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HOF VAN CLEVE’S GENERAL TERMS AND CONDITIONS FOR DISTANCE SELLING.
1. Hof van Cleve’s contact details.
Hof van Cleve
RLP / VAT-number: BE 0480.498.705
Hereafter named “Hof van Cleve”.
2. Content and terms of the agreement
§1 These general terms and conditions are applicable to every offer of Hof van Cleve and to every distance
agreement concluded between the Customer and Hof van Cleve, through the website www.hofvancleve.
com, through related websites where products and services of Hof van Cleve (like e.g. http://www.re-
serveernu.be/) can be bought or by telephone (hereafter called “distance sale”). This agreement can
consist of the purchase of products and/or the reservation of services.
§2 These general terms and conditions have priority over the Customer’s possible general purchase condi-tions of which the application is being explicitly excluded.
§3 The Customer can acquaint himself of the general terms and conditions by clicking the link on the website www.hofvancleve.com or by clicking the link on the reservation and ordering page. These general terms and conditions are placed at the Customer’s disposal in a durable medium (PDF) so that these remain unaltered when saved and/or printed. The Customer can therefore easily consult these terms and condi-tions later on. During the purchasing process, the Customer will be explicitly asked to declare he has read the general terms and conditions and that he accepts these without reservations. This can be done by means of ticking the intended checkbox.
§4 In case of distance selling by telephone, a link to these general terms and conditions will be included in the confirmation e-mail.
3. Prices and realization of the agreement
§1 The purchasing process will start as soon as the Customer confirms a reservation and/or places products
in the shopping cart of the webshop. The agreement takes effect from the moment the Customer ticks the
checkbox to accept these terms and conditions and consequently confirms his order and/or reservation.
§2 The products and services that the Customer can buy through the Internet are being described in an adequately detailed way, in the webshop or on www.hofvancleve.com, so that the Customer can assess the product or the service correctly. If the Customer is unsure of the service’s content or the product that he wishes to buy through the Internet, it is his responsibility to obtain the necessary information from Hof van Cleve before placing the order.
§3 Great care is taken when displaying the prices on the website www.hofvancleve.com, yet possible errors do not bind Hof van Cleve as long as the distance purchase has not been concluded. Once the process of distance selling has been concluded, the prices shown in the order overview are the ones applicable. All offers are valid while supplies last.
§4 The offer price is not necessarily an all-in price. At the occasion, the Customer can order extra food, drinks or other options which will then be charged at standard prices.
4. Cancellation period and right of withdrawal
§1 The Customer, in the capacity of natural person, has, in the event of a purchase for non-professional
purposes, the right to inform the company of his wish to withdraw the purchase, without penalty and
without giving any reason, within fourteen calendar days starting the day following delivery of the goods
or conclusion of the service agreement and this to the extent authorized by law. If it comes to that, the
Customer will only be charged with the direct costs of returning the goods.
§2 In each of the following cases, the Customer does not have the right to withdraw from the purchase:•
Services for which the provision has begun, with the explicit consent of the customer, before the cancellation period has expired.
Goods made to the consumer’s specifications or goods that are personal in nature.
Goods which by reason of their nature cannot be returned.
Goods which are liable to deteriorate or expire rapidly.
This means in concreto that in case of a purchase by distance means from Hof van Cleve, the Customer
does not have the right to withdraw from the purchase
in each of the following cases:
The Customer makes the reservation or places the order in the capacity of Trader or for professional purposes.
The Customer purchases a gift voucher of which the value has already been consumed at the time the Customer claims his withdrawal rights.
The delivery contains perishable goods.
The Customer orders/makes a reservation for a service less than fourteen calendar days in advance.
§3 If the Customer wishes to make use of his right of withdrawal, he should notify Hof van Cleve of this intention in writing during the cancellation period by sending his request to Hof van Cleve, Riemegemstraat 1, BE-9770 Kruishoutem or to firstname.lastname@example.org.
