Conditions of Sale
This document including any other documents referred to in it explains to you the Conditions of Sale (the “Conditions of Sale”) that shall apply to all sales of The French Cake Company products and services (the “Goods”) that you (the “customer” or “you”) may order from The French Cake Company SPRL, Rue du Hautmont 41, 1421, Ophain BSI, Belgium, registration number 0823.654.021 and having a place of business at Parc Industriel 26A, 1440, Braine Le Chateau, Belgium, (the “The French Cake Company” or referred to herein as “us”, “our” or “we”) either (a) on the internet via The French Cake Company website (the “Website”) www.thefrenchcakecompany.com or via our Sale Representatives (the “Sales Representatives”) whom you can reach by phone, email, via the contact form on the Website, face to face at a our premises or other location, or via social media or other digital interfaces. Contact details for The French Cake Company can be found on our Website.Before you confirm your order please:
Read through the Conditions of Sale, if required please print a copy for your reference.
By ordering any of the Goods on this Website, you agree to be legally bound by these Conditions of Sale. You will not be able to proceed with your order if you do not accept our Conditions of Sale as may be modified or amended and posted on our Website from time to time.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions of Sale at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions of Sale.
Unless proven otherwise, the data recorded by The French Cake Company constitutes proof of all transactions.
You agree that email and other electronic communications can be used as a means of communication and acknowledge that all contracts, notices, information and other communications that we may provide to you electronically comply with any legal requirement that such communications be in writing.
We may contact you by post, email or other form of electronic communications or provide you with information by posting notices on our Website.
You must be of a legal age to agree to these Conditions of Sale in order to place an order on the Website. Any orders placed in contravention to this provision will be null and void.
- PRODUCT AVAILABILITY
All orders placed on the Website, or via our Sales Representatives are subject to availability and acceptance by The French Cake Company.
We reserve the right to change the assortment of Goods proposed on the Website or by our Sales Representatives at any time without any form of notification.
- PHOTOS : ILLUSTRATIONS
All photographs, illustrations, text and diagrams on our Website or provided by our Sales Representatives are not contractual.
The French Cake Company is not responsible for minimal differences that may exist between the product photographs, illustrations, text and diagrams provided for customer information before purchase and the final Goods delivered to the customer.
- ACCOUNT REGISTRATION AND PERSONAL INFORMATION
In order to place an order on the Website, you will be required to register and create an online account. In order to register you will be required to provide up-to-date personal information, such as your legal name, phone number, address, email address and other information as required. You are responsible for ensuring safe keeping of your username and password.
The French Cake Company will not be held responsible or liable for any misuse of your account resulting from a third party access to and use of your password and account login.
If we detect misuse of your account or that a third party has breached your account, we will disable your account immediately and get in contact with you.
If you place an order on our website, your order will be processed as follows; once you have chosen a product or service, you may place the Goods in your shopping basket, you may then decide to continue shopping for other Goods and add them to your shopping basket or proceed to “Checkout”, you may also remove one or several Goods you have selected from your shopping basket.
When ordering via our Sales Representatives, a representative of The French Cake Company will follow the offer and order process on your behalf. You will be required to provide other personal information as applicable, such as billing address, shipping address and payment and contact details.
You warrant that all personal information provided to The French Cake Company is true and correct.
The French Cake Company may collect additional information at this time for security and anti-fraud purposes.
The French Cake Company have the right to refuse an order from customers with a previous history of dispute or bad payment.
- INTERNATIONAL ORDERS
If we agree to supply Goods ordered by our Website or Sales Representatives for delivery outside the Belgium, the Goods may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price including VAT and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
Please note that when shipping Goods internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you or a third party of any such laws.
- PRICES : TAXES AND SHIPPING
All prices shown on the product pages of the Website in EUR (euro) include Belgium VAT but exclude shipping costs, other taxes and or custom duties unless stated otherwise.
If you are an end consumer in direct contact with our Sales Representatives, we will quote prices in euro including Belgium VAT but excluding shipping costs and other taxes or customs duties unless stated otherwise. If you are a EU VAT registered business in direct contact via our Sales Representatives we will quote prices in euro excluding VAT and shipping costs and other taxes or custom duties unless stated otherwise.
All applicable VAT will be highlighted on your invoice as appropriate, but excluding shipping costs and other taxes or customs duties unless stated otherwise.
