Terms and conditions
1. Applicability
In these General Terms and Conditions, the following terms are understood to mean:
Zuidcafé
Zuidcafé with company number BE1011.969.425.
Buyer
Any natural person or legal entity that has or will have a contractual relationship of any kind with Zuidcafé.
Consumer Buyer
Any natural person or legal entity that, exclusively for non-professional purposes, acquires or uses products or services placed on the market.
Products
The subject of one or more agreements.
These General Terms and Conditions apply to all offers from Zuidcafé, as well as to all agreements entered into with Zuidcafé.
In addition to these General Terms and Conditions, additional conditions may apply to certain services and/or products, if expressly stated. Should there be any discrepancies between the Additional Terms and Conditions and these General Terms and Conditions, the provisions of the Additional Terms and Conditions will prevail over the General Terms and Conditions, unless otherwise stated.
One or more provisions of these General Terms and Conditions may only be deviated from if expressly agreed to in writing. In that case, the remaining provisions of these terms and conditions will remain in full force.
General Terms and Conditions used by the Buyer will not apply unless Zuidcafé has expressly agreed to them in writing.
Zuidcafé reserves the right to amend and/or supplement the General Terms and Conditions at any time for future orders.
By using the Zuidcafé webshop and/or placing an order, the Buyer accepts these General Terms and Conditions as well as all other rights and obligations as stated on the Website.
Zuidcafé is authorized to engage third parties in the performance of an agreement with the Buyer.
2. Offers and conclusion of agreements
Offers are valid while supplies last. An agreement is concluded when an order confirmation is handed to the Buyer or, if the offer was made through the Website, is sent by email to the email address provided by the Buyer. The Buyer and Zuidcafé expressly agree that a valid agreement can be concluded through the use of electronic communication. In particular, the absence of a signature does not affect the binding nature of the offer and its acceptance. Zuidcafé’s electronic files are considered, to the extent permitted by law, as a presumption of proof. Information, images, verbal communications, specifications, etc. regarding all offers and the main characteristics of the products provided by telephone or email are presented or provided as accurately as possible.
3. Prices
All prices are in euros and include VAT. Special offers are only valid while supplies last. The Buyer owes the price that Zuidcafé communicated to them in their confirmation in accordance with Article 2.3 of these terms and conditions. Obvious (manipulation) errors in the price quote, such as obvious inaccuracies, may be corrected by Zuidcafé even after the agreement has been concluded. Delivery costs will be clearly communicated to the Buyer. Additional terms and conditions regarding the delivery method and any costs apply to certain payment methods. This will be clearly communicated to the Buyer.
4. Payment
Orders placed through the Zuidcafé webshop can be paid for in the following ways:
- Bancontact: secure online payment
- Creditcard: secure online payment
- Apple pay: secure online payment
Zuidcafé may expand its payment options in the future. You can find our currently available payment options during checkout of your order through our webshop.
If the Buyer’s amount due is not paid within 10 days of dispatch, statutory interest will be due automatically and without notice of default, plus a fixed compensation of 10%, with a minimum of €250.00, without prejudice to any costs of reminders and legal fees.
5. Delivery and delivery time
Zuidcafé delivers within 5 business days within Belgium (BE). In principle, Zuidcafé strives to ship orders placed before 1:00 PM on a business day the same day. Unless otherwise stated, the delivery deadline is thirty (30) days after receipt of the order, with the exception of payments via bank transfer, where the delivery deadline is 30 days after receipt of payment. Except for Consumer Buyers, the stated delivery time is only an estimate; therefore, no rights can be derived from it. If the Buyer orders a product that is temporarily out of stock, they will be notified when the product will be available again. Zuidcafé strives to notify the Buyer of any delays within one business day by telephone or email.
Deliveries will be made to the address provided by the Buyer during the conclusion of the agreement.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk for these products passes to the Buyer.
If delivery is made in installments (for example, when only some but not all of the ordered products are in stock), Zuidcafé has the right to consider each delivery as a separate transaction.
The Buyer is obligated to accept the purchased goods within the agreed period. Failing this, Zuidcafé is entitled to demand payment of the purchase price for the part not accepted, or to consider the agreement dissolved without judicial intervention (subject to reimbursement to the Buyer of any advance payments already made for the product in question).
6. Defects and Complaints Period
The Buyer is obligated to thoroughly inspect the products immediately upon receipt. Complaints from the Buyer regarding defects in the product or delivery that are outwardly visible must be notified to Zuidcafé in writing within seven (7) days of delivery (or within seven (7) days of the invoice date if the products could not be delivered to the Buyer). The Buyer, other than a Consumer Buyer, is not entitled to return products for which no substantiated complaints exist. If this is nevertheless done without valid reasons, all costs associated with the return will be borne by the Buyer. In that case, Zuidcafé is entitled to store the products with third parties at the Buyer’s expense and risk and, at the Buyer’s request and expense, to return them to the Buyer.
7. Right of withdrawal and exchange
When you purchase a product at www.zuidcafe.com, you, as a consumer, have 14 days from the date of delivery to cancel your purchase. You have this period to inform us of your decision to return the product.
We will refund the full purchase price within 14 days of receiving your returned order or you informing us that you wish to cancel the agreement.
If the goods were manufactured to customer specifications, they are personal and cannot be returned. As a result, canceling an order is not possible.
Zuidcafé is never liable for any damage—including theft or loss—that occurs to the packaging or the product during return shipment.
If the product is not received in accordance with the terms of the right of withdrawal, the purchase price will not be refunded. The product remains the property of the Buyer, who is obligated to collect it within two weeks. The product can also be delivered at the Buyer’s request.
