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GENERAL TERMS AND CONDITIONS CHOCOLATE WORLD


Article 1 – Applicability

1.1. These general terms and conditions apply to all offers made by CHOCOLATE WORLD, and all companies affiliated with CHOCOLATE WORLD, and to all agreements in which CHOCOLATE WORLD is a party.

1.2. The customer confirms to be aware of and to accept these terms, even if they conflict with the customer's own terms.

1.3. Any exception to these terms must be approved in writing by CHOCOLATE WORLD (e.g., in a quotation). If one or more clauses are deviated from, the unchanged clauses remain fully applicable.


Article 2 – Formation of agreements

2.1. All offers, quotations, specifications, etc. from CHOCOLATE WORLD do not bind CHOCOLATE WORLD as long as they are not confirmed in writing by the management of CHOCOLATE WORLD.

2.2. If CHOCOLATE WORLD acts as a mandated representative on behalf of a manufacturer, producer, or third party, each agreement with the customer is concluded under the suspensive condition of written and explicit approval from the manufacturer, producer, or third party. The general and special terms of the manufacturer, producer, or third party apply in that case, insofar as they do not conflict with these terms.

2.3. References on illustrations, brochures, catalogs, drawings, photos, etc. are informative and do not bind CHOCOLATE WORLD. In no case can errors, deviations, or inaccuracies give rise to complaints, price reductions, or liability of CHOCOLATE WORLD.

2.4. Studies, designs, drawings, models, etc. communicated by CHOCOLATE WORLD remain the property of CHOCOLATE WORLD. They may not be disclosed to third parties, nor executed by third parties, except with the express written consent of CHOCOLATE WORLD.

2.5. CHOCOLATE WORLD has the right to request an advance payment from the customer for each order.


Article 3 – Acceptance

3.1. The signing of a delivery note or collection note by the customer constitutes acceptance of the delivered material and the conformity of the delivery. The customer must immediately check the material upon receipt.

3.2. Any complaint regarding the delivered material must be communicated in writing to CHOCOLATE WORLD within 8 calendar days.

3.3. Use of the material constitutes acceptance of the material.


Article 4 – Prices

4.1. All prices mentioned are in EURO and exclusive of VAT, unless otherwise stated.

4.2. Transport costs and costs for (de)montage are not included, unless otherwise stated.

4.3. Prices may always be unilaterally changed by CHOCOLATE WORLD in the event of price increases from manufacturers, producers, and suppliers, due to market fluctuations and changes in assessment, customs duties, taxes, and other levies of any kind.


Article 5 – Terms, delivery, and execution of the agreement

5.1. All delivery and repair times are indicative and do not bind CHOCOLATE WORLD. CHOCOLATE WORLD cannot be held liable for (indirect) damage due to late delivery.

5.2. Transport is always carried out at the customer's risk, even if the material is loaded by CHOCOLATE WORLD.

5.3. If the ordered material is no longer available from the manufacturer, producer, or supplier, or in the case of a defect, without CHOCOLATE WORLD being at fault, CHOCOLATE WORLD reserves the right to offer the customer an equivalent alternative. In no case will CHOCOLATE WORLD be liable for any compensation to the customer.

5.4. Upon delivery, the transfer of all risks associated with the material takes place. CHOCOLATE WORLD is not liable for damage or loss of the material after delivery.

5.5. In case of force majeure, CHOCOLATE WORLD reserves the right to suspend the execution of the agreement for an indefinite period. If the force majeure leads to a definitive impossibility to execute the agreement, the agreement will automatically terminate, without any compensation being owed. Force majeure is understood to mean any external cause, as well as any circumstance that reasonably should not be at its risk. Delays or defaults by manufacturers, producers, (sub)suppliers, disruptions in the internet, electricity, disruptions in email traffic and disruptions or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and/or manufacturers of CHOCOLATE WORLD, as well as of assistants, illness of staff, defects in auxiliary or transport means are considered force majeure.


Article 6 – Payment

6.1. In the absence of any contrary indication on the invoice, each invoice is payable in cash at the registered office of CHOCOLATE WORLD.

6.2. In case of non-payment of the invoice on the due date, a default interest of 12% is automatically due by operation of law, as well as a flat-rate increase clause of 10%, with a minimum of €100.00 per unpaid invoice.


Article 7 – Applicable law – competent court

7.1. All agreements are subject to Belgian law.

7.2. The Courts of the district of Antwerp are territorially competent to hear disputes.


Article 8 – Retention of title and termination of the agreement

8.1. In the absence of full payment of the invoice on the due date, or when the customer fails to comply with their contractual obligations, CHOCOLATE WORLD has the option to either demand the forced execution of the agreement, or after a notice of default and a minimum period of eight days, to invoke the automatic dissolution of the agreement based on the present explicit dissolving clause, without prejudice to the right to compensation. If CHOCOLATE WORLD invokes the explicit dissolving clause, it has the right to immediately reclaim the material, regardless of its location, at the customer's expense.

