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Terms of service

TERMS AND CONDITIONS FOR THE GODIVA WEBSITE – EU

  1. Parties and Content

These terms and conditions (the "Terms") apply when you ("you" or "your"), as consumer acting outside of professional purposes, access and use our services or website (the "Website"), and order Godiva products offered for sale on the Website (the "Products") from us, the seller (when referring to us, we use the expressions "we", "us", or "our"):

E STAR BELGIUM

Incorporated and operating under the laws of Belgium

Company number: 0793.643.409

Our HQ is located in Belgium, at Chaussée de La Hulpe 166 boîte 25, 1170 Bruxelles.

We invite you to read these Terms carefully as they contain essential information as to our obligations as seller, as well as your obligations and rights as buyer. These Terms also give you useful information regarding orders for Products made through the Website. We invite you to download and save a durable copy of these Terms on your device or to print them for further reference.

While using the Website, your personal data may be collected. While we are your main point of contact and responsible for the performance of your orders and your customer care, the data controller for your personal data will be Godiva Belgium SRL, a limited liability company incorporated and operating under the laws of Belgium, having as company number 0435.002.438 and with registered address in Belgium, 1070 Anderlecht, Rue des Vétérinaires 42D (below, "Godiva"). As a result, any question or inquiry related to the processing of your personal data should be addressed directly to Godiva (using the e-mail address: privacy@godiva.com).

  1. Contact Information

These Terms govern the relationship and contracts concluded between you and us.

You can contact us using the following means of communication:

  1. By e-mail at: online@godiva.com.tr

 

  1. Your use of the Website

3.1           Issues using the Website. While we will do our best to ensure that the Website is up to date and is accessible at any time, we cannot prevent exceptional service interruptions or mistakes to arise on the Website, which prevent your normal use of the Website. In these cases, we will remedy the issue in a timely manner. Provided that these issues remain exceptional, and there is no case of malice on our side, we cannot be held liable towards you if you cannot temporarily use the Website or any of its features, including for service interruption, slowing down, accessibility issues, corruption, destruction or loss of data.

3.2           Linking to a third-party website. On the Website, we may be referring or provide links to other websites that are operated by third parties. These links are provided for information purposes.

You may, when using the Website, click on these links and be redirected to a third-party website. We will normally inform you when you are leaving our website and access a third-party website.

Once you access a third-party website, you acknowledge that we cannot control and are no longer liable for the functioning and features of that third party website.

  1. Products on the Website

4.1           The pictures of the Products displayed on the Website are for information purposes only. We invite you to read the Product descriptions carefully as well as their specification before ordering them. Please consider that due to the nature of our Products, the pictures of the Products displayed on the Website can occasionally differ from the actual Products delivered. You can always contact us if you need more information on one or several Products by using the contact information referred under Clause 2.

4.2           The Products we offer for sale remain our property until you proceed to full payment in accordance with the order procedure set out under Clause 8. After payment is executed, all property rights on the Products will be passed on to you.

4.3           The Products offered for sale on the Website may be temporarily or definitely unavailable, and we will keep you informed on the Website.

  1. Places of delivery

5.1           These Terms apply to your orders for which your delivery address (or the recipient's delivery address) is located in one of the Member States of the European Union.

5.2           Delivery Restrictions. You cannot validly place an order with us using the Website and these Terms in the following cases:

(a)            You have provided us with a PO Box, or a forwarding or a military Army Post Office "APO" address from the United States and present within the territory of the European Union;

(b)            For deliveries to France: if the delivery address is outside of continental France (i.e., oversea departments or territories);

(c)             For deliveries to Spain: if the delivery address is in the Baleares islands or Canaries islands.

  1. Prices

The prices of our Products are indicated inclusive of taxes (VAT and any other applicable tax).

The costs for delivery and dispatching the Products will be displayed separately on the Website. you will be informed of these additional delivery and dispatching costs, if applicable, at the latest before you confirm your order on the Website.

  1. Creating and using an account on the Website

7.1           You do not need to create a personal account in order to use the Website and validly place an order for Products.

