FORMS OF DELIVERY
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APPLICATION OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”), set out the arrangements governing sales between Swookies and the Customer as part of a distance selling system on the Internet and mobile telephones concerning goods defined in the Internet and mobile web site sales catalogue www.swookies.be (hereinafter referred to as the web site).
These Terms and conditions are applied to the exclusion of all other terms and conditions, including those in force on other websites or other media.
Customers’ attention is drawn to these GTCS to enable them the place orders and make purchases. .
The fact that the Customer enters an order on the Site (fills his basket) and confirms the order (confirms the panier) implies his full acceptance of these GTCS, which are the only ones to apply to the ensuing contract.
Swookies reserves the right to modify all or part of these GTCS at any time.
PRODUCTS AND ARTICLES
The products on offer to the Customer are those that are featured in the catalogue published on the Site, within the limit of stocks available and subject to the smooth running of the Site.
Each product is presented along with a photograph and a description written by Swookies. The descriptions are intended to present to the Customer the key characteristics of the products before he places his final order and in no circumstances may Swookies be held liable for them. The product visuals are provided for guidance only and are not contractually binding.
Swookies guarantees to the Customer that the products are manufactured and packed in accordance with strict quality rules and stored in accordance with the standards in force in Belgium. However, Swookies cannot extend its guarantee to its products if the Customer has not stored the products in ideal conditions or if he has consumed products after the best-before date printed on the pack.
PROCEDURE FOR PLACING AND CONFIRMING THE ORDER
Placing an order on the Site requires the Customer to open an Account by entering two forms of ID: an e-mail address and a password. These IDs are and must be kept confidential. The Customer has the right to access these IDs by contacting Swookies’s Internet Customer Service department, who will reply only by e-mail to the address used for setting up the Customer Account.
The Customer agrees to fill in the order form accurately and to enter information in the different fields (full name, billing and delivery address, payment method, etc.). One he has paid, he will receive an e-mail confirming the details and arrangements of his order. The order is not valid until the Customer has entered all the information requested of him.
By clicking on the Site icon “Pay for my order”, the Customer acknowledges having the full legal capacity to commit himself with regard to the General Terms and Conditions of Sale, which are the only ones to apply to the ensuing contract. The Customer may access the Site 24 hours a day, 7 days a week, except during the annual holiday period and during maintenance operations.
Before he pays for the order, the Customer declares that he has read and accepted these GTCS. Confirmation of the order therefore implies unreserved acceptance of these GTCS.
The customer can not change his order. No refunds will be paid.
Swookies reserves the right to refuse an order if the Customer fails to meet any one of his obligations and, more generally, to refuse any order of an abnormal or incomplete nature for any reason whatsoever. The order is not final until it has been confirmed by Swookies. Swookies will confirm its acceptance of the order to the Customer by e-mail or, otherwise, its refusal within 48 working hours of the order being placed on the Internet.
The prices shown are in Euros and include VAT.
The VAT included is the Belgian VAT applicable on the date of the order. If the VAT rate is changed, this change may be passed on into the price of the articles without giving the Customer prior notice.
However, the prices may not be altered once the order has been confirmed.
Shipping costs include the cost of high-quality packaging provided by Swookies.
Delivery charges are invoiced by Swookies. Prices and charges are liable to vary or fluctuate according to the price of raw ingredients and materials and the market in general. Swookies reserves the right to increase its prices.
Delivery charges are invoiced extra to the price of the goods. They depend on the chosen delivery method (delivery by pickup point or home shipment), the geographical area and the weight and/or volume of the parcel.
The products may be paid for only by CB bank card, VISA or MASTERCARD, online via the Site. Payment confirmation by bank card is immediate.
The order must be paid for in full in order to be recorded. The company will not deliver orders that have not been paid for. Furthermore, Swookies reserves the right to suspend any order or deliver if payment is not authorised by the financial organisation concerned.
