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These General Terms and Conditions of Sale (hereinafter the «General Terms and Conditions») define, without prejudice to the application of any specific terms and conditions, the respective rights and obligations of Mum’s Papilles & Care, whose registered office is established at 1474 Ways, Clos de l’Aronelle 19, registered with the Crossroads Bank for Enterprises under number 1040.338.361, hereinafter referred to as the «seller», and any person purchasing products or services offered by the seller via its website, hereinafter referred to as the ’buyer«.
These Terms and Conditions apply to any order placed by a buyer, whether acting for professional or private purposes, via the seller's website.
By checking the box provided for this purpose when validating the order, the buyer acknowledges having read these General Terms and Conditions, understood them, and accepted them without reservation.
Any order implies full and complete acceptance of these General Conditions. These can be viewed, saved, and printed by the buyer.
Provisions that are not expressly derogated from remain fully applicable.
Any departure from these General Terms and Conditions shall only be valid if subject to prior, express and written agreement by the seller.
In the event of a contradiction between specific terms expressly accepted by the parties and these General Terms and Conditions, the specific terms shall prevail.
In the event of any conflict between the buyer's and the seller's terms and conditions, only the latter shall prevail.
The seller reserves the right to modify these General Terms and Conditions at any time.
The applicable Terms and Conditions are those in effect at the time of the order by the buyer.
For the purposes of these General Terms and Conditions, the following terms mean:
The products and services offered by Mum’s Papilles & Care are those appearing in the catalog published on the seller's website, within the limit of available stocks.
Mum’s Papilles & Care offers healthy, balanced, and delicious prepared meals, crafted with an approach focused on well-being and comfort food.
These meals are intended to complement the daily diet of individuals facing certain life situations that can impact their relationship with food, such as periods of fatigue, convalescence, age-related fragility, or care pathways, as well as their loved ones and caregivers.
The products offered have no medical or therapeutic purpose and do not constitute a treatment, a medical device, or a substitute for individualized medical or dietary monitoring. They are exclusively part of a dietary, preventive, and daily support approach.
Meals are prepared using local and seasonal ingredients, then packaged under modified atmosphere packaging (MAP) to ensure optimal preservation, in strict compliance with current hygiene and food safety standards.
Each product is accompanied by a description provided by the seller, including:
The photographs, illustrations, and other representations of the products on the seller's website are provided for informational purposes only. They are intended to offer an accurate representation of the products but are not contractual in nature, as variations may exist, notably due to the artisanal nature of the preparations and the seasonality of the ingredients.
The seller reserves the right to modify, suspend, or withdraw any product or service from sale at any time, notably based on the availability of raw materials, production constraints, or regulatory requirements, without this giving rise to any form of compensation for the buyer.
To be able to place an order on the seller's website, the buyer must fulfill all of the following conditions:
Any order placed on the vendor's website constitutes a firm purchase offer from the buyer.
The order is only considered final upon receipt by the buyer of a confirmation email sent by the seller to the address provided when placing the order.
The sale is deemed complete as soon as this order confirmation is sent by the seller.
No shipment, pickup, or release of goods will be made without prior order confirmation and receipt of the corresponding full payment.
Products and services are offered subject to availability and the seller's production capacities.
In the event of total or partial unavailability of one or more items after order confirmation, the seller will inform the buyer by email as soon as possible. The buyer may then choose between:
When the order is placed on behalf of a third party (in particular a relative or a person being assisted), the buyer guarantees that they have the consent of the person benefiting from the order and are authorized to provide in their name the information necessary for the performance of the contract. The seller cannot be held responsible for the consequences resulting from inaccurate, incomplete, or unsuitable information provided by the buyer.
In accordance with the provisions of the Code of Economic Law, the consumer generally has a right of retraction allowing them to cancel their purchase within a period of fourteen (14) clear days from the day following the delivery of the good or the conclusion of the service contract, without penalty and without stating a reason.
This right does not apply to the buyer acting for professional purposes.
However, the buyer is expressly informed that, in accordance with Article VI.53 of the Code of Economic Law, the right of withdrawal is excluded for certain types of goods, and in particular for:
Because the prepared meals offered by Mum’s Papilles & Care are perishable goods, the consumer does not benefit from the right of withdrawal for these products.
Consequently, any order confirmed by the seller is firm and final, except in the event of an error attributable to the seller or proven non-conformity of the delivered product, in accordance with applicable legal provisions and these general terms and conditions.
These terms and conditions of sale apply to any order placed on the Mum's Papilles & Care website and are concluded for the duration necessary for the complete execution of the order, including the preparation, delivery, or making available of the ordered products, as well as, where applicable, the processing of complaints or requests related to this order.
