General terms & conditions
Table of Contents
Article 1 – Identity of the Buyer
Article 2 – Definitions
Article 3 – Applicability
Article 4 – Offers and Conclusion of Agreements
Article 5 – Orders
Article 6 – Prices
Article 7 – Payment
Article 8 – Delivery and Delivery Terms
Article 9 – Right to Withdraw
Article 10 – Reservation of Ownership
Article 11 – Conformity and Warranty
Article 12 – Liability
Article 13 – Intellectual Property
Article 14 – Complaint Procedure
Article 15 – Applicable Law and Competent Court
Article 16 – Miscellaneous
Article 17 – Sales and Promotions
Article 1 – Identity of the Buyer
The website, which can be accessed at the address www.Fine2Dine.com, hereinafter referred to as “Website”, exploited by Aerts NV, having its registered office in 2440 GEEL, Herentalseweg 66, registered in the Register of Companies with number 0457.718.254, hereinafter referred to as “Fine2Dine”.
E-mail address: [email protected]
Telephone number: +32 (0)14 24 29 00
Bank Account Number: BE87 3630 5414 1194
VAT number: BE457.718.254
Article 2 – Definitions
- Seller: Fine2Dine
- Buyer: any natural person who acquires or uses products or services marketed by Fine2Dine exclusively for nonprofessional purposes.
- Distance Contract: any agreement between Fine2Dine and the Buyer regarding goods or services that is made within the framework of a remote sales or service system organized by the supplier whereby, for this contract, only one or more methods of remote communication is used, up to and including the conclusion of the agreement itself.
- Goods: each product that is offered by Fine2Dine on the website. The products consist of home and table decorations or similar products.
- Website: the website of the Seller, accessible via www.fine2dine.com. Technology for remote communication, any means that can be used for the creation of the agreement between these parties without the simultaneous physical presence of Fine2Dine and the Buyer.
Article 3 - Applicability
- These general conditions are applicable to every offer by Fine2Dine as an online merchant to the Buyer, any natural person that acquires or uses marketed products or services only for non-professional purposes.
- To place an order, you must be at least 18 years old. If you are not 18, we ask that you have the order placed by your parents or legal guardian. If we notice that the order is placed by a minor, we reserve the right to refuse such an order.
- In the event that specific conditions for goods and services are also applicable in addition to these General Terms and Conditions and if there are differences between the Additional Terms and the General Terms and Conditions, then, in principle, the provisions of the Additional Terms supercede the General Terms and Conditions unless otherwise determined.
- One or more provisions in these General Terms and Conditions can only be deviated from if this has been expressly agreed to in writing. In that case, the other provisions of these conditions remain fully in force.
- General Terms and Conditions are also applicable to the Buyer unless expressly agreed to by Fine2Dine.
- Fine2Dine reserves the right to change and/or supplement the General Conditions at any time for future orders.
- By using the Fine2Dine website and/or by placing an order the Buyer accepts these General Terms and Conditions as well as all other rights and obligations such as stated on the website.
- If one or more provisions in these General Terms and Conditions are wholly or partially found illegal, void or unenforceable for any other reason, then this condition shall be deemed severable from the General Terms and Conditions and shall not have an impact on the validity or enforceability of the remaining provisions. These General Terms and Conditions form the complete agreement between the Buyer and Fine2Dine with regards to the material contained therein.
Article 4 - Offers and Conclusion of Agreements
- Offers are valid as long as they are stated on the website and as long as the items are in stocks.
- If the offer is subject to certain conditions, then this will be expressly stated in the offer.
- Fine2Dine always describes as completely and accurately as possible what they sell and how the ordering process will proceed. The description is in any case sufficiently detailed to have a good idea. In the event that Fine2Dine uses images for the goods and/or services offered these will be displayed as accurately and truthfully as possible. Making mistakes, however, is human and if Fine2Dine is obviously mistaken it is not required to deliver.
- An agreement comes into being and is confirmed at the moment that the order confirmation is given to the Buyer or sent by email to the email address specified by the Buyer, and also as soon as Fine2Dine approves the payment with credit or debit cards received by the issuer of the card.
In the event that the issuer of the card refuses to agree with the payment, Fine2Dine cannot be held responsible for delays in delivery and/or non-delivery of the order placed order. Orders without a valid payment in the name of the registered cardholder are not accepted or processed.
