Article 1 - Definition of Seller and capacity of the Client
The “Seller” of the items in this web shop is Biscuiterie Jules Destrooper SA, with registered office at 5 Gravestraat, 8647 Lo-Reninge and with company number 0426.191.967 and bank account number BE41 2800 2797 2110.
The “Client” who would like to use the Jules Destrooper web shop, declares by his/her order on the website www.julesdestrooper.com (hereafter referred to as: the “Website”) that he/she is acting in the capacity of consumer or trader. The Client declares to be 18 years or older.
Article 2 - Applicability of General Conditions
These terms and conditions regarding sales and offers via the web shop of the Seller effective at the time of order by the Client (hereafter referred to as the "Conditions") are applicable to the online offers and sale of products from the Seller's product range to consumers via the website.
The Seller undertakes only to sell online to customers who reside in the territory of Belgium, the Netherlands or the Grand-Duchy of Luxembourg.
The Conditions that were applicable at the time of the sale continue to apply to ongoing agreements. As these Conditions may change from time to time in accordance with article 12 of these Conditions, you are advised to determine which Conditions apply before every sale.
Article 3 - Prices
All prices include Belgian VAT. Additional delivery fees or other administrative costs are specified separately for each item or in communication with the Client.
In accordance with the new VAT regulation, in force since the 1st of July 2021, the VAT percentage of shipments to other countries than Belgium (The Netherlands, Luxembourg, France) is recalculated when confirming the country of shipment.
Article 4 - Offer
The offer is valid as long as the product is in stock and may be changed at any time
The description of the products is done in accordance with current legislation. Images are for illustrative purposes only and the delivered packaging may differ in appearance from the product illustrated online.
For the sale of our biscuits and our Speculoos Spread, we guarantee a shelf life of minimum 90 days. If the shelf life is under 90 days, the products are sold at a lower price and this is clearly indicated in the description of the product.
The Seller shall not be held liable for apparent material errors, printing or typographical errors.
Article 5 - Payment
We can only accept payment via the payment modules on our website for online orders:
• Bancontact
• Credit Card
• KBC/CBC-Pay Button
• Belfius Pay Button
• iDEAL
In order to guarantee secure online payments and the security of your personal data, the transaction data is transmitted via the internet, encrypted with SSL technology. To pay with SSL, you do not need special software. You can recognize a secure SSL connection by the "lock" in your browser's status bar.
Article 6 - Initiating a purchase
An order can be placed through the Website by following the steps indicated in the web shop on the Website.
After ordering the goods, a statement of the ordered goods is sent to the Client and made available online. Upon confirmation of the order, a monetary payment is requested according to the specified payment method. The sale is complete upon receipt of full payment. The order will be made ready for delivery after payment. The Client will subsequently be provided with a confirmation of his/her purchase and the specifications of the delivery in accordance with the stated delivery method.
The Seller reserves the right to refuse orders in the following cases:
- when an article is no longer in stock or no longer available;
- when the offer is found to be incorrect;
- when the delivery address is outside the Benelux;
- in the event of force majeure.
Article 7 - Delivery
Deliveries are made according to the delivery method indicated by the Client.
7.1 – General + Rates
Jules Destrooper has chosen BPost as its partner for the delivery of online orders.
The Seller does everything possible after receipt of payment to deliver the products in a correct manner to the address specified by the Client. The ordered products can only be delivered to a physical address in the Benelux, and not to a P.O. box.
The standard shipping cost is € 6,70 to Belgium, € 9,50 to the Netherlands, € 12 to Luxemburg and € 17 to France, irrespective of the weight of the shipment. Shipments with a value higher than € 40,00 VAT excluded are sent free of charge.
As the shipments contain objects of value, they must always be supplied with a barcode. The document that is created after scanning the order upon delivery, serves as presumption that the order has duly been delivered (and that the Client has duly received the order) and as proof unless the Client provides proof of the contrary. After receiving the order, the Client is responsible for any possible damage to the product.
The Seller nevertheless reserves the right to choose the most appropriate delivery method for each order. The Seller can therefore choose to send an order by registered mail based on the characteristics of the order (amount equal to or greater than € 250), the delivery history (previous problems reported by the Purchaser, any possible disputes regarding the delivery ...) or objective criteria which suggest that problems will/may occur with the delivery (non-compliant mailbox, shared mailbox with multiple recipients ...).
7.2 -Delivery periods
Orders placed from Monday till Friday before 6 pm, will be delivered the next day (in Belgium). However, please take into account that delivery may take a bit longer during busy periods throughout the year such as Christmas and New Year.
