Terms and Conditions

1.   Legal notice

The Website is operated by TF CO, a public limited company (société anonyme), with registered office located at Rue Jules Bordet 65, 7180 Seneffe, registered with the Crossroads Bank for Enterprises under number 0877.890.580.

Contact : hello@tartes.be and +32 (0)2/882.17.77

The Website is hosted by Odoo.sh, the cloud platform of Odoo S.A. Information regarding the collection and processing of personal data (privacy policy and statement) is provided on the “Privacy Policy” on the website.

2.  Definitions

In these general terms and conditions of sale (the “GTC”), the following terms shall have the following meanings:

“Customer”: any User, being an individual, who places an order for Products on the Website for purposes that do not fall within the scope of their commercial, industrial, craft, liberal profession or agricultural activity. Any person who provides a VAT number when placing an order is expressly excluded from this definition and shall therefore not benefit from these general terms and conditions. Such persons are subject to the general terms and conditions applicable to professionals.

“Contract”: the contract concluded remotely between the Company and the Customer for the purchase of Products via the Website. The Contract is governed by these general terms and conditions.

“Products”: all food products offered for sale online on the Website.

“User”: any person who visits or uses the) Website, whether or not they create an account.  

“Website”: the website www.tartes.be and all of its pages.

“Company”: TF CO, a public limited liability company (société anonyme), with registered office located at Rue Jules Bordet 65, 7180 Seneffe, registered with the Crossroads Bank for Enterprises under number 0877.890.580. 

3.  Scope of Application

3.1  These GTC define the respective rights and obligations of the parties in the event of orders or purchases of Products on the Website, by e-mail or at any other location, exclusively for private purposes. For any order of Products placed in the context of professional activities, please refer to the B2B general terms and conditions available at the following link: https://pro.tartes.be/conditions-generales-de-vente-b2b.

3.2  The purpose of the Website is the online sale of Products. The online sales of Products offered on the Website are limited to deliveries made in Belgium, within the delivery areas specified on the Website.

3.3     Any order placed on the Website implies that the Customer has been provided with, and fully and unreservedly accepts, these GTC.

3.4    These GTC shall be made available to the Customer before the conclusion of the Contract between the Company and the Customer. The GTC may be consulted at any time on the Website of the Company and downloaded onto a durable medium, i.e. in PDF format.

3.5    The Company may amend these GTC at any time. The applicable GTC are those in force at the time the Customer places an order. The Company shall retain previous versions and may provide them upon simple request.

3.6  Access to the Website is free of charge and available to any User with Internet access.

3.7    The Customer declares that they have the legal capacity to enter into contracts (being of legal age and not being under guardianship, unless authorised by their legal representative).

4.  Personal Data

The terms and conditions governing the processing of personal data are described in the Privacy Policy available on the Website.

5. Intellectual Property

5.1   All elements comprising the Website (including texts, photographs, images, videos, logos, trademarks, graphics, databases, architecture, etc.) are protected by intellectual property rights owned by the Company or by third parties who have authorised the Company to use them.

5.2     Any reproduction, representation, adaptation, translation, distribution, communication to the public, extraction or reuse of all or part of the Website, by any means and on any medium whatsoever, is strictly prohibited without the prior written authorisation of the Company.

6.   Availability of the Website and liability of the Company

6.1    The Company shall take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of the Website. However, the Company cannot guarantee the absolute operability of its Website. The Company reserves the right to restrict access to the Website or to suspend its operation at any time, without any obligation of prior notification.

6.2    Except in cases of gross negligence or wilful misconduct, and to the fullest extent permitted by applicable law, the Company shall not be liable for any damage or disruption caused by cyberattacks, viruses or any other malicious software that may affect the computer systems, software or data of the User as a result of accessing or using the Website. It is the responsibility of the User to take all appropriate measures to protect their own data and/or software from contamination by any potential viruses circulating on the Internet.