8. Retention of title
Ownership of a product, notwithstanding actual delivery, will only pass to the Buyer after the Buyer has fully paid the amount due for that product, including payment of interest and costs.
The Buyer may not encumber, sell, resell, alienate, or otherwise encumber the products before ownership has passed.
9. Warranty and liability
In principle, products supplied by Zuidcafé are covered by the warranty as determined by the manufacturer of the relevant item. If the delivered item does not conform to the agreement, the Buyer must notify Zuidcafé within two months of discovering this. Consumer Buyers are entitled to the rights set out in Articles 1649a through 1649b of the Dutch Civil Code. Article 1649 of the Dutch Civil Code applies.
If Zuidcafé is, for any reason whatsoever, obliged to compensate a Buyer who is not a Consumer Buyer for any damages, such compensation will never exceed an amount equal to the invoice value of the product or service that caused the damage.
Without prejudice to the provisions of this article, no warranty applies in the following cases:
- if the wear and tear can be considered normal;
- if changes have been made to or in the product, including repairs that were not carried out with the permission of Zuidcafé or the manufacturer;
- if the original invoice cannot be provided, has been altered, or made illegible;
- if defects are the result of improper or improper use;
- if damage is caused by intent, gross negligence, or negligent maintenance.
The Buyer who is not a Consumer Buyer is obligated to indemnify Zuidcafé against any claim that third parties may assert against Zuidcafé in connection with the performance of the agreement (e.g., consequential damages), to the extent that the law does not prevent the Buyer from bearing the relevant damages and costs.
Zuidcafé may include links on its website to other websites that may be of interest or informative to visitors. Such links are for informational purposes only. Zuidcafé is not responsible for the content of the linked website or its use.
If investigation costs are incurred to identify a defect in the product or part of the product that is excluded from the warranty, and these costs prove to be excluded from the warranty pursuant to Article 9.3, these costs will always be borne by the Buyer. Zuidcafé strives to notify visitors of this in advance. Failure to provide this notification does not release the Buyer from the obligation to pay these costs.
If repairing a defect involves costs and this repair is excluded from the warranty pursuant to Article 9.3, the Buyer will be notified. If the Buyer does not expressly agree to the cost estimate in writing, they may have their property returned upon payment of the inspection costs. If the Buyer has not paid these inspection costs within six (6) months of receiving the cost estimate, ownership of the product will revert to Zuidcafé.
A reduced warranty may apply to used, second-hand, or demonstration models.
10. Force Majeure
In the event of force majeure, Zuidcafé is not obligated to fulfill its obligations to the other party. Zuidcafé is entitled to suspend its obligations for the duration of the force majeure. Force majeure means any circumstance beyond its control that prevents it from fulfilling its obligations to the other party, in whole or in part. These circumstances include strikes, fire, business interruptions, power outages, disruptions to a (telecommunications) network or connection or communication systems used, and/or the unavailability of the Website at any time, non-delivery or late delivery by suppliers or other third parties, and the absence of any government-issued permit.
11. Intellectuele eigendom
De Koper erkent uitdrukkelijk dat alle rechten van intellectuele eigendom van weergegeven informatie, mededelingen of andere uitingen met betrekking tot de producten en/of de Website berusten bij Zuidcafé, haar toeleveranciers of andere rechthebbenden.
Onder intellectuele eigendomsrechten worden verstaan octrooi-, auteurs-, merk-, tekeningen- en modellenrechten en/of andere (intellectuele eigendoms)rechten, waaronder al dan niet octrooieerbare technische en/of commerciële know how, methoden en concepten.
Het is de Koper verboden gebruik te maken van en/of wijzigingen aan te brengen in de intellectuele eigendomsrechten zoals beschreven in dit artikel, als bijvoorbeeld reproductie zonder uitdrukkelijke voorafgaande schriftelijke toestemming van Zuidcafé, haar toeleveranciers of andere rechthebbenden, tenzij het louter gaat om privégebruik van het product zelf.
12. Personal data
Zuidcafé will only process the Buyer’s data in accordance with its Privacy Policy.
13. Applicable law and competent court
All offers and agreements are governed exclusively by Belgian law, excluding the principles of conflicts of law. The applicability of the Vienna Sales Convention is expressly excluded.
All disputes related to or arising from offers made by Zuidcafé, or agreements concluded with it, will be submitted to the competent court of the Antwerp district, unless a mandatory statutory provision expressly designates another court as competent.
14. Miscellaneous provisions
Zuidcafé’s registered office is located at Volkstraat 69, 2000 Antwerp, with KBO number BE1011.969.425. Please send all correspondence regarding an agreement or these terms and conditions to Zuidcafé at the aforementioned address or to the email address info@zuidcafe.com.
Zuidcafé strives to answer emails received within 24 hours. If complaints are reported to Zuidcafé, the Consumer Buyer will be informed within five (5) business days of the timeframe within which they will receive a proposal from Zuidcafé to resolve the dispute.
If any provision of these Terms and Conditions is unlawful, void, or unenforceable for any other reason, that provision will be deemed severable from these Terms and Conditions and will not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between the Buyer and Zuidcafé regarding the subject matter contained herein.
15. Changes
Zuidcafé reserves the right to amend its terms and conditions. Changes will always be published on this website before they take effect. It is recommended that you consult this policy regularly to be aware of these changes.
16. Questions
If you would like more information or have any questions about Zuidcafé’s terms and conditions, you can contact us here.