The French Cake Company reserves the right to modify prices and delivery costs at any time without prior notice. Shipping costs are not stated on the product pages but will be added when you select your choice of delivery options.
Shipping costs and VAT will be reflected on your order page, the last page before you are asked to confirm your order on the Website, or will be quoted by our Sales Representatives if you are in direct contact and will also appear on your invoice, if you choose to receive an invoice.Please refer to clause 20. Delivery for specific shipping options and details.
- CUSTOMER REVIEW AND CONFIRMATION
You should carefully check all details before placing your order on the Website or through our Sales Representatives, including without limitation the particulars of each sale; prices, size, volumes, quantity, flavours, fillings, design, style, colours, messages and other items which will be provided by the Website or the Sales Representative. When you have completely reviewed your order, first check the box next to “I have read and accept the Conditions of Sale” and then click on “Order” or similar button on the Website to place your order and pay, or if your order is through our Sales Representatives please provide an email confirming your order, receipt of this confirmation email from you will also imply acceptance of our Conditions of Sale. A link to our Conditions of Sale on the Website will be provided with your quotation if your order is placed through or Sales Representatives.
You are responsible for ensuring the accuracy of the details provided by you during the order process. The French Cake Company will not accept any order unless all the details requested from you have been entered correctly.
On receipt of your acceptance of order by a click on the “Order” button on the Website or via an order confirmation email from the customer, the customer is deemed to have accepted knowingly and unreservedly the full contents of their order.
Where requested for specific orders, you will be asked to return a signed copy of the order form by scanning and emailing the signed copy to the email address provided or by sending a signed copy by post. Your order will not be acknowledged where a signed order form is required until we receive the signed copy.
- Website payment by credit or debit card
By placing an Order, you consent to payment being charged to your debit / credit card account or electronic payment account as provided via the Website.
Payment will be debited and cleared from your account prior to the dispatch of the goods and or services to you.
You may only pay by credit or debit card as indicated on the Website.
All credit or debit card holders are subject to validation checks and authorization by the card issuer. When you pay for your order by card, we carry out certain checks which include obtaining authorisation from your card issuer to ensure you have adequate funds and for security reasons. This may involve validating your name, address and other personal information supplied by you during the order process against appropriate third party databases including the card issuer, registered credit reference agencies and fraud prevention agencies. If the issuer of your payment card refuses to authorise payment to The French Cake Company, you need to contact your card issuer directly to resolve this problem. The French Cake Company will not be liable for any delay or non-delivery due to any delay in payment processing.
By accepting these Conditions of Sale you:
undertake that all the details you provide to us for the purpose of purchasing the Goods are correct and that the payment card you are using is your own and that there are sufficient funds to cover the cost of the Goods ordered;
undertake that any and all Goods Ordered by you are for your own private or domestic use only and not for resale; and
authorise us to transmit the payment and address information provided by you during the order process (included any updated information) for the purpose of obtaining authorisation from your card issuer to ensure you have adequate funds, to authenticate your identity, to validate your payment card and for other security reasons, such as fraud prevention.
We shall contact you should any problems occur with the authorisation of your card that we are advised of by our payment provider.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from our Website.
Under this agreement the payment processing services for Goods purchased on this Website by credit or debit card are provided by Worldline Belgium.
Cards and payments currently supported are: BCMC,VISA,MASTERCARD,MAESTRO,VPAY.
- Payment by bank transfer
You may pay by bank transfer for orders placed via our Sales Representatives. Please do not forget to mention your invoice or reference number with your payment. Please note some financial institutions charge for bank transfers, especially international bank transfers, please ensure the full amount due on the invoice is paid in a timely manner to avoid any delays in your order.
- Payment by gift voucher
You may pay by gift vouchers purchased on the Website. Please enter the relevant code in the voucher box on the website if your purchase is via the website and pay any excess if required via debit or credit card payment.
- Multiple payments
In certain circumstances you will be offered differing payment terms, the payment terms will be highlighted on your invoice. Please respect the dates and amounts of these terms and use the relevant payment reference when making your payments.
Failure to make timely and accurate payments could lead to penalties and or cancellation of your order.
- Website payment by credit or debit card
- ACKNOWLEDGEMENT OF ORDER
Once you have placed an order through our Website or via our Sales Representatives you will receive an acknowledgement of Order (the “Acknowledgement of Order”) email, acknowledging the details of your order, including an order reference number along with a link to our Conditions of Sale.
