ARTICLE 1 – GENERAL
1.1 . BOUILLON HERKULES with company number BE 0891.862.738 and registered office at 9041 Oostakker, Goedlevenstraat 111 (info@bouillonherkules.com or +32 (0)472 59 84 55), is a specialized webshop for bouillon
1.2. The general terms and conditions of BOUILLON HERKULES apply to all orders placed via the webshop of BOUILLON HERKULES via the website www.bouillonherkules.be. The general terms and conditions form an integral part of the purchase agreement and determine the legal relationship between the parties. Unless expressly agreed otherwise in writing in the special terms and conditions stated on the website, this cannot be deviated from. In the event of special terms and conditions, the latter take precedence over the general terms and conditions, which remain applicable for that which is not covered by the special terms and conditions.
1.3. The general terms and conditions of BOUILLON HERKULES apply to the exclusion of the general terms and conditions of the customer insofar as the latter conflict with the provisions of these general terms and conditions. By placing an order via the webshop, the customer declares to have taken note of the general terms and conditions of BOUILLON HERKULES, including the privacy policy and cookie policy, and to accept them in full.
1.4. The general terms and conditions, the privacy policy and the cookie policy of BOUILLON HERKULES can always be consulted online at www.bouillonherkules.be.
1.5. BOUILLON HERKULES reserves the right to change the general terms and conditions at any time. Any changes will apply to every new order via the webshop. For current orders at the time of the change, the general terms and conditions as they existed at the time of the creation of this order will continue to apply.
ARTICLE 2 – OFFERS AND ORDERS
2.1. The offer in the webshop is valid as long as stocks last and can be changed by BOUILLON HERKULES. If the desired product is no longer available in the assortment in the webshop, the customer can always contact BOUILLON HERKULES ((info@bouillonherkules.com or +32 (0)472 59 84 55) for more information. In case of (temporary) depletion of stock, BOUILLON HERKULES reserves the right not to accept an order.
2.2. Price quotations are always made subject to all reservations. In the case of temporary offers to which a limited period of validity or special conditions are linked, BOUILLON HERKULES will expressly mention this in the webshop.
2.3. BOUILLON HERKULES ensures an accurate product description. The description and images are displayed as truthfully as possible. The product description always includes a mention of substances present that can cause an allergy and/or intolerance. In the event of a serious deviation between the goods and the description and/or representation, BOUILLON HERKULES will report this to the customer without delay and BOUILLON HERKULES reserves the right to cancel the delivery subject to reimbursement of the amount already paid. BOUILLON HERKULES is only bound by a means obligation with regard to the correctness and/or completeness of the information provided on the website and in the webshop and is not liable for material errors such as typing errors.
2.4. Orders placed by the customer are only final after receipt of an order confirmation by BOUILLON HERKULES. Changes to a placed order are only possible after contact and written confirmation by BOUILLON HERKULES
2.5. BOUILLON HERKULES currently only distributes or delivers its products in the following countries: Belgium, the Netherlands, France, Luxembourg, Germany. If a different delivery address is specified during the ordering process, BOUILLON HERKULES reserves the right to cancel the order or refuse delivery.
2.6. Payment is made in advance in accordance with article 4. Orders are only prepared once BOUILLON HERKULES has received approval of the payment transaction from the payment processor. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
2.7. Cancellation of the order is only possible if the order has not yet been processed by BOUILLON HERKULES.
ARTICLE 3 – REPRESENTATION
3.1. By placing an order in the BOUILLON HERKULES webshop, the customer is definitively committed. Any person or company that places an order on behalf of third parties or with the request to invoice them to third parties, guarantees these third parties in accordance with article 1120 BW and will be personally liable for payment.
ARTICLE 4 – PRICES AND PAYMENTS
4.1. The prices and purchasing conditions used by BOUILLON HERKULES are those as posted in the webshop at the time of ordering. The accompanying photos are for illustrative purposes only and may contain elements that are not included in the price.
4.2. The prices stated in the webshop are shown in euros (€) and are always inclusive of VAT (6%) and exclusive of other costs (including handling and shipping costs), unless explicitly agreed otherwise.
