Identification
PABULUM FACTORY is a limited liability company (SRL), registered with the Belgian Crossroads Bank for Enterprises and VAT under number BE 0768.389.260 (hereinafter referred to as "the Seller"). the Seller " ), having its registered office at Rue Gustave Defnet, 1, 1060 Brussels.
Its place of business is at its registered office address (rue Gustave Defnet, 1, 1060 Brussels).
SRL PABULUM FACTORY manufactures and markets broth.
PABULUM FACTORY can be reached at the following e-mail address: info@monbouillon.com or at the following telephone number: +32 (0)4 75 95 56 95.
These general terms and conditions (hereinafter referred to as " general terms and conditions ") govern all orders placed and all sales concluded with the Seller, via the website www.monbouillon.com (hereinafter referred to as " the Site ) by a natural or legal person (hereinafter referred to as "the Customer " ). the Customer ), consumer or professional (hereinafter referred to as "the Consumer "). "the Consumer or "the Professional).
Any order for a product offered on the Site presupposes prior consultation and explicit acceptance by the Customer of the general terms and conditions. This explicit acceptance will take place by ticking the box corresponding to the sentence accepting the present general terms and conditions, which will be deemed to have the same value as a handwritten signature.
Acceptance of these terms and conditions assumes that the Customer has the necessary legal capacity. If the Seller becomes aware that the Customer does not have legal capacity, the Seller reserves the right to refuse the order.
These general terms and conditions apply exclusively to the exclusion of any general and/or special terms and conditions of the Customer, except with the express prior written consent of the Vendor.
These terms and conditions of sale constitute the entire agreement between the Seller and the Customer with respect to the subject matter hereof.
If, in addition to these general terms and conditions of sale, conditions specific to the products offered by the Seller apply, and there are differences between the specific supplementary conditions and the general terms and conditions of sale, in principle, the specific supplementary conditions take precedence over the general terms and conditions, unless otherwise stipulated.
Deviations from one or more of the provisions of these general terms and conditions of business are only permitted if expressly agreed in writing. In the event of derogation from one or more clauses, the other clauses of these terms and conditions remain fully applicable.
These terms and conditions may be consulted at any time on the Vendor's website. In addition, a copy of the applicable general terms and conditions will be attached to the order confirmation e-mail sent to the Customer by the Vendor, in a format enabling the Customer to download or print them.
The Vendor reserves the right to modify these terms and conditions at any time. In this case, the applicable conditions will be those in force at the time of the order placed by the Customer.
Any invalidity of one or more clauses of these general terms and conditions shall be limited to such clause(s) and shall not affect the validity of the other clauses, which shall remain in force.
The Seller is an artisan manufacturer and marketer of broth.
The products offered are those shown in the catalog published on the Vendor's Site. They are accompanied by a description of the essential characteristics of the product and a photograph.
The photographs accompanying a product description are as accurate and faithful to the product as possible. However, these photographs are illustrative only, so that a perfect similarity with the product offered is not guaranteed. These photographs are not part of the contract.
The products offered for sale on the Vendor's Site are intended for sale to the final consumer. These products may in no way be resold.
Products are offered within the limits of available stocks.
The prices mentioned in the catalog on the Vendor's Site are binding on the Vendor, except in cases of force majeure.
Prices quoted in the catalog on the Vendor's Site are in euros, and include VAT and any other taxes levied by the authorities.
VAT is normally 6% of the selling price, except for products containing alcohol, greeting cards and shipping and packaging costs, for which VAT is 21% of the selling price.
The Vendor reserves the right to modify its sales prices at any time. Nevertheless, the prices applicable to the order are those in force at the time the order is validated by the Customer.
Obvious errors in the price communicated, such as glaring inaccuracies, can be corrected even after the contract has been concluded by the Seller.
Prices displayed on the Site do not include shipping and delivery costs. These are calculated and displayed during the ordering process, before final confirmation of the order by the Customer.
By confirming his order, the Customer is liable for the price agreed at the last stage of the order procedure.
To place an order, the Customer must select the products he/she wishes to purchase, identify him/herself (surname, first name, telephone number, e-mail address, billing address, delivery address), then confirm his/her order after having viewed the order details, in particular the total price (including delivery and transport costs), and having had the opportunity to correct any errors.
In order to confirm an order, the customer must tick the box stating that he/she has read the present terms and conditions. This action constitutes signature and definitive, irrevocable acceptance of these terms and conditions.
