General terms and conditions

GENERAL TERMS AND CONDITIONS OF SALE B2B - Antoinette

General terms and conditions

1. An order, including those noted by our agents or representatives, is only binding if expressly accepted by us in writing. Cancellation of the order is not possible, unless after prior written agreement.

2. Goods shall be delivered within the agreed delivery period. Goods remain the property of the seller until full payment of principal, costs and interest. Nevertheless, the risks of loss or destruction of the goods sold will be borne in full by the buyer from the time of sale of the goods.

3. The buyer shall ensure that the goods can be delivered by the seller in a normal manner at the agreed place and time, including ensuring the accessibility of the place of delivery. If this is not complied with, the buyer shall compensate the seller for all damages, including waiting time, safekeeping costs and preservation costs.

4. The buyer must check the delivered goods immediately. Any defects must be reported to the seller on the spot and at the latest within 1 calendar day of delivery by e-mail to hallo@antoinette.store. After that period, the seller is only responsible for hidden defects that make the goods unsuitable for the use for which they are intended, insofar as the goods have not been processed in the meantime and insofar as the seller knew or should have known of the defects. The buyer shall inform the seller of the existence of the hidden defect within 1 calendar day at the latest, after discovering the hidden defect, by means of a registered letter with a detailed description of the defect. Complaints due to hidden defects shall not suspend the buyer's payment obligation.

5. With the exception of what is described in the previous article, the seller is not obliged to pay any compensation whatsoever, directly or indirectly resulting from goods delivered or sold by us, except in case of gross negligence or intent. The seller's liability shall in all cases be limited to the invoice value of the goods/services delivered. Under no circumstances can the seller be held liable for any indirect damages such as, but not limited to, loss of revenue, loss of contracts, capital costs, limitation of returns or any other losses or consequential damages whatsoever, both to the buyer and to third parties. The seller bears no responsibility whatsoever for the fault of appointees, even in the event of intent or gross negligence. In the latter case, the buyer must address the appointee directly.

6. Unless expressly agreed otherwise in writing, the invoice is payable by bank transfer within 30 calendar days of the invoice date. In the event of non-payment of all or part of the price, the outstanding amount shall be increased, ipso jure and without any notice of default being required, by annual interest of 12% and a fixed compensation of 10%, with a minimum of €10. Any non-payment shall entail the claimability of the outstanding invoices and shall entitle the seller, after notice of default, either to suspend any future deliveries or to dissolve the agreement, without prejudice to the right to damages.

7. If the buyer fails to fulfil its contractual obligations, the seller shall have the right, after notice of default, either to suspend its obligations or to terminate the agreement without judicial intervention, if the notice of default is not acted upon or not usefully acted upon within eight working days, without prejudice to the right to damages.

8. The buyer is not allowed to take private orders and resell them to its own private customers without the seller's exceptional explicit consent.

9. The buyer undertakes to place the order at least three days before the requested delivery date. If the buyer nevertheless wishes to receive an order more quickly, this must be agreed in writing by the seller and a rush order fee of 25% of the purchase amount of the order with a minimum of €10 applies.

10. Orders are only valid if requested via WhatsApp at 0468 48 55 79 or via email at hallo@antoinette.store. Orders through other channels, including but not limited to Instagram, will not be accepted.

11. When placing an order, the buyer expressly agrees to receive the order within the delivery or pick-up times set by the seller. Deliveries or pick-ups outside these delivery or pick-up times can only take place with the seller's express written consent.

12. When ordering, the buyer must explicitly indicate the possible delivery moments. The buyer shall take into account that the effective delivery time is subject to possible deviation.

13. Delivery from an order minimum of €30 excl VAT is free within Antwerp Singel. For delivery of orders below that amount, a delivery cost of €1.5 per kilometre applies from the address of the production bakery (Sint-Vincentiusstraat 22b, 2018 Antwerp) to the delivery address and back.

14. The delivery is always delivered by the seller as much as possible and if possible in reusable boxes labelled with the seller's logo. The buyer undertakes in good faith to use these properly and to always return the boxes washed with the next delivery. If no subsequent order follows, the buyer is obliged to contact the seller within one week regarding the return of the reusable boxes. If the buyer does not comply with these conditions, the following charges will apply:

• Returning dirty, unwashed boxes will incur a washing fee of €5 per box. These will be deducted from the next invoice.

• Boxes that break down at the buyer's premises will incur a replacement cost excluding VAT as follows

Large Araven box: €22.5

Small Araven box: €17.5

Transparent jar with black lid: €2.49

Reusable cake box: €9.5

Display bottle: €7.5

Pleated box: €6.5

• If the buyer himself chooses delivery in cardboard boxes, the buyer will pay €0.5 per box for this.

• The buyer is not allowed to use the reusable boxes for purposes other than storing Antoinette pastries. In the event of unauthorised use of the supplied reusable boxes, the washing charge of €5 per box or item applies and the item must still be returned.

15. The buyer undertakes to respect the storage instructions and shelf life. Antoinette products may not be sold or offered to third parties after the expiry of the shelf life.

16. All our agreements are governed by Belgian law. Any disputes arising under this agreement may only be brought before the courts of ..., department ....