AGB

General Terms and Conditions Hermanos Gourmet BV
Registered Office: De Burburestraat 41, bus 11, 2000 Antwerp
Contact:
• Email: info.hermanosgourmet@gmail.com
• Website: www.hermanosgourmet.com

Definitions: “Client”: Any natural person, legal entity, or organization consulting a product or service from Hermanos Gourmet.

Article 1: Applicability
1. These general terms and conditions apply to all quotations, invoices, agreements, products, and services provided by Hermanos Gourmet BV, unless explicitly agreed otherwise in writing.
2. Placing an order implies unconditional and irrevocable acceptance of these General Terms and Conditions, which the Client acknowledges having read and accepted.
3. If a judicial or binding decision invalidates an article of these General Terms and Conditions, the remaining provisions remain valid.
4. General specific conditions of the Client are expressly rejected.
5. The administration of Hermanos Gourmet BV serves as evidence of concluded agreements, payments, and deliveries unless proven otherwise. Electronic communication is also considered as evidence.
6. Hermanos Gourmet BV is not liable for consequential damages arising from products or services, including loss of profit, business interruption, data loss, and immaterial damage.
7. Deviations from and additions to agreements are only valid if recorded in writing and relate to the respective agreement.
8. Prices are displayed in Euros, including VAT and government levies.

Article 2: Agreement
1. An agreement is concluded upon acceptance of the order by Hermanos Gourmet BV.
2. The Client is bound by the agreement in all cases, even in the case of oral or email agreements.
3. Hermanos Gourmet BV reserves the right to reject orders without stating a reason or to accept them under different conditions. The Client can cancel the order free of charge if it is carried out under different conditions.
4. Belgian law applies to all agreements. Disputes are handled by the courts of the judicial district of Antwerp, Antwerp division.

Article 3: Prices
1. Mentioned prices are in Euros, including VAT, unless otherwise stated. Shipping costs are exclusive unless indicated otherwise.
2. Delivery costs:
- Free delivery in Belgium for orders over 50.00 euros
- Orders under 50.00 euros: 5.00 euros shipping costs in Belgium
3. Promotional prices are valid for the specified period and as long as stocks last. They are not cumulative with other discounts.
4. Hermanos Gourmet BV is not bound by clearly incorrect price listings. No rights can be derived from unlawful price information.
5. Prices for goods yet to be delivered may be changed based on supplier prices, exchange rate increases, excise duty increases, VAT increases, and/or annual index adjustments.

Article 4: Shipment
1. Hermanos Gourmet BV aims to dispatch within 2 to 5 working days after payment. Delivery times are approximate and not binding.
2. The maximum delivery time is 14 days after ordering and receipt of payment, unless delay cannot be attributed to Hermanos Gourmet BV.
3. In case of delay or incomplete execution, the Client is informed within 14 days. The customer then has the right to cancel free of charge. Refund will take place within 14 days.
4. Exceeding the specified delivery times does not entitle the Client to compensation.

Article 5: Right of Withdrawal for Consumers (Art. 46, §1, 2° of the Law of April 6, 2010, on market practices and consumer protection)
1. The consumer has the right to withdraw from the purchase within 14 calendar days after delivery or conclusion of the service agreement, without penalty and without stating a reason.
2. Notification is timely if it is sent in writing by mail or email before the expiration of the period. Return costs are the responsibility of the customer.
3. After receiving the goods, the amount will be refunded within 8 days. Hermanos Gourmet BV reserves the right to refuse returned products or to credit only a part of the amount in case of damaged packaging or opened product. The buyer will be informed of this in writing or by email.

Article 6: Payment
1. Online orders are paid directly through the payment provider in the webshop (Bancontact, Credit Card, PayPal).
2. Hermanos Gourmet BV retains ownership until full payment. Risk during transport is for Hermanos Gourmet BV.
3. Complaints about invoices, products, or services must be submitted in writing within 8 days of the invoice date.

Article 7: Termination of Assignment
1. Hermanos Gourmet BV may terminate the execution of an assignment for weighty reasons, such as a disturbed relationship, non-payment, suspension, or bankruptcy of the Client. No compensation is due to the Client.

Article 8: Liability
1. Hermanos Gourmet BV is not liable for indirect damages, including business shutdown, delay, disruption, or other indirect (business) damages.
2. Hermanos Gourmet BV is not liable for damages, loss, injury, illness, or any other form of disadvantage resulting from the consumption or use of products after the expiration date or in any other way that is not in accordance with the recommended guidelines. The Client indemnifies Hermanos Gourmet BV from all liability related to such incorrect use.
3. Hermanos Gourmet BV is not liable for allergic reactions resulting from the consumption of products. When placing an order, the Client is responsible for assessing possible allergic reactions to the products of Hermanos Gourmet BV. The Client is encouraged to carefully read the allergy information, if available, before placing an order.
4. The Client is aware of the risks of digitally and electromagnetically storing and transmitting information.

Article 9: Force Majeure
1. In the event of force majeure, obligations are suspended as long as the force majeure situation exists.
2. The Client has no right to compensation in case of force majeure, even if Hermanos Gourmet BV benefits from it.
3. Hermanos Gourmet BV informs the Client of force majeure as soon as possible.

Article 10: Payment Terms
Online orders must be paid before shipment.

Article 11: Conformity
Legal warranty of conformity applies to the goods.

Article 12: Complaints/Disputes
Complaints can be reported by phone or email. We strive for a quick and thorough handling.

Article 13: Privacy Statement
See our privacy statement on the website for information regarding the processing of personal data.