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Article 1: General

These general terms and conditions of sale pertain to the activities of
LOLIGO BV.

LOLIGO BV
Van Hemelrijcklei 66, unit 3
B- 2930 Brasschaat
VAT: BE 0771.962.523
Email: info@sardineshop.be
Website: www.sardineshop.be

Definitions:

“Client”: Any natural person, legal entity, or organization that makes use of a product or service from Loligo.

  1. These general terms and conditions apply to all quotes, invoices, and agreements, as well as all products and services provided by Loligo BV, unless expressly agreed otherwise in writing.
  2. Accepting an offer or placing an order implies unconditional and irrevocable agreement with these General Terms and Conditions, which the Client acknowledges having read and accepted.
  3. If any article of these General Terms and Conditions is declared invalid by a court ruling or a binding decision of another competent authority, the remaining provisions of these terms and conditions shall remain in full force and effect.
  4. The applicability of any general or specific terms or clauses of the Client is expressly rejected by Loligo BV, even if (i) the latter were submitted to Loligo BV prior to these General Terms and Conditions being sent to the buyer and/or if they expressly exclude the applicability of the current General Terms and Conditions.
  5. The records of Loligo BV shall, subject to proof to the contrary, serve as evidence of the purchase agreements concluded and payments made by the Client, and of deliveries made by Loligo BV. Loligo BV and the buyer acknowledge that electronic communication can serve as evidence.
  6. Loligo BV is not liable, whether by law or under Agreement, for so-called consequential damages that the Client or a third party may suffer in connection with (the use of) the products or services. This includes, among other things, loss of profit, business interruption, loss of data, and non-material damage.
  7. Deviations from and additions to any provision in an Agreement and/or the General Terms and Conditions are only valid if they have been recorded in writing by Loligo BV and relate only to the Agreement in question.
  8. All prices are indicated in Euros, including VAT and other levies imposed by the government.

Article 2: Agreement

  1. An agreement is established after the acceptance of the Client’s order by Loligo BV.
  2. The Client is bound by the agreement in all cases, including when it is agreed upon verbally or via email.
  3. Loligo BV reserves the right not to accept orders or assignments without stating reasons, or to accept them only under deviating conditions. If the assignment can only be carried out under deviating conditions, the Client has the right to cancel the assignment free of charge.
  4. Belgian law applies to our agreements. All disputes arising from these agreements shall be settled exclusively by the courts of the judicial district of Antwerp, Antwerp division.

Article 3: Alcohol & Responsibility

Loligo BV does not sell alcohol to persons under the age of 18. By accepting the general terms and conditions when ordering, the Client explicitly declares that they are over 18 years of age.

Article 4: Prices

  1. The prices mentioned with the items are in euros, including VAT, unless stated otherwise. Shipping costs are (unless stated otherwise) not included in the mentioned prices.
  2. Delivery costs Benelux.
    • Free delivery from 200.00 euros
    • For orders under 200.00 euros, the following costs will be charged:
    – Belgium: 9.95 euros (with guarantee and confirmation)
    – Netherlands & Luxembourg: 16.50 euros (with guarantee and confirmation)
  3. In some cases, promotional prices apply. Promotional prices are only valid for a specific period and while stocks last. No claim can be made regarding the application of these prices before or after the specified period. Promotional prices are never cumulative with any other discounts or favorable terms.
  4. Loligo BV is never bound by price indications that are evidently incorrect, for example, as a result of obvious typesetting or printing errors. No rights can be derived from unlawful price information.
  5. Furthermore, Loligo BV reserves the right to change prices for goods yet to be delivered, based on price increases from a supplier, exchange rate increases, excise duty increases, VAT increases, and/or annual index adjustments. In this context, new price lists always replace previous ones.

Article 5: Delivery Time

  1. Loligo BV strives to ship orders within 2 (two) to 5 (five) business days after receipt of payment. Unless otherwise stipulated in writing, Loligo BV is not bound by the stated delivery periods.
  2. The maximum delivery period is 14 (fourteen) days after placing the order and receipt of payment, except insofar as the delay cannot be attributed to Loligo BV.
  3. If delivery is delayed either due to (temporary) stock unavailability or for other reasons, or if an order cannot be executed or can only be partially executed, the Client will receive notice of this no later than 14 (fourteen) days after placing the order. In that case, the customer has the right to cancel the order without charge. Loligo BV will ensure a refund within 14 (fourteen) days in such instances.
  4. All (delivery) periods mentioned by Loligo BV are given as approximations and are determined based on the data and circumstances known to Loligo BV at the time the agreement was entered into.
  5. Exceeding the delivery periods specified by Loligo BV, for whatever reason, never entitles the Client to compensation.