8.2. The sold material (including parts, accessories, spare parts, etc.) remains the exclusive property of CHOCOLATE WORLD as long as the customer has not made full payment of the invoice.

8.3. As long as the customer has outstanding invoices, the material may not be transferred, pledged, or in any way made available to a third party by the customer. The customer is also prohibited from making the material immovable by incorporation or by mounting it on, integrating it into, or in any way mixing it with other material or other movable goods.

8.4. CHOCOLATE WORLD has the right to unilaterally terminate the agreement in the event of non-payment of the deposit (if applicable) and/or invoices.

8.5. If the customer cancels an order, a compensation of at least 30% of the (purchase) price is due, without prejudice to CHOCOLATE WORLD's right to claim additional compensation.


Article 9 – Ownership Rights

9.1. The customer is not allowed to alienate the documents and sketches provided to him, or to transfer certain rights arising from this contract, to pledge them and/or make them available to third parties.

9.2. The customer is not allowed to remove, modify, or hide mentions, advertisements, and/or the logo of CHOCOLATE WORLD from the material applied.


SPECIAL CONDITIONS FOR CONSUMERS

Article 10 – Right of Withdrawal

10.1. If there is a consumer purchase, in accordance with Art. VI.64 of the Economic Law Code, the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving any reason. This period begins at the moment the ordered items are delivered. If the buyer has not returned the delivered items to CHOCOLATE WORLD after this period, the purchase is definitively established.

10.2. The buyer is obliged, before proceeding to return, to notify CHOCOLATE WORLD in writing of his/her intention within the period of 14 working days after delivery. 

The buyer must prove that the delivered goods have been returned in time, for example by means of proof of postage. 

Returns of the goods must be made in the original and unopened packaging (including accessories and accompanying documentation) and in new, impeccable condition. 

If the goods have been used, encumbered, or damaged in any way by the buyer, even if this damage is minimal, the right of dissolution expires. 

Taking into account what is stated in the previous sentence, CHOCOLATE WORLD ensures that within 30 days after the proper receipt of the return shipment, the full purchase amount will be refunded to the customer. The return of the delivered goods is entirely at the expense and risk of the customer.


10.3.The right of withdrawal does not apply to:

  • service agreements after full performance of the service if the performance has begun with the express prior consent of the consumer, and provided that the consumer has acknowledged that he loses his right of withdrawal as soon as the company has fully performed the agreement;
  • the delivery or provision of goods or services whose price is linked to fluctuations in the financial market which the company cannot influence and which may occur within the withdrawal period;
  • the delivery of goods made to the consumer's specifications, or clearly intended for a specific person;
  • the delivery of goods that spoil quickly or have a limited shelf life;
  • the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  • the delivery of goods that have been irrevocably mixed with other products after delivery due to their nature;
  • the delivery of alcoholic beverages whose price has been agreed upon at the conclusion of the sales agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market which the company cannot influence;
  • agreements where the consumer has specifically requested the business to visit him to carry out urgent repairs or maintenance; however, if the business provides additional services during such a visit that the consumer did not explicitly request, or delivers other goods than replacement parts that are necessarily used to carry out the maintenance or repairs, the right of withdrawal applies to those additional services or goods;
  • the delivery of sealed audio and sealed video recordings and sealed computer software whose seal has been broken after delivery;
  • the delivery of newspapers, magazines, or periodicals, with the exception of agreements for a subscription to such publications;
  • agreements that are concluded during a public auction;
  • the provision of accommodation other than for residential purposes, transport, car rental services, catering, and services related to leisure activities, if a specific date or period of performance is provided for in the agreements;
  • the delivery of digital content not delivered on a tangible medium, if the performance has begun with the express prior consent of the consumer and provided that the consumer has acknowledged that he loses his right of withdrawal thereby;
  • the agreements concerning the construction of new buildings and the major renovation of existing buildings.


Article 11 – Website Terms of Use

11.1. INTRODUCTION

These terms of use apply towww.chocolateworld.beand the Facebook pagewww.facebook.com/ChocolateWorldAntwerp/(hereinafter referred to as the “Chocolate World Website”). By using this website, the customer agrees to comply with and accept these terms of use. This website is created and managed by CHOCOLATE WORLD NV, located at 2660 Hoboken, Antwerp, Smallandlaan 4 unit 2, and company number 0443.628.906 (hereinafter referred to as “Chocolate World”).

