General Terms and Conditions

ARTICLE 1: IDENTITY OF CENTHO CHOCOLATES

The website, accessible via the address www.centho.be, hereinafter referred to as the “Website”, is operated by Centho Chocolates BVBA, with its registered office at 3 Veeweidestraat, 3080 Duisburg-Tervuren, listed in the national companies register KBO under number 0477.957.206.

Telephone number: +32(0)2 767 07 74
e-mail address: info@centho.be
Bank account: BE77734317300042

ARTICLE 2: DEFINITIONS

Buyer: any natural person who, exclusively for non-professional purposes, acquires or uses products or services brought onto the market by CENTHO CHOCOLATES.
Distance agreement: any agreement between CENTHO CHOCOLATES and the buyer concerning chocolate products or services which is concluded within the framework of a system organised by the supplier for distance selling or the provision of services whereby, for this agreement, sole use is made of one or more means of distance communication up to and including the conclusion of the agreement itself.
Chocolate products: any chocolate product which is offered for sale by CENTHO CHOCOLATES on the website.
Website: the CENTHO CHOCOLATES website, accessible through www.centho.be
Distance communication technique: any means which, without simultaneous physical presence of CENTHO CHOCOLATES and the buyer, may be used to conclude the agreement between these parties.

ARTICLE 3: APPLICABILITY

Unless otherwise previously agreed upon explicitly and in writing, these General Terms and Conditions apply to every offer by CENTHO CHOCOLATES and to every distance agreement concluded between CENTHO CHOCOLATES and the buyer.
These General Terms and Conditions apply to any offer by CENTHO CHOCOLATES as an online shop owner to the buyer, any natural person who acquires or uses products and/or services put on the market exclusively for non-professional purposes.
You must be at least 18 years old to place an order. If you are not 18 years old, we ask you to let your parents or legal guardians place the order. If we find that the order has been placed by a minor, we reserve the right to refuse such order.
If a Distance Agreement is concluded electronically, a copy of the General Terms and Conditions shall be provided to the Buyer together with the order confirmation, or at the latest upon shipment, and in a format that allows him to save or print it.
If, in addition to these General Terms and Conditions, specific Chocolate Products or Service Conditions apply and there are differences between the Additional Terms and Conditions and the General Terms and Conditions, the provisions of the Additional Terms and Conditions shall prevail over the General Terms and Conditions, unless otherwise provided.
One or more provisions of these General Terms and Conditions may be derogated from only if expressly agreed in writing. In that case, the other provisions of these Terms and Conditions remain in full force.
General Terms and Conditions used by the buyer are not applicable, unless explicitly agreed to by CENTHO CHOCOLATES.
CENTHO CHOCOLATES reserves the right to change and/or supplement these General Terms and Conditions at any time for future orders.
By using the CENTHO CHOCOLATES 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 at any time one or more provisions of these General Terms and Conditions should be wholly or partially unlawful, void or for any other reason unenforceable, this condition will be deemed severable from these General Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the buyer and CENTHO CHOCOLATES with respect to the subject matter contained therein.

ARTICLE 4: OFFERS AND ESTABLISHING AGREEMENTS

Offers are valid as long as they are mentioned on the website and as long as stocks last.
If the offer is subject to certain terms and conditions, this will be expressly stated in the offer.
CENTHO CHOCOLATES always describes as completely and accurately as possible what it sells and how the ordering process will proceed. Anyhow, the description is sufficiently detailed for you to make a proper assessment. In case CENTHO CHOCOLATES uses images for the chocolate products and/or services offered, these will be rendered as accurately and truthfully as possible. However, to err is human, and if CENTHO CHOCOLATES is obviously mistaken, it is not obligated to deliver after all. The images have no contractual value.
An agreement is concluded and is final at the time an order confirmation is handed over to the buyer, or sent by mail to the e-mail address provided by the buyer, and as soon as CENTHO CHOCOLATES has received the approval of the card issuer for the payment transaction with credit or debit cards. In the event that the card issuer refuses to agree with the payment, CENTHO CHOCOLATES cannot be held accountable for any 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 CENTHO CHOCOLATES is the final consumer. Chocolate products may not be resold in any way.

