1. OBJECT AND SCOPE

1.1.

These general terms and conditions govern the contractual relationship between the natural or legal person who makes use of the services or goods offered by BV Seppe’s Granola, in their own name or on behalf of third parties, for both professional and private purposes (hereinafter referred to as the “Customer”).

The customer shall always be the one who places the order. No claim of representation or acting on behalf of a third party will be accepted. The customer will therefore always receive the invoice in their name; invoices are never placed in the name of another party upon mere request but are always addressed to the customer.

BV Seppe’s Granola is registered in the Crossroads Bank for Enterprises with enterprise number BE0759.665.693, with its registered office located at Nelcastraat 1 E, 8860 Lendelede, trading under the trade name Seppe’s Granola, and offers its customers (hereinafter: “Customer”) the possibility to purchase the services or goods offered from its webshop online via an e-commerce webpage.

Depending on the situation of the Customer (whether or not they are a consumer), certain clauses of these general provisions may not apply to them. These general terms and conditions apply to every order placed with Seppe’s Granola, whether directly, by telephone, or via another user interface provided by Seppe’s Granola if applicable. They may only be deviated from with the express written consent of ‘Seppe’s Granola’.

1.2.

By the fact of the order, the Customer explicitly accepts these conditions, thereby agreeing to the applicability of these Conditions, to the exclusion of all other provisions or conditions. Additional conditions of the Customer are excluded, unless they have been accepted beforehand, in writing, and explicitly by Seppe’s Granola.

1.3.

Insofar as these Conditions are also drawn up in a language other than Dutch, the Dutch text shall always be decisive in case of differences.

1.4.

An agreement with Seppe’s Granola consists of general terms and conditions and any special conditions. These special conditions apply as a supplement to these general terms and conditions. In case of contradiction, the special conditions shall prevail over the general terms and conditions.

1.5.

Seppe’s Granola may adjust these general and special conditions at any time. However, the conditions applicable at the time of an order of the services offered by Seppe’s Granola remain applicable to the execution of those services until the next order placed by the Customer and cannot relate to any subsequent orders.

2. FORMATION OF THE AGREEMENT

2.1.

Quotations from Seppe’s Granola expire, unless otherwise stated, 14 days after the date. The agreement is formed when the Customer indicates acceptance of the offer in writing, by letter or e-mail.

To the extent that the Customer makes changes to the offer of Seppe’s Granola, the agreement can only be formed, including these changes, if Seppe’s Granola confirms this in writing.

2.2.

Seppe’s Granola is only bound by an order from the Customer if Seppe’s Granola or its intermediary has confirmed in writing that the order is accepted.

2.3.

The consumer, i.e., every physical person who orders the services or goods offered by Seppe’s Granola for purposes that have no professional character, via a means of distance communication (website, telephone, correspondence, or any other user interface), has the right to notify Seppe’s Granola (or the intermediary appointed by Seppe’s Granola) that they renounce the purchase, without payment of a penalty and without stating a motive, within 14 calendar days from the day following the day the service contract was concluded.

The dispatch of the withdrawal within this period is sufficient for the preservation of the withdrawal period. The withdrawal must be sent by registered letter to the registered office of Seppe’s Granola, located at [Address], mentioning the offer number communicated to the Customer at the conclusion of the order.

The Customer does not have a right of withdrawal if the execution of the service contract, with their consent or at their request, has already begun before the end of that 14-day period from the day following the day the service contract was concluded, understanding that the displacement of an appointee of Seppe’s Granola, or a third party commissioned by Seppe’s Granola, on the day agreed for the performance, constitutes a start of execution with the Customer’s agreement.

3. PRICES

3.1.

All stated prices are expressed in EURO, including VAT and all other taxes or duties mandatory for the Customer to bear.

Quotation prices or displayed prices are furthermore subject to the consumption index. In the event of an index increase of at least 2 points between the date of order and billing, Seppe’s Granola is entitled to charge the indexed price calculated according to the usual index formula.

3.2.

If delivery, reservation, or administrative costs are charged, this will be stated separately.

3.3.

The price statement refers exclusively to the products as described verbally. The accompanying photos are intended to be decorative and may contain elements that are not included in the price.