In the case of subscribing to a subscription plan offered by the seller, the specific terms and conditions applicable to this subscription shall specify the commitment period, as well as the renewal, suspension, or termination procedures, which shall prevail over this article in the event of a contradiction.
The provisions of these general terms and conditions which, by their nature, are intended to produce their effects beyond the execution of the order, in particular those relating to liability, personal data protection, intellectual property, and dispute resolution, shall remain applicable after the end of the contract.
Deliveries are made to the address indicated by the buyer when placing the order and solely within the geographical area covered by Mum’s Papilles & Care, as specified on the seller's website and in Article 9 of these general terms and conditions.
When placing the order, the buyer may also, when this option is offered, choose pickup at a collection point or workshop collection, at the locations, days, and times communicated on the seller's website.
The buyer is informed by email of the expected delivery date and, where applicable, the indicative time slot. This information is provided for guidance only and may be adapted according to logistical or production constraints.
Due to the perishable nature of the prepared meals, the buyer agrees to be present or to make arrangements so that an authorized person can receive the order at the specified address.
In the event of the buyer's absence or inability to deliver attributable to them (in particular address error, absence, impossibility of access), the order will be considered delivered and no refund or new delivery may be requested.
On an exceptional basis, and solely if the preservation condition of the meals permits, the seller may offer the buyer an alternative solution, such as pickup at the workshop or a new delivery within a maximum timeframe of twenty-four (24) hours. Any additional costs related to this solution shall be borne entirely by the buyer.
In the event of a sale to a consumer, the products are transported at the seller's risk until the meals are actually delivered to the delivery address indicated by the buyer.
In the event of a sale to a professional buyer, transportation is at the buyer's risk.
Delivery times are communicated at the time of the order. The seller makes every effort to respect them, bearing in mind that meals are prepared using fresh products and are subject to production and logistical constraints.
Any potential delivery delay shall not give rise to any compensation, except in cases expressly provided for by law.
The following circumstances release the seller from their delivery time obligations:
Upon receipt of the meals, the buyer is required to store them immediately in the refrigerator at a temperature between 0 °C and 4 °C, and to strictly respect the best-before date indicated on the packaging.
The seller declines all responsibility in the event of non-compliance with these instructions by the buyer.
The prices of the products and services offered by Mum’s Papilles & Care are indicated on the seller's website in euros, all taxes included (TTC), including value added tax (VAT) and any other applicable taxes, unless otherwise indicated.
The displayed prices do not include delivery costs, which are specified separately during the ordering process, prior to its final confirmation, unless expressly stated as free of charge on the seller's website.
The seller may offer, on a one-off or permanent basis, special conditions, such as free delivery from a certain number of meals ordered or a minimum order amount. These conditions are clearly indicated on the seller's website and apply only to orders that meet the defined criteria.
The seller reserves the right to modify prices at any time. However, products and services are billed based on the rates in effect at the time the order is confirmed by the seller.
Any change in the VAT rate or any other applicable tax between order confirmation and delivery may be reflected in the final price, in accordance with applicable legislation.
The seller may also occasionally or for a limited time offer promotional offers, launch benefits, exceptional discounts, or benefits reserved for certain categories of customers (such as new customers, subscribers, or beneficiaries of a specific offer).
The conditions, duration, terms of application and, where applicable, restrictions related to these offers are specified at the time of their communication on the seller's website or through any other communication channel used by the seller.
Unless expressly stated otherwise, promotional offers cannot be combined with one another, are not retroactive, and apply exclusively to orders meeting the conditions defined at the time of the order.
No reduction, discount, or rebate will be granted to the buyer other than those expressly provided and communicated by the seller at the time of the order.
Unless expressly provided otherwise by the seller, the total price of the order is payable in full at the time of the order.
Payment is made using the payment methods offered on the seller's website at the time of the order. These payment methods are clearly indicated to the buyer before the final confirmation of the order.
The seller reserves the right to modify the accepted payment methods at any time, without affecting orders that have already been confirmed.
The order is only considered final upon actual receipt of full payment by the seller.
The ordered products remain the exclusive property of the seller until full payment of the order price, including principal and any incidental charges, even in the event of delivery or transfer of possession.
In the event of late payment by a buyer acting for professional purposes, the sums due shall bear interest, automatically and without prior formal notice, at the legal interest rate applicable to commercial transactions, as set by current Belgian legislation.
In accordance with the law, the professional buyer shall also be liable for a fixed compensation of forty euros (€40) for recovery costs, without prejudice to the seller's right to claim reasonable compensation for any other recovery costs actually incurred.
In the event of late payment by a buyer acting for private purposes, no interest or compensation shall be payable prior to the sending of a free reminder in accordance with the legislation in force.
