3. APPLICABILITY

3.1 The legal relationship between the Buyer and VITB and everything related thereto is exclusively subject to the following standards: (in hierarchically descending order, the following in the absence or silence of the foregoing) (1) the written and signed special agreement; (2) the electronic Order Confirmation; (3) these General Terms and Conditions; (4) Articles 4-39 and 41-88 of the Vienna Sales Convention; (5) Belgian law. VITB rejects all other standards and conditions, with the sole exception of the conditions that VITB has expressly agreed in writing with the Buyer. These expressly accepted written deviations are valid only for the agreement to which they relate and cannot be invoked in any other, even similar, agreements. The Buyer accepts that these General Terms and Conditions shall be the only ones applicable, to the exclusion of its own general or specific (purchase) conditions, even if these stipulate that they are the only ones applicable. By using the Website, filling the digital shopping cart on the VITB Website, placing an order, and/or entering into any agreement via the Website, the Buyer declares to have read and agreed to these General Terms and Conditions and all other rights and obligations as stated on the Website. In these cases, the Buyer is therefore bound by these General Terms and Conditions and the aforementioned rights and obligations.

3.2 These General Terms and Conditions do not prejudice the statutory rights mandatorily granted to the Buyer under applicable national consumer protection legislation, including the statutory guarantee of conformity of the goods.

3.3 The possible invalidity of one of the provisions of these General Terms and Conditions or a part of a provision shall not affect the applicability of the remaining provisions and/or the rest of the provision. In the event of invalidity of one of the provisions, VITB and the Buyer shall, to the extent possible and in accordance with their loyalty and conviction, negotiate to replace the invalid provision with an equivalent provision that corresponds to the general spirit of these General Terms and Conditions.

3.4 If VITB fails to enforce or apply one or more of the rights listed in these General Terms and Conditions, whether occasionally or even repeatedly, this shall be regarded merely as tolerating a certain situation and shall not result in forfeiture of rights. Such failure shall never be construed as a waiver of said provision(s) and shall never affect the validity of these rights.

3.5 VITB reserves the right to amend these General Terms and Conditions at any time. It is the responsibility of the Buyer to consult these General Terms and Conditions regularly.

4. QUOTE, ORDER – REALIZATION ONLINE PURCHASE

4.1 Every offer on the Website, in catalogues, newsletters, notes, brochures, and other promotional announcements is for informational purposes only. VITB may modify or withdraw offers on the Website at any time. In any case, offers are valid only while stocks last. Obvious errors and/or obvious mistakes in the offer do not bind VITB. Despite the fact that the catalogues, Website, and other promotional announcements are compiled with the greatest possible care, it is nevertheless possible that the information offered is incomplete, contains material errors, or is not up to date. VITB is only bound by an obligation of means regarding the accuracy, updating, or completeness of the information offered. VITB is in no case liable for material errors, typesetting errors, or printing errors.

 4.2 Quotations from VITB are entirely without obligation and are to be regarded solely as an invitation to purchase or place an order by the Buyer, unless expressly stated otherwise. A quotation is valid only for the specific assignment to which it relates and therefore does not automatically apply to subsequent similar assignments.

4.3 The agreement between VITB and the Buyer is concluded only after the Buyer has placed an order on the Website and VITB confirms this order via email (hereinafter referred to as the “Order Confirmation”). In the Order Confirmation, the Buyer receives a summary of the order and an overview of these General Terms and Conditions. VITB always reserves the right to refuse orders – without giving reasons.

4.4 Cancellation of an order before it has been shipped is always possible and free of charge. Cancellation of an order after it has been shipped must be done in accordance with the withdrawal procedure as provided for in Article 5 of these General Terms and Conditions. If the Buyer wishes to cancel an order, he must contact customer service immediately: by telephone: +32 11 70 50 80 or by email bestellingen@vlees-in-the-box

4.5 The Buyer may exchange the purchased products for other products or a credit voucher within a period of 365 calendar days after the date of receipt, with or without payment of a surplus taking into account the price of the products for which the already purchased products are being exchanged. If the Buyer wishes to exchange the products purchased by him, he must notify VITB (3512 Stevoort (Belgium), Regenakkerstraat 9, info@vlees-in-the-box.be) thereof by post or e-mail. If VITB agrees to the exchange, VITB will contact the Buyer to arrange the exchange at VITB's expense. VITB will also inform the Buyer of any refusal of a request for exchange. The products purchased by the buyer can only be exchanged if they have not been used and are in the same condition as at the time of delivery. Furthermore, the products must be returned/delivered back in the original packaging, including all accessories supplied with the product.