4.3. From the moment an order is placed and confirmed by BOUILLON HERKULES, the customer is obliged to pay.
4.4. Orders are payable in cash, with all payments to be made at the registered office of BOUILLON HERKULES.
4.5. Orders in the webshop must be paid in full when completing the ordering process. This payment can be made in one of the ways as indicated during the ordering process. BOUILLON HERKULES accepts the following payment methods: Bancontact Mister Cash, Maestro, Mastercard, Visa, iDEAL, KBC/CBC Payment Button, Belfius Direct Net, ING Home'Pay and Bank transfer.
4.6. Comments regarding the invoice must be made known to BOUILLON HERKULES by registered mail within 14 working days of the invoice date.
ARTICLE 5 – DELIVERIES
5.1. Shipping of products is mainly done unless otherwise stated in the ordering process. The products can, with exception, depending on the customer's choice, be delivered by an external courier service (Bpost, DHL or DPD) to the address specified during the ordering process. Only one address can be specified per order. The shipping costs are always posted in the webshop.
5.2. Shipments and deliveries are only carried out within Belgium, the Netherlands, France, Luxembourg and Germany, unless otherwise agreed.
5.3. Delivery period: a. Delivery: Orders are usually delivered within seven working days. This delivery period is always indicative and depends on the specific circumstances (e.g. size of the order, planning of the external courier service). Exceeding the specified delivery period does not give rise to compensation or the right to cancel the order. b. Collection: For orders that can be collected, the customer can indicate his/her preference for collection, taking into account the collection time of BOUILLON HERKULES (Wednesday evening between 6 p.m. and 8 p.m.).
5.4. For deliveries sent by post, the customer can track the delivery status at any time by means of track and trace, insofar as this is offered by the external courier service that BOUILLON HERKULES uses for the order in question.
5.5. Once the order leaves the studio, BOUILLON HERKULES is not responsible for any loss or damage during transport, nor for any delays in deliveries by the external courier service. BOUILLON HERKULES does not guarantee that it can meet specific delivery requirements from the customer. These are always at the customer's own risk.
5.6. BOUILLON HERKULES is not liable for any reduction in quality and/or freshness of its products resulting from temperature fluctuations or other influences when the customer does not collect the products on time (in the store or at the postal collection point). Orders that are not collected within ten days will be destroyed or returned without any right for the customer to a refund of the payment.
ARTICLE 6 – CONSUMER RIGHT OF WITHDRAWAL
6.1. The customer has a statutory reflection period of 14 calendar days from the day after receipt or delivery to cancel the order without giving any reason.
6.2. In case of revocation, the return costs are borne by the customer. In such case, the customer freely determines the manner in which the goods are returned (e.g. Bpost, UPS, DHL or delivery to our address by appointment Goedlevenstraat 111, 9041 Oostakker) and is solely responsible for the transport and any loss or damage.
6.3. The above-mentioned right of withdrawal does not apply to orders containing perishable goods (food) with a limited shelf life, sealed goods or to orders placed by the customer in a professional capacity and/or for professional purposes.
6.4. Returned goods must be in perfect condition and will only be accepted if they are returned unused in the original packaging accompanied by proof of purchase. In case of use, damage or absence of proof of purchase and packaging, the right of withdrawal will lapse.
6.5. BOUILLON HERKULES will refund the purchase price of the returned goods within 14 calendar days of receipt of the return shipment. The refund period falls under the authority of the bank and is independent of the will of BOUILLON HERKULES
ARTICLE 7 – LIABILITY
7.1. The customer undertakes to thoroughly check his/her order upon receipt. Visible defects, qualitative or other shortcomings in the products or the service must be reported to BOUILLON HERKULES in writing (info@bouillonherkules.be) without delay and at the latest within 24 hours of receipt, under penalty of forfeiture of any right to reimbursement.
7.2. BOUILLON HERKULES always provides the necessary warning when its products contain ingredients that can cause an allergic reaction or intolerance. In the event of a known allergy, the customer must contact BOUILLON HERKULES prior to placing an order in case of doubt as to whether the desired products contain specific ingredients. BOUILLON HERKULES accepts no liability for allergic reactions to ingredients or food intolerances that may occur.
7.3. BOUILLON HERKULES makes its webshop available and tries to provide periodic maintenance so that the connections are as error-free as possible. As a result, it cannot be ruled out that access to the webshop will occasionally be limited or suspended in order to implement improvements, innovations and/or maintenance. The obligation regarding the management of the webshop is an obligation of means.
