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Terms of sale
Preamble
This page contains the conditions applicable when you order items via Eat Dessert First by Laura. We invite you to read these conditions carefully before ordering items on our platform. By accessing our site or using our service, you indicate your acceptance of these terms and conditions and your commitment to abide by them. If you do not agree with these terms of use, do not access our site or use our service.
These conditions do not affect your rights as a consumer and apply in addition to those contained in Belgian law. For more information, please visit: https://economie.fgov.be/fr/themes/protection-des-consommateurs.
1. Identification
The website eatdessertfirst.be was created and is managed by The Skif Agency. The person responsible for the publication is Laura Oppenheimer, manager. The eatdessertfirst.be website is hosted by Wix.
Customer service: eatingdessertsfirst@gmail.com
L&L services sprl
Represented by Laura Oppenheimer
Head office :
184 Avenue de Mai, 1200 Woluwe Saint-Lambert
VAT number : BE0600.831.559
Mail : eatingdessertsfirst@gmail.com
Phone : +32 478/540.393
2. Person responsible for the processing of personal data
The person responsible for processing personal data is L&L services sprl, located at 184 Avenue de Mai 1200 Woluwe Saint-Lambert, Belgium.
You can contact the data protection officer via eatingdessertsfirst@gmail.com. You will find more information on how you can exercise your rights in this document.
3. Definitions
The words referred to below shall have the following meanings:
"Customer" means the natural or legal person who visits the eatdessertfirst.be website, makes a Reservation, regardless of the place and means used to do so. The "client" refers to a natural person of legal age or with the consent of a parent or guardian.
"Consumer": the Client who is a natural person and who makes use of L&L services sprl, the website and/or acquires or uses the products or services of L&L services sprl for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
"Eat Dessert First by Laura": a registered name referring to the eatdessertfirst.be platform which allows the ordering of products online and the services resulting from this.
"Reservation": the activity by which the Customer places, and therefore reserves, food products and other products in a shopping basket, with a view to their final use, and by which L&L services sprl and its partners endeavour to collect these products with a view to making them available for delivery to an address, on the date and at the time slot chosen by the Customer. Unless otherwise specified, a Reservation always refers to a reservation made via the Website.
"Personal Data" means any information relating to an identified or identifiable natural person (the "Data Subject").
"Processing" means any operation or set of operations, whether or not by automatic means, which is performed on personal data or sets of data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction of data.
4. Purpose of Eat Dessert first by Laura
Eat Dessert first by Laura is a platform that sells pastries online.
Once you have placed your order, your items will be prepared and will be ready for collection at the address we have provided or will be delivered to you.
5. Your Eat Dessert First by Laura account
In order to be able to order online, you must open an account on the Eat Dessert First by Laura platform. To do this, you must create a password or other secure access method, and must provide your credit card details (when you wish to pay online). You must keep your password or other secure access method secret and prevent third parties from accessing your e-mail or mobile phone account. If a third party uses these methods to access your account, you will be liable to pay for any items ordered and we cannot be held responsible for any other loss you suffer, unless the third party was able to obtain your password because we did not keep it secret.
You may terminate your account at any time through the appropriate section of the platform or by contacting us using the contact details listed above. If we suspect that your account is being used by a third party, we may suspend access to your account or close it permanently. We may also terminate your account if we believe you are abusing our service (e.g., by requesting refunds or credits to which we do not believe you are entitled, in the event of repeated abusive complaints, in the event of insults (physical or verbal) to members of our team or to our partners, etc.)
6. Availability of services
Delivery
The delivery service is offered by the platform. The delivery area varies according to the type of products chosen. This area ensures that the delivery of articles is as optimal as possible. The delivery area may be changed at any time due to external factors or on a voluntary basis by the establishment.
7. Order
Order confirmation
When you place an order via our platform, the order must be accepted by the establishment. Once the order has been accepted you will receive a notification (by e-mail). The contract for the sale of an item therefore takes effect when our system sends you a confirmation notification.
Payment
You must pay for all items ordered as well as any delivery costs either via the platform by electronic payment or at the time of collection in cash. You are bound by these terms and conditions when an order is placed using your account or on your behalf.
All items are subject to availability.
Allergens
We may use allergens in the composition of certain items. We invite you to contact us if you suffer from an allergy or if you follow a certain diet. Eat Dessert First cannot guarantee that the items supplied by its partner establishments are allergen-free.
8. Delivery
When you choose to have your items delivered, the establishment is obliged to confirm the delivery to you. You will therefore receive notification once the delivery of your items has been accepted. The delivery contract therefore takes effect as soon as the delivery confirmation has been sent to you. Delivery is made in accordance with these terms and conditions.
The couriers in charge of the delivery are obliged to comply with the applicable legal obligations and the relevant road safety, food safety and health requirements.