RIGHT OF WITHDRAWAL
In accordance with current legislation, the right of withdrawal does not apply to contracts relating to the supply of perishable food products, such as the products sold on the Site. The Customer may not therefore invoke this right.
For the other products, the Customer has a period of fourteen (14) days following receipt of the product to exercise his right of withdrawal with Swookies, without having to give any reasons or pay any penalties, and exchange the product (subject to availability) or receive a refund or a credit. If this deadline expires on a Saturday, Sunday, public holiday or non-working day, it is extended until the next working day.
The right of withdrawal may be exercised on plain paper. If it is sent online, via the Site, Swookies will immediately send the Customer an acknowledgement.
The items should be returned within fourteen (14) days following the notification sent to Swookies of the Customer’s decision to withdraw, along with the confirmation e-mail, in their original packaging and in perfect condition so that they may be re-sold as new. Products will not be taken back if they are damaged, soiled or incomplete.
Returns should be sent to the following address: Swookies 33 vanderweydendreef 3090 Overijse.
If the Customer exercises his right of withdrawal within the above-mentioned period, the price of the purchased product(s) and the delivery charges will be refunded in full or in the form of a credit; the Customer must, however, pay the cost of the return.
Swookies will exchange (subject to availability) or offer a credit on the products returned by the Customer in accordance with the terms of this article within fourteen (14) days of receiving the said products.
MODEL WITHDRAWAL FORM
(Please fill in and send this form only if you wish to withdraw from the contract.)
For the attention of Swookies 33 vanderweydendreef 3090 Overijse :
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of the product (*)/the provision of services (*) below :
Ordered on (*)/Received on (*) :
Consumer’s/ Consumers’ name(s) :
Consumer’s/ Consumers’ address :
Consumer’s/ Consumers’ signature (only for paper versions of this form) :
(*) Delete as necessary.
The products sold on the Site are proposed within the limit of available stocks. A product that is no longer available will be removed from the product catalogue as soon as possible or shown as being unavailable for a limited period.
However, if it is impossible to supply the products requested, Swookies will contact the Customer as soon as possible by telephone or e-mail to decide with him whether to delay delivery until the product is back in stock, where possible, or to replace the product with another product that is equivalent in terms of quality and price.
Swookies products are mostly made by hand and are available in limited quantities. Please note that orders placed during festive periods (Christmas and New Year in particular) may be subject to a greater risk of non-availability compared to those placed at other times of the year, and these products may not be made subsequently.
For Shop Pick-up orders, the Customer agrees to pick his order up from the selected shop on the day and within the time slot that he has chosen. As the products are perishable, Croccante cannot keep an order that the Customer has forgotten. In no circumstances will a refund be given for a forgotten order.
The Customer must show the necessary documents when picking up his order: proof of identity and the confirmation e-mail. These documents must match the delivery and billing details entered on the order, as must the details of the holder of the payment card used (where relevant).
Any order placed can be collected in our pickup points on Friday and Saturday between 12:00 and 18:30.
COURIER DELIVERY AND HOME SHIPMENT
Courier deliveries are available in Brussels only in accordance with the delivery times shown when the Customer places the order. Home shipments are available in Brussels in accordance with the delivery times shown when the Customer places the order.
The Customer is responsible for the information relating to the recipient’s name and address. These details must be precise, accurate and complete (including door code and floor) to allow the products to be delivered correctly. The recipient’s telephone number is mandatory for deliveries by courier.
Swookies may in no circumstances be held liable for deliveries returned due to an error in the address or the impossibility of delivering to the address shown.
If the delivery address is incomplete or inaccurate, Swookies reserves the right to contact the recipient direct by telephone to complete the missing delivery information as long as the telephone number is not incorrect and the recipient is available.
Orders showing a post box address may not be accepted and processed.