Article 5 - Order
- In order to purchase a product online, the product must be added to the shopping basket after which the contact and billing details of the Buyer must be entered. After this the Buyer can choose the method of delivery: delivery to a Belgian, Dutch, French, German or Luxembourg address. In the last step, the Buyer gets to an overview page where the General Terms and Conditions can be accepted and the payment confirmed by pressing the order button with the caption, "Order With Payment Obligation." If these steps are completed, the purchase is final.
Article 6 - Prices
- With regard to consumers within the European Union, all prices are expressed in Euros and are inclusive of VAT or any other tax imposed by authorities. Deliveries outside the European Union may result in taxes that must be paid by the recipient insofar as this is permitted by the local consumer protection legislation. If this is the case, this will be expressly stated when concluding the agreement. The price will be invoiced in the currency the Buyer used to place his order.
- The Buyer owes the price that has been agreed on during the last step of the order process and which Fine2Dine has stated in its order confirmation. Obvious errors in the quotation or communication of discounts and prices such as evident inaccuracies can also be corrected by Fine2Dine or lead to Fine2Dine withdrawing from the sale to the customer.
- Delivery costs and return costs are clearly communicated to the Buyer. With regard to certain payment methods further conditions apply with regards to the delivery method and any costs. This is communicated clearly to the Buyer.
Article 7 - Payment
- The following payment methods can be used for orders placed on the Website:
- Belfius pay button;
- KBC/CBC payment button;
- Sofort banking;
- Bank transfer;
- ING home pay;
- If a credit card is selected as the payment method, then the conditions of the relevant card issuer apply. Fine2Dine is not a party in the relationship between the Buyer and the card issuer
- In order to guarantee a secure payment and the security of the Buyer's personal data, the transaction data is encrypted with SSL technology over the Internet. You do not need special software to pay with SSL. You recognize a safe SSL connection by the "lock" in the status bar at the bottom of your browser.
Article 8 - Delivery and Delivery Terms
- All goods are delivered to the address specified by the Buyer when ordering in Belgium, The Netherlands, France, Germany or Luxembourg.
- Orders are processed and delivered as quickly as possible. Fine2Dine aims to deliver the order within 3-7 business days from when you receive your confirmation.
- If the Buyer orders a product that is temporarily out of stock, it will say when the product will be available again. Fine2Dine aims to report delays to the Buyer by email within 3 business.
- If it cannot deliver on time, Fine2Dine will inform the buyer before the end of the planned delivery period. If Fine2Dine does not do this, the buyer can cancel the order free of charge. In that case Fine2Dine will refund the payment within 30 days after cancelation.
- Shipments always occur at the risk of Fine2Dine. The Buyer must therefore not worry about goods that could be lost during shipping. If products are returned, then the Buyer is responsible for the shipping.
- As soon as the products are delivered to the specified delivery address, the risk, as far as these products are concerned, is transferred to the Buyer.
- The Buyer or any other person must be present at the address at the time of the delivery of the product in order to accept it. If this is not the case, a second appointment is made with the Buyer for the delivery of the product.
- Fine2Dine is not liable for failed deliveries when:
- The buyer gives an incorrect or old address;
- No one is present at the address specified by the Buyer
- The Buyer does not immediately (within 24 hours) provide a new/correct address.
Article 9 - Right to Withdraw
- The Buyer has the right to decide whether not to keep the products for 14 days from their delivery or from the conclusion of the agreement. In such a case, the Buyer can return the order to Fine2Dine in the original condition and with the original packaging without paying a fine. The total purchase price will be refunded to the Buyer within 14 days after the order is received by Fine2Dine.
- The Buyer can only return the goods by sending them to Fine2Dine. A fixed cost of €10 that is linked to the return of the order must be taken into account for this.
- Fine2Dine reserves the right to wait to refund the payment until the time when the products in question have been received.
- The Buyer is expected to handle both the order and packaging with care during the first 14 days after delivery. If the Buyer still wishes to return the products as described above, he may only unpack the products to such an extent as is necessary to be able to assess whether he wishes to keep it. Returned goods may therefore also not have been used. Fine2Dine reserves the right to charge a fee if goods are damaged, used or dirty when returned, or if the original packaging or labels are missing.
- The return of products must happen together with all the delivered accessories in the original state and together with the original packaging. In addition, the instructions in these General Terms and Conditions must be taken into account.
- In order to exercise the right of withdrawal, the Buyer can complete the return form and send it to Fine2Dine. The return form can be downloaded here and is enclosed with the confirmation email. Moreover, it can also be obtained by sending an email to [email protected]. Fine2Dine will send the Buyer a receipt confirmation about the return form by email.
