General terms & Conditions of B2B sales.

Delivery dates

Subject to a proviso stating otherwise, delivery dates are always given for information purposes only. The purchaser cannot invoke exceeding the target period to request termination of the agreement, claim compensation for damages from us or have any other claim enforced against us.

Transfer of risk and property

The risk transfers to the purchaser as of delivery, regardless of whether or not payment has already been made. The goods are regarded as having been delivered when they have been collected by the customer or delivered to the customer. In the case of delivery to the customer, the goods en route are always at the seller’s risk, regardless of the mode of transport. Without diminishing the purchaser’s risk regarding the goods, the seller retains the property right to the delivered goods until the price is paid in full and, where appropriate, also any interest and costs.

Quotation validity

Price quotations are always provided for information purposes only and are valid for a maximum period of 30 days. Orders are binding and valid only after they have been accepted by a competent person in the company.

Sample orders

Restriction on sample orders

Customers may order a maximum of one sample per item, regardless of the standard packaging quantity of the respective product. Sample orders are offered at a discounted rate and are solely for the purpose of evaluating the quality and suitability of the product for further purchases.

No exclusive sample purchases

Sample orders are to support future commercial purchases and should not be used as the sole or primary method of purchase. Fine Dining & Living reserves the right to refuse or cancel orders consisting solely of samples or where abuse is suspected.

Discretionary right of refusal

Fine Dining & Living shall at all times have the discretion to review and refuse, limit or cancel sample orders without giving any reason if it is determined that the order is not in line with the intended use of samples.

Changes and compliance

Fine Dining & Living reserves the right to amend or modify this sample order policy at any time. By ordering a sample, the customer accepts and agrees to comply with these terms and conditions.

Administrative costs 

If the total value of the order is less than €100, an administrative fee of €5.50 will be charged.

If our customer service department has to manually use a shipping address other than your standard shipping address for an order, an administrative fee of €10 will be charged on the order. If you order via the website, and choose one of your alternative shipping addresses yourself at checkout, and thus without the intervention of our customer service, we will obviously not charge this administrative fee.

Defects

In the case of a sale from the seller’s warehouse, the purchaser can no longer hold the seller liable for visible defects after the former has accepted these goods. Upon delivery of the goods to the purchaser, such purchaser must invoke visible defects within 48 hours after delivery. Within this term the purchaser must send the seller a registered letter in which a detailed and exhaustive summary of the defects is furnished. The seller’s obligation regarding visible defects is in any event limited to exchanging the goods, excluding any costs or compensation for damages.

Any hidden defects must be invoked by means of a letter within 14 days after delivery, failing which a claim on these grounds is excluded. Any legal claim on the grounds of hidden defects must be initiated within 3 months after delivery, after which such claim shall be forfeited.

Liability

The seller can in no case whatsoever be held liable for whatever reason on the grounds of a slight mistake on his, her or its part. Except in the case of wilful intent, his, her or its liability is in any event limited to the amount of the delivery and to the direct damage. Indirect damage does not qualify for compensation.

Payment terms

Our invoices are payable cash in Geel. If the payment terms and conditions are not respected, the seller is entitled to stop deliveries without any notice of default and to refuse new orders. If payment is not made by the due date, the purchaser owes, ipso jure and without any further notice of default, annual interest of 10%. If payment is not made within one month of the due date, additional compensation of 10% for damages is owed on the total price, with a minimum of EUR 65.00, and no notice of default is required. If partial payment is made, full compensation for damages is owed. If the purchaser re-sells the goods to someone else, he, she or it cedes to the seller in pledge, as of this point forward, all debt claims pursuant to such re-sale.

If the purchaser refuses the order, annuls the contract or such cannot be executed due to an act on the purchaser’s part, he, she or it must pay compensation for damages equal to 25% of the total amount, with a minimum of EUR 100.00.

If there is a conflict between the invoice terms and conditions of the seller and purchaser, those of the former shall prevail.

Any nullity of one of these terms and conditions does not lead to the nullity of the other clauses of the contract.

Product safety

All our contact equipment is in conformity with European Regulation (EC) 1035/2004 of the European Parliament and of the Council of 27 October 2004 on materials and articles intended to come into contact with food and repealing Directives 80/590/EEC and 89/109/EEC. 

Disputes

Belgian law governs any dispute relating to this agreement. Only the Justice of the Peace Court in Geel and the Courts in Turnhout are competent to take cognizance of any disputes. 

Prices

Prices on the webshop are exclusive of 21% VAT and excluding shipping costs.

Price changes, due to a (technical) error or mistake, do not bind Fine Dining & Living and allows Fine Dining & Living to cancel the salesorder.