For the other countries where we deliver, the following delivery periods apply:
- The Netherlands and Luxembourg: 1 to 2 days
- North of France and Paris: 1 day
- Central France: 2 days
- South of France: 3 days
The delivery periods are based on average processing and delivery times and are only provided as information. Non-compliance with these indicative delivery periods will not entitle the Client to request compensation.
We will execute accepted orders within 30 days, unless another delivery period has been agreed upon. If we cannot deliver on time, we will always notify you before the delivery of the planned delivery period. We will then agree a new delivery term with you. If we also fail to meet this second term, you as a consumer may dissolve the comparable agreement. We will then refund you within 30 days of the cancellation.
If we do not notify you before the expiry of the initially planned delivery date, you as a consumer may immediately dissolve the actual agreement upon expiry of the term. We will then refund you within 30 days of the cancellation.
If the delivery is delayed, or if an order cannot or only partially be executed, we will always inform you before the expiration of the planned delivery period. If we do not, you can cancel your order, free of charge. In that case, we will refund you within 30 days after termination.
If the Client, pursuant to Article 7, provides evidence that the order was not delivered within a period of 30 calendar days after its confirmation, the Client may cancel the order without penalty, provided he/she does so by sending an e-mail or registered mail to the contact address stated in Article 8 of these terms and conditions.
The amount already paid by the Client will then be refunded to him/her within 30 days after a request of cancellation has been received.
The Seller reserves the right to split the delivery of products according to their availability. If delivery of an order is split, the final product is delivered within the aforementioned period of 30 days.
Products that consist of several items on the website itself will not be split during delivery.
When ordering as a company, the Client assumes full responsibility for the risk of transporting the ordered goods. The risk of the goods is transferred to the Client immediately upon payment thereof. Damage or loss during shipment is the responsibility of the Client.
When ordering as a private person and biscuits and/or other products are broken or damaged in any other way during shipping, the Seller will ship the same products again or refund the products concerned in case they should have run out of stock.
The Seller takes great care in packaging the products, but the Seller cannot prevent cakes and/or other products from breaking or being damaged in any other way during shipping. The Seller cannot be held liable for this.
Article 8 - Complaints
8.1 Any visible damage and/or qualitative deficiency of the goods or other failure in the delivery must be immediately and no later than after a period of two months reported to the Seller, on pain of forfeiture of any right. For any questions or complaints relating to the conformity of the products delivered, the Client may contact the address below:
We are committed to handle complaints within 7 days.
Jules Destrooper – Webshop
5 Gravestraat
8647 Lo-Reninge 8647
Tel.: +32(0)70/66 60 60
E-mail: info@julesdestrooper.com
Website: www.julesdestrooper.com
8.2 All agreements that we enter into with our clients, irrespective of their place of residence, shall be governed exclusively by Belgian law and in the case of disputes only the competent Belgian courts shall have jurisdiction. If however for reasons of international law another law is applicable, the Belgian Law on Market Practices and Consumer Protection shall be consulted first for the interpretation of current general terms and conditions.
8.3 By way of Alternative Dispute Resolution measure, the Service de Médiation des Consommateurs of the SPF Economie has been appointed to receive all demands of out of court settlement of consumer disputes. The Service will intervene directly or transfer your complaint to the appropriate service. You can contact the Service de Médiation des Consommateurs via this link.
In case of cross border dispute, you can contact the "Online Dispute Resolution" platform of the European Union via this link.
If we can't work it out together, you can contact SafeShops. If your complaint is accepted by SafeShops they will mediate in a neutral way between us and you as a customer. You can reach them via the complaint form of SafeShops or in writing: Kapelsesteenweg 195/1, 2180 Ekeren, info@Safeshops.be.
Article 9 - Warranty
Ordered items are only covered by our statutory warranty.
With regard to the supply of goods, we adhere to the statutory minimum warranty period of two years if the goods are not in accordance with your order. This means that in the event of a defect or failure of the goods within 2 years as from the delivery date, the goods will be repaired or replaced free of charge.
Insofar as this is possible and reasonable, you have a choice between a repair or a replacement. Only in the event that a repair or replacement is impossible or excessive or cannot be carried out within a reasonable period of time, will you have the right to demand a price reduction or dissolution of the contract of sale.
For obvious reasons the warranty for perishable products is limited to the expiry date of these products.
Except in the event of mandatory statutory provisions, the Seller is not liable for any (direct or indirect) damage caused by the delivered products. The warranty does also not apply in the event products are integrated in other products.
Article 10 – Right of withdrawal
The Client may terminate an agreement for the purchase of a product within a reflection period of 14 days and is not required to give any reason.
