General terms and conditions

 

Definitions

The words listed below will have the following meanings:

 

"App": the Software used by mobile devices to view and access the advertising and the Reservation.

 

"Carte-Plus" (Plus Card): card that you can apply for in an Establishment or on the Website, identifying the client and allowing them to collect Plus Points.

 

"Client": the natural person or legal entity that visits the Websites, uses the Apps, places a Reservation or has applied for a Carte-Plus card, regardless of where or how this was done. In Section IV "Carte-Plus", the "Client" refers to a natural person of full legal age. In Section III, the "Client" refers to a natural person of full legal age or a person who has the consent of a parent or guardian.

 

"Consumer": the Client is a natural person who makes use of Delhaize, the Website or the Application and/or purchases or uses Delhaize's products or services for purposes that do not form part of its commercial, industrial, artisanal or professional activity.

 

"Delhaize":

 

Delhaize Le Lion/De Leeuw SCA, with its registered office at Rue Osseghem 53, 1080 Brussels, registered in the Companies Register under number 0402.206.045, Tel. +32 (0)2/412 2211 (contactable Monday to Friday from 9am to 5pm), Fax. +32 (0)2/412 2194, E-mail: info@delhaize.be, account number (IBAN) BE27 2100 0000 2173.
 

In Section IV "Carte-Plus", Delhaize also refers to SA Points Plus Punten, a subsidiary of Delhaize Le Lion/De Leeuw SCA, with its registered office at Rue Osseghem 53, 1080 Brussels, registered in the Companies Register under number 0402.206.045, Tel. +32 (0)2/412 2211 (contactable Monday to Friday from 9am to 5pm), Fax. +32 (0)2/412 2194, E-mail: info@delhaize.be, account number (IBAN) BE27 2100 0000 2173.
 

"Establishment": a physical sales outlet belonging to Delhaize or its participating affiliated stores (independent stores operated under the franchise agreement or under one of the following trading names: Delhaize AD, Delhaize Proxy, Delhaize Shop & Go – hereinafter "Affiliated Stores") located in Belgium or Luxembourg, where the Client can make contact ("Collect" collection point). In Section IV "Carte-Plus", "Establishment" refers to Delhaize stores (Delhaize Le Lion / De Leeuw) in Belgium and Luxembourg, plus its Affiliated stores in Belgium and Luxembourg.

 

"Partner": business contractually linked to Delhaize, which can issue Plus Points.

 

"Plus Points": points which you can collect using your Carte-Plus card, entitling you to the benefits detailed hereafter.

 

"Reservation": service offered by Delhaize through which the Client can request reservation of food products and other ancillary products in a shopping basket, for an end use. Delhaize will endeavour to collect the products and make them available to the Client on the date and during the timeslot chosen by the Client so that they can be picked up from an Establishment selected by the Client ("Collect") or delivered to an address, on the date and during the timeslot chosen by the Client ("Delivery"). Unless otherwise stated, a Reservation always refers to a reservation made via the Website or an Application.

 

"Websites":

 

Section II: www.delhaize.be and www.carteplus.be

Section III: www.delhaize.be

Section IV: www.carteplus.be
 

"End use": exclusively for consumption or direct use of the products as they are intended to be used.

 

2. General terms and conditions of using the Website and the App ("Terms and conditions of Use")

 

2.1. Terms and Conditions of using the Website and the App

 

2.1.1.       The Terms and Conditions of Use apply to every visit and use of the Website or the App, without prejudice to the other applicable conditions, including the Declaration on Privacy currently in force. The Website and the App are visited and used by the user at their sole risk. By accessing the Website or the App, the user acknowledges acceptance of these Terms and Conditions of Use.

2.1.2.        Delhaize will do its best to ensure that the information given on the Website or the App is accurate, and may from time to time adapt or update this information without prior notice. Delhaize, its management, employees and/or third parties to which the Website or the App refer, shall not guarantee under any circumstances, either explicitly or implicitly, that the Website and the App work correctly, free of any faults or viruses, nor that the content of the Website or the App is correct and complete, and explicitly shall not accept liability for any direct or indirect loss that may arise as a result of access and/or use of the Website or the App by the Client.

2.1.3.        The Website and the App may contain hyperlinks to other websites which, where appropriate, are not technically controlled or submitted for approval by Delhaize. Consequently, Delhaize, its management and its employees cannot guarantee the completeness or accuracy of the content proposed by the said links, nor the accessibility of these websites. Consequently, Delhaize does not accept any liability for any direct or indirect loss that may arise as a result of using these websites.

 

2.2. Declaration on Privacy

In its relationships with its Clients, Delhaize acts in accordance with the Law of 8 December 1992 concerning protection of privacy and personal data. For more information on this matter, and for information concerning the use of Cookies, please refer to the applicable Declaration on Privacy and the Cookie Policy given on the Website and the App.

