Terms and conditions
Definitions and scope of application
The present general conditions form the contract binding the parties, namely, My Ital Food located at rue Tienne Saint Gilles 121 in B-6001 Marcinelle, registered with the Banque Carrefour des Entreprises under the number: 0680.859.430 and registered for VAT BE0680.859.430 and the customer on the other hand.
The present general conditions are accessible at any time on the website of the seller, so that by placing an order with the seller, the customer confirms his acceptance of these general conditions at any time without prior notification by checking "I accept the general conditions" at the time of order confirmation.
The prices of the products are indicated in euros, all taxes included. The VAT rate is 6% for food products and 21% for other products and services (transport costs).
For any delivery outside Belgium, any customs fees or local taxes are the responsibility of the beneficiary.
Delivery costs are not included in the prices indicated, but are calculated separately during the ordering process, depending on the mode and place of delivery as well as the weight of products ordered.
To place an order, the customer fills his basket accessible on the online shop, indicates his billing and delivery details after completing his purchases and then makes the payment of his order either via the Paypal payment system, by credit cards or by bank transfer.
The customer who opts for payment by bank transfer has a maximum of 6 working days to make the transfer. After this period My Ital Food reserves the right to cancel the order and put the products back on sale.
After receiving confirmation of payment of the order by the bank, the customer will receive a summary of his order, including the number of his order, the products ordered and their price, these general conditions or a link to them, and an indication of the likely delivery time.
My Ital Food reserves the right to suspend or refuse the order, in particular in the case where the data communicated by the customer proves manifestly erroneous or incomplete.
My Ital Food remains the owner of the ordered products until their complete payment.
Right of withdrawal
The consumer who orders products from My Ital Food has a period of 14 calendar days from the date of delivery of the products or notification of their availability at the collection point provided, to notify the seller that he renounces the purchase, without penalties and without giving reasons.
The consumer can notify his willingness to renounce the purchase either by e-mail, fax or registered mail.
Where this period expires on a Saturday, Sunday or public holiday, it is extended to the first following working day.
The consumer must return the product(s) whose purchase (s) he has renounced in perfect condition in its / their original packaging to the social address of My Ital Food.
Only the direct costs of return will be the exclusive responsibility of the consumer.
My Ital Food will refund the amount paid as soon as possible and at the latest within 14 days from the date of return.
A consumer who opens or uses a product before the expiry of the withdrawal period shall be deemed to have waived his right of withdrawal in respect of that product. Similarly, the consumer will not be able to exercise his right of withdrawal relating to this product.
The consumer may not exercise the right of withdrawal for products referred to in Article 53 of Book VI of the Code of Economic Law.
My Ital Food will make every effort to guarantee optimal protection during transport but the customer must scrupulously check in the presence of the carrier any damage and must notify My Ital Food as soon as possible.
The times indicated by My Ital Food are provided for information purposes only and are not binding on the seller. My Ital Food aims to respect the announced deadlines. A delay in the delivery of the order independent of the will of My Ital Food can therefore in no case give rise to any compensation, damages, termination of the contract or suspension of the obligations of the customer.
The order is delivered to the customer only after its complete payment. The transfer of ownership and risk shall take place when the order is paid in full. The customer is therefore advised that he alone bears the risks associated with delivery.
The products offered for sale by the seller are within the limits of available stocks.
In the event of unavailability of one or more products after payment of the order, the seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his order or a deferred delivery at the end of the stock shortage of the product(s) concerned.
Receipt of the order
The customer is responsible for checking the apparent good condition as well as the conformity of the products that are delivered to him or that he withdraws at the point of withdrawal planned, with the products that he ordered.
Any complaints must be made in writing as soon as possible after delivery of the order or notification of its availability at the collection point provided. Otherwise, they cannot be taken into account and the customer will be deemed to have definitively accepted the order.
If a complaint proves to be justified, My Ital Food will have the choice between replacing or refunding the products concerned.
In accordance with articles 1641 to 1643 of the Civil Code, the seller is obliged to guarantee the products against hidden defects which make the products unfit for the use for which they are intended, or which reduce this use so much that the buyer would not have acquired them or would have given only a lower price if he had known them.
In case of finding a hidden defect, the customer must act within a short time, in accordance with Article 1648 of the Civil Code, and will have the choice between making the product affected by a hidden defect against a total refund, or to keep it against a partial refund.
My Ital Food is not obliged to guarantee the products against visible defects, which the customer could or should have noticed at the time of purchase.
This warranty includes replacement of the defective product at no cost to the customer.
