Terms of service
ARTICLE 1 IDENTITY OF MOKABON
The website, accessible via the address www.Mokabonchocolates.com, hereinafter referred to as "Website", operated by Mokabon nv, with registered office at Industriepark-West, 75 , 9100, Sint-Niklaas . listed in the KBO under the number BE0428.543.426 hereinafter referred to as "Mokabon".
ARTICLE 2 DEFINITIONS
Buyer: any natural person who, exclusively for non-professional purposes, acquires or uses products or services marketed by Mokabon.
Distance agreement: any agreement between Mokabon and the Buyer regarding Coffee products or services concluded under a distance sales or service provision system organised by the supplier where, for the purpose of this agreement, exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement itself.
Coffee Products: any Coffee Product offered for sale by Mokabon on the Website.
Website: the website of Mokabon, accessible via www.Mokabonchocolates.com.
Technology for distance communication: any means that, without simultaneous physical presence of Mokabon and the Buyer, can be used for the conclusion of the agreement between these parties.
ARTICLE 3 APPLICABILITY
Unless expressly agreed otherwise in writing beforehand, these General Terms and Conditions shall apply to any offer made by Mokabon and to any distance agreement concluded between Mokabon and the Buyer.
These General Terms and Conditions shall apply to any offer made by Mokabon as merchant to the Buyer, any natural person who, exclusively for non-professional purposes, acquires or uses products and/or services placed on the market.
To place an order, you must be at least 18 years old. If you are not 18, we ask you to have the order placed by your parents or legal guardian. If we find that the order has been placed by a minor, we reserve the right to refuse such order.
If a Distance Contract is concluded electronically, the General Terms and Conditions together with the order confirmation are an integral part thereof; the Buyer accepts the application of the General Terms and Conditions by its order and can find and save or print them on this website at any time.
In the event that specific Coffee Products or Services Terms and Conditions apply in addition to these General Terms and Conditions, and there are differences between the Additional Terms and Conditions and the General Terms and Conditions, then, in principle, the provisions of the Additional Terms and Conditions shall prevail over the General Terms and Conditions, unless otherwise stipulated.
Deviation from one or more provisions in these General Terms and Conditions is only possible if expressly agreed in writing. In that case, the other provisions of these Terms and Conditions shall remain in full force.
General Terms and Conditions used by the Buyer shall not apply unless expressly agreed to by Mokabon.
Mokabon reserves the right to amend and/or supplement the Terms and Conditions at any time for future orders.
By using Mokabon's Websites and/or placing an order, the Buyer accepts these Terms and Conditions as well as all other rights and obligations as stated on the Website.
If one or more provisions of these General Terms and Conditions should at any time be illegal, void or for any other reason unenforceable in whole or in part, such condition shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These General Terms and Conditions constitute the entire agreement between the Buyer and Mokabon, with respect to the subject matter contained herein.
ARTICLE 4 OFFERS AND FORMATION OF AGREEMENTS
Offers are valid as long as they are listed on the Website and as long as stocks last.
If the offer is subject to certain conditions, this will be explicitly mentioned in the offer.
Mokabon always describes as fully and accurately as possible what they sell and how the ordering process will take place. In any case, the description is sufficiently detailed to allow you to make a proper assessment. In the event that Mokabon uses images for the Coffee products and/or services on offer, these are displayed as accurately and truthfully as possible. However, to err is human and if Mokabon is obviously mistaken, it is not obliged to still deliver. The images have no contractual value.
An agreement is established and becomes final when an order confirmation is handed to the Buyer or sent by e-mail to the e-mail address provided by the Buyer, and when Mokabon has received approval from the card issuer for the credit or debit card payment transaction.
In case that card issuer refuses to agree to the payment, Mokabon cannot be held responsible for delays in delivery and/or non-delivery of the order made by the Buyer. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
The consumer purchasing Coffee Products from Mokabon is the end consumer. The Coffee Products may not be resold in any way.
ARTICLE 5 ORDER
To purchase a Coffee Product online, the Coffee Product should be added to the shopping basket, after which the Buyer's contact and billing information should be entered. Hereafter the Buyer can choose the delivery method and the address: home address or Mokabon collection point (Click & collect) The collection points mentioned on this website may be operated by third parties, which Buyer accepts. The last step takes the Buyer to a summary page, where the General Terms and Conditions are accepted and payment is confirmed by pressing the order button with the caption "order with payment obligation" or a corresponding wording. Once these steps have been completed, the purchase is final. After this moment, it is also no longer possible to change the invoicing details.