ARTICLE 5: ORDER

To purchase a chocolate product online, the chocolate product must be added to the shopping cart, after which the Buyer’s contact and invoice data must be entered. The Buyer may subsequently choose the method of delivery and the address: home address, specific delivery address, access point,… At the last step, the Buyer is directed to an overview page, where the General Terms and Conditions are accepted and the payment is confirmed by pressing the order button with the caption “order with obligation to pay” or a similar wording. Once these steps have been completed, the purchase is final.

ARTICLE 6: PRICES

All prices are expressed in euro and include VAT or any other tax imposed by the authorities.
The price is invoiced in the currency in which the Buyer has placed his order.
The buyer owes the price agreed upon during the last step of the ordering process and communicated by CENTHO CHOCOLATES in its order confirmation. Obvious errors in the quotation, such as evident inaccuracies, can be corrected by CENTHO CHOCOLATES even after the conclusion of the agreement.
Delivery and return costs are clearly communicated to the buyer. With respect to certain payment methods, further conditions apply with respect to the shipping method and any costs. This will be clearly communicated to the Buyer.

ARTICLE 7: PAYMENT

Orders through the website can be paid in the following ways: Belfius Direct Net, Credit card, ING Home'Pay, KBC/CBC Payment Button, Bancontact. CENTHO CHOCOLATES may expand its payment possibilities in the future. Any expansion of payment methods will also be announced through the Website.
If you choose a payment method with a credit card, the conditions of the card issuer in question apply. CENTHO CHOCOLATES is not a party in the relationship between the buyer and the card issuer.
In order to guarantee secure payment and the safety of the buyer's personal details, transaction data are sent over the internet encrypted using 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.

ARTICLE 8: DELIVERY AND DELIVERY PERIOD

All chocolate products will be shipped to the address given by the Buyer when placing the order.
Orders are handled and shipped as soon as possible. CENTHO CHOCOLATES aims to ship the order within the time indicated in the individual order confirmation. Any possible delay will in no way give rise to compensation. Erroneously communicated delivery addresses are the responsibility of the User and may give rise to additional costs to be borne by the User.
Products are only delivery in the countries for which the website allows delivery.
Products are always shipped at the risk of CENTHO CHOCOLATES. The buyer should therefore not worry about Chocolate products getting lost in the mail. However, if chocolate products are returned, the buyer is responsible for their transport.
Once the chocolate products have been delivered to the specified delivery address, the risk for these products is transferred to the Buyer.
From the time of receipt by the consumer, the chocolate should be stored at a temperature between 15 and 18C and protected from direct sunlight and moisture. We do not recommend storing chocolate in the refrigerator or freezing it.
The Buyer or any other person must be present at the address provided at the time of delivery of the Chocolate Product to receive them. If this is not the case, a second appointment will be made with the buyer for the delivery of the Chocolate product.
CENTHO CHOCOLATES is not liable for failed deliveries if: the Buyer provides an incorrect or out-dated address; nobody is present at the address provided by the Buyer; the Buyer does not immediately (within 24 hours) provide a correct/new address.
CENTHO CHOCOLATES' total liability in case of shortcoming in its obligations shall under no circumstances exceed the purchase price of the chocolate product(s) in question.
Given the nature of the chocolate product, Postal Box addresses are not accepted.

ARTICLE 9: RIGHT OF WITHDRAWAL

According to Book VI of the Belgian Economic Code, there is no right of withdrawal for food products, perishable goods and Chocolate products that have been manufactured according to the specifications of the Buyer. Each purchase is thus final and will not be taken back by CENTHO CHOCOLATES.

ARTIKEL 10: EIGENDOMSVOORBEHOUD

ARTICLE 11: LIMITATION OF LIABILITY

The website is offered to you without explicit or implicit guarantees as to its correct functioning. CENTHO CHOCOLATES is not liable for any damage resulting from the use of the Website, regardless of whether it turned out to be correct or incorrect, nor for any damage caused by incorrect, incomplete, ambiguous or out-dated content or language errors on the Website.
In any case, CENTHO CHOCOLATES' liability for any damage will always be limited to the amount of the last order.
CENTHO CHOCOLATES makes every effort to provide access to its website 24 hours a day, 7 days a week. However, in view of the technical characteristics of the Internet and computer systems and the need for periodic maintenance, updates or upgrades, CENTHO CHOCOLATES cannot guarantee uninterrupted access to and service of the Website. In the event of normally acceptable interruptions or access failures, CENTHO CHOCOLATES will do everything in its power to solve the problem as soon as possible. Such normally acceptable interruptions or failures are inherent to Internet selling. They cannot be considered as shortcomings and will not give rise to any compensation.
The websites to which CENTHO CHOCOLATES may be linked are not operated, hosted or maintained by CENTHO CHOCOLATES. CENTHO CHOCOLATES is therefore not liable for the content of such websites or for the links to them or any changes or updates made to them.