2.3. Intellectual Property

2.3.1.        The Delhaize name and logo, and the names of the other companies forming part of the N.V. Koninklijke Ahold Delhaize, regardless of the way in which they are used, are names and trademarks protected by national and international registrations.

2.3.2.        The content of the Website and the App are protected by copyright, trademark rights and other intellectual rights. None of these rights are transferred to the user of the Website and/or App. The information referred to on the Website may not be made public, reproduced or adapted without prior agreement from Delhaize, except for personal use.

2.4. Applicable law

Any disputes resulting from or relating to use of the Website / App or the acceptance, interpretation or compliance with these Terms and Conditions of Use come under the sole jurisdiction of the competent courts in Brussels, which shall enforce Belgian law.

 

3. General Terms and Conditions for Reservation of products via the Website or App ("General Terms and Conditions")

 

3.1. Application and acceptance of General Terms and Conditions

 

Reservation via the Website / App and the delivery and purchase from Delhaize resulting from the said Reservation are governed by these General Terms and Conditions. Only these General Terms and Conditions shall apply to the relationship between the Client and Delhaize with regard to the Reservation. The Client's General Terms and Conditions may only be applied if they (1) do not conflict with these General Terms and Conditions; (2) have been duly notified and (3) have been expressly accepted by Delhaize.

 

3.1.2.        As stipulated, where appropriate, some of the clauses in these General Terms and Conditions shall apply only to Consumers.

3.1.3.        Delhaize is free to amend these General Terms and Conditions at any time, and the amended terms and conditions shall apply as soon as they are published on the Website / App. Any Reservation made prior to entry into force of the amended terms and conditions shall however be governed by the conditions valid at the time of Reservation.  It is the Client's responsibility to check the terms and conditions in force before confirming the Reservation.

3.1.4.        In the Reservation confirmation e-mail, provided that the Client has given their e-mail address, the Client will receive a summary of the Reservation made and a link to the General Terms and Conditions in a format that can be saved and/or printed by the Client.

3.1.5.        A Reservation may be made in French or Dutch via the Website, and in French, Dutch or English via the App, depending on the Client's choice. The Client will make this choice by displaying the Website / App in their own language. Any subsequent communication between Delhaize and the Client shall take place in the language chosen by the Client.

3.1.6.        Reservations are only possible and valid for Belgian territory and solely for an End Use. Resale of the products reserved via the Website / App is strictly prohibited. If Delhaize suspects that the products are being purchased for resale, it may avail itself of any rights, in particular but not limited to those referred to in Articles 2.2 and 6.3 of these General Terms and Conditions.

3.1.7.        Payment for the products by the Client at the time of delivery confirms receipt of the products as detailed on the receipt and/or delivery note and implies definitive acceptance of the delivered products, without prejudice to any hidden defects.  In the event of payment after delivery, signature of the delivery note shall have the same effects. Taking delivery and making payment shall imply definitive acceptance of the products, without prejudice to any hidden defects.

 

3.2. Online account

 

3.2.1.       Before placing a Reservation on the Website or App, the Client must first register on the Website / App by creating a profile ("Online account"). The Client guarantees that the information they give on the Website for this purpose is correct and truthful. After registration, the Client may use the services offered on the Website / App by logging on via the Online account with their e-mail address (username) and password. The Client may change their password at any time. The Client is solely responsible for the use and confidentiality of their password and the management and use of their Online account.

3.2.2.        When placing a Reservation, the Client may use their Carte-Plus, which is done automatically if the Carte-Plus is already linked to their Online account. Use of the Carte-Plus is governed by the Carte-Plus General Terms and Conditions (IV). By applying for and/or using a Carte-Plus, the Client acknowledges that they have read or have had the opportunity to read the applicable version of the Carte-Plus General Terms and Conditions and accepts them unconditionally.

3.2.3.        Delhaize reserves the right to delete, deactivate or block access to the Online account in the event of abuse of the account or in the event of other breaches of these General Terms and Conditions governing the relationship between the Client and Delhaize. In this case, the Client may not claim any indemnity or compensation.

 

3.3. Reservation

 

Placing a Reservation

3.3.1.        The Client must register on the Website / App or, if they already have an Online account, log in with their username and password, before choosing from the different products offered on the Website or App and filling their shopping basket. The Client may also start by choosing their products and filling their shopping basket before registering and logging in, to place a Reservation.

3.3.2.        When placing a Reservation, the Client may use their Carte-Plus, which is done automatically if the Carte-Plus has already been linked to their Online account. Use of the Carte-Plus is governed by the Carte-Plus General Terms and Conditions (IV). By applying for and/or using a Carte-Plus, the Client acknowledges that they have read or have had the opportunity to read the applicable version of the Carte-Plus General Terms and Conditions and accepts them.

