Terms and conditions

Thank you for using CHIPEA!

Article 1: SCOPE

These General Terms of Business ("Terms of Business") govern the client’s access to and use of the CHIPEA website. By visiting or using CHIPEA, the client confirms that he agrees to these Terms of Business.

On the basis of these Terms of Business, chipea grants the client a limited, non-exclusive, non-transferable, and revocable licence to use its website. By opening an account, the client confirms that he is authorised to grant all the authorisations and licences under these Terms of Business, that they are binding on the client, and that he agrees to these Terms of Business.

These General Terms of Business apply to all Chipea offers and to all distance contracts between Chipea and the client.

the nullity or nullification of any one provision of these general terms of business shall not in any way affect the validity of the other provisions. Chipea is at all times entitled to impose (further) requirements on any communications between the parties or on the accomplishment of any legal acts by email.

Chipea reserves the right, without having to give reasons, to refuse deliveries/services.

Article 2 LEGAL ACCESS

The client is only entitled to use CHIPEA if he has the legal capacity to enter into a binding contract with CHIPEA and on condition that these general terms of business and all the applicable laws are adhered to. When creating a CHIPEA account, the client is obliged to provide accurate and complete information about the child and to ensure that the information provided cannot HAVE ANY REPERCUSSIONS FOR CHIPEA.

As chipea bases its SERVICES on the information it receives, the client is responsible for the accuracy and the exhaustiveness of the information provided.

Article 3 VALIDITY

Unless expressly indicated otherwise, all the Chipea offers/information are/is non-binding. Chipea is bound by a best endeavours obligation. All the information and/or specifications Chipea provides are approximate only.

The offer shall specifically state whether it has a limited validity or is subject to conditions. Obvious mistakes or errors in the offer are non-binding on Chipea.

Article 4 FORMATION OF THE CONTRACT

Contracts with Chipea come into effect at the moment the client accepts the offer and meets the relevant conditions.

With respect to electronic contracts, Chipea takes the appropriate technical and organisational measures to ensure the security of the electronic transmission of data and a safe web environment. Chipea shall implement (see to the implementation) of the appropriate security measures to guarantee the security of electronic payments.

Article 5 RIGHT OF WITHDRAWAL - TERMINATION

In the case of the provision of services, the client has fourteen calendar days to rescind/TERMINATE the contract without having to give reasons. This term starts to run as of the moment the contract is concluded.

The right of withdrawal does not apply if the service has been provided in full. By placing the order, the client confirms that he is aware that he loses his right of withdrawal as soon as the service has been provided in full.

When applying for an online service, the client shall give his express prior consent to the provision of the service. The client shall pay for the service provided on a pro rata basis until such time as the client invokes his right of withdrawal.

To avail of the right of withdrawal, the client shall comply with the relevant reasonable and clear instructions Chipea communicated at the time of the offer and/or delivery at the latest.

Subject to appropriate notification, Chipea is entitled to terminate or suspend the client’s access to or use of Chipea for whatever reason.

In the event of non-payment by the client access to chipea shall be denied IMMEDIATELY. If the payment details are amended and payment is effected anyhow, access to chipea will be reactivated without delay.

IF THE CLIENT DECIDES TO TERMINATE ACCESS TO CHIPEA HIMSELF - WHICH HE IS FREE TO DO AT ANY TIME SUBJECT TO GIVING CHIPEA 1 MONTH’S NOTICE - HE CAN DO SO BY CANCELLING HIS SUBSCRIPTION VIA THE SETTINGS. THIS MEANS THAT IF THE CLIENT PERSONALLY TERMINATED HIS ACCESS TO CHIPEA, THE CLIENT WILL NO LONGER HAVE ANY ACCESS TO CHIPEA AS OF THE MONTH FOLLOWING THE TERMINATION.

THE CLIENT IS ALSO ENTITLED TO CHANGE THE SUBSCRIPTION AT ANY TIME - EITHER BY SWITCHING FROM A (MONTHLY) SUBSCRIPTION TO AN (ANNUAL) SUBSCRIPTION OR VICE VERSA.

Article 6 DURATION OF THE CONTRACT

Unless otherwise agreed between the parties, contracts are entered into for a minimum duration of one (1) month or for twelve (12) months.

The agreed minimum duration of the contract shall be automatically extended by the same minimum duration. Throughout the agreed minimum duration, the client is at all times free to terminate the contract before it is due to expire.

Termination shall be effected on the basis of a written notice to Chipea (by electronic means or otherwise) but without having to observe a notice period.