4. OBLIGATIONS OF Seppe’s Granola

Seppe’s Granola will execute the product well, soundly, and according to the provisions of the agreement. The work will be performed within normal working hours unless otherwise agreed. In those cases where Seppe’s Granola has committed to providing services, the performances are of a non-material nature, and Seppe’s Granola is only bound by an obligation of means. Achieving the result intended by the Customer is not guaranteed. Seppe’s Granola makes the necessary efforts to perform the agreed services.

5. OBLIGATIONS OF THE CUSTOMER

5.1.

The Customer enables Seppe’s Granola to perform the work.

5.2.

The Customer ensures that Seppe’s Granola can timely access the data to be provided for the product.

5.3.

The Customer bears the risk for damage caused by

• inaccuracies in the commissioned order(s);
• inaccuracies in the production methods desired by the Customer;
• defects in materials or tools made available by the Customer.

6. DELIVERY AND EXECUTION MODALITIES OF THE AGREEMENT

6.1.

Unless otherwise agreed or explicitly stated otherwise, the product will be collected by the customer at the agreed date and time. If the fixed or estimated date is exceeded, Seppe’s Granola is obliged to compensate for the damage suffered as a result, unless the exceedance cannot be attributed to it due to force majeure or circumstances attributable to the customer.

6.2.

The product is delivered when Seppe’s Granola has informed the Customer that the order is completed and the latter has accepted the order.

6.3.

The product is considered delivered when the Customer takes receipt of the product, understanding that by taking receipt of a part, that part is considered delivered, unless the consequence (delivery) associated with taking it into use is not justified.

6.4.

Except with respect to consumers, the indicated delivery periods or dates in any quotation or special conditions are only indicative and do not bind Seppe’s Granola.

Except with respect to consumers, a delay in the execution of the services provided by Seppe’s Granola, for whatever reason, can in no case give rise to the dissolution of the agreement or any form of compensation.

In the event of late execution of the service provided by Seppe’s Granola and after a request to that effect addressed to Seppe’s Granola, consumers are entitled by law and without prior notice of default to a discount on the price of the services provided by Seppe’s Granola equal to 1% per month of delay in the execution of the service, for every month already started. Furthermore, in case of late execution of the service by Seppe’s Granola after a period of thirty (30) days after having been given notice of default by the Customer, consumers have the right to a flat-rate discount equal to 10% of the price agreed between the parties, without prejudice to the Customer’s right to claim higher compensation provided they prove higher actual damage. All this is subject to force majeure on the part of Seppe’s Granola, its employees, appointees, or third parties.

6.5.

Any visible damage and/or qualitative deficiency of a product or other deficiency upon delivery must be reported immediately and at once by the Customer to Seppe’s Granola.

6.6.

The risk of loss or damage passes to the Customer as soon as they or a third party designated by them, who is not the carrier, has physically taken possession of the products.

7. RETENTION OF TITLE

The purchased products remains the exclusive property of Seppe’s Granola until the moment of full payment by the Customer. The Customer undertakes to point out the retention of title of Seppe’s Granola to third parties if necessary.

8. INDEMNIFICATION AND LIABILITY

8.1.

The Customer must thoroughly check (or have checked) the product from Seppe’s Granola upon delivery or collection of the product.

8.2.

Complaints for defects must be reported by the Customer to Seppe’s Granola by registered letter within 8 calendar days after delivery and always with the possibility to still establish the alleged defect contradictorily. Any claim regarding defects must furthermore be brought before the court without delay on penalty of forfeiture. Any obligation of indemnification and liability of Seppe’s Granola furthermore expires one year after the delivery or termination of the service (even if the defect only manifests itself thereafter).

8.3.

Without prejudice to deviating mandatory legal provisions, Seppe’s Granola (including its appointees, employees, or third parties) is only liable for damage caused due to non-compliance with its contractual or legal obligations if and insofar as that damage is caused by its intentional fault or fraud (or with respect to consumers, also by its gross negligence). Seppe’s Granola is not liable for other errors. Every form of joint and several liability (hoofdelijke of in solidum) of Seppe’s Granola is excluded. If the share of Seppe’s Granola’s fault in certain damage cannot be determined, Seppe’s Granola is at most liable up to the part of that damage that is proportional to the number of parties liable for that damage.

