The present conditions are concluded between Eurofoodmat S.A., a limited company under Belgian law, located at rue de la Cale Sèche, 34 - 4684 Haccourt – RPM-TVA BE 0476 778 952, hereinafter referred to as "Colichef", and persons wishing to make a purchase via our internet site http://www.colichef.frhereinafter referred to as the "User".
Packages may only be shipped to all countries of the European Union plus Switzerland.
The User who wishes to purchase goods on the Colichef site declares to have the full legal capacity to do so. Any person affected by incapacity, notably within the meaning of Article 1123 et seq. of the Civil Code, can in no way purchase on the Colichef site. The use of the Colichef site and the services that it offers are therefore under the responsibility of his/her legal representative. This legal representative must comply with these general conditions of sale. In any case, during the transmission of personal data, the legal representative should fill in the registration form personally or expressly authorise the person he/she represents to fill in the said form, the provisions relating to personal data as provided for in Article 8 below being applicable.
The parties agree that their relations will be governed exclusively by this contract, to the exclusion of all conditions previously available on the site.
If a condition is found to be lacking, it will be considered to be governed by the practices in force in the distance selling sector for companies having their headquarters in Belgium.
The order will be honoured subject to Colichef's capacity to refuse it. An order may not be honoured in the case of an error in the indicated price, the failure to settle previous purchases or in the case of returns or losses of articles deemed too frequent by Colichef.
Any order for a Product offered on the Site implies the prior consultation and the express acceptance of these general conditions of sale, this acceptance not being conditional on the User's handwritten signature. Pursuant to the provisions of the law of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, it is noted that the validation of the order as specified in article 3.3 below constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and shall be valid as proof of the completion of the order and of the payability of the sums due for the said order.
ARTICLE 1: OBJECT
These conditions shall apply to online sales within the European territory. They aim to define the terms of sale between Colichef and the User, from the order to the final services, including payment and delivery.
They regulate all the stages necessary for placing the order and to ensure the tracking of this order between the contracting parties.
ARTICLE 2: PRICE
Prices are indicated in euros and are valid for Europe. These prices are mentioned in EUROS and include all taxes (21% VAT), excluding delivery costs (see Article 5).
Colichef reserves the right to modify its prices at any time, but the products shall be invoiced on the basis of the purchase price in effect at the time of the validation of the order.
ARTICLE 3: ORDERING
The user has the possibility to order online:
- either from the references on the site
- or directly from the references in the Colichef paper catalogue (the most recent prices of the site take priority over the prices in the catalogues).
Colichef undertakes to honour the orders received on the www.colichef.frinternet site only within the limit of the available stocks of the products. If the article is out of stock, Colichef may deliver a similar article with equivalent or superior characteristics at an equivalent price.
ARTICLE 4: TERMS OF PAYMENT
In order to offer you the lowest prices and the best service, payment must reach us at the same time as your order or at the time of delivery at the latest.
To ensure that your order is validated, you must choose one of the following payment methods:
A) BY BANK CARD
The User transmits the number of his/her Visa card or Mastercard, the date of expiry of the card as well as the security code (3-digit number on the back of the bank card).
Colichef guarantees that the payment is secured so as to protect all the data related to the means of payment as effectively as possible.
B) BY BANK TRANSFER BEFORE DELIVERY
The User can pay via bank transfer, but may do so only prior to the delivery of the goods.
Payments by bank transfer must be made to the following bank account, accompanied by your order number:
Receiver: Eurofoodmat SA/Colichef
Bank: CIC WASQUEHAL BBD
C) BY PAYPAL
The User must log in to his/her PayPal account and pay for the order through that account.
ARTICLE 5: DELIVERY
Colichef prepares your order for shipment as soon as your payment method is validated.
A) DELIVERY PERIOD
The following delivery time and shipping costs are applicable for all articles available from stock.
Delivery in France, Belgium or Luxembourg takes place within 24 to 48 hours after dispatching. These deadlines are provided for informational purposes only and are non-contractual.
You must notify the carrier and Colichef Customer Service of any reservations on the product delivered (e.g. damaged parcel, parcel already opened, etc.).
Any problem of delivery (article missing or damaged) must be reported to us quickly (within 48 hours) on +32 (0)4 3741111. The returned item must then reach us within 14 days after reception, with a request for exchange or refund.
ARTICLE 6: WITHDRAWAL
Users have a period of 60 calendar days from the date of delivery of the products to return the new product(s) at their own expense and under their own responsibility.
The product(s) must be returned in their original packaging to the following address:
Colichef / Eurofoodmat s.a.
rue de la Cale Sèche, 34
4684 Haccourt, Belgium.
The following cannot be returned to Colichef:
o Damaged, incomplete, soiled, poorly unpacked or used items may not be returned.
o Colichef gift vouchers
o Articles damaged by negligence, misuse or repaired by third parties or by the User himself/herself
o Electrical appliances and books that have been opened or used
o The articles which are the result of a personal or special order
o Personalised articles (e.g. engraved knives or siphons)
o Articles likely to deteriorate or expire
In the event of abusive returns, Colichef reserves the right to refuse subsequent orders.
