Bisous du Biscuit

GENERAL TERMS AND CONDITIONS

Bisous du Biscuit BV

Last updated: 23 July 2026

Article 1 - Definitions

For the purposes of these General Terms and Conditions, the following terms shall have the meanings set out below:

  • Bisous du Biscuit: the private limited company Bisous du Biscuit BV, having its registered office at Kievitenlaan 17, 8420 De Haan, Belgium, registered with the Crossroads Bank for Enterprises under number 1032.675.658 and with VAT number BE1032.675.658.
  • Consumer: any natural person acting for purposes outside his or her trade, business, craft or profession.
  • Professional Customer: any natural or legal person acting in the course of his or her trade, business, craft or profession.
  • Customer: the Consumer or Professional Customer entering into an agreement with Bisous du Biscuit.
  • Agreement: any agreement between Bisous du Biscuit and the Customer relating to the sale and delivery of Products, irrespective of the sales channel used.
  • Product(s): all food products offered by Bisous du Biscuit, in particular fresh and perishable cookies.
  • Webshop: the online sales environment of Bisous du Biscuit, accessible via www.bisousdubiscuit.be.
  • Delivery Area: the geographical area within which Bisous du Biscuit offers delivery at the time of the order, as stated on the website.
  • Delivery: the physical making available of the Products to the Customer or to a third party designated by the Customer.
  • In Writing: any form of communication recorded on a durable medium, including, without limitation, email, electronic communication via the Webshop, registered letter, ordinary letter, invoice, quotation, order form or any other written document issued by Bisous du Biscuit.
  • Mandatory Law: statutory provisions from which no contractual derogation is permitted, in particular provisions intended to protect Consumers.
  • Best-efforts Obligation: an obligation pursuant to which Bisous du Biscuit undertakes to make reasonable efforts without guaranteeing a specific result.
  • Force Majeure: any event or circumstance beyond the will and reasonable control of Bisous du Biscuit which prevents, in whole or in part, temporarily or permanently, the performance of its obligations and which cannot be attributed to Bisous du Biscuit.

Article 2 - Scope of Application

2.1 These General Terms and Conditions apply to all offers, orders and agreements between Bisous du Biscuit and the Customer, irrespective of whether the sale takes place via the Webshop, through a physical shop or in a B2B context.

2.2 These General Terms and Conditions shall prevail over any general or special terms and conditions of the Customer, even where such terms provide otherwise, unless expressly accepted in writing by Bisous du Biscuit.

In relation to Consumers, this applies only insofar as it does not prejudice provisions of mandatory consumer law.

2.3 Any derogation from these General Terms and Conditions shall be valid only if confirmed in advance and in writing by Bisous du Biscuit.

Article 3 - Identity of the Seller

Bisous du Biscuit BV

Registered office: Kievitenlaan 17, 8420 De Haan, Belgium

Production and sales address: Stationsstraat 34/GLV, 8420 De Haan, Belgium

CBE number: 1032.675.658

VAT number: BE1032.675.658

Email: hello@bisousdubiscuit.be

Telephone: +32 (0)456 95 20 99

Website: www.bisousdubiscuit.be

Article 4 - Product Information, Allergens and Food Safety

4.1 Bisous du Biscuit sells fresh, artisan cookies with a limited shelf life.

4.2 For each food product offered, the legally required product information shall be made available before the Agreement is concluded, in accordance with the applicable Belgian and European rules on food information to consumers, including Regulation (EU) No 1169/2011.

This product information is made available via the product pages on the website and includes, among other things and without limitation:

  • the name of the food product;
  • the list of ingredients, with clear indication of allergens;
  • the net quantity;
  • the storage and/or conditions of use;
  • the nutrition declaration;
  • the identity and contact details of the responsible food business operator.

To the extent permitted by law, the date of minimum durability or use-by date may be communicated at the latest upon Delivery.

The information stated on the website is provided in good faith and is as accurate and complete as possible.

The product information stated on the packaging of the delivered Product shall always constitute the most current and legally binding information.

4.3 Despite the precautions taken by Bisous du Biscuit, Products may contain allergens or traces of allergens present in the same production environment.

Customers with allergies, intolerances or other food sensitivities are requested to consult the available allergen information carefully and, where necessary, to contact Bisous du Biscuit in advance.

4.4 Minor deviations and natural variations in presentation, composition, colour, shape, weight or taste are inherent to artisan-made Products and shall not constitute a defect.

Where a net quantity or weight is stated on the website, this shall be an average or indicative weight insofar as permitted by law and always within the limits of the applicable labelling and tolerance rules.

Such deviations shall not give rise to cancellation, termination or compensation, provided that they do not affect the essential characteristics, food safety or statutory conformity of the Product.

4.5 Photographs and product descriptions are as accurate as possible but may differ slightly from the Product delivered.

Article 5 - Availability, Changes and Manifest Errors

5.1 Bisous du Biscuit is entitled to amend its product range at any time, including by temporarily or permanently discontinuing Products, replacing them with a functionally equivalent Product, or making limited changes to recipes, composition, weight or presentation, provided that such changes do not affect the essential characteristics of the Product and remain at all times in accordance with the applicable food safety and labelling legislation.