Access to and use of the Chocolate World Website is free – without prejudice to Chocolate World’s ability to offer the use of certain services and the publication of certain content for a fee – and the user of the website agrees to comply with and accept these terms of use. 

Certain content and services of the Chocolate World Website may be regulated by special conditions or, in the case of purchases, sales, and competitions, by their own legal basis, which shall prevail over these terms of use in the event of a conflict. In this regard, you will find the specific conditions for each sale under ‘Sales Conditions/General Terms’.

If you do not wish to be bound by these terms of use, please do not use the Chocolate World Website.


11.2. USE OF THE WEBSITE

By using the website, the user agrees to (i) not use the Chocolate World Website and its content in an unlawful or illegal manner; (ii) not use the Chocolate World Website in a way that damages, distorts, interrupts, suspends, or makes the Chocolate World Website or its content less efficient; (iii) not use the Chocolate World Website for the transmission or posting of computer viruses, for the transmission or (iv) posting of illegal or unlawful material or material that is in any way inappropriate (including but not limited to material that is defamatory, obscene, or threatening); (v) not use the website in such a way that infringes the rights of any natural person, legal entity, or association, including but not limited to the rights of privacy and intellectual property; (vi) not use the website for posting and transmission of material for promotional or advertising purposes without prior consent from Chocolate World.

Chocolate World applies reasonable security measures to detect the presence of a virus. Nevertheless, the user must be aware that security measures are not infallible, and Chocolate World cannot therefore guarantee that there are no viruses, malicious software, worms, or any other form of contamination (phishing, pharming, Trojan horses, etc.) on the Chocolate World Website. 

CHOCOLATE WORLD SHALL NOT BE LIABLE FOR ANY DAMAGE RESULTING FROM (I) INTERFERENCES, NEGLIGENCE, INTERRUPTIONS, VIRUSES, TELEPHONE ERRORS OR INTERRUPTIONS IN THE OPERATION OF THE ELECTRONIC SYSTEM; (II) DELAYS OR LOCKOUTS IN THE OPERATION OF THE ELECTRONIC SYSTEM AS A RESULT OF FAULTS OR OVERLOAD OF THE TELEPHONE LINES OR THE INTERNET; OR (III) DAMAGE CAUSED BY THIRD PARTIES.

Chocolate World reserves the right to interrupt access to the Chocolate World Website at any time and without notice for maintenance or to repair, update, or improve it. Chocolate World reserves the right to change the content of the Chocolate World Website at any time. 


11.3. INTELLECTUAL PROPERTY RIGHTS

ALL CONTENT OF THE CHOCOLATE WORLD WEBSITE (INCLUDING BUT NOT LIMITED TO, THE SOURCE CODE, GRAPHICAL USER INTERFACE, ILLUSTRATIONS, TEXTS, DRAWINGS, PHOTOS, FILMS, IMAGES, VIDEOS, DATA, DATABASES, SOFTWARE, NAMES, TRADE NAMES, DOMAIN NAMES, TRADEMARKS, LOGOS, REGISTERED AND UNREGISTERED DESIGNS, AND OTHER FILES FOUND ON THE CHOCOLATE WORLD WEBSITE) IS PROTECTED BY INTELLECTUAL PROPERTY RIGHTS AND BELONGS TO CHOCOLATE WORLD, UNLESS EXPRESSLY STATED OTHERWISE. 

It is prohibited to store (other than as necessary to view the website), reproduce, modify, publicly disclose, distribute or transmit, sell or transfer, or grant any rights to third parties on the content offered on and through this website without prior written consent from Chocolate World.

The placement of hyperlinks to the Chocolate World website is only permitted to the extent that those hyperlinks lead to the homepage of the website and do not create the appearance of a connection with Chocolate World. Deep-linking is not allowed without prior written permission from Chocolate World. The use of the Chocolate World Website in third-party websites or elements of websites (e.g., through in-line linking, framing, or in any other way) is also prohibited.

The user who, without prior written consent, copies the drawings and models found on the Chocolate World Website may be guilty of the crime of forgery and piracy as defined by the law of May 15, 2007, punishable by imprisonment of three months to three years and fines ranging from 100 to 100,000 euros. Chocolate World will not fail to file a criminal complaint against alleged counterfeiters. 

The user acknowledges and agrees to pay a fine of €5,000 per infringement of the intellectual rights of Chocolate World, particularly for copying images found on the Chocolate World Website. This is without limitation to the possibility of Chocolate World to invoke all legal remedies, including but not limited to, the substantive infringement claim, the claim for damages, and the claim for taking appropriate measures or adjusting the technical provisions.  


