Terms & conditions

General Terms and Conditions of Sale

ChocConcept Belgium (CCB)

1. Unless expressly stated otherwise in writing, all transactions with CCB are exclusively subject to these general terms and conditions of sale, to which the buyer irrevocably agrees. With the exclusion of the customer’s own conditions, even if these are communicated afterwards.
2. No obligation is binding on CCB unless this obligation arises from a document drawn up by CCB. Only written terms and conditions are binding on CCB, unless otherwise agreed.
3. An order cannot be canceled only with written acceptance by the seller. In case of cancellation, the customer owes a fixed compensation amounting to 25% of the value of the order. If the order has already been put into production, it can no longer be canceled and the full sales price is due.
4. All due duties, levies and/or taxes arising from the execution of the contract are to be paid by the buyer.
5. The delivery times are indicative and do not bind the seller. Delay in delivery does not entitle to compensation or to dissolution of the agreement.
6. Complaints about the quality of the goods must be reported by e-mail with notification of arrival within 5 days after delivery with regard to visible defects. For hidden defects, within 1 month after delivery. Any liability on the part of the seller is waived if the delivered goods have been processed, repackaged, not properly stocked or sold on. Complaints regarding the invoice data, including the charged price, must be reported in writing within 5 days of the invoice date, otherwise they will be declared inadmissible.
7. The delivered goods remain the property of CCB until full payment has been made of all the relevant invoices, including interest and costs. Before ownership is in the hands of the buyer, he may not dispose of or use the goods in any other way than in the normal course of business, nor may he grant any other rights to these goods to a third party. CCB can take back all goods for which the invoice has not been paid on the final payment date as stated on the relevant invoice. In the meantime, the goods remain with the buyer at the buyer’s risk, who is responsible for proper storage and insurance.
8. All invoices are due to CCB and must be paid net in cash on the exact payment date stated on the invoice. The mere fact of non-payment, even partially, on the final payment date is legally and without notice of default, due compensation including interest of 15% on the total invoice amount. Non-payment of one invoice results in the immediate claimability of all other invoices, including those that are not yet due. In addition, the seller reserves the right to stop all further deliveries and automatically the right to compensation as stated in article 3 of these general terms and conditions. The same applies in the event of bankruptcy, apparent insolvency or any change in the legal situation of the buyer.
9. The seller’s product liability is limited to the cost of the goods. In any event, the indemnification obligation with regard to any defects in the delivered goods does not extend beyond that of our suppliers and/or our insurers, with a maximum of EUR 2,500,000, both for physical damage and for damage to the goods, excluding any compensation for direct and indirect losses such as lost time from work, lost profits, etc.
10. The goods are always delivered ex works. In principle, the transport will not take place with the intermediation of CCB. Except at the explicit request and risk and expense of the buyer. The transport price will then be charged separately on the sales invoice. The buyer hereby expressly agrees to the fact that the risk and ownership of the goods, even if the transport has been arranged at the buyer’s request through the intermediary of CCB, transfer to the buyer at the moment the goods are loaded into the warehouses of the seller and that there is no deviation from the ex-works regime. The buyer undertakes the express obligation to insure itself against the transport risk.
11. If CCB is unable to perform the agreement due to force majeure, strike, lock-out, etc., we reserve our right to terminate the agreement without any compensation being required.
12. Belgian law applies to all our agreements and contracts. In the event of a dispute, the court of Antwerp has exclusive jurisdiction.
13. In the event of a dispute regarding the interpretation of the other language terms and conditions, the Dutch version will prevail.