Terms & Conditions
The Seller is manufacturer of products and services exclusively for consumers, marketed through its website (https://toughcookie.love). The list and description of the goods and services offered by the Company can be consulted on the above mentioned site as well as its sales pages.
ARTICLE 1 – OBJECT
These General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the online sale of Products and Services offered by the Seller.
ARTICLE 2 – GENERAL PROVISIONS
These General Terms and Conditions of Sale (GTS) apply to all sales of Products, or Services made through the Company’s website and are an integral part of the Contract between the Buyer and the Seller. The Seller reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The General Terms and Conditions of Sale then applicable are those in force on the date of payment (or the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company’s website at the following address: https://toughcookie.love/terms-conditions/ . The Company also ensures that their acceptance is clear and without reservation at the time of purchase. The Customer declares that he has read all of these General Terms and Conditions of Sale, and, where applicable, the Special Terms and Conditions of Sale related to a product or service, and accepts them without restriction or reservation. The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
ARTICLE 3 – PRICE
The prices of the products sold through the website are indicated in Euros and include VAT and all taxes, which are precisely determined on the Product description pages. They are also indicated in Euros, all taxes included (VAT + any other taxes) on the product order page, and excluding specific shipping costs.
Prices are deemed to be net and exclusive of shipping and handling charges, and do not include delivery and shipping costs. Customs duties or other local taxes or import duties or state taxes may be payable in certain cases. Such duties and amounts are not within the control of Seller. They will be charged to the Buyer and are its responsibility (declarations, payment to the competent authorities, etc.). The Seller invites the purchaser to obtain information on these aspects from the corresponding local authorities, and the Company reserves the right to modify its prices at any time in the future. The telecommunication costs necessary to access the Company’s websites are to be paid by the Customer. Where applicable, delivery costs are also covered by the customer.
ARTICLE 4 – CONCLUSION OF THE ONLINE CONTRACT
The Customer must follow a series of steps specific to each Product or Service offered for sale by the Seller in order to complete the order. However, the steps described below are systematic:
– Information on the essential characteristics of the Product and its allergens; – Choice of the Product, its options if any and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Terms and Conditions of Sale when the order is validated. – Verification of the elements of the order and, if necessary, correction of errors. – Follow-up of payment instructions, and payment of the products. – Delivery of the products. The Customer will then receive confirmation by e-mail of the payment of the order, as well as an acknowledgement of receipt of the order confirmation. For the products delivered, this delivery will be made to the address indicated by the Customer on the acknowledgement of receipt of the order confirming it. For the purposes of proper completion of the order, the Customer undertakes to provide his or her true identification details. The Seller reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
ARTICLE 5 – PRODUCTS AND SERVICES
The essential characteristics of the goods, services and their respective prices are made available to the buyer on the company’s website. The customer certifies that he has received a detail of the delivery charges as well as the terms of payment, delivery and execution of the contract. The Seller undertakes to fulfill the Customer’s order within the limits of available stocks only. Failing this, the Seller shall inform the Customer. This contractual information is presented in detail and in French or English language. In accordance with Belgium law, they are the subject of a summary and a confirmation when the order is validated. The parties agree that the illustrations or photos of the products offered for sale have no contractual value. The period of validity of the offer of the Products as well as their prices is specified on the sales pages of the Products, as well as the minimum duration of the proposed contracts when they relate to a continuous or periodic supply of products or services. Except in the case of special conditions, the rights granted hereunder are granted solely to the natural person signing the order (or the person holding the email address communicated). In accordance with the legal provisions regarding conformity and latent defects, the Seller shall reimburse or exchange defective products or products that do not correspond to the order. The refund can be requested by contacting the Seller by email or letter.
ARTICLE 6 – TERMS OF DELIVERY
The products are delivered to the delivery address that was indicated at the time of the order and the deadline indicated. This time does not take into account the time of preparation of the order. When the Customer orders several products at the same time, these may have different delivery times and be delivered in different ways. The Seller provides a contact email indicated in the order confirmation email in order to follow up on the order. The Seller reminds the Customer that when the Customer takes physical possession of the products, the risk of loss or damage to the products is transferred to the Customer.
The products offered on the Site being edible products, likely to deteriorate or expire quickly, the Customer does not have the right of withdrawal.
