Article 1 – Definitions

Article 2 – Identity of the Company

Article 3 – Applicability

Article 4 – The offer on the Website

Article 5 – The realization of the Agreement

Article 6 – Orders

Article 7 – Right of withdrawal

Article 8 – Obligations of the Consumer during the cooling-off period

Article 9 – Exercise of the right of withdrawal by the Consumer and costs thereof

Article 10 – Obligations of the Company at withdrawal

Article 12 – Prices

Article 13 – Legal guarantee – conformity of the Products

Article 14 – Delivery and execution – reservation of ownership

Article 15 – Continuing performance: duration, termination and extension

Article 16 – Payment

Article 17 – Processing of personal data – Cookies

Article 18 – Liability

Article 19. – Intellectual property

Article 20 – Complaints

Article 21 – Disputes

Article 22 – Customer service – Contact details

 

Article 1 – Definitions

For the purposes of these general terms and conditions:

« Ancillary agreement » means an agreement where the Consumer acquires Products in connection with a distance contract and these Products are delivered by the Company or by a third party based on an agreement between that third party and the Company;

« Withdrawal period » means the period within which the Consumer can exercise his right of withdrawal;

« Consumer » means the natural person who is not acting for purposes related to his trade, business, craft or profession;

« Day » means calendar day;

« Digital Content » means data produced and delivered in digital form;

« Duration agreement » means an agreement that aims at the regular supply of Products during a certain period of time;

« Durable Data Carrier » means any device – including e-mail – that enables the Consumer or Company to store information addressed to them personally in a way that allows for future consultation or use for a period of time appropriate to the purpose for which the information is intended, and which allows for unchanged reproduction of the stored information;

« Right of Withdrawal » means the possibility for the Consumer to waive the distance contract within the cooling-off period;

« Model withdrawal form » means the European model withdrawal form included in Annex I of these general terms and conditions;

« Distance contract » means a contract concluded between the Company and the Consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby, up to and including the conclusion of the contract, exclusive or co-use is made of one or more techniques for distance communication;

« Products »: the products as reflected and described on the Website, i.e. prepared meals, dishes and (soft) drinks or other refreshments.

« Technology for distance communication »: means that can be used for the conclusion of an agreement, without the Consumer and Entrepreneur having to be physically together in the same room at the same time.

Article 2 – Identity of the Company

2.1.      The website « Eat Casper », available at https://www.eatcasper.com/ (hereinafter: the « Website »), is operated by BV Spookje, with registered office at Lange Violettestraat 4, 9000 Ghent (Belgium), acting under the brand name ‘Casper’ (hereinafter also: the « Company »).

2.2.      Information and data of the Company:

Name and legal form: Spookje BV

Trade mark and commercial name: ‘Casper’ and ‘Eat Casper

Location: Lange Violettestraat 4, 9000 Ghent

Branches (pick-up points):

Casper Gent Casper Antwerpen Casper Leuven Casper Ixelles Casper Liège Casper Brugge
Lange Violettestraat 4
9000 Gent
Scheldestraat 93
2000 Antwerpen
Savoyestraat 2
3000 Leuven
Rue Lesbroussart 118
1050 Ixelles
Bd de la Sauvenière 172
4000 Liège
Langestraat 80
8000 Brugge

E-mail address: feedme@eatcasper.com

Company number (KBO): 0736.957.005

VAT number: BE736.957.005

Article 3 – Applicability

3.1.      These general terms and conditions apply to every offer made by the Company and to every Distance Contract and/or Additional Agreement concluded between the Company and the Consumer.

Any transaction made through the Website, including orders and purchases, implies the explicit, unconditional and irrevocable acceptance, without any reservation, of these general terms and conditions by the Consumer, who is deemed to have taken note of them. These general conditions constitute the entire agreement between the Company and the Consumer regarding the object to which they relate and replace any prior verbal or written agreement in this respect. These general terms and conditions always take precedence over any general or special terms and conditions of the Consumer. The possible invalidity and/or nullity of any provision of these general terms and conditions shall not affect the validity and/or enforceability of all other provisions referred to.