Article 6: Payment

  1. Online orders are settled immediately via the payment provider in our webshop. Our payment provider allows payments via Bancontact and Credit Card (VISA, MasterCard).
    For standard orders, payment is made in cash upon delivery unless expressly agreed otherwise.
  2. Late payments imply that, by operation of law and without notice of default, interest is due at a rate of 12.00% per year, as well as conventional compensation of 10% of the invoice amount with a minimum of €40.
    All collection costs, both judicial and extrajudicial, are fully borne by the Client.
    In the event of late payment, Loligo BV is entitled to suspend its obligations arising from the service agreement until the moment it has received payment of the amount then due – including any interest and costs. It is not obliged to refund the advance payment already received to the Client.
  3. Loligo BV reserves ownership of all goods delivered by it until the moment of full payment of the price of all goods delivered or yet to be delivered by Loligo BV to the customer. All risks concerning the products are borne by the client from the moment these products are made available to them. The risk during transport of the products purchased by the client is borne by Loligo BV.
  4. Complaints regarding invoices, products, and/or services must be in our possession via registered mail within eight days of the invoice date.

Article 7: Liability

  1. Loligo BV is never liable for any indirect damage, such as that resulting from business interruption, delay, disturbance, or any other indirect (business) damage to the Client or third parties for any reason or of any nature whatsoever, which also applies to any indirect damage to the Client or third parties caused by or through the operation or non-operation or incorrect operation of the media production delivered by it.
  2. The Client is aware of the risks that the digital or electromagnetic storage and transmission of information entail regarding the preservation and security of data.

Article 8: Force Majeure

  1. If Loligo BV cannot fulfill its obligations towards the Client due to force majeure, the fulfillment of those obligations shall be suspended for the duration of the state of force majeure.
  2. In the event of Force Majeure, the Client is not entitled to any (damage) compensation, even if Loligo BV should have any advantage as a result of the force majeure.
  3. Loligo BV will inform the Client as soon as possible of any (impending) force majeure.

Article 9: Right of Withdrawal for Consumers

(Art. 46, §1, 2° of the law of April 6, 2010, regarding market practices and consumer protection)
The consumer has the right to notify the company that they renounce the purchase, without payment of a penalty and without stating a motive, within 14 (fourteen) calendar days from the day following the delivery of the good or the conclusion of the service agreement.
The notification is considered timely if it is sent in writing or on a durable medium available and accessible to the recipient before the expiry of the period. The costs for returning the goods when exercising the right of withdrawal are borne by the customer.
After receiving the returned goods, Loligo BV will transfer the amount to your bank account within 8 days.
Loligo BV reserves the right to refuse returned products or to credit only a portion of the amount already paid if the product packaging is damaged or if the product has already been opened. Loligo BV will notify the buyer of this in writing or by email.
This right of withdrawal applies only to consumers.

Article 10: Termination of Assignment

Loligo BV is entitled at all times to terminate the execution of an assignment if there is a serious reason, such as a disturbed relationship with the Client, non-payment, or an (impending) moratorium or bankruptcy of the Client. In such cases, Loligo BV is never liable for any compensation to the Client.

Article 11: Payment Terms

Online orders must be paid for before they are shipped and you become the rightful owner. We refer to Article 6 for our payment options. Standard orders are paid in cash upon delivery unless expressly agreed otherwise.

Article 12: Conformity

We remind you that a legal guarantee of conformity applies to our goods.

Article 13: Complaints/Disputes

Dissatisfied? Do you want to report a problem to us? Do you have a complaint? Please contact us by telephone or email. We will make every effort to respond to your complaint thoroughly and quickly.

Article 14: Privacy Statement

Regarding the processing of your personal data, we refer to the privacy statement which you can consult on our website and via this link.