Terms and conditions of sales of FOODIZ CORP SRL
The present general conditions and professional practices are valid and exclusively applicable for all sales and services of FOODIZ. They cancel and replace those of the customer and can only be waived with the express written agreement of FOODIZ. The placing of an order or the receipt of products by the customer implies his irrevocable acceptance of these terms and conditions as well as of the additional terms and conditions appearing on any quotation and/or order form and which are deemed to be reproduced here in full.
Any order transmitted by the customer is irrevocable for the latter, whereas it will only be binding on FOODIZ after written acceptance by the customer or from the moment when the execution of the services has begun.
Any modification of the original order shall only come into effect after written agreement by FOODIZ. It can only be accepted insofar as the purchase of the products and/or the preparation of the dishes has not been partially or totally committed.
Any modification in any way whatsoever, by or on behalf of the customer, and which would be accepted by FOODIZ, may be invoiced in addition and extend the execution time.
No total or partial cancellation of a confirmed order can be accepted without the written consent of FOODIZ. In this case, FOODIZ reserves the right to invoice, in addition to the costs already incurred by FOODIZ, 30% of the amount of the cancelled order as compensation for cancellation.
Information and data, for example relating to prices and products, contained on the FOODIZ website, are only contractual insofar as they are expressly confirmed in writing by FOODIZ. In all cases, and unless otherwise stipulated, the prices and conditions appearing in the FOODIZ offers are only valid for a period of 7 days. The prices of FOODIZ apply only to the services and/or deliveries expressly described in the offers, to the exclusion of any other materials, services or investments. If these are ordered by the buyer, they will be invoiced to him in addition
Unless otherwise agreed, invoices are payable immediately in cash at the registered office of FOODIZ or at the financial institution mentioned on its documents.
When placing an order, FOODIZ reserves the right to charge a deposit of 40% of the total price including VAT, the balance being due and payable upon delivery. The incomplete supply of an order can in no case justify the refusal by the customer to pay for the goods delivered.
Any amount remaining unpaid on its due date will be subject to interest of 1.5% per month until the day of full payment as well as an indemnity of 10% with a minimum of 150 EUR as a fixed and irreducible penalty clause, without prejudice to any other damages that may be due.
The customer undertakes to inspect the products at the time of delivery for quality, quantity and suitability in relation to the order. The absence of any complaint shall constitute irrevocable acceptance of the order. In any case, both the services and the invoices of FOODIZ will be considered as final and accepted by the customer if they are not the subject of a complaint by registered mail or by e-mail within 3 days.
Unless explicitly stipulated otherwise, FOODIZ is only bound by an obligation of means in the execution of the Contract.
FOODIZ declines any liability whatsoever :
- for delays or stoppages in delivery in the event of an erroneous address indicated by the customer or difficulties in accessing its premises;
- for misunderstandings, delays or poor transmission of orders and communications resulting from the use of the Internet, an external platform or any other means of communication;
- for the direct consequences of acts of God or force majeure that prevent or hinder the execution of the Contract (bad weather, traffic accidents, traffic jams, etc.); - for any liability in the event of a delay in the execution of the Contract.);
- any liability in case of allergic reaction to the various products that may be used by FOODIZ (gluten, eggs, fish, milk, cereals, etc.) as well as the risks incurred in case of conservation and/or consumption of the products after the delivery date;
- damage of any kind affecting the customer's property or belonging to his guests, even if this damage results from his gross negligence or slight unintentional fault;
- etc.
The customer guarantees FOODIZ against any recourse that could be brought against it by third parties to the Contract, including in particular that of its personnel. If, by any chance, FOODIZ's liability should be proven, it is, in any case, expressly limited to the lowest of the following amounts: (i) the amount for which it is insured by its insurer or (ii) the amount corresponding to the value of the products ordered on the site and on which the customer bases its claim.
Customer data is collected and stored by FOODIZ for the following purposes: order fulfillment (processing necessary for the execution of the contract), customer management (processing necessary for the execution of the contract and to comply with legal obligations), marketing activities to inform and promote FOODIZ products (legitimate interest to promote its commercial activities to the customer). The customer who does not wish to be solicited by FOODIZ for direct marketing activities may at any time, by contacting FOODIZ, oppose the processing. The customer may ask FOODIZ for access to personal data concerning him/her, for the rectification of data that is inaccurate, incomplete or irrelevant, for the limitation of the processing or for the deletion of his/her data under the conditions set forth in the General Data Protection Regulation ("GDPR"). The customer also has the right to data portability for the duration of the data processing byFOODIZ. The customer also has the right to lodge a complaint with the competent supervisory authority.
The nullity or invalidity of any provision of the Agreement shall not affect the validity of the remaining provisions. If any provision is invalid or unenforceable, such invalid or unenforceable provision shall be replaced, to the extent possible, by a valid provision that comes as close as possible to the original intent of the parties.FOODIZ's failure to enforce one or more of the provisions of the Agreement shall not be deemed a waiver of such provision or a limitation of its rights or obligations.
The Contract and these general conditions are subject to Belgian law. The courts having exclusive jurisdiction to hear disputes concerning the Contract shall be the courts of the registered office of FOODIZ, in the French language, without prejudice only to its right to choose to summon the customer before the court of its registered office.
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