3.2.      These general terms and conditions can be consulted under the heading ‘General Terms and Conditions’ on the Website.

3.3.      The Company is not responsible for the general or special terms and conditions or policies of companies or service providers of the Company that operate the ordering platform for delivery / home delivery (Deliveroo (https://deliveroo.be/nl-be/legal), Uber Eats (https://www.uber.com/legal) or Takeaway.com (https://www.takeaway.com/be/algemene-voorwaarden) or for pick-up / collection (Deliverect).

3.4.      Before the distance contract is concluded, the text of these general terms and conditions (containing the information required by Article VI.45, § 1 WER) shall be made available to the Consumer. If this is not reasonably possible, before the Distance Contract or Additional Contract is concluded, the Company shall indicate in what way the general terms and conditions can be inspected at the Company and that, at the Consumer’s request, they will be sent free of charge as soon as possible.

If the Distance Contract or Additional Contract is concluded electronically, in deviation from the previous paragraph and before such contract is concluded, the text of these general conditions may be made available to the Consumer electronically in such a way that it can be easily stored by the Consumer on a durable data carrier. If this is not reasonably possible, before the Distance or Additional Agreement is concluded, it will be indicated where the general conditions can be viewed electronically and that, at the Consumer’s request, they will be sent electronically or otherwise free of charge.

3.5.      The Company may unilaterally amend the provisions of these General Terms and Conditions at any time. Changes will be announced on the Website and/or by electronic means. Any purchase will be subject to the version of the general terms and conditions applicable at the time of the Company’s acceptance of the order. Continued use of the Website will be considered as acceptance of the new general terms and conditions. These general terms and conditions were last amended on 19 February 2021.

Article 4 – The offer on the Website

4.1.      If an offer has a limited validity period or is made subject to conditions, this will be explicitly stated on the Website. The Company cannot be held liable for the unavailability of a particular Product. The offer is valid while stocks last and can be modified or withdrawn by the Company at any time.

4.2.      The Website contains a complete and accurate description of the Products offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Consumer. If the Company uses pictures, they are truthful images of the offered Products. Obvious mistakes or obvious errors in the offer do not bind the Company.

The information and offers provided on the Web Site, including the images and description of the Goods, are of a general and indicative nature and are not adapted to personal or specific circumstances, can in no way be considered as personal advice or a contractual commitment and cannot give rise to any compensation or termination of the agreement. The information and offers on the Website are available as is, without any guarantees being given. The use of the Website and the information contained therein is at your sole risk. More information can also be found in our terms of use disclaimer: https://www.eatcasper.com/disclaimer.

4.3.      Each offer contains such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.

4.4.      The Products are, at the time of sale, in accordance with all applicable regulations on (food) safety, hygiene, health, fair market practices and consumer protection.

Article 5 – Establishment of the Agreement

5.1.      The Agreement shall, subject to the provisions of Article 5.3 below, be concluded at the time of acceptance by the Consumer of the offer and the fulfilment of the conditions thereby stipulated.

5.2.      If the Consumer has accepted the offer electronically, the Company (whether through a third party platform or not) will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the Company, the Consumer may dissolve the Agreement.

5.3.      The Agreement will be concluded in Dutch. By placing an order and accepting these general terms and conditions, the Consumer confirms that the Dutch language is understandable, clear and unambiguous to him.

5.4.      If the Agreement is concluded electronically, the Company will take appropriate technical and organizational measures to secure the electronic transmission of data and will ensure a safe web environment, whether or not through a third party that provides the ordering platform (e.g. Deliveroo or Deliverect). If the Consumer can pay electronically, the Company or aforementioned third party shall observe appropriate security measures for this purpose. For more information on data protection, the Consumer can consult our privacy policy: https://www.eatcasper.com/privacy.

