Preamble

These general terms and conditions of sale govern the relationship between the Customer and EXKi via the EXKi Website or mobile application.

By confirming their order, the Customer formally agrees to the following general terms and conditions of sale. Before confirming their order, they will be asked to accept these general terms and conditions of sale of the Website/mobile application by checking the box provided for this purpose. Placing an order implies the Customer's acceptance of these general conditions.

The Customer declares having read and accepted these General Terms and Conditions of Sale before placing their order.

The validation of the order therefore constitutes a contract between EXKi and the Customer and acceptance by the latter of these General Terms and Conditions of Sale.

EXKi reserves the right to adapt or modify its general terms and conditions of sale at any time. In the event of modification, the general terms and conditions of sale in force on the day of the order will be applied to each order.

Therefore, the Customer is invited to regularly consult the general terms and conditions of sale to stay informed of the most recent developments.

Definitions

In these general terms and conditions of sale, the following words and expressions will have the following meanings:

• The term "the Customer" refers to any customer who orders products on the website.

• The term "EXKi" refers to the company EXKi SA, whose registered office is located at 1050 Brussels, Chaussée d'Ixelles 12, registered with the Crossroads Bank for Enterprises under number 0472.429.986 (08/514.16.50).

• The term "The Products" refers to the products offered and supplied by EXKi to the Customer.

• The term "The Website" refers to the website https://exki.com

1. Order and acceptance

1.1

These general terms and conditions of sale apply to all orders for Products placed by a Customer on the EXKi Website or via the mobile application.

1.2

The order can only be registered on the website if the customer has clearly identified themselves.

1.3

Delivery costs amount to 18 EUR for any order placed in zone 1 and 2. No delivery costs will be charged to the Customer for any order exceeding 125 EUR including VAT.

1.4

The order, to be accepted by EXKi, must reach a minimum amount of 60 EUR excluding VAT. Any order must be placed no later than 5 p.m. on the day preceding delivery. Upon express request from the Customer, a special order may also be delivered on Sunday.

1.5

Any order implies acceptance of the prices and the description of the Products available for sale.

1.6

EXKi undertakes to honor orders received on the Website only within the limit of available product stocks.

In the absence of availability of the Product, EXKi undertakes to inform the Customer. EXKi may offer the Customer a substitute product of equivalent quality and price. The Customer will have the choice of accepting the proposed substitution or waiving the Product.1.6

1.7

The acceptance of Product orders placed by a Customer is at the sole discretion of EXKi. EXKi may thus refuse the order and the conclusion of any contract if there is a doubt concerning the accuracy or authenticity of the order.

1.8

Due to the perishability of the Products, the Customer does not have the right to terminate the contract thus formed after placing the order.

2. Price and payment

2.1

Unless otherwise agreed in writing, the prices indicated by EXKi on the Website are in euros all taxes included. They take into account the VAT applicable on the day of the order.

Any change in the VAT rate may be passed on to the prices of the Products.

Similarly, if one or more taxes or contributions were to be created or modified, whether upwards or downwards, this change may be passed on to the selling price of the Products.

2.2

Prices cannot be modified once the Customer's order has been placed. The prices of the Products ordered on the Website and the date of the order in question shall prevail.

2.3

Orders can only be finalized by payment made by the Customer using a credit card via the secure platform of the Website.

Upon special request from the Customer, the order may be carried out without prior payment via the issuance by EXKi of a concomitant and subsequent invoice. EXKi has sovereign and exclusive discretion in accepting this exceptional method of delivery without prior payment.

3. Delivery

3.1

The delivery of the order will take place at the delivery address indicated by the Customer when ordering.

The Customer undertakes to have an easily accessible space for the delivery person of the order so that they can immediately and without waiting deposit the order thus delivered.

Failing this, the delivery person may refuse to honor the delivery of the Products, which will remain the responsibility of the Customer.

3.2

EXKi will take all necessary measures with the Customer to provide them with the ordered Products within the time slot agreed upon at the time of order confirmation, generally between 7 a.m. and 7 p.m.

The Customer agrees to accept the delivery of the Products according to the agreed time and place of delivery.

3.3

No liability, of any kind whatsoever, may be held against EXKi in the event of late delivery compared to the announced time.