11.4. CONTENT OF THIRD PARTIES

The Chocolate World Website may contain hyperlinks to third-party websites or web pages, or refer to them in other ways. Chocolate World has no control over the content or other characteristics of those websites or web pages and is in no way liable for their content or characteristics. The placement of links by CHOCOLATE WORLD does not imply any approval of the content of those websites or web pages.

The placement of a hyperlink to a third-party website or web page does not imply the existence of any relationship between Chocolate World and that third party. 


11.5. REGISTRATION

If access to certain content or use of certain services of the Chocolate World Website requires user registration, the user must ensure the confidentiality of the username and password; the user is responsible for any activity carried out under their username and password. 


11.6. PERSONAL DATA

IF PERSONAL DATA WERE COLLECTED VIA THE CHOCOLATE WORLD WEBSITE, THE PRIVACY STATEMENT, WHICH IS AN INTEGRAL PART OF THESE TERMS OF USE, APPLIES.


11.7. COOKIES

The Chocolate World Website uses 'cookies' (a file that is downloaded to the user's computer, smartphone, or tablet when visiting certain websites with the intention of storing and retrieving information while browsing). All information about the cookies used can be found in the Privacy Statement. 


11.8. ACCURACY OF INFORMATION AND AVAILABILITY OF PRODUCTS

The information, products, and services offered on or through the Chocolate World Website may contain imperfections of various kinds. Chocolate World does not guarantee the suitability, reliability, timeliness, or accuracy of the Information. The Information is provided and displayed without any form of guarantee. 

Chocolate World does not guarantee the availability of the products and services offered on the Chocolate World Website. Any offer must be confirmed in writing by Chocolate World before it is valid. The Sales Conditions/General Terms and Conditions apply to the sale of products via the Chocolate World Website.

If advice is given directly or indirectly through the website for making personal or business decisions, such advice is given without any form of guarantee and Chocolate World cannot be held liable for it.


11.9. INFRINGEMENT

If the user violates these user conditions or special conditions, or any other standard or rights of third parties, or if there is a risk of harm to users or Chocolate World, then Chocolate World will take the measures it deems appropriate. 


11.10. INFORMATION

Chocolate World reserves the right to inform any authority of an activity carried out by a user on the Chocolate World Website. 


11.11. COMMENTS AND COMMUNICATION

Information provided by the user to Chocolate World in the context of using the Chocolate World Website (by mail, email, or otherwise) should not be considered confidential. 

CHOCOLATE WORLD IS NOT OBLIGED TO TREAT THIS INFORMATION AS CONFIDENTIAL, NOR WILL CHOCOLATE WORLD BE LIABLE FOR THE USE OR DISCLOSURE THEREOF.

To the extent permitted by law, this information is the exclusive property of Chocolate World and may be used by it, without further obligation and free of charge, for any purpose, commercial or otherwise.


11.12. TREATY

These terms of use may be transferred, without prior consent from the user, to any third party that acquires all or part of the Chocolate World Website or the Chocolate World business. 


11.13. APPLICABLE LAW AND JURISDICTION

Belgian law applies to the Chocolate World Website and these terms of use, with the exception of the Belgian conflict of laws rules from Belgian private international law. In case of disputes, only the courts of Antwerp (Belgium) shall have jurisdiction.


Article 12 – Website Terms of Use – Privacy Policy


In this Privacy Statement, we refer to CHOCOLATE WORLD NV, located at 2660 Hoboken, Antwerp, Smallandlaan 4 unit 2 and registered under company number 0443.628.906 (hereinafter 'Chocolate World'). 

The websitewww.chocolateworld.be(hereinafter “Chocolate World Website”) is managed by Chocolate World.

Chocolate World places great importance on the protection of your privacy and personal data. 


PERSONAL DATA

Chocolate World is responsible for the processing of personal data through its website.www.chocolateworld.be. Chocolate World is committed to respecting the law of December 8, 1992, regarding the protection of privacy and the processing of personal data, and all regulations related to this matter, as well as the General Data Protection Regulation (Regulation 2016/679) when it comes into effect (May 25, 2018). 


12.1. WHAT DATA IS PROCESSED

Chocolate World may process the following personal data through its Chocolate World Website, including, but not limited to, via the contact form, the order form, and cookies:

  • Information about your computer or mobile device and your visits and use of the Website, including your IP address, operating system, browser type, and geographical location;
  • Account information provided to us by the visitor themselves: name, address, phone number, fax number, email address, comments; 
  • Data provided when placing orders: billing address, chosen order, financial information;
  • Any other information that you decide to provide.