5.5.      The Company will electronically archive the concluded Contracts and make them available to the Consumer on a durable medium.

5.6.      The Company may, within legal frameworks, inform itself whether the Consumer can fulfill his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this research, the Company has good reason not to enter into the agreement, it is entitled to refuse an order or application or to attach special conditions to the execution.

Article 6 – Orders

6.1.      Only the orders placed through the Website and / or Deliveroo, Uber Eats, Takeaway.com (for delivery / home delivery) or Deliverect (pick-up / collection) are registered.

Throughout the purchase procedure, the Consumer sees an overview of the ordered Products with all prices and costs listed. Throughout the purchase procedure, the Consumer can see at the top which stage of the purchase procedure he is in by means of a visual guide. When the Consumer has made the payment, he enters into a contractual commitment and the order is considered final (see also Article 5 above).

6.2.      The Consumer will receive, via electronic means, from the Company or the operator of the ordering platform (Deliveroo or Deliverect), a confirmation of the receipt of his order and his payment.

6.3.      In case of problems related to the functioning of the database(s) via the Website or third party (ordering) platforms, in particular in case of attempted fraud, an incomplete or incorrect order, the provision of clearly incorrect data, the non-payment of previous deliveries or the refusal of approval by the Consumer’s financial institution, the non-confirmation of the payment via web banking by the institution that must ensure the technical realization of this payment or any (other) serious shortcoming of the Consumer regarding the orders in which the Consumer is involved, the Company reserves the right to suspend or refuse the confirmation of the order and consequently the delivery, without any justification.

6.4.      Any modification of the order by the Consumer after confirmation by the Consumer of the order is subject to its express and written acceptance by the Company. In the event of a request by the Consumer to change the order after dispatch of the Products, only the withdrawal procedure described in articles 7 et seq. below shall apply.

6.5.      In case of unavailability of ordered Products, the Company shall immediately inform the Consumer and offer him an alternative Product. If the Consumer does not agree to an alternative Product, the Company will refund the amount paid within 14 days of payment by the Consumer.

6.6.      The Consumer’s previous orders will be archived, without the Consumer having access to them.

Article 7 – Right of withdrawal

7.1.      The Consumer may, in principle, withdraw from an agreement relating to the purchase of products during a cooling-off period of 14 days without giving reasons. The Company may ask the Consumer about the reason for withdrawal, but may not oblige the Consumer to give his reason(s).

However, the Consumer has no right of withdrawal in certain cases, namely for the delivery of most Products by the Company. The Consumer acknowledges and accepts that, in accordance with Article VI.53, 4° and 6° WER, he has no right of withdrawal for:

the delivery of Products that spoil quickly or have a limited shelf life (such as most Products offered on the Website);

the delivery of Products which, after delivery, are by their nature irrevocably mixed with other products;
sealed Products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery.

Article 8 – Obligations of the Consumer during the Reflection Period

8.1.      During the reflection period (and to the extent that the right of withdrawal would be applicable), the Consumer shall handle the Product and its packaging with care. He shall only unpack or use the Product to the extent necessary to establish the nature, characteristics and operation of the Product. The starting point here is that the Consumer may only handle and inspect the Product as he would be allowed to do in a store.

8.2.      The Consumer shall only be liable for any reduction in value of the Product that results from a manner of handling the Product that goes beyond what is permitted in 8.1.

8.3.      The Consumer shall not be liable for any reduction in the value of the Product if the Company has not provided him with all legally required information on the right of withdrawal before or at the time of concluding the contract.

Article 9 – Exercise of the right of withdrawal by the Consumer and costs thereof

9.1.      If the Consumer exercises his right of withdrawal (as far as applicable), he shall notify the Company within the cooling-off period by means of the model withdrawal form attached as Annex I (not mandatory) or in any other unequivocal manner (in writing, by post or by e-mail): Casper, Lange Violettestraat 4, 9000 Ghent, e-mail: feedme@eatcasper.com

9.2.      As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the Consumer will return the Product, if applicable, or hand it over to (an authorized representative of) the Company. This is not necessary if the Company has offered to collect the Product itself. The Consumer has in any case complied with the return period if he returns the Product before the cooling-off period has expired.