Only the invoice, the sales receipt or the purchase order are valid as guarantee certificates for the buyer vis-à-vis My Ital Food. These documents must be kept by the client and presented in their original version. The warranty period starts on the date mentioned on these documents.
The customer acknowledges and accepts that all obligations to which the seller is liable are exclusively of means and that the seller is only liable for his fraud and gross negligence. In the event that the customer demonstrates the existence of gross negligence or fraud on the part of the seller, the loss for which the customer can claim compensation includes only the material damage directly resulting from the fault attributed to the seller to the exclusion of any other damage and may not, in any event, exceed 75% (excluding taxes) of the amount actually paid by the customer in execution of the order.
The customer also acknowledges that the seller is not liable for any direct or indirect damage caused by the products delivered, such as loss of profit, increase in overheads, loss of customers, etc., which may be caused by the products delivered.
My Ital Food is also not responsible in case of communication of erroneous data by the customer, or in case of order placed on his behalf by a third person.
It is also the customer's responsibility to inquire about any restrictions or customs duties imposed by his country on the products ordered. My Ital Food cannot therefore be held responsible if the customer has to face any additional restriction or tax to pay because of the policy adopted by his country in this matter.
The information, descriptions, logos, photos, brands, models, slogans, graphic charters, etc, accessible through the My Ital Food website or catalogue are protected by intellectual property rights. Unless expressly agreed otherwise in advance, the client, any user or visitor to the site are not authorised to modify, reproduce, rent, borrow, sell, distribute or create derivative works based in whole or in part on the elements present on the My Ital Food website or catalogue.
Internet and new technologies
The customer is aware of the restrictions and risks associated with the use of the Internet or any other means by which the website is currently or will in the future be made available. The customer is also aware of the risks of storing and transmitting information digitally or electronically. The customer accepts that My Ital Food cannot be held responsible for any damage caused by the use of the website (as well as any applications) of the seller or the internet, following the aforementioned risks. The customer further accepts that electronic communications exchanged and backups made by My ital Food may serve as proof.
Processing of personal data
Within the framework of the ordering process, the customer who orders as a natural person must communicate personal data concerning him such as his name, first name, date of birth, email address, telephone number and address. This data is used for order processing. Concerned about protecting your privacy, My Ital Food treats all your data with the strictest confidentiality. The data is secure and will never be transmitted to third parties.
The seller treats the data collected in a confidential manner and in accordance with national and international provisions, including among others the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, amended by the law of 11 December 1998.
In accordance with the aforementioned Law, the customer may, at any time, upon written, dated and signed request sent to the seller, and after having provided proof of his identity (attaching a copy of the identity card) obtain free of charge the written communication of personal data concerning him that have been collected by My Ital Food, as well as, where applicable, the correction or deletion of any inaccurate, incomplete or irrelevant data.
The copy of his data will be communicated to him at the latest 30 days after the reception of his request.
We do not keep this information forever and we destroy it after a certain time. If you do not wish us to retain this type of information, please do not browse our site.
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The site may include links to other websites, blogs or social networks. As we cannot control these different sources, My Ital Food cannot be held responsible for the content of these sources.
Force majeure, fortuitous events and unforeseen circumstances
My Ital Food cannot be held liable, either contractually or extracontractually, in the event of temporary or definitive non-performance of its obligations when such non-performance results from force majeure or fortuitous circumstances. In particular, the following events will be considered as cases of force majeure or fortuitous events: 1) the total or partial loss or destruction of the vendor's computer system or database when any of these events cannot reasonably be attributed directly to the vendor and it is not demonstrated that the vendor failed to take reasonable measures to prevent any of these events, 2) strikes, declared or not, 3) an energy supply stoppage (such as electricity), 4) a failure of the Internet network or data storage system, 5) a failure of the telecommunications network, 6) a loss of connectivity to the Internet network or telecommunications network on which the Seller depends, 7) a fact or decision of a third party where such decision affects the proper performance of this Agreement or 8) any other cause beyond the reasonable control of the Seller.
If, due to circumstances beyond My Ital Food's control, the performance of its obligations cannot be continued or is simply made more onerous or difficult, My Ital Food and My Ital Food undertake to negotiate in good faith and fairly an adaptation of the contractual conditions within a reasonable time in order to restore their balance.
Failing agreement within a reasonable time, either party may invoke the termination of the contractual relationship between them without compensation or indemnity of any kind.
The nullity of one provision of these conditions does not entail the nullity of the others.
Any dispute relating to the products delivered by My Ital Food, as well as any dispute as to the validity, interpretation or execution of these general conditions will be subject to Belgian law and the exclusive jurisdiction of the courts of the judicial district of Charleroi.