In case Seppe’s Granola is held liable for any damage, the liability of Seppe’s Granola is limited to the amount of the invoice excluding VAT, or at least to that part of the order to which the liability relates. In such cases, the liability of Seppe’s Granola is always limited to replacement, without any further liability and without the Customer having further recourse.

9. INVOICES AND PAYMENTS

9.1.

Invoices are payable and due in cash at the registered office of Seppe’s Granola, or by transfer to the account of Seppe’s Granola, namely BE40 7390 2060 9063.

9.2.

Without prejudice to earlier (whether or not tacit) acceptance, the Customer is irrefutably deemed to have accepted an invoice from Seppe’s Granola in the absence of a reasoned protest within 8 calendar days after receipt of the invoice. No complaint grants the Customer the right to fully or partially suspend or postpone payment.

9.3.

Invoices from Seppe’s Granola are payable, without discount, to bank account number BE40 7390 2060 9063, within a period of 14 days starting from the day following the receipt by the Customer of the invoice or an equivalent request for payment. The professional Customer shall owe by law and without prior notice of default, from the due date, a late payment interest corresponding to the interest as provided for in the Law of August 2, 2002, on combating late payment in commercial transactions, increased by two percentage points. In case of full or partial non-payment by a consumer, i.e., every physical person who orders the products offered by Seppe’s Granola for purposes that have no professional character, the procedure and compensation scheme of Book XIX “Debts of the consumer” of the WER (Code of Economic Law) will be applied.

9.4.

Without prejudice to the exercise of other rights held by Seppe’s Granola, the professional Customer shall, in case of non-payment or late payment from the date of default, owe by law and without notice a flat-rate compensation of 10% on the amount involved, with a minimum of 50 euros per invoice, without prejudice to the granting of grace periods and without prejudice to the right of Seppe’s Granola to claim higher compensation provided they prove higher actual damage.

All judicial (insofar as legally permitted) and extrajudicial collection costs are borne by the Customer. Upon non-payment on the due date, Seppe’s Granola is also entitled to suspend the other products ordered for the Customer until full payment of the invoice, and all other debts of the Customer not yet due shall become payable by law and without prior notice of default. Seppe’s Granola also reserves the right, in case of full or partial non-payment, to dissolve the agreement at the Customer’s expense after written notification and to suspend all deliveries and works still to be carried out, without prior judicial intervention and without notice of default. Without prejudice to the foregoing, Seppe’s Granola also reserves the right to take back the products that have not been (fully) paid for.

9.5.

Set-off by the Customer is explicitly excluded. Payments are first applied to the costs due, then to the interest, and finally to the principal sum of the oldest outstanding invoice.

9.6.

Any change in the Customer’s situation, such as the sale or contribution of the whole or part of the assets, death, incapacity, payment difficulties or cessation of payments, liquidation of goods, judicial settlement, provisional suspension of prosecutions, judicial reorganization, bankruptcy, collective debt settlement, or any other similar insolvency procedure, dissolution or change of legal form, even after partial execution of the contracts or orders, leads to the application of the same measures as those provided above for non-payment.

9.7.

All current and future taxes, and additional levies and costs, of whatever nature, connected to the sale are borne by the Customer.

10. WARRANTY

10.1.

Pursuant to the applicable legislation regarding the protection of consumers in the sale of consumer goods, the consumer has legal rights. This legal warranty applies from the date of delivery to the first owner. Any commercial warranty leaves these rights unaffected.

10.2.

To invoke the warranty, the Customer must be able to present proof of purchase. The Customer is advised to keep the original packaging of the products.

10.3.

For products purchased online and delivered to the Customer’s home, the Customer must contact Seppe’s Granola and return the product (e.g., a bottle of wine) at their expense to Seppe’s Granola.

10.4.

Upon discovery of a defect, the Customer must inform Seppe’s Granola as soon as possible. In any case, every defect must be reported by the Customer within a period of 2 months after its discovery. Thereafter, any right to repair or replacement expires.