4. Receipt of the order

4.1

No complaint, whether concerning possible material errors in price or quantity as well as the condition of the goods, will be accepted beyond the day after the day of receipt of the order by the Customer.

The Customer then waives any recourse and any complaint, on any basis whatsoever, in connection with the received order.

4.2

In accordance with article VI.53 of the Code of Economic Law, the delivery of perishable foodstuffs produced and marketed by EXKi cannot be subject to any right of withdrawal on the part of the Customer.

5. Equipment made available to the Customer

If, for one reason or another, equipment had to be delivered accompanying the order (e.g.: tray, dishes, etc.), this equipment must be returned in the state in which it was delivered according to the agreed terms.

In the event of disappearance or degradation of the delivered equipment, it will be invoiced to the Customer at cost price.

6. Promotional offers

6.1

The Products may be subject to promotional offers.

Any special promotional offer will be subject to these general terms and conditions of sale, which will prevail in the event of inconsistency between the terms of the special offer and these conditions.

6.2

EXKi reserves the right to modify the terms of the special offers or to withdraw them at any time.

Any order placed before the offer is withdrawn or modified will be honored under the conditions in force on the date of the order.

7. Liability

7.1

EXKi has, for all stages of order taking as well as for the delivery of Products, a simple obligation of means.

7.2

In all cases, EXKi's liability could not be engaged in the event that the non-performance of its obligations is attributable either to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.

7.3

Similarly, EXKi's liability cannot be engaged for all the inconveniences or damages inherent in the use of the Internet network, in particular a service interruption, an external intrusion or the presence of computer viruses.

EXKi strives to secure the Website/mobile application using all reasonable means.

EXKi assumes no responsibility for any direct or indirect damage that may be caused to the computer installation due to the use of the Website/mobile application.

EXKi declines all responsibility in the event of interruption, even temporary, of the Website/mobile application service.

EXKi cannot be held responsible for an interruption, even temporary, of the service on the Website/mobile application.

7.4

EXKi presents the Products offered on its Website/mobile application so that the Customer is aware of the essential characteristics before placing an order.

The photographs of the products on the EXKi Website/mobile application are provided for illustrative purposes only and are not contractual.

Although EXKi makes every effort to represent the product as faithfully as possible, it cannot guarantee that the representation of the products on the Customer's screen exactly matches the ordered products.

The products may therefore show slight differences with these illustrations.

Although EXKi makes every effort to be as accurate as possible, all sizes, weights, contents, dimensions and measurements represented on the Website/mobile application may have reasonable differences.

All precautions have been taken to ensure the accuracy of the information relating to each Product.

Nevertheless, food products are constantly subject to adaptations so that ingredients, nutritional, dietary values and allergens may change.

For these reasons, the Customer is advised to always read the packaging and label of the product and not solely refer to the information on the Website/mobile application.

7.5

EXKi cannot be held responsible for incorrect information relating to the ordered Product.

EXKi takes all reasonable steps to ensure that the prices of the Products are correctly included in the system.

However, the Website/mobile application contains a very large number of products and it is not impossible that, despite EXKi's reasonable efforts, some products on the Website/mobile application are accompanied by an incorrect price.

EXKi's liability cannot be engaged and all rectification measures will be taken immediately.

8. Confidentiality – Personal data – Intellectual property

8.1

EXKi refers, for this chapter, to the legal notices contained on its website, which the Customer declares having read and accepted the terms.

8.2

The processing of personal data is subject to EXKi's privacy policy.

You can consult EXKi's privacy policy at any time on

https://www.exki.be/fr/vie-privee

In accordance with the law of 8 December 1992, the Customer has a right of access, opposition and rectification of the data concerning them directly on the website.

8.3

All elements of the Website, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents.

The Customer acknowledges that all intellectual property rights on the Products are the exclusive property of EXKi.

The rights of use, reproduction as well as the intellectual rights in relation to the Website/mobile application are the exclusive property of EXKi or one of its subsidiaries or a third party.

No license or any other right than that of consulting the Website/mobile application is conferred on anyone with regard to intellectual property rights.

They can only be reproduced or communicated to the public after express and prior written authorization from EXKi or the subsidiary concerned or the third party concerned.

9. Applicable law and jurisdiction

This contract is subject exclusively to Belgian law.

Any dispute between the parties will be under the exclusive jurisdiction of the French-speaking courts of Brussels.