1. Purpose of the contract
The purpose of these general conditions of sale is to set the contract provisions between SA/SPRL Fromagerie Biologique de Vielsalm, with head office at Rue du vivier, Rencheux 63 - 6690 Vielsalm – Belgium, registered in the CBE under number BE0451.413.155, (hereafter called the “Company”) operating the Brand (hereafter called the “Brand”) and the customer, a natural or legal person (hereafter called the “Client”). In the provisions solely applicable to a natural person Customer, he will be defined herein using the term "Consumer" as defined in Article 1 of the Code of Economic Law.
Acquisition of a good through the site https://shop.loicq.be (hereafter called the “Site”) implies unreserved acceptance by the Customer of these conditions of sale.
The Companyreserves the right to modify its conditions of sale at any time. In this case, the conditions applicable will be those in force at the date of ordering by the Customer.
Only persons over the age of 18 may place an order on the site.
2. Consumer right of withdrawal
The Consumer (any natural person who acquires or uses for purposes excluding any professional character of products placed on the market) has the right to withdraw from this contract without giving a reason within fourteen days.
The right of withdrawal in this article applies only if the agreement is concluded remotely with this commitment (internet site, telephone...). The right of withdrawal is not therefore applicable in the case of reservation of goods without commitment on the site and removal at the store.
The withdrawal period expires 14 days after the day when the Consumer, or a third party other than the carrier designated by him, physically takes possession of the good or of the last good ordered.
To exercise the right of withdrawal, the Consumer shall notify his decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by mail or email to the following address: [firstname.lastname@example.org]).
The Consumer may use the withdrawal form template in the appendix but this is not mandatory.
In order for the withdrawal period to be complied with, it is sufficient to transmit the communication about the exercise of the right of withdrawal before the end of the withdrawal period (14 days from delivery of the items).
In the case of withdrawal by the Consumer in connection with this contract, the Company will reimburse him all payments received from him (by the same payment means as that used at the time of purchase), including delivery costs (with the exception of additional costs arising due to the Consumer having chosen, if applicable, a delivery means other than the least costly standard delivery proposed by the Company) without excessive delay and, in any case, not later than fourteen days from the day when the Consumer informed the Companyof his decision to withdraw from this contract.
The Companywill make a reimbursement using the same means of payment as that which the Consumer used for the original transaction, unless the Consumer expressly agrees to a different means; in any case, this reimbursement will not incur costs for him.
If the Consumer has received goods under the contract, he will have to return the goods to the Companywithout undue delay and, in any case, no later than 14 days after having communicated his decision to withdraw from this contract. This delay is deemed complied with if the Consumer returns the good prior to expiry of the fourteen day period.
The Consumer will be responsible for the direct costs of return of the goods. These costs are estimated at a maximum of about 30EUR. If the merchandise cannot be sent by mail, the Company will pick them up from the Consumer. The Companywill indicate the cost or make an estimate if it is not reasonably possible to calculate it in advance.
Return of merchandise will be carried out in accordance with the rules provided at article 9of these conditions.
The right of withdrawal provided under this article will not however apply in the case where the items ordered cannot, by their nature, be returned or have been personalised in relation to the Consumer’s / Customer’s information and characteristics and cannot therefore be reused or resold to another Customer / Consumer or has already been used by the Consumer / Customer. Among others:
3. Geographic area
Online sales of items presented on the site is reserved for Customers who reside in Belgium.
In accordance with the regulation on geo-blocking(Regulation (EU) no 2018/302 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market), the Company will not block access to its online store for Customers originating from another Member State, and will not redirect Customers to a local online store, solely on the basis of their nationality, place of residence or place of establishment.
However, the Company reserves the right not to respond to an order from a Customer residing in another country or to refuse to deliver to an address located in another country.
4. Characteristics of items offered for sale
The items offered for sale are those shown in the catalogue published on the site. Each product is accompanied by a description established by the Company. The catalogue photos are as faithful as possible, but cannot ensure perfect similarity with the item offered, particularly as regards the colours.
Despite all care taken in writing the product sheets put online of our assortment, the [shop.loicq.be] site is not immune to the presence of erroneous content related to confusing, incomplete, inaccurate or poorly written information. Similarly, the site may be subject to occasional technical malfunctions. As soon as it becomes aware of it, the Company makes every effort to correct these shortcomings as quickly as possible.
The Company assumes no responsibility for direct or indirect damages, of a material or immaterial nature, caused by its site and the related websites. Whether in terms of visuals or texts, errors found on the site do not give the buyer the right to remove payment for a product or to demand any compensation. In response to any dispute by the buyer, the Company will provide, with the utmost objectivity and maintaining a commercial spirit, the solution it considers the most appropriate.
The products presented on the site are offered within the limit of available stocks.
