TERMS AND CONDITIONS OF SALE

1. PREAMBLE AND LEGAL INFORMATION

1.1. SA DOLFIN (hereinafter, “DOLFIN“) is a company  under Belgian law active in the field of the  manufacture and sale of chocolates and  confectionery whose identification details are  detailed below:

Avenue Robert Schuman 172
1401 Nivelles
VAT : BE 0437.332.220
Telephone : + 32 (0)2 366 24 24
E-mail : info@dolfin.be

1.2. These terms and conditions govern sales of  Chocolates, as defined below, to customers, which  are made either:

• On the website;
• Or on the Marketplace, the operation of  which is governed by the general

  conditions accessible under the following  

  link: https://www.carrefour.fr/conditions-generales-utilisation-marketplace

1.3. These general terms and conditions, together with  the Summary, the Validation and the Confirmation,  form the contract binding the parties, it being  specified that in the event of contradiction, the  Confirmation prevails over the other documents.  No deviation from these terms and conditions will  be permitted unless agreed in writing by DOLFIN.  The absence of implementation of a clause  established in these general conditions cannot be  interpreted as a renunciation by DOLFIN to take  advantage of it.

1.4.

DOLFIN reserves the right to modify its terms and  conditions at any time. These modifications will only  be applicable to orders of 

Chocolates placed subsequently and only  from their acceptance by the customer.

2. DEFINITIONS

2.1. “Confirmation“: The confirmation of the customer’s  order by DOLFIN as detailed in Article 4.4.

2.2. “Delivery Date“: The date communicated to the  Customer on which the Chocolates will be delivered  or handed over to the Customer’s appointed carrier  (depending on the method chosen by the  Customer).

2.3. “Chocolates“: Chocolates, confectionery and more  generally the entirety of the Chocolates and  services offered for sale by DOLFIN.

2.4.

“Marketplace“: The online platform accessible  from the website www.carrefour.fr. published by the company  CARREFOUR DRIVE.

2.5. “Summary“: The summary of the order as detailed  in Article 4.2.

2.6. “Receipt“: The receipt of the Chocolates by, or on  behalf of, the Customer, or the handing over of the  Chocolates to the carrier appointed by the  Customer.

2.7.  “Website”: The website www.dolfin.be

2.8. “Validation“: The validation of the order by the  customer as detailed in Article 4.3.

3. DISPLAY PRICES

3.1. In the interest of full transparency and taking into  account the fact that the Website and the  Marketplace are intended for both professional and  customers (consumers), the prices shown on the  Website are indicated in euros, excluding VAT. The  prices listed on the Website do not include delivery  charges.

3.2. DOLFIN reserves the right to change the prices  displayed on the Website at any time. Chocolates  and services will always be invoiced on the basis of  the rates in force at the time of Validation.

3.3. Before validating their order, the customer will be  informed in a clear and comprehensive manner of  the total price of the Chocolates, including delivery  costs.

3.4. Any order to be delivered outside Belgium may be  subject to possible taxes and customs duties that  are imposed when the order reaches its destination.

3.5. These customs duties and taxes, if any, related to  the delivery of an item are the sole responsibility  of the Customer. The Seller is not obliged to check  and inform the Customer of the applicable  customs duties and taxes. To find out what these  are, the Seller advises the Customer to contact  the competent authorities in his country.

4. ORDERS

4.1. Chocolates can be ordered online 24 hours a day on  the Website or the Marketplace.

4.2.

Before validating their order, the customer receives  a summary of their order (hereafter the “Summary“. The Summary includes at least the  Chocolates ordered, the delivery address and the  total price of the Chocolates including delivery  costs.

4.3.

By clicking to validate the order on the basis of the  Summary, the customer explicitly acknowledges  that the order of Chocolates implies an obligation to pay and that the order is final (hereinafter  “Validation“).