Regardless of the type of delivery you choose (immediate or scheduled), the delivery company will provide you with an estimated delivery time once your items are ready for delivery. You must therefore be available to receive the delivery once the courier is on its way.
Depending on demand, traffic and weather conditions, couriers may delay your delivery. We will try to find a solution to this delay if it causes you to fail.
The courier will deliver your products to the address you gave when you placed your order. To change the delivery address after ordering, please contact the partner establishment directly. Please note: this can only be changed if the new address is within the same delivery area.
You are obliged to pay the price of the article and the delivery costs in the event of a failed delivery if you are responsible for this failure. The following are examples of reasons why a delivery may fail:
Failure to open the door for the courier within a reasonable time;
Not answering the telephone number given at the time of ordering;
Failure to give a correct address (for example : missing apartment number);
...
9. Defects in an item
You are legally entitled to receive items of satisfactory quality, which correspond to their description and any specific requirements you made when ordering your products.
If you feel that your items do not meet the above criteria, please contact Eat Dessert First by Laura's customer service department by email at eatingdessertfirst@gmail.com. Any proof is welcome.
After analysis of your email and the situation, we can proceed to a refund either of the totality of the articles or of the totality of the order. For this we will take into account several factors such as the details of the order, your order history, the incidents that occurred during the delivery and the information of the partner establishment.
10. Cancellation
You have the right to cancel an order without charge at any time before the establishment has begun preparation. If you wish to cancel an order, please contact the establishment directly.
If you cancel an order after it has been released, you will be required to pay the full price of the items as well as the delivery charges (if the courier is already on its way).
As a customer, you do not have a right of withdrawal from the contract for the supply of the Articles after delivery of the Articles in accordance with Article VI.73 of the Code of Economic Law.
Eat Dessert First by Laura may inform you that an order has been cancelled at any time. You are not obliged to pay for any orders cancelled by us and we will refund any payment made by the same method you used to pay for your order.
11. Prices and payments
Prices
The prices displayed on the platform are inclusive of all taxes. When you place an order via our platform, you confirm that you are using our service for personal, non-commercial reasons (except where a VAT invoice is requested).
The total price of your order will be displayed on the payment page of your account, including the price of the items and the delivery charges as well as the applicable service charges and taxes.
We also reserve the right to charge a service fee, subject to change, for the provision of our services. You will be informed of all applicable service fees and taxes prior to purchase on the payment page of our platform.
Changes
Prices of items may change at any time.
Changes do not apply to confirmed orders, except in the case of an obvious pricing error. Price changes also do not apply to orders that are about to be placed in your shopping cart, provided that the order is completed within thirty minutes of being placed in the shopping cart. After thirty minutes, the items will automatically disappear from your shopping cart and the price change will be applied. In the event of an obvious price error, we will notify you as soon as possible and you will have the choice of either confirming the order at the new price or cancelling the order without charge and with a full refund of the amounts already paid.
Delivery charges
You will be notified of the delivery charges before you complete your order. Delivery charges are also subject to change.
Payment
Payment for the Items and delivery charges can be made by credit card, debit card or any other payment method provided. Once your order has been confirmed, your credit or debit card will be authorised and the total amount will be shown for payment.
In some cases, you may also be able to make your payment in cash by paying us directly at the time of collection of your items. Where cash payment is possible, this will be clearly indicated on our Application before you place your order.
12. Loss or damage
To the extent permitted by law, L&L services bvba provides its service subject to availability as set out above.
We are liable to you for any loss or damage you suffer to the extent that such loss or damage is the foreseeable result of a breach by us or any of our partners of these terms and conditions or a failure by us to exercise reasonable care and skill in connection with your use of our service. We are not liable for unforeseeable loss or damage. Loss or damage is "foreseeable" where it is likely to occur in an obvious way or where you advise us that such loss or damage may occur, for example, if you advise us before placing an order of certain circumstances which may aggravate the loss or damage if you breach these Terms.
If Eat Dessert First, or a Courier, is liable, its liability is limited to the purchase price of the items you paid for in connection with your order (including any delivery charges you paid for the delivery).
These Terms are not intended to exclude or limit our liability to you for loss or damage where it would be illegal to do so. This includes any liability for death or personal injury caused by a failure of the responsible party to exercise reasonable care and skill, or for fraud or misrepresentation.
Subject to the preceding paragraph, the couriers are not liable for any loss or damage arising from your own breach of these terms, or arising from any hardware or IT software failure other than a failure in our platform.
The contract for the sale of the goods is between you and the establishment. The establishment is bound by the legal guarantee of conformity of the products in accordance with articles 1641 and 1649bis and following of the Belgian Civil Code.
13. Changes
L&L services sprl reserves the right to modify the "Terms of sale" declaration.
Last update: 04/08/2021.