Prices shown on the site are prices inclusive of taxes in Euros taking into account the VAT applicable on the day of the order, except for typographical errors. Any change in rate may be passed on to the price of the items. The Company reserves the right to change its prices at any time, it being understood that the price shown in the catalogue on the day of the order will be the only one applicable to the Customer. Prices shown include order processing, transport and shipping costs.
The Company takes all reasonable steps to ensure that the prices of the products are included in the system correctly. However, the[shop.loicq.be] site contains a large number of products and it is not impossible that despite the Company’s reasonable efforts some products on the website are incorrectly priced. When, following incorrect introduction of data, a printing or calculation error, prices significantly lower than prices generally applied are advertised, the lowest price is applied to the Customer, except where such price is unreasonable, that is, there is no relationship with the true value of the product ordered. In this case, the order is cancelled, even if it has been automatically confirmed by the Customer. The Customer is advised as quickly as possible so that he can, if he wishes, place a new order at the correct price.
A Customer who wishes to purchase a product on the site shall:
The Customer can at any time during order processing view the details of his order as well as the total price and correct any errors, prior to confirming and expressing his acceptance.
The Customer will receive an order confirmation email.
The Company reserves title to the items until complete settlement of the order, that is, collection of the price of the order by the Company.
The Company reserves the right to cancel or refuse any order placed by a Customer with which there is a dispute relating to payment of a previous order.
Order confirmation entails acceptance of these conditions of sale, acknowledgement of complete knowledge of them and renunciation of the prevalence of his own conditions of sale or other conditions. All data provided and the confirmation recorded will constitute valid proof of the transaction. The confirmation is equivalent to signing and acceptance of the transactions carried out.
Purchase vie the website with payment online and home delivery
Only products including the “home delivery” option in the product sheet may be purchased online and delivered to your home. Delivery costs are clearly listed in the order summary.
Your order is delivered to your home as described at Article 8 of these general conditions.
Purchase via the website with payment online and in-store pick-up
For certain products the Customer may purchase the product online and pick it up at the store of his choice. At the step “Select the method of delivery”, the Customer chooses the store where he wishes to pick up the products.
As soon as the order is ready for the Customer, he will be informed by an email.
The Company cannot be held responsible for untimely preparation or for the absence of certain items. If the order is incomplete, the store will inform the Customer as soon as possible. Payment for the merchandise is done online at the time of placing the order. The Company will reserve the items ordered in the store for a period of 7 days. If the Customer fails to take delivery of his order within the aforementioned period, despite electronic or email reminders, the Company is entitled to cancel the order.
7. Payment methods
Orders placed on the site are payable immediately.
By payment online, by one of the following payment methods: Bancontact, Visa, MasterCard, Maestro, Paypal.
To ensure security of online payment and the Customer’s private data, transaction data are sent after encryption by SSL technology. The Customer does not need to have any particular software for paying using this technology. The Customer will recognize a secure SSL connection by the “padlock” symbol appearing in the status bar at the bottom of his browser.
The Company cannot be held responsible for delivery delays and/or non-delivery of the Customer’s order due to refusal of his bank card issuer to make his payment. Orders not accompanied by a valid payment in the name of the cardholder are not accepted or processed.
By in-store payment when picking up merchandise reserved online and in stock at the store at the time of placing the order. In this case, payments may be made in cash, with Visa card, MasterCard, Bancontact/MisterCash, Company gift cards, EcoCheques/EcoPass.
8. Delivery of products
The delivery time depends on the item ordered.
The Company makes every effort to deliver orders placed by the Customer within the expected time.
If the items ordered are not delivered within 30 days from the date of the order, and if this delay is not linked to a case of force majeure or a delay of payment by the Consumer, he may cancel the order by sending a registered letter with acknowledgement of receipt to the following address: Rue du vivier, Rencheux 63 - 6690 Vielsalm -Belgium. The amounts paid by the Customer will then be fully reimbursed.
For corporate Customers, delivery times are expressed in business days, but are only given as an approximate indication. In the event of delay, the agreement may not be terminated to the detriment of the Company, and the Customer cannot claim damages from the Company.
A case of force majeure is any circumstance arising outside the Company’s will and control, which wholly or partially impedes fulfilment of its obligations. Considered as cases of force majeure, among others, are: war, road closure, insurrection, epidemic, natural circumstances, strikes or lock-outs, fire, flood, seizure, lack of means of transport, general insufficiency of raw materials or products, limits to energy consumption, disturbance of activity, of supply of power, of a (telecommunication) network or a connection or systems of communication used and/or the unavailability at any time of the website, late delivery or non-delivery, to the Company or to one of its suppliers.
If the Customer has not opted for delivery at one of its points of sale:
The delivery method is specified in the information about the item and in the confirmation email.