- Fine2Dine does not make any exceptions to any of the above conditions regarding the right of withdrawal.
Article 10 - Reservation of Ownership
- The ownership of a product will transfer to the Buyer, even though the physical delivery has already taken place, only after the payment owed for the product has been paid in full, including interests and costs.
- The Buyer may not encumber, sell, deliver, alienate or otherwise burden the goods before the ownership is transferred.
Article 11 - Conformity and Warranty
- Fine2Dine guarantees that the products match the order and satisfy the normal expectations of the Buyer taking into account the specifications of the product. Fine2Dine ensures that its goods comply with all laws in force at the time of the order.
- As consumer, the Buyer has a legal warranty of 2 years on goods that he buys from us. During this period and within legal limits, we take care of the free replacement or repair of goods that have a defect that falls under the legal warranty. The Buyer must first demonstrate that the defects in the products are not caused by abnormal use.
- In order to make use of a guarantee, the Buyer must be able to present a proof of purchase or an invoice. Always keep this in a safe place. Warranties are non-transferrable. Any defect must be reported within 2 months from its detection. Afterwards, there is no right to repair or replacement.
- Pay Attention: We do not offer any warranty for defects caused by, among other things, accidents, worsening of the situation due to negligence, falls, use of the product in violation of the purpose for which it was designed, nonobservance of the washing or use instructions, heavy use, abnormal, commercial or incorrect use.
Article 12 - Force majeure
- In case of force majeur, Fine2Dine is not required to comply with its obligations. In that case it can either postpone its obligations for the duration of the force majeure or terminate the agreement all together.
- Force majeure consists of any circumstance beyond the control and will of Fine2Dine, which prevents it from fulfilling its obligations partially or in full. These include, but not only: strikes, fire, malfunctions in a (telecommunication) network or connection or used communication systems and/or if the website is not available at any moment in time, non or non-timely delivery of suppliers or other third parties involved
Article 13 - Intellectual Property
- The Buyer recognizes expressly that all rights and intellectual property rights of displayed information, announcements, or other expressions relating to products and/or the website are vested in Fine2Dine, its suppliers or other entitled parties.
- Intellectual property rights include patent, copyright, trademark, design and design rights and/or other (intellectual property) rights including whether or not patentable technical and/or commercial know-how methods and concepts.
- The Buyer is prohibited from making use and/or making changes to the intellectual property rights such as described in this article, such as reproduction without the express prior written consent of Fine2Dine, its suppliers, or other entitled parties, unless it is purely for private use of the product itself.
Article 14 - Complaint procedure
- Fine2Dine does all it can to satisfy its customers 100%. In the event that the Buyer still has a complaint about the service and/or products, he can contact Fine2Dine at [email protected]. We strive to solve complaints quickly. You can expect an answer within 14 days. As soon as we have investigated the matter in depth, we will contact you again to provide you with the solution.
- In addition to the internal complaint procedure for the webshop, you can always contact the European ODR platform at: http://ec.europa.eu/consumers/odr
Article 15 - Applicable law and competent court
- Belgian law is exclusively applicable on all offers and agreements.
The applicability of the Vienna Convention is expressly excluded.
- All disputes related or arising from Fine2Dine offers or agreements concluded with it, shall be submitted to the competent courts of Antwerp, unless a binding provision expressly designates a different competent court.
Article 16 - Miscellaneous
For any additional information or comments related to these General Conditions please contact Aerts NV at the following address: Aerts NV, 2440 GEEL, Herentalseweg 66, by e-mail: [email protected]
Article 17 - Sales and Promotions
- During periods of sales and promotions, the price appearing on the check out page is the applies.
- All discounts apply to the indicated products, for the duration of the period and as long as there is stock.
- In order to ensure that we can deliver your order to you, we need your data. We obviously carefully handle this personal data.
- Personal data include all data that can be traced back to you as an individual (your name, telephone number, address, e-mail address, IP address, chictableware.com customer number, ...). But also data that is unique for you, such as your Fine2dine.com order history or surfing behavior.
- Fine2dine.com processes the personal data of anyone who has (had) direct or indirect contact with Fine2dine.com, such as (business) clients and contact persons of partners. We will receive this personal data directly from you when you visit the website www.fine2dine.com, create an account and fill in certain information or when you contact the customer service. In some cases, we receive your data from others. When someone for example sends a gift directly to you, we receive your name and address data. We may also receive data from other parties, but only if you have given these parties permission to provide certain data to us.
- We process the following data from you: data for processing your order, data in your account, data about your contact with customer service.
