TERMS AND CONDITIONS
Article 1 : TAKANA Identity
The website, accessible via the address www.TAKANA.be, hereinafter referred to as the “Website”, operated by TAKANA SPRL, with registered office at Vieille rue du Moulin 273, 1180 Brussels, Belgium, registered at the Crossroads Bank for Enterprises under number 0486 486 101, hereinafter referred to as “TAKANA”.
Telephone number: 0488/ 88 10 87
Email address: firstname.lastname@example.org
Article 2 : Scope and Enforceability of General Sales Terms
2.1. The present general sales terms govern the online sales made by TAKANA to the natural person or legal entity on the person or entity’s own behalf or on behalf of a third party, for either business or private purposes, hereafter the “Customer”. The present general sales terms are made known to all Customers to allow them to place orders and are accepted by him by the sole fact of placing the order.
2.2. The parties explicitly agree that the present general terms shall apply to their business relationship, subject to any waivers that they explicitly agree to in writing. Thus, in the absence of explicit acknowledgement, any counterprovision suggested by the Customer shall not be enforceable with respect to TAKANA, regardless of when the latter may have been made aware thereof.
2.3. TAKANA reserves the right to change its general terms without personally informing the Customer and without the latter having recourse to any compensation. Any change is immediately applicable and applies to every order after the change has been made public. It is therefore the Customer’s responsibility to periodically verify whether any changes have been made.
Article 3: Order Intake and Confirmation
2.1. Anyone age 18 and up may place an order. The Customer shall fill out the order form accurately and fill in the various fields (address, delivery address, payment method).
3.2. An agreement is reached and is final the moment a confirmation of the order is handed to the Customer or is sent per email to the email address of the Customer, and as soon as TAKANA has received the approval of the issuer of a credit or debit card for a payment transaction.
In the event that the issuer of the card refuses to agree to the payment, TAKANA cannot be held responsible for any delay in the delivery and/or non-delivery of the order placed by the Customer. Orders without a valid payment in the name of the registered card holder are not accepted or processed.
All the information in other documents like flyers, catalogues, etc. is only indicative and doesn’t constitute a binding sales offer. If the order could not be accepted, TAKANA commits itself to inform the Customer within five (5) business days following the order request.
3.3. Since the products offered by TAKANA on the Website are food items that may be perishable, the Customer shall not enjoy the usual right to cancel the order within 15 days.
Article 4: Prices
- All prices are in Euros and are inclusive of VAT.
- The Customer is obliged to pay the amount agreed during the last step of the ordering process and which has been set out in the order confirmation sent by TAKANA. Manifest errors in the calculation of the amount, such as obvious inaccuracies, may be corrected by TAKANA after the conclusion of the contract.
- Delivery costs and return costs are clearly communicated to the Customer. In respect of certain payment methods, supplementary terms and conditions may apply with regard to the delivery method and the possible costs. This will be clearly communicated to the Customer.
- Customs duties: all orders placed on the Website and delivered outside of Belgium may be subject to additional taxes and customs duties collected when the package arrives at its destination. These customs duties and additional taxes associated with the delivery of an item shall be covered exclusively by the Customer and are the latter’s responsibility. TAKANA is not obligated to verify or inform the Customer of applicable customs duties and taxes. TAKANA recommends that Customers contact the competent authorities in their respective countries to find out about such charges.
Article 5: Payment
5.1 The payment options we offer are mentioned on our Website. The amount will be charged in the currency in which you ordered.
5.2 If payment by way of a credit card is selected, this payment is subject to the terms and conditions of the relevant card issuer. TAKANA is not party to the relationship between the Customer and the card issuer.
5.3 In order to guarantee a secure payment and the security of the personal data of the Customer, the transaction data is sent encrypted using SSL technology by way of the internet. In order to pay with SSL you do not need any special software. You can recognize a secure SSL connection by the small lock icon in the lower status bar of your browser.
5.4. To be accepted and delivered, the order must be paid for in full.
Article 6: Order Processing and Delivery
6.1 All Chocolate Products are delivered to the address specified by the Customer at the time of placing the order. Orders will be dealt with and delivered as quickly as possible. Any delay will not give rise to compensation. Incorrectly completed delivery addresses are the responsibility of the Customer and may give rise to additional costs which will be charged to the Customer.
6.2 Products will only be delivered to countries for which the Website allows a delivery.
6.3 If a Chocolate Product ordered by a Customer is temporarily out of stock, TAKANA aims to inform the Customer per email of any delay within 3 to 5 working days. In the event the products cannot be delivered on time, TAKANA will inform the Customer. If TAKANA does not do this, the Customer may cancel the order without further charges. In that case TAKANA will refund the amount no later than 30 days as from the cancellation date.
