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Terms and conditions


Article 1 – APPLICABILITY

Except for deviations explicitly agreed upon in writing between B.V. D’INTERNE KEUKEN, with its registered office at 3080 Tervuren, Kolvenrodestraat 86/K, and registered in the Crossroads Bank for Enterprises under number BE 0631.977.071 (hereinafter referred to as CANAPÉ) and the Customer, these general terms and conditions apply to all brochures, price lists, advertisements, offers, quotations, as well as to all agreements concluded with the Customer and all (legal) acts performed in the execution thereof. These conditions apply with absolute exclusion of any conditions mentioned on order forms, invoices, or other documents issued by the Customer.

Article 2 – OFFER AND ORDER

  1. Orders are accepted in writing, via email, or by post but are binding only if accepted by CANAPÉ through a written (email or ticket) order confirmation. The absence of such a written order confirmation does not entitle the Customer to any compensation. The Customer has 8 calendar days to inform CANAPÉ in writing of any discrepancies in the order confirmation. After this period, the order confirmation is applicable to the agreement. Quotations are valid and binding only if explicitly confirmed by the Customer via email or in writing. They are also subject to additional works and/or adjustments in the order or work order requested by the Customer, which may result in a price adjustment.
  2. Prices communicated by CANAPÉ in quotations are always non-binding and indicative unless expressly stated to be final. The final prices stated in quotations are valid for a period of 15 days.
  3. Prices determined by CANAPÉ in quotations and agreements are subject to change if these changes result from circumstances and elements beyond the control of the parties.

Article 3 – DELIVERY

  1. Delivery for orders of aperobags and apero packages, among others, is at the risk of the Customer, regardless of the mode of transport (by CANAPÉ itself or by an external party). CANAPÉ is not liable for late delivery due to third parties.
  2. Before proceeding with delivery, CANAPÉ must have the delivery address at least 3 days before delivery. Last-minute changes (within 24 hours before delivery) incur an additional cost, which will be charged to the Customer. Goods that cannot be delivered due to the absence of the Customer must be fully paid.
  3. CANAPÉ is entitled to suspend the performance of its services and obligations if the Customer fails to fulfill his/her commitments and obligations.
  4. The Customer must notify CANAPÉ in writing within 7 calendar days for dry products and 1 calendar day for fresh products after receipt of any complaints regarding the delivered material. The complaint must be motivated and sent by registered mail or email, with reference to the number of the quotation or invoice. Once this period has elapsed, the material will be deemed accepted by the Customer, and no complaints will be considered. Timely filing of a complaint does not exempt the Customer from payment obligations.
  5. Complaints regarding damage to shipped material must be submitted in writing within 3 working days by registered mail or email to the company responsible for delivery and also to CANAPÉ for information purposes.
  6. No return of material will be accepted unless there is prior written agreement from CANAPÉ, and the material is returned in good condition and in its original packaging. The Customer bears the return costs.

Article 4 – PRICES

  1. CANAPÉ is entitled to request advances from the Customer or demand security. Upon confirmation via email of a purchase order or a quotation, a deposit of 30% of the price for which an invoice will be issued is due from the Customer. CANAPÉ also has the right to suspend delivery, orders, and/or service until payment of the deposit. For aperobags, the following applies: these orders are only final after full payment of the invoice. Full payment of the invoice serves as confirmation. As long as the invoice is not fully paid, CANAPÉ has the right to suspend delivery until full payment of the invoice.
  2. CANAPÉ’s invoices are always payable at the registered office or by bank transfer to the account number mentioned on the invoice. Unless otherwise agreed in writing, payment is due within 8 calendar days from the invoice date.
  3. In case of non-payment or exceeding the aforementioned payment term, the invoices will be increased, by operation of law and without prior notice of default, with an interest of 1% per month from the due date and a fixed compensation of 10% of the principal amount, with a minimum of €75.00.
  4. In the event of late payment of an invoice, all invoices from CANAPÉ become immediately due and payable by operation of law.
  5. All billing information must be provided at the time of ordering. If we do not have all billing information at the time of invoicing and a new invoice needs to be issued, the initial due date remains valid, and an additional administration fee of €35.00 will be charged.
  6. The Customer must submit any complaints regarding billing within 8 calendar days after receipt, in writing, by registered mail, fax, and/or email, with reference to the number of the shipping note or invoice. Once this period has elapsed, the invoice will be deemed accepted by the Customer, and no complaints will be considered. Timely filing of a complaint does not exempt the Customer from payment obligations.

Article 5 – CANCELLATION AND MODIFICATION OF EVENTS OR RESTAURANT VISITS

  1. CANAPÉ can be called upon for events at the Customer’s location or at CANAPÉ’s location. In case of cancellation of the event 1 week before the event, 50% of the quotation is due. In case of cancellation less than 24 hours before the event, the full amount of the quotation is due.
  2. The location in Tervuren can be privately rented by companies and individuals. The Customer must communicate the number of guests in advance so that CANAPÉ can prepare accordingly. If the number of guests is ultimately 15% less than the initially specified number, all costs will be charged.
  3. CANAPÉ is initially responsible only for renting its location in Tervuren and arranging food and drinks. As soon as more is expected, an additional 20% of the invoice amount for project management will be charged.

