Definitions

When used in present General terms and conditions/Conditions of use, the terms below, whether they are used in the singular or in the plural, will mean as follows:

“Buyer”: refers to the physical person who buys the Products from the Vendors on the Platform

“General terms and conditions”: refers to the present document

“Area”: refers to the order tracking area at disposal of the Buyer on the Platform

“Platform”: refers to the electronic platform developed by The Blender linking Vendors and Buyers

“Products”: refers to the products or services offered for sale by the Vendors on the Platform

“Vendor” : refers to the co-contracting legal person of The Blender who offers its Products for sale on the Platform (e.g. Dalcq S.A. distributor of the products present on The Blender for private individuals).

Article 1 – Preamble

The company Becook S.A., with registered office at 55, Val Fleuri, à L-1526 Luxembourg and registered to the Trade and Compagnies Register under number B 166824; Intra-Community VAT number LU 25762054 (hereunder referred to as “The Blender”), created and developed an electronic Platform, technical intermediary linking the Vendors, professional legal persons who wish to offer and sell their Products through the Platform, to the buyers, natural persons.

The General terms and conditions govern the terms applicable to the provision of the Platform to the Buyers, given that The Blender /Becook S.A. never is contracting party to the sales contract concluded directly between the Vendors and the Buyers.

Buying Products at a firm price on the Platform implies the full and complete acceptance from each Buyer of the present General terms and conditions and the guarantee of their full understanding regardless off their residence and the place of delivery of the Products.

Article 2 – Adherence of the buyer to the Platform

2.1 The Platform is open to Buyers,  adult consumer or professional, with the legal capacity to contract with the Vendors.

Adherence to the Platform is free of charge.

To validate his adherence to the Platform, the Buyer has to subscribe by providing all information requested on the adherence form, such as his name, first name, email address, phone number and postal address for delivery. This step is not necessary if the Buyer already subscribed to the website The Blender accessible at “www.TheBlender.be”.

2.2 At any time during his adherence to the Platform, the Buyer undertakes to update this information.

The Buyer guarantees the veracity and the completeness off the information provided to The Blender and will be solely responsible for any error, omission or default of its update. In particular, the Buyer acknowledges that he can be excluded from the Platform under the conditions specified in article 7.2 in case of inaccurate or incomplete information.

2.3 Upon communication of all information requested by the Platform, the Buyer will have to choose a login and a password to access his tracking area.

As of the choice of these elements, the Buyer will be considered adherent to the Platform.

The Buyer guarantees the confidentiality of his login and his password, which he undertakes not to communicate to a third party.  The Buyer will be sole responsible for the consequences of the use, even fraudulent, of these elements.

2.4 The Blender grants the Buyer access to his Area for the duration of his adherence to the Platform and for a use limited to the needs coming from the execution of these General terms and conditions, such access being personal,  individual and non-transferable.

The Buyer undertakes not to prejudice the Area in any way.

Article 3 – Conclusion of the sales contract between the Vendor and the Buyer

3.1 The Blender is a service that enables the Buyer and the Vendors who offer different Products for sale to connect.  The Blender is no party to the sales contract concluded directly between the Vendors and the Buyers and is not responsible for the execution of the contract.

Only the Vendor is responsible for complying with all applicable regulations for distance selling and,  where appropriate, all the applicable terms of the consumer law.

Consequently, only the Vendor can and has to provide to the Buyer the pre-contractual information necessary for the informed consent of the latter (detailed product description, general terms and conditions of sale, delivery terms, right of withdrawal, terms of the after sales service, etc.).

The purchase of a Product by the Buyer on the Platform implies adherence by the Buyer to the applicable contractual conditions uploaded by the Vendor.

In any case, the Vendor guarantees that the Products offered on the Platform are all available, which implies that he has them at disposal in his stock for shipping in case of order by the Buyer.

3.2 The order of a Product by a Buyer on the Platform will take place in following steps:

•  After confirmation of his purchase by a Buyer, The Blender, through a collection authorization granted by the Vendor, will validate the payment made by the Buyer in name and on behalf of the Vendor;
• Once the payment is ensured by The Blender in name and on behalf of the Vendor, The Blender will confirm the order to the Buyer by electronic mail and will send the Vendor an overview of the order to be treated;
• The Vendor then undertakes to deliver or to have delivered, under his sole responsibility, the ordered and paid Product within the time limit indicated by the Vendor to the Buyer.

