General Terms and Conditions of La Doux Rêves

  1. Iboualatsen h.o.d.n. La Doux Rêves (hereinafter La Doux Rêves) is registered with the Chamber of Commerce under number 78023580 and is located at Lodewijk Pincoffsweg 168, 3021TA, Rotterdam in the Netherlands.

 Article 1 – Definitions

  1. In these general terms and conditions, the following terms are used in the following meanings unless expressly stated otherwise:
  2. Offer: Any offer (written whether electronic or otherwise) to Buyer to supply Products by Seller to which these terms and conditions are inseparably linked. In certain situations, an Offer may be communicated by means other than written or electronic communication (e.g., orally). This depends on the actual situation/circumstances.
  3. Consumer: The natural person not acting in the exercise of a profession or business.
  4. Buyer: the Consumer who enters into an Agreement (at a distance) with Seller.
  5. Agreement: The sales contract (at a distance) for the sale and delivery of Products purchased by Buyer from La Doux Rêves.
  6. Products: The Products offered by La Doux Rêves are fresh beaubons.
  7. Seller: The provider of Products to Buyer, hereinafter referred to as La Doux Rêves.

  Article 2 – Applicability.

  1. These general terms and conditions apply to any Offer by La Doux Rêves and any Agreement between La Doux Rêves and a Buyer and to any Product offered by La Doux Rêves.
  2. Before concluding an Agreement (at a distance), Buyer will be provided with these general terms and conditions. If this is not reasonably possible, La Doux Rêves will indicate to Buyer the way in which Buyer can view the terms and conditions, which are in any case published on La Doux Rêves’ website, so that Buyer can easily save these terms and conditions on a durable data carrier.
  3. Deviation from these terms and conditions may be made in exceptional situations if explicitly agreed in writing with La Doux Rêves.
  4. These general terms and conditions also apply to additional, amended and follow-up agreements with Buyer. Any general and/or purchase conditions of Buyer are expressly rejected.
  5. If one or more provisions of these general terms and conditions are partially or wholly void or nullified, the remaining provisions of these general terms and conditions shall remain in force and the void/ nullified provision(s) shall be replaced by a provision with the same purport as the original provision.
  6. Uncertainties about the content, interpretation or situations not regulated in these general terms and conditions should be assessed and interpreted according to the spirit of these general terms and conditions.
  7. Where reference is made in these general terms and conditions to she/he/him, this should also be construed as a reference to he/she/his, if and to the extent applicable.

  Article 3 – The Offer

  1. All offers made by La Doux Rêves are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this shall be expressly stated in the Offer. An Offer shall in any case exist if it is in writing.
  2. La Doux Rêves is only bound by the Offer if Buyer has already paid the amount due, or Buyer has placed an order and paid 50% of the order amount. Nevertheless, La Doux Rêves has the right to refuse an Agreement with a potential Buyer for a reason justified to La Doux Rêves.
  3. The Offer contains a description of the Product offered with corresponding prices. The description is detailed enough to enable Buyer to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind La Doux Rêves. Any images, packaging and specific data in the Offer are only indicative and cannot be grounds for any compensation or the dissolution of the Agreement (at a distance). La Doux Rêves cannot guarantee that the colors in the image exactly match the real colors of the Product. Also, La Doux Rêves cannot guarantee that the Product that Buyer will receive exactly matches the (digital) image.
  4. La Doux Rêves is entitled to make minor deviations in the Products with respect to the Offer, this includes the substitution of similar ingredients (e.g. chocolate flakes by chocolate sprinkles, etc.).
  5. Delivery times and deadlines mentioned in La Doux Rêves’ Offer are indicative and, if exceeded, do not entitle the Buyer to rescission or damages, unless expressly agreed otherwise.
  6. A compound quotation does not oblige La Doux Rêves to deliver part of the items included in the offer or Offering at part of the quoted price.
  7. If and insofar as there is an offer, this does not automatically apply to repeat orders. Offers are valid only until supplies last, and on an as-is basis.

  Article 4 – Establishment of the Agreement.

  1. The Agreement is concluded when Buyer has accepted an Offer from La Doux Rêves by paying for the Product in question.
  2. An Offer can be made by La Doux Rêves through the website.
  3. If Buyer has accepted the Offer by entering into an Agreement with La Doux Rêves, La Doux Rêves will confirm the Agreement with Buyer in writing, or at least by e-mail.
  4. If the acceptance deviates (on minor points) from the Offer, La Doux Rêves is not bound by it.
  5. La Doux Rêves is not bound by an Offer if Buyer could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or clerical error. The Buyer cannot derive any rights from this mistake or error.
  6. The right of withdrawal is excluded for the Buyer with respect to all fresh Products that spoil quickly or have a limited shelf life, and/or the Products for which the Buyer has broken the (freshness) seal. This is explicitly stated in the Offer.