4.4. DOLFIN acknowledges receipt of the order and  confirms in writing whether or not it has been  accepted no later than the 3rd working day following  the Validation (hereinafter, the “Confirmation“).  The Confirmation also includes the invoice for  payment of the order. If the available stocks do not  allow DOLFIN to confirm the order, it will inform the  customer by e-mail, or if there is no e-mail address,  by telephone. The order will then be automatically  cancelled and if the customer’s bank account has  been debited, the customer will be reimbursed  immediately by the same means.

4.5. Taking into account the fact that Chocolates are  perishable foodstuffs that may deteriorate or expire  quickly, the customer does not have the right to  cancel their order in accordance with the exception  provided for in Article VI.73.4°, even if the contract  is concluded at a distance (e.g. via the Internet or e mail) or at a fair, exhibition or show.

5. PAYMENT

5.1. There are two available methods of payment:

5.1.1. Either via an online payment service,  validated by the customer during the  Validation; in this case the customer’s  account will only be debited after the  Confirmation has been issued;

5.1.2. Or by transfer to the DOLFIN bank account  indicated on the invoice attached to the  Confirmation.

5.2. Unless otherwise agreed, DOLFIN invoices are  payable in cash. All DOLFIN invoices are payable at  DOLFIN’s headquarters.

5.3. DOLFIN reserves the right to suspend the delivery of  the Chocolates as long as the sale price has not been  paid in full.

5.4. Furthermore, taking into account the perishable  nature of the Chocolates, if the order has not been  paid for within 48 hours of Confirmation, DOLFIN  shall have the right to consider that non-payment  constitutes a serious breach of contract which  justifies, as of right and without prior formal notice,  the cancellation of the contract to the detriment of  the customer. DOLFIN may exercise this right by  notifying the customer in writing of the cancellation  of its contract. In such cases:

5.4.1. DOLFIN will be released from its  commitments to the customer and will be  able to dispose of the chocolates ordered by  the customer as it sees fit;

5.4.2.

The customer will owe DOLFIN an  additional indemnity equivalent to 

20% of the total price of the Chocolates  ordered with a minimum of EUR 50, plus  interest at the rate of 1% per month  commenced as from the notification of the  cancellation sent by DOLFIN to the  customer.

6. TERMS OF DELIVERY AND RECEIPT

6.1. Unless expressly stated otherwise, delivery times  are given as an indication only and may not exceed  30 days from the date of confirmation, provided  that the customer has complied with their  obligations, in particular the payment of their order.  Without prejudice to the penalties set out in Article  6.5, any delay shall not give rise to a right to refuse  Receipt or to damages.

6.2. Two delivery methods of the chocolates are offered  to the Customer:

6.2.1. Either DOLFIN is responsible for the  delivery. The Chocolates are delivered to  the address indicated in the Summary and  the transfer of risks takes place at the time  of Receipt;

6.2.2. Or the customer chooses to take care of the  transport by picking up their order at the  place of business. In this case, the handing  over of the Chocolates shall be deemed to  constitute acceptance and transfer of risk to  the customer.

6.3. When the Chocolates are ready to be dispatched,  DOLFIN will inform the Customer by e-mail of the  Delivery Date.

6.4. DOLFIN declines all responsibility for late delivery or  failure to deliver in the event of force majeure or an  event beyond its control, which would make the  execution of the agreement impossible or more  onerous in whole or in part, or in the event of the  actions of third parties, such as suppliers of the  parties hereto, subcontractors, agents and  representatives, or in the event of failure on the  part of the customer to comply with its  commitments. War, riot, fire, strikes, accidents and  the impossibility of being supplied are considered as  cases of force majeure releasing DOLFIN from its  obligation to deliver. Finally, taking into account  storage requirements and in order to guarantee the  quality of the Chocolates, DOLFIN may have to  suspend deliveries of Chocolates in the event of  extreme heat, which is also considered as an event  of force majeure. DOLFIN will keep the customer  informed in a timely manner of the cases or events  listed above.