By confirming an order, the Customer undertakes to pay the price directly in accordance with the conditions set out in article 6 of these terms and conditions.
Confirmation of the order by the Customer constitutes signature of the electronic order form and irrevocable commitment by the Customer - subject to the right of withdrawal (see article 9). The Customer is therefore bound by the elements mentioned in the electronic order form.
All orders will only be considered accepted by the Vendor once they have been confirmed in writing by the Vendor, who will send an e-mail (hereinafter referred to as the "Order Confirmation") to the e-mail address indicated by the Customer when placing the order.
This Order Confirmation will be sent automatically after the Seller has received payment for the order. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
The Order Confirmation will mention, among other things, the Vendor's contact details, the date of the order, the product(s) ordered, the total price of the order, the delivery address and delivery terms.
The invoice for the order will be attached to the order confirmation e-mail.
The Vendor cannot be held responsible for the consequences of the Customer providing incorrect information.
Without incurring any liability, the Vendor reserves the right to refuse or cancel any order or delivery (i) in the event of serious breaches by the Customer in the context of the order or any other order or contract of the Customer with the Vendor, (ii) in the event that the requests indicated by the Customer at the time of the order cannot be met by the Vendor, (iii) in the event that it is impossible to deliver the product ordered within the time limit. The Vendor will inform the Customer of the reason for the refusal.
In this case, any amounts already paid will be reimbursed to the Customer after deduction, in the case of a sale concluded with a Professional, of any sums still owed by the latter to the Seller (by conventional compensation).
Payment is made when the order is confirmed, by Bancontact/Mister Cash, bank transfer, Giropay, iDeal, PayPal, Maestro, MasterCard, MultiSafePay, Sofort Banking or Visa, according to the procedure set out on the Seller's Site, by means of a secure transaction provided by an online payment platform provider, directly into the hands of the receiving bank or payment provider.
The Vendor does not intervene in the relationship between the Customer and the card issuer and cannot be held responsible for any difficulties that may arise at the time of payment of the order.
In the case of payment by bank transfer, the order will be processed and validated by the Vendor on receipt of the total amount due (see article 5).
In this case, the article ordered by the Customer will be reserved for seven days from the date of confirmation of the order by the Customer.
The Customer must make the bank transfer so that the Seller's bank account is credited within the same period. Failing this, the Customer's order will be automatically cancelled.
The Vendor pays particular attention to the freshness and quality of its products. He does his utmost to ensure that his products are delivered to the customer in good condition.
Delivery can only take place once the order has been confirmed by the Seller (see article 5).
The delivery times mentioned in the Order Confirmation are given for information purposes only and do not constitute a commitment or a guarantee by the Vendor, who nevertheless undertakes to do his utmost to meet the stated delivery times, although a delay in delivery may not give rise to cancellation or compensation.
From the date of confirmation of the order by the Vendor, if the products ordered are available, they will be delivered to the Customer within thirty days if the delivery address is in Belgium.
If the delivery address is outside Belgium, the delivery time varies according to the destination country: 30 days.
If a product is out of stock and cannot be delivered within thirty days of Order Confirmation (or within the time allowed for delivery outside Belgium), the Vendor will inform the Customer by e-mail within three working days of Order Confirmation. The Vendor will inform the Customer that he has the choice of either waiting, modifying his order, or cancelling it free of charge. In the latter case, the Customer will be reimbursed for the payment(s) already made for the product ordered, within thirty days of cancellation. Under no circumstances, however, will non-delivery due to stock shortage give rise to any compensation whatsoever in favour of the Customer.
If a product is not delivered within thirty days of the Order Confirmation (or within the period specified for delivery outside Belgium), the Customer will inform the Vendor by e-mail or post. From the date of this written notification by the Customer, the Vendor has a further fourteen days in which to deliver the product ordered. If the product is not delivered within this new period, the Customer is entitled to cancel the contract at no cost. The Customer will be reimbursed for the payment(s) already made for the product ordered, within thirty days of the cancellation. In no case, however, will non-delivery due to stock shortage give rise to any compensation whatsoever in favour of the Customer.
The Vendor cannot be held responsible if the carrier is unable to deliver the parcel within the time limit indicated in the event of force majeure, if the address given by the Customer is incorrect or if the Customer is absent at the time of delivery.
Products are delivered to the address indicated by the Customer at the time of ordering.
