General terms & conditions
These general terms and conditions alone apply to all orders placed by the customer (whose details are given on the first page of this document, hereinafter referred to as “the customer”), as well as to all deliveries made by Supperdelux!, to the exclusion of all other general or special terms and conditions which may be announced by the customer at any time, unless these differing terms and conditions are expressly accepted by Supperdelux! in writing or electronically. Any difference applies only to the specific sale or delivery for which this has been agreed. In event of a possible derogation from one of these terms and conditions, the remaining terms and conditions continue to apply in full.
By placing an order, the customer confirms that he or she is familiar with these general terms and conditions and accepts them in full and unconditionally.
Supperdelux! reserves the right to adapt these terms and conditions. Supperdelux! will inform the customer of this in writing. The new terms and conditions will be applicable automatically to all orders placed by the customer after this written notification.
Orders
Orders may be placed either via the website www.supperdelux.com
or via the e-mail address sales@supperdelux.com.
The customer is obliged to provide full details (hereinafter: “the registered contact”). Supperdelux! will use these details for any further processing of the orders. It is therefore the responsibility of the customer to provide the correct details, as well as to inform Supperdelux! of any modifications as quickly as possible.
Prices
All prices given by Supperdelux! are exclusive of VAT and in euro.
Method of payment and invoicing
Orders placed via the e-commerce website will be paid for electronically and immediately after placing the order via the Ogone nv website, which specialises in secured payments on the Internet. Ogone accepts Visa and Mastercard.
Non e-commerce orders should be paid for by transfer.Invoices are drawn up in euro and are liable to Belgian value-added tax (VAT). An exemption from VAT in accordance with Article 21 paragraph 3 point 7 applies to all orders placed by companies not established in Belgium. Invoices are digitaly send together
Delivery
Collections ordered online are delivered online and also by e-mail immediately after payment.
Collections ordered by e-mail are delivered after receipt of full payment and within two working days.
All deliveries are digital and are sent only to the registered contact.
The aforementioned delivery periods are not binding and Supperdelux! may not in any way be held liable in the event of delays in delivery. Should the customer not have received the delivery within four working days of payment, he or she should inform Supperdelux! of this in writing. If necessary, Supperdelux! will then make a new delivery.
Customers should ensure that their e-mail address can receive Internet links, and ensure that the e-mails sent by Supperdelux! are not blocked by a spam filter.
Complaints
Immediately upon receipt of the dispatch, the customer should check that the delivery corresponds to the order. Complaints concerning visible defects or relating to conformity should, to be admissible, be sent to the seller in writing, by recorded delivery, at the latest ten days after receipt of the delivery. Use of the delivery nullifies any liability of the seller.
Complaints relating to hidden defects are only admissible if they are reported to Supperdelux! in a letter sent by recorded delivery and providing adequate substantiation, at the latest within three months of the delivery date and within two working days of the defect being observed.
Liability
Supperdelux! do their utmost to ensure that the files delivered are free of bugs, errors, viruses, malware, spyware and other harmful files. Given the rapid growth of these files, Supperdelux! cannot however provide a guarantee in this respect. Consequently, Supperdelux! may not be held liable should such a situation arise. The customer is obliged to make the necessary arrangements in this respect (install an effective anti-virus program, etc.).
Supperdelux! do their best to proofread the recipe, but cannot be held liable should any errors occur in the recipe.
In any case, Supperdelux!’s liability may not be higher than thee invoice value of the delivery in question, which the customer expressly and unconditionally accepts.
Supperdelux! can also never be held liable for general or specific indirect loss or for any consequential loss of any kind suffered by the customer or by a third party.
Supperdelux! is not liable for any delay in the fulfilment or for the non-fulfilment of their commitments if they are affected by force majeure. The following are considered instances of force majeure that suspend Supperdelux!’s obligation to deliver: war, uprising, fire, any type of hacking, including DOS attacks, non-functioning of host servers, etc.
Supperdelux! will inform the customer of the situation of force majeure as soon as possible.
Licence
By placing an order online, the customer acquires a non-exclusive licence to use the subject of the order (pictures + recipes). The order placed by the customer may never be considered a transfer of rights.