ARTICLE 6 PRICES
All prices are expressed in euro and include VAT or any other tax imposed by the authorities.
The price is invoiced in the currency in which the Buyer placed its order.
The Buyer shall owe the price agreed to during the last step of the ordering process and communicated by Mokabon in its order confirmation. Obvious errors in the quotation, such as obvious inaccuracies, may be corrected by Mokabon even after the conclusion of the agreement.
Delivery costs shall be clearly communicated to the Buyer. With respect to certain payment methods further conditions shall apply with respect to the delivery method and possible costs. This will be clearly communicated to the Buyer.
ARTICLE 7 PAYMENT
Orders via the Website can be paid by the following methods: (choice depends on country).
BANCONTACT BY PAYCONIQ
MOKABON GIFT CARD
Mokabon may expand payment options in the future. Expansion of payment options will also be announced via the Website.
If a credit card payment method is chosen, it will be subject to the terms and conditions of the relevant card issuer. Mokabon is not a party to the relationship between the Buyer and the card issuer.
To ensure secure payment and the security of the Buyer's personal data, transaction data are transmitted over the Internet in encrypted form using SSL technology. To pay with SSL, you do not need any special software. You will recognise a secure SSL connection by the "lock" in the lower status bar of your browser.
ARTICLE 8 DELIVERY AND DELIVERY TERM
All Coffee Products are delivered to the address provided by the Buyer at the time of ordering.
Orders will be processed and delivered as soon as possible. Mokabon will endeavour to deliver the order within the time indicated in the individual order confirmation. Any delay will in no case give rise to compensation. Erroneously communicated delivery addresses are the responsibility of the Buyer and may give rise to additional costs that will be recovered from the Buyer.
Products are only delivered to the countries for which the website allows delivery.
For France, we do not serve overseas territories.
For UK, we do not serve the Isle of Man' or the 'Channel Islands'. Given the Brexit legislation, we cannot make deliveries to the UK with a value of more than 135 Pounds or equivalent amount in EUR according to the prevailing exchange rate at the date of the order....
For Spain, we do not serve islands, such as the Balearic or Canary Islands.
If a stated indicative delivery date is not met, Mokabon will not notify the Buyer. The Buyer can always contact Mokabon via the contact form to know a probable delivery date.
Shipments are always made at Mokabon's risk. Consequently, the Buyer should not worry about Coffee Products getting lost in the mail. However, if Coffee Products are returned, the Buyer is responsible for their transportation.
Once the deliverable Coffee Products have been delivered to the indicated delivery address, the risk, where such products are concerned, passes to the Buyer.
From the time of receipt by the Buyer, the Buyer shall store the coffee at a temperature between 15 and 18C and protected from direct sunlight and moisture. Mokabon advises against storing or freezing coffee in the refrigerator.
The Buyer or any other person must be present at the specified address at the time of delivery of the Coffee Product to receive it.
Mokabon shall not be liable for failed deliveries if: i.the Buyer provides an incorrect or outdated address; ii. no one is present at the address provided by the Buyer.
Under no circumstances will Mokabon's total liability for failure to meet its obligations exceed the purchase price of the Coffee Product(s) in question.
Given the nature of the Coffee Product, PO Box addresses will not be accepted.
ARTICLE 9 RIGHT OF WITHDRAWAL
According to the Book VI of the Economic Law Code, there is no right of withdrawal for foodstuffs, perishable goods and Coffee Products manufactured according to the Buyer's specifications. Each purchase is therefore final and will not be taken back by Mokabon
ARTICLE 10 RETENTION OF TITLE
Ownership of a Coffee Product, notwithstanding its actual delivery, shall pass to the Buyer only after it has paid in full the payment due for this Coffee Product, including payment of interest and costs.
The Buyer may not encumber, sell, resupply, alienate or otherwise encumber the products before the ownership thereof has passed.
ARTICLE 11 LIMITATION OF LIABILITY
The Website is provided to you without any express or implied warranties as to its correct operation. Mokabon shall not be liable for any damage resulting from the use of the Website, regardless of whether it turned out to be correct or incorrect, nor for any damage caused by incorrect, incomplete, ambiguous or dated content or language errors on the Website.