Unless otherwise expressly specified, products delivered to corporate Customers are delivered EX WORKS of the Company’s stores or the place of delivery agreed by the aforementioned Customer. Transfer of risks relating to deterioration, destruction and disappearance of products occurs at the time of delivery of the products.
In accordance with Article VI.44 of title VI “Market Practices and Consumer Protection” in the Code of Economic Law, the risk of loss or damage of goods is transferred to the Consumer when he, or a third party designated by the Consumer, other than the carrier, takes physical possession of such goods. However, the risk is transferred to the Consumer on delivery of the goods to the carrier when it has taken responsibility for carriage of the goods by the Consumer and the choice was not proposed by the company, without prejudice to the rights the consumer has with respect of the carrier.
All products sold remain the property of the Company until full payment of the amount of the principle, interest and costs. During this period, the Customer may not sell or pledge the goods sold to third parties.
On receipt of the products ordered, the Customer or recipient shall check that the goods delivered are in good condition and be aware of its conditions for use on the instructions for use provided.
In the event that one or more of the products ordered are missing or deteriorated, the corporate Customer or the consignee must make claims no later than three days after delivery, under penalty of foreclosure.
Where applicable, the Customer agrees to pay upon receipt all taxes, duties and other charges present and future due for the delivery of the said products themselves; the Company’s joint liability may at no time be committed as such.
9. Return of products
To make a return, the Customer must first contact the Company.
The method of transport to be used, which varies depending on the products, may then be communicated to him.
Within 7 days after the contact the Customer will receive a return slip which must be attached to the product returned. In the absence of this slip, the product returned cannot be processed within the usual time. The product must be sent to the return address indicated on it.
The return slip includes the invoice number, without which the goods cannot be taken back.
Any defect of conformity must be reported by the Consumer to the Company within two months of discovery. Otherwise, the Customer will no longer be able to avail themselves of these defects.
For a professional purchaser, a request based on a hidden defect must be made no later than six months after delivery, under penalty of foreclosure. In the event the non-Consumer Customer’s requests are substantiated and acceptable, the Company’s obligations are limited to replacement or repair of non-conforming goods, or repair of the defect if it concerns provision of a service, at the seller’s choice. A non-Consumer Customer will not be entitled to any other compensation.
All claims, requests for exchange or refund shall be made by postal mail to the following address: Rue du vivier, Rencheux 63 - 6690 Vielsalm -Belgium. Goods will only be taken back by the Company if they are in their original undamaged packaging with all accessories and manuals.
In the event of conforming goods returned (for example, Customer error when placing the order), the Customer must contact the Company which will inform it of its agreement regarding the return of the goods and as to the procedures for the return. In any event, return costs are the Customer’s responsibility and the goods will be returned under the Customer’s responsibility, in their original packaging, intact, accompanied by any accessories (instructions for use and documentation) to the following address: Rue du vivier, Rencheux 63 - 6690 Vielsalm -Belgium or to the store in which the goods were purchased and withdrawn.
The Company reserves the right to wait for the goods to be recovered or the Customer to provide proof of having returned them before making the refund.
If the Customer wishes to return or exchange a product purchased in a store after on-site reservation, he must contact the store’s reception where the purchase was made who will determine the conditions for return or exchange of the products.
In the event of non-conformity, the Consumer may, within two years from delivery of the goods, obtain repair or replacement of the goods at no cost, and if impossible cancellation of the sale or a reduction of the price. This means that in the event of defect, the item may be repaired or replaced at no charge up to 2 years after store pick up or delivery.
Defects of conformity that appear within 6 months from delivery of the goods are presumed to have existed at the time of delivery, unless proven otherwise. The Company may contest this presumption if it is not compatible with the nature of the goods or the defect of conformity invoked.
In the event of a product failing upon first use under normal conditions of use and within 30 days after delivery, the Company undertakes to exchange the product after return of the product and expert assessment. Shipping costs related to the product’s return will be exceptionally refunded and the costs of the second shipment will also be borne by the Company.
The Company guarantees that its goods comply with the Consumer’s order and that it meets normal expectation that it may have, given the product’s specifications. The Company also guarantees that its goods comply with all the laws in force at the time of the order. This guarantee assumes normal use of the product in accordance with the instructions for use and maintenance.
As far as possible and reasonable, the Consumer has the choice between repair or replacement. He has the right to require a reduction in the price or cancellation of the contract of sale only if the repair or replacement proves to be excessive or impossible, or if it cannot be done within a reasonable time.
However, the Consumer will not be able to invoke the legal guarantee for changes in time or place of delivery, or for defects of which he was aware at the time of purchase.
