Article 1 : Scope of application

These terms and conditions as well as professional uses are valid and exclusively applicable for all sales and services provided by FOODIZ. These terms and conditions cancel and replace those of the client and can only be waived with the express written agreement of FOODIZ. The placing of an order or the receipt of the material by the client implies his irrevocable acceptance of these terms and conditions as well as those additional, appearing on the order form and here considered to be fully reproduced.

Article 2 : Order – modification - cancellation

Any order placed by the client is irrevocable for him while it will only bind FOODIZ after its written acceptance or from the moment when the execution of the services has begun. 

Any modification to the original order shall only come into effect after written approval by FOODIZ. It can only be accepted insofar as the purchase of the products and/or the preparation of the dishes has not been partially or totally committed. 

Any modification in any way whatsoever, by or on behalf of the client, and which is accepted by FOODIZ, may be invoiced in addition and extend the execution time. 

No total or partial cancellation of a confirmed order can be accepted without the written agreement of FOODIZ. In this case, FOODIZ reserves the right to invoice:

• 50% of the total amount of the invoice of the event if the cancellation occurs 48 hours before the event
• 100% of the total amount of the invoice of the event if the cancellation occurs 24 hours before the event

Article 3 : Prices and payment 

Information and data, for example relating to prices and products, contained on the FOODIZ website, are only contractual insofar as they are expressly confirmed in writing by FOODIZ. In all cases, and unless otherwise stipulated, the prices and conditions appearing in FOODIZ offers are only valid for a period of 7 days. The prices of FOODIZ apply only to the services and/or deliveries expressly described in the offers, to the exclusion of all other materials, services or investments. If these are ordered by the client, they will be invoiced additionally.

Unless otherwise provided, invoices are payable immediately in cash at the time of delivery and at the registered office of FOODIZ, or to the bank institution mentioned on those invoices.

When the client places and order, FOODIZ reserves the right to invoice a deposit of 40% of the total price including VAT, the balance being due and payable upon delivery. Incomplete supply of an order can in no case justify the refusal of payment by the client of the goods or the services delivered. 

Any invoice or amount unpaid at its due date automatically and without prior notice produces interest of 1,5% per month until the day of full payment. In addition, this invoice or amount will be automatically and without notice increased by an indemnity of 10% with a minimum of €150, and this as a fixed and irreducible penalty clause, without prejudice to any other damages which may be due.

Article 4 : Receipt and claim

The client undertakes to inspect the products at the time of delivery for quality, quantity and suitability in relation to the order. The absence of any complaint shall constitute irrevocable acceptance of the order. In any case, both the services and the invoices of FOODIZ will be considered as final and accepted by the client if they are not the subject of a complaint by registered mail or by e-mail within 3 days. 

Article 5 : Obligations and responsibility

Unless explicitly stated otherwise, FOODIZ is only bound by an obligation of means in the execution of its services.

FOODIZ declines any liability whatsoever:

• for delays or stoppages in delivery in the event of an incorrect address given by the client or difficulties in accessing the client's premises;
• for misunderstandings, delays or poor transmission of orders and communications resulting from the use of the internet, an external platform or any other means of communication;
• in case of direct consequences of fortuitous events or force majeure that prevent or hinder the execution of the contract (bad weather, traffic accidents, traffic jams, etc.);
• for any liability in the event of an allergic reaction to the various products that may be used by FOODIZ (gluten, eggs, fish, milk, cereals, etc.) as well as the risks incurred in the event of conservation and/or consumption of the products after the delivery date;
• for the damage of any kind affecting the client's property or that of his guests, even if this damage is the result of his gross negligence or slight unintentional fault;
• etc.

The client shall indemnify FOODIZ against any claims that may be brought against it by third parties to the contract, including in particular that of its personnel. If FOODIZ's liability should be proven, it is, in any case, expressly limited to the lowest of the following amounts: (i) the amount for which it is insured by its insurer or (ii) the amount corresponding to the value of the products ordered on the site and on which the client bases his claim.

Article 6 : Processing of personal data

The personal data of the client is collected and stored by FOODIZ, in particular for the following purposes: execution of orders (processing necessary for the execution of the contract), client management (processing necessary for the execution of the contract and compliance with legal obligations), marketing activities with a view to informing and promoting products of FOODIZ (legitimate interest in promoting its commercial activities to the client). The client who does not wish to be contacted by FOODIZ in the context of direct marketing actions may at any time object to the Processing by contacting FOODIZ. The client can ask FOODIZ for access to personal data concerning him, the rectification of those that are inaccurate, incomplete or irrelevant, the limitation of the processing or the deletion of his data under the conditions as stated by the General Data Protection Regulation (“GDPR”). The client also has the right to the portability of his data during the entire period of data processing by FOODIZ. The client also has the right to file a complaint with the competent supervisory authority.

Article 7 : Void, invalid or not complied provisions

If any provision of these terms and conditions turns out to be invalid, illegal or inapplicable in any respect for any reason whatsoever they will be deemed null and void, and the other provisions will remain unaffected. If one of the provisions is void or invalid, this void or invalid provision will be replaced, as far as possible, by a valid provision which will come as close as possible to the original objective of the parties. The non-application by FOODIZ of one or more provisions of these terms and conditions cannot be considered as a waiver of it, nor as a limitation of its rights or obligations. In case of any inconsistency or difference of interpretation between the terms and conditions in French and the present terms and conditions, the text in the French language shall prevail.

Article 8 : Applicable Law and disputes

These general conditions and any contract between parties are subject to Belgian law. The courts of the registered office of FOODIZ, in French language, shall have exclusive jurisdiction to hear any dispute concerning the Contract, without prejudice only to the possibility for FOODIZ to choose to sue the client before the court of its registered office.