The Vendor cannot be held responsible for an error in the delivery address. Such an error may entail additional costs, which will be reimbursed to the Customer.
The Seller delivers its products only to European countries. The products offered for sale on the Vendor's Site are delivered to the countries accepted on the Site. For other countries, the Customer must contact the Vendor.
Any import charges and customs duties shall be borne by the Customer. It is the customer's responsibility to make any necessary declarations.
Given their nature, deliveries to P.O. Boxes will be refused by the Seller. The Vendor therefore reserves the right to refuse any order mentioning a P.O. Box.
If the address given by the Customer is a P.O. Box, the Customer shall bear the costs of order preparation, shipping, transport and loss of goods.
When the customer has chosen the option of having the goods ordered delivered to him, this takes place :
at the risk and peril of the Professional, except in the case of theft or gross negligence on the part of the Seller or its agents. The name of the chosen carrier is communicated during the order process to the Professional who, by validating the order, accepts this choice of carrier and the application of the carrier's general conditions. In this case, acceptance and transfer of risk take place when the goods are collected by the carrier.
In the event of return of the products ordered, the Customer (Consumer or Professional) bears the risks associated with the return transport of the products.
Shipments that are delivered to a collection point (e.g. in the absence of the recipient) and are not collected within seven days of this delivery are automatically returned to the Seller.
Any delivery deposited at a collection point and not collected by the Customer within seven days of such deposit shall automatically result in the cancellation of the sale to the detriment of the Customer.
In this case, the Customer will be automatically and irreducibly liable to pay compensation equivalent to the full price of the order (including taxes and other charges) which, if the Customer is a professional, may be deducted in whole or in part from the amount(s) already paid by the Customer for the order in question and/or under a previous contract.
In addition, the costs of return shipment to the Seller are borne by the Customer.
If the total amount due is less than the amount already paid by the Customer, the balance will be paid to the Customer in accordance with the same procedure as that used for payment, within 30 days of notification of the cancellation of the contract to the Customer's detriment, less, in the case of a sale concluded with a Professional, any sums still owed by the latter to the Vendor. If the aforementioned amount is greater than the amount paid by the Customer, in the case of a deposit and/or payment in instalments, the balance must be paid into the Vendor's account within the same 30-day period.
Given their nature, products ordered must be immediately stored in the refrigerator upon receipt by the Customer.
The Vendor is only bound by an obligation of means. Its liability is therefore limited or non-existent in certain cases (see below) and in all cases limited to the amount of the final order.
He cannot be held responsible for non-performance of the contract due to force majeure.
With regard to the products purchased, the Vendor shall not be held liable for any indirect damage that may occur.
The seller cannot be held responsible in the event of breakage during collection by the carrier.
The choice and purchase of a product are the sole responsibility of the Customer.
The products offered comply with current Belgian legislation. The Vendor may not be held liable in the event of non-compliance with the legislation of the country to which the product is delivered. It is the Customer's responsibility, before placing an order, to check with the competent authorities of the country of delivery, the possibility of importing or using the product he/she wishes to order.
The Seller's Website is offered without any explicit or implicit guarantee as to its proper functioning. The Seller is not liable for any damages resulting from the use of the Site, whether proven or not, nor for any damages caused by incorrect, incomplete, equivocal or obsolete content, or by language errors on the Site.
The Vendor makes every effort to provide access to the Website 24 hours a day, 7 days a week. However, given the technical characteristics of the Internet and computer tools, and the need for periodic maintenance, updates and upgrades, the Vendor cannot guarantee uninterrupted service and access to the Site. In the event of normally acceptable interruptions or disruptions to access, the Vendor will make every effort to resolve the problem as quickly as possible. Such normally acceptable interruptions or disruptions are specific to Internet sales. They cannot be considered as a default and will not give rise to compensation.
Websites to which the Vendor may provide links are not managed, hosted or maintained by the Vendor. The Vendor cannot therefore be held responsible for the content of these websites, nor for any links they may contain, nor for any updates made to these websites.
It is the Customer's responsibility to check the condition and conformity of the goods when taking possession of them, and in the event of delivery by a carrier, to mention - under penalty of forfeiture - on the delivery note, invoice or transport document, any apparent defect or non-conformity of the product delivered.
Any complaint concerning a lack of conformity must be sent to the Vendor within 24 hours of taking possession of the goods, by e-mail to info@monbouillon.com, mentioning the information needed to identify the product and the problem encountered.