Such changes shall not give rise to termination of the Agreement or to any compensation.

In relation to Consumers, this applies only insofar as it does not prejudice mandatory statutory rights.

For already confirmed Consumer orders, changes to ingredients, allergens, composition or essential characteristics shall be applied only insofar as the Consumer is informed in good time and, where required by law, consents or is able to exercise his or her statutory rights.

5.2 Manifest errors or mistakes, including but not limited to obvious pricing errors, printing or typing errors, technical malfunctions or incorrect information on the website, shall not be binding on Bisous du Biscuit and shall not give rise to any obligation.

Article 6 - Prices

6.1 Consumers

All prices are expressed in euros and are the prices applicable at the time the order is placed.

In relation to Consumers, the stated prices include VAT and exclude any delivery charges or other additional costs, unless expressly stated otherwise.

6.2 Professional Customers

In relation to Professional Customers, the stated prices exclude VAT unless expressly stated otherwise.

6.3 Delivery charges, administrative costs or other additional costs

Such costs shall be clearly and separately stated before the order is completed, so that the Customer can take note of the total price before the Agreement is concluded.

Article 7 - Payment and Late Payment

7.1 Consumers

Orders placed by Consumers via the Webshop are payable immediately and in full at the time of ordering, using the payment methods offered by Bisous du Biscuit.

The order shall be processed only after full payment has been received.

If payment has not been received in Bisous du Biscuit's account no later than fourteen (14) calendar days after the order has been placed, the order shall lapse automatically and without prior notice, without Bisous du Biscuit being liable for any compensation.

7.2 Professional Customers

In relation to Professional Customers, all orders are payable in advance and in full, unless Bisous du Biscuit has expressly confirmed otherwise in writing.

As long as full payment has not been received, Bisous du Biscuit shall not be obliged to perform the order.

If payment has not been received in Bisous du Biscuit's account no later than fourteen (14) calendar days after the order has been placed, the order shall lapse automatically and without prior notice of default or notice, without Bisous du Biscuit being liable for any compensation.

7.3 Late payment - Professional Customers

In the event of non-payment by the due date, the Professional Customer shall automatically and without prior notice of default owe default interest of 12% per annum on the outstanding amount, with each month commenced being charged as a full month.

In addition, the Professional Customer shall automatically owe fixed compensation of 12% of the outstanding amount, with a minimum of EUR 100, without prejudice to the right of Bisous du Biscuit BV to prove greater actual loss.

All extrajudicial and judicial collection costs shall be borne in full by the Professional Customer.

7.4 Late payment - Consumers

In the event of late payment by a Consumer, Bisous du Biscuit shall act in accordance with Book XIX of the Belgian Code of Economic Law.

Bisous du Biscuit may charge interest, costs and compensation only within the limits and according to the procedure provided for by Mandatory Law.

Article 8 - Order and Formation of the Agreement

8.1 The placing of an order by the Customer shall constitute an offer to enter into an Agreement.

The Agreement shall be concluded only when Bisous du Biscuit:

  • expressly confirms the order; and
  • has received full payment in accordance with Article 7,

or when Bisous du Biscuit proceeds with the actual performance of the order.

Automatically generated confirmations or acknowledgements of receipt shall not constitute acceptance of the offer.

8.2 Before finally placing an online order, the Customer shall have the opportunity to identify and correct input errors.

8.3 Bisous du Biscuit reserves the right to refuse or cancel an order, without any obligation to pay compensation, including in the following cases, without this list being exhaustive:

  • manifest errors or mistakes;
  • technical malfunctions;
  • Force Majeure;
  • unavailability of Products;
  • non-compliance with payment terms;
  • other objectively justified reasons.

In relation to Consumers, this is without prejudice to their mandatory statutory rights.

Article 9 - User Accounts

9.1 Availability of user accounts

Bisous du Biscuit may offer the possibility of creating a personal user account on the Webshop.

A user account may provide access to, among other things:

  • order history;
  • saved delivery and billing details;
  • subscription management;
  • preferences and settings;

future functionalities made available by Bisous du Biscuit.

Bisous du Biscuit is not obliged to offer a user account and reserves the right to amend, restrict, suspend or discontinue this functionality at any time.

9.2 Creation of an account

An account is created on the basis of the information provided by the Customer.

The Customer undertakes to provide only accurate, complete and up-to-date information.

Bisous du Biscuit may refuse an account request if it reasonably considers that:

  • incorrect information has been provided;
  • fraud or abuse is involved;
  • the security of the Webshop is at risk;
  • legal or contractual reasons so require;
  • other objectively justified reasons exist.

9.3 Personal and non-transferable nature

A user account is strictly personal.

The account may not be sold, transferred, shared or made available to third parties without the prior written consent of Bisous du Biscuit.

Each Customer may use only an account created in his or her own name or, in the case of a Professional Customer, in the name of his or her business.

9.4 Accuracy and updating of data

The Customer is responsible for keeping all account details accurate, complete and up to date.

Changes relating to, among other things:

  • name;
  • address;
  • email address;
  • telephone number;
  • billing details;
  • delivery details;
  • payment details;

must be updated without delay.