  Article 5 – Execution of the Agreement

  1. La Doux Rêves will perform the Agreement to the best of its knowledge and ability.
  2. If and to the extent required for the proper execution of the Agreement, La Doux Rêves has the right to have certain work performed by third parties at its discretion.
  3. Buyer shall ensure that all data, which La Doux Rêves indicates are necessary or which Buyer should reasonably understand are necessary for the performance of the Agreement, are provided to La Doux Rêves in a timely manner. If the data necessary for the execution of the Agreement are not provided to La Doux Rêves in due time, La Doux Rêves has the right to suspend the execution of the Agreement.
  4. In performing the Agreement, La Doux Rêves is not obliged or required to follow Buyer’s instructions if doing so changes the content or scope of the Agreement. If the instructions result in additional work for La Doux Rêves, Buyer shall be liable to pay the additional or supplementary costs accordingly.
  5. La Doux Rêves may require security from Buyer or full payment in advance before proceeding to execute the Agreement.
  6. La Doux Rêves is not liable for damages of any kind, which is caused because La Doux Rêves is based on incorrect and / or incomplete information provided by the Buyer, unless this inaccuracy or incompleteness was known to La Doux Rêves.
  7. Buyer indemnifies La Doux Rêves for any claims of third parties, who suffer damage in connection with the performance of the Agreement and which is attributable to Buyer.

  Article 6 – Delivery

  1. If the commencement, progress or (completion) delivery of the Agreement is delayed because, for example, Buyer has not or not timely provided all requested information, insufficient cooperation, the (advance) payment is not received by La Doux Rêves in a timely manner, or there is any delay due to other circumstances beyond the control of La Doux Rêves, La Doux Rêves shall be entitled to a reasonable extension of the (completion) delivery period. All agreed (delivery) dates are never deadlines. Buyer must give La Doux Rêves written notice of default and allow it a reasonable period of time to still deliver. Buyer shall not be entitled to any compensation due to the resulting delay.
  2. The Buyer is obliged to take delivery of the goods at the time they are made available to it under the Agreement, even if they are offered to it earlier or later than agreed.
  3. If Buyer refuses to take delivery or fails to provide information or instructions necessary for delivery, La Doux Rêves is entitled to store the goods at Buyer’s expense and risk.
  4. If the Products are delivered by La Doux Rêves or an external carrier, La Doux Rêves is entitled, unless otherwise agreed in writing, to charge any delivery costs. These will then be invoiced separately unless expressly agreed otherwise.
  5. If La Doux Rêves requires data from Buyer as part of the execution of the Agreement, the delivery time does not start until Buyer has made all data necessary for the execution available to La Doux Rêves.
  6. If La Doux Rêves has specified a deadline for delivery, it is indicative. Longer delivery times apply for delivery outside the Netherlands.
  7. La Doux Rêves is entitled to deliver the goods in parts, unless this is deviated from by Agreement or the partial delivery has no independent value. La Doux Rêves is entitled to invoice the thus delivered separately.
  8. Deliveries will be made only if all invoices have been paid unless expressly agreed otherwise. La Doux Rêves reserves the right to refuse delivery if there are well-founded fears of non-payment.
  9. If Buyer is not at home/unavailable to take delivery of the goods, and La Doux Rêves cannot leave the goods for Buyer in any other way at the time of a first delivery/delivery attempt (for example, by delivering the goods to neighbors present), La Doux Rêves shall be entitled to charge additional costs for a subsequent delivery (attempt). La Doux Rêves is not liable for any loss of quality of the goods / Products due to the need to make a subsequent (e.g. second) attempt at delivery or in the event that La Doux Rêves is forced to leave the Products in any other way for Buyer (e.g.: delivery to neighbors).

  Article 7 – Packaging and transportation

  1. La Doux Rêves undertakes to Buyer to package the goods to be delivered properly and to secure them in such a way that they reach their destination in good condition under normal use.
  2. Unless otherwise agreed in writing, all deliveries are inclusive of sales tax (VAT), packaging and packaging materials.
  3. The acceptance of goods without any remarks on the waybill or receipt is considered proof that the packaging was in good condition at the time of delivery.

