In'tolérance, intolérance, Condition général e-commerce fabriquant
GENERAL TERMS AND CONDITIONS OF SALE - IN'TOLERANCE
1. Definition and application
The present general terms and conditions of sale (hereinafter referred to as the "General Terms and Conditions of Sale") can be consulted on the website https://intolerance4.odoo.com/ (ci-après: le «Site Web»).
The Website and related services are provided by:
The company XXX [contact details of the individual or company], whose trading name is IN’TOLERANCE (hereinafter: “IN’TOLERANCE” and “We”)
For the purposes of these General Terms and Conditions of Sale, the following definitions have the following meanings:
(ii) "Products": All goods offered for sale by IN’TOLERANCE.
The General Terms and Conditions of Sale apply to all current and future sales of Products by IN’TOLERANCE to the Client. By using the Website, the Client agrees to the General Terms and Conditions of Sale, as well as all other rights and obligations mentioned on the Website.
The present General Terms and Conditions of Sale are fully applicable, except in the case of an express derogation. An express derogation is only valid to the extent that it results from a mutual agreement expressly provided for in writing. These express derogations are intended to replace or supplement the clauses to which they relate. The other provisions in force of these General Terms and Conditions of Sale remain fully applicable in all cases.
IN’TOLERANCE reserves the right to modify and/or supplement its General Terms and Conditions of Sale at any time for future orders. We advise you to read and consult our General Terms and Conditions of Sale regularly. Any future changes will have no effect on ongoing orders and the contracts arising from them, unless otherwise stipulated by law.
2. Eligibility for online purchase
Before making purchases on the Website, you must provide a number of personal data. In particular, Customers must state their real name, phone number, email address, and any other information requested, as indicated on the Website. Furthermore, at the time of placing an order, you are required to provide payment details. You declare and guarantee that the payment information provided is both valid and correct, and you confirm that you are the person corresponding to the information provided.
3. Our offer
IN’TOLERANCE offers food products from carefully selected third-party brands, chosen for their quality and compliance with the requirements of customers with food intolerances. These products are subject to these General Terms and Conditions of Sale, but benefit from the specific guarantees provided by each brand. IN’TOLERANCE acts as a distributor and cannot be held responsible for the guarantees or defects of the products that are the direct responsibility of the manufacturers.
IN’TOLERANCE is in no way responsible for any issues, allergies or otherwise related to the products. In case of a problem with a product, you can contact IN’TOLERANCE to inform them.
Our online offering is presented with the utmost care. IN’TOLERANCE provides information on the characteristics of the Products, including technical descriptions and photographs illustrating the Products. We provide this information within the limits permitted by technical resources. The images displayed on our Website are an approximate representation of the substantial characteristics of our Products.
We make every effort to ensure that the colours of our Products, as displayed on our Website, match reality. However, we cannot guarantee that the display on your screen will perfectly match the colours of our items, as computer screens may vary.
IN’TOLERANCE offers for sale Products that are in stock and available for dispatch from our distribution centre. However, we reserve the right to apply specific conditions to a particular offer, such as a limited validity period. In such cases, the offer is only valid within the limits of available stock. Such specific conditions only apply if they have been explicitly communicated prior to the order.
4. Acceptance of your online order
Once your order has been placed, you will receive an acknowledgment by email detailing your order. This email does not constitute acceptance of your order, but simply confirms that we have received your order.
All orders must be accepted and available. The items in your shopping basket are not reserved and may be purchased by other customers.
Unless you cancel your order, the acceptance of your order and the conclusion of the contract between you and IN’TOLERANCE will be effective as soon as we send you an email confirming that the goods have been dispatched.
The parties expressly acknowledge that forms of electronic communication constitute a valid agreement. Within the limits permitted by law, IN’TOLERANCE may use all electronic documents in its possession to prove the existence of the Sales contract. A simple, digital, or qualified electronic signature is not required as evidence.
IN’TOLERANCE reserves the right to refuse your order in the event, for example, that we are unable to obtain payment authorisation, that shipping restrictions apply to a particular item, that the ordered item is out of stock or does not meet our quality control standards and is removed from sale, or that you do not meet the eligibility criteria set out in Article 3 of these General Terms and Conditions of Sale.
IN’TOLERANCE reserves the right to limit multiple quantities of a Product to be shipped to a Customer or to a postal address. Each Customer agrees not to purchase the Products offered on the Website solely for the purpose of reselling them.
