General terms and conditions
1. General terms
The following terms and conditions of sale determine the use of the D&J Projects V.O.F. website with registration number BE 0555.664.795 and registered office in 8470 Gistel, Markt 11 (called hereafter 'the seller'). The terms and conditions of sale are also applicable whenever a reservation or an order at the Chocolates & Sweets webshop is placed through webshop.chocolates-sweets.be.
The Chocolates & Sweets website was created by order of and managed by the seller. Users are allowed to view the information on the site free of charge and print this information for personal use, but not for commercial purposes.
Minors or incapacitated adults should be represented by their parents or legal guardians, who are equally bound by the present terms and conditions of sale and who should either fill in the order form themselves or give the incapacitated person explicit permission to do so, otherwise the order will not be accepted. In this case, the conditions of the following art. 11 regarding personal data processing remain fully valid. We do not sell alcoholic beverages or products containing alcohol to minors (-18 years old).
By placing an order from the website, you explicitly accept these general terms and conditions of sale which are published on this website. Acceptance of the general terms and conditions is mandatory in order to place an order. Through ordering, you declare to know and accept the seller's general terms and conditions. The general terms and conditions are always available and can be found on the website.
All orders are bound by the applicable general terms and conditions, published at that moment on the website, to the exclusion of all possible prior or later conditions.
In case one of these conditions should not be legally valid for any reason whatsoever, all other conditions still remain fully in force.
Anything that is not explicitly mentioned in these terms and conditions of sale is bound by the regulations of Belgian law.
The carrier language of the agreement is Dutch. You can always contact the customer service if something is not entirely clear.
2. Offers and ordering
The seller commits to process the orders placed on the website as long as there is stock available and to do so within the restrictions formulated in these conditions. The online order will be processed only if the customer has clearly identified himself according to art. 9.
The seller reserves the right to refuse orders in case it has strong suspicions of any rights abuse or someone acting in bad faith, if there are strong suspicions of commercial purposes unacceptable to the seller or if the stock of a particular item is exhausted.
An order is considered final only upon acceptance of the general terms and conditions of sale, of the prices and of the description of the offer. If the offer is not entirely clear or if something is not clear after placing the order, the customer can always contact D&J Projects for further information by e-mail at [email protected] or by telephone at the number +32 (0)59 70 30 15. Any questions will be answered as soon as possible.
The prices are shown on the website at the time of your order. All prices mentioned include 6% VAT, except products containing alcohol, greeting cards and charges for packaging and shipment, to which 21% VAT is applied.
The charges for domestic shipments and shipments abroad are provided during the order process before finalising the order. This means it is still possible to undo the order at that stage. Payment should be prior to shipment and is made using one of the following payment facilities: Bancontact/Mister Cash, Bank transfer, Giropay, PayPal, iDeal, Maestro, MasterCard, MultiSafePay, Sofort Banking of Visa.
If payment is made by bank transfer, the order is only executed upon receipt of the transferred amount. However, in the meantime the ordered item remains reserved for a period of 7 days, being the term within which the bank transfer must be executed and credited on the seller's account, otherwise the order is cancelled.
4. Order confirmation
Upon acceptance of your payment by the system, the seller confirms the order by e-mail.
Freshness and quality are our priority concern!
Delivery of the ordered item(s) are made at the address indicated by the client (one address per order) and this on working days between 8 am and 6 pm, you cannot choose a specific delivery time. Deliveries are not possible during weekends (except via PostNL on Saturday if ordered before 2 p.m. on Friday) or public holidays. Deliveries to a post office box are not possible.
Orders until € 260 that have been submitted before 2pm (on working days) can be shipped on the same day. Orders submitted on holidays, on weekends or after 2pm will be processed on the following working day. Upon completing your order you will be able to choose between an immediate shipment or shipment at a later date.
Orders above €260 can be processed and shipped within 72 hrs (on working days). Upon completing your order you will be able to choose between shipment as soon as possible or shipment at a later date.
