Terms of Sales
1 - COMPANY IDENTITY
Darling’s Cupcakes, whose registered office is located at 1188 chaussée de Waterloo, 1180 Brussels, represents the “Seller” of the darlings-cupcakes.com website, whose VAT number is BE 0628630769.
2 - FIELDS OF APPLICATION
By browsing and making a purchase on the darlings-cupcakes.com site each customer accepts the general conditions of sale defined below. Darling’s Cupcakes reserves the right to modify the Conditions and, in the event of modification, the Conditions in force on the day of the order will be applied. Any ordering constitutes unreserved acceptance of the Conditions.
3 - USER ACCOUNT
You are not required to create a customer account to order on our site.
If You choose to create one, You must choose a username associated with a valid email address and password. It is your responsibility to keep this information strictly confidential and not to communicate it to third parties, in order to avoid as much as possible any risk of intrusion into your customer account and of placing an order without your knowledge by unauthorized persons.
Darling’s Cupcakes cannot be held responsible for any use of your customer account by a third party who has had access to your login and password, whether on your initiative or through your negligence.
If you lose or forget your password, you can reset it and choose a new one by clicking on the "Forgotten password" link and entering your e-mail address. You will then receive an email to the email address provided, if recognized, allowing You to choose a new password.
4 - ORDER
You are responsible for the accuracy of the terms of your order, your contact details and the desired date, time and delivery address.The “ok” button associated with the authentication and non-repudiation click constitutes an electronic signature. This electronic signature has value between the parties like a handwritten signature. Any order form signed by the Customer by means of the "click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in this contract. The information relating to the order is the subject of a confirmation e-mail.
For orders on Quote, we kindly ask you to complete the form, the transaction can then be carried out in store or on our website via a personalized order.
5 - PRICE AND PAYMENT
All prices and payment conditions are mentioned on the Seller's Site. Unless otherwise stipulated, prices are inclusive of all taxes and invoices are payable in euros in full, online.
Orders must be paid in full. No compensation is possible.
Some of our products are not priced. To find out, please fill out the form for a quote request.
Your credit card information is encrypted using SSL (Secure Socket Layer) and never travels unencrypted over the network. Payment is made directly to the bank. Darling's Cupcakes does not have access to these details and does not keep them on its servers. This is why they are requested again from you for each new transaction on our site.
6 - PRODUCTS
The products supplied by Darling's Cupcakes are provided while stocks last. In the event of depletion of stocks, we will notify You in order to suggest that You choose another product or deduct the price of the unavailable product from the amount of your invoice or to proceed with a refund, as the case may be.
Note that for some cakes we need a minimum production time of 7 days. These deadlines are indicated on the product sheets or when placing your order.
Here are the details of the manufacturing times:
- Cupcakes and Minicupcakes: 48 hours minimum
- Specials and Foodprint: 72h minimum
- Giant Cupcakes: 72h
- Naked Cakes: 72h
- Flower Cakes: 72h
- Sugar paste cakes: 5 days minimum
7 - ABSENCE OF THE RIGHT OF WITHDRAWAL
In the case of perishable foodstuffs, the Customer does not have the right of withdrawal.
8 - DELIVERY AND PICK UP
We provide local deliveries to the municipalities of Brussels to the address indicated by the customer, from Monday to Saturday from 10 a.m. to 1 p.m. The price for this delivery is € 8.50.
Pick-ups are available at the following stores:
Darling’s Cupcakes Uccle
Hot. de Waterloo 1188, 1180 Uccle
Darling's Cupcakes Marolles
Rue des Renards 19, 1000 Brussels
Darling’s Cupcakes Wemmel
Hot. de Bruxelles 39, 1780 Wemmel
9 - CLAIMS AND LIABILITY
It is Your responsibility to check the status of your order upon delivery or pick-up and to inform Darling's Cupcakes customer service within 24 hours of any complaint you wish to bring to our attention. In the event of proven non-compliance, Darling's Cupcakes undertakes, at its option, either to deliver a new order or to reimburse You for the amount paid.
Darling's Cupcakes cannot be held liable in the event of damage related to the use of the Internet network, in particular an interruption of the service, hacking, the presence of a computer bug, the fraudulent use of a bank card, etc.
10 - PRIVACY POLICY
PROCESSING OF PERSONAL DATA
Our website is not intended for children and we do not knowingly collect personal information from children.
You have the right to object to our use of your personal information in certain circumstances. A summary of your right to object (as well as your other rights under data protection law) and contact details if you wish to exercise this right are available in the How to contact us section below.
For the purposes of data protection law, we are the data controller of your personal information collected and used in connection with your use of the Website, our Social Networks and when you visit a Darling’s Cupcakes store. This is because we dictate the purpose for which your personal information is used and how we use your personal information.