3.3.3.        After placing an item in their shopping basket, the Client must indicate their preferred delivery method by selecting Collect or Delivery.  This choice may be made or changed later:

If Collect is selected, an Establishment must be selected as a collection point, as well as a date and timeslot from the timeslots offered for collection;

If Delivery is selected, the Client must first enter their postcode in order to check if the service is available in their municipality in Belgium (check which municipalities are covered). If their municipality is covered, a delivery date and timeslot must be selected from the available timeslots. The address (from the municipalities covered) where the products are to be delivered must also be notified by the Client.

Delivery is only available for Reservations with a monetary value of minimum 60 euro. This value is determined by the applicable sales price of the reserved products at the moment of Reservation and shall be deducted with the value of any promotional (code) or other reductions. Any costs such as but not limited to delivery-, call center- and liquidfee shall not be taken into account when determining the value of the Reservation.

When a Reservation is placed, it must also be remembered that the Reservation can only be delivered in Belgium, in municipalities where the Delivery service is available, and that Delhaize does not deliver any higher than the third floor if there is no lift (for more details, refer to the conditions in Article 3.4. (b)).

3.3.4.        The offers on the Website / App may differ from the offers displayed in the Establishment.  When placing a Reservation, the Client may not claim offers that are only valid at the Establishment.

3.3.5.        When a Reservation is completed, a summary will be given of the total price (including charges). In order to place the Reservation, the Client must formally confirm the price and, to this end, must first confirm acceptance of the General Terms and Conditions by ticking the relevant box. 

3.3.6.        Once the Client has confirmed the Reservation on the Web Site / App and it has been accepted by Delhaize, a confirmation containing a summary of the Reservation will be sent by e-mail to the Client ("Confirmation e-mail") to the address given in the Online account created by the Client. 

Amendment and cancellation of the Reservation

3.3.7.       Reservations for Collect may be amended up to 12pm the day before the date selected for collection.

3.3.8.        Reservations for Delivery may be amended by the Client the day before the date selected for delivery, up to midday for deliveries requested before midday, and up to midnight for deliveries requested from midday, within the opening hours of Delhaize's Customer Services department.

3.3.9.       If the Client wishes to cancel a reservation before collection or delivery, Delhaize asks that they do so as quickly as possible, preferably within the time limits set out in points 3.6 and 3.7 regarding amendments, in order to prevent Delhaize incurring any unnecessary costs.

Collection - Delivery

3.3.10.      When collecting a Collect Reservation, the Client must show their E-mail Confirmation. In case of doubt, the Client may be asked to show proof of identity.

                   The Client is not under any circumstances required to purchase the Reservation products. After checking the products at the Establishment (collection point), the Client is free to choose which products they wish to purchase from the reserved products. The sales contract between Delhaize and the Client is only entered into at the collection point / Establishment once the Client has decided to purchase the products concerned, in full or in part. The preparation charges are only payable once the sales contract has been concluded (see Article 4 below).

3.3.11.      To take delivery of a Delivery Reservation, the Client must sign for receipt. The Client is not under any circumstances required to purchase the Reservation products. After checking the products and the delivery note at the delivery address, the Client is free to choose whether or not they wish to purchase all the reserved products. The sale is concluded when the Client decides to accept delivery of the products.

                   If the Client considers that one or more delivered products are not compliant, but does not wish to refuse the whole order, they may accept the rest of the Reservation and then contact Delhaize in order to obtain a voucher for the value of the non-compliant product, which can be used solely against a future Delivery Reservation.  

3.3.12.     Empty containers are not collected by the delivery person and must be returned by the Client to a Delhaize supermarket.

Available stock

For all Reservations, Delhaize will endeavour to ensure there is sufficient stock of each product. However, Delhaize cannot guarantee that stock will be available for all the reserved products. If the product is no longer available, a substitute product will be offered for Collect, which the Client is free to accept or refuse. For Delivery, no substitute product will be offered.

 

3.4. Prices, delivery charges and payment

 

Prices

3.4.1.       All the prices referred to on the Website or App include VAT and other taxes and charges. These prices may however be amended at any time and do not include, where appropriate, the costs of preparing the Reservation (see Article 6 below). The prices that will be paid by the Client upon collection or delivery are those given on the Website or App when the Client confirms the Reservation.

Exceptionally, for some products, the price given on the Website or App is not the final price. This also applies to fresh products (such as meat, fish, fruit and vegetables, etc.) for which the price applied will be the Daily Price (i.e. the applicable price in Delhaize supermarkets on the collection day for Collect or the applicable price in Delhaize supermarkets on the day on which the order is prepared for Delivery). For products with a variable weight, a price estimate is given upon Reservation of the basic price per measurement unit and an approximate quantity of the product. The final price is calculated upon collection or delivery, based on the exact weight of the delivered product. In the aforementioned cases, the final price will be notified to the Client upon collection or delivery of the Reservation. However, the Client is not at any time required to purchase the reserved products.