Bisous du Biscuit cannot be held liable for damage, delays or errors arising from incorrect, incomplete or outdated information.

9.5 Security of login credentials

The Customer is responsible for keeping the following confidential:

  • user names;
  • passwords;
  • verification codes;
  • other authentication methods.

The Customer undertakes to take all reasonable measures to prevent unauthorised access to the account.

The sharing of login credentials with third parties takes place entirely at the Customer's own risk.

9.6 Responsibility for account use

All acts carried out via the account shall be deemed to have been performed by the Customer, unless proven otherwise.

Until the moment Bisous du Biscuit becomes aware of possible unauthorised use of the account, the Customer shall remain responsible for all activities carried out via the account.

9.7 Professional Customers

Where an account is created on behalf of a business, the user declares that he or she is authorised to act on behalf of that business.

The Professional Customer shall remain fully responsible for use of the account by its employees, representatives, staff members or other persons who obtain access to the account.

9.8 Prohibited use

It is prohibited to:

  • use third-party accounts;
  • use false identities;
  • create multiple accounts for fraudulent purposes;
  • circumvent security measures;
  • disrupt the operation of the Webshop;
  • use automated systems to create or manage accounts;
  • make any use that is contrary to the law, these General Terms and Conditions or the rights of third parties.

9.9 Modification of functionalities

Bisous du Biscuit reserves the right to amend, extend, restrict or remove user account functionalities at any time.

Such changes shall not give rise to any compensation.

In relation to Consumers, this applies only insofar as it does not prejudice mandatory statutory rights.

9.10 Suspension or blocking

Bisous du Biscuit may temporarily or permanently restrict, block or delete an account in the event of:

  • fraud;
  • abuse;
  • non-payment;
  • breach of these General Terms and Conditions;
  • security incidents;
  • incorrect information;
  • judicial or administrative obligations;
  • other objectively justified reasons.

Except in urgent circumstances, Bisous du Biscuit shall inform the Customer in advance.

9.11 Deletion of the account

The Customer may request that his or her account be deleted.

The deletion of an account shall not affect:

  • agreements already concluded;
  • orders already placed;
  • ongoing subscriptions;
  • outstanding payments;
  • statutory retention obligations;
  • tax or accounting obligations;
  • rights or obligations that have already arisen.

Bisous du Biscuit may delete inactive accounts where they have not been used for a prolonged period, subject to reasonable prior notice where practically possible.

9.12 Personal data

Personal data processed in connection with user accounts are governed by the privacy policy of Bisous du Biscuit.

The privacy policy contains further information on:

  • personal data processed;
  • purposes of processing;
  • legal bases;
  • retention periods;
  • rights of data subjects.

9.13 No guarantee of permanent availability

Bisous du Biscuit shall make reasonable efforts to keep user accounts available.

The account platform is, however, provided on the basis of a Best-efforts Obligation.

Bisous du Biscuit does not guarantee that:

  • the account platform will be permanently available;
  • access will be uninterrupted;
  • no technical malfunctions will occur.

Except in the event of wilful misconduct, gross negligence or Mandatory Law, Bisous du Biscuit cannot be held liable in this respect.

Article 10 - Subscriptions

10.1 Scope of application

Bisous du Biscuit may offer certain Products through a subscription formula under which Products are delivered to the Customer on a regular basis.

Unless expressly stated otherwise, these General Terms and Conditions apply in full to such subscription formulas, supplemented by the provisions of this Article.

In the event of any conflict between the provisions of this Article and other provisions of these General Terms and Conditions, the provisions of this Article shall prevail insofar as subscriptions are concerned.

10.2 Formation of the subscription

A subscription shall be formed only after:

  • the Customer has requested the subscription via the Webshop or another channel offered by Bisous du Biscuit;
  • the Customer has accepted the applicable terms;
  • the first payment has been successfully processed;
  • and Bisous du Biscuit has confirmed the subscription.

Bisous du Biscuit reserves the right to refuse a subscription request in accordance with Article 8 of these General Terms and Conditions.

10.3 Legal capacity

The Customer declares that he or she has the capacity to enter into an agreement in accordance with the applicable law.

If a minor takes out a subscription, Bisous du Biscuit shall be entitled to rely on the assumption that this is done with the consent of his or her parent(s) or legal representative(s), insofar as such consent is required by law.

The Customer remains solely responsible for the accuracy of the information provided.

10.4 Content of the subscription

The specific content of a subscription, including but not limited to:

  • the number of Products;
  • the composition;
  • the delivery frequency;
  • the delivery days;
  • the subscription price;
  • any minimum term;

shall be stated on the website or in the offer applicable at the time of registration.

At the time of this version, subscriptions are not yet actively offered.

When subscription formulas go live, the minimum term, notice period, automatic renewal, cut-off moments for amendment or termination, payment frequency and practical delivery arrangements shall, where applicable, also be clearly communicated before a subscription is taken out.

Bisous du Biscuit reserves the right to amend the content of subscriptions where this is reasonably necessary due to:

  • availability of ingredients;
  • seasonal factors;
  • production changes;
  • quality requirements;
  • food safety;
  • Force Majeure.

Such changes may not affect the essential characteristics of the subscription.

