1 Scope of BonApero’s general terms and conditions and possibility to change these
(1) BonApero, established in Belgium is hereinafter referred to as “BonApero” or “we”. BonApero delivers, if necessary on the basis of a one-time purchase or subscription, meal boxes, and/or other (fresh) products, as well as gift vouchers and vouchers.
(2) These general terms and conditions apply to all agreements (including subscriptions and orders) that BonApero concludes with customers. The customers are hereinafter also referred to as the “consumers” or “you”.
(3) We reserve the right to change these general terms and conditions. Any intended changes will be communicated to you at least seven (7) days in advance. If you object to the changed conditions, you have the option to terminate the agreement by sending an e-mail to [email protected], or by using the contact options on our website, with due observance of §5 “Duration of the agreement and termination”. However, if you do not terminate the agreement and you continue to use our products or services from the announced effective date of the amended conditions, the latter will automatically apply to the agreement from that moment on.
2 Obligations of the customer
(1) All information that you communicate to BonApero at any time, for example during the ordering process, must be current and correct. Any abuse, such as orders placed illegally by third parties and the resulting claims, are fully at your expense. BonApero is not liable for any damage resulting from incorrect information and you indemnify BonApero against any third-party claims in this regard.
(2) The customer is obliged to carefully read and observe the product and operating instructions, as well as the warnings accompanying the products supplied. BonApero is not liable for any damage resulting from failure to follow the product and operating instructions and warnings and you indemnify BonApero against any third-party claims in this regard.
3 Offer, order and conclusion of the agreement
(1) Our offer contains the most complete and accurate description of the products and / or services offered. However, we cannot prevent material mistakes sometimes being made. Manifest errors in the offer do not bind BonApero.
(2) As a customer, you can place an order by completing and confirming the order form provided by BonApero. We will immediately electronically confirm receipt of your order. This confirmation does not automatically imply acceptance of the order. BonApero can accept the order by issuing a binding proof of acceptance or by sending the ordered products. Until then, BonApero can refuse the order at any time and without motivation. Only after acceptance of the order by BonApero is a right to delivery of the ordered boxes and/or to the provision of ordered services, for example, a gift voucher or catering service.
(3) Our offer is aimed at end-users in Belgium. The products ordered, such as our boxes, gift vouchers and other services, are not intended for resale. Therefore, only orders of household or company size are accepted.
(4) BonApero does not sell products to persons under eighteen (18) years of age.
4 Information about your legal right of withdrawal
(1) You can cancel the agreement within a period of fourteen (14) days without giving reasons. The withdrawal period starts on the day of receipt of the first BonApero box. To exercise your right, you must inform us of your decision to unilaterally withdraw from the contract (for example, in writing by post or by email). You can use the model form in point (5) below, but you are not obliged to do so. In order for the withdrawal period to be adhered to, it is sufficient for you to send your communication regarding the exercise of your right of withdrawal before the period expires.
(2) If you wish to exercise your right of withdrawal, you must pay for the box (s) that have already been delivered or ordered for you during these fourteen days by BonApero. BonApero always orders the products for your box (s) no later than two days before delivery. In other words, to cancel the order (and therefore the delivery and payment obligation) of the next box, you must exercise your right of withdrawal before the day of the order, as indicated in §7 “When to notify us” below.
(3) In case of withdrawal, you should not return the received box (s).
(4) If you wish to exercise your right of withdrawal, you can use the form below, as indicated in §4 (1).
MODEL FORM FOR WITHDRAWAL
Email: [email protected]
I / We (*) ____________________ share / share (*) hereby cancel the agreement concerning the sale of the following products / the provision of the following service (*) ____________________.
Ordered on (*) ____________________ / Received on (*) ____________________
Name / Names consumer (s) ____________________
Address consumer (s) ____________________
Signature of consumer (s) (only when this form is submitted on paper) ____________________, ____________________
(*) Strike out what does not apply.
5 Duration of the agreement and termination
(1) You can terminate your fixed-term or indefinite contract consisting of a subscription and the weekly delivery of BonApero boxes at any time, subject to what follows. BonApero always orders the products for your BonApero Box (s) no later than two days prior to delivery. If you terminate the agreement before 23:59 hours before the order day, you will no longer receive a BonApero Box. Your agreement will then be definitively terminated. To cancel the order (and thus the delivery and payment obligation) of the next BonApero Box, you must terminate the agreement before the order day, within the periods specified in § 7 “When to notify us”.