IN’TOLERANCE also reserves the right to refuse the processing of a transaction or the provision of services to a Client, at any time and at its sole discretion. We cannot be held responsible to you or to any third party in the event of the withdrawal of goods from the Website or the sale of goods, nor in the event of the deletion, filtering, or modification of any material or content from the Website, or for having refused to process a transaction or having followed or suspended any transaction after processing has begun.
5. Price
The prices of the Products displayed on the Website are indicated in Euros and include VAT and other taxes. We reserve the right to change our prices at any time. However, we are committed to always applying the prices indicated on our Website at the time of your order. Price changes due to changes in VAT rates will be the responsibility of the Customer.
The price of each Product does not include delivery costs and other additional charges.
IN’TOLERANCE will communicate these additional costs at the final stage of the online ordering process. The price indicated in the order confirmation is the final amount to be paid. Discount vouchers and gift cards cannot be combined with other offers, promotions, or discounts displayed on the Website.
Any obvious error in the price, such as an evident inaccuracy, can always be corrected by IN’TOLERANCE even after the conclusion of the sales contract.
The Client must communicate in writing any claims regarding the price or payment within seven (7) calendar days after receiving confirmation of the order. The filing of a complaint does not suspend the payments due.
If your credit/debit card is not denominated in euros, the final price will be calculated according to the applicable exchange rate on the day your credit/debit card company processed the transaction.
6. Payment
For online orders, we accept the payment methods clearly indicated on the Website. IN’TOLERANCE may extend the accepted payment methods at any time.
The payment is only debited from your account at the time of dispatch of your order by IN’TOLERANCE. By using a credit or debit card, you confirm that you are the cardholder or that you have been authorised to use this credit or debit card by the cardholder. All credit or debit cardholders are subject to validation and authorisation procedures from the card issuer. If your payment card issuer refuses to authorise the payment to IN’TOLERANCE, we cannot be held responsible for any delay or non-delivery of the items.
We take all reasonable measures to ensure the security of online transactions.
Furthermore, we take all reasonable precautions, to the extent that it is within our control, to keep the details of your order and payment secure. However, in the absence of negligence on our part, we cannot be held responsible for any loss you may suffer if an unauthorised third party gains access to the data you provide when using the Website or when placing an order on the Website.
The prices of products sold by IN’TOLERANCE to wholesalers and large retailers are established based on an invoice issued after the order is placed. All prices are expressed in euros excluding VAT (HTVA) and are subject to VAT at the rate applicable on the day of invoicing. The payment terms are defined at the time of the order, and any late payment will automatically incur late payment interest at the applicable legal rate, as well as a fixed compensation for recovery costs amounting to 10% of the total invoice amount, with a minimum of 75 euros.
7. Delivery
IN’TOLERANCE bears the risk of transfer of the Products until their delivery to the specified address. The delivery of the products constitutes the moment when the risk of damage and/or loss is transferred to the Client.
Please note that we do our utmost to dispatch all orders as quickly as possible and no later than five (5) days from the date of the order. Estimated delivery times are provided for guidance only and commence from the date of the order. IN’TOLERANCE cannot be held responsible for delivery delays caused by procedures imposed by the customs service of the destination country.
For delivery, IN’TOLERANCE relies on external parties and reliable carriers. The use of external parties may impact delivery. Following a non-delivered order, an investigation is immediately opened with the carrier. This usually lasts several days, during which no refunds or further shipments to the Customer will be processed.
IN’TOLERANCE disclaims all responsibility if the Product is damaged during transport or if the Product is delivered late due to the carriers.
It is the Client's responsibility to allow delivery to the specified address, in the presence of the Client or a third party designated by the Client. Delivery is considered to have taken place as soon as the Client or a third party designated by the Client physically takes possession of the ordered Products. If delivery fails due to a fault of the Client or the third party designated by the Client, the cost of the new delivery attempt will be entirely borne by the Client.
For large distribution, all trolleys, pallets and other equipment provided by IN'TOLERANCE must be returned in good condition. In the event of non-return or damage, these items will be charged to the Client. Any damage occurring at the depot during loading is the responsibility of the carrier. Deposit payments and other agreed commitments must be respected in accordance with the terms defined at the time of the order.
8. Right of withdrawal
In accordance with Article VI.53, 4° of the Economic Law Code, the right of withdrawal does not apply to contracts concluded with consumers for the supply of goods that are likely to deteriorate or expire rapidly, such as foodstuffs.
