Foodbox general conditions

 

1 Scope of the Foodbox general conditions and possibility of modification of these conditions.

 

(1) Mo's SRL., Established in Belgium, is hereinafter referred to as "Foodbox" or "we". Foodbox provides, if necessary on the basis of a subscription, boxed lunches and / or other (fresh) products, as well as gift certificates and vouchers.

 

(2) These general conditions apply to all contracts (including subscriptions and orders) that Foodbox concludes with its customers. Customers are hereinafter also referred to by the term "the": "Consumers" or "You".

 

(3) We reserve the right to modify these general conditions. Any planned changes will be communicated to you at least seven (7) days in advance. If you object to the amended terms and conditions, you have the option of terminating the contract by sending an email to info@foodbox.lu, or by using the contact options on our website or our application. However, if you do not terminate the contract and continue to use our products or services from the announced effective date of the amended terms and conditions, the latter will automatically apply to the contract from that time.

 

2 Customer obligations

 

(1) All information you provide to Foodbox at any time, for example during the ordering process, must be current and correct. You may not disclose your password to third parties: You must keep it secure and protect it from unauthorized persons and notify us in writing of any loss or transmission. Any misuse, such as orders placed illegally by third parties using your password and the resulting complaints are entirely your responsibility. Foodbox is not responsible for any damage resulting from incorrect information and / or loss of your password and you warrant Foodbox against any third party claims in this regard.

 

(2) The customer is required to carefully read and comply with the operating instructions and user manuals for the products, as well as the warnings on the delivered products. Foodbox is not responsible for any damage resulting from failure to follow manuals and warnings relating to the product and the user and you warrant Foodbox against any third party claims in this regard.

 

3 Offer, order and completion of the agreement

 

(1) Our offer contains as complete and precise a description as possible of the products and / or services offered. However, we cannot prevent that sometimes material errors are made. Obvious errors in the offer are not binding on Foodbox.

 

(2) As a customer, you can place an order by completing and confirming the order form made available by Foodbox. We will immediately confirm receipt of your order electronically. This confirmation does not automatically imply acceptance of the order. Foodbox can accept the order by issuing a binding proof of acceptance or by sending the ordered products. Until then, Foodbox can, at any time and without justification, refuse the order. It is only after acceptance of the order by Foodbox that a right to the delivery of the boxes ordered and / or the provision of the services ordered, for example a gift voucher, arises.

 

(3) Our offer is aimed at end users in Belgium. The products ordered, such as our boxes, gift certificates and other services, are not intended for resale. Therefore, only orders of household size are accepted.

 

(4) Foodbox does not sell products to persons under the age of eighteen (18).

 

4 Information on your legal right of withdrawal

 

(1) You can terminate the contract at any time. To exercise your right, you must inform us of your decision to unilaterally terminate the contract (for example, in writing, by post or by email

 

(2) Foodbox always orders the products for your box (es) no later than two days before delivery. In other words, to cancel the order (and therefore the delivery and payment obligation) of the next box, you must exercise your right of withdrawal before the day of the order, as indicated in §7 "When to notify us " below.

 

(3) In the event of revocation, you are not obliged to return the box (s) received to us.

 

5 Duration of the agreement and termination

 

(1) You can terminate your indefinite contract consisting of a subscription and a weekly delivery of Foodbox boxes at any time, subject to the following. Foodbox always orders the products for your Foodbox (es) no later than two days before delivery. Your agreement will then be definitively terminated. To be able to cancel the order (and therefore the delivery and payment obligation) of the next Foodbox, you must terminate the contract before the day of the order, within the time limits set in § 7 '' When to notify us ''.

 

(2) You can withdraw from the contract in the same way as it was concluded. In addition, you can withdraw from the contract at any time via customer service, your online account, by post or by e-mail.

 

(3) A fixed-term contract is not tacitly renewed but ends when the term expires.

 

6 Delivery, delivery conditions, retention of title, risk of transfer, interruption or suspension of delivery.

 

(1) We deliver everywhere in Luxembourg and on the Belgian border. If the agreement is for a gift certificate, it will be emailed.

 

(2) Delivery will be made to the address you entered as the delivery address in your customer account on our website. A change of address will occur if you notify us up to 2 days before delivery.

 

(4) You must ensure that the personal delivery of the products to the delivery address you provided is from 8 a.m. to 6 p.m.  

 

(5) If the personal delivery of the products is not possible, the agreement is fulfilled by placing the products at a neighbor or at the door of the customer's domicile. Delivery in this manner is entirely at the risk of the customer and Foodbox is not responsible for the deterioration or disappearance of the products.

 

  (6) If the products have not been paid for at the time of personal delivery, we reserve the right of ownership until full payment of the amount due.

 

(7) You can suspend the delivery of a. Notification of the suspension must be made before the day of delivery.

 

 

7 When should we notify us?

 

To (i) exercise your right of withdrawal as indicated in §4, (ii) terminate your subscription as indicated in §5, or (iii) suspend a delivery as indicated in §6 (7), you must notify us at most late :

 

- Wednesday before 11:59 p.m. for Friday deliveries;

- Monday before 11:59 p.m. for Wednesday delivery.