In addition, Chipea is at all times entitled, on compelling grounds, to cancel the contract with immediate effect. Compelling grounds in any event include the client defaulting on his payment obligation for one month and/or the fact that Chipea is long-term or permanently unable to execute the contract for reasons beyond its control.

ONCE THE CONTRACT HAS BEEN TERMINATED, CHIPEA IS UNDER NO CIRCUMSTANCES OBLIGED TO REFUND THE FEES.

Article 7 PRICE, PAYMENT, AND CANCELLATION

Unless otherwise agreed in writing, the price agreed (contract price) is INCLUSIVE OF VAT.

The amounts payable by the client shall be settled at the moment the contract is concluded and for the entire pre-agreed minimum duration.

If the client accepts Chipea’s offer, payment shall be effected by return. If that is not the case, the client may be denied access. the client is not entitled to suspend payments or offset claims.

Failing payment by the due date, the client shall ipso jure be in default. In that case, interest at the legal interest rate shall apply.

As of 3 months after the contract was concluded, Chipea shall be entitled to apply a price increase. Price increases introduced as of 3 months after the contract was concluded shall entitle the client to terminate the contract as of the date the price increase comes into effect.

Unless otherwise agreed between the parties, all subsequent payments shall be effected monthly, in advance, and by direct debit.

If the client fails to timely meet his payment obligation Chipea shall be entitled to suspend its service provision with immediate effect and without prior notice. If the client does subsequently meet his obligations anyhow, Chipea shall continue its service provision. During the period of suspension, the client remains obliged to settle the amounts agreed.

Article 8 OBLIGATIONS INCUMBENT ON CHIPEA

Chipea undertakes to compile all the information on the basis of the personal information supplied by the client, such as (but not limited to) age AND FOOD ALLERGIES. The client is obliged to supply and keep Chipea supplied with the correct personal information, so as to enable Chipea to create the best possible product for the client.

Article 9 LIABILITY

Chipea does not assume any liability for harm, of whatever nature, caused by the fact that it based itself on incorrect and/or incomplete information provided by or on behalf of the client. On no account shall Chipea be liable for any indirect or derivative damage, consequential damage included.

Chipea is not liable for any direct, incidental, or unusual damage, any consequential damage or compensation, a loss of profits or income, whether direct or indirect, any loss of data, goodwill, or other non-pecuniary losses arising out of the access to, the inaccessibility or the use of Chipea. Chipea shall not be liable for damage arising out of a non-essential violation of its duty of care.

Chipea’s advice is always free of obligation and the client takes it on board at his own risk and expense.

Article 10 FORCE MAJEURE

Circumstances beyond Chipea’s control that reasonably prevent it from performing the contract or prevent it from performing the contract in full entitle Chipea to rescind the contract in whole or in part and/or to suspend its performance without being liable for damages. In that case, Chipea does retain its right to payment.

Force Majeure shall in any case include: telecommunication issues / electronic messaging problems /issues with the Internet, the unexpected unavailability of third parties, business interruptions, technical problems, fire, strikes, the consequences of a natural disaster, the impossibility to perform the contract as a result of legal measures such as sanctions, import restrictions and suchlike. This also applies if the problems occur at a third party involved in the performance of the contract by Chipea or if they arise out of measures taken by a third party.

Article 11 Intellectual property rights

Chipea is the sole right holder of any and all current and future intellectual property rights (among which, but not limited to, copyright) in works or arising out of works (in whatever form, among which, but not limited to, ideas, proposals, designs, and concepts) it develops and/or has/had developed. The client shall acquire a right of use therein for the duration of the contract.

Chipea guarantees that it respects the property rights of third parties.

Chipea stores the client’s data for as long as required to enable CHIPEA to provide its information and for the purposes explained in this policy. When Chipea no longer needs the data and if there is no need for Chipea to retain the data to meet its legal obligations, Chipea shall delete the data from its systems, or anonymize them so that the client can no longer be identified.

Article 12. PURPOSES OF THE PROCESSING

Chipea only processes personal data in the context of the performance of the contract, and for any purposes reasonably associated therewith, or as specified with the data subject’s consent.

Article 13 APPLICABLE LAW AND COMPETENT COURT

The legal relationship between Chipea and the client is exclusively governed by Belgian law. Solely the court of the district where (the registered office of) Chipea is situated shall have jurisdiction to take cognisance of any disputes between the parties.

Bigbites, based at Frederik Burvenichstraat 123 9050 Gentbrugge Belgium, with email address: info@chipeafood.com

registered with the CBE under number BE0769390736, hereinafter referred to as: ‘Chipea’.