5. RIGHT OF WITHDRAWAL

5.1 The Consumer has a right of withdrawal regarding the products purchased via the webshop. Pursuant to Book VI Market Practices & Consumer Protection of the Code of Economic Law, the Consumer has the right to withdraw from the agreement within a period of 14 calendar days without giving reasons. The withdrawal period expires 14 calendar days after the day on which the Consumer or a third party designated by the Consumer, who is not the carrier, physically takes possession of the product.

5.2 To exercise the right of withdrawal, the Consumer must notify VITB (3512 Stevoort (Belgium), Regenakkerstraat 9, info@vlees-in-the-box.be) of their decision to withdraw from the agreement by means of an unambiguous statement sent by post or email. The Consumer may also use the model withdrawal form (downloadable from the Website) for this purpose, but is not obliged to do so. To comply with the withdrawal period, it is sufficient for the Consumer to send their notification regarding the exercise of the right of withdrawal before the withdrawal period has expired.

5.3 If the Consumer revokes the agreement, the Consumer shall receive back all payments made by him at that time from VITB, including delivery costs (with the exception of any additional costs resulting from the Consumer's choice of a delivery method other than the cheapest standard delivery offered by VITB) without undue delay and in any event no later than 14 calendar days after VITB has been notified of the Consumer's decision to revoke the agreement, taking into account the provisions of Article 13.2 of these General Terms and Conditions. VITB shall then refund the Consumer using the same payment method with which the Consumer made the original transaction, unless the Consumer has expressly agreed otherwise. In any event, the Consumer shall not be charged any costs for such refunds. VITB may withhold the refund until VITB has received the products back or the Consumer has demonstrated that he has returned the products, whichever occurs first. The refund of delivery costs by VITB shall always be pro rata. (For example: A consumer purchases 2 products and returns 1 upon withdrawal. In that case, VITB is only required to refund 50% of the delivery costs.) However, if VITB applies a fixed delivery cost, VITB will not be obliged to refund any delivery costs in the event of a partial withdrawal.

5.4 The Consumer must hand over the products to VITB or have the products collected by VITB without delay, but in any event no later than 14 calendar days after the day on which he notified VITB of the decision to withdraw from the agreement. VITB will arrange the collection according to its own choice of transport and in consultation with the customer regarding the date and time. The direct costs of returning the products shall be borne by VITB, unless otherwise agreed. The returned product must not have been used and must be in the same condition as at the time of delivery. Furthermore, the product must be returned in the original packaging in which it was shipped, whether opened or not, and including all accessories supplied with the product, so that VITB can still resell the product to a third party even after withdrawal. The Consumer is only liable for the diminished value of the products resulting from the use of the products that goes beyond what is necessary to establish the nature, characteristics, and functioning of the products.

5.5 The right of withdrawal applies free of charge to:

- products that are manufactured according to the Consumer's specifications or that are clearly intended for a specific person;

- products whose expiration date has passed or that spoil quickly

- products that can spoil or age quickly or that have a limited shelf life (such as yeasts, enzymes, etc.);

- sealed products that – for reasons of health protection or hygiene – are not suitable for return once the packaging has been opened (e.g. additives, etc.);

- alcoholic beverages the price of which was agreed upon at the conclusion of the agreement, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which VITB has no influence.

5.6 In no event shall a professional Buyer have the right of withdrawal.

6. PRICE AND COSTS

6.1 The stated price applies only to the products as they are described verbatim. Materials, accessories, and fittings not mentioned in the information about a specific product are not included. The accompanying photo is for decorative purposes only and may contain elements that are not included in the stated price.