3.4.2.       Delhaize shall ensure to the best of its ability that the information and prices given on the Website / App are free from faults or errors. However, errors in communication may sometimes occur. In such cases, Delhaize cannot be forced to enter into an agreement under the conditions resulting from the publication error, and cannot be held liable for the resulting direct or indirect consequences. Delhaize has the right to adapt the information and prices given on the Website / App at any time, on the understanding that the information and prices on the Website at the time the Client confirms the Reservation shall apply even if the information or prices are subsequently changed on the Website or App, except in the case of an obvious error, material or otherwise.

3.4.3.        When the Reservation is collected, the Client may only benefit from the promotions, coupons, offers and benefits valid at the time the Reservation was confirmed. As an exception to the foregoing, for products quoted at the Daily Price on the Website or App, the applicable promotions will be those valid on the collection day (Collect) or the day on which the delivery is prepared (Delivery).

These offers may not in principle be combined with any other offers or between themselves, are only valid for purchase of a standard quantity of products intended for normal personal use, must always be interpreted in a reasonable manner and may not for example ever entitle the Client to free products, unless this is expressly stipulated.                 

3.4.4.        Clients who opt for Delivery cannot claim promotions or special offers (such as savings plans or savings cards, etc.) or benefit from discounts reserved for personnel. To collect Plus Points, the Client must link their Carte-Plus to their Online Account. The Carte-Plus cannot be scanned upon delivery. Any 5-euro vouchers which the Client may be entitled to must be redeemed at an Establishment.

3.4.5.        The photos and other illustrations used to present the products do not have any binding value and may represent products or elements not included in the price shown.

Reservation Charges

3.4.6.     Collect

The total amount due upon collection consists of the retail price for the products actually collected, plus where appropriate the preparation charges as stated (maximum €4.50 for any Collect Reservation under €150, unless otherwise stated), plus the retail price of any products additionally purchased at the Establishment.

3.4.7.    Home Delivery

The total amount due on delivery consists of the retail price for the reserved products, plus the specific Delivery charges, as set out in the table below, which will also be notified upon confirmation of the Reservation by the Client:

Delivery fee

(delivery charges)

€9.95

The preparation charges are included in this amount.

A reduction of €4.50 may be applied to the purchase of certain products, which vary each week, depending on the promotions advertised on the Website or App.

The delivery charges are not applied to the first Reservation using the Delivery service.

Call-centre fee

(cost of using the telephone reservation service)

€5.00

Applicable only when a telephone Reservation is made.

This sum is only payable when amending and cancelling the Reservation, not for calling the Customer Service centre.

Liquid Fee

(delivery charges for liquids)

€10.00 for each 60 litres, after the first 60 litres.

This sum is payable for all deliveries made following a Reservation that includes over 60 litres of non-alcoholic drinks, water and beer.

This sum is calculated for each 60 litres after the first 60 litres (for example: if the Reservation includes 120 litres, an amount of €20 will be charged).

If there is no lift in the building, the products will only be delivered to the ground floor.

For commercial purposes and as an exception to the foregoing, if the Client requests, the delivery person may, if possible, deliver the products to the upper floors, within the delivery limits set out hereafter:

Floor

Delivery limit

-1 / +1

Maximum 4 delivery crates

-2 / +2

Maximum 3 delivery crates

-3 / +3

Maximum 2 delivery crates

"Delivery crate" means the units in which the products have been placed at Delhaize's full discretion and transported to the Client (box or crate or other container) and/or any containers provided by the manufacturer in order to carry a limited number of products at one time by a single person (e.g. crate of beer or packaging for several identical drinks, etc.).

Products exceeding the delivery limits listed in the table will automatically be delivered to the ground floor.

Payment

3.4.8.    For reasons of security, upon collection and delivery, only electronic payments are accepted (i.e. debit card, credit card (Visa, MasterCard, Amex), electronic meal vouchers). €5 vouchers and vouchers from Delhaize or its suppliers may be accepted upon collection or delivery. Transfers are only possible under the terms of Article 4.9, or if there is an electronic problem with the payment terminal that is Delhaize's fault.

                Unless agreed in writing between Delhaize and the Client, no payment flexibility will be granted. Consequently, failure to pay on the delivery/collection date, or where appropriate on the due date, shall immediately render payable the full balance owing, or Delhaize may decide not to supply the products, without any formal notice being required.

3.4.9.     Clients who are not consumers (liable for VAT, public institutions and liberal professions) may pay by bank transfer for a Delivery Reservation, subject to express agreement from Delhaize. However Delhaize reserves the right to cancel this facility at any time and without notice.  All payments by bank transfer must be made immediately upon receipt of invoice.

3.4.10.   Clients who opt for a Collect Reservation and wish to receive an invoice must notify the Establishment when they collect the products.