6.3    The Website may contain links to other websites that are not operated by the Company. These links are provided for information purposes only. The Company has no control over the content, privacy policies or practices of third-party websites and assumes no responsibility in this regard. The inclusion of such links does not imply any endorsement by the Company of the content of these third-party websites. By accessing third-party websites through links available on our Website, you acknowledge and accept that the Company is not responsible for the availability of such websites, their content, or any damage or loss caused by or in connection with the use of such websites. Users are advised to carefully review the privacy policies and general terms and conditions of any third-party website they visit.

7.    Limitation of liability relating to the Products

7.1    Nothing in these GTC shall limit any liability that cannot be legally limited, including liability for death or personal injury caused by negligence, as well as liability for fraud or fraudulent misrepresentation.

7.2   To the fullest extent permitted by applicable law, the liability of the Company shall be strictly limited to the value of the Products ordered.

7.3    To the fullest extent permitted by applicable law, the Company shall not be held liable for :

• any indirect damages (including, but not limited to, the cancellation or postponement of an event, costs related to a replacement supplier or service provider, alternative transport or delivery costs, etc.);
• the incompatibility of the Products with certain personal requirements (dietary requirements, allergies, medical restrictions, etc.), as the Customer shall be solely responsible for verifying, prior to placing an order, the composition of the Products and the information provided on the Website;
• any failure or delay in performance due to a force majeure event, defined as any unforeseeable, unavoidable and external event (for example: an unforeseen equipment failure, fire or damage to facilities, interruption of energy supply, strike, pandemic, etc.) making the performance of the Contract impossible or significantly more costly for the Company or one of its suppliers.

8.   Product characteristics – Customer service

8.1    The Products offered for sale are those listed in the online catalogue of the Website, subject to availability of stock or production capacity within the required timeframe.

8.2     Certain Products may only be available for purchase at the workshop (and not for home delivery).

8.3    Each Product is accompanied by a description setting out its essential characteristics.

8.4    Photographs and visuals of the Products are provided for illustrative purposes only and are not contractually binding, in particular due to the artisanal nature of the manufacturing process and the display settings specific to the screen of the User (resolution, contrast, brightness, colours). Any differences in appearance between the visuals and the delivered Product shall not, as such, give rise to any liability on the part of the Company.

8.5    Customer service can be contacted:

• by e‑mail : hello@tartes.be;
• by telephone : +32 (0)2/882.17.77 ;
• by postal mail at the address indicated in the legal notice.

The Company shall endeavour to respond to requests within five (5) business days.

9.     Prices

9.1    Unless otherwise stated, the prices displayed on the Website are indicated in euros, all taxes included (VAT included).

9.2      The Company reserves the right to modify its prices at any time. However, the applicable price shall be the price in force at the time the Customer validates the order.

9.3    Any delivery costs shall be indicated separately during the ordering process and before final validation of the order.

10. Customer Account

10.1   The creation of a customer account is a mandatory prerequisite for placing any order on the Website.

10.2    To create an account, the User must provide accurate, complete and up-to-date information, including their identity, contact details, telephone number and valid e-mail address.

10.3   The User is solely responsible for the confidentiality of their username and password, which they undertake not to disclose to third parties.

10.4    In the event of loss or forgotten password, a password reset procedure is available on the Website.

10.5    The information contained in the “My Account” section is provided for information purposes only and does not constitute evidence in the strict legal sense; evidence shall notably consist of the recording systems of the Company.

10.6  The Company reserves the right to delete, without compensation and without prejudice to any claim for damages to which the Company may be entitled, any account:

• in the event of non-compliance with these GTC;
• in the event of the deliberate provision of inaccurate information;
• in the event of an account being inactive for at least one year.

10.7   The Customer may request the deletion of their account at any time by e-mail. Such deletion is permanent and results in the inability to recover the associated data, subject to any legal data retention obligations.

11. Ordering Process

11.1 Creation of the Shopping Cart

The Customer selects the Products they wish to purchase by adding them to their virtual shopping cart (the “Shopping Cart”).