The following are excluded from the legal guarantee:
To invoke the guarantee, the Consumer must be able to present the invoice or original proof of purchase. The guarantee period takes effect at the time of receipt of the product by the Consumer. The guarantee can only be invoked in respect of the Company. If the Consumer calls the manufacturer directly, any costs will not be the responsibility of the Company. In case of intervention by a third party not designated by the Company, the guarantee will be null and void.
If a commercial guarantee applies, the details of this guarantee are included in the description of the item on the site.
For products used for professional purposes, the manufacturer’s/supplier’s limited warranty applies/corporate Customers will have a fixed 6-month guarantee period.
11. Processing of personal data
The Company respects its Customers’ privacy and that of anyone for whom it is required to hold personal data.
The way in which the Company collects and uses personal data is governed by Belgian legislation, specifically (i) the European Regulation (EU) 2016/679 of April 27, 2016 (General Data Protection Regulation in force on May 25, 2018 - the “GDPR”) in force on May 25, 2018, and partially repealing the Belgian law of December 8, 1992, on protection of privacy with regard to processing of personal data previously in force and (ii) to (future) Belgian legislation implementing the aforementioned Regulation. We confirm that all processing of Customers’ personal data and that of any person concerned in general is in compliance with the aforementioned Regulation.
Therefore, by subscribing to our services, the following personal data are likely to be collected:
This data is necessary for the purposes of processing.
Processing of this personal data is based
In the latter case, your prior consent will be explicitly requested for processing of the desired personal data.
The Company will not disclose your personal data to third parties, except where necessary in connection with the supply of services and their optimisation (such as, without limitation, preparation of an invoice, a satisfaction questionnaire for internal statistical purposes, etc.). In this context, your personal data may be made public to payment partners, software vendors, cloud partners, transport partners, external computer consultants, insurance companies, service providers and any other commercial partner which we may be required to use in the delivery of our services.
If it is necessary, in this context, for us to disclose your personal data to third parties, the third party concerned will be required to use your personal data in compliance with the obligations required by the GDPR.
The Company also collects anonymous information (total number of visits to the site, number of visitors on each page of the site, domain names of visitor internet access providers, IP addresses, cookies, etc.), intended for behavioural and marketing analyses.
The Company, in the process of online sales, only has an obligation of means. It cannot be held liable for damage resulting from use of the internet such as data loss, intrusion, virus, service disruption or other involuntary problems.
For any order shipped outside Belgium, the Customer is considered the importer of the products ordered and will fulfil the related legal obligations. It is the Customer’s responsibility to check the possibility of importing the products ordered with his country’s authorities.
The particulars indicated by the Customer, when entering the information inherent to his order, commit him. The Company cannot be held liable for errors made by the Customer in the wording of the recipient’s address for the order (including the delivery address and the invoicing address) and delivery delays or inability to deliver the products ordered that such errors may create.
The Company is not required to meet its obligations if a case of force majeure occurs, as defined in Article 8 of these conditions. In this case, the Company may either suspend its obligations for the duration of the case of force majeure, or terminate the contract.
The Company reserves the right, at any time and for any reason, to delete, modify or supplement, without prior notice, the content of this site. The information on this website cannot be used under any circumstances against the Company.
Nor canthe Company be held responsible for any damage experienced by a visitor when visiting the site, in the event of disturbances, interruptions or any faults in the electronic publication of the website or in the inability to access the website.
This site provides links or references to other sites. The Company has no control over these websites. Consequently, the Company cannot be held responsible for the content or characteristics or for any form of harm by the use of external links.
Sending of illegal material to the site or from the site, such as threatening, blasphemous, discriminatory, racist, obscene or pornographic material which contravenes national or international law is prohibited.
The Company reserves the right to delete data sent by users if it does not correspond to the site’s objectives.
The Company may not be held responsible for fraudulent practices of third parties, such as among others false gift or purchase cards, false contests, false demands for payment, etc. In case of doubt concerning an action, a promotion and/or any other commercial transaction, we advise you to always contact customer service.
13. Claims and dispute settlement
The Company always hopes to fully satisfy its Customers. If, however, the Customer has claims to make about the Company’s goods or services, it is invited to contact it at the Company’s [email address]. The Company will make every effort to process the claim within 7 days.
Please note that email communications are not always secure; therefore, please do not mention information concerning your payment card or sensitive information in emails that you send to us.
For all disputes relating to the execution or interpretation of these Conditions of Use, only the courts of the company’s head office will have jurisdiction.
14. Withdrawal form
(Appendix 2 of Book VI of the Code of Economic Law)
Please complete and send this form only if you wish to withdraw from the contract.
- Attention: Rue du vivier, Rencheux 63 - 6690 Vielsalm -Belgium
- I/We (*) hereby notify you of my/our (*) withdrawal from the contract for the sale of the goods (*)/for provision of the service (*) below:
(description of goods)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only in case of notification of this form on paper)
(*) Strike out where irrelevant.