 

3.5. Right of withdrawal (for Consumers only, when ordering a Delivery)

 

3.5.1.    General terms

Consumers have the right, within 14 days and subject to giving a reason, to withdraw from the agreement between the Client and Delhaize. This time limit runs from the day following the date on which the products have been taken into possession by the Client or on behalf of the Client ("Cooling-off period"). The Client may exercise their right of withdrawal by using the withdrawal form available on the website (see also Annex 1: Model withdrawal form) completed and sent by post or e-mail to Delhaize, or by sending Delhaize a similar, unambiguous declaration, which must be sent prior to expiry of the Cooling-off period. Although the withdrawal may be notified verbally, we recommend it is made in writing, given that it is the Consumer's responsibility to prove they have exercised the right of withdrawal.

During the Cooling-off period, the Consumer will check the delivered products and their packaging. The Consumer will only unpack or use the products insofar as necessary to determine whether or not they want to keep the products.

3.5.2.    Consequences of the right of withdrawal

If the Consumer withdraws from the agreement, they will be refunded for the sums paid to Delhaize for the Reservation, including the preparation and/or delivery charges (with the exception of any additional charges incurred as a result of the Consumer choosing delivery methods other than the less expensive ones provided as standard by Delhaize).  This refund will be made immediately, and in all cases no later than 14 days after Delhaize has been informed of the Consumer's decision to withdraw from the agreement. Delhaize will refund the Consumer via the same payment method used by the Consumer to make the original transaction, unless the Consumer has expressly agreed otherwise. In all cases, the Consumer will not incur any charges as a result of the refund. Delhaize may however suspend the refund until it has received the returned products, or until the Consumer has proved that the products have been sent back, the first of these two time limits having precedence.

Immediately, and in all cases within 14 days from the date on which the Consumer notifies Delhaize of their decision to withdraw from the agreement ("Return deadline"), the Consumer must return the products via one of the following methods:

The Consumer sends back the products by post (at their own cost);

The Consumer returns the products to a Delhaize supermarket reception desk, handing them directly to the person at the reception desk.

The Consumer asks Delhaize to pick up the products via the Delivery service. Delhaize will charge the Consumer €10 for this return method, unless this collection is carried out within the Return deadline at the same time as a new Delivery Reservation involving a purchase, in which case no charges will be made for the return.

The aforementioned Return deadline shall be deemed met by the Consumer when they have returned the products by post (the postmark serving as proof), handed them to a Delhaize supermarket reception desk or had them collected by the Delhaize Delivery service before the Return deadline. The Consumer is responsible for all direct costs incurred in this context.

The Consumer is solely liable for any loss in value of the products following use thereof beyond that required to check the type, brand or working order of the products.

3.5.3. Exception to the right of withdrawal

The Consumer may not exercise their right of withdrawal for:

Delivery of products that spoil quickly or with a limited expiry date (= less than 60 days) (for example: flowers, fruit and vegetables, meat and fish, dairy products, delicatessen and cold meat products, bakery and patisserie products, frozen products, etc.).

Delivery of sealed products which are not suitable for return due to health protection reasons or for hygiene reasons, which have been opened.

Delivery of products which, due to their nature, have been irretrievably mixed with other products.

Delivery of sealed audio or video recordings or computer programs, which have been opened.

 

3.6. Liability

 

3.6.1.  Collection of reserved products, and performance of the services offered, solely constitutes an obligation of diligence by Delhaize. Delhaize cannot be held liable if collection or delivery of the reserved products does not take place or is delayed. In this case, Delhaize will do its best to make contact with the Client so that they can fully or partially cancel their Reservation or change the delivery time. Delhaize cannot be held liable for any indirect or consequential loss or for any loss not foreseeable at the time the contract was entered into with the Client.

3.6.2.  In order to place a Reservation, the Client must be of full legal age or have authorisation from their parent or guardian. Delhaize may ask for proof of identity if the Client orders tobacco, alcohol or National Lottery products. Where appropriate, Delhaize will not sell tobacco and/or alcoholic drinks and/or National Lottery products to young people who are not of legal age. 

3.6.3.  Delhaize reserves the right to refuse or cancel a Reservation if there has been a previous dispute with the Client concerned, if the Client has not correctly used the Website and/or if, on several occasions, the Client has not collected a confirmed Reservation which has not been cancelled by the required deadline. In addition, Delhaize reserves the right to contact the Client to verify the accuracy of the Reservation, and to limit a Reservation if the quantities reserved are unreasonably large (e.g. a number of products that is not standard for an end use), and to propose another quantity or offer a new collection timeslot.

 

3.7. Personal data

 

In its relationships with its Clients, Delhaize acts in accordance with the Law of 8 December 1992 concerning protection of privacy and processing of personal data. For more information on this matter, please refer to the Declaration on Privacy  on the Website.

 

3.8. Ownership and conformity of products

 

3.8.1.  The products remain the property of Delhaize until full payment of their price by the Client upon collection. Unless otherwise stated by the Law, the risks are transferred to the Client at the time the Client takes delivery of the products.