In the event of the absence of the recipient or of a person who can take possession of the products upon delivery, and insofar as the carrier has access to the recipient’s mailbox, the carrier will leave a calling card inviting the recipient to come and collect the product at one of our collection points. In the case of delivery by courier, in the absence of the recipient, the products being perishable, Swookies will not be able to keep the order. Any order not received will not be refunded under any circumstances.
In no circumstances may Swookies be held liable for any deterioration in the products due to the fact that they have been picked up late from the carrier.
Late deliveries may not give rise to the payment of damages.
However, and subject to the limitations set out in these GTCS, where the delivery is late by more than 48 working hours, the total cost of the order will be recredited to the Customer in the form of a credit. Delivery times cannot be guaranteed during festive periods such as Christmas, Easter, Saint Valentin’s Day, Mothers’ Day, etc. No credits will be issued for orders delivered late during such periods.
Swookies reserves the right to advise against sending out certain delicate products during very hot periods.
TRANSFER OF OWNERSHIP AND TRANSFER OF RISK
Croccante insures the goods up to the delivery location. The buyer bears the transport risk. It is the recipient’s responsibility to check the delivery on arrival and express any reservations that appear justified, and even refuse the parcel if it looks as if it has been opened or bears the marks of damage.
Finally, if, under the courier’s responsibility, the product has not been delivered for any other reason linked to customs, strikes, damage or any other form of force majeure as defined by the courts, the sale may be terminated and the Customer may obtain a refund of the price, to the exclusion of any other form of compensation or damages.
COMPLAINTS AND DISPUTES
Claims and disputes will always be examined with care, and anyone who makes the effort to explain a situation will be presumed to be acting in good faith.
On receiving the products, the Customer should ensure that the delivery matches his order. Considering the perishable nature of the products, all complaints must be notified within two (2) days of receiving the order, otherwise they will not be accepted. Any damage must be noted on the delivery note in the form of precise reservations, which should be dated and signed.
Complaints should be sent by post to the following address: Swookies 33 vanderweydendreef 3090 Overijse.
Or by e-mail to email@example.com.
Swookies will examine the complaint and, if it accepts it, the Customer will be offered a commercial gesture, a credit or a refund.
INTELLECTUAL PROPERTY AND PROHIBITION
The structure, page layout, graphics style, texts, database, images, photos, sounds, videos and all other components of the Site are and remain the exclusive intellectual property of Swookies and are protected by copyright. Unless stated otherwise, the trademarks, commercial names and logos featured on the Site are registered trademarks.
The reproduction, broadcasting or use of any of the components of the Site, even partially, for any reason whatsoever, is subject to the express, prior authorisation of Swookies, which is the holder of all the intellectual property rights. Any user who has a website and wishes to place a simple link on his site referring users directly to www.swookies.be must first seek authorisation from Swookies.
The Customer must in no circumstances re-sell the products, which are intended for his own personal use or the use of the recipient of his order. Any total or partial reproduction, modification or use of the products or their images for any reason whatsoever is strictly prohibited.
PROTECTION OF PERSONAL INFORMATION
When the Customer places an order via the web site, he agrees to allow Swookies to use the personal information concerning him. This information is required to ensure that orders are processed correctly. All this information is treated with the greatest possible care and discretion.
Swookies agrees not to disclose the information communicated by the Customer on the website to third parties. This information is confidential and will be used only for the purposes of processing the order and reinforcing and personalising communication by, for example, sending out the Swookies newsletter.
If one of these general terms and conditions is deemed to be invalid or unenforceable for any reason whatsoever, this invalidity will not affect the validity or enforceability of the other provisions of these general terms and conditions. The provision that is deemed to be invalid or unenforceable will be replaced by a provision that most closely reflects its content.
Neither Swookies nor the Customer may be held liable for the non-performance or late performance of any one of its obligations described in these GTCS as a result of a case of force majeure, as defined by the courts.
These general terms and conditions are governed exclusively by Belgian law.
All disputes will be referred to the Commercial Court if no amicable solution can be found.