If information is provided by the data subject themselves via a form, the fields marked with an (*) are necessary for the purposes for which they are processed. The other fields can be filled in to facilitate the services of Chocolate World; if they are not filled in, it has no impact.


12.2. PURPOSE OF THIS PROCESSING

Chocolate World may use the personal or business data you provide for various purposes. 

Chocolate World uses your personal data for customer management purposes, for example, to answer your questions. 

Chocolate World uses your personal data to perform and offer the services and products of Chocolate World. 

Your personal data may also be used for marketing purposes, statistical research, and better alignment of our products and services with your needs.

If you have given Chocolate World your consent, your personal data may also be used for direct marketing purposes, for example, to inform you via email, phone, or mail about products and campaigns from Chocolate World. 

Chocolate World uses your personal data when it is legally required to do so.

If the processing is based on your consent, you can withdraw it at any time, without affecting the lawfulness of the processing based on the consent before its withdrawal. 


12.3. TRANSFER OF YOUR PERSONAL DATA

Chocolate World makes your personal data available to its staff on a 'need to know' basis. 

Chocolate World may use processors to process your personal data. 

Chocolate World shares personal data with the following (categories of) recipients:

  • Processors that provide statistical research and analysis;
  • erwerkers die voorzien in hosting van deze Chocolate World Website en aanverwante databases;
  • Processors that provide marketing;
  • Organizations that provide payment processing;
  • Organizations that provide order delivery;
  • Organizations that have a legal obligation to share personal data.


12.4. STORAGE OF YOUR PERSONAL DATA

Chocolate World is committed to not retaining your personal data longer than necessary for the purposes defined under 2.


12.5. YOUR RIGHTS

You have the right to request us: 

  • ​tot het inzien, verbeteren of verwijderen van persoonsgegevens;
  • ​om de verwerking ervan te beperken; 
  • ​om de gegevensoverdraagbaarheid ervan te beperken. 

You should contact CHOCOLATE WORLD NV, 2660 Hoboken, Smallandlaan 4 unit 2, Belgium orinfo@chocolateworld.bewith a written request, including a copy of your identity card. Chocolate World will inform you within 1 (one) month after your request what action has been taken. 

If you have given your consent for a specific processing, you have the right to withdraw it at any time. This withdrawal does not affect the lawfulness of the processing based on your consent before the withdrawal. 

Finally, you always have the right to lodge a complaint with the supervisory authority. 


12.6. COOKIES

Chocolate World uses cookies to make your browsing experience on the Chocolate World Website easier and more enjoyable. Cookies also allow us to better tailor the content of our website to your needs and preferences.

A cookie is a small text file that is placed in the browser directory of your computer or on your mobile device by a web server during a visit to a website. The cookie contains a unique code that identifies your browser during a visit to the website (a so-called 'session cookie') or during later visits to the same website (a so-called 'permanent cookie').

Cookies can be installed by the server of the website you are visiting or by partners of that website. Only the web server that placed the cookie can read the cookie. The web server does not have access to other information on your computer or mobile device.

Cookies are stored in the browser folder of your computer or mobile device. The content of a cookie usually consists of the name of the server that placed the cookie, an expiration date, and a unique numeric code.

Cookies generally make the interaction between the visitor and the website easier and faster and help the visitor navigate between the different parts of the website.

Cookies can also be used to make the content or advertising on a website more relevant to the visitor and to tailor it to their personal taste and needs.


​​1° TYPES OF COOKIES

​​Chocolate World uses the following types of cookies

  • Session cookies:cookies that are deleted when the browser is closed. They are only stored for one session.

  • Persistent cookies:cookies that are stored on the end user's device for a certain period of time, ranging from 1 hour to several days/months (cookies for online forms, authentication cookies, user security cookies, and language preference cookies for the user interface).

  • First-party cookies:cookies that are installed by a website within the Chocolate World domain (cookies for online forms, authentication cookies, user security cookies, and language preference cookies for the user interface).
  • Third-party cookies:cookies that are installed by websites outside the Chocolate World domain that the user has visited and that are displayed in the browser's address bar (‘frequency capping cookies’, cookies from advertising networks, cookies for market research and analysis, third-party advertising cookies, and Google Analytics cookies).

2° CHANGE OF COOKIES

Chocolate World reserves the right to change this cookie statement at any time.

3° DISABLING COOKIES

YOU CAN REFUSE THE INSTALLATION OF COOKIES THROUGH YOUR BROWSER SETTINGS. THIS MAY HAVE A NEGATIVE IMPACT ON THE FUNCTIONING OF CERTAIN PARTS OF THE CHOCOLATE WORLD WEBSITE.