Article 1: Purpose and Scope

1.1 These general terms and conditions of sale (GTC) govern the contractual relationship between SRL AKILEA, whose registered office is located at Avenue d’Iena 14 - 1410 Waterloo, registered with the BCE under number BE0827614292, hereinafter referred to as "Akilea" or "the Seller", and any client, whether professional or not, hereinafter referred to as "the Client", wishing to purchase food products from Akilea.

1.2 These GTC apply to all sales of products concluded between Akilea and the Client, unless an express written derogatory agreement has been reached between the parties. The Client explicitly waives their own general terms and conditions of sale, even if these were established after these GTC.

Article 2: Orders

2.1 Any order placed by the Client implies their unreserved acceptance of these GTC.

2.2 Orders can be placed by telephone, email, or via the Akilea website. The order is considered final after confirmation by Akilea.

Article 3: Price

3.1 Product prices are indicated for information purposes in euros and are exclusive of taxes (VAT) and delivery costs. Akilea reserves the right to modify its prices at any time, however, products will be invoiced based on the rates in effect at the time of order confirmation.

3.2 Any promotional offers are valid within the limit of available stocks and for the duration indicated.

Article 4: Payment

4.1 Invoices are payable within 15 working days from the invoice date, unless otherwise stated on the invoice or order form.

4.2 Payment can be made by bank transfer to the details indicated on the invoice. 4.1 Invoices are payable within 15 working days from the invoice date, unless otherwise stated on the invoice or order form.

4.3 Any invoice unpaid by its due date will be increased automatically and without notice by an interest rate of 11.5% per annum (Law of 02.08.2002), and an indemnity penalty clause of 10% of the unpaid amount with a minimum of 50.00 EUR per invoice. In the event of late payment, AKILEA may also suspend all current orders, without prejudice to any other course of action.

If the client justifies their status as a consumer within the meaning of Article I.1, 2° of the Code of Economic Law, the aforementioned penalties will be due 14 days after the sending of a free formal notice that has remained unanswered and will be capped as follows:

a) The late interest rate is set at the reference rate increased by eight percentage points as referred to in Article 5, paragraph 2, of the Law of August 2, 2002 on combating late payment in commercial transactions.

b) The fixed penalty clause is set at:

• 20 EUR if the balance due is less than or equal to 150 EUR;

• 30 EUR plus 10% of the amount due on the bracket between 150.01 EUR and 500 EUR if the balance due is between 150.01 EUR and 500 EUR; 

• 65 EUR plus 5% of the amount due on the bracket exceeding 500 EUR with a maximum of 2,000 EUR if the balance due is greater than 500 EUR. 4.4 Any payment of open invoices is intended to settle the oldest invoices.

4.4 Any payment of open invoices is intended to settle the oldest invoices.

Article 5: Delivery

5.1 Delivery is made to the address indicated by the Client when ordering. Delivery times are given for information purposes only and shall not engage the responsibility of Akilea in case of delay due to force majeure or an event beyond its control.

5.2 Delivery costs are the responsibility of the Client, unless otherwise agreed.

5.3 The Client is required to check the condition of the products upon delivery. Any anomaly (missing product, damaged, etc.) must be reported to the carrier and to Akilea within 24 hours following receipt.

Article 6: Retention of title

Akilea retains ownership of the goods sold until full payment of the price.

Article 7: Warranty

7.1 Products are guaranteed against lack of conformity and hidden defects, in accordance with the legislation in force.

7.2 Any claim concerning a lack of conformity or a hidden defect must be notified to Akilea by email with acknowledgment of receipt within 3 days following the delivery of the products.

Article 8: Liability

8.1 Subject to the application of mandatory legal provisions in this matter, the parties expressly agree that the liability of AKILEA can only be engaged in the event of proven gross negligence or intentional act and provided that positive proof is provided of the causal link between the gross negligence or intentional act and the damage suffered. If such liability is invoked, the parties expressly agree that AKILEA can be held liable only for damage that is the direct consequence of the proven gross negligence or intentional act.

8.2 Akilea can in no case be held responsible for indirect damages (loss of business, loss of profit, etc.) suffered by the Client.

Article 9: Applicable law and competent jurisdiction

9.1 Only Belgian law is applicable.

9.2 Any dispute relating to the interpretation or execution of these GTC will be under the exclusive jurisdiction of the courts of Brussels [Justice of the Peace of Uccle] sitting in French, which shall be competent notwithstanding plurality of defendants or impleader, even for emergency or conservatory proceedings.

Article 10: Personal data

Akilea undertakes to respect the confidentiality of the Client's personal data and to process it in accordance with the legislation in force regarding data protection.

The Client has a right of access, rectification, erasure, and portability of data concerning them, as well as the right to object to the processing for legitimate reasons, rights which they can exercise by contacting the data controller at the postal or email address mentioned above, attaching a valid proof of identity. In case of complaint, the Client can contact the data controller at the following email address: compta@akilea.be