6.2 All prices are expressed in Euros and include VAT, any import/export duties, and reservation and/or administrative fees, but exclude any delivery or shipping costs. Shipping costs are not included. They depend on the chosen shipping method, the weight of the products, the delivery address, etc. During the online ordering process, step 1 will indicate exactly how much shipping costs will be charged. The chosen shipping method and final shipping costs are also stated on the Order Confirmation that the Buyer receives upon concluding the agreement. Additional costs associated with the Buyer's choice of payment method may be charged by VITB.

6.3 VITB reserves the right to change the prices stated on the Website at any time. Nevertheless, the products will be invoiced based on the rates applicable at the time the order was accepted. Obvious errors, manipulations, or mistakes (such as evident inaccuracies) may be corrected by VITB even after the conclusion of the agreement.

6.4 Currency fluctuations, increases in material and raw material prices, wages, salaries, social charges, government-imposed costs, (environmental) levies and taxes, transport costs, import and export duties, or insurance premiums (this is merely an illustrative list) occurring between the placing of the order and the delivery of the products may give rise to a price increase. However, if the price is increased, the Buyer has the right to terminate the agreement without cost within 48 hours. This termination shall not give rise to the payment of any compensation by VITB.

7. DELIVERY OF THE PURCHASED PRODUCTS

7.1 Unless otherwise agreed, deliveries are made as standard in accordance with the Incoterm® “Delivered At Place” (DAP) (Incoterms® 2010) at the delivery address specified by the Buyer. Consequently, the transfer of risk for damage, destruction, and loss of the products passes at the moment of actual delivery. At this moment, VITB is also released from its delivery obligation.

7.2 Any delivery not explicitly provided for in the Buyer's order and/or the Order Confirmation from VITB shall be deemed an additional delivery at the request of the Buyer and shall be charged as such.

7.3 Except with regard to agreements with a Consumer, VITB always reserves the right to split deliveries or to attach other conditions to the delivery.

7.4 Except in the case of cash on delivery and payment by bank transfer after receipt of the invoice, an order will only be shipped after VITB has received payment. VITB strives to always deliver orders on the delivery day chosen by the customer, provided that the ordered products are in stock. The Buyer must indicate their preferred method of delivery during the online ordering process.

7.5 The delivery period, including that stated on quotations, orders, and Order Confirmations, is however always indicative and is not an essential component of VITB's obligations towards the Buyer. Exceeding the communicated delivery period can never give rise to the payment of any compensation nor to the dissolution of the purchase between VITB and the Buyer, with the understanding that VITB undertakes – except for pre-sales – to deliver in any event within 30 days after payment. In any case, VITB can never be held liable for delays caused by the Buyer or third parties. Changes to the order automatically result in the cancellation of the previously stated estimated delivery periods.

7.6 In the event of the Buyer's absence at the delivery address indicated by him, a message will be left by the transport service for the purpose of contacting VITB and the Buyer. After contact has been made with the Buyer, a second attempt will be made to deliver the products. In the absence of any response from the Buyer within a period of five (5) working days after the first delivery attempt or in the event of the Buyer's absence during the second delivery attempt, the products will be returned to VITB's registered office. The costs of the return shipment, as well as any associated costs (such as, but not limited to, taxes, VAT, storage costs, etc.), will be for the account of the Buyer. In such a case, the agreement between VITB and the Buyer will be deemed dissolved. Any price already paid by the Buyer will be refunded by VITB, less the aforementioned return shipment costs and any associated costs.

8. INVOICING AND PAYMENT

8.1 Orders must always be paid in advance by the Buyer. When placing the order, the Buyer has the choice between various payment options:

- Credit card (VISA/MASTERCARD)

- Maestro

- Bancontact/Mister Cash

- iDEAL

8.2 Complaints regarding invoices must be reported to VITB within a period of 3 working days after the invoice date, failing which they will be inadmissible. These complaints do not release the Buyer from its payment obligation.

8.3 By ordering a product, the Buyer expressly agrees to the use of electronic invoicing by VITB, unless otherwise agreed in writing between the parties.