Before adding a Product to the Shopping Cart, the Customer indicates whether : they wish to have the Products delivered or collected from a workshop/collection point, the relevant delivery area or workshop/collection point, and the desired date and time slot.

11.2    Validation of the Shopping Cart

Once the selection has been completed, the Customer accesses their Shopping Cart via the button provided for this purpose.

A summary page displays: the list of Products, their essential characteristics, the unit price and total price, as well as any applicable delivery costs.

The Customer may then review the details of their order, correct any errors and confirm their intention to place the order.

11.3  Identification and contact details

To validate their order, the Customer must either: log in to their existing account; or create an account by completing the online form.

The Customer then provides, where applicable, the complete delivery details and selects a payment method from those offered.

11.4   Acceptation of the GTC and order confirmation

Before clicking on the “Confirm order and pay” button, the Customer ticks the box confirming that they have read these GTC and accept them without reservation. By ticking this box, the Customer submits a binding offer to purchase and undertakes to pay the indicated price.

a)   Home delivery

In the event of home delivery, an order confirmation e-mail is sent to the Customer, containing a summary of the order and its price.

b)   Collection at a workshop/collection point

In the event of collection at a workshop/collection point:

-    A first e-mail confirming receipt of the order is sent to the Customer, containing a summary of the order and its price.

-     A second e-mail confirming acceptance of the order by the workshop is subsequently sent to the Customer.

Upon receipt of the confirmation e-mail (for home deliveries) or of the second email containing confirmation of acceptance (for collections at a workshop), the order shall be deemed final and, given the perishable nature of the Products, the right of withdrawal shall not apply (see Article 16).

The Company reserves the right to refuse or cancel any order in the event of a prior dispute with the Customer concerned.

11.5  Large or unusual orders

The Company reserves the right to contact the Customer in order to verify the accuracy of their order, in particular in the event of an obvious error or an unusual order.

Where the quantities ordered appear abnormally high in view of an order intended for non-professional use, the Company reserves the right to limit the quantities ordered, propose an alternative quantity and/or agree with the Customer on another collection or delivery time slot. In such case, the order shall only be considered final after the Customer has expressly agreed to the proposed adjustments.

12.  Order cancellation

12.1  No compensation shall be due if the Customer cancels before the preparation of the Products has started, it being understood that the Products are generally prepared on the day before the delivery or collection date.

12.2   If the Customer cancels after preparation of the Products has started but before the beginning of the delivery or collection time slot, a lump sum compensation of 50% of the total order amount including VAT, with a minimum of €15, shall be payable to the Company.

12.3    If the Customer cancels after the beginning of the delivery or collection time slot, or fails to collect the order at the collection point / refuses delivery without valid reason (“no-show”), and considering that the Products become then unsellable due to their fresh and perishable nature, a lump sum compensation of 100% of the total order amount including VAT shall be payable to the Company.

12.4       If the Customer has already paid online, the compensation provided for in Articles 12.2 and 12.3 shall be deducted from the amount paid, and any remaining balance shall be refunded to the Customer. If the Customer had opted to pay on collection, the compensation remains payable and may be invoiced by the Company.

12.5    This clause shall not affect the mandatory rights of the Customer under Belgian law.

12.6     The compensations provided for above shall not be due where the Customer exercises their right of termination due to a delay in delivery or the unavailability of the Products, in accordance with Article 14 of the GTC.

13.  Payment terms

13.1   For any order, payment shall be made online at the time the order is placed (debit card, credit card or PayPal). No additional fees shall be charged for these payment methods. Payment on collection is also available, exclusively for orders placed online and collected on the same day at one of the workshops.

13.2   Card payments are processed through a secure platform provided by an authorised payment service provider. The Website shall never have access to the full banking details of the Customer.

14.Delivery and collection

14.1    The delivery areas, delivery periods and delivery fees are detailed on the Website, under the “Delivery Areas” section, and/or on the Product pages.