7.2           However, you have the possibility to create your personal account (the "Godiva Account"), free of charge, by signing up on our Website following these steps:

(a)            providing the following information:

  • your name and surname;
  • your billing address;
  • your delivery address;
  • your e-mail address.

(b)            You will then be required to accept these Terms and confirm your registration offer by clicking on the respective button;

(c)             Once your Godiva Account is created, you will receive an activation link in the e-mail address provided in your registration, which confirms our acceptance of our offer (contract conclusion). After clicking on the activation link, you will be redirected to the log in page of the Website.

(d)            You are now connected to your Godiva Account and can start using it to place orders for Products on the Website.

7.3           If you have created a Godiva Account, you will be entitled to additional features such as:

(a)            Receiving discount codes to be used in your orders;

(b)            Pre-registered data for your orders (including favourite billing and delivery addresses);

(c)             Creation of a shopping list, in which you can save your favourite Products for further orders;

(d)            View your order history;

(e)            Additional means of payment (including the possibility to pay for your orders on delivery).

7.4           You can only create one Godiva Account per person. If you have created multiple Godiva Accounts, we reserve the right to terminate them immediately.

7.5           Your Godiva Account is personal and only you can use it. You agree not to communicate your password or to otherwise grant access to your Godiva Account to anyone else.

7.6           You have the right to close your Godiva Account at all times, without incurring any fee, e.g. by sending us an e-mail using the contact information under Clause 2. While we will do our best to process your request smoothly, it can take up to 14 days from the date of your request before your Godiva Account is validly closed. You remain free to use your Godiva account during this period.

7.7           When using your Godiva Account, you agree to always comply with these Terms. We have the right to terminate or suspend your Godiva Account without having to state the reasons and by giving you a prior notice of fourteen (14) days. For instance, we will make use of this right to terminate if you:

(a)            Use your Godiva Account for fraudulent purposes;

(b)            Breach Clauses 8 (Order Conditions and Process) and/or 9 (Payments and Receipt) of these Terms, or applicable laws or regulations;

(c)             Breach the right of third parties (such as re-using materials on the Website that are protected by intellectual property rights);

(d)            Use your Godiva account in a manner that harms or is susceptible to harm our commercial interests for no justified reasons (such as, posting multiple negative reviews with no ground or using fake delivery addresses).

7.8           We will notify you without undue delay before we terminate or suspend your Godiva Account and inform you about the reason unless the reason is a violation of the applicable criminal laws and/or we are fulfilling legal obligations which do not require prior notification. We will reinstall access to your Godiva Account without undue delay, where you have provided compelling reasons that our action was not justified.

  1. Order conditions and process

8.1           You can order and purchase Products on the Website if you have the legal capacity to purchase the Products in your jurisdiction of residence and have a valid means of payment accepted on the Website.

8.2           When you order one or several Products on the Website, the following order process applies:

(a)            You click on the Product you want to order and are redirected on the Product's page;

(b)            You add the Product to your "Basket" by clicking on the dedicated "Add to Basket" button;

(c)             You will be redirected to your order summary, containing the Products that you have added to your Basket (type and quantity), if applicable, a gift from us, the applicable delivery costs, and the price (inclusive of all taxes). You will also have the possibility to enter promotional or rebate codes in the dedicated space.

(d)            If you want to continue browsing the Website for other Products, you can click "Add another Product". In that case, the order process starts back at point (a) above. If you want to finalise your order and then proceed to payment, click on "Pay Now" to be redirected to the next order page (see point (e) below).

(e)            You will be requested to enter your delivery address details. On this page, you can also indicate the recipient of the Products (if this is not an order you make for you), pick an occasion for sending the Products to the recipient (for example, a birthday or a departure gift) and leave a message or a note to the recipient. Once completed, you can click on the button "Continue with billing information" to be redirected to next page (see point (f) below);

(f)              You will be requested to enter your billing address details if these are different from your delivery address details.

You will then have the possibility, but not the obligation, to opt-in to our newsletter by clicking on the dedicated box.

