Terms of Sale

Since 1/03/2024, the webshop is (temporarily) closed!

1. DEFINITIONS AND APPLICATION OF THE TERMS OF SALE

The present terms of sale (hereafter the “Terms of Sale“) can be found on the website www.fundido.be (hereafter: the “Website”). The Website and the related services are offered by:

The individual company WARNEZ Britt (hereafter: “Fundido Chocolatier”, “We” and “Us”)

E-mail address: [email protected]

For the purpose of these Terms of Sale, the following definitions shall have the following meanings:

“Purchaser”: Every natural person who enters into a contractual relationship with Fundido Chocolatier, including, but not limited to: Consumers and Professional Customers. Each Purchaser agrees not to purchase the Products of Fundido Chocolatier with the sole purpose of reselling them. Further also referred to as “you” or “your”.
“Consumer”: Every natural person in the capacity of Purchaser acting for purposes outside his business or professional activity.
“Products”: All goods and services that are the subject matter of one or more Sales Contracts. The Products can be artisanal chocolate and other cacao products (retail), whether or not as a (business) gift. The services can be chocolate tastings at people’s home, a rented location or at a company as team building.
“Sales Contract”: Every contract in which Fundido Chocolatier commits to transfer the property of the Products to the Purchaser and/or to provide services to the Purchaser and where the Purchaser commits to pay for these Products and/or services.

The Terms of Sale apply to all current and future sales of Products by Fundido Chocolatier to the Purchaser. By using the Website, the Purchaser accepts these Terms of Sale, as well as all other rights and obligations as stated on the Website.

These Terms of Sale are always and exclusively applicable, except in the case of an explicit derogation. An explicit derogation is only valid when it is the result of a mutual agreement that is recorded in writing. Explicit derogations are only valid when they replace or supplement the clauses they relate to. These derogations do not affect the applicability of other provisions of the Terms of Sale.

Fundido Chocolatier reserves the right to amend and/or supplement the Terms of Sale in the future, without informing the customer. Any future changes will have no effect on existing product orders and consequential agreements.

2. OFFER AND ACCEPTANCE

Our online offer is presented with the utmost care. Fundido Chocolatier provides information about the features of the Products, including product composition based on information we receive from our partners and suppliers, and photographs illustrating the Products.

Our online offer is presented as an invitation to purchase. Fundido Chocolatier is not bound by its online offer. An offer is only valid while stocks last. We reserve the right to attach particular conditions to a specific offer, such as a limited duration. The Purchaser can rest assured that these particular conditions are only applicable when explicitly communicated prior to the order placement.

We sell our products via www.fundido.be, on markets and events, and by e-mail in the case of special requests or business opportunities.

The prices of our products and tasting formulas are on the website or available by e-mail (for special requests or business opportunities). The tastings and (business) requests can be booked/ordered by e-mail. An offer will be sent and after agreement, an invoice will follow.

To purchase a Product from the Fundido Chocolatier website, the Purchaser must complete our online ordering method. This purchase is binding on the Purchaser. Fundido Chocolatier will send a confirmation of the order within three (3) calendar days directed to the e-mail address specified by the Purchaser at the moment of ordering. The Sales Contract shall be concluded as soon as the Purchaser has received the order confirmation e-mail issued by Fundido Chocolatier.

Fundido Chocolatier retains the possibility to refuse the sending of an order confirmation e-mail or to unilaterally reject an order placement by means of an explicit statement.

Fundido Chocolatier will inform the Purchaser and will (where possible) propose a similar Product if the initial order cannot be executed or can only be partially executed. There is no Sales Contract if Fundido Chocolatier refuses the order or if the Purchaser does not agree with the proposed alternatives. In such a case, all payments that have been made will be soon refunded. The Purchaser is not entitled to any form of compensation.

The Parties expressly acknowledge that the use of different types of electronic communications, such as e-mail, give rise to a valid Sales Contract. This is fully consistent with the Belgian Code of Economic Law. Within the limits of what is permitted by law, Fundido Chocolatier can make use of all electronic files available to prove the existence of the Sales contract. An ordinary digital or electronic qualified signature is not an essential requisite proof.

3. PRICING

All prices are indicated in EURO and include VAT and other taxes. The individual product price does not include the costs of delivery and other additional costs. Fundido Chocolatier will communicate these costs in the last step of our online ordering process (check-out).

Our pricing process is the following:

a) Private individuals:

Direct payment on purchase via webshop (using available payment methods).
Advance 25% on tasting request (booking confirmed after advance payment).
Direct payment on purchase at markets/events via bancontact (app).
Invoice agreed amount / approved offer in case of special request.

b) Professionals:

Advance 25% on request tasting (booking confirmed after advance payment).
Invoice agreed amount / approved offer in case of business gifts.

Obvious errors in pricing, such as obvious inaccuracies, can still be corrected by Fundido Chocolatier after the conclusion of the sales contract. The Purchaser must communicate any complaints regarding the pricing or the payment within seven (7) calendar days after the confirmation of order, in writing. The filing of a complaint does not suspend due payments.