  Article 8 – Examination, complaints

  1. The Buyer shall be obliged to examine (or cause to be examined) the delivered Product immediately at the time of delivery or handover, but in any event within 24 hours of receipt of the delivered Product, but only to unpack or use the Product to the extent necessary to assess whether it is retained. The Buyer must examine whether the quality and quantity of what is delivered corresponds to the Agreement and whether the Products meet the requirements applicable to them in normal (commercial) dealings.
  2. Any visible defects or shortages should be reported in writing to La Doux Rêves after delivery at info@ladouxreves.com. If the Product is damaged due to careless handling by Buyer itself, Buyer is liable for any depreciation in value of the Product.
  3. If Buyer wishes to return defective goods, it shall do so only with the prior written consent of La Doux Rêves in the manner specified by La Doux Rêves and with respect to Products suitable for withdrawal.
  4. If the Consumer uses its right of withdrawal, it shall return the Product and all accessories, to the extent reasonably possible, in original condition and packaging to La Doux Rêves, in accordance with La Doux Rêves’ return instructions. The direct cost of return shipments is at the Buyer’s expense and risk.
  5. La Doux Rêves is entitled to initiate an investigation into the authenticity and condition of the returned Products before a refund will be made.
  6. Refunds to Buyer will be processed as soon as possible, but may take up to 14 days after receipt of Buyer’s declaration of dissolution. Refunds will be made to the account number previously provided.
  7. If Buyer exercises its right of complaint, Buyer being a Business shall not be entitled to suspend its payment obligation nor to set off outstanding invoices.
  8. In the absence of a complete delivery, and/or if one or more Products are missing, and this is attributable to La Doux Rêves, La Doux Rêves will, upon Buyer’s request, either resend the missing Product(s) or cancel the remaining order. The receipt from the Products is leading in this regard. Any damage suffered by Buyer as a result of the (different) scope of delivery cannot be recovered from La Doux Rêves.

  Article 9 – Prices

  1. During the validity period of the Offer, the prices of the Products offered will not be increased, except in the case of changes in VAT rates.
  2. The prices stated in the Offer are inclusive of VAT unless expressly stated otherwise.
  3. The prices as mentioned in the Offer are based on the cost factors applicable at the time of entering into the Agreement such as: import and export duties, freight and unloading costs, insurance and any duties and taxes.
  4. In the case of Products or raw materials for which there are price fluctuations in the financial market and over which La Doux Rêves has no influence, La Doux Rêves can offer these Products with variable prices. The Offer states that prices are guide prices and may fluctuate.
  5. If Buyer is not at home/unavailable to take delivery of the goods, and La Doux Rêves cannot leave the goods for Buyer in any other way at the time of a first delivery/delivery attempt (for example, by delivering the goods to neighbors present), La Doux Rêves shall be entitled to charge additional costs for a subsequent delivery (attempt).

  Article 10 – Payment and collection policy.

  1. Payment should preferably be made in advance in the currency in which it was invoiced by the method indicated.
  2. Buyer cannot derive any rights or expectations from an estimate issued in advance, unless the parties have expressly agreed otherwise.
  3. Buyer must make payment in a lump sum to the account number and details of La Doux Rêves made known to her. The parties may agree on a different term of payment only with the express written consent of La Doux Rêves.
  4. If a periodic payment obligation of Buyer is agreed upon, La Doux Rêves is entitled to adjust the applicable prices and rates in writing subject to a period of 3 months.
  5. In the event of liquidation, bankruptcy, attachment or suspension of payments of Buyer, La Doux Rêves’ claims against Buyer shall be immediately due and payable.
  6. La Doux Rêves has the right to have the payments made by the Buyer go first of all to reduce the costs, then to reduce the interest falling due and finally to reduce the principal sum and the current interest. La Doux Rêves may, without thereby being in default, refuse an offer of payment if the Buyer designates a different order of attribution. La Doux Rêves may refuse full repayment of the principal sum, if this does not include the interest due and accrued and the costs.
  7. When Buyer fails to meet its payment obligation and has not fulfilled its obligation within the stipulated payment period of 14 days, Buyer will first receive a written reminder with a period of 14 days from the date of the reminder to still fulfill the payment obligation with a statement of the extrajudicial costs if Consumer fails to fulfill its obligations within that period, before it is in default.
  8. From the date the Buyer is in default, La Doux Rêves shall without further notice of default claim the statutory (commercial) interest from the first day of default until full payment and compensation of the extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code to be calculated according to the graduated scale from the Decree on compensation for extrajudicial collection costs of 1 July 2012.
  9. If La Doux Rêves has incurred more or higher costs that are reasonably necessary, such costs shall be eligible for reimbursement. Judicial and execution costs incurred shall also be borne by Buyer.

  Article 11 – Retention of title.