Below, you will have the occasion to read and download these Terms once again, by clicking on a dedicated link, and confirm that you accept these Terms by clicking on the dedicated box. Please note that you will need to tick this box to finalise your order and proceed to payment.

After completing these steps, click on "Pay Now" to be redirected to the next page.

(g)            You will be requested to select your means of payment and tick the relevant box. You will then have to click on "Pay now" and enter the details of your means of payment. Once you have completed the relevant details, you will need to click on "Order with obligation to pay". Once you click on this button, you will confirm that a valid contract is entered between you and us and you will automatically proceed to payment through the means of payment entered.

(h)            You will then be redirected to the payment interface operated by our third party payment service providers (see details under Clause 9.1) and once the payment is successfully processed, you will be directed back to the Website.

(i)              You will land on a confirmation page setting out your order details as well as the price paid and other information. Shortly after that, you will also receive an e-mail confirming your order and summarising your order details at the e-mail address referred in your order. Please note that your e-mail provider may treat e-mails from Godiva as junk e-mails. If you have not received your confirmation e-mail, please also check your junk e-mails on your e-mail account page.

8.3           Your orders will be processed and dispatched to you or, if applicable, your recipient by Radial Belgium SA, a limited liability company incorporated and operating under the laws of Belgium, having as company number 0680.928.617, and with registered address in Belgium, at 1000 Brussels, Boulevard Anspach 1, Box 1.

8.4           Our average delivery times are the following: 2-5 days depending on the country of delivery. Please note that additional costs may apply for this faster delivery option.

Please note that there may be delays in your order due to events which we cannot control (postal/carrier delays, weather conditions, logistics issues) etc. In any event, we will inform you of any unexpected delay in your order and will commit to deliver your order within 30 days from its placement.

After your order is dispatched, you will receive an e-mail with a link allowing you to follow the status of your order.

8.5           If there is any issue with a delivery, we will be in touch with you using the contact information referred in your order. You can also reach out to us using the contact information set out under Clause 2 of these Terms or available when clicking on the "Contact Us" button on the Website. You will be required to enter your order number in order to allow us to proceed your query.

  1. Payment and receipt

9.1           Your payments for all orders placed on the Website are technically handled by a third party,Stripe Payments Europe Limited, a limited liability company incorporated and operating underthe laws of Ireland, having as company number 513174 and with registered address inIreland, at C/O A&L Goodbody, IFSC, North Wall Quay, D01 H1O4, Dublin.

9.2           By accepting these Terms, you agree that all of our receipts and invoices for your orders on the Website will be sent in electronic version only, at the e-mail address you indicated to us. If you wish so, you have the right to receive paper receipts and invoices instead, at no additional charge. You can make this request using the contact information set out under Clause 2 of these Terms or using our dedicated contact form available when clicking on the "Contact Us" button on the Website.

  1. Your withdrawal rights

10.1         Model instructions on withdrawal

Right of withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right of withdrawal, you must inform us:

E Star Belgium, Chaussée de La Hulpe 166 boîte 25, 1170 Bruxelles.

Phone contact: +441223081412

E-Mail address: online@godiva.com.tr

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

You will have to bear the direct cost of returning the goods..

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

10.2         Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract)

— To:

E Star Belgium, Chaussée de La Hulpe 166 boîte 25, 1170 Bruxelles.

e-mail: online@godiva.com.tr

— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

— Ordered on (*)/received on (*),

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) (only if this form is notified on paper),

— Date

 

(*) Delete as appropriate.

10.3         If possible, We would ask you to pack the Products, in their original packaging and complete with original labels, accessories, instructions for use and warranty notices, but this is not mandatory to make use of your statutory withdrawal rights;

10.4         You are free to choose the courier or delivery service you will use for returning the Products.

10.5         We will inform you shortly if there are any issue regarding your returned Products. You can also always contact us using the contact information set out under Clause 2  of these Terms or using our dedicated contact form available when clicking on the "Contact Us" button on the Website.  

