TERMS AND CONDITIONS OF SALE
The consumer has the right to notify the seller that he waives the purchase without payment of a fine and without a statement of reasons within 14 calendar days from the day following delivery. See 15. Return policy for more information.
These terms and conditions of sale govern the relationship between, on the one hand, EKKO, with registered offices at Oudstrijdersstraat 48, 1654 Beersel in Belgium, whose BCE number is 0895.877.053, trading as “COLDFEVER”, hereinafter referred to as “the Company”, and, on the other hand, any natural or legal person who places a remote order (via an online order on the website http://www.coldbrew.be and http://www.drinkcoldfever.com, hereinafter referred to as “the Website”), in their own name or on behalf of a third party, either for business or personal reasons, hereinafter referred to as “the Customer”.
The Company and the Customer are hereinafter referred to together as “the Parties”.
Depending on the Customer’s particular situation (whether or not they are a consumer), some clauses of these terms and conditions may not apply.
Any order placed with the Company implies the Customer’s complete acceptance of the terms and conditions of sale issued by the Company unless a specific written agreement is drawn up between the Parties.
The purpose of these terms and conditions is to define the Parties’ rights and obligations within the context of the online sale of products offered by the Company to the Customer.
Sales agreed within this context are completed subject to the condition precedent that the products chosen in the order are available and that the order has been paid for.
Orders are exclusively placed via the Website made available by the Company to its customers.
Any confirmed order constitutes the firm and binding acceptance of the prices, as well as of the product(s) as selected on the Website.
The order will only be valid once the Customer has paid the full price.
The minimum value of an order is 3€, excluding shipping costs.
The Customer undertakes to provide all the information needed to fulfil the order, including their address, when they confirm the order.
3. ORDER CONFIRMATION
The order will be confirmed by an email sent to the email address provided by the Customer when placing the order.
Once the order has been confirmed and paid for it cannot be changed, as payment of the full price constitutes the binding acceptance of the order.
4. OUT OF STOCK PRODUCTS
If all or part of the order is not available, the Company will inform the Customer of this as quickly as possible.
An order involving products that are out of stock will, if necessary, be cancelled and the Company undertakes, at the Customer’s request, and within 7 days of the order, refund the full amount paid by the Customer for the products that are out of stock.
However, if they inform the Company of their intention within 48 hours of finding out that the product is out of stock, the Customer can ask for that item to be replaced with another one worth the same amount, as chosen by the Customer.
The refund and/or the credit note issued when the order is cancelled closes the sale and the Customer cannot claim any compensation.
5. INFORMATION ABOUT THE PRODUCTS AND THE PRICES
The Company undertakes to present its products as clearly as possible.
The products available for sale on the Website are presented in an information sheet that might include some different features, such as the product reference, the consistency, the ingredients, the use-by date, a photograph and the price.
The information that appears on the Website might be changed at any time, without notice.
6. PRICE AND PAYMENT
All the prices of the products are shown in Euros and include all taxes but not the delivery.
The total amount of additional delivery charges is also available on the Website.
The cost of the products is payable once the order has been confirmed on the Website by the Customer.
The products will be invoiced based on the prices displayed on the Website when the order is registered.
The price of the products may be adjusted at any time on the Website.
Orders can be paid for using one of the payment methods indicated on the Website.
It is the Customer’s responsibility to save the details related to his transaction.
7. DISPATCHING ORDERS
The Company undertakes to dispatch the order, depending on the availability of the products orders, as soon as payment is received for them.
Products are delivered to the address provided by the Customer in the order, and only in geographical areas offered by the company as defined on our Website.
Delivery lead times are provided for information purposes and do not constitute a key requirement of the sale.
8. RECEIVING THE ORDER
The Customer undertakes to sign any document(s) related to receiving the order issued by the carrier or anybody else responsible for delivering the parcel.
The carrier’s documents (or those belonging to anybody else responsible for delivering the order) will be valid and, in the event of any discrepancies with any statements and documents provided by the Customer, will take precedence.
The Company does not accept any responsibility arising from their failure to fulfil all or part of their obligations if this is the Customer’s responsibility or the result of force majeure.
If delivery is delayed due to a failure by the Customer within this context, there will be no compensation.
9. NON-COMPLIANCE OF THE PRODUCT, DAMAGED PACKAGING AND COMPLAINTS
The Customer must mention any visible instance of non-compliance of the delivered product or any deformation or damage to the package to the person responsible for delivering the products by mentioning it alongside their signature on the delivery slip.
The Customer must confirm/communicate this instance of non-compliance by email or by any valid written method, sent within five calendar days to the Company, starting on the day on which the product in question was received.
