Terms & Conditions
We want you to be happy. That makes us happy too.
1. We promise
To provide the best service we can offer. We want to see you happy, because that makes us happy too. So if you have sent chocolates or received a gift box and you are not entirely happy with it, let us know! We need to know how we can improve our service and products and we promise to do our best effort. All of your complaints and notices will be dealt with within 3 business days.
2. Our contract
Any order placed on the website can only be processed after we have received payment for the wole of the price of the products. After the payment is received we will confirm that your order has been accepted by sending you an e-mail. It is as simple as that. When we accept your order a legally binding contract between us exists.
The prices are valid for the day on which the website is visited. The prices are including VAT and excluding any delivery charges. The exact amount of the delivery charges is set out during the order process.
4. Are we Nuts?
No, not exactly. But due to the production facilities in Belgium all our Chocolateque products may contain nut traces. For those of you allergic to nuts, don’t be nuts and don’t buy from us (although we do regret not being able to have you as a customer).
5. We deliver custom made chocolate
Chocolateque can deliver bespoke services to businesses or corporate purchasers. Because such orders require extra care we have included a few additional conditions:
- We must receive the necessary artwork at least 30 days before the delivery date of the products. We will make a custom offer for each of the bespoke orders with the associated costs included in the offer.
- By supplying us your artwork and logos you grant us permission to use it for the purpose of printing and fulfilling the order.
- Before we continue with the production process an authorised person within your company should approve the design and use of your artwork and logos.
- 5.4 When a bespoke order that is in total accordance with this clause 7 is cancelled by the business or corporate purchaser a payment of 80% of the invoice value of the product must be paid to us.
6. How you cancel your contract
- Because we are convinced are products are of a superior quality you may cancel your order with us within seven days from the date you receive the ordered products. We do not need a reason for you cancelling the order although we do appreciate it – we love feedback! Off course you will not have to pay any penalty associated with your cancellation. Although we are nice to consumers, we are less so to business or corporate purchasers. They must have a lawful reason for cancellation. We are sorry!
- After we receive your cancellation we will re-credit the sum to your credit card in accordance with the price you paid. Because we know you like money – like we do! – we will try to do this as soon as possible and in any event within 30 days of your order. If you are a business or corporate purchaser and have lawfully cancelled your order but have not paid by credit card you will be refunded by cheque as soon as possible and in any event within 30 days of your order.
7. How we cancel your contract
At all times we reserve the right to cancel the contract if:
- When there is insufficient stock of the products you have ordered. We will contact you with an estimation of the availability date or to offer you a similar product;
- Our distributor is not able to deliver to your area because it is not in its distribution range. If you doubt whether you are in the delivery range of our distributor feel free to contact us. We are happy to help a customer in need. Always!
- If we cancel your contract with you, you will be notified by e-mail and your credit card will be re-credited with the total amount of the order value. Because we know you like money – like we do! – we will try to do this as soon as possible and in any event within 30 days of your order. If you are a business or corporate purchaser and have lawfully cancelled your order but have not paid by credit card you will be refunded by cheque as soon as possible and in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
8. Delivering chocolates to your home
- Every product you order at our website will be delivered to the address you have supplied us with during the order process. Off course you will keep your responbility in supplying us with an accurate delivery address. We are quite busy here at our chocolate factory and will therefore not check or verify the delivery address supplied by you.
- Upon delivery of the products you have orderd you will become the owner of them. Be careful with your products, because once they are at your home, we will not accept any responsibility for loss and/or theft (not even from your Grandmam who is stealing some of your delicious chocolates).
- When you notice that after the delivery of the products to your home, some of them are damaged or defective or the quantity of the delivery is incorrect, or if you did not receive the products ordered, we shall have no liability to you other than as set out below.
- If you notify a problem to us under this clause, our only obligation will be:
- to make good any shortage or non-delivery;
- to supply and deliver substitute products if your original choice cannot be delivered for any reason;
- to replace any products that are damaged or defective; or
- to refund to you the amount paid by you for the products in question in whatever way we choose.
- Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the products.
- Chocolateque, any other party (whether or not involved in creating, producing, maintaining or delivering this website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this website in any way or in connection with the use, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this website or your downloading of any material from this website or any websites linked to this website.
- You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase products from our site. The importation or exportation of certain products to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the products you purchase.
- Notwithstanding the foregoing, nothing in these Terms and Conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
10. Intellectual Property
Every logo, design and the rest of the content of this website is protected by copyright, trademarks, database right and other intellectual property rights. You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this website or any portion of it unless expressly permitted by Chocolateque in writing.
11. Your Use of this Website
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that:
violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person;
is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law;
includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties; or
is interfering with any other person’s use or enjoyment of the website.
You will be held fully responsible for our losses and costs resulting from your breach of this clause.
12. Our Right to Suspend or Cancel your Registration
Upon breach of these Terms and Conditions we may suspend or cancel your registration immediately with a reasonable discretion.
13. Complaints or as we would like to call them: Notices
Any complaints or notices can be made via our contact page and will be responded within 5 business days. For those of you who like to send us mail – although we do stimulate the use of e-mail because we try to be a paper-few company – use our contact address in Belgium at indio BVBA - Chocolateque, Oude Postweg 4, 1600 Sint Pieters Leeuw, Belgium. All notices from us to you will be displayed on our website from time to time.
14. Events we can simply not control
We shall have no liability to you for any failure to deliver products you have ordered or any delay in doing so or for any damage or defect to products delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation to, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
15. Your privacy is valued – We promise
16. Governing law
The contract between us shall be governed by and interpreted in accordance with Belgian law and only Belgian courts shall have jurisdiction to resolve any disputes between us.
17. Entire Agreement