§ 1 AREA OF APPLICATION, GENERAL OBLIGATIONS OF THE APPLICANT/BUYER, ALTERATION OF THE TERMS AND CONDITIONS

1. For all current and future orders made by you (henceforth known as 'buyer') Gustor bv (henceforth known as 'us' Zeelaan 205, 9670 Koksijde, business number: BE0754.956.146) Terms and Conditions are applied exclusively (henceforth known as 'TC').
2. All information provided by the buyer during the ordering process must be correct and up to date, Your password may not be passed on to a third party, it must be kept safely and shielded from unauthorised acces, in case of loss or in case the buyer has passed it on to a third party we must be notified in writing. In case of misuse eg. every illegitimate order using the buyers password by a third party, the buyer will be held accountable in accordance with applicable laws.   
3. We reserve the right to alter these TC after the following developments. These intended alterations will be made public on beforehand and the buyer will be notified of his right to appeal these changes. The alterations will be seen as accepted in case of no appeal within the first two months after the notice of alteration or in case the buyer continues to use the site http://www.gustor.be . If the applicant decides to make an appeal we reserve the right to cancel the buyers orders.

 

§ 2 CONTRACT CANCELLATION; NON-BINDING INFORMATION, DELIVERY QUANTITIES AND RESTRICTIONS

1. Our selection contains a complete and accurate descreption of the offered products and/or services. the descreption is adequatly detailed to ensure a good assesment of our offered selection by the consumer. If we use any images these are realistic depictions of the offered products and/or services. Evident mistakes or errors in the offered selection do not bind the entrepeneur. The images of fresh meat have been taken of individual animals. Logically the meat of other animals can differ from the shown image.
2. A valid buyerscontract between Gustor Meat Boutique and the buyer by the acceptance of the order by Gustor Meat Boutique will be sealed as followed. The buyer can, by fully filling in and confirming the offered order-form by Gustor Meat Boutique, place a valid and binding order. Gustor Meat Boutique can accept this order by sending the ordered products. Untill that moment Gustor Meat Boutique can at any moment without offering a reason refuse to accept the order. We will immediately electronically confirm the receipt of your order. This confirmation does not automatically imply a binding acceptance of the buyers order.
3. Our selection is intended for the end users in the Benelux end Germany en the ordered products, respectively the ordered gift card(s) are not intended for resale. This is why we only accept offers of domestic size.
4. The content of this website, including logos, lay-out, illustrations, images, pictures, videoclips, audioclips, calculations, plans digital downloads and software is and will be our exclusive property.

 

§ 3 INFORMATION CONCERNING LEGAL RECALLING-RIGHTS FOR USERS, AGREEMENT CONCERNING RETURNFEES

The buyer has the right to, within a term of 14 days without supplying a reason, recall the order made. This right consequently does not include perishable goods delivered within the term of 14 days as agreed by the buyer.

 

§ 4 Shipment; delivery conditions; reservation of propertyright; transferrisks

1. We reserve the right to only deliver the ordered products after the full amount has been paid. Requesting an earlier delivery is not possible.
2. We deliver everywhere in the Benelux and in Germany (few exceptions). If the buyersagreement concerns a giftvoucher, it will be deliverd by email. This email will include a code which will be able to be used by the beneficiary only once. Gustor Meat Boutique is not responsible for illegitimate use of this code by third parties. The beneficiary of this code needs to be carefull and discreet with the use of this code to not give third parties an opportunity to gain acces to this code.
3. We will deliver the ordered goods at the adress provided by the buyer in his personal account, or provided in 'Your order' on our website as delivery adress.
4. The buyer is obliged to be sure that the personal delivery of the ordered goods at the given adress will be possible. In case the delivery is not possible the buyer will be held accountable for the failed delivery.
5. If the personal delivery of the ordered goods is not possible, the agreement can be fulfilled by offering the goods to neighbours. The responsability of Gustor Meat Boutique stops with the first offering at the providid adress.
6. If it is not possible to the deliver the ordered goods to the neighbours, the goods will be offered again the next day. As said before Gustor Meat Boutique is no longer responsible for the temperature of the goods but one can assume the goods are still edible though not longer suited for long conservation.
7. The meat is specially wrapped in insulation material for the transport. In our packaging we add cooling elements to keep the meat cooled at the correct temperature during transportation because of this specially develloped packaging there is no need for a cooled transport. We transport our meat vacuum sealed which ensures the safety and hygene of the products during transportation. The combination of insulation and cooling ensures the excellent condition of the meat during transportation.