  1. All goods delivered by La Doux Rêves, remain the property of La Doux Rêves until Buyer has fulfilled all the following obligations under all Agreements concluded with La Doux Rêves.
  2. Buyer is not authorized to pledge or otherwise encumber the items subject to retention of title if ownership has not yet been transferred in full.
  3. If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, Buyer shall be obliged to inform La Doux Rêves thereof as soon as may reasonably be expected.
  4. In the event that La Doux Rêves wishes to exercise its property rights indicated in this article, Buyer hereby unconditionally and irrevocably consents and authorizes La Doux Rêves or third parties to be designated by it to enter all those places where the property of La Doux Rêves is located and to repossess those goods.
  5. La Doux Rêves has the right to retain the Product(s) purchased by Buyer, if Buyer has not yet fulfilled (in full) its payment obligations, despite an obligation to transfer or surrender from La Doux Rêves. After Buyer has fulfilled its obligations, La Doux Rêves will endeavor to deliver the purchased Products to Buyer as soon as possible, but at the latest within 20 working days.
  6. Costs and other (consequential) damages resulting from the retention of the purchased Products are at the Buyer’s expense and risk and shall be reimbursed to La Doux Rêves by the Buyer upon first request.

  Article 12 – Warranty La Doux Rêves guarantees that the Products comply with the Agreement, the specifications stated in the offer, usability and / or soundness and the legal rules / regulations at the time of the conclusion of the Agreement. This also applies if the goods to be delivered are intended for use abroad and Buyer has expressly notified La Doux Rêves of this use in writing at the time of entering into the Agreement.   Article 13 – Instructions for use Products

  1. Buyer of Products must follow the regulations and instructions of La Doux Rêves.

  Article 14 – Suspension and dissolution

  1. La Doux Rêves is authorized to suspend the fulfillment of its obligations or to dissolve the Agreement, if Buyer does not or not fully fulfill its (payment) obligations under the Agreement.
  2. In addition, La Doux Rêves is authorized to terminate the Agreement existing between it and Buyer, insofar as it has not yet been performed, without judicial intervention, if the Buyer fails to fulfill, on time or properly, the obligations arising for it under any Agreement entered into with La Doux Rêves.
  3. Furthermore, La Doux Rêves is authorized to terminate the Agreement (or have it terminated) without prior notice of default if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which are of such a nature that unaltered maintenance of the Agreement can no longer be reasonably expected.
  4. If the Agreement is dissolved, La Doux Rêves’ claims against Buyer shall be immediately due and payable. If La Doux Rêves suspends fulfillment of its obligations, it retains its claims under the law and Agreement.
  5. La Doux Rêves always retains the right to claim damages.

  Article 15 – Limitation of liability

  1. If the performance of the Agreement by La Doux Rêves leads to liability of La Doux Rêves to Buyer or third parties, such liability shall be limited to the costs charged by La Doux Rêves in connection with the Agreement unless the damage occurred due to intent or gross negligence. In any event, La Doux Rêves’ liability is limited to the maximum amount of damages paid by the insurance company per event per year.
  2. La Doux Rêves is not liable for consequential damage, indirect damage, loss of profits and/or losses suffered, missed savings and damage resulting from the use of the Products delivered is excluded. For Consumer, a limitation applies in accordance with what is allowed under Article 7:24 paragraph 2 of the Civil Code.
  3. La Doux Rêves is not liable for and/or obliged to repair damage caused by the use of the Product. La Doux Rêves provides strict maintenance and usage instructions that must be followed by Buyer. Any damage to Products resulting from wearing and use is expressly excluded from liability (this includes traces of use, usage damage, fall damage, light and water damage, theft, loss, etc.).
  4. La Doux Rêves is not liable for damages that are or may result from any act or omission as a result of (imperfect and/or incorrect) information on the website(s) or from linked websites.
  5. La Doux Rêves is not liable for any loss of quality of the goods / Products due to the need to make a subsequent (e.g. second) attempt at delivery or in the event that La Doux Rêves is forced to leave the Products in any other way for Buyer (e.g.: delivery to neighbors).
  6. La Doux Rêves is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or unavailability of the website for any reason.
  7. La Doux Rêves is not responsible for the correct and complete transmission of the content of and email sent by/on behalf of La Doux Rêves, nor for its timely receipt.
  8. All Buyer’s claims for shortcomings on the part of La Doux Rêves shall expire if they have not been reported to La Doux Rêves in writing, giving reasons, within one year after Buyer was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of Buyer shall in any case expire one year after the termination of the Agreement.

