1.1. The contracts concluded between Coeur Catering and the client constitute a hire of services. The commitment of Coeur Catering is an obligation of means.
1.2. Unless otherwise stipulated, the period of validity of our quotations is 30 days.
1.3. Any order which has not been the subject of a written offer on our part shall only be binding if accepted by us in writing.
1.4. The signing of an order by the seller or one of his delegates, representatives or proxy holders shall not be deemed to be an assent nor a promise to sell, but only a perusal of the order and shall not deprive the seller of his right to refuse the order as provided below.
1.5. The seller is always free to refuse an order. Notice of refusal must be given to the buyer by registered mail at the latest one month before the reserved date or delivery date. Under no circumstances shall the seller owe any compensation for such refusal. The procedure of refusal, as described above, shall only be carried out if an advance payment has been made.
2.1. Our prices are quoted in Euro and are always exclusive of V.A.T. Any increase in the V.A.T. rate or any other tax of any kind between the order and the execution will be at the buyer's expense.
2.2. Unless otherwise stipulated, prices may change due to increases in purchase prices, salaries, social and fiscal charges, as well as any other objectively measurable circumstance.
3.1. When using the catering services in a room that does not belong to us or when organising a catering event or party in one of our halls or lounges, the buyer undertakes to pay an advance.
3.1.1. Following confirmation of the event, an advance invoice will be issued in the amount of 25% of the total estimated price.
3.1.2. A second advance invoice amounting to 50% of the total estimated price shall be issued no later than one month before the date of the event.
3.1.3. At the end of the event, a final invoice will be drawn up for the remaining balance, taking into account any additional or reduced costs.
3.1.4. All advance invoices shall be paid within the time limit set out in clause 5.1.
3.1.5. If the client fails to pay the advance invoices within the set deadlines, Coeur Catering reserves the right to suspend or cancel the execution of the contract, in accordance with article 7.
3.2. Any cancellation of the order must be made in writing. It is only valid subject to written acceptance by Coeur Catering.
3.3. In the event of cancellation of the party or event, for whatever reason, the deposit paid will not be refunded under any circumstances. Except in the case where the seller is able to rebook a similar party on the date fixed by the buyer in the hall or salon reserved by the buyer, in the event of cancellation, the buyer will also have to pay compensation equal to 20% of the estimated value of the party or event to be arranged. If the rebooking occurs during the 14 days preceding the reserved date, 80% of the estimated value of the party to be furnished shall be payable.
3.4. If, after passing on the order and its acceptance, the catering service ordered is abandoned by the buyer, for whatever reason, the advance paid will not be refunded under any circumstances. The costs already incurred to realise the catering service ordered (rental equipment, staff costs, etc) must also be compensated, which are in addition to and above the advance paid, which - as described above - is non-refundable.
3.5. In the event of cancellation due to force majeure (e.g. pandemic), the above cancellation conditions lapse and the following conditions apply:
4.1. The buyer is liable for any damage caused to the building, the garden, and all goods located in the building or in the garden as a result of errors or carelessness committed by himself or his guests.
4.2. The seller is not liable for accidents and/or damage or theft that would occur in the car park, in the building or cloakroom, by to or from the guests of the party furnished by the buyers.
5.1. Invoices (including advance invoices) are payable at the registered office no later than 15 days after the invoice date.
5.2. If the invoice is not paid on the due date, interest of 1% per month shall become payable by operation of law and without notice of default, each month commenced counting in full.
5.3. Any non-payment of an invoice on the due date shall entail the claimability of the invoices drawn up at that time on behalf of the same buyer.
5.4. In case of late payment, a lump-sum compensation of 10% on the principal amount to cover the extrajudicial recovery costs caused by the non-payment, with a minimum of €125.00 and a maximum of €1.850.00, without prejudice to the creditor's right to claim compensation for the judicial recovery costs caused by the non-payment and without prejudice to the creditor's right to claim compensation for other damages not purely caused by the non-payment.
5.5. If several invoices need to be made, there will be a charge of €25.00 per additional invoice.
6.1. Any invoice must be protested within a period of 10 days, failing which it shall be deemed accepted.
6.2. Complaints or objections concerning the quality and quantity of the goods must reach us by registered letter within 8 days of delivery in order to be taken into account.
6.3. Current terms and conditions of sale form an integral part of the agreement. The tacit acceptance of the order form and/or invoice constitutes acceptance of our (sales) terms and conditions.
7.1. The seller shall be entitled to dissolve the contract by simple registered notice to the customer/buyer, if the latter fails to fulfil one of his contractual obligations, in particular if he fails to pay the advance invoices within the period provided for in Article 5.1, if he fails to pay an invoice for more than 30 days, or if it appears that he will not or is unlikely to fulfil one of his obligations, even if this obligation is not yet due.
7.2. Upon dissolution of the contract in application of the first paragraph, the customer/buyer will be liable to pay compensation equal to 15% of the price.
7.3. In the event of cancellation by the buyer, the provisions described in Article 3 shall apply.
7.4. If the seller fails to comply with its obligations, it undertakes to compensate the buyer in the same way as stipulated above.
7.5. However, when extraordinary circumstances occur, the seller is entitled to terminate all or part of the agreement without owing compensation to the buyer. Such extraordinary circumstances may include disasters, strikes and force majeure.
The equipment (tables, chairs, crockery, etc.) is delivered to the client in perfect condition. The client undertakes to report any visible defects to Coeur Catering at the time of reception. At the end of use, the customer undertakes to leave the equipment in the same perfect condition as when it was received. Any damage resulting from the client's improper use of the material will give rise to compensation by the client.
9.1. This agreement is governed by Belgian law.
9.2. Only the courts of the legal district of Ghent and the Justice of the Peace of First Canton of Ghent are competent, without prejudice to our right to sue before the courts of the customer/buyer's domicile.