By placing an order on the IN'TOLERANCE website, the consumer expressly agrees that the right of withdrawal does not apply to the purchase of food products, due to their perishable nature. No returns or refunds will be granted for these products, except in the case of non-compliance with the sales contract (damaged products or unfit for consumption).
9. Legal guarantee
IN’TOLERANCE guarantees that the products delivered are in accordance with the description provided at the time of the order and are free from defects that could render them unfit for the purpose for which they are intended.
In the event of a product not conforming at delivery (damaged, expired, or not in accordance with the order), the Customer may contact IN’TOLERANCE directly to request a replacement, repair, or refund, in accordance with the conditions of the legal warranty.
The legal guarantee of conformity is valid for a period of two years from the receipt of the product. However, this guarantee does not apply to perishable products or those likely to deteriorate quickly, which must be consumed before the use-by date (UBD) or the minimum durability date (MDD) indicated on the packaging.
10. Intellectual Property
The use of our Website and its content does not grant you any intellectual property rights over them, including the software of IN’TOLERANCE and all HTML codes and other codes contained within the site. By "intellectual property rights," we mean copyright, design rights, trademark rights, and all other intellectual property rights and other material rights over the content of the site. All content, including third-party trademarks, designs/models, and the intellectual property rights mentioned or displayed on the Website are protected by intellectual property laws and national laws as well as other provisions of international treaties. You may use the content expressly permitted by IN’TOLERANCE and/or its third-party licensors. Any reproduction or redistribution of the content listed above is prohibited and may result in civil and criminal penalties. Without any limitation of the above, copying and using the items listed above to another server, location, or support for publication, reproduction, or distribution is strictly prohibited. However, you are permitted to make a copy for the purpose of viewing the content for your personal use.
In addition to the intellectual property rights mentioned above, the "Content" is defined as any graphic, any photograph, including any image, sound, music, video, audio or text available on the Website. IN’TOLERANCE strives to ensure that the information on the Website is accurate and complete. IN’TOLERANCE cannot promise that the content is always accurate and free from errors. IN’TOLERANCE also cannot promise that the functional aspects of the Website or the content are error-free, or that the content or the server that makes it available is free from viruses or other harmful elements. We always recommend that internet users ensure they have up-to-date antivirus software.
The personal opinions expressed by customers or any other third party with whom we are associated do not necessarily reflect those of IN’TOLERANCE, and we accept no responsibility for these opinions expressed in the media or on our site.
IN’TOLERANCE reserves the right to delete any threatening, violent, or hateful comments or opinions.
11. Our relationship with you
The use of our Website does not create a joint venture, partnership, employment, or agency relationship between you and IN’TOLERANCE. Under no circumstances can the Client be considered a representative, agent, or employee of IN’TOLERANCE. Therefore, IN’TOLERANCE is not responsible for any representation, action, or omission on your part.
12. Force majeure and unforeseen circumstances
If IN’TOLERANCE is prevented, in whole or in part, from fulfilling its obligations to the Client due to an unforeseen circumstance beyond its control, this constitutes force majeure. In this case, IN’TOLERANCE is entitled to suspend its obligations for the duration of the force majeure.
When a change in circumstances makes the execution of the sales contract (delivery of the ordered products) excessively burdensome to the point that it would be unreasonable to adhere to the initial conditions, IN’TOLERANCE may modify the conditions by notifying the Client in advance.
13. Processing of your personal data
The personal data provided by the Client is necessary for the processing and execution of orders, as well as for billing and warranty contracts. If this information is missing, the order will inevitably be cancelled.
The communication of false or inaccurate personal data is considered a breach of these General Terms and Conditions of Sale.
IN’TOLERANCE is committed to complying with the applicable regulations regarding the processing of personal data, and in particular, with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (GDPR) and the Belgian law of 30 July 2018.
14. Applicable law and competent jurisdictions
The present General Terms and Conditions of Sale are governed by Belgian law and interpreted in accordance with it.
All disputes related to or arising from the offers of IN’TOLERANCE or the agreements concluded with it are subject to the courts and tribunals of Liège - Verviers division. The parties will first attempt to reach an amicable agreement.
Customers also have the option to submit their dispute regarding the General Terms and Conditions of Sale to an independent dispute resolution body.
For further information on this out-of-court dispute resolution, we invite you to visit the following website:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.