14.2 In the event of a shortage of stock or unavailability of a Product for the selected delivery area or date, the Company shall inform the Customer (by e-mail or telephone) and provide a new timeframe or an alternative solution.

14.3    If delivery has not taken place within three (3) hours after the delivery time or time slot indicated at the time of the order, the Customer may request termination of the sale for the undelivered Products by means of a simple written notification (e-mail or contact form) sent to the Company. In the event of termination by the Customer due to late delivery in accordance with this Article, no cancellation compensation shall be payable by the Customer. If the Customer does not notify their decision to terminate before delivery takes place, the order shall be deemed to remain valid, without prejudice to the Customer’s rights in the event of non-conformity or defects in the delivered Products.

14.4  In the event of a shortage of stock or unavailability of a Product for the selected date or delivery area, if the Customer does not respond within four (4) hours of the information e-mail being sent, the sale shall automatically be terminated with regard to the unavailable Products. In such case, no compensation shall be payable by the Company, without prejudice to the Customer’s mandatory rights.

14.5     In the event of termination in accordance with the above terms, the Customer shall be refunded the amounts paid for the undelivered Products within a maximum period of thirty (30) days. 

14.6       Where the Customer chooses to collect the Products from a collection point, they undertake to collect the Products no later than the day following the agreed collection date.

Given the perishable nature of the Products and their limited shelf life, if the Products are not collected within this period, the Company reserves the right to freely dispose of the Products, without the Customer being entitled to any refund or compensation, unless otherwise required by mandatory legal provisions. This provision shall apply without prejudice to the Customer’s rights in the event of non-conformity of the Products actually collected, as referred to in Article 15.

15.Product conformity and legal warranty

15.1   Legal guarantee of conformity

The Customer benefits from the legal guarantee of conformity in accordance with the Belgian Code of Economic Law. This guarantee covers any lack of conformity existing at the time of delivery of the Products and arising within a period of two (2) years from that date.

15.2   Nature of the Products

The Products sold are, by their nature, perishable and subject to strict storage conditions (in particular with regard to temperature, hygiene and consumption time limits).

The conformity of the Products shall be assessed at the time of delivery, taking into account: their food-related nature, their expiry date (use-by date), and the normal and reasonably foreseeable conditions of transport, storage and consumption.

15.3   Inspection upon delivery or collection

The Customer must verify, at the time of delivery or collection: the apparent condition of the Products, compliance with the order (quantity, type of product, etc.) and the integrity of the packaging.

Given the perishable nature of the Products and their limited shelf life, the Customer is expressly invited to carry out this inspection immediately upon receipt of the Products.

In the event of delivery:

·  In the event of visibly damaged parcels or Products, the Customer is invited, where possible, to: 

• either refuse delivery of the parcel concerned;
• or make precise and dated reservations on the delivery document presented by the courier (for example, by briefly describing the damage observed). 

In the event of collection:

• In the event of visibly damaged or non-conforming Products, the Customer is invited to report this immediately to the staff at the workshop or collection point and, where possible, to refuse receipt of the Products concerned;
• Where applicable, reservations may be made at the time of collection.

The Customer is also invited to inform the Company as soon as possible, ideally within twenty-four (24) hours of delivery, in writing (by e-mail or contact form), including, where possible, photographs of the parcel and/or damaged Products. 

The fact that the Customer has not refused the parcel or has not made reservations on the delivery document shall not, in itself, result in the Customer losing any of their legal rights (guarantee of conformity, remedies in the event of non-conformity, etc.), but may be taken into consideration when assessing the available evidence and may make the processing of the claim more difficult.

15.4  Notification of defects

Any apparent defect (error regarding the Product or quantity, damaged Product, or Product clearly unfit for consumption, etc.) must be notified to the Company without undue delay, and ideally within twenty-four (24) hours from delivery.

Any non-apparent defect must be notified within a reasonable period after its discovery and, in any event, no later than two (2) months after such discovery. However, given the use-by dates of the Products, it is in the interest of the Customer interest to inform the Company without undue delay as soon as the defect is identified and, where possible, before the expiry of the use-by date.