(2) You can terminate the agreement in the same way as it was concluded. In addition, you can always terminate the agreement via the customer service, by post or by email.
(3) A fixed-term contract is not tacitly renewed but ends upon expiration.
6 Delivery, delivery conditions, retention of title, transfer risk, interruption or suspension of delivery
(1) We always reserve the right to deliver only after payment of one hundred (100)% of the total amount of the order. You cannot invoke previous deliveries in this regard.
(2) We deliver in Brussels in the specified postcodes stated on our product/service page. If the agreement concerns a gift voucher, it will be sent by e-mail.
(3) Delivery takes place at the address you have designated as the delivery address in your customer account on our website. A change of address will result when you notify us until 23:59 hours 2 days before delivery.
(4) You must ensure that the personal delivery of the products to the delivery address specified by you is possible during the hours that you have confirmed to us. If the personal delivery is impossible for any reason, the customer is in default regarding acceptance and is only liable for all costs and damage resulting from it.
(5) If the personal delivery of the products is impossible, the agreement is fulfilled by placing the products at a neighbor or in front of the customer’s home. Delivery in this way is entirely at the risk of the customer and BonApero is not responsible for spoiling or disappearing or damage of products.
(6) When delivering an order containing alcohol (<15%), we always reserve the right to ask for a valid ID if there is any doubt about the age of the person to whom the order is issued. The age check applies in any case to persons up to 25 years of age. Valid identification documents include a national passport and a European identity card. If the minimum age requirement cannot be met, our delivery person is entitled to take back the order or not to hand it over.
(7) If the products have not been paid at the time of the personal delivery, we reserve the right of ownership until the amount due has been paid in full.
(8) You can suspend delivery of a BonApero Box at any time by placing it on hold. The notification of the suspension must be made before the day of the order, according to the modalities described in the next §7 “When to notify us”.
7 When to notify us?
To (i) exercise your right of withdrawal, as provided in §4, (ii) terminate your subscription, as specified in §5, or (iii) suspend a delivery, as specified in §6 (7), You must notify us at the latest:
– Wednesday before 23:59 for Saturday delivery;
– Thursday before 23:59 for Sunday delivery.
In the absence of notification at the aforementioned times, the products of your next box (s) will already have been ordered: You will receive them once and will be obliged to pay them.
8 Prices and shipping costs, payment and suspension right under BonApero
(1) Prices include VAT and shipping costs within Brussels unless stated otherwise.
(2) BonApero’s claims are immediately due and payable.
(3) For payment, you can only use the payment methods agreed and indicated in the order. You are obliged to pay within the agreed payment term.
(4) BonApero is entitled to adjust the prices at any time. We will notify You of the intended adjustment at least seven (7) days in advance. If you object to the changed price, you have the option to terminate the agreement by sending an email to [email protected] or to make use of the contact options via our website or our application, with due observance of §5 “Duration of the agreement and termination”. However, if you do not terminate the agreement and you continue to use our products and services from the announced effective date of our changed prices, then these will automatically apply to the agreement.
(5) BonApero is entitled to suspend the execution of the agreement, and in particular, the delivery of meal boxes as long as the customer has not (fully) fulfilled his payment obligations.
9 Vouchers, discount codes and gift vouchers
(1) BonApero offers gift vouchers, discount codes and other types of vouchers that must be activated by email in order for customers to receive BonApero products. Once the voucher has been redeemed via the website, it is no longer valid.
(2) Discount codes or vouchers only refer to new members or orders from BonApero. If you already placed your order or have a subscription, unfortunately, you cannot use the discount code or voucher.
(3) Also, note that some codes are only valid for a certain type of boxes. Finally, we carry out checks per user to prevent abuse of discounts. It is only possible to redeem a discount once per user.
(4) Discount codes and vouchers can only be redeemed once on the BonApero website. The discount codes and vouchers cannot be combined with other offers and cannot be exchanged for cash.
(5) BonApero has the right to withdraw or cancel discount codes and vouchers if it deems this necessary for any reason.
10 Liability of BonApero
(1) BonApero is only liable for material or physical damage suffered by the customer if it is the direct and exclusive result of a breach of BonApero’s obligation, or in the event of a serious or deliberate error by BonApero or its employees, with the following, it is understood that only that damage is eligible for compensation for which BonApero is insured, or should have been insured in reasonableness and fairness.
