on the Website.

Consumer: any Buyer who is a natural person purchasing a Product exclusively for non-professional purposes.

Professional Customer: any Buyer who is not a Consumer.

The term ‘Parties’ refers to both the Seller and the Buyer. The term ‘Agreement’ refers to the contractual relationship between the Parties, as stipulated in art. 2.1.

2 Relationship between the Parties

2.1 Contractual relationship

The contractual relationship between the Parties is exclusively determined by:

• the order confirmation you received after making (a) purchase(s) or placing (an) order(s);
• these general terms and conditions;
• the Seller’s legal notice. A copy of this legal notice can be downloaded from the following page: www.dieredonck.shop/pages/general-terms-and-conditions;
• the Seller’s privacy policy. A copy of this privacy policy can be downloaded from the following page: www.dieredonck.shop/pages/general-terms-and-conditions.

The aforementioned legal notice and privacy policy are an integral part of these general terms and conditions. By agreeing with these general terms and conditions, you also agree with the content of the legal notice. In the event of a conflict between these conditions and the legal notice, the former shall prevail.

Apart from these general terms and conditions can, additional conditions may apply to certain Products where expressly stipulated, for example in the context of a promotional offer. In such instances, these additional specific conditions prevail over these general terms and conditions.

The conditions on this website may be changed by the Seller without prior notice. Because of this, we advise You to consult these general terms and conditions each time you place an order. The conditions that are published on the Website at the time of purchasing are the ones that apply to the Agreement.

Any conditions of the Buyer are expressly excluded.

2.2 Capacity of the Buyer

Various clauses in these general terms and conditions apply exclusively to either the Consumer or the Professional Customer. Clauses in which the term ‘Consumer’ is used do not apply to purchases made by a Professional Customer. Clauses in which the term ‘Professional Customer’ is used do not apply to purchases made by a Consumer. Clauses referring to the ‘Buyer’ apply to both the Consumer and the Professional Customer.

3 Right of withdrawal

3.1 General right of withdrawal

Without prejudice to the exceptions listed in art. 3.2, the Consumer has the right to withdraw their purchase of a Product within 14 calendar days.

For goods, this period begins the day after delivery to the Consumer. For services, it begins the day after the Agreement has been entered into. The Consumer may exercise their right of withdrawal without giving any reason and without having to pay a penalty.

To lawfully exercise their right of withdrawal, the Consumer must inform the Seller of the fact that they wish to cancel their purchase, either by registered mail or by e-mail to webshop@dierendonck.be.

The Seller always retains the right to reject this request for withdrawal if, upon its return, the Product shows signs of damage, use or wear and tear. Either way, any return must include the Product itself as well as all original documents and packaging materials.

All expenses and risks related to the Product’s return will be borne by the Consumer. Upon invoking their right of withdrawal, the Consumer shall return the Product to the depot at the following address: Albert I Laan 70, 8630 Veurne, Belgium.

When the Consumer exercises their right of withdrawal, the Seller will reimburse the purchase price of the returned product or service to the Consumer within 30 days of having been informed of the Consumer’s decision and receiving the returned Product, minus any costs incurred (such as shipping fees, any gift wrapping, insurance, additional services, etc.).

3.2 Exceptions to the right of withdrawal

The Consumer does not have a right of withdrawal for the following Products:

• services whose fulfilment began before the end of the withdrawal period as stipulated in art. 1, as agreed upon by the Consumer;
• Products made according to the Consumer’s specifications, or ones that are clearly intended for a specific individual
• Products with a distinct personal touch or ones that cannot be returned due to their nature, sealed products that are unsuitable for return for reasons relating to the protection of health or hygiene, whose seal has been broken subsequent to delivery, especially but not limited to care and hygiene products as well as food items.
• the delivery of goods that can spoil quickly or that have a short expiry date, especially but not limited to the food items sold on the website;
• the supply of goods which have become inseparably mixed, due to their nature, with other products after delivery;
• newspapers, journals and magazines

4 Promotions

Despite the fact that the products on offer and the illustrating photos on the website are presented with the utmost care, it is always possible that the information provided may be incomplete, outdated or contain material errors. With respect to the accuracy and completeness of the information provided, the Seller is solely bound to a best-efforts undertaking. The Seller is in no way liable in the event of material errors, typesetting or printing errors or deviations from the Products as presented in any illustrative photos.

