ARTICLE 1 - GENERAL PROVISIONS

1. 1. SAMSOUMI, a limited liability company with its registered office in Krullart Street 7 5211 HR's-Hertogenbosch and with company number NL861701471B01 is a specialized retailer of patisserie and related products.
   2. SAMSOUMI offers customers the opportunity to purchase products online through its website www.momadecupcakes.be (hereinafter: webshop). The general terms and conditions of SAMSOUMI apply to every order concluded through the webshop of SAMSOUMI on the website www.momadecupcakes.be. The general terms and conditions are an integral part of the purchase agreement and determine the legal relationship between the parties. Unless expressly agreed otherwise in writing in the special conditions listed on the website, they cannot be deviated from. In case of special conditions, the latter shall prevail over the general conditions, which shall continue to apply for that which is not covered by the special conditions.
   3. By placing an order through the webshop, the customer declares that he or she is familiar with SAMSOUMI's terms and conditions, including  his privacy policy and accept them in their entirety. By acceptance, the customer agrees to the applicability of these Terms to the exclusion of all other terms and conditions, except when previously, in writing and expressly accepted by SAMSOUMI.
   4. SAMSOUMI's terms and conditions and privacy policy can always be viewed online at www.momadecupcakes.be.
   5. If a situation arises which is not covered by the general conditions of SAMSOUMI, it must be interpreted in accordance with common law taking into account the spirit of these general conditions. The possible nullity or invalidity of one or more of the provisions of these general conditions will in no way affect the validity of the other provisions, which will remain in full force and effect.
   6. SAMSOUMI reserves the right to change the terms and conditions at any time. Any changes will become applicable to any new order via the webshop. For current orders at the time of modification, the general terms and conditions will continue to apply as existing during the creation of this order.

 

ARTICLE 2 - OFFER

1. 1. The offer in the webshop is valid as long as stocks last and can be changed by SAMSOUMI. If the desired product is no longer available under the range in the webshop, the customer can always contact SAMSOUMI. In case of (temporary) exhaustion of stock SAMSOUMI retains  reserves the right not to accept an order.
   2. Price quotations are always subject to change. In case of temporary offers with limited validity or special conditions, SAMSOUMI will explicitly mention this in the webshop.
   3. SAMSOUMI sees to it that the description and image of each product on the webshop are as truthful as possible. The product description always includes a mention of substances present which may cause allergy and/or intolerance. In case of serious discrepancy between the goods and the description and/or representation, SAMSOUMI notifies the customer without delay and SAMSOUMI reserves the right to abandon the delivery subject to refund of the already paid. SAMSOUMI is hereby only held to an obligation of means as far as the accuracy and/or completeness of the information offered on the website and in the webshop is concerned and bears no liability for material errors such as typing errors.

 

ARTICLE 3 - ORDERS

1. 1. Orders placed by the customer are final only upon receipt of an order confirmation by SAMSOUMI. Changes to a placed order are only possible after contact and written confirmation by SAMSOUMI and, in view of the nature of the products offered, will depend, among other things (but not exhaustively), on the nature of the desired changes and the production phase in which the order is currently in.
   2. SAMSOUMI delivers its products only in following countries: Belgium and the Netherlands. If a different delivery address is provided during the ordering process, SAMSOUMI reserves the right to abandon or refuse delivery of the order.
   3. Payment shall be made in advance in accordance with Article 6. Orders will only be prepared as soon as SAMSOUMI has received approval of the payment transaction. Orders without valid payment in the name of the registered cardholder will not be accepted or processed.
   4. Cancellation of the order is possible only to the extent that the order has not yet been processed by SAMSOUMI.

 

ARTICLE 4 - PERSONALIZATION

1. 1. Personalization is possible for the following products: cupcakes, cakes, macarons, cookies, chocolate pralines or pastries and only for orders of a certain size. For more information about the possibilities of personalization, please contact SAMSOUMI.
   2. An additional cost is charged for personalizing the aforementioned products. The rates for this are always communicated to the customer prior to completing the order.
   3. The customer, to the exclusion of SAMSOUMI, is responsible for the accuracy and completeness of information provided to personalization. In case of discrepancies in the information provided, the customer shall bear all expenses that could result from it.
   4. In the case of a personalized order, SAMSOUMI reserves at all times the right not to accept the order. This can be done if SAMSOUMI considers the request technically not feasible or if it is not in line with SAMSOUMI's values and standards. SAMSOUMI will inform the customer of this within 24 hours of receiving the order.

