Terms and Conditions

The Applied Terms and Conditions

The following terms and conditions (the “Conditions”) shall govern all orders placed through the CANBE BRAND webshop. By ordering products on the CANBE BRAND webshop, you agree to be bound by and accept these Conditions.
CANBE BRAND reserves the right to change these Conditions without prior notice at any time, at CANBE BRAND’s sole discretion.

Stock

All sales are subject to stock availability. If an item is out of stock, we will wait for the item to be available before dispatching your order. Existing items in the order will be reserved while we await this item.

Our company does its upmost to maintain accurate stock counts on our website but from time-to-time there can be a stock discrepancy and we will not be able to fulfill the supply of all items at time of purchase. In this case we will contact you to see if you would rather wait for restocking of the ordered item or if you would prefer for us to process to a refund.

Price

All prices on the CANBE BRAND webshop are displayed in Euro, including VAT. The costs for payment and shipment are not included in those prices.

Import duties and taxes for international shipments can be liable to be paid upon arrival in destination country. This varies by country, and Bergendal & Co encourage you to be aware of these potential costs before placing an order with us.

If you refuse to pay the duties and taxes upon arrival at your destination country, the goods will be returned to CANBE BRAND at the customers expense, and the customer will receive a refund for the value of goods paid, minus the cost of the return shipping. The cost of the initial shipping will not be refunded.

Sale agreement

Before payment of your order is requested on the CANBE BRAND webshop, you will be prompted to confirm to agree to these full Conditions.
Purchases through the CANBE BRAND webshop are only concluded once a confirmation message appears on your screen and CANBE BRAND has received full payment of your order.

Payment

You acknowledge and agree to pay for all charges for shipping, payment and handling, as well as VAT and all other applicable taxes, associated with your order. These charges will be automatically calculated for you, clearly displayed when placing your order and debited from your credit/debit card together with the total cost of the product.

Shipping costs are calculated at checkout based on weight, dimensions and destination of the ordered items. Payment for shipping is collected within the purchase.

The price indicated is the final price for shipping cost to the customer.

Shipment & Delivery

CANBE BRAND uses third party services to ship your order. Shipment costs will depend on the destination of your order. These costs are clearly displayed when placing your order through the CANBE BRAND webshop.

The order will be shipped after receipt of payment (within 7 business day after receipt of payment). The final delivery time will never exceed four weeks, except in cases of force majeure. If this period is exceeded, the customer should inform the company.

Delivery and shipping dates stated herein are best estimates only and CANBE BRAND shall not be liable for any loss, damage, cost or expense for/caused by failure to deliver in accordance with any specified shipping or delivery dates.

The deadlines and delays for the execution of the company’s obligations are not strict. They are purely indicative with regard to stock availability, manufacturer constraints, delays or non-performance by the company’s suppliers and subcontractors, holidays and events of force majeure. The company can only be held liable if the delay is significant and attributable exclusively to gross negligence and intent on its part.

Additionally the company declines all responsibility in the event of prolonged delivery time due to the postal services or means of transport, as well as in the event of loss, deterioration or theft of the goods ordered during transport or a strike by the post office or the postal carrier.

The client has no right to refuse services or goods, or to demand compensation or to dissolve the order due to a delay in delivery for which the company is not responsible or due to a delay that is considered reasonable when the company is responsible for it, except in the case of express agreement by the company in view of the circumstances, in which case the company will grant the client a voucher.

Should the client be absent when the postman or the carrier visits the place of delivery and if the client does not collect his order during the period when the parcel remains at his disposal at the post office or at the carrier’s location, the costs of re-shipment will have to be paid by the client.

Modifications requested after the order by the customer that deviate from the initial agreement will result in a price supplement and may lead to an extension of the delivery or service period.

Product Offer

Despite the fact that the CANBE BRAND website and webshop are compiled with the utmost care, it is still possible that the displayed information is incomplete, contains material errors or is not up to date. If you have specific questions, please contact our customer service (see below). CANBE BRAND is only bound to an obligation of means with respect to the correctness or completeness of the displayed information.

All products and services are subject to availability and may be withdrawn at any time. We update the CANBE BRAND webshop in an effort to offer you the most up to date products available. It may be possible that an item is out of stock. If the total shipping period is likely to take over 15 working days from the acceptance of the order, you will be contacted by our services.

CANBE BRAND reserves the right to, without communication of any justification, refuse orders, adjust the delivery terms, make partial shipments (instalment deliveries) or apply other conditions to the delivery.

CANBE BRAND seeks to use local ingredients and raw materials in the formulation and content of the products we sell.  However we can not a guarantee that our ingredients are from our own production or from a Belgian production or supply source.

Reservation of Title

The delivered goods remain the exclusive property of CANBE BRAND until full payment. The risk of loss of damage in respect of the products is transferred to you at the moment of the delivery. You undertake, if necessary, to inform any third party of CANBE BRAND’s retention right.

Right of Purchase Return

CANBE BRAND accepts returns and renunciations of purchase due to a change of mind as long as the request to return is received within 15 days of the receipt of the item.