8.8 Filing a complaint does not release the Buyer from his payment obligation.

9. RETENTION OF TITLE

9.1 The delivered products shall remain the exclusive property of VITB until the moment of full payment of the principal sum, interest, and costs by the Buyer. Until then, the Buyer may not sell or pledge the purchased products to a third party or dispose of them in any way. If the Buyer nevertheless resells the purchased products before having paid the aforementioned amounts in full and correctly, the said right shall transfer to the resulting sales price. However, the risk of loss or damage passes to the Buyer upon delivery. The Buyer undertakes, if necessary, to inform third parties of VITB's retention of title (for example, anyone who might seize the articles that have not yet been fully paid for).

9.2 In the event of non-payment or incomplete payment on the due date of any of the invoices, VITB shall have the right, by operation of law and without prior notice of default, to reclaim the products already delivered from the Buyer. When VITB receives the products back and they are still in good condition (this involves evaluating, among other things, the proper cooling and storage of these products), the amounts already paid shall be refunded to the Buyer, less: (1) loss of profit, assessed on a flat-rate basis at 15% of the total invoice amount; and (2) a flat-rate compensation of 5% of the total invoice amount for (additional) management and administrative costs. All this applies without prejudice to VITB's right to prove higher damages.

10. ACCEPTANCE, WARRANTY AND COMPLAINTS

10.1 Pursuant to the Law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has a statutory guarantee of 2 years. This statutory guarantee applies from the date of purchase by (or, where applicable, delivery to) the first owner.

10.2 The Buyer must carry out an initial verification immediately upon receipt of the purchased products. This immediate verification obligation relates to, among other things (purely illustrative list): quantity, conformity of the delivery, visible defects, correct location(s), etc. The Buyer must notify VITB of immediately verifiable deviations in writing (by post or via info@vlees-in-the-box.be) within 48 hours of delivery, under penalty of forfeiture, referring to the correct delivery note number and/or Order Confirmation.

10.3 Putting into use, processing, repackaging, and/or reselling the products supplied by VITB shall be considered as product inspection and acceptance, shall constitute final delivery of the relevant products, and shall release VITB from its responsibilities and liability in accordance with Article 11 of the General Terms and Conditions.

10.4 Complaints regarding hidden defects in the delivered products must be reported to VITB in writing (by post or via e-mail) within 48 hours of discovery of the defect, under penalty of inadmissibility, referring to the correct delivery note and/or Order Confirmation number. Such complaints may be reported to VITB within the statutory warranty period, provided that VITB will not be liable for any loss of quality resulting from causes inherent in the nature of the product (including, but not limited to, normal aging). VITB undertakes to accept properly reported complaints within 14 calendar days after delivery. In no case shall VITB be liable for loss of quality and damage resulting from handling or improper use of the products by the Buyer.

10.5 In the event of complaints reported to VITB in a timely and correct manner, VITB will, at its own discretion: (1) replace the defective products, insofar as the same products are still in stock. If the defective product is no longer in stock, VITB may choose to provide the Buyer with an equivalent of the defective product (e.g. a voucher); or (2) take back the defective product, with credit to the Buyer. The Customer acknowledges that these measures each individually constitute full and adequate compensation for any possible damage resulting from any defects and accepts that the execution of these measures cannot be considered as an acceptance of liability by VITB.

10.6 Under no circumstances may the Buyer return products to VITB pursuant to this Article 10 without the latter's prior written consent. VITB reserves the right to determine the defects on-site together with the Buyer and to investigate the cause thereof. If necessary, VITB will contact the Buyer to practically arrange the return of products accepted by VITB, whereby VITB will bear the costs.

10.7 The possible replacement of products shall not give rise to the payment of any compensation, nor to the dissolution of the agreement between VITB and the Buyer.

10.8 Complaints and/or any (partial) replacement of products shall in no case release the Customer from its payment obligation within the term(s) stipulated in the written agreement between VITB and the Buyer, the Order Confirmation issued by VITB, these General Terms and Conditions, and/or the respective invoice.

10.9 The Customer is obliged to reimburse costs incurred as a result of unjustified complaints.

10.10 If the Consumer has a dispute with VITB and has already consulted the latter regarding this matter, the Consumer has the option to seek advice or lodge a complaint with BeCommerce, as provided for in Article 19.

