Corporate customers

Article 1 - Identity of the seller

The website, accessible via www.ovidias.com, named hereinafter the “Website”, managed by Praliweb BVBA, with its registered office at 3730 Hoeselt, Industrielaan 26, registered at the CBE under the number 0607.968.581, named hereinafter “Praliweb”.

  • Telephone number: +32.89.695.000
  • Email address: [email protected]
  • Bank account number: BE89 0689 0208 6485

Article 2 - Definitions

  1. Seller: Praliweb
  2. Buyer: any natural person or legal entity who purchases goods from Praliweb, exclusively for professional purposes.
  3. 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.
  4. Goods: any product offered for sale by Praliweb on the Website.
  5. Website: the Seller’s website, accessible at www.ovidias.com
  6. 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.

  1. 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.
  2. These General Terms and Conditions are applicable to every offer made by Praliweb as a webshop to the Buyer, who purchases the goods exclusively for professional purposes. These General Terms and Conditions are not applicable on offers and agreements with natural persons who do not act on behalf of their professional activities.
  3. 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.
  4. 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.
  5. General Terms and Conditions used by the Buyer shall not apply unless expressly agreed to by Praliweb.
  6. Praliweb reserves the right to modify and/or supplement the Terms and Conditions at any time for future orders.
  7. 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.
  8. 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

  1. Offers are valid as long as they are listed on the Website and while supplies last.
  2. If the offer is subject to certain conditions, this will be expressly stated in the offer.
  3. Praliweb always provides a description of what it sells and how the ordering process will proceed as completely and accurately as possible. The description is, in any case, sufficiently detailed to allow you to make a proper assessment. In the event that Praliweb uses images for the goods and/or services offered, these are represented as accurately and truthfully as possible. However, mistakes are human, and if Praliweb has made an obvious error, it is not obliged to deliver the goods or services accordingly. The images have no contractual value.
  4. 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.
  5. The Buyer and Praliweb expressly accept that a valid contract can be concluded by means of electronic distance communication. Even in the case of absence of a written signature, a valid contract is established when the Buyer places an order and the Seller accepts it. Praliweb’s electronic data is accepted as evidence within the limits of the law.
  6. The Buyer who purchases goods from Praliweb is considered the end buyer. The end buyer is not allowed to resell the goods in any way.

Article 5 - Order

  1. To purchase a product online, the item must first be added to the shopping cart, after which the Buyer’s contact and billing details must be entered. The Buyer can then choose the delivery method: office address, specific delivery address, pick-up point (access point), etc.
    In the final step, the Buyer is directed to an overview page, where the General Terms and Conditions are accepted and the payment is confirmed by clicking the order button labeled “order with payment obligation” or an equivalent wording. Once these steps have been completed, the purchase is final.

Article 6 - Personalized products

  1. 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.
  2. 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.
  3. 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

  1. In respect of buyers within Belgium, all prices are expressed and invoiced in euros. The Website always displays the prices excluding and including VAT.
    In respect of buyers outside Belgium, all prices are expressed in euros. The Website always displays the prices excluding VAT.
    In respect of buyers in the UK, prices are expressed and invoiced in pounds.
  2. The Buyer has to pay the price agreed upon 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.
  3. Delivery costs and return costs are clearly communicated to the Buyer. For certain payment methods, additional conditions may apply regarding the delivery method and any associated costs. These will be clearly communicated to the Buyer.

Article 8 - Payment

  1. The invoices are payable by bank transfer to Praliweb’s bank account with account number BE89 0689 0208 6485. The Buyer shall pay the price stated on the invoice within 14 days from the invoice date, unless a different payment term has been expressly and in writing agreed upon.
  2. Orders through the Website can be paid in the following ways:
    • VISA
    • MASTERCARD
    • BANCONTACT
    • MAESTRO
    • PAYPAL

      Praliweb may expand payment options in the future. Expansion of payment options will also be announced through the Website.
  3. 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.
  4. 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

  1. All goods will be delivered to the address provided by the Buyer at the time of order.
  2. Orders are processed and delivered as soon as possible. Praliweb strives to deliver the order within 1 to 3 days.
    • Belgium: day + 1
    • Luxembourg: day + 1
    • Netherlands: 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
  3. 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.
  4. 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.
  5. 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.
  6. From the moment of receipt by the consumer, given the nature of the product, the goods should be stored immediately in the refrigerator.
  7. The Buyer or any other authorized person must be present at the specified address at the time of delivery of the product to receive it. If this is not the case, a second delivery appointment will be made with the Buyer.
  8. 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).
  9. Praliweb’s total liability for breach of its obligations shall in no case exceed the purchase price of the product(s) in question.
  10. Due to the nature of the product, PO Box addresses will not be accepted.

