Preamble

These general terms and conditions of sale govern the relationships between the Client and EXKi via the Website or the EXKi mobile app.

By confirming their order, the Client outlines their formal agreement with the following general terms and conditions of sale. Before confirming their order, they will be requested to accept these general terms and conditions of sale on the Website/mobile app, by ticking the box provided for this purpose. The act of making an order results in the Client accepting these general terms and conditions.

The Client declares to be aware of and have accepted these General Terms and Conditions of Sale, before placing their order.

The validation of the order subsequently is considered as a contract between EXKi and the Client, and as the Client accepting these General Terms and Conditions of Sale.

EXKi, at any time, reserves the right to adapt or modify its general terms and conditions of sale. In the event of a modification, the general terms and conditions of sale applicable on the date of the order will be applied to each order.

Also, the Client is asked to regularly view the general terms and conditions of sale, so that they stay informed about the most recent developments.

Definitions

In these general terms and conditions of sale, the following words and expressions will have the following meanings

·        The term “the Client” means any client who orders products on the website, http://exki.kiffandco.be/index.html .

·        The term “EXKi” means the company EXKi SA, of which the Head Office is located at 1000 Brussels, Stéphanie Plaza Avenue Louise 54, registered in the Crossroads Bank for Enterprises under the no. 0472.429.986 (08/514.16.50);

·        The term “the Products” means the products offered and supplied by EXKi to the Client;

·        The term “the Website” means the website, www.exki.com;

1. Order and acceptance

1.1 The general terms and conditions of sale apply to all orders of Products placed by a Client on EXKi’s Website or via the mobile app.

1.2 The order can only be recorded on the Website if the Client has clearly identified themselves.

1.3 The order, to be accepted by EXKi, must reach a minimum amount of 60 euros, excluding VAT.
The delivery costs are 18 euros for any order placed in zone 1 and 2. No delivery costs will be added for the Client for any order of more than 125 euros, including VAT.

1.3 Any order must be placed, at the latest, at 5:00pm the day before delivery . An express request from the Client, a special order can also be delivered on Sundays.

1.4 Any order conveys acceptance of the prices and the description of the Products available for sale.

1.5 EXKi is committed to honouring orders received on the Website, only within the limit of available product stock. If a Product is not available, EXKi is committed to informing the Client about this. EXKi can offer the Client a substitute product, of the same quality and price. The Client will have the choice to accept the substitution or cancel the Product.

1.6 Acceptance of Product orders placed by a Client is at EXKi’s entire discretion. EXKi can therefore refuse the order and the drawing up of any contract, if there is any doubt concerning the accuracy or authenticity of the order.

1.7 Because of the perishability of the Products, the Client does not have the right to cancel the contract thus formed after placing the order.

2. Price and payment

2.1 Except for any written provision on the contrary, the prices indicated by EXKi on the Website are understood to be in euros, including tax and VAT. The applicable VAT is applied on the date of the order. Any chance in VAT rate can be echoed in the prices of the Products.

Likewise, if one or several taxes or contributions are created or modified, either as an increase or decrease, this change can be echoed in the sale price of the Products.

2.2 Prices cannot be modified once the Client has placed the order. The prices of Products ordered on the Website and the order date in question are binding.

2.3 Orders can only be finalised when payment is made by the Client, by means of a credit/debit card via the secure platform on the Website.

On a Client’s special request, the order can be made without payment prior to EXKi sending a concomitant invoice later. EXKi has supreme and exclusive discretion in accepting this exceptional method of delivery without prior payment.

3. Delivery

3.1 The delivery of the order will be made to the delivery address indicated by the Client at the time of the order.

The Client is committed to having a space that is easy to access for the deliverer of the order, so that they can deposit the order thus delivered, immediately and without needing to wait. Failing that, the deliverer can refuse to acknowledge delivery of the Products, which will remain the Client’s responsibility.

3.2 EXKi will make all provisions with the Client, in order to supply them with the Products ordered in the time slot agreed at the time of the order confirmation, in principle, between 7:00am and 7:00pm. The Client agrees to accepting the delivery of the Products according to the agreed timeframe and place of delivery.

3.3 No liability, of any type, can be held against EXKi in the event of a late delivery in relation to the time stated.

4. Receiving the order

4.1 No claim, either concerning possible material errors in price or quantity, or the condition of the goods, will be accepted beyond the day after the date of receiving the order by the Client.

The Client then renounces any recourse and any claim, on whatever grounds, in relation to the order received.

4.2 Under article VI.53 of the Belgian Code of Economic Law, the delivery of perishable foodstuffs, produced and commercialised by EXKi cannot form the subject of any right of withdrawal from the Client.

5. Equipment made available to the Client

If, for whatever reason, equipment needed to be delivered in support of the order (for example, tray, crockery, etc.), this equipment must be returned in the condition in which it has been delivered, according to the methods agreed. In the event of the delivered equipment disappearing or becoming damaged, this will be invoiced to the Client at cost price.

6. Promotional offers

6.1 Products can be the subject of promotional offers. Any special promotional offer will be subject to these general terms and conditions of sale, which will prevail in the event of inconsistency between the terms of the special offer and these terms and conditions.