10.5 Payment

Subscriptions shall be paid according to the payment arrangements communicated when the subscription is taken out.

Where recurring payments are used, the Customer authorises the chosen payment service provider to charge the amounts due in accordance with the agreed frequency.

The Customer remains responsible for maintaining a valid payment method throughout the term of the subscription.

10.6 Failed or refused payment

If a payment cannot be made or is refused, Bisous du Biscuit may:

  • suspend delivery;
  • ask the Customer to use an alternative payment method;
  • temporarily block the subscription;
  • terminate the subscription if payment is not regularised within a reasonable period.

All resulting costs may be charged to the Customer insofar as permitted by law.

10.7 Change of address or delivery details

The Customer is responsible for timely updating all relevant details, including:

  • delivery address;
  • billing details;
  • contact details;
  • payment details.

Bisous du Biscuit cannot be held liable for consequences arising from incorrect, incomplete or outdated information.

10.8 Pausing the subscription

Insofar as Bisous du Biscuit offers this possibility, the Customer may temporarily pause a subscription in accordance with the arrangements stated on the website.

Bisous du Biscuit reserves the right to attach conditions to such temporary suspension.

10.9 Termination by the Customer

Unless expressly agreed otherwise or unless a minimum term has been provided for, the Customer may terminate the subscription at any time.

Termination shall take effect only for future deliveries.

Deliveries already made, payments already due and obligations already incurred shall remain payable.

If termination takes place after a delivery has already been put into production or scheduled for dispatch, that delivery may still be performed and charged.

10.10 Termination by Bisous du Biscuit

Bisous du Biscuit may terminate or suspend a subscription in whole or in part in the event of:

  • non-payment;
  • fraud;
  • abuse;
  • repeated refusal of deliveries;
  • incorrect information;
  • Force Majeure;
  • discontinuation of the relevant subscription formula;
  • other objectively justified reasons.

Except in cases of Force Majeure or urgent reasons, Bisous du Biscuit shall inform the Customer in advance.

10.11 Price changes

Bisous du Biscuit reserves the right to adjust the price of a subscription for future subscription periods.

Such price changes shall be communicated in advance.

If the price increase does not directly result from a statutory obligation or a change in taxes or levies, the Consumer shall have the right to terminate the subscription free of charge before the new price takes effect.

For Professional Customers, the adjusted price shall apply from the announced effective date.

10.12 Right of withdrawal for subscriptions

For Consumers, the statutory right of withdrawal shall apply in accordance with the Belgian Code of Economic Law insofar as it is applicable.

For deliveries of perishable goods or goods with a limited shelf life, the exception provided for in Article VI.53, §1, 10° of the Belgian Code of Economic Law shall apply.

No right of withdrawal exists for Products already delivered.

10.13 Applicability of the remaining provisions

All other provisions of these General Terms and Conditions, including provisions on:

  • delivery;
  • liability;
  • complaints;
  • Force Majeure;
  • privacy;
  • applicable law;

shall continue to apply in full to subscriptions, unless expressly provided otherwise in this Article.

Article 11 - Delivery and Transfer of Risk

11.1 Delivery

Products shall be delivered by an external courier service to the delivery address provided by the Customer, within the Delivery Area offered by Bisous du Biscuit.

The Delivery Area is currently limited to Belgium. Delivery to neighbouring countries may be offered at a later stage once this is expressly stated on the Webshop.

Delivery is currently carried out by QLS or another logistics partner designated by Bisous du Biscuit.

The indicative delivery period is usually one (1) to three (3) working days after acceptance of the order and payment, unless stated otherwise for the Product or during checkout. Bisous du Biscuit aims to provide next-day delivery where practically possible, without this being regarded as a guaranteed obligation to achieve a specific result.

The specific delivery days, estimated delivery periods, any cut-off times, delivery restrictions, variable delivery charges and practical delivery arrangements shall be clearly communicated on the Webshop before the order is completed.

The Customer is fully responsible for providing a correct, complete and up-to-date delivery address.

Bisous du Biscuit is not obliged to verify or check the delivery address provided by the Customer.

In the event of an incorrect, incomplete or wrongly provided delivery address, Bisous du Biscuit cannot be held liable for non-delivery or late delivery of the Products, nor for any resulting loss, damage or spoilage.

All resulting costs, delays or damage shall be borne entirely by the Customer.

11.2 Delivery periods

Stated delivery periods are purely indicative and constitute a Best-efforts Obligation, having regard to the perishable nature of the Products and the dependence on external courier services.

In relation to Professional Customers, exceeding a delivery period shall not give rise to termination of the Agreement or to any compensation.

In relation to Consumers, this is without prejudice to the mandatory statutory rights relating to delivery in consumer sales.

11.3 Collection

If Bisous du Biscuit offers the possibility of collecting Products, the Customer undertakes to collect the Products at the agreed time.

Collection is possible at a time chosen by the Customer and confirmed by Bisous du Biscuit at the shop/workshop at Stationsstraat 34/GLV, 8420 De Haan, Belgium.

In the event of late collection, the Customer shall bear the risk of quality loss resulting from the delay, provided that Bisous du Biscuit has stored the Products in accordance with the applicable food safety standards.