5. Advance payment and cancellation regulations
§1 When the distance sale for reservations up to 8 persons is being concluded, it is likely the Customer will
be asked for an advance payment of part of the amount or the full amount owed and to which the cancel-
lation regulations apply.
§2. When an advance payment is required, the Customer will be informed of a due date subject to the time of ordering.
§3 If the advance payment is not received within the indicated period of time, Hof van Cleve has the right to unilaterally terminate the agreement and without further notice.
§4 When the Customer opts for an online payment, Hof van Cleve has the right to unilaterally terminate this agreement provided that the payment has not been done successfully within 30 minutes following confirmation of the purchase.
§5 In the event of a distance sale by telephone, the advance payment implicates that the Customer irrevo-cable accepts these regulations.
§6 If the Customer cancels his order, the following cancellation regulations will be applied in order to
possibly retrieve the advance payment:
• If the Customer makes a cancellation more than 14 calendar days (more than 4 weeks for group
reservations of 20 people or more) prior to delivery of the goods or services, he will receive a full
refund of the advance payment.
• If the Customer makes a cancellation between 14 and 7 calendar days (3 weeks for group reserva-
tions of 20 people or more) prior to delivery of the goods or services, he will receive a 50% refund
of the advance payment.
• If the Customer makes a cancellation less than 7 calendar days (2 weeks for group reservations of
20 people or more) prior to the delivery of the goods or services, the advance payment will not be
refunded, it will cover the administrative costs instead.
§7 The cancellation regulations will be applicable at all times. On no account the Customer may appeal to circumstances beyond one’s control (i.e. accident, bad weather, illness, death, impediment, etc.). §8 Cancellations can only be made by telephone or alternatively by e-mail. Cancellations by SMS or by any other means will not be considered valid.
§9 When the advance payment needs to be (partially) refunded to the Customer, this will be done by means of a gift voucher. There is no interest due on advance payments.
6. Confirmations and reminders
§1 When placing an order and/or making a reservation, the Customer will always receive a confirmation
e-mail, if a valid e-mail address has been communicated, and if desired a confirmation by SMS.
§2 The Customer will receive a reminder about the collection of the goods or the execution of the services by e-mail and/or SMS, except when the Customer has indicated that he does not wish to receive reminders.
§3 The following precautions will be taken:
• The Customer should reconfirm his reservation 7 days prior to arrival.
The Customer should reconfirm his reservation for groups of 6 people or more 14 days (4 weeks for
groups of 20 people or more) prior to arrival. For groups of 6 people or more, the Customer will need to
select a menu in advance (more information can be found under the “Menu” item on our website), this
mainly for practical reasons towards the kitchen. The choice of menu will be served for all members of
the Customer’s party. This choice needs to be communicated at the time of reconfirming the reservation.
• In the event of cancellation less than 48 hours prior to arrival or in case of a “no show”, a fixed
amount of € 150,- per person will be charged, except when the Customer has paid an advance
payment. This Customer will not receive a refund of his advance payment (cf. Chapter 5 – Advance
payment and cancellation regulations).
• If the Customer does not reconfirm his reservation, this will be considered as a cancellation, conse-
quently above-mentioned regulations will apply.
• When the Customer concludes the reservation, he consequently agrees with the above-mentioned
regulations and gives Hof van Cleve the irrevocable authorization to deduct these compensations
from the mentioned credit card or by means of invoicing.
§4 The Customer cannot choose not to receive payment reminders in case the advance payment was not paid directly online.
§5 For technical reasons, the delivery of confirmations and/or reminders by e-mail and/or SMS from Hof van Cleve can never be 100% guaranteed. The Customer can never state that the event of not receiving a confirmation or reminder is the reason for his cancellation of the agreement. In the event of not receiving a confirmation or reminder, the Customer can always contact Hof van Cleve with the request to forward these documents once again.
7. Applicable law and liability
§1 The present agreement is subject to Belgian law only.
§2 Occurring disputes are subject to the exclusive jurisdiction of the courts of Ghent.
§3 The Customer who makes the reservation or places the order, will be held responsible by Hof van Cleve.
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