11. LIABILITY

11.1 Except for the indemnification provided by VITB in accordance with the warranty provision in Article 10 of these General Terms and Conditions, VITB's liability towards the Buyer is limited to the liability mandatorily imposed by law and is in any event limited to the lower of the following two amounts: (1) the respective invoice amount (excl. VAT); (2) the amount VITB receives from its insurer in the context of the respective liability file pursuant to the liability insurance policy taken out by VITB.

11.2 VITB shall in no event be liable for: (1) indirect damage (including, but not limited to, loss of revenue, damage to third parties), (2) defects caused directly or indirectly by the act of the Buyer or of a third party, regardless of whether this is caused by fault or negligence, (3) damage resulting from the incorrect or inappropriate use of the purchased products, nor for an unintended and/or unwanted interaction resulting from the simultaneous use of the product with other products, (4) damage resulting from the failure of the Buyer, its staff or employees and/or the end user to comply with statutory and/or other obligations.

11.3 The Buyer acknowledges that VITB offers no guarantee that the products comply with the regulations or requirements applicable in any jurisdiction, except for the regulations or requirements applicable in Belgium, as they apply at the time of delivery of the product to the Buyer by VITB, such that VITB cannot be held responsible for subsequent changes in legislation of any nature whatsoever.

11.4 The Buyer is solely responsible for the resale of the purchased products and guarantees to comply with all (legal and other) obligations in this regard.

12. INDEMNIFICATION

12.1 The Buyer shall fully indemnify and defend VITB against all claims and proceedings, including claims and proceedings by third parties, that may arise from, or be the result of, any act or omission of the Buyer in violation of the written agreement between VITB and the Buyer, the Order Confirmation issued by VITB, these General Terms and Conditions, and/or other (statutory) obligations of the Buyer.

12.2 The Buyer shall indemnify VITB for all damages, including legal and other costs, arising in connection with its defense regarding the claims and/or proceedings referred to in Article 12.1 of these General Terms and Conditions.

13. PROMOTIONS

13.1 Promotional offers by VITB, in any form whatsoever (such as, but not limited to, price reductions, coupons, free shipping, etc.), must always be used in accordance with the guidelines as expressly stated in this regard. In any case, they may only apply to one (1) order, cannot be cumulated, and are of a personal nature.

13.2 In the event that the Consumer exercises the right of withdrawal for products that were the subject of a promotional offer, VITB reserves the right to recalculate the price of the products that were not subject to the withdrawal. For example: a promotional offer stating that product B can be obtained at half price upon purchase of product A. The Buyer withdraws product A. In that case, the promotional conditions are no longer met, and the full price must be paid for product B. In that instance, VITB will refund the funds, in accordance with Article 5 of these General Terms and Conditions, less the additional amount still to be paid for product B.

14. FORCE MAJEURE AND HARDSHIP

14.1 VITB is not liable for any failure to perform its obligations caused by force majeure or hardship.

14.2 In the event of force majeure or hardship, VITB may, at its own discretion and judgment, without prior notice of default or judicial intervention being required, and without any right of recourse against VITB:

(1) propose to the Buyer to replace the missing products with a functional equivalent;

(2) temporarily suspend the performance of its obligations;

(3) terminate the agreement between VITB and the Buyer out of court; and/or

(4) invite the Buyer to renegotiate the agreement between VITB and the Buyer. If the Customer does not participate in these renegotiations in good faith, VITB may, in accordance with Article 23 of these General Terms and Conditions, request the court to determine new contract terms and/or to order the Buyer to pay damages.

14.3 Force majeure and hardship include, but are not limited to (purely illustrative list): unavailability and/or scarcity of certain materials; raw material shortages; currency fluctuations, increases in material prices, prices of auxiliary materials and raw materials, wages, salaries, social security charges, government-imposed costs, levies and taxes, transport costs, import and export duties or insurance premiums; ice formation; exceptional weather conditions; strikes; mobilization; war; illness; accidents; communication and IT failures; government measures; export bans; delays in supply; transport and/or movement impediments, including lack of or withdrawal of transport options; export impediments; import impediments; breakdowns; traffic jams; etc.

