NOTICE: Sale of any Products or Services is expressly conditioned on Buyer’s assent to these Terms and Conditions. Any acceptance of Bas Ice Cream’s offer is expressly limited to acceptance of these Terms and Conditions and Bas Ice Cream expressly objects to any additional or different terms proposed by the Buyer. Any order to purchase products or receive services shall constitute Buyer’s assent to these Terms and Conditions. Unless otherwise specified in the quotation, Bas Ice Cream’s quotation shall expire thirty (30) days from its date and may be modified or withdrawn by Bas Ice Cream before receipt of Buyer’s conforming acceptance.
1. Legal identity:
BAS OF BELGIUM
IBAN BE84 3632 1170 4459
“Buyer” means the entity to which Seller is providing Products or Services under the Contract.
“Seller” means Bas of Belgium, which is the entity providing Products or performing Services under the commercial name of Bas Ice Cream.
“Parties” means Buyer and Seller.
“Contract” means either the purchase order sent by the Buyer to the Seller in writing, or the verbal agreement on placing order in-person at the shop. In the event of any conflict, the Terms and Conditions shall take precedence over other documents included in the Contract.
“Products” means the goods Seller has agreed to supply to Buyer under the Contract.
“Services” means the services Seller has agreed to perform for Buyer under the Contract.
“Price” means the agreed price stated in the Contract or quote for the sale of Products and Services, including adjustments (if any) in accordance with the Contract.
“Terms and Conditions” means these “General Terms and Conditions for the Sale of Products or Services”, together with any modifications or additional provisions specifically stated in Seller’s final quotation or specifically agreed upon by Seller in writing.
3. Delivery and Shipping Terms:
All orders, including online reservations, must be collected from the shop at Dampoortstraat 46, 9000 Ghent. Unless otherwise agreed with a written statement.
4. Cancellation of Purchase Order:
Buyer may cancel their order by replying to order overview email. Bas Ice Cream reserves the right to reject this cancellation request if the cancellation was not sent in a timely manner or the products are made especially for the buyer.
5. Right of withdrawal:
a. No returns will be permitted after delivery or in-store pickup.
b. No refunds or compensation will be offered. Unless there is undisputed evidence and a proof that products sold were not as advertised at the time of purchase.
a. Price offers and quotations are valid for thirty (30) days after the date of the quote. Unless otherwise mentioned on the quote.
b. Buyer shall purchase the Products and, if applicable, shall pay for the services provided, from Seller at the price stated on the quote. Prices are subject to change without prior notice and Seller shall thereafter notify Buyer of any price increases. In the event of a price increase, Buyer may cancel any undelivered portion of any order by written notice to Seller.
7. Payment Terms:
a. Private individuals:
All online order reservations and in-store purchases must be paid in full at the shop, at the time of order pickup.
b. Business customers:
All payments must be completed in-store at the time of order pickup or by bank transfer within fourteen (14) days from the date of receiving invoice email.
c. In case of payment default, Seller will notify the Buyer by email twice. First notice will be sent two (2) business days from due date, second notice will be sent seven (7) days after first notice.
d. If the Buyer has not responded to second notice within seven (7) days and failed to complete the payment, Buyer shall pay a flat rate compensation fee of EUR 50 + interest on all late payments at 8% per annum, calculated from day fifteen (15) from the date of receipt of invoice email. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees and court costs. In addition to all other remedies available under these Terms and Conditions or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Products if Buyer fails to pay any amounts when due hereunder and such failure continues for thirty (30) days following written notice thereof.
e. Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy or otherwise.
f. If Buyer disputes any invoice or portion thereof, they shall notify Seller in writing within ten (10) days of receipt of said invoice, detail the reason for the dispute, and pay all undisputed amounts. All charges not timely disputed in writing shall be deemed to be undisputed and shall be due and payable as set forth above.
In addition to any remedies that may be provided under these Terms and Conditions, Seller may terminate the Contract with immediate effect upon written notice to Buyer, if Buyer: (i) fails to pay any amount when due under this Contract and such failure continues for thirty (30) days after Buyer’s receipt of written notice of nonpayment; (ii) has not otherwise performed or complied with any of these Terms and Conditions, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
9. Amendment and Modification:
These Terms and Conditions may be amended or modified at any time by BAS OF BELGIUM. In accordance with, without limitation, new regulations, guidelines, products or services offered.
No waiver by Seller of any of the provisions of this Contract is effective unless explicitly set forth in writing by Seller. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Contract operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
11. Force Majeure:
Seller shall not be liable or responsible to Buyer, nor be deemed to have defaulted or breached the Contract, for any failure or delay in fulfilling or performing any term of this Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Seller. Circumstances include, without limitation, natural disaster, governmental actions, national emergency, epidemic, breakdown or power outage.
All notices, requests, consents, claims, demands, waivers and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses stated on the Contract in writing by email or registered letter.
If any term or provision of this Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Contract or invalidate or render unenforceable such term or provision in any other jurisdiction.
14. Complete Agreement:
These Terms and Conditions constitute the entire agreement between Buyer and Seller relating to the subject matter hereof, and supersede all prior and contemporaneous discussions, understandings, and agreements related to the subject matter hereof.