6.5. Except in the case of force majeure, in the event of  a delay in delivery attributable to DOLFIN beyond  the period of 30 days for dispatch provided for in  Article 6.1. and if delivery has still not taken place  within 15 days following the sending of a formal  notice by the customer, the latter will have the right  (of the same order as that provided for in favour of  DOLFIN in Article 5.4.) to consider that the non delivery constitutes a serious breach of contract  which justifies, as of right, the cancellation of the  contract at the expense of DOLFIN. The customer  may exercise this option by notifying DOLFIN in  writing of his decision to terminate the contract. In  such cases:

6.5.1. The customer will be released from his  commitments to DOLFIN, which commits to  reimburse the total amount of the  Chocolate order within 15 days of  notification.

6.5.2. DOLFIN shall owe the customer  compensation equivalent to 20% of the  total price of the Chocolates ordered with a  minimum of EUR 50, plus interest at the rate  of 1% per month commenced as from the  notification of the cancellation sent by the  customer to DOLFIN.

7. ABSENCE OF THE RIGHT OF WITHDRAWAL,  RETURNS AND COMPLAINTS

7.1. As previously mentioned, the customer does not  have the right of withdrawal (cf. Art. 4.5.).

7.2. Consequently and without prejudice to Article 8,  the return of Chocolates is only accepted for  quality reasons. If this is the case, we would ask you  to send an e-mail to our customer service  department at info@dolfin.be with photos of the  chocolates and the packaging. The return request  will only be accepted if it is sent within 5 working  days of tasting the chocolate. If it is established  that the defect falls within the scope of the  guarantee, DOLFIN has failed to fulfil its obligations  and will make a new delivery of the Chocolates that  are the subject of the complaint at its own expense.

8. COMPLIANCE

8.1.

The Chocolates sold are delivered as described in  the Confirmation. The customer benefits from the  legal guarantee of conformity referred to in Articles  1649 bis et seq. of the Civil Code and from the  guarantee of hidden defects. DOLFIN recalls that  the purpose of the legal guarantee of conformity is  to guarantee the customer against any lack of  conformity in relation to the description made on the  Confirmation.

8.2. The customer is obliged to inform DOLFIN of the  existence of a possible lack of conformity as soon as  possible and at the latest within 5 working days  from the day on which they noticed the defect or  could reasonably have done so.

8.3. The seller’s guarantee is excluded when the lack of  conformity found is the consequence of deficient  storage or, more generally, of a fault committed by  the carrier, the customer or a person for whom he  is responsible.

9. STORAGE

The customer undertakes to comply with all the  storage requirements for the Chocolates which are  essential for maintaining the quality of the  Chocolates in accordance with standard practice. In  particular, it is imperative to keep the Chocolates  away from heat and in a dry place at a temperature  of between 10° and 18°. Consequently, if it is proven  that a defect in the Chocolates is caused, even  partially, by a storage fault, no guarantee will be  offered by DOLFIN to the customer.

10. APPLICABLE LAW AND COMPETENT COURTS

The agreements to which these general conditions  apply are governed exclusively by Belgian law. Only  the courts of the district of Brabant-Wallon (Belgium)  are competent in the event of a dispute concerning  their interpretation or execution, except for the right  of DOLFIN to bring the action as plaintiff before any  other court competent by reason of the customer’s  domicile.

11. PRIVACY NOTICE

DOLFIN is committed to respecting the privacy  of its customers. DOLFIN therefore makes every  effort to protect the confidentiality of the  personal data collected and to comply with both  national legislation on the collection and  

processing of data and the European Regulation  No. 2016/679, the General Data Protection  Regulation (GDPR). In this context, DOLFIN  undertakes to process customers’ personal data  in accordance with its Privacy Policy available at  the following address: https://www.dolfin.be/fr/gestion-de-la-vie-privee