Orders above €1.000 need to be submitted at least 10 days prior to its shipment. Upon completing your order you will be able to choose between shipment as soon as possible or shipment at a later date.
The delivery time starts once the parcel is handed over to DPD, DHL, GLS or PostNL. Transport charges are calculates according to the country of destination. An e-mail is sent as soon as the delivery is handed over to the transport company. This e-mail contains a tracking number allowing the customer to track the shipment.
For our shipping rates, countries and delivery times: 'CLICK HERE'
We can not be held responsible if the carrier can not deliver the parcel in case of absence, in case of an incorrect or incomplete address or in case of due to force majeure (extreme weather, extremely busy periods, accident, strike, ...).
Shipments that are sent to a pick-up point due to the absence of the receiver en do not get picked up within 7 days, are not considered for refund if it concerns products with a limited shelf life (shelf life less than 3 months after shipment). This also applies for shipments that are returned due to an incorrect or incomplete address, or parcels which are not collected within 14 days after delivery in a pick-up point. In case this package needs to be shipped again, the shipping costs and products will be paid by the buyer.
At temperatures from 25° (in Belgium or in the country of destination) we do not ship chocolate products on Thursday (with the exception to Belgium, Luxembourg and the Netherlands) and on Friday (no shipments), because we do not have any control over the temperature in the storage facility of the transport companies during the weekend.
We pack our hollow chocolate figures the best way possible. We are not responsible for breakage during transport. No compensation can be claimed for broken figures.
6. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day 1 on which you, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (D&J Projects V.O.F., Markt 11, 8470 Gistel, Belgium, +32 (0)59 703015, [email protected]) of your decision to withdraw from this contract by an unequivocal statement. You may use the model withdrawal form, but it is not obligatory. The model withdrawal form can be downloaded HERE.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
The right of withdrawal does not apply to:
- the supply of goods made to the consumer´s specifications or clearly personalised;
- the supply of goods which are liable to deteriorate or expire rapidly;
- the supply of goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
Any problems or deficiencies regarding the delivery of an article, damages or quality problems should be notified in writing by means of registered post, together with photos of the products and packaging, within seven days to the following address: D&J Projects V.O.F., Markt 11, 8470 Gistel or by e-mail at [email protected]
The seller offers the legally provided warranties.
The seller is not responsible in case of acts of God, incidents, incorrect use or improper treatment of an item by the customer.
An item with an accepted issue will be replaced free of charge.
D&J Projects guarantees that the goods are very carefully packaged and leave our premises in perfect condition.
8. Signature and proof
Customer accepts electronic proof.
The customer himself bears the exclusive responsibility for the correctness of all details he or she provides.
The customer should follow the registration procedure in case of a first online order or reservation. Afterwards, the customer only needs to log on once again to place a new order or reservation.
The final order confirmation by the customer counts as acceptance of the order at the set price. The customer’s validation is considered as a signature and explicit acceptation of all transactions through the website.
9. Liability for website use
The seller's website aims to provide the customer with general information regarding the seller's products and activities. The seller’s obligation is to use his best efforts with regard to access, ordering process, delivery and other services.
The seller has the right to suspend or to stop the website at any time for maintenance reasons, for updating or for any other reason, even without giving advance notice.
The seller cannot be held liable for any delay or damage caused by the use of the internet, a system breakdown, the intrusion of outsiders or a virus, nor for possible information posted on the internet or treated by third parties, or for any other fact that can be considered force majeure.
10. Intellectual property
All parts of the seller's website, including the technology used to make and maintain it, are the exclusive property of the seller and are protected by copyright. Users who have their own website and wish to post an automatic link between their own website and the seller's home page, even for personal use only, should ask seller's explicit permission to do so.
11. Competence and applicable law
This agreement is subject to the provisions of Belgian law. In the event of any dispute, only the courts of the district Oostende/Brugge, and where appropriate the Court of Appeal of Gent, have exclusive jurisdiction.