11.4 Transfer of risk

In relation to Consumers, the risk of loss, damage or spoilage of the Products shall pass at the moment of actual delivery to the Consumer or to a third party designated by the Consumer, in accordance with mandatory consumer law.

In relation to Professional Customers, the risk shall pass at the moment the Products are handed over by Bisous du Biscuit to the courier service, unless agreed otherwise in writing.

11.5 Customer's absence upon delivery

If the Customer is absent upon delivery, the delivery shall be deemed to have been duly performed where the courier service has delivered the Products:

  • in accordance with the delivery instructions provided by the Customer; or
  • in accordance with the usual delivery practices and internal procedures of the courier service, including, without limitation, by leaving the Products at the door, delivering them to a neighbour, delivering them to a pick-up point or by an equivalent method of delivery.

In relation to Consumers, this applies only insofar as the relevant delivery method has been expressly chosen, accepted or authorised by the Consumer.

From that moment, the Customer shall bear the risk of loss, damage or quality loss of the Products, taking into account their perishable nature.

Bisous du Biscuit cannot in such case be held liable for quality loss arising after delivery has been performed in accordance with this Article.

Article 12 - Delivery by External Courier and Transport Damage

12.1 External courier service

Products are delivered through external courier services acting as independent third parties.

Bisous du Biscuit is not liable for delays, errors or omissions attributable solely to such courier services, except to the extent Mandatory Law provides otherwise or where the damage results from a breach attributable to Bisous du Biscuit.

12.2 Duty to inspect and notification periods

The Customer must inspect the Products as soon as possible upon receipt, taking into account the perishable nature of the Products and the limited duration of any chilled conditions during transport.

Visible transport damage, damage or missing Products must be reported:

By Consumers:

  • as soon as possible after receipt and after discovery of the problem, taking into account the nature of the Products, without prejudice to their statutory rights;

By Professional Customers:

  • immediately upon delivery and in any event no later than twenty-four (24) hours after delivery, In Writing.

Failing timely notification by a Professional Customer, the delivery shall be deemed conforming and accepted, unless proven otherwise.

For Consumers, late notification may be taken into account when assessing the cause, extent and determination of the alleged damage or quality loss, insofar as this does not prejudice their mandatory statutory rights.

Bisous du Biscuit cannot be held liable for quality loss resulting from late inspection, late notification or incorrect storage after Delivery.

12.3 Limitation of liability for transport damage

In the event of timely reported and justified transport damage, the liability of Bisous du Biscuit shall be limited, at its option, to:

  • replacement of the relevant Product; or
  • refund of the amount paid for the relevant Product.

This limitation is without prejudice to the mandatory rights Consumers have under applicable consumer law.

Article 13 - Right of Withdrawal

13.1 Consumers

In accordance with Article VI.53, §1, 10° of the Belgian Code of Economic Law, the right of withdrawal is excluded for the delivery of perishable goods or goods with a limited shelf life, including the fresh Products offered by Bisous du Biscuit.

For such Products, the Consumer may not withdraw from the Agreement.

If Bisous du Biscuit were to offer Products in the future for which no statutory exception to the right of withdrawal applies, the statutory provisions on withdrawal shall continue to apply in full to such Products.

Where a single order includes both Products for which the right of withdrawal is legally excluded and Products for which the right of withdrawal does apply, the Consumer shall be clearly informed thereof before the Agreement is concluded.

13.2 Professional Customers

Professional Customers do not have a right of withdrawal and may not cancel an order once placed, unless otherwise agreed in writing.

Article 14 - Conformity, Complaints and Returns

14.1 Consumers

The Consumer benefits from the statutory conformity rights provided for in the Belgian Code of Economic Law.

Without prejudice to these rights, the Consumer must report any complaints as soon as possible after discovery and within a reasonable period, having regard to the perishable nature of the Products, via hello@bisousdubiscuit.be.

This notification obligation does not prejudice the statutory rights of the Consumer.

Complaints relating solely to quality loss resulting from:

  • late inspection;
  • incorrect storage;
  • incorrect use; or
  • failure to comply with communicated storage instructions,

shall not give rise to any liability on the part of Bisous du Biscuit.

14.2 Professional Customers

Professional Customers must inspect the Products immediately upon delivery, having regard to their perishable nature.

Visible defects identified during this immediate inspection must be notified to Bisous du Biscuit In Writing without delay and in any event no later than twenty-four (24) hours after delivery.

Defects not identified during the immediate inspection, or which only become apparent afterwards, shall, unless proven otherwise, be deemed to have arisen after delivery and shall not give rise to any liability on the part of Bisous du Biscuit.

Failing timely notification, the Products shall be definitively accepted.

14.3 Handling of complaints

In the event of a timely reported and justified complaint, Bisous du Biscuit may, at its option:

  • replace the relevant Product; or
  • refund the amount paid for the relevant Product.

This arrangement is without prejudice to the mandatory rights Consumers have under applicable consumer law.

Returns of Products are not permitted, except:

  • with the express prior written consent of Bisous du Biscuit;
  • where required by law; or
  • where return is necessary in the context of a recall or safety measure.