The reflection period specified in paragraph 1 takes effect on the day after the Client, or a third party designated in advance by the Client who cannot be the carrier, has received the product.
During the reflection period, the Client must handle the product and the packaging with care. He may only unpack or use the product to the extent necessary to determine the nature and characteristics of the product. The general principle here is that the Client may only handle and inspect the product as he/she would in a shop.
The Client is liable for any loss of value of the product that results from handling the product beyond the permitted manner as specified in the preceding paragraph.
The Client shall not be liable for any diminished value of the product if the Seller fails to provide all information required by law on the right of withdrawal at the time when the agreement is concluded.
If the Client exercises his right of withdrawal, he/she shall report this to the Seller within the reflection period by using the standard withdrawal form or any other clear and unambiguous form of communication. The Client shall send the product back, or hand it over to a (representative of) the Seller as soon as possible, and in any case within the 14 day reflection period stated above. The Client shall send back the product with all delivered accessories, in the original condition and packaging if reasonably possible, and in accordance with the Seller's reasonable and clearly specified instructions.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the Client.
The Client bears the direct cost of returning the product.
The Seller shall reimburse all payments from the Client, including any delivery costs charged by the Seller for the returned product, immediately but in any case within 14 days following the day on which the Client alerts the Seller that he/she wishes to terminate the agreement. Unless the Seller offers to retrieve the product himself, he may delay refunding the Client until he has received the product, or until the Client can show that he/she has sent the product back, whichever is the earlier. The Seller shall refund the Client using the same method of payment that the Client used, unless the Client agrees to a different method. The refund is free of charge to the Client. If the Client has opted for a more expensive method of delivery than the cheapest standard delivery, the Seller does not have to refund the additional cost of the more expensive method.
The right of withdrawal of the Client is excluded, after prior notice thereof to the Client, for i) products that spoil quickly or have a limited shelf life and ii) sealed products that are not suitable to be sent back due to health or hygienic reasons and the seal of which was broken after delivery.
For withdrawal, the Client can use the standard form for withdrawal and the corresponding standard instructions which have been annexed to the present conditions.
Article 11 - Privacy
As stated in the Law on the protection of privacy, personal details provided by the Client on the website can be transferred. Personal information provided for by the Client shall be used by the Seller for the following purposes: executing the agreement between the Client and the Seller, including invoicing and delivery of products purchased by the Client.
The data can also be used for promotion and commercial purposes and to inform the Client about the Seller, and his products and services. If the Client does not want this, he/she shall communicate this in writing to the Seller. Upon written request, the use of the personal information shall be limited to the purposes stated in the first paragraph of this article.
The Client has the right to communicate and change his or her personal details. It is sufficient to contact the Seller in writing at the address provided in the contact information in article 12, with proof of identity.
The Commission for the protection of the privacy keeps a public register of the automated processing of personal data. The Client may also consult this list if he/she requires further information on the manner in which the Seller handles the data.
The Client is solely responsible for the managing the login ID and password which is strictly linked to his or her person. The Client indemnifies the Seller against any possible damage caused by misuse of a login ID or password.
Article 12 - Contact information
You can contact Biscuiterie Jules Destrooper nv, at 5 Gravestraat, 8647 Lo-Reninge of via e-mail at shop@julesdestrooper.com.
Article 13 - Amendments to the conditions
Current conditions can change at any moment without prior notice. Any purchase made after the amendment of these conditions as published on the website implies that the Client accepts the new conditions. It is therefore advised to regularly consult these Conditions.
The Conditions may be supplemented or modified by other conditions if explicitly specified to the Client prior to the purchase.
Article 14 - Proof
The Client accepts that electronic communication (e.g. e-mails), files (e.g. transmission reports) and back-ups can serve as proof.
Article 15 - Liability
The Client uses the Website and the web shop on his/her own responsibility. The Seller is not liable for any failure or any unavailability of the shop due to technical failure. The Seller is not liable for any damage to the Client as a result of a virus being spread via the web shop.
The Seller guarantees that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable demands of reliability and/or usability and legal provisions and/or government regulations existing on the date when the agreement was concluded.
An additional warranty provided by the Seller shall never limit the legal rights and claims that the Client may assert against the Seller based on the agreement, if the Seller has failed to fulfil its part of the agreement.
The term extra warranty is understood to mean each commitment of the Seller where he/she grants the Sellers rights or privileges beyond what is required by law in the event he/she failed to fulfil his part of the agreement.
Article 16 - Applicable law - Jurisdiction
Belgian law is applicable to the initiation, interpretation, execution and termination of the agreement between the Client and the Seller. In case of dispute, only the courts of the judicial district where the registered office of the Seller is established shall have jurisdiction.