We have the right to change our prices at any time but commit to always apply the prices that were indicated on our Website at the time of your order. Price changes that are due to changes in VAT rates will be borne by the Purchaser.

4. PAYMENT TERMS

Each payment is handled promptly and completely, i.e. when the Purchaser places his order. We accept the payment methods indicated on our Website.

In the future, Fundido Chocolatier can always expand the payment methods. These expansions will always be announced on our Website. Fundido Chocolatier takes all necessary precautions to ensure safe payments.

We make use of the secured payment system for the further processing of the payment. This closed security system processes your bank details always in an encrypted manner.

Fundido Chocolatier shall only deliver the order as soon as it has received the full payment of all amounts owed by the Purchaser. Fundido Chocolatier always retains ownership of all Products ordered until full payment of all amounts due under this Agreement has been made, regardless whether the delivery has already occurred.

If payment is not made directly on the website, payment must be made within 14 calendar days of receipt of the invoice. Invoices are always payable by the Client. If the Customer considers that the invoice should be paid by a third party, it is the Customer’s responsibility to collect the amount from this third party.

In the event of late payment, Fundido Chocolatier shall be entitled to charge interest on late payment at the current statutory rate. Additional compensation may be requested after the second payment reminder.

5. DELIVERY

You can choose from various delivery options on our website during your order. We process every order in a rapid manner. Shipping takes place within 3-5 working days (Monday to Friday, excluding public holidays). There is no compensation if due to circumstances the order is shipped later, but you will be notified.

You have the possibility of free pick-up at Burggravenlaan, 9000 Ghent (by appointment). Sales and delivery are only possible in Belgium.

If you have chosen “Mailbox package (MAX 2 chocolate bars)” and the number of items is exceeded, the shipping method will automatically be changed to “Pick-up point (closest to your shipping address)”.

Likewise, if you have chosen “Bike delivery (ONLY within 9000 Gent)”, but the shipping address is outside 9000 Gent, the shipping method will automatically be changed to “Pick-up point (closest to your shipping address)”.

When you order a Product that is not in stock, there may be an indication of when the Product will be back in stock. The delivery time starts as soon as the Products are back in stock.

Fundido Chocolatier might use external parties and carriers for the execution of the delivery. This may have an effect on the deliveries. However, Fundido Chocolatier takes no responsibility for late deliveries by third parties or for orders which are lost by third parties, nor does it take responsibility for late or lost deliveries in case of unforeseen circumstances or force majeure. If an order that has been sent remains undelivered, Fundido Chocolatier will conduct an investigation at the carrier’s end. This can take several days. During this period, Fundido Chocolatier cannot provide any reimbursement or proceed to a re-delivery of the Products.

The Purchaser is responsible to make the delivery possible at the indicated address, either by being present himself or by designating a third-party present at the indicated address at the moment of the delivery. A delivery is performed as soon as the ordered Products are offered one time at the indicated address. If a delivery is unsuccessful due to a failure by the Purchaser or by the third party designated by the Purchaser, the cost of this delivery attempt is fully borne by the Purchaser.

Fundido Chocolatier bears the risk for damage and/or loss of the Products until the moment of delivery. Risk associated with the Products shall pass from Fundido Chocolatier to the Purchaser on delivery. Each delivery requires a signature of the delivery confirmation, but a lack of signature does not affect the transfer of risk.

6. WARRANTIES AND RIGHT OF WITHDRAWAL

6.1 WARRANTIES

In case of quality defects or wrong products for non-perishable goods only, the Consumer can report with proof with photos to [email protected] within 3 days of receipt and return within 14 days of receipt, unless we decide to pick it up ourselves.

We will refund transport costs (subject to submission of proof of payment). The refund will be within 30 days of receipt of returned products.

6.2 GENERAL

The Consumer enjoys a right of withdrawal, in accordance with article VI.47 of the Belgian Code of Economic Law. The right of withdrawal provides the Consumer with the possibility to terminate the Sales Contract within fourteen (14) calendar days. This right is only for individuals. The professionals do not have this right of withdrawal. No motivation or penalty fee is required. Fundido Chocolatier welcomes your feedback in order to improve its services.

If the Consumer applies his right of withdrawal in conformity to the legal conditions, Fundido Chocolatier will take care of the reimbursement of the amount actually paid for the Product within fourteen (14) calendar days after the Consumer has notified Fundido Chocolatier that he is exercising his right of withdrawal. The Consumer will receive a voucher with a value equal to the amount of the initial order, with the exception of the shipping costs for returning the Products. The Consumer always has the right to refuse the voucher and demand a refund instead. In such a case, a refund will be given for the total value of the order, with the exception of shipping costs for returning the Products. The refund will be carried out by means of the same payment method you used for the initial transaction, unless you expressly agree otherwise. No additional fee will be charged for the refund.

Fundido Chocolatier does not reimburse any additional delivery costs, such as the cost endorsed if the Consumer selects a delivery method that differs from the cheapest standard delivery method.