In the event of the use of the right of withdrawal within the abovementioned period, Colichef will reimburse the sums paid to the User within a period of 30 days from the date of receipt of the parcel by Colichef, with the exception of the costs of return and delivery of the products, which remain at the User's expense.
In the case of an exchange, the new fees for processing and transport will be at the User's expense.
In the case of a first order paid in several instalments (3 payments by cheque with no additional costs), the articles may be returned by respecting the above conditions but the client can only benefit from a credit voucher valid for the next order and not a refund of the returned product.
In case of reimbursement, Colichef will reimburse articles that have been returned correctly and which meet the conditions mentioned above. Costs for transport and return will not be reimbursed. In the case when the initial delivery costs are borne by Colichef (order for an amount giving the right to "free delivery" or in the case of a sales promotion) these costs are deducted from the amount refunded to the customer.
If an article returned by the customer is considered not to conform to the conditions of return and is therefore not accepted, Colichef undertakes to contact the customer to advise him/her that the article will not be refunded. The customer may then choose either to abandon the product in favour of Colichef or decide that the article should be returned to him/her but at his/her own expense.
In the case of an exchange, the transport costs of the new products will be at the customer's expense.
ARTICLE 7: 2-YEAR MINIMUM GUARANTEE
Even if the traditional manufacturer's guarantee is for one year, Colichef offers you an additional year of guarantee, i.e. two years minimum. The guarantee may occasionally be for a longer period, in which case the guarantee is specified in the description of the article.
Our goods are guaranteed from the date of the invoice against any manufacturing defect. The invoice issued with the reference number of the ordered article replaces the guarantee and must be attached in the case of the return of the article.
The guarantee does not cover apparent defects. Also excluded are defects and deteriorations caused by natural wear, an external accident, negligence, improper use or a default of maintenance.
Colichef will only be able to accept for return products located in Belgium and continental France. Transport under guarantee is also reserved for Belgium and continental France. The cost of transport and return are at the purchaser's expense. The costs of return and transport are borne by Colichef for certain articles, in which case this is specified in the description of the article.
ARTICLE 8: PROTECTION OF PRIVACY
The information which is requested from the User is necessary to process the order and may be communicated to the contractual partners of the company (accountants, lawyers, etc.).
It may also be transmitted to any competent authority for the settlement of disputes between Colichef and one of the Users.
In accordance with the law of 8 December 1992 relating to the protection of privacy with respect to the processing of personal data, you have the right to access and modify your personal data at any time, as well as the right of opposition if you no longer wish to be informed of our activities.
All personal data are intended for the internal use of Colichef
ARTICLE 9: INTELLECTUAL PROPERTY
All the constituent elements of the website (photos, images, logos, Flash® animations, etc.), as well as the technological elements (software creations, back-office administration, services offered, etc.) are protected by copyright and are the exclusive property of their respective authors, except in the limiting case of the full or partial transfer of rights in favour of Colichef.
The contents of the site (texts, articles, etc.) are the exclusive property of their authors and may not be reproduced or exploited without the agreement of the latter. Colichef only authorises the reproduction of extracts of its articles via RSS feeds present on its sites. In accordance with the provisions of the Code of intellectual property, any partial or total reproduction of the content of the website is prohibited, in any form whatsoever (reproduction, nesting, distribution, inline linking and framing techniques, etc.).
Direct links to downloadable files (whatever their format) present on our site are also prohibited.
If you want to establish a link with our site, please contact Colichef before setting up the link towards our website or its content.
The texts present on the website originating from external sources have been reproduced with the implicit or explicit agreement of their respective authors. In this respect, the sources and authors are referenced on the website.
Despite our vigilance, some photos or images may be different from the actual product. In no case are the photos contractual.
ARTICLE 10: FORCE MAJEURE
Colichef will not be responsible for the total or partial failure to perform its obligations under this Contract if such non-performance is caused by an event of force majeure, in particular the presence of computer viruses, a disruption or a total or partial strike by postal, transport and/or communications services, flood or fire.
Force majeure events will be considered as those fulfilling the criteria set by the jurisprudence.
In the case of a force majeure event, Colichef will notify the User within five (5) working days following the occurrence of the event.
Beyond a period of one (1) month of interruption due to force majeure, Colichef may not honour the order and will be held to refund the Purchaser if necessary.
ARTICLE 11: NULLITY
If one or more of the provisions of the present general conditions of sale are held to be invalid or declared as such in application of a law, regulation or following a final decision of a competent jurisdiction, the other provisions shall retain their full force and scope.
ARTICLE 12: APPLICABLE LAW
The present general conditions are subject to Belgian law. In the case of a dispute, Belgian law is applicable and only the courts of the judicial district of Liege will be competent.