General terms and conditions

ARTICLE 1: IDENTITY OF IN CHOC

The website, accessible via the address www.inchoc.be, hereinafter referred to as "Website", operated by IN CHOC BV, located at Nassaustraat 15, 2000 Antwerp. Registered with the CBE under the number 0784.371.494.

e-mail address: hello@inchoc.be
Bank account number: BE69 0689 4468 8178

Buyer: any natural person who acquires or uses, exclusively for non-professional purposes, products or services marketed by IN CHOC.

Distance contract: any contract between IN CHOC and the Buyer regarding Chocolate products or services concluded under a distance sales or service-provision system organised by the supplier where, for this contract, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract itself.

Chocolate Products: any Chocolate Product offered for sale by IN CHOC on the Website.

Website: the IN CHOC website, accessible at www.inchoc.be

Remote communication technique: any means which, without simultaneous physical presence of IN CHOC and the Buyer, can be used for the conclusion of the agreement between these parties.

Unless otherwise expressly agreed in writing beforehand, these General Terms and Conditions shall apply to any offer made by IN CHOC and to any remote Agreement concluded between IN CHOC and the Buyer.

These General Terms and Conditions apply to any offer made by IN CHOC as a merchant to the Buyer, any natural person who acquires or uses, exclusively for non-professional purposes, products and/or services placed on the market.

To place an order, you must be at least 18 years old. If you are not 18, we ask you to have the order placed by your parents or legal guardian. If we find that the order has been placed by a minor, we reserve the right to refuse such order.

If a distance contract is concluded electronically, a copy of the General Terms and Conditions is delivered to the Buyer together with the order confirmation, or at the latest at the time of delivery, and this in a format that the Buyer can save or print. In the event that, in addition to these General Terms and Conditions, specific Chocolate Product or Service Terms and Conditions also apply, and there are differences between the Additional Terms and Conditions and the General Terms and Conditions, then, in principle, the provisions of the Additional Terms and Conditions take precedence over the General Terms and Conditions, unless otherwise specified. Deviation from one or more provisions in these General Terms and Conditions is only possible if expressly agreed in writing. In that case, the other provisions of these conditions will remain in full force.

General Terms and Conditions used by the Buyer shall not apply unless expressly agreed to by IN CHOC.

IN CHOC reserves the right to amend and/or supplement the General Terms and Conditions at any time for future orders. By using IN CHOC's Websites and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website. If one or more provisions of these General Terms and Conditions should at any time be wholly or partially unlawful, void or for any other reason unenforceable, that condition shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between the Buyer and IN CHOC, with respect to the subject matter contained herein.

Offers are valid as long as they are listed on the Website and as long as stocks last. If the offer is subject to certain conditions, this will be explicitly stated in the offer.

IN CHOC always describes as fully and accurately as possible what they sell and how the ordering process will go. In any case, the description is sufficiently detailed to allow you to make a proper assessment. In the event that IN CHOC uses images for the Chocolate products and/or services on offer, these are displayed as accurately and truthfully as possible. However, to err is human and if IN CHOC is obviously mistaken, it is not obliged to still deliver.

Images have no contractual value. A contract comes into effect and is final at the moment when an order confirmation is handed over to the Buyer, or sent by e-mail to the e-mail address provided by the Buyer, and once IN CHOC has received approval from the card issuer for the credit or debit card payment transaction. In the event that the card issuer refuses to agree to the payment, IN CHOC cannot be held responsible for delays in delivery and/or non-delivery of the order made by the Buyer.

Orders without valid payment in the name of the registered cardholder will not be accepted or processed. The consumer who purchases Chocolate Products from IN CHOC is the end consumer. The Chocolate Products may not be resold in any way.

To purchase a Chocolate Product online, the Chocolate Product needs to be added to the shopping basket, after which the contact and invoicing details of the Buyer need to be entered. After this, the Buyer can choose the delivery method and the address: home address, specific delivery address, pick-up point (access point), etc. The final step takes the Buyer to a summary page, where the General Terms and Conditions are accepted and payment is confirmed by pressing the order button with the caption "order with payment obligation" or a corresponding wording. Once these steps have been completed, the purchase is final.

All prices are expressed in euro and include VAT or any other tax imposed by the authorities.
The price will be invoiced in the currency in which the Buyer placed its order.

The Buyer shall owe the price agreed during the final step of the ordering process and communicated by IN CHOC in its order confirmation. Obvious errors in the quotation, such as obvious inaccuracies, can be corrected by IN CHOC even after the conclusion of the Agreement.
Delivery and return costs shall be clearly communicated to the Buyer. With regard to certain payment methods, further conditions apply regarding the delivery method and any costs. This will be clearly communicated to the Buyer.

Orders via the Website can be paid in the following ways: Credit card, Bancontact, Google Pay, Apple Pay. IN CHOC may expand the payment options in the future. Expansion of payment options will also be announced via the Website.
If a credit card payment method is chosen, it is subject to the terms and conditions of the relevant card issuer. IN CHOC is not a party in the relationship between the Buyer and the card issuer.
To ensure safe payment and the security of the Buyer's personal data, the transaction data is sent over the Internet encrypted with SSL technology. You do not need any special software to pay with SSL. You will recognise a secure SSL connection by the "lock" in the lower status bar of your browser.

All Chocolate Products will be delivered to the address provided by the Buyer at the time of ordering.
Orders are processed and delivered as soon as possible. IN CHOC aims to deliver the order within the time communicated in the individual order confirmation. Any delay will under no circumstances give rise to compensation. Erroneously communicated delivery addresses are the responsibility of the User and may give rise to additional costs that will be recovered from the User.