 

In the absence of notification within the aforementioned deadlines, the products in your next box (es) will have already been ordered: You will receive them once and will have to pay for them.

 

8 Prices and shipping costs, payment and right of suspension with regard to Foodbox

 

(1) Prices are inclusive of VAT and shipping costs in Belgium, unless otherwise stated.

 

(2) Foodbox's receivables are immediately due and payable.

 

(3) For payment, you can only use the payment methods agreed and indicated with the order. You are required to pay within the agreed payment term.

 

(4) Foodbox is entitled to adjust prices at any time.  

 

(5) Foodbox is entitled to suspend the execution of the contract, and in particular the delivery of the meal boxes, as long as the customer has not (fully) fulfilled his payment obligations.

 

9 Checks, discount codes and gift certificates

 

(1) Foodbox offers gift certificates, discount codes and other types of vouchers that must be activated by email in order for customers to receive Foodbox products. As soon as the voucher has been redeemed via the website, it is no longer valid.

 

(2) Codes or coupons only apply to new Foodbox members. If you already have a subscription, unfortunately you cannot use the discount code or voucher.

 

(3) Please also note that some codes are only valid for a certain type of boxes. Finally, we carry out checks per household to prevent abuse of discounts. It is only possible to benefit from a reduction once per household.

 

(4) Discount codes and vouchers can only be redeemed once on the Foodbox website. Discount codes and coupons cannot be combined with other offers and are not redeemable for cash.

 

(5) Foodbox has the right to withdraw or cancel codes and coupons if it deems it necessary for any reason.

 

10 Responsibility of Foodbox

 

(1) Foodbox is only liable for material or bodily damage suffered by the customer if they result directly and exclusively from the non-performance of an obligation by Foodbox, or in the event of serious or willful misconduct by Foodbox or its employees. , it being understood that only such damage can give rise to compensation for which Foodbox is insured, or should have been insured in a reasonable and fair manner.

 

(2) Foodbox's liability for indirect and consequential damages, loss of profits or income, loss of savings, etc. is excluded.

 

(3) Foodbox is in no way liable for any damage resulting from incorrect information you have provided to us and / or the loss of your password and you indemnify Foodbox against any claims by third parties in this regard.

 

(4) Foodbox is not liable for any damage resulting from failure to follow user manuals and warnings provided by Foodbox and you indemnify Foodbox against any third party claims in this regard.

 

(5) If you have chosen delivery to your neighbors, to your doorstep or by any means other than personal delivery, you assume all risk. Foodbox is not responsible for the deterioration or disappearance of the products, nor for the damage suffered by the customer.

 

(6) Foodbox is not liable for damages resulting from a case of force majeure, in particular strikes, illnesses, fires, disturbances at Foodbox or its suppliers, transport problems, weather conditions, violence, riots or actions of the police or firefighters.  

 

(7) The liability provisions of the preceding paragraphs also apply to the (personal) liability of the organizations, employees and auxiliary agents of Foodbox who may invoke them.

 

11 privacy policy

 

(1) When processing orders, we process your personal data. In order to inform you about the processing of your data, we use a privacy statement which you can consult on our website or via this link.

 

12 Methods of payment and automatic collection

 

(1) Payment for all of our products and services is made by credit or debit card, or any other payment method listed on the payment page of our website.

 

(2) Orders will be invoiced according to the payment method chosen.

 

(3) You are responsible for the accuracy and updating of information relating to the payment method you have chosen.

 

(4) It is your responsibility to ensure that sufficient funds are available when processing payment.

 

(5) Failure to pay may be due to insufficient funds, incorrect or outdated payment details or disputes. If we cannot make a payment with the payment method you have chosen, your order will still be delivered and the sale will be considered to have taken place. In this case, Foodbox will try to process the payment again. We reserve the right to re-attempt payment by the payment method of your choice in order to collect the amount due.

 

(6) If these attempts are unsuccessful, we reserve the right to recover the amounts due in another way, either directly or through the intervention of a third party.  

 

 

13 Suspicion of fraud

 

(1) We reserve the right to investigate accounts for which we have valid reason to suspect non-compliant or fraudulent practices.

 

(2) We reserve the right to stop your orders and / or close your account as a result of this investigation.

 

14 Applicable law, competent court and invalid provisions

 

(1) All agreements between Foodbox and the customer to which these general conditions apply are exclusively governed by Belgian law.

 

(2) All disputes arising from the agreement between Foodbox and you as a customer will be exclusively judged by the courts of Arlon.

 

(3) If any provision of these general conditions or of the agreement is or becomes legally invalid, the other provisions remain valid. In this case, the invalid provision will be replaced by a new provision which corresponds as much as possible to the old provision in terms of content, scope or purpose.

 

15 Complaints handling policy

 

(1) Quality is of utmost importance at Foodbox and we do everything in our power to avoid complaints.  

(2) If you are not satisfied with the way we have handled your complaint, you can report it through the European Commission's ODR platform. It is a platform set up by the EU for all consumers in Europe.