3.8.2.  With regard to product conformity:

Delhaize endeavours to obtain reliable data from its suppliers and to communicate this reliable data on its Website and App. Delhaize cannot however guarantee that this data is accurate, complete and up to date. Differences may appear between the data on the Website / App and that shown on the product labels, in particular for technical reasons related to stock rotation. The data available on the Website / App does not replace the information shown on the product labels. In the event of a discrepancy, the information on the product labels prevails.

Delhaize guarantees that the products meet reasonable expectations of reliability and usability.

Delhaize guarantees that on the date of entering into the sales agreement, the products meet the applicable legal provisions.

3.8.3.  Before entering into the purchase agreement, the Client must approve the products for lack of visible defects and conformity with the Reservation made by the Client on the Website / App. In particular, prior to entering into the purchase agreement and prior to using the products, the Client must check the product data on the product labels (in particular allergens). The Client expressly waives their right to any action against Delhaize in the event of discrepancy. All the data are provided by the Supplier via Trustbox, which is owned by GS1. For further information, see http://www.gs1belu.org.

3.8.4.  If the Client notes any non-conformity or visible defect, they must immediately notify Delhaize prior to entering into any agreement, under penalty of lapse. The previous paragraph is not an exception to the following:

The rights recognised by Article 1649bis et seq. of the Belgian Civil Code, where the Client is a Consumer. 

The rights recognised by Article 1641 et seq. of the Belgian Civil Code, where the Client is not a Consumer, in which case, until proved otherwise, Delhaize is presumed not to have been aware of the hidden defect.

 

3.9. Proof

 

The Client accepts that electronic communications and saved electronic files may serve as proof. The Client also accepts that telephone conversations with Delhaize may be recorded to serve as proof of any relevant fact.

 

3.10. Questions and Complaints

 

If you have any questions or comments, the Customer Services department can be contacted on the free number 0800 95 713 (Monday to Friday from 9am to 5pm), by e-mail (info@delhaize.be) or via the online contact form at the following address:

 

Delhaize
Customer Services
Rue Osseghem, 53
1080 Brussels (Belgium)

 

Delhaize will do its utmost to respond to complaints as quickly as possible, within 72 hours if possible, and will always try to find a satisfactory solution. Delhaize is a member of the association « Ombudsman du Commerce, Avenue Edmond Van Nieuwenhuyse 8, 1160 Brussels, info@ombudscom.be. In case a dispute with Delhaize’s customer service cannot be resolved, this Ombudsman can intervene in order to provide a solution for the dispute. For more details see www.ombudsmanducommerce.be.

 

3.11. Applicable law and competent jurisdiction

 

All disputes will be governed by Belgian law. The courts of Belgium will have sole jurisdiction.

 

Annex 1: Model withdrawal form

 

 (If you wish to withdraw the contract, please fill in this form and send it back to us

— To

Delhaize Le Lion / De Leeuw SCA – Comm.VA.

Ossegemstraat 53

1080 Sint-Jans-Molenbeek

E-mail: info@delhaize.be

 

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:

……………………………………………………………………………………………………………………………………………………………..

— Ordered on (*)/received on (*)………………………………………………………………………………………………………

— Name /Names consumer(s) …………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………..

— Address consumer(s) ………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………………………………..

— Date …………………………………………………………………………………………………

— Signature of consumer(s)

(only if this form is notified on paper)

……………………………………………………………………………………………………………………………………………………………..

 

(*) Please delete as appropriate

 

IV. Carte Plus

 

4.1. Application of these terms and conditions

 

These general terms and conditions (hereinafter "General Terms and Conditions") apply to all aspects of the relationship between the Client and Delhaize concerning the Carte-Plus and the Plus Points. Applying for and/or using the Carte-Plus implies unconditional, full acceptance of these General Terms and Conditions.

 

4.2. Applying for and receiving the Carte-Plus

 

4.2.1.  Costs of the Carte-Plus

The Carte-Plus is free of charge.

4.2.2.  Applying for the Carte-Plus

The Carte-Plus may be applied for by completing the application form and handing it in or sending it back. In principle, this form is available in all Establishments and is also online on the Website (hereinafter referred to individually and jointly as the "Application form").

4.2.3.  Receiving the Carte-Plus

If the Application form has been duly completed and handed in at an Establishment, the Client will receive (subject to available stock) a plastic Carte-Plus and two plastic Carte-Plus keyrings, which contain a single barcode for scanning. If the Client has duly completed the Application form and returned it via the Website, Delhaize will send a provisional Carte-Plus by e-mail, and a plastic Carte-Plus and two plastic Carte-Plus keyrings with a barcode will subsequently be sent by post to the address indicated. It is possible that the Client will not have to immediately complete the Application form before receiving the Carte-Plus. In this case, the Client must, where appropriate, activate their Carte-Plus by filling in the Application form in full or in part, or by supplying certain information to Delhaize before they are able to convert the collected Plus Points into Vouchers.

4.2.4 Checking the Carte-Plus application

The Client authorises Delhaize to contact it at any time using the details provided on the Application form or by any other means, to check the accuracy of their application and the information given.