10.5.

The (commercial and/or legal) warranty is never applicable to normal wear and tear, unavoidable minor damage, defects arising as a result of accidents, neglect, falls, use of the product contrary to the purpose for which it was designed, non-compliance with the usage instructions or manual, adjustments or modifications to the product, rough use, poor maintenance, or any other abnormal or incorrect use.

10.6.

Defects that manifest after a period of 6 months following the date of purchase, or delivery where applicable, are deemed not to be hidden defects, subject to proof to the contrary by the Customer.

11. TERMINATION AND DISSOLUTION

11.1.

Seppe’s Granola has the right to consider the agreement dissolved by law and without any notice of default in case of non-payment of the purchase price on the due date, or insofar as the Customer fails to provide the requested guarantees in the sense of Article 9, or in case of a seizure of the sold products despite the retention of title, or if everything indicates that the Customer will not comply with their obligations.

11.2.

If the agreement is terminated (in whole or in part) by or dissolved at the expense of the Customer, the Customer owes Seppe’s Granola a flat-rate compensation for lost profit equal to 40% of the price for the cancelled products, with a minimum of 50 EUR, without prejudice to the right of Seppe’s Granola to compensation for lost profit exceeding this flat rate and all other damage, and to payment of the price for the material already processed and for services rendered.

12. FORCE MAJEURE

12.1.

If Seppe’s Granola is prevented from executing or completing the orders for which the agreement was concluded, due to any event for reasons beyond its control, including without this list being exhaustive – pandemics, natural disasters, war, terrorist activities, social unrest, lack of raw materials, restrictions on energy consumption, hindrance and interruption of transport possibilities, seizure, embargo, ban on foreign exchange transfer, extreme weather conditions, fire, machine breakdown, disruptions in Seppe’s Granola’s business, problems with suppliers and/or measures by any government authority, death or resignation of the employee employed by Seppe’s Granola, or the fact that the Customer does not fulfill their contractual obligations, Seppe’s Granola will contact the Customer within a reasonable time to make a new appointment. The execution of the agreement will be suspended until the date of the newly made appointment.

12.2.

The party who, as a result of force majeure, has not been able to fulfill their obligations properly or on time, is not liable for any compensation to the other party.

12.3.

The party invoking the aforementioned circumstances must immediately notify the other party in writing of the occurrence as well as the termination thereof.

13. SEVERABILITY (IMPAIRMENT OF VALIDITY – NON-WAIVER)

13.1.

Should one or more provisions of these Conditions be declared invalid, illegal, void, or inapplicable, this shall in no way affect or diminish the validity, legality, enforceability, or applicability of the other provisions.

13.2.

The failure at any time by Seppe’s Granola to enforce any of the rights listed in these Conditions, or to exercise any right hereof, shall never be seen as a waiver of such provision and shall never affect the validity of these Conditions.

14. AMENDMENT OF CONDITIONS

These Conditions are supplemented by other conditions to which explicit reference is made. In case of contradiction, these Conditions prevail.

15. APPLICABLE LAW AND SETTLEMENT OF DISPUTES

15.1.

All agreements to which these Conditions apply, as well as all other agreements arising therefrom, are exclusively governed by Belgian law, with the exception of the provisions of private international law regarding applicable law and with the exception of the Vienna Convention on international sales contracts for movable goods.

15.2.

In the event of any dispute regarding the validity, interpretation, or execution of agreements to which these general terms and conditions apply, as well as all other agreements arising therefrom, an amicable settlement shall be sought. If a party believes that no amicable settlement can be reached, the parties agree that all disputes concerning agreements to which these general terms and conditions apply, as well as all other agreements arising therefrom, shall belong exclusively to the jurisdiction of the Courts and Tribunals of the judicial district where the registered office of Seppe’s Granola is located, except when the Customer is a consumer.

16. CONTACT

For changes or complaints regarding the order, the Customer can contact Seppe’s Granola at the telephone number 0477040764, via e-mail at info@seppesgranola and by post at the following address: Nelcastraat 1 E, 8860 Lendelede, without prejudice to what is set out in the articles above.