Any claim must be accompanied by supporting evidence (photographs, order reference, detailed description, etc.).

15.5  Storage and use conditions

The Customer undertakes to strictly comply with the storage conditions indicated on the Website and/or communicated at the time of sale, in particular with regard to: the cold chain, storage temperatures and consumption periods after opening.

The guarantee of conformity does not cover defects or deterioration resulting from failure to comply with these storage conditions or from use not in accordance with the instructions provided.

15.6   Exclusions

The following shall not constitute defects of conformity within the meaning of the legal guarantee, provided that they do not result from a defect already existing at the time of delivery: 

• normal deterioration of the Products due to their perishable nature;
• expiry of the use-by date indicated;
• changes in organoleptic qualities (taste, texture, smell) resulting from improper storage, a break in the cold chain attributable to the Customer, or the normal passage of time.

15.7   Enforcement of the guarantee

In the event of a duly established lack of conformity, the Customer shall be entitled, in accordance with applicable law, to have the Product brought into conformity (in particular through replacement or reimbursement) or, where such remedies are impossible or disproportionate, to a price reduction or termination of the Contract for the Product concerned. 

The Company may, where possible, request the return of the Product concerned or any element allowing the defect to be established (photographs, order reference, packaging, etc.).

15.8   Mandatory provision

This clause shall in no way limit or exclude the Customer’s mandatory legal rights and shall be interpreted in accordance with the provisions of the Belgian Code of Economic Law relating to the sale of consumer goods and consumer protection.

16. No right of withdrawal

In accordance with applicable consumer protection legislation, the right of withdrawal does not apply to contracts relating to the supply of perishable products.

Since the Products sold on the Website fall within such category, the Customer does not have a right of withdrawal once the order has been confirmed by the Company (see Article 12).

17. Communications and archiving

Exchanges between the Customer and the Company via the e-mail address provided by the Customer and the address hello@tartes.be shall be deemed to constitute reliable written communications, unless proven otherwise.

The Company’s electronic records (including ordering, payment and invoicing systems) shall constitute evidence between the parties and shall be retained on a reliable and durable medium, in accordance with Belgian legislation.

18. Miscellaneous

18.1   Validity. If any provision of these GTC is declared null, unlawful or unenforceable, such provision shall be deemed severable and shall not affect the validity of the remaining provisions, which shall remain fully applicable.

18.2    Entire agreement. These GTC constitute the entire agreement between the Customer and the Company and supersede any prior written or oral agreement relating to the same subject matter.

18.3   Subcontractors. The Company shall be entitled to use subcontractors in connection with the performance of the Contract (e.g. for the delivery of Products), which the Customer accepts without reservation.

18.4      Notifications. Any notification relating to these GTC or the Privacy Policy must be made in writing: by registered letter or by e-mail, to the addresses indicated in the legal notice.

19. Applicable law – Competent courts – Mediation

19.1     These GTC are governed by Belgian law.

19.2   In the absence of an amicable settlement, any dispute relating to the formation, performance or interpretation of these GTC shall be submitted to the competent courts of the judicial district of Brussels, without prejudice to mandatory territorial jurisdiction rules protecting consumers.

19.3      In accordance with Book XVI of the Belgian Code of Economic Law, the Customer may resort to consumer mediation through:

-    a listed Alternative Dispute Resolution (ADR) body on the Consumer Redress Portal of the European Commission: https://consumer-redress.ec.europa.eu/index_en?prefLang=fr&etrans=fr ;

-        The Consumer Mediation Service (Belgium) :

Address: North Gate II, Boulevard du Roi Albert II 8, 1000 Brussels

Tel. : 02 702 52 20

Fax : 02 808 71 29

Email : contact@mediationconsommateur.be

Website : http://mediationconsommateur.be

Mediation is optional and does not constitute a mandatory prerequisite before initiating legal proceedings.