 

§ 5 Prices ; validity; payment; billing; right of withdrawal, weightguarantee

1. Prices are tax included. 
2. The claims made by Gustor Meat Boutique are, with exception of a legal recalling, immediately valid.
3. Concerning payment one can only use the payment method chosen from our selection during the order.
4. The buyer can only be compensated if your claim to recall has been qualified as legal or if your claim has not been dealt with by us.To practise your right of recalling the buyer is only authorised in case your claim concerns the same contractual relation. 
5. The Seller’s liability for failing to comply with their contractual obligations cannot be invoked in the event of coincidental circumstances or force majeure. Force majeure includes, but is not limited to: national or local emergency situations, actions or negligence by the government, actions by employees (including strikes and lock-outs), bugs in third-party software, disruptions in the communications (including telecommunications) network and actions or negligence by third parties beyond the reasonable control of the Seller (such as a strike at transport or mail-order companies that results in a late delivery to the Buyer); The full liability of the Seller is limited exclusively to any direct damages, which in each instance is limited to the purchase price of the Product (excl. services), with a cap of €250. The Seller is in no way liable for any indirect damage, such as but not limited to a loss of use or enjoyment, loss of opportunity, emotional damage, administrative costs, wasted time or any other form of indirect damage that could not be foreseen at the time you purchased the Product. This limitation of the Seller’s liability towards the Consumer does not apply in the event of wilful misconduct or gross negligence on the part of the Seller or its subordinates. This limitation of the Seller’s liability towards the Professional Customer does not apply in the event of wilful misconduct on the part of the Seller or its subordinates. Neither can the Seller be held liable for damage resulting from the use or misuse of the internet (disruption, virus, etc.).
6. All given weight measurements on Gustor Meat Boutiques website are estimates as to make a payment in advance possible. Gustor Meat Boutique ensures that the delivered weight will never be less then 95 percent of the given weight. In case the delivered weight surpasses the given the weight the buyer will NOT have to pay extra. The TOTAL weight of the TOTAL order will be checked and in case the weight is less then 95 percent Gustor Meat Boutique foresees a cash repayment included in the delivered box. the calculation will be made as followed: (estimated weight - actual weight) x average price per kilo of the products.
                 

§ 6 Privacypolicy

1. Whilst processing an orde we use the personal information submitted by the user. To inform the user to what his information will be used for we apply a privacy policy.
2. Personal information will be processed in accordance with the law of 8 september 1992 in order to protect the personal living atmosphere. Personal informations will not be made public to third parties and will not be used for marketing purposes.

 

§ 7 Applicable law, additional conditions, ruling in case of insufficiënt or unfeasible transactions 

1. Concerning transactions made between Gustor Meat Boutique and the consumer to which these TC applies, the Belgian law is applied exclusively. In case of disagreement the courthouse of Furnes is authorised to make decisions.
2. There are no additional conditions
3. In case a transaction is or will be seen as insufficiënt or unfeasable, the rest of the contract will remain valid. where the order is deemed insufficient or unfeasable, the legal ruling will be applied.

 

Recalling

The buyer has the right to, within a term of 14 days without supplying a reason, recall an transaction made. The term expres 14 days after the buyer or an appointed third party who is not the delivery driver, acquires the delivered goods in person. To act on your right of recalling the buyer must

Gustor Meat Boutique
Zeelaan 5
8670 Koksijde
E–mail:  info@gustor.be

through an unambiguous testimony (eg. written and sent by mail, fax or by email) let us know of his decision to act on his right of recalling. One can use the attached model for recalling but one is not obligated to do so. To fulfill the term of expiration it’s sufficient to have send the declaration of recalling before the end of the term. 

 

Results of recalling

if the buyer recalls a transaction, the buyer receives all the payments done up to that point, delivery charges included( with an exception of extra charges consequential to a made choice of a different way of delivery as to the cheapest one provided by us) immediately and in full and in definitely not later then 14 days after we’ve been notified of your decision to recall the transaction. The payment will be made in the same way as the the original transaction was made, except if the buyer explicitly has asked for a different payment method; there will be no additional charges in each case. We reserve the right to wait to make the payment until either the goods have been received by us or proof that the goods have been sent, whichever comes first.  The products need to be  unopened and undamaged. The charges for shipment need to be paid by the buyer. The buyer is only liable for the decrease in value consequentially to the use of the goods that is more than needed to determine the nature, the characteristics and working of the goods.

 

Additional information

The right to recall is not valid for contracts concerning products who, based on their characteristics, are not suitable for reshipment or can easily perish. This concerns perishable goods (eg all fresh meat that Gustor meat boutique offers).

 

Model for recalling

(only fill in this form if you want to recall a transaction made))

I/We (*)____________________ hereby declare to recall the transaction made of the following goods)____________________
ordered at (*)____________________ /received on (*)____________________
name(s) of the consumer(s) ____________________
Adress consumer(s) ____________________
autograph of the consumer(only in case this form is sent by mail ____________________, ____________________
Date ____________________

(*) strike out what is not applicable