The Consumer shall return the Product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the Company.

9.3.      The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the Consumer, if applicable.

9.4.      The Consumer shall bear the direct costs of returning the Product. If the Company has not indicated that the Consumer should bear these costs or if the Company indicates to bear the costs itself, the Consumer does not have to bear the return costs.

Article 10 – Obligations of the Company in the event of withdrawal

10.1.    If the Company enables the notification of withdrawal by the Consumer by electronic means, it shall send an acknowledgement of receipt of such notification without delay after receipt of such notification.

10.2.    The Company shall reimburse all payments made by the Consumer, including any delivery costs charged by the Company for the returned Product, without undue delay but within 14 days following the day on which the Consumer notifies his withdrawal. Unless the Company offers to collect the Product itself, it may wait with repayment until it has received the Product or until the Consumer demonstrates that it has returned the Product, whichever comes first.

10.3.    The Company shall use the same means of payment for repayment that the Consumer has used, unless the Consumer agrees to a different method. The refund is free of charge for the Consumer.

10.4.    If the Consumer has chosen a more expensive method of delivery than the cheapest standard delivery, the Company does not have to refund the additional costs for the more expensive method.

Article 12 – Prices

12.1.    During the period of validity stated in the offer, the prices of the offered Products will not be increased, except for price changes due to changes in VAT rates.

12.2.    Contrary to 12.1 and as far as applicable, the Company can offer Products of which the prices are linked to fluctuations on the financial market and on which the Company has no influence, with variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be stated with the offer.

12.3.    Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only allowed if the Company has stipulated it and

they are the result of statutory regulations or provisions; or
the Consumer has the power to terminate the contract from the day on which the price increase takes effect.
12.4.    The prices mentioned in the offer of Products include VAT, but exclude any delivery and/or shipping costs. The prices are stated in Euros and are valid on the day the Website is visited and/or the order is placed.

12.5.    The amount of any delivery, shipping, reservation, administrative or other costs is stated separately. A summary and calculation of these costs is displayed on the Website at any time prior to the confirmation of the order by the Consumer. The total amount owed by the Consumer, including the aforementioned costs, is always stated on the (web) page accompanying the confirmation of the order. Any additional payment over and above the agreed fee requires the express consent of the Consumer prior to the confirmation of the order.

12.6.    All other duties or taxes that arise between the time of the order and the time of delivery shall be borne in full by the Consumer.

12.7.    Ownership of the Products shall only be transferred upon full payment of the price by the Consumer.

Article 13 – Legal warranty – conformity of the Products

13.1.    The Consumer has, in principle, a legal guarantee under the Act of 21 September 2004 on consumer protection in the sale of consumer goods, but this will not apply to most of the Products on the Site given their nature: perishable Products or Products with a limited shelf life (i.e. the Company’s pre-prepared meals and dishes). This legal guarantee will apply, where applicable, from the date of delivery. Any commercial guarantee does not affect these rights.

13.2.    In order to invoke the guarantee, the Consumer must be able to present proof of purchase. Consumers are advised to keep the original packaging of the Products.

13.3.    For Products purchased online and delivered to the Consumer’s home, the Consumer must contact the Company’s customer service and return the Product to the Company at his expense.

13.4.    Upon discovery of a defect, the Consumer must inform the Company as soon as possible. In any event, any defect must be reported by the Consumer within a period of 2 months from its observation (but, given the nature of the Company’s Products, this is in principle impossible). Afterwards, any right to repair or replacement lapses.

13.5.    The warranty (commercial and/or statutory) shall never apply to defects caused by accidents, neglect, falls, use of the Product contrary to the purpose for which it was manufactured, non-compliance with the user instructions or manual, alterations or modifications to the Product, heavy-handed use, poor maintenance, or any other abnormal or incorrect use.