Article 6 – LIABILITY

  1. CANAPÉ undertakes a best-effort obligation in all cases unless expressly agreed otherwise. CANAPÉ will never be liable to the Customer and/or third parties for loss or damage to the order, indirect, consequential, or incidental damage for any reason whatsoever, whether or not CANAPÉ was informed of the possibility of such losses or damages. CANAPÉ is also not liable for damage due to any cause that occurs at the Customer’s external location.
  2. CANAPÉ can only be held responsible for direct damage resulting from serious or intentional errors by CANAPÉ and its employees. CANAPÉ can also only be held responsible for the non-performance of the essential obligations that are the subject of the agreement. The total and cumulative liability of CANAPÉ and its employees and/or appointees for all direct and demonstrable damages is always limited to the maximum invoice amount of the relevant delivery. The parties acknowledge that this provision has been part of the negotiations regarding the price and other clauses. CANAPÉ also accepts that it can be held responsible in certain specific cases. The parties expressly acknowledge that, for these reasons, this clause does not constitute an unfair term within the meaning of art. VI.91/5, 6° of the Economic Law Code.
  3. The Customer indemnifies CANAPÉ against all claims from third parties in this regard.

Article 7 – FORCE MAJEURE

  1. CANAPÉ is not liable for the non-compliance with its obligations (including delivery) caused by circumstances beyond its control that make the performance of its obligations under the agreement impossible or can only be performed with unreasonable efforts or costs and could not reasonably be foreseen at the conclusion of the agreement. Force majeure includes, among other things: strikes, problems with suppliers/transport/production, breakdowns, fluctuations in exchange rates, government or regulatory action, fire, shortage of labor, destruction of machines, natural disasters, etc. This enumeration is not exhaustive.
  2. In the event of force majeure, the agreement is wholly or partially suspended for the duration of this force majeure, without the parties being obliged to compensate each other for any damage or loss suffered as a result. If the force majeure situation lasts for two months, CANAPÉ has the right to terminate the agreement without the right to compensation.

Article 8 – TERMINATION OF THE AGREEMENT

  1. If the agreement is terminated or canceled by the Customer, the Customer remains obliged to pay in full for the goods already purchased. In addition, CANAPÉ is entitled to compensation equivalent to 50% of the balance of the price specified in the agreement or quotation, with a minimum of €500.00, regardless of its right to higher compensation if proof of actual higher damage is provided. Any already paid deposit may serve as such, if applicable, partial compensation. Conversely, the Customer may claim dissolution with an equivalent compensation if the agreement is terminated against CANAPÉ.
  2. In the event of a contractual breach by the Customer and without prejudice to the preceding paragraph, CANAPÉ reserves the right to unilaterally terminate this or other ongoing agreements and/or services running between the same contracting parties, even if the other services are not related to the agreement or services in connection with which the Customer commits a breach and even if the term of those agreements or services has not yet expired. CANAPÉ may terminate these or other agreements and/or services by simple written declaration, without this being interpreted as a contractual breach on its part. Such unilateral termination cannot in any way lead to the dissolution of any agreement against CANAPÉ.
  3. If, after proper notice, the Customer defaults or applies for a deferment of payment or judicial reorganization, or his bankruptcy is applied for, CANAPÉ is entitled to cancel all agreements from which obligations not yet fulfilled by CANAPÉ towards him arise or under which he still has goods supplied by CANAPÉ in his possession, without judicial intervention, and hold the defaulting Customer liable for the resulting damage.
  4. CANAPÉ is not obligated to indemnify for hidden defects that it did not know at the beginning, during, and after the order. Visible defects that the Customer knew or could have known at the time of delivery are considered accepted solely by the fact of delivery. In no case can the Customer demand the dissolution of the agreement if the defect invoked is of minor significance. CANAPÉ provides no warranty for the goods sold by it other than for hidden defects that CANAPÉ may have known at the time of the agreement and of which the Customer must prove both the defect, its nature, and the knowledge of CANAPÉ.

Article 9 – PRIVACY POLICY

  1. Customer data is stored and/or transferred in strict compliance with applicable data protection laws. CANAPÉ’s privacy policy entails that all data related to orders and the delivered material will not be disclosed to other organizations for marketing purposes unless the Customer has expressly and priorly consented.
  2. The Customer always provides timely, if requested by CANAPÉ, all relevant information to CANAPÉ. The Customer expressly gives CANAPÉ permission to process this information, and, if applicable, personal data (in accordance with Article 4(1) of the General Data Protection Regulation), as well as special categories of personal data (in accordance with Article 9.1 of the General Data Protection Regulation) that would be included herein, for one or more specific purposes as described in the object of the service provision and the task of CANAPÉ under this agreement.
  3. The Customer has the right to submit a request for access, correction, deletion, data portability of his personal data, or a request for withdrawal of his consent or objection to the processing of his personal data to CANAPÉ (in accordance with Article 12 et seq. of the General Data Protection Regulation).
  4. CANAPÉ undertakes to provide the Customer with a reasoned response to his request within one month. Depending on the complexity of the request and the number of requests, this period may be extended by another two months if necessary. This response must indicate in a reasoned manner why CANAPÉ (does not) comply with the Customer’s request(s).
  5. CANAPÉ reserves the right to charge a reasonable fee in light of the administrative costs associated with fulfilling the request(s).
  6. If the Customer believes that CANAPÉ has acted unlawfully regarding the processing of personal data, or has not or insufficiently complied with the request(s) addressed to CANAPÉ, the Customer may file a complaint with the national data protection authority. This can be done through the following contact details: Data Protection Authority, Drukpersstraat 35, 1000 BRUSSELS, +32 (0) 22744800, +32 (0) 22744835, contact@apd-gba.be

Article 10 – APPLICABLE LAW

  1. All agreements with CANAPÉ are governed by Belgian law.
  2. For all disputes, only the courts of the judicial district of the registered office of CANAPÉ are competent.

Article 11 – OTHER PROVISIONS

If one or more clauses or part of a clause were to be null and void or an explicit deviation is allowed, this does not affect the validity and applicability of the other provisions.