Article 10 - Right of withdrawal

  1. According to book VI of the Code of Economic Law, there is no right of withdrawal for food products, perishable goods, and goods manufactured according to the Buyer’s specifications. Therefore, your purchase is final and will not be accepted for return by Praliweb.

Article 11 - Retention of title.

  1. Ownership of a product shall, notwithstanding actual delivery, only transfer to the Buyer once the full payment of the amount due for that product has been made, including any interest, costs, and/or compensation for damages.
  2. The Buyer may not encumber, sell, resell, dispose of or otherwise encumber the products before ownership has passed.

Article 12 - Limitation of liability

  1. 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.
  2. In any case, Praliweb’s liability for any damages shall always be limited to the amount of the last invoice issued.
  3. Praliweb can not be held liable for any consequential damages due to mistakes made by the Buyer when providing his/her delivery details (including the address).
  4. In case of liability of Praliweb towards the Buyer, its sole obligation shall be, at its own discretion, to either replace the defective goods or refund the purchase price of those goods. No other compensation can be claimed.
  5. Praliweb makes every effort in order to provide access to the website 24 hours a day, 7 days a week. Regarding the technical characteristics of the internet and the information technology, and the given need for periodic maintenance, updates and upgrades, Praliweb cannot guarantee an uninterrupted access to its Website. In case of acceptable discontinuance, interruption or disruption of access or services, Praliweb will do everything in their power to correct it within the shortest possible delay. Such normally acceptable interruptions or disturbances are specific to services via the Internet and cannot be considered as defects or default. The will in no case give rise to liability to any damages or other remedy.
  6. The Website to which Praliweb occasionally refers are not managed, hosted or maintained by Praliweb. Praliweb is not liable for the content of these sites, for the links referring to them nor for the amendments and updates made on them.
  7. 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

  1. 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.
  2. 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.
  3. Praliweb delivers the goods via refrigerated shipping in order to ensure the highest possible quality of its products. In the exceptional case that the quality of the delivered goods is affected, the Buyer needs to prove immediately, right at the moment of the delivery, that the quality of the goods is affected. The Buyer is obliged to carefully inspect the goods, immediately upon receipt. Any complaints by the Buyer concerning defects to the goods or delivery that are visibly apparent (e.g products are no longer fresh or were damaged during transport) must be reported by the Buyer to Praliweb IMMEDIATELY by telephone or email, and no later than within 4 hours after receipt of the goods. Defects caused by the Buyer’s failure to place the products in a refrigerator in a timely manner cannot be claimed against Praliweb.
  4. The submission of a complaint by the Buyer does not release the Buyer from the obligation to pay the invoice. The Buyer remains fully bound to accept delivery of other ordered goods and to pay the corresponding invoices.
  5. If it is determined that the complaint was unfounded, all costs related to the investigation shall be borne entirely by the Buyer.
  6. In the event that a complaint is submitted by the Buyer in accordance with the provisions of these Terms and Conditions, concerning the defective quality of the delivered goods, Praliweb may, at its sole discretion, either replace the goods (or the relevant part to which the complaint relates) free of charge or refund the purchase price of the goods (or the part corresponding to the defective part of the order).
    Upon doing so, Praliweb’s liability shall be considered fully discharged.

Article 14 - Force majeure

  1. 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.
  2. 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

  1. 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.
  2. 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.
  3. 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.
  4. The Buyer is solely responsible for the documents it provides to Praliweb. The Buyer guarantees that all texts, images, photographs, or other creative elements provided to Praliweb are their property or that they have at least obtained permission from the rightful owner to use these elements.
    By providing the texts, graphics or other creative elements to Praliweb for the purpose of customizing Products, the Buyer gives Praliweb a right of use for the aforementioned elements.

Article 16 - Complaint procedure

  1. 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.
  2. Every complaint is attempted to be addressed within 7 business days.
  3. 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.
  4. 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

  1. All offers and agreements are subject to Belgian law. The application of the international sale of Goods treaty (Vienna Convention) is explicitly excluded.
  2. All disputes related to or arising from offers made by Praliweb, or agreements concluded with it shall be submitted to the competent courts and tribunals of Tongeren, unless a mandatory legal provision expressly designates another judge as competent

Article 18 - Miscellaneous provisions

    1. For any additional information or comments regarding these General Terms of Sale, You can contact Praliweb at the following address: Praliweb bvba with its registered office at 3730 Hoeselt, Industrielaan 26, Belgium, by e-mail: [email protected], by phone: +44/33 08 08 32 19 (UK) / +32/89 695 000 (outside the UK).
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