ARTICLE 12: CONFORMITY AND WARRANTY

CENTHO CHOCOLATES guarantees that the products are in conformity with the order made and meet the normal expectations that the buyer may have considering the specifications of the Chocolate product. CENTHO CHOCOLATES further guarantees that its Chocolate products comply with all laws in force at the time of the order.
The products sold by CENTHO CHOCOLATES are fresh food products. CENTHO CHOCOLATES does its utmost to ensure a correct and safe delivery, taking into account the freshness of its chocolate products, but cannot absolutely guarantee the quality of the transport. Furthermore, the consumer is obliged to immediately place the received Chocolate Products in the refrigerator, in order to guarantee the quality of the Chocolate Products.
CENTHO CHOCOLATES delivers the Chocolate products by refrigerated dispatch in order to guarantee the quality of its Chocolate products as much as possible. In the exceptional case where the quality of the delivery is affected, the Buyer must provide proof of this immediately at the time of delivery. The Buyer is obliged to carefully inspect (or have inspected) the Chocolate Products immediately after receipt. Complaints from the Buyer concerning defects in the Chocolate product or the delivery that are visible (for example when the products are no longer fresh or have been damaged during transport), must be communicated IMMEDIATELY by the buyer to CENTHO CHOCOLATES by telephone or by e-mail and at the latest within 4 hours after reception of the goods.
Defects caused by the consumer not putting the product in the refrigerator on time cannot be claimed against CENTHO CHOCOLATES.

ARTICLE 13: FORCE MAJEURE

In case of force majeure, CENTHO CHOCOLATES is not held to fulfil its obligations. In such case, it may either suspend its obligations for the duration of the force majeure or dissolve the agreement definitively.
Force majeure is any circumstance beyond the will and control of CENTHO CHOCOLATES which prevents CENTHO CHOCOLATES from fulfilling its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, energy disruptions, disruptions 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 of suppliers or other third parties used, etc.

ARTICLE 14: INTELLECTUAL PROPERTY

The buyer explicitly acknowledges that all intellectual property rights to information, statements or other expressions concerning the products and/or the website rest with CENTHO CHOCOLATES, its suppliers or other entitled parties.
Intellectual property rights are understood to mean patent, copyright, trademark, drawing 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 not allowed to use and/or make changes to the intellectual property rights as described in this article, such as for example reproduction without the prior written permission of CENTHO CHOCOLATES, its suppliers or other entitled parties, unless it only concerns private use of the chocolate product itself.

ARTICLE 15: COMPLAINT PROCEDURE

CENTHO CHOCOLATES does everything in its power to satisfy its customers 100%. If the buyer does have any complaints about its services and/or products, he may send an e-mail to CENTHO CHOCOLATES at info@centho.be. CENTHO CHOCOLATES has an adequately communicated complaint procedure and handles the complaint in accordance with this complaint procedure.
We try to handle each complaint within 7 working days.
In the event of a non-judicial settlement of the dispute, the Consumer Mediation Service of the Federal Public Service Economy is competent to receive any request for non-judicial settlement of consumer disputes. The latter will in turn either deal with the application itself or forward it to a qualified entity. You may contact the Consumer Mediation Service via this link: http://www.consumerombudsman.be/en. Cross-border disputes can also be settled using the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr.

ARTICLE 16: APPLICABLE LAW AND COMPETENT COURT

ARTICLE 17: MISCELLANEOUS PROVISIONS

For all additional information or comments regarding these General Terms and Conditions, please contact CENTHO CHOCOLATES at the following address: Centho Chocolates BVBA with registered office at 3 Veeweidestraat, 3080 Duisburg-Tervuren by e-mail: info@centho.be or by telephone: +32(0)2 767 07 74