Licence for so-called ‘editorial use’
By placing an order for ‘editorial use’, the customer is entitled to use the collections ordered (pictures and recipes) once in a periodic, written press medium, the name of which is stated on the invoice.
A collection may therefore be reproduced in one publication, in one language, per order. If the customer wishes to publish a certain collection or certain collections in various media, then he or she can request a special licence for this from Supperdelux!.
The customer is obliged to reproduce the collection ordered in the publication concerned within six months of payment of the collection. Once this period has expired, the customer is forbidden to reproduce the recipes and/or the pictures any longer. If necessary, another order should be placed.
The customer is permitted to continue to sell any remaining copies of the publication in question after the expiry of this period, but may not reprint the publication. The customer is also entitled to reproduce the collections ordered (pictures and recipes) on the website of the medium for which the licence has been purchased as long as the structure of the site is not adjusted.
If the customer has not reproduced the pictures and recipes (or part thereof) within the six months of payment, the aforementioned licence expires irrevocably, without the customer being entitled to any credit note or other form of compensation.
The customer is obliged to include the name of the photographer, the author of the recipe and the stylist or stylists, as given in the PDF preview, along with the word
"Supperdelux!” on all reproductions, including those on a website.
The customer undertakes, at the request of Supperdelux!, to send two copies of the publication to Supperdelux!.
In the event of reproduction on the web, Supperdelux! can request the relevant URL.
Licence for so-called ‘non-editorial use’
‘Non-editorial use’ refers to any use on a freely chosen medium that cannot be considered a periodic, press medium.
Indicating the source with non-editorial use is preferable but not obligatory. However, the customer should refrain from giving the impression that the pictures and/or the recipe are free of any rights.
The customer undertakes, at the request of Supperdelux!, to send two copies of the publication to Supperdelux!.
In the event of reproduction on the web, Supperdelux! can request the relevant URL.
Restrictions on licences
Irrespective of the use that is made, the customer is not permitted to sell on, issue licences for or in any other way grant any users' rights to third parties on the pictures or recipes.
The customer is permitted to publish the recipes and pictures purchased either together (as a collection) or individually (recipe by recipe). However, the customer may not reproduce the pictures with other texts, albeit another recipe.
The customer is permitted to adapt the pictures and recipes to the extent that this is necessary for the use to be made of them (for instance adjusting the pictures to the layout of the publication in question), but only insofar as this does not adversely affect the reputation of the photographer and author concerned.
Disclaimer
This website is the property of Supperdelux! bvba.
All content on this website including but not limited to the design, the logo, the text, the PDF files, the images and the photos are the property of Supperdelux! bvba or were obtained from third parties for marketing purposes. They are protected under copyright, the database law and other applicable legislation. Except for legal circumstances, nothing can be copied (including "framing"), made available to third parties, or made public without the explicit permission of the owner, Supperdelux!.
The PDF previews can be downloaded without payment.
However, customers are strictly forbidden to use these publicly in any way whatsoever. The use of the PDF previews should be strictly limited to internal use, with a view to consultation about or after purchase.
Any misuse of the website, its content or its functionality as listed in the disclaimer will lead to immediate cancellation of the offender’s user account.
It is the user’s responsibility to make sure that the website is not used improperly within their own user data group.
Supperdelux! pays a great deal of attention to the reliability and topicality of the data on this website. Inaccuracy and incompleteness is possible. Supperdelux! is not responsible for damages resulting from inaccurate or incomplete information offered on this website.
Supperdelux! does not accept responsibility for the content of websites that refer to or are hyperlinked to this website.
Supperdelux! reserves the right to alter or change the contents of its disclaimer without personally informing the customer, and the customer does not have the right to demand any compensation. It is therefore up to the customer to check regularly whether any changes have been made.
Disputes
All agreements concluded with Supperdelux! are governed exclusively by Belgian law.
Any disputes relating to the deliveries made by Supperdelux! fall within the exclusive jurisdiction of the courts and tribunals of the legal district of Ghent.
Translated from the Dutch-language original.
