Terms of service

1 Introduction

The present Terms and Conditions of Sale apply to all commercial transactions relating to products sold by Lombardia Food Creator NV (LFC NV), registered under company number 0898.319.473, to the exclusion of all other terms and conditions, unless otherwise expressly agreed in writing between the parties. The mere act of placing an order on the website www.ohlivebutter.com constitutes acceptance of these Terms and Conditions of Sale.

2 Definitions

For the purposes of these Terms and Conditions and the website www.ohlivebutter.com, the following definitions shall apply:

2.1. Website
The website www.ohlivebutter.com through which products are offered and sold to customers.

2.2. Webshop
The online store section of the Website where products are offered for sale and may be purchased.

2.3. Customer
Any natural person or legal entity, having legal capacity and being at least 18 years old, who places an order through the Ohlive Butter website.

2.4. Order
The request submitted by the Customer to conclude a sales agreement between LOMBARDIA FOOD CREATOR NV and the Customer regarding products offered through the webshop.

2.5. Product Sheet
Information relating to a product, including descriptions, articles and photographs, made available through the webshop.

2.6. Products
All goods offered for sale through the webshop.

2.7. Transaction
The entirety of actions, security procedures, authorization processes and agreements relating to the payment of Products ordered through credit card or any other available electronic payment method on the Website.

2.8. LOMBARDIA FOOD CREATOR NV
The owner and license holder of the Ohlive and Ohlive Butter trademarks, the product formulations, packaging and all related intellectual property rights.

3 Acceptance of the Terms and Conditions

The Customer acknowledges having read these Terms and Conditions of Sale and declares, by placing an Order, to accept them unconditionally. Validation of an Order constitutes acceptance of these Terms and Conditions.

4 Purpose

LOMBARDIA FOOD CREATOR NV offers Products for online sale that are commonly sold within the food service and retail sectors.

The Customer accesses the Website and places an Order by filling the shopping cart with the Products selected during the visit to the Website. Purchased Products are paid for online using one of the payment methods available on the Website.

LOMBARDIA FOOD CREATOR NV confirms acceptance of the Order by email and the Products are delivered to the Customer within the agreed delivery period.

5 Products

Only Products for which a Product Sheet is available on the Ohlive Butter Website may be offered for sale.

6 Orders

6.1. All information provided by the Customer, as well as all data entered in connection with the Order, shall be binding. LOMBARDIA FOOD CREATOR NV shall not be held liable for errors made by the Customer when entering delivery or billing information. Any resulting delays or inability to deliver the Products shall not give rise to liability on the part of LOMBARDIA FOOD CREATOR NV.

6.2. Automated registration systems constitute proof of the content and date of the Order.

6.3. Upon receipt of an Order request, LOMBARDIA FOOD CREATOR NV shall confirm acceptance of the Order by sending a confirmation email to the email address provided by the Customer. This email shall constitute confirmation of the Order.

6.4. LOMBARDIA FOOD CREATOR NV reserves the right to refuse or cancel an Order:
– in the event of payment issues relating to the Order;
– in the event of a dispute concerning payment of a previous Order.

6.5. Products are generally available from stock. If a Product is unavailable or temporarily out of stock, LOMBARDIA FOOD CREATOR NV shall inform the Customer by email of any delay in delivery. If the Customer does not agree with the revised delivery timeframe, the Order may be modified or cancelled.

6.6. Only persons having legal capacity under Belgian law may place an Order.

7 Delivery

7.1. Upon confirmation of the Order and acceptance of payment by the payment service provider, LOMBARDIA FOOD CREATOR NV undertakes to ship the ordered Products to the delivery address specified by the Customer within the agreed delivery timeframe.

7.2. By placing an Order, the Customer undertakes to make the necessary arrangements for receipt of the Products.

7.3. No compensation may be claimed from LOMBARDIA FOOD CREATOR NV or the carrier in the event of delayed delivery.

7.4. Upon receipt of the Products, the Customer or recipient must verify their condition and review any instructions or usage guidelines supplied with them. If one or more Products are defective or damaged, the Customer or recipient must immediately notify the carrier and make the necessary reservations at the time of delivery.