 

ARTICLE 5 - REPRESENTATION

1. 1. By placing an order in the webshop, the customer commits himself definitively. Any person or company that places an order on behalf of third parties or with the request to invoice them to third parties makes a commitment to these third parties in accordance with article 1120 (old) B.W. and will be personally liable for payment.

 

ARTICLE 6 - PRICES AND PAYMENTS

1. 1. The prices listed in the webshop are displayed in euros (€) and are always inclusive of VAT (21%) and exclusive of other costs (including handling and shipping costs), unless explicitly agreed otherwise.
   2. From the moment an order is placed by the customer and confirmed by SAMSOUMI, there is an obligation of payment on the part of the customer.
   3. The prices and purchase terms used by SAMSOUMI are those as posted in the web shop at the time of order. Associated photos are for illustrative purposes only and may contain elements not included in the price.
   4. Orders are payable in cash, with all payments to be made at the address of SAMSOUMI's registered office.
   5. Orders in the web shop must be paid in full when completing the ordering process. This payment can be made in one of the ways shown during the ordering process. SAMSOUMI accepts the following methods of payment: Bancontact Mister Cash, Maestro, Mastercard, Visa , iDEAL.

 

ARTICLE 7 - DELIVERIES

1. 1. Shipping of products is possible in cases where it is explicitly indicated during the ordering process.
   2. Shipping costs may vary depending on the size of the order and place of delivery and are always posted in the web shop.
   3. Shipments and deliveries are made only within Belgium and/or the Netherlands.
   4. Orders are always delivered on the date indicated. The delivery period is always indicative and depends on the concrete circumstances (e.g., size of the order and availability of drivers). Exceeding the indicated delivery date shall in no case give rise to compensation or the right to abandon the order.
   5. Orders can also always be picked up at the address of SAMSOUMI's registered office (Krullart Street 7 5211 HR's-Hertogenbosch). This is only possible during opening hours, which are always available on the website www.momadecupcakes.be.
   6. Orders not picked up within the three days will be
      destroyed, without any right for the customer to a refund of payment.
   7. Products eligible for shipment or delivery are always transported refrigerated under isothermal packaging so that the quality of the products is maintained as best as possible. SAMSOUMI is not responsible for changes in quality resulting from late pickup or receipt by the customer.

 

ARTICLE 8 - CONSUMER RIGHT OF WITHDRAWAL

1. 1. The customer has a legal cooling off period of 14 calendar days from the day after receipt or delivery to renounce the order without giving reasons. At the request of the customer SAMSOUMI will provide the necessary forms for this purpose.
   2. However, the above right of withdrawal does not apply to personalized orders, orders containing perishable goods (food) with limited expiration dates, sealed goods or to orders placed by the customer in a professional capacity and/or for professional purposes.
   3. In case of revocation, the return expenses shall be borne by the customer. The customer is solely responsible for transportation and any loss or damage.
   4. Returned goods must be in impeccable condition and will only be accepted if returned unused in their original packaging accompanied by proof of purchase. In case of use,  damages or absence of proof of purchase and packaging, the right of revocation shall lapse.
   5. SAMSOUMI will refund the purchase price of the returned goods within 14 calendar days of receiving the return.

 