Returned goods must be intact and in their original unopened and undamaged packaging, accompanied by all accessories, leaflets and invoice or proof of purchase, The right of cancellation shall not apply to used products or products with (partly) opened packaging.

If you wish to use your right to cancel the purchase, you are required to inform us in writing within 15 calendar days of receiving the goods, at the following address: CANBE BRAND 412 Avenue de Tervuren, 1150 Bruxelles . The goods need to be returned at your risk and expense.

Warranty Returns

If you find a parcel is damaged in-transit, if possible, please reject the parcel from the courier and get in touch with our customer service. If the parcel has been delivered without you being present, please contact customer service with next steps.

If the goods delivered by CANBE BRAND exhibit defects or prove to be defective, they will be replaced by CANBE BRAND, free of charge, within the applicable warranty periods and conditions prescribed by Belgian law. CANBE BRAND then becomes the owner of the replaced goods.

Once warranty claim is confirmed, you will receive the choice of:

(a) refund to your payment method

(b) a replacement item sent to you (if stock is available)

Privacy Policy and Statement

CANBE BRAND respects your privacy when visiting our website, and this in accordance with the provisions as described below (the CANBE BRAND, “Privacy Policy”) and in accordance with the applicable legislation regarding the protection of personal data.

By visiting our website, you agree with the collection, the use and the publication of your personal data in accordance with this  CANBE BRAND Privacy Policy.

Through our website, you may request information or submit orders.

In case of a request for information, CANBE BRAND demands a minimum of personal data in order to be able to contact you:

∙ name
∙ first name
∙ e-mail address.

If you submit an order through our website, CANBE BRAND demands a minimum of personal data in order to be able to process you order:

∙ name
∙ first name
∙ e-mail address
∙ telephone number

You are free to provide more personal data should you wish to do so.
Our main goal for processing your personal data is to deliver the requested services or information.

As a consequence of the placement of your order on our webshop, we are obliged to use the personal data you provided for fulfilling our legal obligations in terms of executing a sales contract.

In addition, your personal data are kept in a file, in order to inform you of our activities. In so far as you have given your permission thereto, we can also use your personal data for direct marketing through e-mail.

By contacting CANBE BRAND on the following address: CANBE BRAND, 412 Avenue de Tervuren, 1150 Brussels or by sending an e-mail to info AT canbe.farm, you may always retrieve and/or correct or delete your personal data from our file.

By sending your personal data through our website, you give CANBE BRAND the permission to share this information with its subsidiaries and branches. CANBE BRAND will only submit your personal data to these undertakings for the purposes for which they were assembled.

CANBE BRAND is entitled to change this Privacy Policy at its own discretion. Therefore we advise you to read the CANBE BRAND Privacy Policy whenever you submit your personal data through our website.

If you have questions or remarks regarding this Privacy Policy, please do not hesitate to contact us on the following address CANBE BRAND, 412 Avenue de Tervuren, 1150 Brussels, Belgium, or by sending an e-mail to info AT canbe.farm. You also have the right to file a complaint to the Belgian Commission for the Protection of Privacy, 35, Rue de la Presse, 1000 Brussels, Tel +32(0)274.48.00, Fax +32(0)274.48.35 , e-mail commission@privacycommission.be

Force Majeur

CANBE BRAND shall not be liable for loss or damage caused by any shortcomings, delay or failure to perform its obligations under these Conditions caused by Force Majeur, including strikes, lockouts, riots, war, fire, accidents, suppliers of CANBE BRAND’s materials or manufacturing shortages, government restrictions or denial of import or export licences, or compliance with any law, regulation or order, or due to any other circumstances or causes that have the effect of frustrating the performance of these Conditions, or any other cause beyond the control of  CANBE BRAND.

Complaints to BERGENDAL & CO (CANBE BRAND)’s customer service

Any defect, visible damage and/or qualitative deficiency of an article or other failure in the delivery must be reported to CANBE BRAND within 15 calendar days following the day of receiving the goods, under penalty of loss of any right.

CANBE BRAND’s customer service can be contacted by e-mail on info AT canbe.farm, of by mail at the following address: CANBE BRAND, 412 Avenue de Tervuren, 1150 Bruxelles.

Waver of right and Divisibility

The invalidity of one or more of the phrases, sentences, clauses, sections or articles contained in these Conditions shall not affect the validity, legality or applicability of the remaining provisions of these Conditions.

Failure by CANBE BRAND to enforce its rights under any of these Conditions shall not be deemed to constitute a waiver of its rights or remedies under these Conditions.

Proof

To the fullest extent allowed by law, in the event of dispute you agree not to bring into question the admissibility as evidence of any electronic communications, electronic signatures and back-ups between the parties under these Conditions.

Applicable law and competent court

Belgian law applies to all rights, obligations, offers, orders and agreements to which these Conditions apply as well as to these Conditions, with exception of the Belgian rule of conflict of law as provided by Belgian Private International law. In case of a dispute, only the courts of Brussels will be competent.