Failing this, the goods will be deemed to have been accepted as they are. Furthermore, claims will not be accepted if the goods have been handled by the Customer or one of the persons for whom he is responsible, or if they have been stored in an unsuitable place.
In the event of a proven product defect accepted by the Seller, the latter will replace the product at no cost to the Customer.
The Vendor also guarantees the Consumer for defects and non-conformities existing at the time of delivery in application of the law of September 21, 2001 (articles 1649bis to 1649octies of the Civil Code).
In this case too, the Consumer must, under penalty of foreclosure, report the defect to the Seller within two months of its appearance, by e-mail to info@monbouillon.com, mentioning the information needed to identify the product and the problem encountered.
The invoice or delivery note serves as the warranty certificate and must be kept by the consumer and produced in the original.
These warranties do not apply to defects or damage caused by negligence, mishandling, improper storage, etc. by the Customer.
Any warranty given by the Seller is not transferable by the Customer, and shall cease to be valid from the moment ownership of the goods is transferred by the Customer to a third party. In this case, the Customer shall indemnify the Vendor against any action by a third party.
After the Vendor has sent a document entitled "Request for Return " ( R. R.R.), the Customer must return the non-conforming product to the Vendor, at his expense and under his responsibility, within seven calendar days of sending the R.R.R., in its original packaging, accompanied by the invoice or original delivery note.
If the warranty applies, the Seller will replace the product affected by a hidden defect with an identical product.
This article only applies when the Customer is a Consumer as defined by the Code of Economic Law.
The Consumer has the right to withdraw from the contract concluded without giving any reason within a period of fourteen days from the date of taking physical possession of the products ordered.
To exercise the right of withdrawal, the Consumer must notify the Seller of his decision to withdraw from the contract concluded by means of an unambiguous declaration by ordinary mail or e-mail.
The Consumer may use the model withdrawal form, but this is not obligatory. The model withdrawal form can be downloaded by following this link.
Upon receipt of the Consumer's notice of withdrawal, the Seller will send the Consumer an acknowledgement of receipt and a document entitled "Request for Return " (RFR) on a durable medium.
The Consumer will then have a maximum of fourteen days from receipt of the aforementioned documents to return the goods, together with the DRE, at his expense and under his responsibility, to the following address of the Vendor: rue Dieudonné Lefèvre, 4, 1020 Brussels, unless the Consumer has been given other instructions.
Products must be returned in their original packaging in perfect condition, undamaged, with no trace of use, modifications and/or alterations, accompanied by all accessories and the original invoice or delivery note. Products returned in this way must not have been unpacked, unsealed or used in any way. Incomplete, damaged or soiled goods will not be accepted.
Upon receipt of proof of the return shipment or upon receipt of the returned products (whichever occurs first), the Seller will refund to the Consumer all payments received from the Consumer under the said contract, including the costs of the initial delivery (with the exception of additional costs arising from the fact that the Consumer has chosen, any additional costs arising from the fact that the Consumer has chosen a delivery method other than the less expensive standard delivery method proposed by the Vendor) without undue delay and, in any event, no later than fourteen days from the day on which the Vendor was informed of the decision to withdraw from the contract concluded.
The Vendor will proceed with the refund using the same means of payment that the Customer used for the initial transaction, unless the Customer expressly mentions a different means. In any event, this refund does not incur any costs for the Consumer.
The Consumer shall only be liable for any depreciation of the goods resulting from handling other than that necessary to check their conformity.
The right of withdrawal does not apply to the following contracts:
Any complaints that the Customer may wish to make concerning the service offered by the Vendor and/or the products supplied may be sent by e-mail to the following address: info@nmonbouillon.com or in writing to the following postal address: rue Gustave Defnet, 1 à1060 Bruxelles.
In order to be able to deal with them quickly and correctly, complaints must at least mention the order number as well as the customer number and contact details (surname, first name and address).
The Seller undertakes, in its capacity as personal data controller, to process the personal data communicated to it by the Customer, its prospects, its suppliers and all users of its Site in strict compliance with Belgian and European legislation on the protection of privacy and personal data, namely the Act of December 8, 1992 on the protection of privacy with regard to the processing of personal data and the General Data Protection Regulation (RGPD) of April 27, 2016.
Any information relating to an identified or identifiable natural person (hereinafter referred to as the "data subject"; an "identifiable natural person" is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to his or her physical, physiological, genetic, mental, ecomnomic, cultural or social identity.