(2) Liability of BonApero for indirect and consequential damage, loss of profit or income, loss of savings, etc. is excluded.
(3) BonApero is in no way liable for any damage resulting from incorrect information provided by us and / or the loss of your password and you indemnify BonApero against any third-party claims in this regard.
(4) BonApero is not liable for any damage resulting from failure to follow BonApero’s product and operating instructions and warnings and you indemnify BonApero against any third-party claims in this regard.
(5) If you have chosen delivery to your neighbors, to the door of your home, or in any other way than the personal delivery, you bear all risks for this. BonApero is not responsible for spoiling or disappearing products, nor for the damage suffered by the customer.
(6) BonApero is not liable for damage resulting from force majeure, in particular strikes, illnesses, fire, disruptions at BonApero or its suppliers, transport problems, weather conditions, violence, riot, or action by the police or fire brigade. Force majeure also includes such unforeseen circumstances with third parties that BonApero calls upon to execute the agreement.
(7) The liability provisions in the preceding paragraphs also apply to the (personal) liability of BonApero’s organs, employees and auxiliary staff who can invoke them.
(1) We process your personal data when processing orders. To inform you about what happens with your data, we use a privacy statement that you can consult on our website.
12 Payment methods and automatic collection
(1) Payment for all our products and services is made by credit or debit card, or any other payment method specified on the payment page of our website.
(2) Orders are invoiced according to the payment method chosen by you.
(3) You must ensure that the information related to the payment method you have chosen is correct and current. We accept SEPA, bank cards, Visa, MasterCard, American Express, and PayPal.
(4) You grant Youssef Kamand (acting on behalf of BonApero) a Direct Debit mandate on your bank account.
(5) If you choose to pay via PayPal or credit card, the amount will be periodically debited from your PayPal or credit card account.
(6) It is your responsibility to ensure that sufficient funds are available when handling payment.
(7) If you dispute collection via Direct Debit referred to in §12 (4) or via PayPal or credit card as indicated in §12 (5), you can object to this according to the conditions agreed with your bank. Please contact your bank within eight (8) weeks following payment via Direct Debit. Ask your bank for the conditions.
(8) The lack of payment may be due to insufficient funds, incorrect or outdated payment details, or disputes. If we cannot make a payment via the payment method chosen by you, your order will still be able to be delivered and the purchase will be deemed to have taken place. In such cases, BonApero will try to make the payment again. We reserve the right to retry payment through the payment method of your choice in order to recover the outstanding amount.
(9) If such attempts remain unsuccessful, we reserve the right to recover the sums due in any other way, either directly or through a third party. In this case, we reserve the right to claim from you the extraordinary recovery costs thus incurred, in addition to the lump-sum damages stipulated in point (10) below.
(10) If you do not pay the sums due within a period of fourteen (14) days from their due date, You may be obliged to pay a fixed increase of € 3. In the absence of payment within a new period of 3 weeks, you may be obliged to pay an additional fixed increase of € 3. If payment is not made after a new period of 3 weeks, you may be obliged to pay an additional flat-rate increase of € 3, after which the sums due will be recovered through a third party.
13 Suspicion of fraud
(1) We reserve the right to examine the accounts for which we have valid reasons to suspect non-compliant or fraudulent practices.
(2) We reserve the right to stop your orders and / or close your Account following such investigation.
14 Applicable law, competent court and invalid provisions
(1) All agreements between BonApero and the customer to which these general terms and conditions relate are exclusively governed by Belgian law.
(2) All disputes arising from the agreement between BonApero and you as a customer will be adjudicated exclusively by the courts of Brussels.
(3) If a provision of these general terms and conditions or of the agreement is or will not be legally valid, the other provisions will remain valid. In that case, the invalid provision will be replaced by a new provision that corresponds as much as possible with the old provision in terms of content, scope, or objective.
15 Complaints policy
(1) Quality is of paramount importance at BonApero and we do everything we can to prevent complaints. You can send us an email with your complaint at [email protected].
(2) If you are not satisfied with the way we have handled your complaint, you can report it via the ODR platform of the European Commission. This is a platform set up by the EU for all consumers across Europe.
BonApero – August 2020