Terms of service

1. General

The present terms and conditions of sale govern the relationship between TWOBROTHERS BV, who holds head office at Stuivenbergstraat 96/5, 8870 Izegem, Belgium, BCE number 0840.593.783, operating under the name of "ander® . cacao explorers", hereinafter called “the Vendor”, on the one hand, and any person or company ordering remotely (by means of placing an order online), for himself/herself or on behalf of a third party, for professional or private purposes, hereinafter called “the Customer”, on the other hand. Depending on the Customer’s specific position (consumer or otherwise), some clauses in these terms and conditions of sale may not apply.

TWOBROTHERS BV offers to sell the Customer products online through the online shop operated under the name "ander® . cacao explorers" and to be found at www.andercacao.com and its sub-domains (hereinafter, the "Website"). Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

2. Object
The products are described on the site www.andercacao.com in good faith and as accurately as possible. The Customer may obtain extra information on the products presented on the site by sending an email to explorers@andercacao.com. The presentation of the products is not binding on the Vendor and does not constitute an offer in the legal sense of the term.
The photographs, illustrations or videos visualising the products are not contractually binding. Under no circumstances shall the Vendor be held liable for any errors that may occur in them.

3. Information
The Customer declares to have been fully informed of the characteristics of the products he orders. He further certifies by using the Website.

- To be at least 18 years old and have full legal capacity;
- Not to impersonate any other person or entity, or use a false name or a name that he is not authorized to use; and not to use the Website for any unlawful purpose whatsoever and agrees to use it in accordance with applicable law;
- To have accepted the application of the General Conditions of Use and the Privacy Charter.

4. Orders
The products offered by ander® . cacao explorers are those listed on the Website on the day of its consultation by the Customer within the limits of available stocks. The products are presented on the Website, with the maximum of accuracy and precision in order to allow a complete description (photo, price, wording, composition), for information only.

The Customer may navigate freely on the pages of the website with no obligation to purchase.

The products offered on the Website being foodstuffs, which may deteriorate or expire quickly, the right of withdrawal does not apply to the Customer.

When ordering a product from the website, it is also possible to sign up for a customer account. The Customer must fill out a form to open an account. The Customer must also supply an email address and choose a password that shall remain personal and confidential and will later be required for purposes of identification on the site. The Customer accepts that entering these two forms of identification is deemed to be proof of his/her identity and his/her acceptance of these general terms and conditions of sale.

At any time, the Customer may view a summary of the selected products by clicking on “Cart”, correct any errors in the ordering information entered, finish selecting products and order the products by clicking on “Check Out”.

By clicking on “Complete Order”, the Customer completes his/her order. The order is recorded and the sale is complete. The Customer can no longer correct any data errors made when entering the order.

The confirmation email that the Vendor sends to the Customer concludes the contract and implies the Customer’s unconditional acceptance of these terms and conditions. 

At any time, the Customer can view the overview of the products he has selected, by clicking on "Cart" and continue his order. As soon as he clicks on "Complete Order", the Customer definitively confirms his order: the order is registered and the sale is definitively concluded. The Customer can no longer correct any errors made in the data entry of the order.

The contract is deemed to have been concluded upon confirmation by email and implies unreserved acceptance of these Conditions. The order confirmation includes details of the order.

The Vendor shall not be bound by the Customer’s order until written confirmation is sent that it agrees to process the order. The Vendor reserves the right to subject the order to other conditions, to suspend or refuse it, notably if the order proves to be incomplete, if the data supplied is obviously erroneous, if the Customer has failed to pay previous orders, or for any other reason that the Vendor may see fit.

The information given by the Customer when s/he places an order is binding: in the event of an error in the Customer’s name or address, the Vendor shall not be held liable for its inability to deliver the goods.

Orders shall not be final until they have been confirmed by payment of the order by the Customer.

Product offers are valid within the limits of available stocks. ander®'s product catalog is subject to continuous development. After validation of the order and in case of unavailability of the product, the Customer will be informed as soon as possible by email. The Customer may then, electronically, request the cancellation of the order, without it resulting in any further compensation to be paid by ander®.

5. Prices
The prices of the various products are given in euros (€) and include tax. The prices are net, before shipping costs. The Vendor reserves the right to change its prices at any time. The products, if available, shall nonetheless be invoiced in euros at the rates in force when the order was recorded. Placing an order implies accepting the price given for the chosen product.

Shipping costs, where relevant, are given separately when you process your order and must also be paid at the time of completing your order. The total price given in the order confirmation is the final price, including all taxes and costs.

Any order placed on the website and shipped outside Belgium may be subject to taxes and customs duties when it reaches its destination. The expense of the taxes and customs duties related to the delivery of an item are the responsibility of the Customer alone. The Vendor is not required to find out about and inform the Customer of any customs duties and taxes which may apply. 

6. Payment modalities
The items offered on the Website are shipped from Belgium. Invoices are issued in Euros and are subject to Belgian VAT (6%) and shipping costs (21%).
Any order dispatched to a European Union country other than Belgium is subject to VAT at the rate applicable in the country of dispatch, in line with the European Union’s authorised thresholds.

The Vendor accepts the following payment methods: VISA, MASTERCARD, AMERICAN EXPRESS, BANCONTACT and PAYPAL. The Customer shall receive confirmation by email on receipt of payment for his/her order.

Whatever payment method is used, the order shall not be taken into account until the payment has been validated. As long as the order has not been validated, it shall be recorded but not taken into account. Validation of the order is issued once authorisation to debit the account has been sent by the organisation that verifies and validates payment. The Vendor shall then send a confirmation email and the Customer’s account shall be debited.