- If you order something, we need certain data from you in order to be able to deliver your order and to keep you informed of your order. We also need data for any return orders or repairs.
- For the processing of your order, we collect the following data: your name, e-mail address, delivery address(s), payment data and telephone number. This data is required to carry out the agreement that you have concluded with us (or with one of our sales partners). Under the law, we must keep the data related to your order for 7 years. If you have not logged in on our website for 7 years, we will delete all your data. In addition, you can submit a request at any time to have your data deleted in your account.
- In your personal account we will save the following information you provide: your name, (delivery address, place of residence/address) address(es), telephone number, e-mail address, date of birth (if you have specified this), VAT number (if you have specified this), payment details, gift cards, your order history (including the chosen delivery options). In addition, the interests you specify are stored, such as your wish list and your e-mail preferences.
- Data about your contact with customer service can be collected through various channels: by telephone, e-mail, or messages via social media (Instagram, Facebook). We can help you faster next time by saving this data. We will do this as long as you are actively working with us.
- In order to help you optimally find what you are looking for, when you visit Fine2dine.com we collect your IP address, information about your internet browser, language settings and information about the settings of the operating system of the PC or the mobile device with which you visit our website.
- With a view to optimize our website, we also collect your search, click and buying behavior at Fine2dine.com. We use this data to map generic customer patterns.
- With a view to improve our services, and to ensure that they are even better aligned with what customers want, we can use your data to invite you for a no-obligation customer or market survey. Participation in such a survey is entirely voluntary. How long your data linked to the results of the customer or market research are stored, will vary per survey. As soon as the survey has been finalized, we will delete all data that can be traced back to you.
- If you participate in a (prize winning) promotion, we will ask you for data. We need this data to carry out the action and to announce the winners. We collect this data with your permission. Under the conditions of the (prize winning) promotion in question you can find out what your data is used for exactly and for how long we store it.
- In order to investigate, prevent and counteract unauthorized access and fraud, we use personal data (including IP addresses and search, surfing and buying behavior).
- The personal data you provide will be shared with logistic partners, other external service providers, the government and, only at your request, with other companies.
- We work together with logistics partners such as BPost. This partner will receive your name and delivery address from us. They need this information to deliver your package to the address you have chosen.
- We may also call on other external service providers to assist with a variety of issues (support in providing digital services, in customer service, in advertising and marketing campaigns, in conducting customer surveys, providing financial services, such as payment services, debt collection agencies and credit information agencies). In some cases they need personal data. We only share the data that is necessary for the order that the external service provider performs for us. We do not sell your data to these external service providers or other third parties. Moreover, we conclude agreements with each external service provider in which it is agreed what they can do with the personal data obtained.
- For example, it may happen that certain government agencies need the data for the carrying out of their duties (such as the Tax Authorities). In case of fraud or abuse, the police or judicial authorities may need certain data. In addition, certain supervisors can also gain access to personal data in the context of an investigation.
- Your data will be stored by us within the European Economic Area ("EEA").
- Fine2dine.com takes many measures, both organizationally and technically, to secure your personal data. Through strict access control, we ensure that your data is only accessible to employees who must necessarily use it. In addition, our security is regularly checked by experts. When transferring data to other parties (as mentioned above), we always require this party to handle the data just as carefully as we do.
- The services of Fine2dine.com are not aimed at children. The use of Fine2dine.com by customers under the age of 18 is only permitted with the explicit consent of a parent or guardian.
- You can exercise the following rights with regard to your data:
- Right to information
- Right of inspection
You have the right to request inspection of the data obtained from you that Fine2dine.com has at disposal at any time.
- Right to correction
You have the right to have your personal data corrected if they are incorrect or outdated and/or to be supplemented if they are incomplete.
- Right to object
You have the right to object to the processing of your data if you disagree with the way in which Fine2dine.com processes your personal data.
- Right to data portability
You have the right to receive data in a machine-readable format that you have given to us in the context of the agreement(s) you have concluded with us. This way you can store this data yourself in a database.
- Right to restriction
You have the right to request a restriction of the processing of your data. This means that we may store your data, but not use it.
- Right to be forgotten/request to delete account
You have the right to request us to delete all your personal data. When you submit such a request, we will delete the data that is traceable to you, except for the data that we must or may store on the basis of the law.
- Right to file a complaint
You have the right to file a complaint about how we handle your data. We gladly solve such complaints with you. You can file a complaint via e-mail (e-mail to [email protected]). Furthermore you also have the right to file a complaint with the Dutch Data Protection Authority.
- Right to information