3.3 The Products offered by the Vendors on the Platform are available. However,  in the event that in the period between the validation of the payment and the sending of the overview to the Vendor, the ordered Product should not be available anymore, the Buyer will immediately be informed and reimbursed for the full amount.

3.4 All return, reimbursement, withdrawal or warranty exercise should be conducted by the Buyer directly with the Vendor, in accordance with the terms communicated by the latter.  The Blender cannot under any circumstances handle or be responsible for a request from a Buyer related to a Product.

Article 4 – Responsibilities

4.1 Responsibility of the Vendor

The Vendor is solely responsible of the execution for the sales contract concluded with the Buyer and of the compliance of his activity with the applicable regulations. The Vendor guarantees inter alia: – the conformity of the Products to the applicable regulations in the country of delivery (norms, authorisations, etc.); – the conformity of the sales offer (price, general terms and conditions, delivery, right of withdrawal, etc.) – the conformity of the after sales service (legal and contractual warranty); – that he is authorised to sell the Products which are authorised for sale and which are not subject to third-party rights; – that he is holder of the intellectual property rights of the items stored on the Platform and that he has all necessary authorisations for their distribution.

4.2 Responsibility of The Blender

The Blender undertakes to ensure the services subject of these General terms and conditions, which is the technical intermediation between a Vendor and a Buyer.

The Blender as hosting provider of the information put online by the Vendors on the Platform, will not in any case be considered responsible of their possible illicit nature when it was not expressly informed.

Article 5 – Conflict between a Vendor and a Buyer

Since The Blender is not a party to the sales contract, in case of dispute relating to this contract between a Vendor and a Buyer, the Buyer has to directly address the Vendor in order to try to resolve the dispute.

Article 6 – End of adherence of the Buyer to the Platform

6.1 The Buyer, as well as The Blender, can at all times end the adherence of the Buyer to the Platform by sending an email or a notification on the Area of the Platform with a notice of thirty (30) days. Each party can end this contract in case of non-compliance of the other party, which was not remedied within ten (10) days after a formal notice has been sent.

6.2 The Blender can at any time, on simple notification sent to the Buyer by email or on his Area, exclude the Buyer from the Platform with a notice of ten (10) days in case of non-compliance of the Buyer to his obligations as mentioned in these General terms and conditions, which was not remedied in this period and particularly in case the information provided by the Buyer is inaccurate or not up to date.

6.3 The Blender can at any time, on simple notification sent to the Buyer by email or on his Area, immediately exclude the Buyer from the Platform in the event of a serious and non-repairable breach of the Buyer to his obligations as mentioned in these General terms and conditions, particularly in case of:

• Non-payment or fraudulent payment in execution of a sales contract concluded with a Vendor,
• Unlawful comment over a Vendor as mentioned in article 5,
• Behaviour with harmful consequences for the Platform.

Article 7 – Personal Data

7.1 Personal data of the Buyer

The collection of personal data of the Buyer is compulsory for the adherence to the Platform and the proper execution of the sales contracts concluded with the Vendors.

In accordance with Luxembourg law, the processing of personal data collected from the Buyer must be subject to rules specified in the legislation.

7.2 Communication to the Vendor of the personal data of the Buyer

The Blender collects the personal data of the Buyers when they adhere to the Platform. It will communicate them to the Vendor when confirming the order in order for the Vendor to be able to execute the sales contract.

All details on data processing are available on our website, under ‘Privacy Policy’.

Article 8 – Modifications of the General terms and conditions

The Blender may at any time review the General terms and conditions. It will inform the Buyer through a notification on his Area, subject to prior notice of fifteen (15) days.

The Buyer is free to refuse the new General terms and conditions within this period by ending his adherence to the Platform.

The Buyer can accept this modification through his Area or through the modalities which will be communicated.

Article 9 – Governing law

These General terms and conditions are governed by the Luxembourg law, without prejudice to the application of the mandatory provisions of the law of the place of residence of the Buyer. Any dispute must be dealt with before Luxembourg courts, which the Buyer accepts by buying on our website.