Please review the contents of your Acknowledgement of Order to ensure everything is correct. Please keep a copy of this email for future reference if required.
The Acknowledgement of Order email is not an acceptance of your order, it informs the customer that their order has been received.
You agree that if we contact you to acknowledge receipt of your order such communications shall not amount to our acceptance of your offer to purchase the Goods ordered by you from our Website or Sales Representatives.
- PRODUCTION OF YOUR ORDER
Production of your order and shipment will only start after full receipt of payment. If any delays are incurred due to payment issues your order will be delayed until the issues are resolved, at which point a new delivery date will be provided by our sales representatives if required.
- PRODUCT UNAVAILABLE
The French Cake Company undertakes to notify the customer by email if the ordered product is unavailable. A full refund is available if you do not wish to select another product or service from The French Cake Company.
- CONFIRMATION OF ORDER
Upon shipment of your order following the necessary checks and confirmations by The French Cake Company, we will send you by email a written confirmation of order (the ”Confirmation of Order”).
The Confirmation of Order constitutes the acceptance of your order by The French Cake Company and indicates the existence of a binding sales contract (the “Contract”).
The binding Contract relates only to the contents of the order detailed in the Confirmation of Order email.
Please print review and retain a copy of your Confirmation of Order email for future reference.
The French Cake Company will retain information linked to all orders as required by applicable law. The customer may view these records either by registering on our Website or by contacting our Sales Representatives.
- GIFT VOUCHER
All gift vouchers purchased through the Website are valid for 12 months from date of purchase.
Gift vouchers can only be used for Goods produced by The French Cake Company.
The gift voucher can be redeemed for part or full payment of Goods based on the value of the gift voucher, you may pay for any balance if the voucher does not cover the full amount by credit or debit card.
Gift vouchers cannot be replaced if lost or stolen.
Gift vouchers which are altered or defaced will not be accepted.
- PORTIONS AND SIZING
The French Cake Company provides detailed information on the Website regarding the size of portions and cakes, please pay particular attention to this prior to placing your order.
- INGREDIENTS AND ALLERGENS
The French Cake Company provides details of all ingredients and allergens on our Website and with the delivery of our food based Goods. It is your responsibility to refer to this information prior to placing your order or consuming the Goods.
- STORAGE AND HANDLING
All our food based Goods sold via our Website or our Sales Representatives include labelling detailing storage and handling requirements. It is your responsibility to refer to this information prior to storing or consuming the Goods. Please note our cakes are fragile and require care when handling.
The French Cake Company delivers food based products via refrigerated vehicles to addresses in Belgium, Luxembourg, Netherlands, France, Germany and Great Britain using our in-house delivery service or approved third party providers. You will be notified of the delivery company to be used with your Confirmation of Order email where you have selected delivery in the purchase process.
We use BPost for all non-food based deliveries, you may select the method of delivery during the checkout process as applicable for your country.
The delivery costs and estimated delivery date will be mentioned on the Website or by our Sales Representatives before you place your order and summarised in our Acknowledgement of Order. Further information may be found on our Website or by contacting our Sales Representatives if required. We will contact you to advise of the estimated delivery date and time prior to shipping your goods. If there is an issue with this date and time you must contact us for alternative dates and times latest 2 working days prior to your shipment date.
We will use reasonable efforts to delivery your goods within the estimated delivery date and time we confirm in our Confirmation of Order email. If there are any issues on the day of delivery we will contact you with the contact details you have provided.
We require a signature by an adult to confirm the correct delivery of your purchased products as listed on the Delivery Note, at which point the responsibility for your purchased goods passes to you. We request that you inspect the goods prior to providing your signature to ensure your purchases arrive in good order and are not damaged. After receipt of your signature responsibility for the goods passes solely to you.
Please refer to clause 23. DAMAGED OR WRONGLY DELIVERED GOODS for information related to delivery of damaged or incorrect goods.
All deliveries are made to the delivery address you provided during the purchase process, any errors in the information provided may lead to additional charges due to waiting time, or other expenses incurred due to delays linked to incorrect addresses or no person present at the address provided to receive the Goods within the agreed times. Any redelivery requests due to incorrect address information being provided by you or no person present at that the address to receive the goods will be charged at our usual rates plus possible additional charges for lost time.
- RISK AND TITLE
The Goods will be at your risk from the time of delivery.
Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them including VAT, cost of delivery and or any other charges that may apply.