As this data is strictly confidential, the Vendor undertakes not to disclose it to third parties - except where such disclosure is necessary to process the order - and to use and store it only for the following purposes: to improve its internal operations, to process orders, to reinforce and personalize communication, in particular by information letters/e-mails, and to personalize the Site according to the Customer's preferences.
The Vendor retains personal data for as long as is necessary to enable the Vendor to meet its legal and/or contractual obligations, as well as to maintain a good operational overview (proper bookkeeping, efficient management of customer relations, etc.). Data is kept for a maximum of 10 years after the order has been completed.
The Seller has implemented appropriate technical and organizational security measures to prevent the destruction, loss, falsification, modification, unauthorized access by third parties or erroneous notification to third parties of the personal data collected, as well as any unauthorized processing of such data.
For his part, the site user undertakes to comply with security standards to prevent misuse of his personal data (up-to-date antivirus software, non-disclosure of his ID to third parties, etc.). Access codes are personal and confidential, and the Vendor can therefore under no circumstances be held responsible for any direct or indirect damage resulting from the illicit use of a user's access codes.
All data subjects have the right to consult their personal data free of charge and to find out how the Seller uses this data.
They are free to choose whether or not to communicate their data to the Vendor, and also have the right to ask the Vendor at any time to rectify, complete or delete their personal data, or to limit its processing. They acknowledge, however, that in the event of refusal to communicate or request the deletion of personal data, the Vendor will be unable to respond to the request and/or process the order.
They also have the right to object to the processing of their personal data on compelling and legitimate grounds. They also have the right to object to the use of their personal data for direct marketing purposes without having to give any reason.
They have the right, if they so request, to receive personal data supplied to the Seller in a structured, commonly used and machine-readable format and to transmit this data to other data processors.
Insofar as processing is based on prior consent, the data subject has the right to withdraw such consent.
The persons concerned may exercise their rights by contacting the Seller for this purpose by e-mail at info@monbouillon.com or by post at the following address: rue Gustave Defnet, 1, 1060 Brussels.
12.6.6. The persons concerned have the right to lodge a complaint with the Belgian Privacy Commission: Commission de la vie privée, rue de la presse, 35 à 1000 Bruxelles, Tél +32 (0)2 274 48 00 , Fax +32 (0)2 274 48 35, e-mail : commission@privacycommission.be
This is without prejudice to any recourse before a civil court.
Consultation of the Vendor's Site may result in the installation of cookies on the user's computer. Cookies simplify the visit and optimize the ergonomics of the dialogue.
The installation of cookies may be refused by the User, but this refusal may prevent access to certain Site services.
All intellectual property rights to informative, communicative or other publications relating to the products marketed by the Seller belong to the Seller, its suppliers or other entitled parties.
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents, and more generally by intellectual property and database law. They are the exclusive property of the Vendor.
The Customer is not authorized to use and/or modify the Seller's intellectual property rights, in particular by reproduction, without the prior express written consent of the Seller, its suppliers or other entitled parties, unless it is for purely private use of the product itself.
Any natural or legal person who has a personal Internet site and who wishes to place on his or her own site, for personal use, a link referring directly to the Vendor's site, must obtain the Vendor's prior express written consent. This will not constitute an implicit affiliation agreement. On the other hand, any hypertext link to the Vendor's site using framing, in-line or deep linking techniques is strictly prohibited. In all cases, any link, even if tacitly authorized, must be withdrawn at the Vendor's request.
The computerized registers, kept in the computer systems of the Seller and its partners under reasonable conditions of security, will be considered as proof of communications, orders and payments between the Parties.
In the event of force majeure, the Seller is not bound by its obligations. In this case, it may either suspend its obligations for the duration of the force majeure event, or definitively terminate the contract without compensation.
Force majeure consists of all circumstances beyond the control and will of the Seller, which prevent it from fulfilling all or part of its obligations. This includes, but is not limited to, the following events: strikes, unforeseen traffic jams, accidents on European roads, fires, malfunctions, power failures, disruptions to a telecommunications network or connection, or to the communication systems used and/or the temporary inaccessibility of the Website, failure or delay in delivery by a supplier or any other third party involved, etc.
Only Belgian law and the present general terms and conditions are applicable to the relationship between the Vendor and the Customer.
Any contract formed under the terms of the present contract shall be executed at the Seller's place of business. In the event of any dispute relating to this relationship, the courts of this place of business shall have exclusive jurisdiction.