Products are delivered only in the countries for which the website allows delivery.
Shipments are always made at the risk of IN CHOC. Consequently, the Buyer should not worry about Chocolate Products being lost in the post. However, if Chocolate Products are returned, the Buyer is responsible for their transport.
Once the Chocolate Products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to the Buyer.
From the moment of receipt by the consumer, store the chocolate at a temperature between 15 and 18C and protected from direct sunlight and moisture. We do not recommend storing chocolate in the fridge or freezing it.

The Buyer or any other person must be present at the specified address at the time of delivery of the Chocolate Product to take delivery of it. If this is not the case, a second appointment will be made with the Buyer for the delivery of the Chocolate Product.
IN CHOC is not liable for failed deliveries when: the Buyer provides an incorrect or outdated address; no one is present at the address provided by the Buyer; the Buyer does not provide a correct/new address immediately (within 24 hours).
IN CHOC's total liability for defaulting on its obligations will in no case exceed the purchase price of the Chocolate Product(s) in question. Due to the nature of the Chocolate Product, PO Box addresses are not accepted.

According to the Book VI of the Economic Law Code, there is no right of withdrawal for food products, perishable goods and Chocolate products manufactured according to the Buyer's specifications. Any purchase is therefore final and will not be taken back by IN CHOC.

Ownership of a Chocolate Product, notwithstanding the actual delivery, is not transferred to the Buyer until the Buyer has made the payment due for this Chocolate Product in full, including payment of interest and costs. The Buyer may not encumber, sell, resell, dispose of or otherwise encumber the products before ownership has passed.

The Website is offered to you without any explicit or implicit guarantees as to its correct functioning. IN CHOC is not liable for any damage resulting from the use of the Website, regardless of whether it appeared correct or incorrect, nor for damage caused as a result of incorrect, incomplete, ambiguous or dated content or language errors on the Website.

In any case, IN CHOC's liability for any damage will always be limited to the amount of the last order.
IN CHOC makes every effort to provide a 24/7 access to the Website. However, given the technical characteristics of the Internet and computing resources, and the need to carry out periodic maintenance, update or upgrade work, IN CHOC cannot guarantee uninterrupted access and service to the Website. In the event of normally acceptable interruptions or failures of access, IN CHOC will make every effort to find a solution to the problem as soon as possible.

Such normally acceptable interruptions or failures are peculiar to Internet sales. They cannot be considered failures and will not give rise to compensation. The websites to which IN CHOC may link are not managed, hosted or maintained by IN CHOC. IN CHOC is therefore not liable for the content of such websites, nor for the links appearing on them or changes and updates made from such websites.

IN CHOC guarantees that the products conform to the order made and meet the normal expectations of the Buyer taking into account the specifications of the Chocolate product. IN CHOC further guarantees that its Chocolate Products comply with all laws existing at the time of the order.

The products sold by IN CHOC are fresh food products. IN CHOC does its utmost to ensure that correct and safe delivery will take place, taking into account the freshness of its Chocolate products, but cannot give an absolute guarantee on the quality of transport.

Moreover, the consumer is obliged to immediately place the Chocolate products received in the refrigerator in order to guarantee the quality of the Chocolate products. IN CHOC delivers the Chocolate products by refrigerated dispatch to guarantee the quality of its Chocolate products as far as possible. In the exceptional case that the quality of the delivery is affected, the Buyer must provide proof of this immediately at the time of delivery. The Buyer is always obliged to carefully inspect the Chocolate Products (or have them inspected) immediately after receipt.

Complaints by the Buyer relating to defects in the Chocolate Product or the delivery, which are externally perceptible (e.g. if the products are no longer fresh, or have been damaged during transport), must therefore be notified IMMEDIATELY by the Buyer to IN CHOC by telephone or e-mail at the latest within 4 hours of receipt. Defects caused by the consumer's failure to place the goods in the refrigerator on time cannot be recovered from IN CHOC.

In the event of force majeure, IN CHOC is not obliged to fulfil its obligations. In this case, it may either suspend its obligations for the duration of the force majeure or terminate the agreement definitively.

Force majeure is any circumstance beyond the will and control of IN CHOC that prevents the performance of its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, operational failures, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time, non-delivery or late delivery by suppliers or other third parties engaged,...

The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or the Website belong to IN CHOC, its suppliers or other claimants.

Intellectual property rights mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
The Buyer is prohibited from using and/or modifying the intellectual property rights described in this article, such as reproduction without the express prior written consent of IN CHOC, its suppliers or other right holders, unless it is purely for private use of the Chocolate Product itself.

IN CHOC makes every effort to satisfy its customers 100%. If the Buyer should nevertheless have complaints about its services and/or products, it can contact IN CHOC by e-mail at hello@inchoc.be. IN CHOC has a sufficiently publicised complaints procedure and will handle the complaint in accordance with this complaints procedure.

For every complaint, efforts are made to address it within 7 working days.
In case of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the FPS Economy is authorised to receive any application for out-of-court settlement of consumer disputes. It will in turn either handle the request itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: http://www.consumentenombudsdienst.be//nl.Bij disputes of a cross-border nature can also appeal to the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr.

All offers and agreements are governed exclusively by Belgian law.
All disputes related to or arising from offers made by IN CHOC or agreements concluded with it shall be submitted to the competent courts and tribunals of Brussels, unless a mandatory provision of law expressly designates another court as competent.

For any additional information or comments relating to these General Terms and Conditions, please contact IN CHOC at the following address: IN CHOC BV located at Nassaustraat 15, 2000 Antwerp, by e-mail: hello@inchoc.be

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