ARTICLE 9 - LIABILITY

1. 1. The customer agrees to check his/her order thoroughly upon receipt. Visible defects, qualitative or other shortcomings in the products or service must be reported in writing (info@momadecupcakes.be) to SAMSOUMI without delay and at the latest within 24 hours of receipt, on pain of forfeiting any right to a refund.
   2. SAMSOUMI always provides the necessary warning when its products contain ingredients that may cause an allergic reaction or intolerance. The customer should contact SAMSOUMI prior to placing an order in case of a known allergy in case of doubt whether the desired products contain certain ingredients. SAMSOUMI bears no liability for allergic reactions to ingredients or food intolerances that may occur.
   3. SAMSOUMI puts its webshop at your disposal and tries to provide a periodic maintenance so that the connections are as error-free as possible. This does not exclude the possibility that access to the webshop is occasionally restricted or suspended in order to carry out improvements and/or maintenance. The commitment regarding the management of the web shop is an obligation of means.
   4. Except for any express provision to the contrary in these Terms and Conditions, both SAMSOUMI's contractual and extra-contractual liability to the customer shall be limited to the liability mandatorily imposed by law and shall in any event be limited to the lesser of the following two amounts: (1) the respective invoice amount (excluding VAT); (2) the amount received by SAMSOUMI from its insurer under the Civil Liability policy entered into by SAMSOUMI in connection with the respective liability case.
   5. In the event of an attributable failure, SAMSOUMI's liability will always be limited to the amount effectively paid on the last order placed.
   6. The customer acknowledges and accepts that SAMSOUMI may also assert against the customer the exceptions and exonerations that a manufacturer or supplier with whom it cooperates, if any.

 

ARTICLE 10 - FORCE MAJEURE AND RIGHT OF TERMINATION

1. 1. SAMSOUMI reserves the right in case of an unforeseeable and non-attributable event, including supply problems with suppliers, legal obligations, epidemic, pandemic, wildcat strike, embargoes, technical failures, network failures, etc., to suspend the execution of the order, or to dissolve the agreement without judicial intervention subject to simple written notification and this subject to refund of the paid amount, but without any obligation to pay damages. In such case SAMSOUMI reserves the right to make partial deliveries, which will be deducted from the refundable amount.
   2. SAMSOUMI  reserves the right to cancel the order by operation of law and without prior notice if there are objective reasons indicating a risk of insolvency or non-liquidity on the part of the customer, including bankruptcy, apparent insolvency and so on.

 

ARTICLE 11 - EQUIPMENT RENTAL

1. 1. The rental of equipment is entered into under the conditions set forth below, unless otherwise agreed to in writing by the parties.
   2. The rental is always entered into for a period of up to four consecutive calendar days.
   3. In case of late return of the rented equipment, compensation will be charged in the amount of 10% of the invoice amount per day that the rented goods are returned late.
   4. When renting equipment, a rental deposit of 100 euros is always charged.
   5. The rental starts from the day on which the equipment is made available to the renter, or to the transporter appointed by the renter.
   6. The rental ends on the day of return of this material to the SAMSOUMI depot, regardless of whether the renter returns the rented material himself or the rented material is signed out by the renter and then collected by SAMSOUMI.
   7. Failure to pick up rented materials on the agreed date at the start of the rental period, in no way implies that the renter is not obliged to pay compensation corresponding to the agreed duration of the rental agreement, or in the absence of an end date, compensation corresponding to the actual damages suffered by SAMSOUMI.
   8. Pending collection of the rented material by SAMSOUMI, the material must be secured by the renter against theft and vandalism. I.e., the renter must ensure that the material is always stored in a locked place. In the absence of a locked place in the vicinity, the lessee should provide all possible safety measures so that the rented equipment cannot be stolen or damaged by vandalism. The risk of disappearance due to theft or damage rests with the lessee until the moment of collection.
   9. The lease shall be deemed terminated in the event of:

• Failure or disappearance of the tenant's legal entity;
• Serious fault or default on the part of the tenant;
• Violation of general rental conditions;
• Failure to meet payment obligations.