- RIGHT OF WITHDRAWAL
There is no right of withdrawal (the “Right of Withdrawal”) for personalised or food based Goods after you have placed your order.
For services such as training classes or workshops you have the right to cancel within 14 days of the date you placed your order, after this period there is no rRght of Withdrawal.
For non personalised Goods or non food based Goods, EU citizens you have the standard 14 days Right of Withdrawal from the date you receive the Goods.
To exercise the Right of Withdrawal, you can contact our Sales Representatives (telephone number and email address indicated on our Website using the form found in Annex 1 Retract Form at the end of this document) to obtain a return number (RN), which we will confirm in writing via post or email. Alternatively, you must inform us in writing using the form found in Annex 1 Retract Form at the bottom of this document to the address provided on the Website of your decision to withdraw from this contract sent by post within the 14 day period.
Refunds are only available if you have the right of withdrawal.
Any refunds as applicable will be processed after return of the goods in original condition with original packaging. All goods must be returned within 14 days of you providing your notice, if we do not receive the returned goods within 14 days no refund will apply.
We will carry out such refund using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise
You will bear the cost and risk of the return of products and goods unless the goods were faulty or damaged on delivery.
The Customer will be liable for any decrease in the value of the product if the deterioration is caused by a use beyond the ordinary quality inspection and functional testing of the product. Quality inspection and functional testing is understood to mean the testing of the product as one would usually do in a retail outlet. Consequently, if the product is damaged, The French Cake Company will deduct the cost of refurbishment or replacement from the refund.
- DAMAGED OR WRONGLY DELIVERED GOODS
We are unable to exchange, or accept return of customized or edible Goods which have been damaged in transit, but will offer a full refund of purchase price of the Goods in this situation following proof of damage including a full description and photo’s.
We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost of returning the goods to us where applicable, provided that you return the goods to us and the conditions set out in section 21 are met. We must also be reasonably satisfied that:
the goods have not suffered damage after delivery;
the goods have not been misused or used other than in accordance with the instructions; and
the problem is not due to normal wear and tear.
In addition to the requirements of refund, the goods in terms of which you are claiming a refund must have:
been damaged on delivery;
been delivered in a faulty condition;
have been delivered to you in error.
- ACCURACY OF PRICING AND PRODUCT DETAILS
While The French Cake Company endeavours to verify the accuracy of any information it places on the website, in advertisements or catalogues or by the Sales Representatives, it makes no guarantees, whether express or implied, in relation to the accuracy, reliability and completeness of such information.
The French Cake Company does not confirm the price of a product until a Confirmation of Order has been issued by The French Cake Company, indicating the existence of a binding Contract.
While every effort will be made to ensure that the descriptions, photographs or graphical representations of The French Cake Company products displayed on the website, in advertisements, or in a catalogue or by the Sales Representatives, are as accurate as possible, The French Cake Company does not warrant that such materials or other content is error-free, whether as a result of inaccuracy, omission, obsolescence or otherwise. Accordingly, the customer’s sole remedy in the event of any such error is to return the product as set forth in our return policy.
- PROCESSING REFUNDS
We will examine any returned Goods and will notify you about your refund or replacement item via email within 14 days of you returning the goods to our offices. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
- FORCE MAJEURE
We shall have no liability for delays or failures in delivery or performance of our obligations to you resulting from any act, events, omissions, failures or accidents that are outside of our control (“Force Majeure”), which, without limitation, include;
strikes, lock-outs or other industrial action,
shortages of labour, fuel, power, raw materials,
late, defective performance or non-performance by suppliers,
private or public telecommunication, computer network failures or breakdown of equipment,
civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war,
fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster or extreme weather conditions,
impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport,
acts, decrees, legislation, regulations or restrictions of any government
other causes, beyond our reasonable control.
Our performance will be deemed to be suspended for the period that the event of Force Majeure continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to minimise any delay caused by Force Majeure or to find a solution by which our obligations may be performed despite the Force Majeure event. We shall promptly notify you of any Force Majeure event giving details of it and (where possible) the extent and likely duration of any delay.
Where the period of non-performance or delay in relation to any event of Force Majeure exceeds 30 days from the date of notice to you of the event of Force Majeure, either you or us may, by written notice to the other, terminate the Contract with immediate effect upon service.
