General terms and conditions of sale
The following Terms and Conditions govern the relationship between GDM-Food located at the following address Drève André Dujardin, 22-23-24 7700 Mouscron, Belgium (VAT number: BE 0848 248 370), and, the person wishing to consult the site and make a purchase, hereinafter referred to as the "Customer".
These conditions aim to provide the Customer with the necessary information concerning the rights and obligations applicable to the use of the website https://gdm-food.com
By placing an order on the GDM-Food website, the Customer explicitly and unconditionally confirms acceptance of the rights and obligations under these Terms and Conditions. These terms and conditions govern exclusively the distance sales of the products offered on the website. Products (hereinafter also referred to as "merchandise"), which are also available for sale in the store, are therefore not subject to these terms and conditions.
GDM-Food reserves the right to modify the terms and conditions and to communicate the new version to the users via the website or e-mail.
The Customer has full legal capacity and is aware of the limitations and risks associated with the use of the Internet and the storage and transfer of digital information. GDM-Food cannot be held responsible for any damages due to the use of its website or the links contained therein. It is the Customer's personal responsibility to ensure that the sites or Apps they visit are free of viruses or other programs that may cause damage to their devices.
2. Vendor Identification
GDM-Food
Drève André Dujardin, 22-23-24
7700 Mouscron, Belgium
Tel: +32 56 34 27 07
VAT number : BE 0848 248 370
ECB number : 0848 248 370
Readywise product contact: contact@gdm-food.com
3.Conclusion of the distance selling
By placing an order, the Customer accepts these terms and conditions and agrees to pay the full amount due.
To order a product online, the Customer adds the product(s) he wishes to purchase to the shopping cart. Then, he/she clicks on the "Proceed to payment" button and fills in his/her personal contact and delivery data. The Customer then clicks on the "Continue to Shipping" button and can see that GDM-Food offers and manages the delivery. The Customer then clicks on "Continue to Payment". Many payment methods are available; Bancontact, VISA, Mastercard, Maestro, American Express or PayPal. The Customer then selects their billing address and checks that they have read and agree to the terms and conditions of sale.
To complete the order, the Customer clicks on the "Pay Now" button.
Note that the Customer also has the choice to pay with an express payment method with Shop Pay, PayPal and Google Pay when filling in their personal data.
Since the products are offered for sale both in-store and online, and inventory management is not automated, it is possible that the inventory status, if displayed on the website, may not be up to date. In the event that the product is sold out in whole or in part, GDM-Food will contact the Customer to accommodate the Customer's needs in the best possible way. If the product is not suitable for the Customer, a refund will be executed as soon as possible by GDM-Food. The prices indicated on the site are valid on the day of the consultation of the site, except for display errors for which GDM- Food cannot be held responsible.
The sale will only be concluded upon receipt of the confirmation email.
4. Refusal of an order
For the safety of both parties, GDM-Food reserves the right to request additional information from the Customer and to refuse the execution of the order in the absence of an adequate response. GDM-Food will also refuse to execute the order in cases where it can be assumed that the Customer is ordering the goods for professional or commercial purposes or intends to resell the goods or the order contains an abnormal quantity or there is a strong presumption of bad faith on the part of the Customer or the stock is exhausted, an item is no longer available or there is an obvious error in the price or description of a product.
5. Prices
All prices are quoted in Euro, including VAT.
The indicated prices can always vary. When you place an order, the effective price for that purchase is the price in effect at the time of that order.
Delivery costs are included in the sales price.
6.Transfer of ownership
All risks of loss and damage to the goods concerned are transferred to the Customer upon receipt of the package. It is therefore very important to inspect the product(s) upon receipt. It is the responsibility of the customer to immediately refuse to take possession of the goods upon delivery if he notices any problem with the goods.
7.Delivery
Once payment has been verified, GDM-Food will seek the best solution to deliver, at its expense, the goods to the address indicated by the Customer.
Products are generally delivered to the Customer's address via Bpost for Belgium, and by DHL, Colissimo and post GDLux for France, the Netherlands or Luxembourg.
It is possible that GDM-Food uses other reputable carriers for delivery, especially for larger orders, such as long term packages.
Products are delivered to the address or pick-up point indicated by the Customer. A signature or proof of identity of the Customer (or a copy) may be required upon delivery.
In the absence of the Customer at the time of delivery, the deliveryman leaves a notice in his mailbox mentioning the post office in which the Customer will be able to collect his goods, as soon as possible, upon presentation of his identity card and the notice.
In the event of delivery to a collection point, the Customer may collect the parcel there on the next working day after the parcel is deposited in the Bpost network. He has 15 days to pick up his parcel at the collection point.
In case of delivery to a package dispenser (bpack 24/7), the Customer can receive the package there on the next working day from 11 a.m. onwards, starting from the day the package is deposited in the Bpost network. The package distributors are accessible according to flexible schedules (up to 24 hours a day, 7 days a week). The customer has 5 days to pick up his parcel at the parcel machine.
If the package could not be delivered due to incorrect information provided by the Customer or the package was not picked up by the Customer, the package will be returned to GDM-Food. Shipping charges may be claimed from the Customer if the Customer reorders from GDM-Food.
Upon receipt of the merchandise, the Customer must immediately and carefully check the merchandise for shipping damage.
If the merchandise is damaged, the Customer shall refuse it and return it directly to the delivery person, clearly indicating his refusal to accept it due to its condition.
The Customer must notify GDM-Food within 24 hours of receiving the merchandise by sending an e-mail to: contact@gdm-food.com with possible photos. Otherwise, no refund will be made. If a complaint is made within the above mentioned time frame, GDM-Food will then take the necessary steps to find a solution and limit the inconvenience caused.