Any complaint of any kind about a product must be reported with details and clearly indicate the reasons for the Customer’s dissatisfaction, where applicable, accompanied by photos confirming the problem.
Furthermore, products deemed to be non-compliant must be stored in a suitable place such that the product will not be damaged and can be examined at a later date by the Company so that they can confirm the alleged instance of non-compliance.
The complaint cannot be dealt with, including with a replacement product, until the Customer has fulfilled the conditions defined above and, more generally, these terms and conditions.
If the complaint is upheld, a new identical product will be sent at no extra cost, subject to availability.
- FAILURE TO DELIVER
If the order is not delivered, the Customer must contact the Company by email or by any valid written method, sent to the Company within five calendar days of the expected delivery date.
If it is confirmed that the product has not been delivered, the Customer will be offered the following options, at no extra cost for them and without any other compensation for any harm suffered:
– either an identical product to the one that was not delivered will be resent, subject to availability;
– or the full amount paid for the part of the order that has not been received will be refunded.
- DELIVERY ERROR
Any product delivered in error will result in an exchange or a refund, whichever the Customer prefers, as long as it is returned within seven (7) calendar days (with the La Poste postmark as proof) to the Company in full and in mint condition in its original packaging.
The Company will cover the postage costs unless it turns out that the mistake is down to the Customer when the online order was confirmed on the Website.
- CUSTOMS DUTIES AND TAXES
Any order placed by the Customer and delivered to somewhere outside Belgium may be subject to customs duties and other taxes.
These must be paid for by the Customer, releasing the Company from any responsibility. It is not the Company’s responsibility to check that any such duties and taxes exist, apply and are owed on the Customer’s behalf.
The products available for sale comply with current Belgian and European legislation.
The Company cannot be held liable in relation to the Customer once they have fulfilled their obligations in accordance with these regulations and this legislation.
The Company can only be held liable in relation to the Customer for their own wilful misrepresentation and/or gross negligence or that of their employees or representatives.
The Company cannot be held liable in relation to the Customer for the consequences of any mistakes made by the Customer when placing their order.
The Company does not accept any responsibility for any damage caused to the products after they are delivered to the Customer or anybody charged by the Customer to accept the delivery.
The Company does not accept any responsibility for any indirect damaged caused to the Customer for any fact or reason whatsoever.
- INTELLECTUAL PROPERTY
All the text, comments, illustrations, images, logos, graphics, drawings, photos etc. reproduced on the Website and the products belong to the Company by way of copyright and intellectual property rights.
The reproduction, in full or in part, of these rights and property, without the Company’s agreement, is strictly prohibited.
- RETURN POLICY
The consumer has the right to notify the seller that he waives the purchase without payment of a fine and without a statement of reasons within 14 calendar days from the day following delivery.
In case the Customer invokes this possibility, he must return the goods to at his own risk and costs. Goods designed specifically for the Customer and/or which can spoil quickly will not be taken back, and the Customer cannot rely on the waiver clause.
ColdFever will only accept returned goods, provided you have not put the item(s) in use, the best-before date has not been exceeded, and/or the item(s) has not been opened.
For a return, follow the procedure below:
Step 1: Contact [email protected] and state your order number. We will send you our return instructions and return label by email. The return costs, which we will mention in this email, are at your expense.
Step 2: Pack the goods before returning them (do not return any used goods), if possible in original packaging and complete with original labels, accessories. The original packaging ensures that damage during return is avoided.
Step 3: Print the return label and stick it on the box/boxes. The received label will contain all information to make sure the return goes smoothly (your information, our shipping address, the courier name).
Step 4: If you have questions after step 3, please do not hesitate to contact us. If no questions, you must return the goods to us within 14 days.
Step 5: If the goods reach us in good condition, you will be refunded as soon as possible. Should the goods be incomplete or damaged, we will inform you.
Only online purchased goods can be returned. For all other returns, contact us before returning.
- FORCE MAJEURE
The Company does not accept any responsibility for any delivery delay or failure in the event of force majeure, as this concept is defined by law, or any event out of their control that would make it impossible to fulfil the order or make it more expensive, in full or in part, or due to third parties such as the Parties’ suppliers, subcontractors, agents and representatives or carriers.
Force majeure includes full or partial strikes on our premises or those of our suppliers, transport and if our suppliers are out of stock.
- PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions are found to be invalid or declared to be so in accordance with a law, a regulation or following a final ruling by a court with jurisdiction, the other provisions will retain their full force and effect.
- PROOF OF PURCHASE
In general, the Parties accept electronic proof of payment within the context of their relationship.
Electronic records stored on the Company’s IT systems in accordance with security and confidentiality requirements will serve as proof between the Customer and the Company.
