Chocopolis has its head office in Brussels, rue du Marché aux Herbes / Grasmarkt 81, 1000 Brussels, and is registered in the Crossroads Bank for Enterprises (CBE) under the number 0878.761.897 with VAT number BE 0878.761.897 (hereinafter called the "Seller").
With every order, the Buyer accepts the present general terms and conditions that are an integral part of the agreement. The application of any general terms and conditions from the Buyer is expressly rejected, except for an explicit written clause to the contrary.
Tenders and acceptance of the order
The tenders of the Seller are always free of obligation. The Seller is only bound by an order if he accepts it in writing or if he has started with the execution of the order.
Product information, pricing and detailed order information are subject to modification or correction at any time.
All products are solely delivered in the countries listed on the website of Chocopolis. Products shall be delivered within the term stated by the Seller in the order confirmation. The Buyer cannot derive any rights from this term. The stated term is deemed to be indicative only. In case of a delay the Buyer shall not be entitled to cancel the order nor shall the Buyer be entitled to damages or cancel his/her payment, except in the case of an intentional delay on account of the Seller.
The Buyer will be responsible for any additional costs incurred if an incorrect delivery address was given. The Buyer will not be held responsible if the parcel could not be delivered because of an incorrect delivery address.
All prices quoted by the Seller do not include transportation, delivery costs and custom fees except for an explicit written clause to the contrary.
Retention of title
Delivered goods shall remain the property of the Seller until all receivables, including all costs, interest on outstanding amounts and compensations, have been paid in full. If the Buyer fails to pay, the Seller shall have the right to take back all goods at the expense of the Buyer.
In order to be admissible any complaint by the Buyer will be made in writing and sent by registered post addressed to the Seller:
(a) in case of a complaint due to the incorrect delivery, eight (8) days upon the delivery;
(b) in case of hidden defects, eight (8) days upon its discovery.
The warranty of the Seller is restricted to hidden defects and in case of consumer purchases, both covered in the Civil Code.
The Seller is only liable through the case of intentional damage or severe error by the Seller. The Seller is not liable for general or exceptional indirect damage, whatever its nature, suffered by the Buyer.
Right of withdrawal
Food and goods specially designed for the Buyer, do not fall under the scope of the Act of July 14, 1991 according to article 47, §4, 2° of the WMPC. Therefore, the Buyer cannot refer to the right of withdrawal.
If the Seller is unable to meet its obligations to the Buyer as a result of force majeure, the Seller shall not be obliged to meet his liabilities. The Seller cannot be held liable in case of delay of the execution or in case of non-execution of the agreement due to exceptional circumstances including but not limited to: manufacturing interruption, supply problems or shortages of materials, labour, energy or transport, transportation delays, strikes, lock-outs, stoppages or other collective disputes affecting the Seller or its suppliers, even if the circumstances could have been anticipated.
Prices and payment
All prices indicated on the website are VAT included, but shipping costs and custom fees are excluded. All possible shipping costs and custom fees are for the Buyer and are detailed separately. The Seller preserves the right to modify the prices at any time, but agrees to apply the tariffs that were indicated on the website at the time of the order by the Buyer. Online orders can be paid with the usual valid international accepted credit cards and electronic pay methods.
Invoices shall be paid no later than the due date, with no discount, unless stated otherwise on the invoice. Complaints concerning invoices need to be detailed and, in order to be admissible, be sent by registered mail addressed to the Seller within three (3) days of receiving the invoice. Complaints do not give right to a suspension of payment by any manner or means.
In case of default on payments, interests shall be charged at 1% per month due, starting from the invoice date and on due sums, without a prior proof of default. In case of non-payment and if a reminder has been left unnoticed after fourteen (14) days, fixed damages will also be due amounting to 10% of the outstanding balance.
The Seller preserves the right to terminate all agreements with the Buyer in case of complete or partial non-payment on the date due or if any violation of the agreement by the Buyer, without proof of default and without any legal intervention and to claim all debts that are not expired yet or to accomplish the order on cash payment only despite any former agreement and any other right.
If the Seller does not immediately take action against a shortcoming on behalf of the Buyer, it shall not be considered as a renunciation by the Seller.
All parties acknowledge the electronic proof (e.g. e-mail, backups…) as part of their relation.
If any provision of present conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of present conditions and the remainder of the provision in question shall not be affected thereby.
All agreements between the Buyer and the Seller shall be governed by Belgian law only. Parties submit to the exclusive jurisdiction of Belgian courts.