8.Delivery time
GDM-Food will do its best to assemble the order according to the available stock and have it delivered within a reasonable time frame by handing over the goods to a recognized courier service or a trusted carrier.
Once the packages are in their network, Bpost will deliver them to you:
The next working day for Belgium.
Within 3 to 4 days for France
Within 2 days for the Netherlands and the Grand Duchy of Luxembourg.
If the available stock does not allow the delivery as soon as possible, the customer will be informed by e-mail and informed of the probable delivery date.
9.Payment
Payment is made at the time of order via the website and several highly secure payment methods;
VISA, MASTERCARD, BANCONTACT, MAESTRO, PAYPAL, CALL PAY, GOOGLE PAY. This list is not exhaustive and may vary.
Once the payment is verified, the delivery process is initiated. GDM-Food remains the owner of the goods until the customer accepts the goods upon delivery.
10.Claims
Complaints following a delivery must be made by e-mail to contact@gdm-food.com within 24 hours of receiving the delivery. Otherwise, they will be rejected.
11.Withdrawal and return
The Customer may return any unopened (unsealed bucket) and unused goods within 14 days of purchase, in their original or equivalent packaging. After this period, no refund will be made.
The Customer is required to respect the products and to handle them with care. Any detectable alteration authorizes the company to refuse the return or refund.
In case of opening a sealed bucket, the Customer will be considered to have explicitly waived his right of withdrawal in accordance with the law.
The Customer is responsible for paying the shipping costs for the return of his order. In addition to these return costs, a fixed sum of 30€ will be charged to the Customer as restocking costs. The said sum will be deducted from the amount that will be refunded to him following his withdrawal.
To initiate a return the Customer must
Notify GDM-Food by sending an email to contact@gdm-food.com ;
Return the item to the GDM-Food address provided above as soon as possible and no later than 14 days after communicating his/her decision to withdraw from the purchase. If this period is not respected, the merchandise will be considered as not returned and no refund will be given to the Customer. The Customer is free to choose his mode of delivery knowing that the expenses and risks related to the return of the parcel are at his expense and that he must keep his own shipping documents as proof of sending in case of loss of the returned goods.
Returns shipped with a value greater than 180.00€ must be insured. GDM-Food is not responsible for returned goods that do not reach its headquarters.
In the event of a return from the Customer, GDM-Food will, after verification of the returned items, refund the Customer the purchase price of the merchandise less a restocking fee of 30€ within 20 business days of receipt of the merchandise. A refund will always be made to the account number through which the original order was paid.
The right of withdrawal does not apply to sealed products that cannot be returned for reasons of health protection or hygiene and whose seal was broken after delivery, making it impossible to sell them in new condition.
12.Refunds
GDM-Food will refund the returned merchandise if the conditions of retraction have been respected. The refund will be reduced by a flat fee of 30€ for restocking fees. As indicated above, the return shipping costs remain the responsibility of the Customer.
GDM-FOOD reserves the right to delay the refund until the returned goods are recovered.
No cash refunds will be available in store.
13.Legal warranty
For consumers, the legal guarantee of 2 years is applicable.
This guarantee only covers defects in conformity existing at the time of delivery of the goods. The lack of conformity must be reported within two months of its discovery. Any request for intervention must be addressed by mail to GDM-Food. When the customer appeals directly to the manufacturer under the warranty, the related costs are at the customer's expense.
In the event of delivery of a non-conforming product, GDM-Food undertakes, depending on the choice made by the Customer, to either refund the price of the product, or to exchange the product for an identical product depending on available stocks, or to exchange the product for a product of equivalent quality and price depending on available stocks. This request must be sent as soon as possible and in writing to GDM-Food's head office.
Contrary to the right of withdrawal, GDM-Food will reimburse the cost of returning the item for which the Customer has made use of the legal guarantee as long as it is done by the delivery person chosen by GDM-Food.
14.Liability
GDM-Food's liability shall not exceed the reimbursement of the costs of the material damage proven by the Customer and shall therefore not exceed one hundred percent of the amount actually paid by the beneficiary at the time of the execution of the order.
15.Disputes
For any possible complaint, the Customer can contact GDM-FOOD by email at: contact@gdm-food.com
It is in everyone's interest to find an amicable solution but in the event that it proves impossible to agree, all disputes will be settled by Belgian law and will be under the jurisdiction of the courts of the judicial district of TOURNAI.
The parties accept the electronic means of proof (e-mail, backup, ...)
16.Force majeure
The occurrence of any event affecting one or both Parties, their suppliers or subcontractors, delaying or rendering impossible the performance of their respective obligations, such as late or non-delivery, strikes, lockouts, shortages, etc., shall suspend the performance of the respective obligations until notification of the end of the event. Neither Party shall be liable for the total non-performance of its obligations.
17.Unforeseen circumstances
If after the conclusion of the contract unforeseeable or unforeseen circumstances arise which make the performance of the contract by the Seller more difficult or more onerous, the Seller shall be entitled to suspend or adjust its obligations accordingly.
18.Non-waiver
GDM-Food's failure to enforce any of the provisions set forth in these terms and conditions shall not be construed as a waiver of its right to do so.
19.Safeguard clause
The invalidity, unenforceability or non-application of one or more clauses of these general terms and conditions or of the special contractual terms and conditions does not affect the validity of the other provisions of these terms and conditions which remain fully valid.
GDM-Food and the Customer agree to use their best efforts to replace the invalid, unenforceable or unenforceable provision or clause with a valid and enforceable provision whose effect is as much as possible the same as that provided by the disputed provision or clause. The obligations of the parties arising from a provision or clause that is invalid, unenforceable or unenforceable shall be suspended until it is replaced.