Promotions on the Website are always non-binding and subject to availability. If you purchase a Product which is subsequently found to no longer be available, the Seller retains the right to cancel your order; should this happen, you will not be entitled to any form of compensation. Promotions personally addressed to you are valid for a period of 14 days, notwithstanding any other provisions.

The Seller retains the right to decline any order request without giving any reason or where you still owe the Seller any outstanding and overdue debts.

The sale is deemed to have taken place at the Seller’s address.

5 Prices and payment

Product prices displayed on the website include VAT but exclude shipping costs, unless stated otherwise. All other taxes or duties arising between the time of order and the time of delivery shall be borne by the Buyer. Payment should be made out to the address Albert I Laan 70, 8630 Veurne.

Payment should be made by direct payment methods such as PayPal or debit card.

All late payments will, after an initial notice of default, result in late-payment interest of 8.5% per year and a fixed compensation as stipulated in Article 10. Payment deadlines can only be granted in writing. In the case of late payment, the Seller also has the right to suspend (further) delivery or to dissolve the Agreement with immediate effect, at his discretion.

Unless proven otherwise, the digital registers and log files of the Seller and those of its service providers are proof of all transactions between you and the Seller. The number you enter for your debit card or credit card or the bank transfer order you issue, as well as your final confirmation of the order, serve as proof of your agreement with your order and these general terms and conditions. This agreement serves as a signature.

6 Delivery and transfer of risk

6.1 Delivery period

Orders will be delivered as soon as possible. Delivery schedules or times mentioned on the Website are only indicative and should be calculated from the day following the day on which the Buyer placed their order. If no specific delivery date was agreed upon, a standard delivery time of thirty days shall apply.

If the delivery is not made on the planned delivery date due to an error by the Seller, and provided that the Seller has not yet shipped the Product at that time, the Consumer retains the right to cancel their order free of charge by simple notification, without judicial intervention. The Consumer shall then be reimbursed the sum they have already paid within thirty days.

If the delivery is not made on the planned delivery date due to an error by the Seller, the Professional Customer shall, in the event of a late delivery, first be required to extend an additional grace period of no less than fourteen days to the Seller, during which the latter has the opportunity to fulfil its delivery duty.

6.2 Place of delivery

Deliveries will take place at the address provided by the Buyer at the time when the Agreement was concluded. In the event you are not at home during a home delivery, you will be notified of the courier’s visit by a message in your letterbox. In the event of your absence, orders placed through our online store will be delivered to a neighbour. Should this happen, the courier will leave a message in your letterbox with the exact address of the neighbour to whom the order was delivered. Buyers also have the option of providing a neighbour’s address themselves, to be used in the event they are absent during delivery. We never offer a second delivery attempt, as this would make it impossible for us to guarantee the quality of the fresh meat we deliver. If you are absent and no neighbour is present to receive your order, this will be seen as a non-delivery, which is final. You never have the right to claim any compensation for a non-delivery of this kind.

By agreeing to these general terms and conditions, you agree to allowing third parties, such as neighbours, receive your order upon delivery, which will be entirely at your own risk.

If the Product cannot be delivered to the address provided by the Buyer, the Seller retains the right to automatically terminate the Agreement, without prejudice to any other rights. The Buyer will be notified of this termination by the Seller. Either way, all pointless transport costs shall in this case be borne by the Buyer; if the order contained any perishable goods, the Buyer shall be obliged to bear the full payment.

If delivery is split up in parts, the Seller retains the right to regard each delivery as a separate order.

6.3 Retention of title

The Seller shall retain full ownership of the Products until all your obligations have been fulfilled, including but not limited to the full payment of the price, costs and any interest. Until such payment is made in full, the Buyer is not allowed to dispose of or use the Product.

6.4 Transfer of risk

The risk is transferred to the Consumer at the time of delivery as stipulated in art. 6.2. The risk is transferred to the Professional Customer at the time when the shipment leaves the Seller’s warehouse.

Upon receipt of the goods, the Buyer should check the package(s) for any damage and mention possible damage or irregularities on the courier’s delivery note; failure to do so will mean the packages are deemed to be delivered without any damage resulting from shipping. The Buyer always retains the right to refuse the goods if these can be shown to have suffered substantial damage.