 

4.3.  Refusal or cancellation of the Carte-Plus

 

4.3.1. Reasons for refusal or cancellation

Delhaize may refuse the Carte-Plus application or cancel the Carte-Plus if:

all the mandatory information has not been correctly completed;

the Client has not turned 18 at the time of completing the Application form and/or obtaining the Carte-Plus;

the Client has had / has a dispute with Delhaize;

the Client has already abused / attempted to abuse in the past the Carte-Plus, Vouchers or Plus Points and the Carte-Plus has consequently been refused or cancelled.

4.3.2.  Consequences of refusal or cancellation

The Client may not bring any action against Delhaize if their application has been rejected or if the Carte-Plus has been cancelled for one of the reasons listed in Article 4.3.1. The Plus Points already collected in accordance with Article 4.3.5 shall be considered not to have been granted. If the application is refused, where appropriate, the Client must immediately send back to Delhaize or destroy the Carte-Plus and the keyrings provisionally given to them and must, where appropriate, delete the e-mail containing the electronic Carte-Plus. The number of the Carte-Plus and the keyrings will be blocked immediately.

4.3.3.  Sending information, documentation or advertising

The fact that Delhaize sends the Client information, documentation or advertising does not mean that it explicitly or tacitly approves the application. The application is only approved once the Carte-Plus

is issued to the Client. The fact that Delhaize sends the Client information, documentation or advertising does not prevent Delhaize from cancelling the Client's Carte-Plus.

 

4.4. Advantages of the Carte-Plus

 

4.4.1. Use of the Carte-Plus

The Carte-Plus is accepted for 1) purchases in Establishments; 2) Reservations on www.delhaize.be, Reservations or orders on www.delhaizewineworld.com and orders on www.caddyhome.be (hereinafter referred to jointly as "Online transactions"), and 3) some purchases made with Partners. The up to date list of Partners is available on request or via the Website.

4.4.2. How to collect Plus Points

The Client will receive one (1) Plus Point for every two (2) euros spent in an Establishment or during an Online transaction. Some products and services, however, do not entitle the user to Plus Points: 365 products, quick sale products (with a yellow sticker), municipal refuse sacks, cigarettes, photo service, empty containers, telecommunication services and products, admission tickets to theme parks, Bongo or other gift vouchers, gift certificates and Bpost or National Lottery products.

The conditions under which Plus Points can be collected from Partners are defined independently by the Partners and therefore may vary. Delhaize advises that you carefully read the general terms and conditions published by the participating Partners, and their websites.

If the Client hands over their Carte-Plus in time in the Establishment, or uses it for Online transactions, the Plus Points collected will be added to their Carte-Plus, save in the case of technical problems which Delhaize will attempt to resolve as quickly as possible. A summary of the Plus Points collected with the Carte-Plus will appear on the till receipt and may also be consulted when the Client logs into their online profile on  www.carteplus.be or www.delhaize.be.

If the Client has forgotten their Carte-Plus when making purchases in an Establishment, they should tell the person on the till before the purchase is complete so that it can be noted on the till receipt. If the Client takes this till receipt and their Carte-Plus to a till employee the next time they visit an Establishment, provided this visit takes place within 30 days, the Plus Points collected at their previous visit will be added to their Carte-Plus. Clients are not authorised to try to add Plus Points to their Carte-Plus from the till receipts of other clients who may have forgotten their Carte-Plus when making their purchases. Delhaize reserves the right to refuse to add Plus Points to the Carte-Plus in such a case.

4.4.3. 5-euro vouchers

Every five hundred (500) Plus Points collected entitles the Client to one (1) 5-euro voucher ("Voucher") which the Client may collect from an Establishment. A Voucher may be used to pay for purchases in an Establishment or from a Partner and may also be used for offers or special promotions to obtain certain goods at special prices, subject to payment of part of the price in cash, where appropriate. In this way, the Client can sometimes increase the value of their voucher to more than 5 euros. Vouchers may not under any circumstances be exchanged for cash. Each voucher has an expiry date. After this date, the voucher is no longer usable.

4.4.4. Special offers

In some cases, the Carte-Plus also gives access to special offers or reductions advertised in some Establishments, by Partners, on the Website or in mailings sent to the Client. In some cases, if the Client logs into their online profile on www.delhaize.be, they can also download/activate certain offers on their Carte-Plus so that these offers are automatically granted the next time they buy the relevant products in an Establishment (if the Client hands over their Carte-Plus in time to the till employee). To benefit from these offers, they must be downloaded/activated onto the Carte-Plus before making the purchases concerned. It is also possible that automatic application of downloaded/activated offers is not valid in all Establishments. Please always read carefully the text accompanying the offer in question and the additional information on the Website.

In addition, offers are only valid for purchase of a standard quantity of products for normal personal use. If no expiry date or end date is given for the offer, this means that it will close two (2) weeks after the start date.