15. NETTING

15.1 In accordance with the Financial Securities Act of 15 December 2004, VITB and the Buyer shall automatically and by operation of law offset and set off all currently existing and future claims against each other. This means that in the ongoing relationship between VITB and the Buyer, only the largest claim remains on balance after the aforementioned automatic set-off.

15.2 This set-off shall in any event be enforceable against the bankruptcy trustee and the other concurrent creditors, who will therefore not be able to object to the set-off carried out by the Buyer and VITB.

16. SUSPENSION AND DISSOLUTION

16.1 In the event of any change in the Customer's situation, such as death, conversion, merger, acquisition, transfer, liquidation, suspension of payment, collective or amicable settlement, request for deferment of payment, cessation of activity, seizure, or any other circumstance that may damage confidence in the Buyer's creditworthiness, VITB reserves the right, on account of that mere fact: either to suspend the execution of one or more agreements with the Buyer until such time as the Buyer provides adequate security for payment; or to declare one or more agreements with the Buyer dissolved as of the date of dispatch of the dissolution, without prior notice of default and without judicial intervention, without prejudice to VITB's right to claim additional damages.

16.2 If the agreement between VITB and the Buyer is terminated, whether or not pursuant to the right of dissolution described in Article 16.1 of these General Terms and Conditions, the Buyer shall lose the right to require VITB to comply with its obligations regarding the terminated agreement.

17. INTELLECTUAL PROPERTY

17.1 VITB remains the exclusive holder of all intellectual property rights it holds on the products it supplies. VITB guarantees that it possesses the necessary licenses to offer its product range.

18. PERSONAL DATA AND VISUAL MATERIAL

18.1 The Buyer grants VITB permission to include the personal data provided by the Buyer in an automated data file. This data will be used for the purpose of conducting information or promotional campaigns in connection with the products offered by VITB. The Buyer authorizes VITB to transfer this data to third parties for the processing of the order.

18.2 The Buyer may at any time request access to and correction of his data. If the Buyer no longer wishes to receive commercial information from VITB, the Buyer must inform VITB of this:

- by post: VITB NV, Regenakkerstraat 9, 3512 Stevoort

- by e-mail: info@vlees-in-the-box.be

18.3 The Customer grants VITB permission to use visual material of the products delivered to the Customer for: (purely illustrative list) general information, promotional purposes, publication on the Website, publication in brochure(s), etc.

19. DISPUTES   

19.1 Agreements between VITB and the Buyer are governed exclusively by Belgian law, insofar as international private law permits.

19.2 Disputes between the Consumer and VITB regarding the conclusion or execution of agreements concerning products and services to be supplied or supplied by VITB may, subject to the provisions set out below, be submitted to BeCommerce by both the Consumer and VITB.

19.3 A dispute will only be handled by the BeCommerce Disputes Committee if the Consumer has submitted his complaint to VITB in accordance with the procedure set out in Article 10 of these General Terms and Conditions.

19.4 VITB is bound by this choice of the Consumer to submit a dispute to BeCommerce.

19.5 When VITB requests intervention, the Consumer shall, within five weeks of a written request to that effect made by VITB, state in writing whether he also wishes to do so or whether he wishes to have the dispute handled by the competent court. If VITB does not receive the Consumer's choice within the period of five weeks, VITB is entitled to submit the dispute to the competent court.

19.6 Disputes between VITB and the Buyer submitted to the court shall fall under the exclusive jurisdiction of the competent courts of VITB's registered office, unless VITB chooses to bring a dispute before the court of the registered office or domicile of the Buyer.

19.7 For alternative dispute resolution regarding online purchases, you can also use the European Union's ODR (Online Dispute Resolution) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=NL 20.  

Account deletion

• You can request the deletion of your account and associated personal data at any time by sending us an email to info@vlees-in-the-box.be or calling us on +34 32 11 70 50 80 .
• As soon as a request for account deletion is submitted, your account, along with the associated data, will be scheduled for deletion. Your account and personal data will be permanently deleted within 10 days of your request, with the exception of data that we are legally required to retain.
• If you have questions about deleting your account or need help with your request, please contact us at info@vlees-in-the-box.be . We will take action within 24 to 48 hours .
• We collect your data solely to manage your orders and to ensure the successful delivery of fresh meat to your door.