7 Liability

The Seller’s liability for failing to comply with their contractual obligations cannot be invoked in the event of coincidental circumstances or force majeure. Force majeure includes, but is not limited to: national or local emergency situations, actions or negligence by the government, actions by employees (including strikes and lock-outs), bugs in third-party software, disruptions in the communications (including telecommunications) network and actions or negligence by third parties beyond the reasonable control of the Seller (such as a strike at transport or mail-order companies that results in a late delivery to the Buyer);

The full liability of the Seller is limited exclusively to any direct damages, which in each instance is limited to the purchase price of the Product (excl. services), with a cap of €250. The Seller is in no way liable for any indirect damage, such as but not limited to a loss of use or enjoyment, loss of opportunity, emotional damage, administrative costs, wasted time or any other form of indirect damage that could not be foreseen at the time you purchased the Product.

This limitation of the Seller’s liability towards the Consumer does not apply in the event of wilful misconduct or gross negligence on the part of the Seller or its subordinates. This limitation of the Seller’s liability towards the Professional Customer does not apply in the event of wilful misconduct on the part of the Seller or its subordinates.

Neither can the Seller be held liable for damage resulting from the use or misuse of the internet (disruption, virus, etc.).

Insofar as the exoneration described in this article potentially awards the Seller a benefit that exceeds the legally established maximum limits of the applicable legislation (see art. 12), the limitation of liability stipulated in this article shall be limited to the legal maximum limits.

8 Guarantee

8.1 Guarantee for consumer goods

The Consumer benefits from a legal guarantee for any lack of conformity on the part of movable tangible property. Consumable goods are expressly excluded from this guarantee. This is on the condition, however, that the lack of conformity already exists upon delivery and manifests itself within two years of this delivery. If the Products are second-hand goods, the aforementioned period is shortened to one year.

In the event of a lack of conformity, the Consumer shall notify the Seller no later than two months after the day on which they first identified the lack. Articles 1649 bis to 1649 octies of the Civil Code apply.

If the Product displays defects during the guarantee period, the Consumer shall send the Product, in order to have it examined, repaired or replaced, to: Albert I Laan 70, 8630 Veurne, Belgium.

The guarantee does not apply, however, if the defect is caused by any carelessness, damage to or incorrect use of the Product by the Consumer. If the Product can neither be repaired nor replaced by an identical or equivalent product, the Consumer has the right to a price reduction or reimbursement in the form of a voucher.

8.2 Indemnification

Any complaints concerning visible defects of the Product must be reported, subject to forfeiture, no later than the third day after the day of delivery.

The Consumer must report any complaints concerning hidden defects within a period of 14 days after they first observed the defect in question.

The Seller’s liability cannot be invoked for any hidden defects observed by the Professional Customer.

8.3 Cost of examination or repair

If the Product is not covered by any guarantee, any costs associated with identifying or repairing the defect shall be borne by the Customer. Should the Customer fail to pay these costs while the Product is in the custody of the Seller, ownership will be transferred back to the Seller in the event of non-payment after a period of 6 months.

9 Archiving

In accordance with the relevant accounting provisions, the Seller is required to archive the signed contract and store it for the legally stipulated storage period. The archived contract is not accessible to Visitors.

10 Breach of contract

If the Buyer does not fulfil their payment obligation as stipulated in art. 5, they shall be charged a fixed compensation of 10% of the principal amount, at a minimum of €100, on top of the total outstanding principal amount.

11 No waiver and invalidity

The fact that the Seller decides not to invoke a certain clause of these general terms and conditions or the legal notices and information at a certain point shall in no way imply a definitive waiver of these clauses.

If one of the clauses of these general terms and conditions is found to be inapplicable or invalid, the other clauses shall nevertheless remain applicable and enforceable in full.

12 Applicable law and jurisdiction

The contractual relationship between the Parties is exclusively governed by Belgian current law. The Vienna Sales Convention explicitly does not apply.

The Belgian courts have exclusive jurisdiction. The courts of the legal district of Ghent – Veurne division have the territorial competency to hear all potential disputes between the Parties, except where mandatory statutory provisions exist to the contrary. By way of derogation from the aforementioned competency, the Seller may also, at its exclusive discretion, decide to summons the Buyer before one of the courts that is competent according to art. 624 Jud. C.