10.6         If you have chosen for a faster or more expensive means of delivery, the costs exceeding those of a standard delivery will remain at your charge. For example, if the standard delivery in your country costs €2.5 but you opted for an express delivery for €8, then we will refund you €2.5. However, if the Products delivered were incorrect or damaged, and you benefit from your legal guarantee rights as explained under Clause 11 below, you will be entitled to a full refund of your delivery fee, regardless of the delivery option chosen.

  1. Your legal guarantee regarding conformity of the Products

11.1         European Union (except for France, see Clause 11.2). Your statutory warranty rights under EU Directive 2019/771 of 20 May 2019 on certain aspects concerning contracts for the sales of goods, and the local implementing legislation, apply.

11.2         France

As a consumer, you benefit from a legal guarantee of conformity on your Products as well as a legal guarantee for hidden defects, under the conditions defined below.

Guarantee of conformity

In the event of lack of conformity, you have a period of two (2) years from the date of delivery of the Products to enforce the legal conformity guarantee. During this period, you are only required to establish the existence of the lack of conformity and not the date of its appearance.

Since repair is not feasible given the nature of the Products, the legal guarantee of conformity gives you the right to replace the Products within thirty (30) days of your request, free of charge and without major inconvenience to you.

You may obtain a price reduction by keeping the Products or rescission of the contract by obtaining a full refund against the return of the Products, if:

1° We refuse to replace the Products;

2° The replacement of the Products takes place after a period of thirty (30) days;

3° The replacement of the Products causes major inconvenience to you, in particular if you definitively bear the cost of taking back or removing the non-conforming Products.

4° The non-conformity of the Products persists despite our unsuccessful attempt to bring them into conformity.

You are also entitled to a price reduction or rescission of the contract where the lack of conformity is so serious as to justify immediate price reduction or rescission of the contract. You are then not required to request replacement of the Products beforehand. You are not entitled to rescission of the contract if the lack of conformity is minor. Any period of immobilization of the Products for the purpose of replacement shall suspend the remaining guarantee term until the delivery of the replaced Products.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. A trader who obstructs in bad faith the implementation of the legal conformity guarantee is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of its average annual turnover (Article L. 241-5 of the French Consumer Code).

Legal guarantee for hidden defects

You also benefit from the legal guarantee for hidden defects in application of articles 1641 to 1649 of the French civil code, for a period of two (2) years from the discovery of the defect. This guarantee gives you the right to a price reduction if the Products are kept or to a full refund against return of the Products.

 

  1. Promotional offers

We may make promotional offers on the Website from time to time, in relation to one or several Products that we selected. You will be invited to carefully read the terms for these promotions, including its duration and the Products concerned, as well as the reductions on the price for the Products if applicable. We raise your attention to the fact that these offers will be limited in time and concern different Products or advantages.

You are not allowed to benefit from several promotional offers at the same time for the same order of Products. If you get a promotional offer as a user of a Godiva Account, you are not allowed to transfer or otherwise give your advantage to someone else, share it with the public, or exchange it against cash or another advantage.

  1. Owner of the Website and your rights in relation to the Website

13.1         The Website and its components (trademarks, logos, designs, photos, videos, music, text, etc.), as well as the trademark "Godiva", are the exclusive property of Godiva and may be subject to intellectual property rights (such as copyrights and neighbouring rights, design rights, trademarks, etc.). You cannot reproduce, use or display them elsewhere other than for personal purposes without obtaining our agreement or, as the case may be, Godiva. You may be subject to fines and criminal sanctions if you conduct any unauthorised action in relation to intellectual property rights.

13.2         In no event will accessing, exploring, using, storing and/or downloading contents of the Website be understood as a waiver or transfer (neither total nor partial) of any of the aforementioned rights by us or Godiva.

13.3         The Website and its domain name (DNS) are registered and owned by Godiva.

13.4         When you use the Website, we grant you a non-exclusive, non-transferable licence, for an indefinite period of time. We and/or Godiva can terminate this license at any time without having to state reasons. This licence gives you the right to access, display and download the content of the Website solely for the purposes of displaying it on your computer or device. You are also allowed to print a copy of the Website's content for your personal use (as defined under applicable laws), provided that you do not alter the content of the Website in any way and keep any mention of authorship and origin of the Website. You also agree not to circumvent technical protection measures on documents or medias. Reproduction is therefore only authorised for strictly private purposes, as defined under applicable law.