It is agreed that if there is a difference between the consumer’s electronic records and those of the Company, the latter will take precedent.
- DATA PROTECTION
Under the Law of 8 December 1992 on data protection, the Customer has the right to correct, view, change and, for legitimate reasons, remove any information submitted.
Any request relating to this should be sent in writing to the Company at the following email address: [email protected].
20. REVIEWS AND RATINGS
These terms and conditions apply specifically to reviews placed on our web site. By submitting a review on our site you are agreeing to the following conditions.
By submitting reviews and contributions on this website, you are granting °ColdFever (‘We’) a non-exclusive, perpetual, royalty-free, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content on our website and other materials and via any media.
By submitting your review you represent and warrant that:
- you own or control the content of your review and it is your own original work;
- the content is not defamatory and does not infringe any applicable laws;
- the content is accurate, truthful and your own genuine opinion;
- you will indemnify and hold harmless °ColdFever for all damages, costs and expenses incurred for breach of these warranties.
You further agree and warrant that you shall not submit any content:
- that is known or ought reasonably to be known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libellous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information in whatever form that references directly or indirectly other websites, addresses, email or SMS addresses, contact information or phone numbers;
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
We reserve the right not to publish reviews solely at our discretion.
We reserve the right to edit and amend content of reviews in any way and at any time before or after publication.
We reserve the right to remove reviews from our website without notice after publication at our sole discretion.
Publication of reviews and content on the website does not signify that °ColdFever agrees or affirms with the views and content given.
If there is any conflict between these Terms and other terms appearing elsewhere on this website then the latter shall prevail.
These Terms shall be governed by and construed in accordance with the laws of Belgium and any disputes arising shall be subject to the non-exclusive jurisdiction of the courts of the district of Flemish Brabant
20a. Customer Review Policy and Guidelines
You agree to post reviews and contributions in accordance with the following Guidelines. We will not publish a review unless it follows these Guidelines. These Guidelines are not exhaustive and °ColdFever reserves the right to vary them from time to time and the Guidelines published at the time of use shall be those in effect.
20b. Reviews and Content Guidelines
°ColdFever encourages feedback so we can improve our service. All reviews, both good and bad, are read by °ColdFever staff and where appropriate they will work to improve our service based on customer feedback. The following guidelines will help you submit a review:
- Although we may edit reviews before or after publishing them, we will endeavour to post reviews as the customer has written them, as long as they do not contain any of the following types of content:
- Offensive language
- Content which could offend or mislead
- Unlawful or objectionable content – this means you should not submit reviews that contain words, language or content that is or may be considered unlawful, defamatory, libellous, abusive, racially or sexually offensive or obscene
- Content that infringes the intellectual property rights or other proprietary rights of others that shall include copyright, trademark, privacy or trade secrets
- Harmful content – reviews shall not contain viruses, worms, Trojan horses or other computer program that may damage or affect any system or data
- Unfair or improper critical, or spiteful, comments on other reviews posted on the page or their authors
- Advertising or spam content: reviews shall not contain commercial web or e-mail addresses and no promotional or advertising material of any kind including the pricing and availability information and alternative ordering information
- No single word reviews will be published
- No HTML tags may be used
- Where a product has changed, we will edit or remove comments which no longer apply (both good and bad) so that other customers are not accidentally mislead
- Reviews should be genuine first hand experiences and content should be relevant and helpful to other users of the website
- Reviews that contain questions or comments aimed at other contributors or website users or °ColdFever staff and/or representatives will not be published
- Any personal identifiable information such as addresses, phone numbers or URL’s will be removed and reviews or contributions may not be published
- Users should not impersonate others or in any way mislead as to their identity.
- Contributors under the age of 18 should get the permission of a parent or guardian before submitting any review or contribution.
If you wish to share feedback with us about product selection, charges for providing goods, ordering, delivery or any other customer service issues, please do not submit this feedback through a product review. Instead, contact us directly: [email protected].
Thank you for writing a review.
°ColdFever shall not be in any way responsible or liable for reliance by users on any information that is obtained from this forum and does not make any representation or warranty, either express or implied as to the accuracy or reliability of any information or content that is published on this forum. Publication of these reviews and their content does not signify that °ColdFever agrees with the views and content given.
21. APPLICABLE LAW – DISPUTES
These terms and conditions and any dispute that might arise from the order are subject to Belgian law, whatever the nature of the dispute.
If there is a dispute or a complaint, the Parties will try to come to an amicable agreement, in good faith, before considering formal procedures.
The courts of the district of Flemish Brabant will have jurisdiction, unless there is a mandatory legal provision to the contrary.