7.5. If a parcel is not received after two delivery attempts by the carrier, it shall be returned to LOMBARDIA FOOD CREATOR NV, which shall notify the recipient by email. A new shipment may be arranged at the Customer’s expense, even where the original shipment was provided free of charge.

7.6. Private Customers and recipients of the Products shall refrain from any partial or complete resale.

8 Right of Withdrawal & Returns

8.1. In accordance with applicable distance selling legislation (Book VI of the Belgian Code of Economic Law), consumers have the right to withdraw from their purchase within 14 days of receiving the Products, without providing any reason and without incurring any costs other than the direct cost of returning the Products.

Within this period, you may notify us by:

– sending an unequivocal statement by email to info@ohlivebutter.com; or
– completing and submitting the withdrawal form.

Following such notification, you have a further 14 days to return the Products in their original, unopened packaging.

As the Products are food items, we may only accept returns of Products that are unopened, unused and in their original packaging for hygiene and health protection reasons.

Return Address of the website www.ohlivebutter.com

LOMBARDIA FOOD CREATOR NV
Duffelsesteenweg 146
2550 Kontich
Belgium

8.2. Once the returned Products have been received correctly and within the applicable period, we shall reimburse the full purchase price, including the standard delivery costs (excluding any supplementary costs resulting from your explicit choice of a delivery method other than the least expensive standard delivery option).

The reimbursement shall be made without undue delay and no later than 14 days after your notification of withdrawal. However, we may withhold reimbursement until we have received the returned Products or until you have provided proof that they have been returned, whichever occurs first.

9 Prices

9.1. The price stated in the Order confirmation constitutes the final price, including all applicable costs and VAT. This price includes the cost of the Products, handling, packaging, storage and transportation.

9.2. LOMBARDIA FOOD CREATOR NV reserves the right to modify prices at any time. Products shall, however, be invoiced on the basis of the prices in effect at the time the Order is placed.

10 Payment

10.1. Payment for the Products shall be made immediately using one of the payment methods offered on the Website.

10.2. An Order validated by the Customer shall only become effective once the secure payment institution and MOLLIE have approved the transaction. In the event of refusal by either party, the Order shall automatically be cancelled and the Customer shall be notified by email.

11 Liability

11.1. LOMBARDIA FOOD CREATOR NV shall not be liable for any damage resulting from improper use of the Products.

11.2. LOMBARDIA FOOD CREATOR NV shall not be liable for any modifications made to the Products by manufacturers.

11.3. In any event, the liability of LOMBARDIA FOOD CREATOR NV shall be limited to the total value of the relevant Order.

12 Personal Data

12.1. The collection of personal data is necessary for distance selling activities. Such information is essential for processing and shipping Orders. Failure to provide the required information may result in the inability to process an Order.

12.2. LOMBARDIA FOOD CREATOR NV highly values the protection of privacy and personal data. Personal data shall only be processed in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR) and other applicable legal requirements. Please also refer to our Privacy Policy.

12.3. LOMBARDIA FOOD CREATOR NV undertakes never to disclose Customers’ personal data to third parties.

13 Intellectual Property

The texts, page layouts, illustrations, photographs, datasheets and other materials displayed on the Website are protected by copyright and, more generally, by intellectual property laws.

No content from the Ohlive Butter Website may be copied, modified, reproduced, published or displayed on another website without the prior written consent of LOMBARDIA FOOD CREATOR NV.

The Website may also contain materials protected by the intellectual property rights of third parties. LOMBARDIA FOOD CREATOR NV grants no licence or authorization to use its own intellectual property rights or those of third parties.

14 Governing Law and Jurisdiction

Any dispute shall fall under the jurisdiction of the Courts of Antwerp, Belgium.

LOMBARDIA FOOD CREATOR NV is governed by and operates under Belgian law.