Terms and conditions

BVBA DUVA CERISETTES & CHOCOLATES has its registered office at 9800 Deinze, Prijkelhoek 56 and is registered in the Crossroads Bank for Enterprises with enterprise number 0812.214.751.
Unless otherwise stipulated in writing, the relations between BVBA Duva Cerisettes & Chocolates and its customers are governed by these general terms and conditions which are deemed to have been accepted by the customer, even if they conflict with the customer's own general or special terms and conditions. If one of the present conditions should be declared null and void or inapplicable, the other conditions shall nevertheless remain in full force and apply to the extent permitted by law.
The information on the products and pricing, as well as detailed ordering information can be found on the quotation, which has a specific period of validity. This quotation is always drawn up and communicated subject to change and correction. 
All prices are net, excluding VAT, and are quoted in euros. All costs associated with payment shall be borne by the buyer as well as all taxes.
The obligation to deliver is fulfilled when the goods are made available to the buyer at our registered office. Transport is always at the expense and risk of the purchaser, even if BVBA Duva Cerisettes & Chocolates provides assistance. All costs associated with this transport are also borne by the buyer. 
If the goods are delivered in grey plastic containers, these containers must be returned cleaned within one month after collection. Failing this, compensation of 5.00 euros per bin shall be due.
Terms of payment
Our invoices are payable in cash at our head office, unless otherwise agreed in writing between the parties. 
Invoices are deemed accepted by the debtor unless they are protested by registered letter within eight days of the invoice date. The acceptance of cheques, bills of exchange or commercial securities does not imply novation. 
In case of non-payment of invoices on the due date, interest on arrears of 10% per annum will be payable by operation of law and without notice of default. In the event of late payment, damages shall be payable at the rate of 12% per annum with a minimum of EUR 100.00 by way of a penalty clause, without prejudice to the aforementioned interest on arrears. 
If the purchaser does not collect the goods from Duva Cerisettes & Chocolates BVBA, the aforementioned conditions will also apply. 
All collection and protest costs as well as recovery costs, even of accepted bills of exchange, are at the expense of the buyers, in addition to the aforementioned damages. 
Any delay in payment gives BVBA Duva Cerisettes & Chocolates the right to
destroy all existing and non-executed orders without compensation to the buyer. 
Breach of contract
If the purchaser fails to collect or take delivery of goods ordered or if an order is cancelled by the purchaser, BVBA Duva Cerisettes & Chocolates has the choice either to continue the execution of the contract or to determine and accept the breach of contract by the purchaser or to continue the dissolution of the contract. In the event that BVBA Duva Cerisettes & Chocolates accepts the cancellation of the contract by the purchaser, as well as in the event of dissolution of the contract, the purchaser owes, by way of fixed damages, an amount equal to 30% of the determined selling price of the ordered goods. The fixed sales price of the ordered goods shall be due in full in the case of goods manufactured specifically for a particular buyer (e.g. customer-specific packaging, etc.). 
The purchaser declares to have seen and checked the goods sold on collection/delivery and to have found them to be free of all visible defects. Duva Cerisettes & Chocolates BVBA guarantees that the products it delivers meet the requirements of usability and durability as agreed by the parties. Duva Cerisettes & Chocolates guarantees the goods for invisible defects and/or deterioration during the period indicated on the products. This period runs from delivery and only insofar as the purchaser proves that these goods were stored under normal storage conditions, taking account of light, humidity, temperature, hygiene, ventilation, etc.
If Duva Cerisettes & Chocolates BVBA finds the buyer's complaints justified, it will replace the delivered goods free of charge. In no case can it be held to any compensation. In any case, the liability of BVBA Duva Cerisettes & Chocolates is limited to the maximum amount covered in the case in question by its own liability insurance. Any liability of BVBA Duva Cerisettes & Chocolates for any other form of damage (e.g. consequential damage, damage due to loss of profit,...) is excluded.
Any complaint concerning the goods and/or invoicing must, on penalty of cancellation, be made by registered letter to BVBA Duva Cerisettes & Chocolates within 8 days of collection or delivery or invoice date. 
Transfer of ownership
Notwithstanding article 1583 of the Civil Code, BVBA Duva Cerisettes & Chocolates remains the owner of the goods sold until the day of full payment of the price and any late payment interest and/or compensation. 
Applicable law/jurisdiction
The disputes concerning the conclusion, the validity, the interpretation or the execution 
of the agreement or of the present general terms and conditions, are governed exclusively by Belgian law and fall within the jurisdiction of the courts of Ghent.
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