The French version shall prevail.
1. Identification
These general terms and conditions apply to all offers, orders, sales, deliveries and services carried out under the trade name RALPH & ROXY'S, operated by FINGER SRL, having its registered office at Rue Valise 3b, 1320 Nodebais, Belgium, registered under company number 0462571719 and VAT number BE0462571719. E-mail: info@finger.be. Phone: +32 475 26 78 76.
2. Scope
These general terms and conditions apply to all contractual relationships between FINGER SRL / RALPH & ROXY'S and its customers, whether business customers or private individuals, unless expressly agreed otherwise in writing. By placing an order, the customer acknowledges having read and accepted these terms and conditions without reservation.
3. Offers and orders
All offers and quotations are provided for information purposes only and shall bind FINGER SRL only after written confirmation of the order. An order shall only be deemed accepted after written confirmation by FINGER SRL or once performance has started. FINGER SRL reserves the right to refuse an order in case of unavailability, incomplete information, doubts regarding the customer's solvency or force majeure.
4. Products and services
RALPH & ROXY'S sells, among other things, artisan ice cream products, frozen desserts, related products, event services, deliveries, equipment provision and related services. Due to the artisanal nature of the products, slight variations in taste, colour, presentation, weight or composition may occur without constituting a defect.
5. Prices
All prices are expressed in euros. Unless stated otherwise, prices for consumers include VAT. Prices communicated to professional customers may be exclusive of VAT. Delivery, transport, installation, collection, rental, staffing and other additional costs are not included unless expressly stated otherwise.
6. Payment
B2C: unless otherwise agreed in writing, payment is due in cash and immediately upon collection, delivery or performance. B2B: unless otherwise agreed in writing, invoices are payable within 14 calendar days from the invoice date. Any complaint relating to an invoice must be submitted in writing and with reasons within 7 calendar days from the invoice date, failing which the invoice shall be deemed accepted. In the event of non-payment on the due date by a professional customer, late payment interest and fixed compensation of 10% of the outstanding amount, with a minimum of EUR 40.00, shall be due automatically and without prior notice. In the event of non-payment, FINGER SRL reserves the right to suspend any further deliveries or services until all outstanding amounts have been paid in full.
7. Retention of title
Delivered goods shall remain the property of FINGER SRL until full payment of the principal, interest and costs. Risk shall nevertheless pass at the time of delivery or making available.
8. Delivery and performance
Delivery and performance times are indicative unless expressly agreed otherwise. A reasonable delay shall not entitle the customer to cancel the order or claim compensation. The customer must inspect the products upon receipt. Any complaint regarding visible damage, missing quantities, incorrect delivery or apparent non-conformity must be notified immediately or, at the latest, within 24 hours after receipt for perishable goods.
9. Perishable products and storage
Products sold by RALPH & ROXY'S are generally perishable and must be stored and consumed under appropriate conditions. From the time of delivery or collection, the customer is responsible for proper storage, including temperature, hygiene, storage conditions and consumption timing. FINGER SRL shall not be liable for melting, deterioration, loss of quality or spoilage resulting from improper storage or a break in the cold chain after delivery.
10. Special orders, events and cancellations
Any personalised, made-to-order or event-related order, including catering services or equipment provision, may require an advance payment. Unless otherwise agreed: for cancellation more than 14 calendar days before the scheduled date, the advance payment shall be retained up to the amount of costs already incurred; between 14 days and 7 calendar days before the scheduled date, 50% of the agreed amount remains due; less than 7 calendar days before the scheduled date, 100% of the agreed amount remains due. Any costs already incurred with suppliers or third parties shall in all cases remain payable by the customer.
11. Right of withdrawal
For distance or off-premises contracts concluded with consumers, the right of withdrawal shall apply only where provided by law. In particular, this right shall not apply to perishable goods, personalised or made-to-order products, or catering, delivery or event services scheduled for a specific date.
12. Warranty and complaints
The customer must notify any non-conformity or complaint as soon as possible and, for perishable goods, no later than 24 hours after receipt. For non-perishable consumer goods sold to consumers, mandatory legal warranties remain applicable.
13. Liability
FINGER SRL's liability is limited to proven direct damage resulting from gross negligence or wilful misconduct. Subject to mandatory legal provisions, FINGER SRL shall not be liable for indirect damage, loss of business, loss of turnover, loss of customers or damage resulting from improper use of the products or failure to follow storage instructions. In any event, if FINGER SRL is held liable, such liability shall be limited to the invoiced amount of the relevant order.
14. Force majeure
FINGER SRL shall not be liable for delay or non-performance due to force majeure or events beyond its reasonable control.
15. Intellectual property
All texts, visuals, logos, trade names, photographs, graphic creations, concepts and content communicated by RALPH & ROXY'S remain the exclusive property of FINGER SRL or its rights holders. Any reproduction or use without prior written permission is prohibited.
16. Personal data
The customer's personal data are processed by FINGER SRL in connection with orders, deliveries, invoicing, customer service and legal obligations. The customer may exercise their rights by contacting FINGER SRL via the above-mentioned e-mail address.
17. Partial invalidity
If any provision of these terms and conditions is held invalid, the remaining provisions shall remain in full force and effect.
18. Applicable law and jurisdiction
These general terms and conditions are governed by Belgian law. In the event of a dispute with a professional customer, the courts of the district of FINGER SRL's registered office shall have jurisdiction. In disputes with consumers, mandatory legal jurisdiction rules shall apply.