Article 15 - Liability

15.1 General

Bisous du Biscuit shall not be liable for damage that cannot be attributed to it, including damage resulting from, without limitation:

  • incorrect or inadequate storage;
  • improper, careless or inappropriate use;
  • failure to comply with storage and use instructions communicated by Bisous du Biscuit;
  • late or incomplete inspection of the Products;
  • external factors, acts of third parties or circumstances beyond the reasonable control of Bisous du Biscuit.

This exclusion applies irrespective of whether the damage occurs before, during or after Delivery, insofar as it does not result from an attributable breach by Bisous du Biscuit.

15.2 Liability towards Consumers

In relation to Consumers, the liability of Bisous du Biscuit is limited to direct and immediate damage resulting from an attributable contractual breach by Bisous du Biscuit.

This limitation shall not apply in the event of:

  • wilful misconduct or gross negligence by Bisous du Biscuit;
  • death or personal injury;
  • product liability; or
  • any other liability that cannot be excluded or limited under Mandatory Law.

15.3 Liability towards Professional Customers

In relation to Professional Customers, the total contractual and non-contractual liability of Bisous du Biscuit, irrespective of the legal basis, shall be limited to the invoice amount of the relevant order.

Bisous du Biscuit shall in no event be liable for indirect loss, including, without limitation:

  • loss of profit;
  • loss of turnover;
  • loss of customers;
  • reputational damage;
  • consequential loss,

to the extent permitted by law.

This limitation shall constitute an absolute and cumulative maximum for all damage events arising from the same order.

Article 16 - Force Majeure

16.1 Examples of Force Majeure (non-exhaustive)

The following shall be regarded as cases of Force Majeure, among others and without limitation:

  • war, armed conflicts, terrorist attacks or the threat thereof;
  • international sanctions, embargoes or trade restrictions;
  • natural disasters, extreme weather conditions or flooding;
  • fire, explosion, pandemics or epidemics;
  • strikes, lock-outs or labour disputes;
  • failure of electricity, internet, refrigeration systems, production equipment or transport systems;
  • delays, errors or shortcomings by suppliers or courier services;
  • government measures or the absence, withdrawal or delay of required permits;
  • unexpected scarcity or quality problems affecting raw materials or essential ingredients.

16.2 Consequences of Force Majeure

In the event of Force Majeure, the obligations of Bisous du Biscuit shall be suspended automatically for the duration of the Force Majeure situation, without any notice of default or prior notice being required.

If the Force Majeure situation is permanent or of such a nature that further performance of the Agreement cannot reasonably be expected, Bisous du Biscuit shall be entitled to terminate the Agreement automatically, in whole or in part, without any obligation to pay compensation.

In relation to Consumers, this is without prejudice to their mandatory statutory rights.

16.3 No liability

Bisous du Biscuit shall not be liable for any damage arising from the non-performance, late performance or incomplete performance of its obligations as a result of a Force Majeure situation, except insofar as Mandatory Law provides otherwise.

Article 17 - Recall and Product Safety

17.1 Self-checking and traceability

Bisous du Biscuit operates in accordance with a self-checking system compliant with the requirements of the Federal Agency for the Safety of the Food Chain (FASFC) and applies a batch traceability system for its Products.

17.2 Product recall

In the event of actual or possible product unsafety, quality deviation or non-conformity, whether on its own initiative or by order of a competent authority, Bisous du Biscuit may decide to carry out a product recall.

17.3 Cooperation by the Customer

The Customer undertakes to cooperate immediately and fully in the event of a recall.

Professional Customers in particular undertake to:

  • immediately cease sale or distribution;
  • store affected Products separately;
  • refrain from further trading affected Products;
  • provide all relevant information regarding purchasers, stock and batch numbers;
  • strictly follow the instructions of Bisous du Biscuit and/or competent authorities.

17.4 Liability and costs

  • If the need for a recall results, in whole or in part, from an act or omission of the Customer, including:
  • incorrect storage;
  • repackaging;
  • relabelling;
  • sale after expiry date;
  • failure to comply with instructions;

the resulting costs and consequences shall, to the extent permitted by law and in proportion to the attributable fault, be borne by the Customer concerned.

Article 18 - Indemnity by Professional Customers

The Professional Customer shall fully and unconditionally indemnify Bisous du Biscuit against all claims, demands, damage, costs and fines of third parties, including consumers, businesses and public authorities, arising directly or indirectly from or connected with:

  • incorrect, insufficient or non-compliant storage of the Products;
  • sale, delivery or distribution of Products after the use-by date or date of minimum durability;
  • repackaging, relabelling or any modification of the Products or their presentation;
  • the provision of incorrect, incomplete or misleading information by the Professional Customer to third parties;
  • non-compliance by the Professional Customer with statutory obligations relating to food safety, labelling or traceability.

This indemnity also includes all reasonable costs incurred by Bisous du Biscuit, including but not limited to:

  • legal assistance;
  • administrative costs;
  • defence costs;
  • amicable settlement;
  • court proceedings.

Article 19 - Retention of Title and Credit Restriction

19.1 Retention of title

In relation to Professional Customers, all delivered Products shall remain the exclusive property of Bisous du Biscuit until all amounts due have been paid in full, including principal, interest and costs.