ARTICLE 7 – AVAILABILITY AND PRESENTATION
Orders will be processed within the limits of our available stocks or subject to the following conditions of the stocks available from our suppliers.
ARTICLE 8 – PAYMENT
Payment is due immediately upon ordering, including for pre-ordered products. The Customer may pay by credit card. The secure online payment by credit card is made by our payment provider Mollie (https://www.mollie.com/). The information transmitted is encrypted according to the rulebook and cannot be read during transport on the network. Once the payment is made by the Customer, the transaction is immediately debited after verification of the information. In accordance with the provisions of the Monetary and Financial Code, the commitment to pay given by card is irrevocable. By communicating its banking information at the time of the sale, the Customer authorizes the Seller to debit its card for the amount relating to the price indicated. The Customer confirms that he is the legal holder of the card to be debited and that he is legally entitled to use it. In the event of an error, or if it is impossible to debit the card, the Sale shall be immediately terminated by operation of law and the order cancelled.
ARTICLE 9: LIABILITY
Tough cookie products are in the original manufacturer’s packaging and are deemed to be fully known and accepted by the Client.
The Purchaser is informed that the Vendor’s liability, regardless of the nature of the damage, will, in any event, be limited to the amount of the order.
In the event of non-performance, the Seller’s liability shall not be engaged if the non-performance of the sales contract or its poor performance is attributable either to the Buyer, or to the unforeseeable and insurmountable act of a third party unrelated to the sale, or to a case of force majeure.
Moreover, the Seller cannot be held responsible for any damage whatsoever, direct or indirect, resulting from the use of the item sold.
The Seller is in no way responsible for interruptions of access to its site and the consequences that may result.
The Seller can never be held liable for any temporary or permanent damage or incident that would be caused to the data or computer equipment of the user during his access to the site or during the visit of its pages or generally during the transmission on his receiving device of the files and software that make up the site. In particular, the Seller is not responsible for the possible transmission of viruses through its site.
The Seller is not responsible for the fraudulent use of its means of distribution and declines all responsibility in the event of intrusion into its computer systems and data theft, it being understood that the Seller implements useful means to prevent such illicit intrusions.
The web spaces outside the domain of the address https://www.toughcookie.love and, in particular, the spaces to which the user can be directed by means of hypertext links are the sole responsibility of the owners of these web spaces.
ARTICLE 10 – INTELLECTUAL PROPERTY RIGHTS
The trademarks, domain names, products, software, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the seller. No transfer of intellectual property rights is made through these GCS. Any total or partial reproduction, modification or use of these goods for any reason whatsoever is strictly prohibited.
ARTICLE 11 – FORCE MAJEURE
The performance of the seller’s obligations hereunder shall be suspended in the event of the occurrence of an fortuitous event or force majeure that would prevent its performance. The seller shall notify the customer of the occurrence of such an event as soon as possible.
ARTICLE 12 – NULLITY AND MODIFICATION OF THE CONTRACT
If one of the stipulations of this contract were to be cancelled, such cancellation would not entail the cancellation of the other stipulations which will remain in force between the parties. Any contractual modification is valid only after a written and signed agreement of the parties.
ARTICLE 13 – GRDP AND PROTECTION OF PERSONAL DATA
The Buyer’s personal data are processed in accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. You have the right to question, access, modify, oppose and correct your personal data. By adhering to these general terms and conditions of sale, you agree that we collect and use this data for the performance of this contract. By entering your email address on one of the sites of our network, you will receive emails containing information and promotional offers concerning products published by the Company. You can unsubscribe at any time. To do so, simply click on the link at the end of our emails or contact the data controller (the Company). We track the number of visitors to all of our sites. To do so, we use tools such as Google Analytic. The Seller reserves the right to use the statistics provided by the questionnaires that customers will have filled out in order to improve its service and that of its partner brands.
This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations, and to enable Tough Cookie to improve and personalize the services offered and the information addressed.
The seller cannot be held responsible for the non-compliant management of personal data by third parties.
ARTICLE 14 – APPLICABLE LAW
All the clauses contained in the present general terms and conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to Belgian law and give jurisdiction to the courts of the judicial district of Brussels.