6.2 EXKi reserves the right to modify the terms of the special offers or withdraw them at any time. Any order place before the offer is withdrawn or modified, will be honoured under the applicable conditions on the date of the order.

7. Liability

7. 1 EXKi has, for all stages in managing the order, as well as in delivering Products, a simple obligation of means.

7.2 In any case, EXKi’s liability cannot be engaged in the event where the inexecution of its obligations would be attributable, either to the unforeseeable and insurmountable act of a third party to the contract, or a force majeure event.

7.3 Likewise, EXKi’s liability cannot be engaged for any shortcomings or damages, inherent to the use of the internet network, in particular a break in service, an external intrusion, or the presence of computer viruses.

EXKi endeavours to make the Website/mobile app secure by resorting to any reasonable means. EXKi assumes no liability for possible direct or indirect damage which may be caused to any IT facility because of using the Website/mobile app. EXKi declines any liability in the event of any interruption, even temporary, to the service of the Website/mobile app.

EXKi cannot be held liable for any interruption, even temporary, of the service on the Website/mobile app.

7.4 EXKi presents the Products offered on its Website/mobile app in a way that the Client is aware of the main characteristics before placing an order. The photographs of products on EXKi’s Website/mobile app are only supplied to illustrate those products, and they are not contractual. Although EXKi does the maximum to represent the product in the most faithful way as possible, it can only guarantee that the Products represented on the Clients screen correspond exactly to the products ordered. The products can therefore present slight differences to these illustrations. Although EXKi does the maximum to be as precise as possible, all sizes, weights, contents, dimensions and measurements represented on the Website/mobile app can present reasonable differences.

All precautions have been taken in order to guarantee accuracy in the information relating to each Product. However, food products are constantly the subject of adaptations, in a way that the ingredients, nutritional values, dietetics and allergens can change. For these reasons, the Client is advised to always read the packaging and the product’s label and to not only refer to the information outlined on the Website/mobile app.

7.5 EXKi cannot be held liable for incorrect information relating to the Product that has been ordered.

EXKi takes all reasonable measures to make sure that the prices of Products are correctly outlined in the system. The Website/mobile app however contains a lot of products and it is not impossible, despite EXKi’s reasonable efforts, for some products on the Website/mobile app to be matched with an incorrect price. EXKi’s liability cannot be engaged and all measures to rectify this will be taken immediately.

8. Confidentiality – Personal data – Intellectual property

8.1 EXKi refers, for this chapter, to the legal disclaimer contained on its Website, of which the Client declares to be aware of and to accept its terms.

8.2 EXKi implements all means to ensure confidentiality and security of data transmitted over the internet. EXKi reserves the right to collect personal data, in particular by using cookies.

Under the law of 8 December 1992, the Client has a right to access, to oppose and to rectify data directly concerning them on the Website.

8.3 All elements of the Website, whether visual or sound-related, including the underlying technology, are protected by copyright, trademark law or patent law.

The Client acknowledges that all intellectual property rights over the Products are the exclusive property of EXKi.

Usage rights, reproduction rights, as well as intellectual rights relating to the Website/mobile app are the exclusive property of EXKi or one of its subsidiaries or a third party. No licence or any other right other than that to view the Website/mobile app is granted to any party, as regards intellectual property rights. They can only be reproduced or communicated to the public after express and prior written authorisation from EXKi or the subsidiary in question, or the third party in question.

9. Applicable law and competence

This contract is exclusively subject to Belgian law. Any disagreement between the parties will be of the exclusive competence of the French-speaking courts of Brussels.

Zone 1 ( 19 communes Bruxelles )                                            Zone 2 

1000      Bruxelles                                                                        1070      Erasme

1020      Laeken                                                                            1080      Technologie

1030      Saint-Josse                                                                    1120      Neder-Over-Heembeek

1030      Schaerbeek                                                                   1130      Haren

1040      Etterbeek                                                                       1600      St.Pieters-Leeuw

1050      Ixelles                                                                             1601      Ruisbroek

1060      Saint-Gilles                                                                    1602      Vlezenbeek

1070      Anderlecht                                                                     1620      Drogenbos

1080      Berchem-St-Agathe                                                     1630      Linkebeek

1080      Ganshoren                                                                     1640      Rhode-St-Genèse / St-Genesius-Rode

1080      Koekelberg                                                                    1700      Dilbeek

1080      Molenbeek                                                                    1702      Grand-Bigard / Groot-Bijgaarden

1090      Jette                                                                                1731      Zellik / Relegem

1140      Evere                                                                              1780      Wemmel

1150      Woluwe-St-Pierre                                                         1830      Machelen

1160      Auderghem                                                                   1831      Diegem

1170      Watermael-Boitsfort                                                   1853      Strombeek-Bever

1180      Uccle                                                                              1930      Zaventem / Nossegem / Aéroport

1190      Forest                                                                             1932      St. Stevns Woluwe

1200      Woluwe-St-Lambert                                                    1933      Sterrebeek

1210      St-Josse                                                                         1950      Kraainem

                                                                                                       1970      Wezembeek-Oppem