19.2 Credit restriction and right to deliver

Given the perishable nature of the Products, Bisous du Biscuit reserves the right, without prior notice of default:

  • to suspend performance of an order in whole or in part;
  • to require additional security;
  • to deliver only after advance payment,

where it has justified reasons to do so, including doubt as to the solvency or payment discipline of the Customer.

19.3 Limited practical scope for perishable Products

The Customer expressly acknowledges that, having regard to the limited shelf life of the Products, retention of title mainly constitutes a legal protection mechanism and does not guarantee effective repossession, resale or recovery of value of the Products in the event of, among other things, non-payment, insolvency or bankruptcy of the Customer.

19.4 Resale before payment (Professional Customers)

If a Professional Customer resells the Products before full payment, such resale shall take place for its own account and risk.

In that case, the Professional Customer shall automatically assign to Bisous du Biscuit its claim against its purchaser for payment of the resold Products up to the amount outstanding, insofar as permitted by law.

Article 20 - Intellectual Property and Protection of Content

20.1 Rights

All intellectual property rights, including but not limited to copyright, trade mark rights, design rights and database rights, relating to all texts, images, photographs, logos, house style, designs, recipes, product names, product information, allergen information and other content used or made available by Bisous du Biscuit, belong exclusively to Bisous du Biscuit or its lawful licensors.

20.2 Prohibition of unauthorised use

The Customer and any third party are not permitted, without the prior express written consent of Bisous du Biscuit, to copy, reproduce, distribute, make public, modify or commercially exploit such content, in whole or in part, in any form or through any channel whatsoever.

20.3 Protection against automated extraction and reuse

The use of automated systems, including but not limited to bots, crawlers, spiders, scrapers, AI systems, data-mining software or similar technologies, to collect, copy, analyse or reuse all or part of Bisous du Biscuit's content or data is expressly prohibited without prior written consent.

This prohibition also applies to publishing, integrating, repackaging or offering such data on external platforms, marketplaces, comparison websites or other commercial or non-commercial environments, as well as to creating derivative databases, product listings or offers based on such data.

20.4 Disclaimer of liability for unauthorised reuse

Any unauthorised copying, publication or dissemination of information from Bisous du Biscuit shall take place entirely at the own risk of the third party concerned.

Bisous du Biscuit expressly disclaims any liability for:

  • errors, omissions or inaccuracies in information copied or reused by third parties;
  • consumer confusion, reputational damage or claims arising therefrom;
  • any damage caused by reliance on information sources not authorised by Bisous du Biscuit.

20.5 Enforcement

Bisous du Biscuit reserves the right to demand immediate cessation of use, removal of unlawfully published content and, where appropriate, compensation, and to notify third parties and their service providers, including hosting providers and platform operators, thereof.

Article 21 - Evidence

Unless proven otherwise, electronic communications, order confirmations, invoices, payment data, delivery information, emails, digital logs, website data and other electronic data carriers created or received by Bisous du Biscuit shall constitute valid evidence of:

  • the existence and content of the Agreement;
  • the orders placed;
  • performance of the Agreement;
  • payment and delivery of the Products.

The Customer expressly accepts that such electronic data may have the same evidential value as written documents, without prejudice to the Customer's right to provide evidence to the contrary in accordance with Mandatory and/or applicable law.

Article 22 - Transfer of Rights and Obligations

22.1 Bisous du Biscuit is entitled to transfer, in whole or in part, its rights and obligations arising from the Agreement to a third party in the context of restructuring, transfer of activities, merger, acquisition or other forms of reorganisation, without the Customer's consent being required.

22.2 The Customer may not transfer his or her rights and obligations under the Agreement to a third party without the prior written consent of Bisous du Biscuit.

In relation to Consumers, any transfer by Bisous du Biscuit shall apply only insofar as it does not prejudice their mandatory statutory rights and, where required by law, subject to prior information being provided to the Consumer.

Article 23 - Term and Termination

The Agreement between Bisous du Biscuit and the Customer is concluded separately for each individual order and applies only for the period necessary to perform that order.

The Agreement shall not qualify as a continuing agreement or framework agreement and shall not create any obligation to place or accept future orders or deliveries.

After full performance of the order, the Agreement shall end automatically and without any formality.

Termination or performance of the Agreement shall not affect provisions which by their nature are intended to continue to have effect thereafter, including but not limited to provisions relating to:

  • liability;
  • intellectual property;
  • evidence;
  • indemnity;
  • retention of title;
  • confidentiality;
  • applicable law;
  • competent court;
  • recall and product safety.

Such provisions shall remain in force for as long as necessary for their purpose or for as long as they may have legal effect.

Article 24 - Price Revision

24.1 Grounds for price revision

Bisous du Biscuit reserves the right to amend or revise its prices in the event of objective economic or operational circumstances affecting the cost price of its Products.

The following may give rise to a price adjustment, among other things and without limitation:

  • increases in raw material prices;
  • increases in energy prices;
  • increases in transport or logistics costs;
  • changes in wages, social security contributions or labour costs;
  • changes in taxes, levies or other statutory charges;
  • changes imposed by legislation or government measures;
  • exceptional market conditions;
  • indexations or comparable economic parameters.