1. 1. Unless the renter voluntarily returns the good, SAMSOUMI has the right to retrieve the rented materials without any reminder or judicial authorization at the place where the materials are stored. The renter is also obliged to pay the remaining rent (until the scheduled end of the agreement), as well as any material damage to the rented material and loss of income during the period of repair or replacement, plus liquidated damages corresponding to the rent of the material in question for 14 days. If in reality SAMSOUMI's damages are even higher, the lump sum damages may be increased to the real damages suffered by SAMSOUMI.
   2. SAMSOUMI remains the owner of the rented materials. Ownership is never transferred to the renter, except by express written agreement. Any failure to return a rented item will be considered an abuse of trust.
   3. The lessee is obliged to immediately notify SAMSOUMI of any change in his corporate form, seat, activities, as well as of any failure of the lessee's legal entity. The renter also immediately informs if third-party creditors have attached the rented materials or if the materials are the subject of a judicial attachment. In this case, the renter also notifies the creditors/curator of the rental contract and SAMSOUMI's retention of title.
   4. Damages caused to the rented goods during the rental period are the full responsibility of the renter (including theft and vandalism). The renter is obliged to reimburse SAMSOUMI for the disadvantage suffered by SAMSOUMI due to damage, destruction, loss or disappearance of the equipment. The prejudice consists of the repair of the material damage (including loss of value), the replacement of the destroyed or disappeared material, as well as all prejudicial consequences resulting from the damage, destruction or disappearance of the rented material. In this case, the lessee must also be responsible for the loss of rental income from the moment the damage occurred until the moment the material (or the replacement material) can be used again for renting.
   5. The renter will not be able to invoke fault of third parties or force majeure against SAMSOUMI. The renter is obliged to properly insure the rented property for all possible risks and must explicitly mention SAMSOUMI as co-insured.
   6. The renter will also be liable for all damages caused to third parties. The renter will indemnify and relieve SAMSOUMI if he is held liable by third parties due to damages caused by the rented equipment during the rental period of the renter.
   7. The renter is responsible for any risk and liability arising from the transport of the rented equipment if this transport is carried out by the renter himself. The renter declares to be aware of the specifications (weight, size, ...) of the rented material and is responsible for the correct compliance with the applicable highway code and regulations concerning the transport of the rented materials.
   8. At all times, the renter is obliged to notify SAMSOUMI within the shortest possible period of any damage, destruction or disappearance of the objects delivered.

 

ARTICLE 12 - PRIVACY AND DATA PROTECTION

1. 1. SAMSOUMI recognizes the importance of secure processing of personal data in accordance with prevailing national regulations, as well as Regulation (EU) 2016/679 and endeavors to comply with them.
   2. During the ordering process in the webshop, the following information is requested: name, first name, country, address, phone number, mail address, payment card details and/or VAT number. This data is necessary for SAMSOUMI to fulfill the order. The personal data collected by SAMSOUMI will be used exclusively to keep the customer informed about the order, delivery, as well as any targeted purpose for which the customer has explicitly consented. SAMSOUMI acknowledges to process the personal data confidentially for the benefit or on behalf of the customer. No further personal information will be processed without SAMSOUMI obtaining the necessary consent.
   3. Except in the cases provided for by law or in cases of extreme necessity, personal data will under no circumstances be transmitted to third parties, except with the express prior and written consent on behalf of the customer or when SAMSOUMI uses third parties for the production or delivery of the order. In such case, SAMSOUMI will ensure compliance with the relevant legislation by these third parties.
   4. SAMSOUMI undertakes to take the necessary technical and organizational measures to prevent the loss or any other form of unlawful processing of personal data, taking into account the state of the art, the sector concerned and the nature of the processing.
   5. To ensure the security of your personal data, the web shop is equipped with an SSL certificate, which encrypts the personal and transaction data transmitted to SAMSOUMI. Payments are made using the online payment service Mollie.
   6. The data collected by SAMSOUMI for the purpose of handling the order may be consulted at any time upon written request to SAMSOUMI (info@momadecupcakes.be).
   7. Personal data requested when completing an order will not be kept longer than necessary to complete the delivery of the order.

 

ARTICLE 13 - INTELLECTUAL PROPERTY

1. 1. All texts, illustrations, images and graphic designs remain the artistic and intellectual property of SAMSOUMI and are protected by copyright. Any reproduction, in whole or in part, is strictly prohibited. SAMSOUMI reserves the right to use on order or custom-made products by way of reference and promotion.

 

ARTICLE 14 - DISPUTE RESOLUTION

1. 1. Only the Courts of the judicial district in which SAMSOUMI's registered office is located are competent to take cognizance of any disputes arising from the order placed or the general conditions, without prejudice to SAMSOUMI's right to bring a dispute before the court of the customer's domicile.
   2. These general terms and conditions and all actions resulting from them are governed by Belgian law and should be interpreted accordingly.