13.6.    Defects that become apparent after a period of 6 months following the date of purchase (but this is in principle impossible, given the nature of the Company’s Products), as the case may be, delivery, are not deemed to be hidden defects, unless proven otherwise by the Consumer.

Article 14 – Delivery and performance – retention of title

14.1.    The Company delivers the Products ordered through the Website to the home in [Ghent and Antwerp] at the time chosen by the Consumer. The Company only delivers to the home from Monday to Friday, not on Saturday, Sunday and public holidays.

14.2.    The place of delivery is the address that the Consumer has made known to the Company. If the Consumer is not present at the time of delivery, the Company will take back the Products and they will then be available for collection at the Company’s collection point (see Article 2.2 above).

14.3.    In addition, there is the possibility of collecting the Products at one of the Company’s selected collection points (see article 2.2 above). For this, the Consumer can register with feedme@eatcasper.com.

14.4.    Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery, must be reported by the Consumer to the Company without delay. Products that have left the Company or its branch(s) will not be exchanged or taken back under any circumstances.

14.5.    The risk due to loss or damage shall pass to the Consumer as soon as he (or a third party appointed by him, who is not the carrier) has received physical possession of the Products. However, the risk already passes to the Consumer upon delivery to the carrier, if the carrier was instructed by the Consumer to transport the Products and this choice was not offered by the Company.

14.6.    The delivered Products shall remain the exclusive property of the Company until the moment of full payment by the Consumer. The Consumer undertakes, if necessary, to inform third parties of the Company’s retention of title, e.g. to anyone who might seize the Products that have not yet been paid for in full.

Article 15 – Term transactions: duration, termination and renewal

15.1.    Termination:

The Consumer may terminate an agreement entered into for an indefinite period of time and which extends to the regular delivery of Products at any time subject to agreed termination rules and a notice period of up to one month.

The Consumer may terminate a fixed-term contract that was entered into for the regular delivery of Products at any time towards the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.

15.2.    The Consumer may terminate the agreements mentioned in the previous paragraphs:

terminate at all times and not be limited to termination at a specific time or in a specific period:

at least terminate them in the same way as they were entered into by him;

always terminate them with the same notice period as the Company has stipulated for itself.
15.3.    Renewal:

A contract entered into for a definite period of time for the regular delivery of Products may not be tacitly extended or renewed for a definite period of time.

A contract entered into for a definite period of time and which extends to the regular delivery of Products may only be tacitly extended for an indefinite period if the Consumer may terminate at any time with a notice period of up to one month.

15.4 Duration:

If a contract has a duration of more than one year, after one year the Consumer may terminate the contract at any time with a notice period of up to one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 16 – payment

16.1 The price is payable in full upon confirmation of the order by the Consumer.

16.2.    Unless otherwise stipulated in the contract or additional conditions, the amounts owed by the Consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the contract.

16.3.    The Consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the Company.

16.4.    In the absence of full and/or timely payment of one or more invoices, the Company shall be entitled, ipso jure and without prior notice, (i) to the payment of interest on arrears at a conventional rate of 10% per year on the unpaid invoice amount from the due date of each invoice until the date of full payment and (ii) to the payment of liquidated damages of 10% of the unpaid invoice amount, and this without prejudice to the Company’s right to claim higher damages upon proof of higher actual loss. However, in the event that the Company remains in default with regard to the Consumer in its capacity as a consumer, including the payment or reimbursement of certain amounts to the Consumer, the latter may claim payment by the Company of the same interest on arrears and/or liquidated damages as stipulated above.

16.5.    Without prejudice to the foregoing, the Company reserves the right to take back the unpaid Goods.

16.6.    The Website, or the ordering platform through which the Consumer orders and/or pays via the Website, is equipped with a security system for online payments that guarantees the confidentiality of the bank details and the security of the transaction (including by means of SSL (Secure Sockets Layer)).

