Private customers

Article 1 - Identity of the seller

The website, accessible through the address www.ovidias.com, hereinafter called “Website”, operated by Praliweb bvba, with registered office at 3730 Hoeselt, Industrielaan 26, Belgium listed in the CBE under the number 0607.968.581, hereinafter called “Praliweb”.

Phone number: +32.85.20.885
Email address: [email protected]
Bank account number: BE89 0689 0208 6485

Article 2 - Definitions

Seller: Praliweb
Buyer: any natural person who, exclusively for non-professional purposes, acquires or uses products or services marketed by Praliweb.
Distance contract: any contract between Praliweb and the Buyer for goods or services concluded as part of a distance sales or services system organized by the supplier where, for this contract, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract itself.
Goods: any product offered for sale by Praliweb on the Website.
Website: the Seller’s website, accessible at www.ovidias.com
Remote communication technique: any means which, without simultaneous physical presence of Praliweb and the Buyer, can be used for the conclusion of the contract between these parties.

Article 3 - Applicability.

Unless otherwise previously expressly agreed in writing, these Terms and Conditions shall apply to any offer made by Praliweb and to any distance contract concluded between Praliweb and the Buyer.
These General Terms and Conditions shall apply to any offer made by Praliweb as a merchant to the Buyer, any natural person who, exclusively for non-professional purposes, acquires or uses marketed products and/or services.
To place an order, you must be at least 18 years old. If you are not 18, we ask that the order be placed by your parents or legal guardian. If we find that the order has been placed by a minor, we reserve the right to refuse such order.
If a Distance Contract is concluded electronically, a copy of the General Terms and Conditions shall be provided to the Buyer along with the order confirmation, or at the latest upon delivery, and in a format that the Buyer can save or print.
In the event that specific terms and conditions of goods or services apply in addition to these General Terms and Conditions, and differences exist between the Additional Terms and Conditions and the General Terms and Conditions, the provisions of the Additional Terms and Conditions shall in principle prevail over the General Terms and Conditions, unless otherwise specified.
One or more provisions of these General Terms and Conditions may be deviated from only if expressly agreed upon in writing. The remaining provisions of these Terms and Conditions shall in that case remain in full force and effect.
General Terms and Conditions used by the Buyer shall not apply unless expressly agreed to by Praliweb.
Praliweb reserves the right to modify and/or supplement the Terms and Conditions at any time for future orders.
By using the Praliweb Websites 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.
If one or more of the provisions of these General Terms and Conditions should at any time be illegal, void or for any other reason unenforceable in whole or in part, such condition shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms and Conditions constitute the entire agreement between the Buyer and Praliweb, with respect to the subject matter contained herein.

Article 4 - Offers and formation of agreements

Offers are valid as long as they are listed on the Website and while supplies last.
If the offer is subject to certain conditions, this will be expressly stated in the offer.
Praliweb always describes as completely and accurately as possible what they sell and how the ordering process will go. In any case, the description is sufficiently detailed to allow you to make a proper assessment. In the event that Praliweb uses images for the goods and/or services offered, they are displayed as accurately and truthfully as possible. However, to err is human and if Praliweb is obviously mistaken, it is not obliged to still deliver.The images have no contractual value.
A contract is established and becomes final when an order confirmation is handed to the Buyer, or sent by email to the email address provided by the Buyer, and when Praliweb has received approval by the card issuer for the credit or debit card payment transaction.
In the event that card issuer refuses to agree to payment, Praliweb cannot be held responsible for delays in delivery and/or non-delivery of the order made by the Buyer. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
The consumer who purchases goods from praliweb is the end consumer. The goods may not be resold in any way.

Article 5 - Order

To purchase a product online, the product must be added to the shopping cart, after which the Buyer’s contact and billing information must be entered. Next, the Buyer can choose the delivery method: home address, specific delivery address, pick-up point (access point),…At the last step, the Buyer arrives at a summary page, where the General Terms and Conditions are accepted and the payment is confirmed by pressing the order button with the caption “order with payment obligation” or a corresponding wording. Once these steps are completed, the purchase is final.

Article 6 - Personalized products

When the Buyer wishes to order a personalized product, he must upload the desired text, images, photos or other creative elements on the appropriate page. Praliweb examines the quality of the uploaded document and indicates when the quality would not be satisfactory. The Buyer will see a preview of his or her personalized product. After approval by the Buyer, the order will be placed and added to the shopping cart. After going through the steps, as mentioned in article 5, the purchase will be final.
The Buyer always takes into account that the quality of each print depends on the (photo) material provided by the Buyer and that the print may differ from the example on the Website. Such (slight) deviations can at no time be invoked as grounds for refusing and/or returning an order.
The Buyer agrees not to submit violent, discriminatory, unlawful, infringing, hateful, pornographic and other harmful pictures, texts, images and the like to Praliweb for the purpose of personalizing the Product ordered. Praliweb reserves the right to refuse such orders.