6.3 EXCEPTION TO THE RIGHT OF WITHDRAWAL

The Consumer is not entitled to exercise his right of withdrawal in the following cases:

Service contracts after the service has been fully performed if the performance has begun with the Consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader (Article VI.53, 1° Belgian Code of Economic Law) ;
The supply of goods which are made to the Consumer’s specifications, or are clearly personalized (Article VI.53, 3° Belgian Code of Economic Law);
The supply of goods which are liable to deteriorate or expire rapidly (such as food – Article VI.53, 4° Belgian Code of Economic Law);
The supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (Article VI.53, 5° Belgian Code of Economic Law).

6.4 HOW TO EXERCISE YOUR RIGHT OF WITHDRAWAL

The Consumer who wishes to invoke the right of withdrawal must communicate his decision explicitly and unambiguously, in a written statement. The communication must happen within fourteen (14) calendar days since:

Sales contract: The day of acquiring physical possession of the Products.
Service contract: The day of the conclusion of the contract.

The notice of withdrawal must be sent by e-mail to [email protected].

6.5 HOW TO RETURN A PRODUCT WHEN EXERCISING YOUR RIGHT OF WITHDRAWAL

The Consumer must return the Products to Fundido Chocolatier as soon he has notified his decision to exercise his right of withdrawal.

The Consumer has to return the Product by safe means of transportation in order to ensure that the Product arrives in good condition. The return shipment can only be done by manner of an authorized carrier. We strongly recommend you to insure your return shipment to the extent that you are responsible for the care of the items and will be responsible for any damage caused until they are received at our warehouse. In case of dispute, we also recommend that you keep a proof of sending. In any case, the Consumer will bear all costs and risks of return. Fundido Chocolatier may suspend the reimbursement until receipt of evidence by the Purchaser that the Products have been returned.

In addition, the Purchaser is liable for any diminished value of the Products resulting from the handling of the Products beyond what is necessary to establish the nature, characteristics and functioning of the products. Fundido Chocolatier is entitled to charge the costs of the impairment in proportion to the repayment. This, however, only after Fundido Chocolatier has reimbursed the initial purchase price to the Consumer.

When the Consumer has no right or lost the right of withdrawal (see 6.3 and 6.4), the Products will be returned to the Consumer at the expense and risk of the Consumer. Fundido Chocolatier commits to clearly communicate its motives to the Consumer.

7. FORCE MAJEURE AND UNFORESEEN EVENTS

Force majeure exists if Fundido Chocolatier is, wholly or partially, prevented to accomplish its obligations towards the Purchaser by circumstances beyond its control. In this case Fundido Chocolatier is not obliged to fulfill its obligations. Fundido Chocolatier may suspend its obligations for the duration of the force majeure. If a tasting cannot take place due to force majeure (e.g. illness, exceptional weather phenomena…) there is the possibility of agreeing a new date. Advanced payments are not refundable.

Both Fundido Chocolatier and the Customer have the option of requesting a change in the terms and conditions of sale of products or services where a change in circumstances makes its performance so excessively onerous that it would be unreasonable to adhere to the original terms.

8. INTELLECTUAL PROPERTY

Fundido Chocolatier retains all intellectual property and other related rights with regard to the Website. These intellectual property rights include copyrights, trademarks, design rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods and concepts, logo, documents, images, text, products collections, whether or not patentable. The Purchaser is not allowed to make use of any of our intellectual property rights and/or to make changes in the presentation of these rights as described in this article, unless this is necessary for private use of the product.

9. GDPR

As part of its contractual relationship, Fundido Chocolatier processes personal data received from the customer. The purpose of the processing is to carry out the provision of the service, delivery, administration and billing. Fundido Chocolatier undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR”) and the Belgian law of 30 July 2018.

10. LIABILITY

The Website is offered without express or implied warranties as to its correct operation. Fundido Chocolatier 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, technical malfunctions or mistakes on the Website.

Fundido Chocolatier guarantees that its products comply with the order and with the normal expectations the Customer may have, taking into account the specifications of the Product.

Fundido Chocolatier also guarantees that its Products meet all legislation existing at the time of the order.

The products sold by Fundido Chocolatier are fresh Products. Fundido Chocolatier is doing its utmost to ensure that a correct and safe delivery will take place, taking into account the freshness of its Products, but cannot provide an absolute guarantee as to the quality of the transport. The Customer is furthermore obliged to immediately store the Products according to the instructions on the label, to guarantee the quality of the Products.

The total liability of Fundido Chocolatier when it fails to fulfill its obligations will in no case be higher than the purchase price of the Products concerned.

11. APPLICABLE LAW AND COURT OF COMPETENT JURISDICTION

These Terms of Sale shall be governed and interpreted exclusively in accordance with Belgian law. All offers and Sales Contracts are governed exclusively by Belgian law.

In the event of any dispute regarding the execution or interpretation of these Terms of Sale, Fundido Chocolatier will do everything in its power to find an amicable solution. In the absence of an amicable solution, the dispute may be submitted to an arbitration and mediation center.

All disputes relating to or arising from offers made by Fundido Chocolatier, or Sales Contracts concluded with it, will be submitted to the courts of the judicial district of the registered office of Fundido Chocolatier.

As a Consumer, you can also submit a dispute regarding the Terms of Sale to an independent dispute resolution body.
For more information:

https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.