6.4 Shipment always takes place at the risk of TAKANA. The Customer therefore does not need to worry about Chocolate Products being lost in the post. However, if any Chocolate Products are returned, the Customer will be responsible for the shipment.
6.5 TAKANA is not liable for failed deliveries when:
- the Customer provides an incorrect or obsolete address;
- there is nobody present at the address specified by the Customer;
6.6 TAKANA does not control the temperature of transport. It is therefore impossible for TAKANA to assume responsibility for the deterioration of products damaged by heat during transport. We therefore do not recommend deliveries during the summer months when the temperature is above 23 ° C.
6.7 The total liability of TAKANA when it fails to fulfil its obligations will in no case be higher than the purchase price of the Chocolate Product(s) concerned.
Article 7 : Limitation of liability
7.1 The Website is offered without express or implied warranties as to its correct operation. TAKANA is not liable for any damage arising out of the correct or incorrect use of the Website, nor for damage caused as a result of incorrect, incomplete, ambiguous or dated content or mistakes on the Website.
- In any case, the liability of TAKANA for any damage is always limited to the amount of the last order.
- TAKANA is not responsible for interruptions to the availability or access to the Website, for disruptions arising from the computer system, or for viruses or other nuisances that may arise from using the Website
Article 8 : Compliance and warranty
8.1 TAKANA guarantees that its products comply with the order and with the normal expectations the Customer may have, taking into account the specifications of the Chocolate Product.
8.2 The products sold by TAKANA are fresh foods. TAKANA is doing its utmost to ensure that a correct and safe delivery will take place, taking into account the freshness of its Chocolate Products, but cannot provide an absolute guarantee as to the quality of the transport.
Article 9 : Force majeure
9.1 In the case of force majeure, TAKANA is not bound to fulfil its obligations. In such a case it may either suspend its obligations for the duration of the force majeure or dissolve the contract.
9.2 Force majeure is any circumstance beyond the will and control of TAKANA which fully or partly prevents the fulfilment of its obligations. This is for example, but not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, malfunction, power failures, faults in a (telecommunication) network or connection or used communication systems and/or the unavailability of the website, late or non-delivery by suppliers or other third parties, etc.
Article 10: Complaints procedure
10.1. TAKANA is doing everything possible to ensure its customers are 100% satisfied. In the event the Customer still has a complaint about its services and/or products the Customer can contact TAKANA per email at email@example.com. An attempt is being made to deal with complaints within 7 working days.
10.2 Upon receipt of the products, the Customer must ensure that the delivery matches the corresponding order. Any possible apparent defect or shortcoming must immediately be notified by email to firstname.lastname@example.org within forty-eight (48) hours after receiving the order.
10.3. Any apparent or hidden defect must be made in writing within forty-eight (48) hours after receiving the order or if not apparent at the moment of the delivery, within forty-eight (48) hours after detecting it but 15 days after the delivery at the latest, by email to email@example.com.
10.4. Such claim must be justified and accompanied by proof of the damage (transport letter, photo of package received, etc.). TAKANA will only make up for correct claims by reimbursing the sales price or by delivering a new or similar product.
Article 11 : Ownership and Risk
TAKANA retains complete ownership over products sold until the Customer pays the purchase price in full. TAKANA reserves the right to demand that unpaid goods be returned. The Customer assumes all risk once the delivery is complete.
Article 12: Intellectual property
- The Customer explicitly acknowledges that all intellectual property rights on any information, announcements or other messages relating to the products and/or the Website are vested in TAKANA, its suppliers or other rightful claimants.
- Intellectual property rights include patents, copyright, trademarks, designs and model rights and/or other (intellectual property) rights, including (patentable) technical and/or commercial know-how, methods and concepts.
- The Customer is forbidden to use and/or change the intellectual property rights described in this Article, such as by way of reproduction, without the express written permission of TAKANA, its suppliers or other rightful claimants, unless it concerns purely private use of the Chocolate Product itself.
Article 13: Applicable Law
- All offers and contracts are governed exclusively by Belgian law.
- Any dispute related to or arising from offers from or contracts concluded with TAKANA will be submitted to the competent courts and tribunals of Brussels, unless a binding legal provision expressly designates another court as being competent.
- All the parties shall accept electronic evidence regarding their relationship (such as email messages, backups, etc.).
For any additional information or comments with regard to these General Terms and Conditions you can contact TAKANA at the following address: TAKANA SPRL, Vieille rue du Moulin 273, 1180 Brussels or by email: firstname.lastname@example.org.
These General Terms were published in February 2019.