4.4.5. Self-scanning at Delhaize

Portable scanners are provided in many Establishments. To use a portable scanner, simply scan the Carte-Plus at a Self-Scan till. This scanner enables the Client to scan their purchases themselves and use the Establishment's Self-Scan till to complete their purchases.

4.4.6.  Loss of the Carte-Plus

If the Client loses the Carte-Plus, they can request a new one. The Plus Points on the old Carte-Plus will generally be considered lost. However, if the Client requests, Delhaize can try to use its data to recover the Plus Points already collected and transfer them, where appropriate, to the new Carte-Plus.

4.4.7. Validity of Plus Points and the Carte-Plus

Plus Points are valid for two (2) years, meaning that the Client can use them for two years and exchange them for the corresponding number of Vouchers, as stipulated in Article 5. The validity of the Carte-Plus is unlimited, but if the card is not used for over two (2) years, Delhaize reserves the right to cancel and/or block it.

4.5. Limits on using the Carte-Plus and related benefits

4.5.1. Special offers may not be used in conjunction with other promotions and coupons

Promotions, coupons or any other promotion or general or specific discount granted (e.g. a rebate amount or percentage, a joint offer, offer of a free product, etc.) cannot be used in conjunction with any other special offer, under the terms of Article 5.4. The promotions concerned may however be used in conjunction with Vouchers. The Client must always read carefully the information given for the offer concerned.

4.5.2. Personal character of the Carte-Plus

The Carte-Plus is strictly personal. The Client is responsible for loaning it or sharing the number with third parties. The Carte-Plus and Plus Points are not transferable, even if the contract with Delhaize comes to an end, for any reason whatsoever.

4.5.3. Consequences of abusive use of the Carte-Plus

In the event of abusive use of the Carte-Plus or Vouchers or in the event of any other breach of these General Terms and Conditions, Delhaize may cancel the Carte-Plus with immediate effect and/or block its continued use. In this case, the Client does not have any right of recourse against Delhaize. The Plus Points already collected, in accordance with Article 5, will be immediately cancelled. Vouchers already sent out may however still be used, unless they have been obtained by fraudulent or abusive use of the system, in which case Delhaize has the right to claim back the corresponding amounts. If the Carte-Plus is cancelled, the Client must send it back to Delhaize with the two keyrings, or destroy them and confirm to Delhaize in writing that they have been destroyed. Where appropriate, the Client will also definitively delete the e-mail containing the electronic Carte-Plus.

 

4.6. General provisions

 

4.6.1. Amendments to these General Terms and Conditions

Delhaize is free to amend these General Terms and Conditions at any time, and these amendments will be applied from the first notification by any medium whatsoever (for example the Website). As the said amendments will not enter into force until later, the Client therefore retains the right to waive their right to use the Carte-Plus and/or to return their Carte-Plus.

4.6.2. Exclusion of other general terms and conditions

Any of the Client's general terms and conditions cannot apply under any circumstances to the relationship between the Client and Delhaize.

4.6.3. Secondary application of special terms and conditions

These General Terms and Conditions apply to the relationship between the Client and Delhaize, unless the Client has agreed different special terms and conditions in writing with Delhaize. These General Terms and Conditions shall not infringe on any more specific conditions that Delhaize sets out, including the protection of personal data.

4.6.4. Limit of liability

Delhaize may not be held liable for any direct or indirect loss to the Client's installations or devices resulting from use of the Website or the Carte-Plus. Delhaize refuses all liability in the event of interruption, even temporary, of the Carte-Plus and Plus Points services, whether online, in an Establishment or any other place. Delhaize cannot be held liable for any indirect or consequential loss or for any loss not foreseeable at the time the Carte-Plus was applied for or given to the Client.

4.6.5. Protection of personal data

In its relationships with the Client, Delhaize acts in accordance with the Law of 8 December 1992 concerning protection of privacy and processing of personal data. For more information on this matter, refer to the Carte-Plus declaration of confidentiality appended to the Application form and available on the Website.

4.6.6. Stopping the Carte-Plus programme

Delhaize reserves the right to stop the Plus Points programme completely or partially (meaning for example: some elements of it or a group of persons) without having to give a reason for its decision. If the programme stops, Delhaize will inform the Client and give them the possibility to exchange the available points balance and use the Vouchers in accordance with these General Terms and Conditions, within a 3-month deadline.

4.6.7. Absence of waiver

If Delhaize does not comply with any provision of these General Terms and Conditions or does not take any action against the Client in the event of a (potential) breach of a provision, this may not be interpreted as a waiver of its action or right in relation to the said provision or breach, unless this is confirmed by Delhaize in writing. This fact may not under any circumstances be interpreted as a waiver of action or right in relation to any future breach.

4.6.8. Proof

The Client accepts that the communications with Delhaize and saved electronic files may be used as proof, and that telephone conversations with Delhaize may be recorded to be used as proof of any relevant fact.

4.6.9. Applicable law and jurisdiction