The information we hold about you may include the following:
- Contact details: name, title, address, e-mail address and telephone number.
- Telephone recordings: recordings of telephone calls with our representatives and call centers.
- Register to use our online services: username and account number to access our website.
- Details of the complaints and compliments you make: name, address, email address or phone number, details of the service you received / your experience.
- Financial Information and Account Details: Details regarding products purchased, price, method of payment, and other financial account details.
- Order Data: Information about the online order (s) you place with us through a website (e.g. products you order, date of order, shipping address, payment information).
- Photographs: images that you share with us via social networks.
- Health: allergies, food intolerances.
We use your personal information in connection with the provision of the website; to provide our products to you when you visit a Darling's Cupcakes store and / or when you have placed an order online with us through the Website, and in order to fulfill that order online.
In particular, your personal information may be used by us, our employees, service providers, and disclosed to third parties for the purposes set out in the table below. For each of these purposes, we have defined the legal basis on which we use your personal information. This is because under data protection law we can only use your personal information if we have a legal basis for doing so.
We may share your personal information with:
Our business partners, suppliers and subcontractors for the performance of any contract we enter into with you, for example:
Google Cloud;
Google Analytics;
Facebook business;
Shopify.
Our professional advisers: comprising accountants, lawyers and other professional advisers who assist us in carrying out our business activities.
We may also disclose your personal information to other third parties, for example: in the event that we sell or buy a business or assets, we will disclose your personal information to the seller or potential buyer of that business or assets. ;
if we or substantially all of our assets are acquired by a third party (or undergo a reorganization within our group of companies), the personal information we hold will be one of the transferred assets;
and if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or if we are involved in a dispute with you.
HOW LONG DO WE KEEP YOUR PERSONAL INFORMATION?
We will not retain your personal information for longer than is necessary for the purposes for which the personal information is processed. The length of time we keep your personal information will vary depending on the nature of that information and the purpose for which it is being processed.
To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of personal information, the potential risk of harm resulting from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes by other means. We also take into account any applicable legal, regulatory, tax, accounting or other requirements which may specify the length of time for which we must retain your personal information.
Subject to the foregoing, personal information about our customers will be retained by us for seven years from the date of your communication with us to enable us to:
respond to any questions or complaints you may have; and
fulfill our obligations towards the competent tax authorities according to your place of residence and other governing bodies concerned.
YOUR RIGHTS
The rights below are rights that apply under the EU General Data Protection Regulation and will therefore apply primarily if your personal data is used by an entity established in the EEA. Therefore, the rights may not apply to everyone who reads or receives this policy. Fees may only apply in certain circumstances and are subject to certain exemptions.
Right of access to your personal information: you have the right to receive a copy of your personal information that we hold about you, subject to certain exceptions.
We may require additional information in order to respond to your request (for example, proof of your identity and information to enable us to locate the specific personal information you need).
Right to rectify your personal information: you have the right to ask us to correct your personal information which we hold when it is incorrect or incomplete.
Right to erasure of your personal information: you have the right to request that your personal information be erased in certain circumstances. For example:
when your personal information is no longer necessary for the purposes for which it was collected or otherwise used;
if you withdraw your consent and there are no other legal grounds that we rely on to continue to use your personal information;
if you object to the use of your personal information (as set out below);
if we have used your personal information unlawfully; Where
whether your personal information needs to be erased to comply with a legal obligation.
Right to restrict the use of your personal information: You have the right to suspend our use of your personal information in certain circumstances. For example:
when you believe that your personal information is inaccurate and only for a period that allows us to verify the accuracy of your personal information;
the use of your personal information is illegal and you oppose the erasure of your personal information and request that it be suspended instead;
we no longer need your personal information, but your personal information is necessary for you to establish, exercise or defend legal claims; Where
you have objected to the use of your personal information and we check whether our reasons for using your personal information outweigh your objection.
Right to data portability: you have the right to obtain your personal information in a structured, commonly used and machine-readable format and to transfer it to another organization, where technically possible. The right applies only: to the personal information you have provided to us;
when the use of your personal information is based on your consent or is necessary for the performance of a contract; and
when the use of your personal information is carried out by automated means (i.e. electronic).
Right to object to the use of your personal information (including to object to direct marketing, automated decision making and profiling): you have the right to object to the use of your personal information in certain circumstances and subject to certain exceptions. Examples of this right include:
when you have reasons relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party);
when we use your personal data to make a decision based solely on automated processing when that decision has legal effect or significantly affects you; and
if you object to the use of your personal information for direct marketing purposes.
Right to withdraw your consent: You have the right to withdraw your consent at any time when we are relying on consent to use your personal information.