Article 7 - Prices

With respect to consumers within the European Union, all prices are expressed in euros and include VAT or any other tax imposed by governments. With respect to consumers in the UK, prices are expressed in pounds. These prices include VAT or any other tax imposed by governments.
The price will be invoiced in the currency in which the Buyer placed its order.
The Buyer shall owe the price agreed to during the last step of the ordering process and communicated by Praliweb in its order confirmation. Obvious errors in the quotation, such as obvious inaccuracies, may be corrected by Praliweb even after the conclusion of the contract.
Delivery and return costs will be clearly communicated to the Buyer. With respect to certain payment methods, further conditions apply regarding the delivery method and any costs. This will be clearly communicated to the Buyer.

Article 8 - Payment

Orders through the Website can be paid in the following ways:
- IDeal
- Visa
- Mastercard
- PayPal
Praliweb may expand payment options in the future. Expansion of payment options will also be announced through the Website.
If a credit card method of payment is chosen, it shall be subject to the terms and conditions of the respective card issuer. Praliweb is not a party in the relationship between the Buyer and the card issuer.
To ensure safe payment and the security of the Buyer’s personal data, transaction data is encrypted with SSL technology over the Internet. To pay with SSL, you do not need any special software. You will recognize a secure SSL connection by the “lock” in the lower status bar of your browser.

Article 9 - Delivery and delivery period

All goods will be delivered to the address provided by Buyer at the time of order.
Orders are processed and delivered as soon as possible. Praliweb strives to deliver the order within 1 to 3 days.
- Netherlands: day + 1
- Belgium: day + 1
- Luxembourg: day + 1
- United Kingdom: day + 2
- Germany within 500 km radius of Belgium: day + 1
- Germany radius of more than 500 km from Belgium: day + 2
- France within 500 km radius of Belgium: day + 1
- France radius of more than 500 km from Belgium: day + 2
If a product, which is temporarily out of stock is ordered by the Buyer, it will be indicated when the product will be available again. Praliweb strives to notify Buyer of delays by email within 1 to 3 business days.
If timely delivery is not possible, Praliweb shall notify the Buyer before the expiration of the scheduled delivery period. If Praliweb fails to do so, the Buyer may cancel the order free of charge. In this case, Praliweb shall refund the price no later than 30 days after cancellation.
Shipments are always made at the risk of Praliweb. Therefore, the Buyer should not worry about goods getting lost in the mail. However, if goods are returned, the Buyer is responsible for their transportation.
Once the products to be delivered have been delivered to the specified delivery address, the risk, where these products are concerned, passes to the Buyer.
From the moment of receipt by the consumer, given the nature of the product, the goods should be stored immediately in the refrigerator.
The Buyer or any other person must be present at the specified address at the time of delivery of the product in order to receive it. If this is not the case, a bill will be left in the mailbox and you can go and pick up the package at the nearest DPD parcel shop.
Praliweb is not liable for failed deliveries when:
- the Buyer provides an incorrect or outdated address;
- no one is present at the address provided by the Buyer;
- the Buyer fails to provide a correct/new address immediately (within 24 hours).
Praliweb’s total liability for breach of its obligations shall in no case exceed the purchase price of the product(s) in question.
Due to the nature of the product, PO Box addresses will not be accepted.

Article 10 - Right of withdrawal

According to the Book VI of the Economic Law Code, there is no right of withdrawal for food and perishable goods. Your purchase is therefore final and will not be taken back by Praliweb.

Article 11 - Retention of title.

Ownership of a product, notwithstanding actual delivery, shall not pass to the Buyer until the Buyer has paid in full the payment due for such product, including payment of interest and costs.
The Buyer may not encumber, sell, resell, dispose of or otherwise encumber the products before ownership has passed.

Article 12 - Limitation of liability

The Website is offered to you without any express or implied warranties as to its correct operation. Praliweb shall not be liable for any damages resulting from the use of the Website, whether or not it turned out to be correct or incorrect, nor for damages caused by incorrect, incomplete, ambiguous or dated content or language errors on the Website.
In any case, Praliweb’s liability for any damages shall always be limited to the amount of the last invoice issued.
Praliweb stelt alles in het werk om een toegang te verlenen tot de Website 24 uur op 24 en 7 dagen op 7. Gelet op de technische kenmerken van het internet en van de informaticamiddelen, en gelet op de noodzaak om periodieke onderhouds-, update- of upgradewerkzaamheden uit te voeren, kan Praliweb echter geen ononderbroken toegang en dienstverlening tot de Website garanderen. In geval van normaal aanvaardbare onderbrekingen of storingen van de toegang, zal Praliweb alles in het werk stellen om zo snel mogelijk een oplossing voor het probleem te vinden. Dergelijke normaal aanvaardbare onderbrekingen of storingen zijn eigen aan de verkoop via internet. Deze kunnen niet beschouwd worden als tekortkomingen en zullen geen aanleiding geven tot schadevergoedingen. De websites waarnaar Praliweb gebeurlijk linkt, worden niet door Praliweb beheerd, gehost of onderhouden. Praliweb is dus niet aansprakelijk voor de inhoud van dergelijke websites, noch voor de koppelingen die daarop voorkomen of wijzigingen en updates die van dergelijke websites worden doorgevoerd. Praliweb shall under no circumstances be held responsible for any texts, images, or other materials provided by the Buyer for the purpose of personalizing the purchased Product. It shall not be assumed that Praliweb approves of or recommends any such texts, images, or other materials. Praliweb is under no obligation to review, verify, reject, or remove any documents provided by the Buyer in advance.
The Buyer shall indemnify and hold Praliweb harmless against any and all liabilities (including attorneys’ fees and legal costs) incurred by Praliweb as a result of documents or materials provided by the Buyer, as well as against any claims or legal proceedings arising from the Buyer’s use of such materials.