  1. Liability

14.1         Our liability will never be limited in case of death, personal injury or health, fraud, fraudulent misrepresentation, breach of legal obligation, intent or gross negligence.

14.2         In cases of slight negligence, we shall be liable for breach of essential contractual obligations, i.e., obligations the fulfilment of which is a prerequisite for the proper performance of the contract and on the fulfilment of which the contractual partner may regularly rely ("cardinal obligations").

14.3         Our liability according to Clause 14.2 is limited to the damage foreseeable at the time of conclusion of the contact, whose occurrence must typically be expected.

14.4         Any liability on our part for guarantees given and for claims based on product liability or in the event of data protection violations shall remain unaffected.

  1. Disputes and applicable law

15.1         These Terms, as well as any dispute in relation to the conclusion, the interpretation, the execution, or termination of a contract between you and us are solely governed by Belgian law, excluding the UN Convention On Contracts for the International Sales of Goods (CISG). However, you are entitled to rely on the law of your country of residence if that law provides for mandatory provisions granting you rights under your national law.

15.2         Should any dispute arise between you and us, we always try to find acceptable solutions with you. As a first step, you should always contact us on the "Contact Us" button on the Website.

15.3         You are also free to contact your local competent consumer mediation center:

(a)            For Belgium: https://www.mediationconsommateur.be/fr in French or https://www.mediationconsommateur.be/nl in Dutch);

15.4         If German law applies to your relationship with us, we are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.  

15.5         You also have the right to refer to the European Union Online Dispute Resolution platform ("ODR Platform") available here: http://ec.europa.eu/odr. The ODR Platform offers a single point of contact allowing consumers and traders within the EU to settle their disputes in relation with national and international sales or service contracts.

15.6         You also have the right to bring any dispute before a court of your country of residence.

15.7         If you do no have your general place of jurisdiction in Belgium or in another EU member state, of if you are a merchant or a legal entity under public law, or if you have moved your domicile abroad after these Terms have become effective, or if your domicile or habitual residence is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract and that cannot be settled amicably shall be the courts of Brussels, Belgium.

  1. General

16.1         If you do not have a Godiva Account, the Terms applicable to your orders are those available on the Website at the time of your order. We may update these Terms from time to time for the following purposes:

(a)            Changes to the features offered in the Godiva Account (new services or benefits);

(b)            Compliance with mandatory laws and regulations, or for security reasons;

(c)             To prevent any cases of fraud or abuse of the Website.

16.2         If you have a Godiva Account, we may change and modify these Terms with effect for the future if there is a valid reason for the amendment and insofar as the changes are reasonable taking into account the interest of both parties. A valid reason exists in particular if the changes are necessary due to a disruption of the equivalence relationship of the contract to a not insignificant extent that was unforeseeable for us at the time of the conclusion of the contract, or if they are necessary for continuing the performance of the contract due to changes in case-law or legislation. This Clause 16.2 does not cover any changes or modifications to a main performance obligation.

We will send you the amended Terms in text form before the planned entry into force and will separately refer to the new provisions and the date of entry into force. At the same time, we will grant you a reasonable period of at least six weeks to declare whether you accept the amended Terms for further use of the Website. If you do not make any statement within this period, which begins to run from your receipt of the notification in text form, the amended Terms shall be deemed to have been agreed. We will inform you separately about this legal consequence, i.e., the right of objection, the objection period, and the significance of silence, at the beginning of the period.

16.3         If one of the clauses in these Terms is not valid or enforceable, this will not affect the remaining clauses of these Terms and these Terms will remain valid except for the non-valid or non-enforceable clause.

16.4         If you breach these Terms and we do not take immediate action, this does not mean that we have renounced to our rights, and we will always be able to act in the future.

16.5         These Terms are adopted and in force as from May 1, 2023.