  Article 16 – Force majeure

  1. La Doux Rêves is not liable if, as a result of a force majeure situation, it cannot fulfill its obligations under the Agreement, nor can it be held to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account by virtue of the law, legal act or generally accepted practice.
  2. Force majeure shall in any case mean, but is not limited to, what is understood in law and jurisprudence in this respect, (i) Force majeure of suppliers of La Doux Rêves, (ii) failure to properly fulfill obligations of suppliers prescribed or recommended by Buyer to La Doux Rêves, (iii) defectiveness of third-party items, equipment, software or materials, (iv) government actions, (v) electricity failure, (vi) disruption of Internet, data network and telecommunications facilities (for example, due to: cybercrime and hacking), (vii) natural disasters, (viii) war and terrorist attacks, (ix) general transportation problems, (x) strikes in the company of La Doux Rêves and (xi) other situations that, in the opinion of La Doux Rêves, are beyond its control that temporarily or permanently prevent the performance of its obligations.
  3. La Doux Rêves has the right to invoke force majeure if the circumstance preventing (further) performance occurs after La Doux Rêves should have fulfilled its commitment.
  4. The parties may suspend obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, either party is entitled to dissolve the Agreement, without any obligation to compensate the other party for damages.
  5. Insofar as La Doux Rêves at the time of the occurrence of force majeure has already partially fulfilled its obligations under the Agreement or will be able to fulfill them, and the fulfilled or to be fulfilled part has independent value, La Doux Rêves is entitled to separately invoice the fulfilled or to be fulfilled part. Buyer is required to pay this invoice as if it were a separate Agreement.

  Article 17 – Collection and/or Delivery  Collection

  1. Client must place an order in a timely manner but at least 1 day in advance. Large orders should be placed in consultation with La Doux Rêves. Orders must be picked up by Client himself at La Doux Rêves’ physical location. Client shall comply with the regulations of La Doux Rêves in doing so.

Delivery

  1. La Doux Rêves is obliged to ensure that, with respect to the Products, food safety is guaranteed at all times in accordance with applicable laws and regulations, as well as to carry out controls (or have them carried out) on a regular basis and report the results of such controls. La Doux Rêves may provide Client with instructions regarding food safety if Client keeps the Products itself. La Doux Rêves shall never be liable on the basis of its advice, or the omission thereof, for any damage and/or costs incurred by Client.
  2. Delivery takes place on an agreed day and time.

  Article 18 – Transfer of Risk The risk of loss or damage to the Products that are the subject of the Agreement shall pass to Buyer at the time the Products are given into Buyer’s control. This is the case if the Products have been delivered to Buyer’s delivery address.   

Article 19 – Intellectual Property Rights.

  1. All intellectual property rights and copyrights of La Doux Rêves belong exclusively to La Doux Rêves and are not transferred to Buyer.
  2. Buyer is prohibited from disclosing and/or reproducing, modifying or making available to third parties all documents subject to La Doux Rêves’ intellectual property rights and copyrights without the express prior written consent of La Doux Rêves. If Buyer wishes to make changes to items delivered by La Doux Rêves, La Doux Rêves must expressly approve the intended changes.
  3. Buyer is prohibited from using the Products subject to La Doux Rêves’ intellectual property rights other than as agreed in the Agreement.

  Article 20 – Privacy, data processing and security     

  1. La Doux Rêves handles the (personal) data of Buyer and visitors of the website(s) with care. If requested, La Doux Rêves will inform the data subject.
  2. If the Agreement requires La Doux Rêves to provide security of information, such security will comply with the agreed specifications and a level of security that is not unreasonable given the state of the art, the sensitivity of the data, and the associated costs.

  Article 21 – Complaints

  1. If Buyer is not satisfied with La Doux Rêves’ Products and/or has complaints about the (performance of the) Agreement, Buyer is obliged to report these complaints as soon as possible, but at the latest within 14 calendar days after the relevant occasion that led to the complaint. Complaints can be reported at info@ladouxreves.com with the subject line “Complaint.”
  2. The complaint must be adequately substantiated and/or explained by Buyer in order for La Doux Rêves to process the complaint.
  3. La Doux Rêves will respond to the complaint in substance as soon as possible, but no later than 14 calendar days after receipt of the complaint.
  4. The parties will try to reach a solution jointly.

  Article 22 – Applicable law

  1. Any Agreement between La Doux Rêves and Buyer is governed by Dutch law. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.
  2. In case of interpretation of the content and scope of these general terms and conditions, the Dutch text thereof shall always prevail. La Doux Rêves has the right to unilaterally modify these terms and conditions.
  3. All disputes arising from or as a result of the Agreement between La Doux Rêves and Buyer shall be settled by the competent court of Rotterdam unless provisions of mandatory law lead to the jurisdiction of another court.

  Rotterdam, Aug. 24, 2021.

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