Article 17 – Processing of personal data – cookies

17.1.    The Company takes care of the privacy of the Consumer and always acts in accordance with the provisions of the applicable data protection legislation. For more information about the processing of personal data, the Consumer can consult the privacy policy of the Company at: https://www.eatcasper.com/privacy.

17.2.    For more information on the use of cookies on the Website, the Consumer may consult the Company’s cookie policy at: https://www.eatcasper.com/cookies.

Article 18 – Liability

18.1.    Our liability (contractual and extra-contractual), both for direct and indirect damages, is always limited to the lower of the following amounts: (i) the amount for which it is insured with its BA insurer or (ii) the amount corresponding to the value of (the) Product(s) ordered on the Website and on which the complaint is based.

18.2.    Nothing in these General Terms and Conditions shall exclude our liability for fraud, wilful misconduct, equivalent gross negligence, death or personal injury.

18.3.    The Company is not responsible or liable for information, photographs, leaflets and other forms of information or marketing materials in so far as they have been issued without the responsibility of third parties.

18.4. The Company is not liable for misunderstandings, delays or improper transmission of orders and communications resulting from the use of the internet, external (ordering) platform or any other means of communication.

Article 19. – Intellectual Property

19.1.    All intellectual property rights related to the Products belong exclusively to the Company or its licensors.

In other words, the Consumer is prohibited at all times (including before or after termination of the Contract) from reproducing or communicating to the public (any design or creation of, in or linked to) the Products in any way whatsoever without the express prior written consent of the Company or its licensors.

19.2.    Nothing in these Terms of Use shall be construed as conferring any transfer or license of or relating to the intellectual property rights of the Company or its licensors to the Consumer.

19.3.    The Consumer acknowledges and accepts that the Products may be subject to protection by (intellectual property) rights of third parties. The Consumer declares to respect these rights and to indemnify the Company completely, in principal sum, interests and (judicial and lawyers’) costs, for any infringements on these rights committed by the Consumer.

Article 20 – Complaints Procedure

20.1.    The Company shall have a sufficiently publicized complaint procedure and shall handle the complaint in accordance with such complaint procedure available at

20.2.    Complaints about the execution of the agreement must be submitted to the Company fully and clearly described within a reasonable time after the Consumer has discovered the defects.

Complaints submitted to the Company will be answered as soon as possible.

Article 21 – Disputes

21.1.    Any dispute regarding the interpretation or application of these general terms and conditions, the contracts between the Company and the Consumer to which these general terms and conditions relate, or arising from any use of the Website, is subject exclusively to Belgian law.

21.2. Only the courts of Ghent, section (rechtbanken) of Ghent have jurisdiction. However, legal action brought by a Consumer against the Company may be brought either before the courts of the Member State in which the Company is domiciled or before the courts of the place where the Consumer is domiciled. Proceedings brought against a Consumer by the Company may be brought only in the courts of the Member State in which the Company is domiciled.

Article 22 – Customer service – contact details

The Company’s customer service can be reached by e-mail at feedme@eatcasper.com or by mail at the address: Casper, Lange Violettestraat 4, 9000 Ghent.

You can consult our complaints procedure at https://www.eatcasper.com/klachtenprocedure/.

 

ANNEX 1. MODEL WITHDRAWAL FORM

Dear Consumer,

 

You should only complete and return this form if you wish to withdraw from the contract.

 

To Casper (BV Spookje), Lange Violettestraat 4, 9000 Ghent (E.: feedme@eatcasper.com – T: 09 / 430 07 90),

 

I/We (*) hereby inform you that I/We (*) withdraw/retract from our agreement concerning the sale of the following Products (*):

 

Ordered on (*)/Received on (*):

 

Name/Names Consumer(s) :

Address Consumer(s) :

 

Signature of Consumer(s) (only if this form is submitted on paper):

 

Date:

 

(*) Delete what does not apply.

Terms & Conditions

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