Terms and conditions
1. Application of general terms and conditions
Any order placed with sprl Biorganic Factory implies the de facto acceptance of the general terms of sale. All special terms and conditions which derogate from those listed herein are established exclusively by sprl Biorganic Factory or have been accepted by the latter, in which case no other derogation shall be accepted.
These general terms and conditions are not applicable to any public contract.
The invalidation of any clause of these terms and conditions shall not invalidate any other clauses unless the economy of the general terms and conditions is completely altered on account of this invalidation.
Our rates are based on the number of people indicated in the offer; the budget may be affected by any alteration such as the number of participants at the event, the location of the services, the equipment, the personnel, etc. In this case, the offer shall be reviewed and confirmed again in accordance with Clause 5.
Prices are calculated per person (unit price). All proposed rates are exclusive of VAT. VAT percentages relate to those that are applicable on the drafting date of these general terms and conditions: 21% for beverages, logistics, equipment and service, 12% for food with service, 6% for food delivery.
The offer is valid for a period of 30 days.
The contract price shall be increased by a flat-rate of 2% on 1 January of each calendar year with regard to all estimates and offers which have been previously established.
5. Order – Confirmation – Modification
No order shall be processed unless it has been confirmed in writing, i.e. according to the following procedures: e-mail, letter or purchase order signed by the customer, the company and/or the institution. Unless otherwise previously agreed in writing, confirmation shall be received 4 weeks prior to the date of the event.
Furthermore, with respect to any orders of more than € 2,000.00 (excl. VAT), an advance payment of 60% shall be credited to the account of sprl Biorganic Factory no later than 10 working days prior to the event. The order shall not be processed unless the advance payment has been received within this period. For any order or event exceeding 50.000,00 €, 60% of the amount must be paid upon confirmation and another amount of 30% must be paid 5 working days before the event.
However, the time limit may be reviewed depending on the importance of the event.
The final number of people must be reported 5 working days prior to the date of the event. If the number of people decreases by more than 20%, the price per person shall increase by 15% to cover order, logistics and administrative costs.
If, for any reason, the number of confirmed guests falls within the 5 working days, the invoice shall be established on the basis of the number of confirmed guests at 5 working prior to the date of the event.
6. Payment and late payment
If the invoice is not disputed within 8 days of the date featured therein, it is deemed to be accepted.
Invoices are payable no later than 15 days of their issue. If they are not settled within this period, a late-payment interest at a rate of 8.5% per year shall be accrued by operation of law, i.e. without any notice, as of the due date of the invoice.
All payment reminders, with the exception of the first one, shall result in flat-rate and irreducible compensation of € 50.00.
7. Cancellation of the order and the offer
The order must be cancelled by letter or e-mail. The customer shall ensure that sprl Biorganic Factory safely receives the cancellation request.
No compensation shall be payable if the order is cancelled more than 15 working days prior to the event. If it is cancelled between the 15th and 5th day prior to the event, the compensation shall amount to 30% of the offer price. Within 5 working days prior to the event, the compensation shall total 60% of the offer price.
Sprl Biorganic Factory undertakes to compensate the customer in the same way if it is required to cancel the offer. The liability of the parties is limited to the foregoing with respect to the cancellation of the offer.
In accordance with Article 4 – 5 AR 17.07.2014, European legislation and the Federal Agency for the Safety of the Food Chain (FASFC) require that the 14 products or substances which cause allergies or intolerances should be clearly indicated and reported. Here is a list of the substances that are deemed to be allergens which may be found in some of our preparations:
Cereals containing gluten (e.g. wheat, rye, barley, oats, spelt, etc.), crustaceans, eggs, fish, peanuts, soya, milk, nuts (namely almonds, hazelnuts, walnuts and pistachios), celery, mustard, sesame, molluscs, lupin and sulphites.
Do not hesitate to contact us if you have any questions about any allergy or food restriction; we will actor your request into our offer. The list of dishes and preparations proposed as part of the offer are indicated merely for reference and we are able to provide alternatives for participants with allergies or intolerances on demand.
Depending on the place in which the service is provided (room, building, etc.), prices may be subject to review. The offer may be adapted on the basis of any new considerations prior to the date of your event.
A sufficient working space with electricity, water supply and parking space and access point for suppliers shall be made available to our teams to ensure the success of your event.
Our staff members are dressed conventionally: black trousers, black shirt, black tie and black apron, with or without our own Biorganic Factory logo depicting a “Parisian café waiter”, or in suits. Any other request can be discussed with your teams; we will adapt our offer to reflect your every wish.
11. Cleaning – Bins
We always provide our own waste sorting bins and we collect them to dispose of the content in suitable containers at the end of the event.
If the event takes place, we tidy up and clean the kitchen space so that it is left in the condition in which it was found.
All equipment required for the event is removed once the event has ended.
Our catering service is 100% bio certified by Certisys which awarded us the BIO label for food. We regularly take steps to guarantee the traceability of certified products of our suppliers.
We always favour seasonal fruits and vegetables and local produce which comply with Sustainable Development rules, and we also value short circuits.
All our beverages are packaged in glass bottles while very few are packaged in cans. We favour beverages from dispensers and tap water and we prioritise reusable and/or biodegradable materials and contents.
13. Carbon offset
By engaging the services of sprl Biorganic Factory, you benefit from a CO2 Neutral catering service. For that reason, you shall be charged a fee of € 0.20/pers. (excl. VAT) in order to take part in offset projects certified by the UNFCCC based on our collaboration with C02logic.
14. Limitation of liability
In the event that there are grounds for a claim, the liability of sprl Biorganic Factory may not exceed the value of the goods supplied. At any rate, sprl Biorganic Factory may not be held responsible for any delivery delays or non-deliveries in the event of difficulties in accessing the customer’s premises or inadequacy in the preparation of these premises, and in general in a case of force majeure or any event beyond the company’s control.
Sprl Biorganic Factory has duly taken out an insurance policy to cover any events in which its civil liability is incurred. The liability of sprl Biorganic Factory is limited to the amounts covered by this insurance policy.
On the drafting date of these general terms and conditions are drafted, the insurance policy is taken out with P&V Assurances SCRL and bears contract number 32.690.156 (general terms of the policy 575/04-2003.
For information, on the drafting date of these general terms and conditions, liability is covered up to the following sums:
operational civil liability:
– Bodily injury: € 1,250,000.00
– Damage to property: € 125,000.00
Civil liability following delivery:
– Bodily injury: € 1,250,000.00
– Damage to property: € 125,000.00
If the insurance policy is amended, the liability of sprl Biorganic Factory shall be limited to the covered amounts. Having said that, the amounts indicated above may not be reduced.
As far as the customer is concerned, he undertakes to insure the event that he organises based on an insurance policy covering the organiser’s civil liability and the coverage of cancellation fees and any damage caused to the equipment entrusted to him.
In relation to any dispute, the parties shall initially attempt to resolve it in an amicable fashion.
Otherwise, Belgian law is exclusively applicable and the courts of the district of Brussels shall have jurisdiction.