In any case, Mokabon's liability for any damage will always be limited to the amount of the last order.
Mokabon makes every effort to provide access to the Website 24 hours a day and 7 days a week. However, given the technical characteristics of the Internet and computing resources, and the need to perform periodic maintenance, update or upgrade work, Mokabon cannot guarantee uninterrupted access and service to the Website. In case of normally acceptable interruptions or failures of access, Mokabon will make every effort to resolve the problem as soon as possible. Such normally acceptable interruptions or failures are peculiar to Internet sales. They cannot be considered failures and will not give rise to any damages.
The websites to which Mokabon may link are not managed, hosted or maintained by Mokabon. Thus, Mokabon shall not be liable for the content of such websites, nor for the links thereon or changes and updates made from such websites.
ARTICLE 12 CONFORMITY AND WARRANTY
Mokabon guarantees that the products conform to the order placed and meet the normal expectations the Buyer may have taking into account the specifications of the Coffee Product. Mokabon further warrants that its Coffee Products comply with all laws existing at the time of the order.
The products sold by Mokabon are fresh foods. Mokabon will do its utmost to ensure correct and safe delivery, taking into account the freshness of its Coffee Products, but cannot give an absolute guarantee on the quality of transport. Moreover, the consumer is obliged to immediately place the received Coffee Products in a cool room in order to guarantee the quality of the Coffee Products.
Mokabon will deliver the Coffee Products by refrigerated shipping in order to guarantee the quality of its Coffee Products as much as possible. In the exceptional case that the quality of the delivery would nevertheless be affected, the Buyer must provide proof of this immediately at the time of delivery. The Buyer is obliged to carefully inspect the Coffee Products or have them inspected immediately after receipt. Complaints by the Buyer relating to defects in the coffee product or its delivery, which are externally perceptible (e.g. if the products are no longer fresh or have been damaged during transport), must be notified IMMEDIATELY by the Buyer to Mokabon by telephone or e-mail at the latest within 4 hours of receipt.
Defects caused by the consumer's failure to place the goods in a cool room in time cannot be recovered from Mokabon.
ARTICLE 13 FORCE MAJEURE
In case of force majeure Mokabon shall not be obliged to fulfil its obligations. In this case it may either suspend its obligations for the duration of the force majeure or definitively dissolve the agreement.
Force majeure is any circumstance beyond the will and control of Mokabon that prevents performance of its obligations in whole or in part. By this we include, but are not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business failures, energy failures, failures in a (telecommunication) network or connection or communication systems used and/or the unavailability of the website at any time, non- or non-timely delivery of suppliers or other third parties engaged,...
ARTICLE 14 INTELLECTUAL PROPERTY
The Buyer expressly acknowledges that all intellectual property rights of displayed information, announcements or other expressions relating to the products and/or the Website belong to Mokabon, its suppliers or other claimants.
Intellectual property rights include patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
The Buyer is prohibited from using and/or modifying the intellectual property rights as described in this article, as for instance reproduction without explicit prior written consent of Mokabon, its suppliers or other entitled parties, unless it is purely for private use of the Coffee Product itself
ARTICLE 15 COMPLAINTS PROCEDURE
Mokabon makes every effort to satisfy its customers 100%. If the Buyer should nevertheless have any complaints about its services and/or products, it can contact Mokabon by e-mail at info@Mokabon.be . Mokabon has a sufficiently publicized complaints procedure and will handle complaints in accordance with this procedure.
Every complaint will be attempted to be handled within 7 working days.
In case of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the FPS Economy is authorised to receive any application for out-of-court settlement of consumer disputes. The latter will in turn either handle the request itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service via this link: http://www.consumentenombudsdienst.be//nl .
In the event of disputes of a cross-border nature, you can also appeal to the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr.
ARTICLE 16 APPLICABLE LAW AND COMPETENT COURT
All offers and agreements are governed exclusively by Belgian law.
All disputes related to or arising from Mokabon offers or agreements concluded with it shall be submitted to the competent courts and tribunals of Brussels, unless a mandatory provision of law expressly designates another court as competent.
ARTICLE 17 MISCELLANEOUS PROVISIONS
For all additional information or comments relating to these Terms and Conditions, please contact Mokabon at the following address: Mokabon nv with registered office at Industriepark-West, 75 , 9100, Sint-Niklaas by e-mail: info@Mokabon.be