The Vendor reserves the right to suspend the processing of an order if payment by bank card is denied or payment is not made. In these circumstances, the Vendor may consider the sale to be cancelled.

The Vendor guarantees full confidentiality of bank information secured by the SSL protocol, which automatically checks the Customer’s right to use the bank card and encrypts all transactions to ensure confidentiality.

7. Delivery 
Parcels will be dispatched from Belgium within a period of 1 to 10 working days following the payment of the order.

Delivery times may be delayed due to independent or external factors (licenses/administrative authorisations/customs fees, etc.). In any event, the Vendor is in no way responsible for the transport/delivery of the products, which is done at the Customer's risk, as well as for any defect or possible delay in this respect.

Furthermore, the Vendor declines all responsibility for the delay or non-delivery in the event of force majeure or events beyond its control, making it impossible or more costly to perform the Contract in whole or in part, or in the event of third parties, such as suppliers (subcontractors, agents and representatives), or in the event that the Customer fails to meet his commitments. Examples of force majeure include events beyond the control of the parties, such as wars, riots, fires, strikes including transport services strikes, accidents and the impossibility of being supplied.

Timely delivery of products shall only take place if the Customer has fulfilled his/her obligations to the Vendor. The lead times stated in the order or the order summary are given in good faith as an estimate only. The lead times are not in themselves an essential condition of the contract and the Vendor shall not be required to make any compensation whatsoever or to pay interest in the event of late performance of its duties.

8. Absence of the right of retraction 
In accordance with article VI.53 of the law of 21 December 2013 and article 47 § 4 6° of the law of 6 April 2010 on market practices and consumer protection, the right of retraction does not apply to contracts made through the website www.andercacao.com. 

9. Intellectual property 
All text, comments, illustrations and images reproduced on our website are copyright. All rights are reserved. Any reproduction in part or in full without the Vendor’s consent is prohibited. Ordering does not entail the transfer or granting of intellectual property rights unless expressly stated.

10. Responsibility
The products offered comply with Belgian and European legislation in force, particularly in terms of food safety. The Vendor cannot be held liable insofar as it has performed its services in accordance with the requirements of these regulations. In particular, the Vendor cannot assume responsibility for product tolerance and its possible consequences.

In no event shall the Vendor be held liable in the event that, by extraordinary circumstances, these products do not comply with a legal or regulatory requirement in the country where they are delivered.

The Vendor shall not be liable for any indirect loss due to this contract, loss of business, loss of profit, loss of opportunity, loss of production, loss of activities, loss of clientele, damage to reputation, damages or costs, and this list is not exhaustive.

Any complaint must be sent in writing, without delay, by email to explorers@andercacao.com or by post addressed to the Vendor. If it appears, within thirty (30) days of receipt of the complaint, that the Vendor has failed to fulfil its obligations, the latter shall, at its own expense, make a new delivery of the products that are the subject of the complaint or, failing this, reimburse the Customer concerned for the equivalent amount of the order.

11. Protection of Privacy
The supply of personal information for online sales is compulsory because it is needed for order processing and shipping and for invoicing. This information is strictly confidential. Failure to supply information entails the automatic rejection of the order.

The Vendor undertakes not to divulge the information supplied by its Customers to any third parties. It shall be used solely for the purposes of internal management, that is, to manage orders, invoicing, service, solvency, marketing or personalised advertising, without this list being exhaustive.

Visitors who wish to do so are entitled to oppose the use of their data for personalised marketing, by simple request and free of charge.

The Vendor undertakes to respect the principles of the Belgian law of 8 December 1992 on the protection of privacy with respect to the processing of personal data. A Customer who has placed an order on the Vendor’s site may at any time consult, correct or delete the personal data that the Vendor has recorded about him/her by sending an email to explorers@andercacao.com or a letter to the address given in Article 1 of the present terms and conditions.

12. Enforceability of the terms & conditions
Any order made by the Customer and all deliveries made by the Vendor imply full and unconditional acceptance by the Customer of the present terms and conditions of sale to the exclusion of any other documents such as the Customer’s own general terms and conditions, or any brochure, catalogue, etc, which are only to be taken as a guideline.

The parties expressly agree that the present general terms and conditions apply to their commercial relations, unless otherwise provided in writing. The express waiver of one of the general or particular terms or conditions does not affect the application of the other general or particular clauses.
The cancellation or inapplicability of one of the clauses of the general or particular terms and conditions has no effect on the whole of the other provisions in the general and particular terms and conditions, which remain valid and applicable.

The fact that the Customer has not received the present general terms and conditions in his/her native language does not exempt him/her from applying them.
The ordering of any product proposed on the site supposes the reading and express acceptance of the present general terms and conditions, and this acceptance does not require the Customer’s handwritten signature.

The validation of the order form by the Vendor constitutes an electronic signature, equivalent to a handwritten signature, confirming that the order is complete and that the sum due for fulfilling that order is payable.

The Vendor reserves the right to change its general terms and conditions without personally informing the Customer and without the Customer being entitled to claim any compensation whatsoever. It is incumbent on the Customer to check periodically whether or not changes have been made. The Customer may copy or print the present general terms and conditions of sale as long as s/he does not alter them.

13. Applicable law and jurisdiction 
These Conditions are governed, interpreted and applied in accordance with Belgian law. The courts and tribunals of the district of Ghent shall have exclusive jurisdiction for any dispute concerning these Conditions.