7.4. In the event of an attributable shortcoming, the liability of BOUILLON HERKULES will always be limited to the amount actually paid for the last order placed.
7.5. The customer acknowledges and accepts that BOUILLON HERKULES may also invoke against the customer any exceptions and exemptions that a manufacturer or supplier with whom it collaborates may invoke.
ARTICLE 8 – FORCE MAJEURE AND RIGHT OF TERMINATION
8.1. BOUILLON HERKULES reserves the right to suspend the execution of the order or to dissolve the agreement without judicial intervention, by means of simple written notification, in the event of an unforeseeable and non-attributable event, including supply problems with suppliers, legal obligations, wildcat strikes, embargoes, technical failures, network failures, etc., subject to reimbursement of the amount paid, but without any obligation to pay damages. BOUILLON HERKULES reserves the right to make partial deliveries in such cases, which will be offset against the amount to be refunded.
8.2. BOUILLON HERKULES reserves the right to cancel the order automatically and without prior notice of default if there are objective reasons that indicate a risk of solvency or non-liquidity on the part of the customer, including bankruptcy, apparent inability, etc.
ARTICLE 9 – PRIVACY AND DATA PROTECTION
9.1. BOUILLON HERKULES recognizes the importance of secure processing of personal data (name, address, location data, IP address, transaction data, etc. of natural persons) in accordance with the applicable national regulations, as well as Regulation (EU) 2016/679 and endeavors to comply with these.
9.2. During the ordering process in the webshop, the following information is requested: name, first name, country, address, telephone number, email address, payment card details and/or VAT number. This information is necessary for BOUILLON HERKULES to be able to execute the order. The personal data collected by BOUILLON HERKULES will only be used to keep the customer informed of the order, the delivery, as well as any specific purpose for which the customer has given explicit permission. BOUILLON HERKULES acknowledges that it will process the personal data confidentially for the benefit of or on behalf of the customer. No further personal information will be processed without BOUILLON HERKULES having obtained the necessary permission to do so.
9.3. Except in cases as determined by law or in case of extreme necessity, the personal data will under no circumstances be transferred to third parties, except with the express prior written consent of the customer or when BOUILLON HERKULES calls upon third parties (e.g. external courier service) to produce or deliver the order. In such case, BOUILLON HERKULES ensures that these third parties comply with the relevant legislation.
9.4. BOUILLON HERKULES undertakes to take the necessary technical and organisational measures to prevent loss or any other form of unlawful processing of personal data, taking into account the state of the art, the sector concerned and the nature of the processing.
9.5. In order to guarantee the security of your personal data, the webshop is provided with an SSL certificate, with which the personal and transaction data passed on to BOUILLON HERKULES are sent encrypted. Payments are made by using the online payment service Mollie.
9.6. The customer has the right to request access, free correction and/or deletion of his collected personal data, as well as the right to withdraw his consent or to request the portability of his data. The data that BOUILLON HERKULES collects with a view to processing the order can always be consulted after written request to BOUILLON HERKULES (info@bouillonherkules.be or Goedlevenstraat 111, 9041 Oostakker).
9.7. The personal data requested when completing an order will not be retained for longer than necessary to complete the delivery of the order.
9.8. Questions and/or complaints regarding the processing of your personal data can be addressed to the central contact point at BOUILLON HERKULES (info@bouillonherkules.com or +32 (0)472 59 84 55). For more information, you can always consult the privacy policy.
ARTICLE 10 – INTELLECTUAL PROPERTY
10.1. All texts, illustrations, images and graphic designs remain the artistic and intellectual property of BOUILLON HERKULES and are protected by copyright. Any reproduction, in whole or in part, is strictly prohibited.
10.2. BOUILLON HERKULES reserves the right to use products made to order or custom-made for reference and promotion purposes.
ARTICLE 11 – COMPLAINTS AND DISPUTE RESOLUTION
11.1. For questions and comments, the customer can contact BOUILLON HERKULES at 9041 Oostakker, Goedlevenstraat 111 ((info@bouillonherkules.com or +32 (0)472 59 84 55).
11.2. Only the Courts of the judicial district in which the registered office of BOUILLON HERKULES is located shall have jurisdiction to hear any disputes arising from the order placed or the general terms and conditions.
11.3. These general terms and conditions and all actions arising from them are governed by Belgian law and must be interpreted accordingly.