General conditions

for our professional customers: please scroll down for the GENERAL TERMS at the end of this page


PRIVACY
The personal data trusted to us will be processed in the database of VITAL 1926 NV, Vaart Links 61, 9850 Nevele, Belgium, BE0416.454.157. The destination of these data is twofold: (1) to carry out the orders received, and (2) for limited direct marketing purposes. VITAL 1926 NV will not sell these data nor share them with third parties. Each customer has the right to contact us to modify his/her data, in case of error. Cookies are only stored on the hard disk of the client to facilitate the use of the website. Our site recognizes the server of visitors, but not his/her e-mail address(es). VITAL 1926 NV only saves individual e-mail addresses that have been previously provided, voluntarily, by the customer, or that were communicated by the customer during the ordering process. TERMS OF USE B2C Online store: Conditions Conditions of VITAL 1926 NV, registered office: Vaart Links 61, 9850 Nevele, Belgium. VAT-nr.: BE0416.454.157. Telephone: +32 (0) 93716313 (during office hours CET), fax: +32 (0)93718428. Email: info[at]vital.be. Unless otherwise indicated in writing, all online transactions between VITAL 1926 NV and its customers are subject to the terms of use described here and accepted by the customer (even if these conditions differ from the purchasing conditions of the customer). The terms of use are available in the different languages of the website. The information about products, prices and delivery dates, as well as the dispatch instructions on the website are communicated to customers for information purposes only and may be changed by VITAL 1926 NV without prior notice. VITAL 1926 NV supplies to the countries specified on the website. To the extent possible, goods will be prepared on the next business day after receipt of the order, and made ready to send or pickup the first coming Tuesday or Thursday. VITAL 1926 NV will not pay for any damages or fines for late deliveries or pickup data.   B2C Online store: General guidelines Information about the delivery address Please fill out all the fields as accurately as possible. A phone number is necessary and compulsory. Enter the phone number without spaces and without the country code. We cannot deliver to a PO Box. We deliver during office hours, please avoid using an address of which you know the recipient will be absent most of the day. Responsibilities VITAL 1926 NV VITAL 1926 NV accepts responsibility for the timely delivery / collection date of your order, but will not be responsible for a failed delivery when (1) the customer has specified an incorrect or outdated address, (2) the recipient is absent upon repeated (minimum two) delivery attempts, or (3) the customer does not timely (within 24 hours) give a corrected/new delivery address. If the carrier is forced to return goods to us after two delivery attempts, for any of the above reasons, the customer will not be reimbursed for the product, shipment, nor any other costs incurred. Customs Recipients will never be charged with extra custom's duties or taxes. The amount of your order is always inclusive of such duties and taxes, unless they appear in the shopping cart and order confirmation (sent by e-mail) clearly. For all our shipments, it is highly unlikely but possible that custom's want to physically inspect the package. This usually slows down the delivery with 24 to 96 hours. VITAL 1926 NV cannot be held responsible for such unfortunate events. Liability VITAL 1926 NV is limited to refunding the customer (or to replacing product) if the product were damaged upon arrival. To accept "damaged product on arrival", the customer must provide photographic evidence of the unopened products to VITAL 1926 NV, by e-mail, within a reasonable period of seven calendar days. VITAL 1926 NV will not pay any compensation to the customer. VITAL 1926 NV is not responsible for material, physical or other loss or damage which a customer or third party could suffer from the consumption or use of the goods. VITAL 1926 NV recommends that people with allergies, diabetes or any other health issue should always read the information on the label carefully, and follow them. Under the Belgian law on Selling at distance, July 14th 1991, amended on May 25th 1999, the consumer has a period of 14 days after receipt of the goods, during which he/she can withdraw from the contract without penalty and without giving reason. The consumer is entitled to return the goods at his own risk and expense to VITAL 1926 NV. Individual sales packaging (a nougat bar, bag, box,...) must be unopened. - For our professional customers: 
GENERAL TERMS AND CONDITIONS OF SALE



1. General.
These terms and conditions of sale apply to all agreements with VITAL 1926 NV, Vaart Links 61, 9850 Nevele, Belgium, Crossroads Bank for Enterprises (KBO) 0416.454.157, info[at]vital.be, hereafter "VITAL".
VITAL is entitled to change these terms and conditions at any time. The changed terms and conditions will only apply to current agreements and be enforceable after they have been accepted by the Buyer in writing.

2. Orders, delivery, stocks and cancellations.
2.1. An order has only been accepted after it has been explicitly confirmed by VITAL in writing. Changes to the order made by the Buyer after this confirmation automatically cause any agreed delivery terms to expire.
2.2. Delivery terms are always indicative and non-binding unless explicitly agreed otherwise in writing.
2.3. When the Buyer undertakes to purchase the packaging material, the Buyer bears exclusive liability with regard to the nature, quality, form, quantity, etc. of the ordered packaging as well as the timely delivery to VITAL. If VITAL undertakes to order the packaging, the Buyer shall bear full liability if incorrect specifications have been provided to VITAL or if these were provided late.
2.4. The stocking of packaging material at VITAL is in principle free of charge insofar as the order is not cancelled or insofar as the Buyer does not postpone the delivery date more than twice. In that case VITAL is indeed entitled to charge a stock fee.
2.5. If the order is cancelled after delivered packaging has been stocked but still before production, VITAL is entitled to a compensation equal to 10% of the total order.
2.6. If the order is cancelled after production but before it has been packed, VITAL is entitled to a compensation equal to 10% of the order. However, if the order is not a standard recipe but a specific recipe or a specific form of the product, VITAL is entitled to compensation amounting to the total value of the order since this will have to be destroyed by VITAL. VITAL will pay the cost of destruction.
2.7. If the order is cancelled after production and after it has been packed, VITAL is entitled to payment of the total value of the order plus the cost of destruction and any other costs related to this cancellation or destruction.

3. Delivery of the order.
The place of delivery is usually VITAL's registered office, unless otherwise explicitly agreed in writing. The risk of loss or damage to the goods is transferred to the Buyer from the moment the Buyer has been notified that the order is available. In the case of force majeure or impossibility of delivery not attributable to VITAL, VITAL is by no means bound to deliver or to pay compensation.

4. Price and payment.
In principle VITAL’s invoices are always payable immediately at VITAL's registered office. The selling prices are net prices, excluding VAT, in EURO or in foreign currency after joint agreement.
In the case of non-payment of an invoice on the due date, a delay interest is automatically and without prior notice of default payable by the Buyer in application of the Combating Late Payment Act of 02.08.2002. In such a case, VITAL is also entitled to a lump sum of 10% of the invoice amount with a minimum of € 100.

5. Miscellaneous
Belgian law applies to all agreements concluded with VITAL. Disputes will be heard exclusively by the District Court in Ghent.