Article 13 - Conformity and warranty

Praliweb guarantees that the products conform to the order made and meet the normal expectations of the Buyer taking into account the specifications of the product. Praliweb also assures that its goods comply with all laws existing at the time of the order.
The products sold by Praliweb are fresh food products. Praliweb does its utmost to ensure a correct and safe delivery, taking into account the freshness of its goods, but cannot give an absolute guarantee about the quality of transport. In addition, the consumer is obliged to immediately place the received goods in the refrigerator to ensure the quality of the goods.
Praliweb delivers the goods by refrigerated dispatch in order to guarantee as much as possible the quality of its goods. In the exceptional case that the quality of the delivery would nevertheless be affected, the Buyer must prove this immediately at the time of delivery. The Buyer is always obliged to carefully inspect the goods (or have them inspected) immediately upon receipt. Complaints by the Buyer relating to defects in the product or the delivery, which are externally visible (for example when the products are no longer fresh, or have been damaged during transport), must be notified IMMEDIATELY by the Buyer to Praliweb by e-mail and at the latest within 4 hours of receipt.
Defects caused by the consumer’s failure to place in the refrigerator in a timely manner cannot be recovered from Praliweb.

Article 14 - Force majeure

In the event of force majeure, Praliweb shall not be bound to fulfill its obligations. In that case, it may either suspend its obligations for the duration of the force majeure or terminate the contract definitively.
Force majeure is any circumstance beyond the will and control of Praliweb that prevents the fulfillment of its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, operational failures, energy failures, failures in a (telecommunications) network or connection or communication systems used and/or the unavailability of the website at any time, non- or non-timely delivery of suppliers or other third parties hired,…

Article 15 - Intellectual property

The Buyer expressly acknowledges that all intellectual property rights of displayed information, communications or other expressions relating to the products and/or the Website belong to Praliweb, its suppliers or other right holders.
Intellectual property rights mean patent, copyright, trademark, design and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.
The Buyer is prohibited from using and/or modifying the intellectual property rights described in this article, as for example reproduction without the express prior written consent of Praliweb, its suppliers or other claimants, unless it is purely for private use of the product itself.
The Buyer is solely responsible for the documents it provides to Praliweb. The Buyer guarantees that all text, images, photos or other creative elements that it provides to Praliweb are its property or that it has at least obtained permission from the rightful owner to use the aforementioned elements.
By providing the text, images, photographs or other creative elements to Praliweb with a view to personalizing Products, the Buyer grants Praliweb a right of use to the aforementioned elements.

Article 16 - Complaint procedure

Praliweb does everything possible to satisfy its customers 100%. If the Buyer should nevertheless have complaints about its services and/or products, it can contact Praliweb by email at [email protected]. Praliweb has a sufficiently publicized complaint procedure and shall handle the complaint in accordance with this complaint procedure.
Every complaint is attempted to be addressed within 7 business days.
In case of out-of-court settlement of the dispute, the Consumer Ombudsman Service of the FPS Economy is authorized to receive any request for out-of-court settlement of consumer disputes. The latter, in turn, will either process the application itself or forward it to a qualified entity. You can reach the Consumer Ombudsman Service through this link: http://www.consumentenombudsdienst.be//nl.
In the case of disputes of a cross-border nature, you can also appeal to the European Union’s Online Dispute Resolution platform through this link: http://ec.europa.eu/odr.
Should we still not come to an agreement via our personal complaint service at +32/89.695.000 or via mail at [email protected], you as a consumer can contact Safeshops.be. SafeShops.be will mediate between you as a consumer and us, if your complaint is accepted by them. Only complaints submitted through the complaint form at https://www.safeshops.be/nl/consumers-complaints/ will be processed. That way, this labeling organization immediately has all the right data to further handle your complaint.

Article 17 - Applicable law and competent court

All offers and agreements are governed exclusively by Belgian law. The applicability of the Vienna Sales Convention is expressly excluded
All disputes related to or arising from offers made by Praliweb or contracts concluded with it shall be submitted to the competent courts and tribunals of Tongeren (Belgium), unless a mandatory provision of law expressly designates another court as competent.

Article 18 - Miscellaneous provisions

For any additional information or comments regarding these Terms and Conditions, please contact Praliweb at the following address: Praliweb bvba with registered office at 3730 Hoeselt, Industrielaan 26, Belgium, by e-mail: [email protected] or by telephone: +31 85 20 84 885.