24.2 Consumers

Price revisions shall apply only to future orders.

The price communicated to the Consumer at the time the order is placed and confirmed by Bisous du Biscuit in accordance with Article 8 shall remain applicable to that order.

Price changes shall not affect agreements already confirmed, except where a change results from a statutory obligation or a mandatory provision of public order.

If such statutory obligation were to lead to a price change after conclusion of the Agreement but before Delivery, the Consumer shall be informed thereof as soon as possible.

In such case, the Consumer shall retain the rights granted to him or her under mandatory consumer law.

24.3 Professional Customers

Price changes shall apply only to future orders, quotations or agreements that have not yet been definitively confirmed.

Unless otherwise agreed in writing, Professional Customers may not rely on previous price lists, quotations or commercial terms for future orders.

Orders already confirmed shall remain subject to the price applicable at the time of confirmation.

Article 25 - Privacy and Data Protection

Bisous du Biscuit processes personal data in accordance with the General Data Protection Regulation (GDPR) and the applicable Belgian privacy legislation.

Bisous du Biscuit acts as controller for the processing of personal data carried out in the context of its activities.

Personal data may be processed, among other things, for:

  • processing and performing orders;
  • customer management;
  • invoicing;
  • delivery of Products;
  • following up questions and complaints;
  • compliance with statutory obligations;
  • security of the website;
  • direct marketing, insofar as permitted by law.

Bisous du Biscuit takes appropriate technical and organisational measures to protect personal data against loss, misuse, unauthorised access or any other form of unlawful processing.

Further information on how personal data are collected, used, retained, shared and protected, as well as on the rights of data subjects, is set out in the privacy policy of Bisous du Biscuit.

The privacy policy does not form an integral part of these General Terms and Conditions but may be consulted via the website of Bisous du Biscuit.

Article 26 - Severability

If one or more provisions of these General Terms and Conditions should prove to be wholly or partly null, void, invalid, unenforceable or contrary to a provision of Mandatory Law, this shall not affect the validity and enforceability of the remaining provisions.

The relevant provision shall be disapplied only to the extent necessary to remedy the nullity, invalidity or unenforceability.

The parties undertake to replace the relevant provision with a valid and enforceable provision that approximates as closely as possible the economic, commercial and legal purpose of the original provision.

If replacement proves impossible, the remaining provisions shall remain fully in force.

Article 27 - Language and Interpretation

These General Terms and Conditions have been drawn up in Dutch.

Bisous du Biscuit may have these General Terms and Conditions translated into one or more other languages for commercial, informational or operational purposes.

Such translations are made available solely for convenience and information.

In the event of differences, contradictions, interpretation issues or deviations between the Dutch-language version and a translated version, the Dutch-language version shall prevail, insofar as this is compatible with applicable law and the mandatory rights of Consumers.

Headings, chapters and numbering are included solely to improve readability and shall not affect the interpretation of the content of the provisions.

Article 28 - No Waiver

The failure, delay or partial exercise by Bisous du Biscuit of any right, remedy, power or contractual benefit shall not be regarded as a waiver of that right, remedy, power or benefit.

Partial exercise of a right shall likewise not prevent any later or further exercise thereof.

No conduct, practice, tolerance or silence on the part of Bisous du Biscuit may be interpreted as a waiver of rights.

A waiver shall be valid only if expressly, unequivocally and in writing confirmed by an authorised representative of Bisous du Biscuit.

Article 29 - Applicable Law and Competent Court

All offers, orders, agreements and legal relationships between Bisous du Biscuit and the Customer shall be governed exclusively by Belgian law.

29.1 Disputes with Consumers

Disputes with Consumers shall be submitted to the competent court in accordance with the mandatory provisions of the Belgian Code of Economic Law, the Belgian Judicial Code and any other applicable consumer law.

Nothing in these General Terms and Conditions is intended to deprive the Consumer of rights or protection mechanisms granted to him or her under Mandatory Law.

Consumers may also obtain information on out-of-court dispute resolution through the Consumer Ombudsman Service or through the competent Belgian authorities, without prejudice to their right to bring proceedings before the competent court.

29.2 Disputes with Professional Customers

Disputes with Professional Customers shall in the first instance be discussed with a view to reaching an amicable solution.

The parties undertake to make reasonable efforts for a period of ten (10) calendar days after written notification of the dispute to reach an amicable settlement.

If no amicable solution is reached within that period, all disputes shall fall within the exclusive jurisdiction of the Ghent Business Court, Bruges division, or, if that court lacks subject-matter jurisdiction, the other competent courts of the judicial district of West Flanders, Bruges division.

Bisous du Biscuit nevertheless reserves the right to summon a Professional Customer before any other court with territorial jurisdiction in accordance with the applicable law.

Article 30 - Amendments to the General Terms and Conditions

Bisous du Biscuit reserves the right to unilaterally amend, supplement or update these General Terms and Conditions.

The amended General Terms and Conditions shall apply only to new offers, orders and agreements concluded after the effective date of the amendment.

The most recent version of the General Terms and Conditions can always be consulted on the website of Bisous du Biscuit and shall constitute the only applicable version.