- COMPLAINTS AND NOTICES
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at firstname.lastname@example.org or by registered, hand delivered post at; The French Cake Company, Rue du Haut Mont 41, 1421, Ophain BSI, Belgium.
Notices will be deemed received on the date referenced on the Registered Post documentation.
- ENTIRE AGREEMENT
We each acknowledge that, in entering into a Contract, neither of us has relied on any express or implied representation, undertaking or promise given by the other from anything said or written in any negotiations between us prior to such Contract except as has been expressly incorporated in such Contract.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of Contract as provided in these Conditions of Sale.
- LIABILITY AND INDEMNITY
Notwithstanding any other provision in the Conditions of Sale, nothing will affect or limit your statutory rights; or will exclude or limit our liability for;
death or personal injury resulting from our negligence,
fraud or fraudulent misrepresentation,
any matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website and we accept no liability of any kind for any loss or damage resulting from action taken in reliance on material or information contained on the Website.
We will not be liable, in contract or tort (including, without limitation, negligence), or in respect of pre-contract or other representations (other than fraudulent misrepresentations) or otherwise for:
any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings and any other consequential loss); or
any loss of goodwill or reputation, or
any special or indirect losses, or
any loss of data, or
wasted management or office time, or
any other loss or damage of any kind suffered or incurred arising out of or in connection with the provision of any matter under these Conditions of Sale and/or the Contract and/or the use of this Website or any aspect related to your purchase of the Goods even if such losses are foreseeable or result from a deliberate breach of these Conditions of Sale by us that would entitle you to terminate the Contract between us or as a result of any action we have taken in response to your breach of these Conditions of Sale.
Without prejudice to the terms of this clause and in the event that we are unable to rely upon it, our liability for all and any losses you suffer as a result of us breaking the Contract, whether or not deliberate, is strictly limited to the purchase price of the Goods you purchased.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, including but not limited to losses (including loss of profit, revenue, goodwill or reputation), costs and expenses, including reasonable administrative and legal costs, arising out of any breach of these Conditions of Sale by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information with your authority.
This clause does not affect your statutory rights as a consumer, nor does it affect your contractual cancellation rights.
- INTELLECTUAL PROPERTY RIGHTS
The Goods of The French Cake Company are protected by copyright, trademarks, trade names, knowhow and other intellectual property rights in the most extensive interpretation possible. In all cases intellectual property rights in the cakes, designs, drawings, models and materials displayed on the online website and/or exchanged by The French Cake Company with the client are and remain with The French Cake Company. The cakes, designs, models, drawings and other materials from The French Cake Company may not be reproduced in whole or in part, modified, linked to or used for commercial purposes without the prior consent of The French Cake Company.
Should any clause be considered invalid or unenforceable by the judgement of a court of competent jurisdiction, all other provisions shall remain in full force and effect and shall not be affected therefore for the term of the agreement between parties.
The parties agree, however, to replace, when possible, any provision declared invalid by a provision which shall reflect their initial intent, as objectively and consistently as possible and in accordance with the basic relationship existing between the parties.
- FINAL PROVISIONS
Proof of Agreement. The Acknowledgement of Order and Confirmation of Order that are sent to you by email are deemed to be received when you are able to access them on your computer, mobile or handheld device. The Acknowledgment of Order, Confirmation of Order and any automatic recording systems used by the Client Relations Centre or the Website will be proof of a binding agreement between you and The French Cake Company.
- APPLICABLE LAW AND COMPETENT COURT
This agreement between parties is governed by the law of the country of Belgium. All disputes arising out of or in connection with the present contract shall be finally settled by the Courts of Brussels.
Without any restriction to bring proceedings before a Court, The French Cake Company or the Customer will first make reasonable efforts for a period of thirty (30) days to resolve amicably any dispute or failure to agree that may arise out of or relate to the product, the Conditions of Sale or any breach thereof.Annexe 1
Books VI and XIV of the Code of Economic Law
(Please complete and return this form only if you wish to withdraw from the contract)
For attention of:
Dominique van Beckhoven
The French Cake Company SPRL
Parc Industriel 26A
1440 Braine Le Chateau
I / We (*) notify you / notify (*) hereby my / our (*) withdrawal of the contract for the sale of the goods (*) / for the provision of services (*) below
Order reference (*)/date of receipt (*)
Name of the consumer (s)
Address of the consumer (s)
Signature of the consumer (s) (only in case of notification of this form on paper)
(*) Biffez la mention inutile.