This reminder will clearly indicate:
Failing payment within the aforementioned period, the seller may demand:
In accordance with the Economic Law Code, the consumer may demand the reciprocal application of the interest and damages provided for in this article in the event of non-performance of the seller's obligations, under the same conditions and limits.
Any dispute relating to a payment or an invoice must be sent in writing to the seller, by mail or email, within eight (8) calendar days from the date of receipt of the invoice.
In the absence of a dispute within this period, the invoice is deemed accepted.
The products and services offered by Mum’s Papilles & Care are intended to be delivered within the geographical area served by the seller, as defined and updated on the seller's website at the time of the order.
The seller expressly reserves the right to modify, expand or restrict the geographic area served, in particular depending on the evolution of its business, its logistical capabilities, or operational or regulatory constraints.
Any modification to the geographical area shall apply as from its publication on the seller's website and shall apply solely to orders placed after this update.
Any order placed outside the geographic area served at the time of the order cannot be accepted. In the event of an error or impossibility of delivery related to an address located outside the served area, the seller reserves the right to cancel the order and fully refund any sums that may have been collected.
In accordance with the provisions of the Code of Economic Law, the seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery of the products.
To be compliant, the product must notably:
Due to the nature of the products sold by Mum’s Papilles & Care, namely perishable food items, product compliance is assessed at the time of delivery, subject to the buyer's compliance with the conservation, storage, and usage conditions indicated on the packaging and/or communicated by the seller.
The products offered by Mum’s Papilles & Care are carefully crafted in compliance with current quality, hygiene, and food safety standards.
However, the buyer is informed that the appreciation of tastes, flavors, textures, and seasonings is inherently subjective and may vary from one person to another, particularly depending on personal preferences, dietary habits, or individual sensitivity.
Furthermore, certain personal situations may lead to a temporary or permanent impairment of taste or olfactive perception, independent of the quality or compliance of the delivered products.
Therefore, a subjective assessment of tastes or a change in sensory perception cannot be considered a lack of conformity of the product and cannot give rise to a refund, exchange, or compensation, except in the event of a proven objective non-conformity of the product.
Any lack of conformity must be reported in writing by the buyer to the seller without delay upon discovery, in order to enable the seller to examine the claim as soon as possible.
The legal guarantee of conformity does not cover in particular:
Consumer rights under the legal guarantee shall be exercised in accordance with the conditions and procedures laid down by current Belgian legislation, without prejudice to any other rights they may have thereunder.
Any request for information, clarification, or complaint relating to an order must be addressed to the seller in writing, either by email or by post, using the contact details provided on the seller's website.
Due to the perishable nature of the products offered by Mum’s Papilles & Care, any complaint regarding the quality, compliance, or condition of the delivered products must be made as soon as possible, and no later than twenty-four (24) hours following delivery, in order to allow the seller to examine the request under appropriate conditions.
Any claim must be accompanied by any information useful for its analysis, such as a description of the problem identified, any photographs, and the relevant order number.
Failing a claim made within the aforementioned deadlines, the products are presumed to have been received in good condition and stored in accordance with the indicated conditions, and no subsequent dispute relating to the condition of the products or the storage conditions may be taken into account.
The seller undertakes to examine any complaint with care and benevolence, and to provide a response within a reasonable timeframe.
In the event of a valid claim attributable to the seller, the latter may offer, depending on the circumstances, an appropriate solution, such as the replacement of the product in question, the granting of a credit note, or a partial or total refund of the order, provided that such solution does not exceed the amount actually paid by the buyer.
No claims can be accepted when:
These provisions apply without prejudice to the consumer's legal rights, in particular regarding the legal guarantee of conformity and seller liability, as provided for by applicable Belgian legislation.
Due to the perishable nature of the products offered by Mum’s Papilles & Care, confirmed orders are firm and final and are not, as a rule, subject to any refund, except in the cases expressly provided for in these general terms and conditions.
However, a full or partial refund may be granted on an exceptional basis when the request is well-founded and attributable to the seller, particularly in the following situations:
Any request for a refund must be submitted in accordance with the claims procedure set out in Article 11 of these terms and conditions and within the deadlines specified therein.
The request must be accompanied by any relevant information allowing for the analysis of the claim.
No refund can be granted when the request is based in particular on:
When a refund is granted, it is processed within a reasonable timeframe and no later than fourteen (14) days from the seller's decision to grant the refund.
The refund is made using the same payment method as the one used for the order, unless expressly agreed otherwise by the buyer for the use of another refund method.
The refund may in no event exceed the amount actually paid by the buyer for the order in question.
The products and services offered by Mum’s Papilles & Care are exclusively part of a dietary, well-being, and daily comfort approach.
They do not in any way constitute a medical act, a therapeutic treatment, a medical device, or a substitute for individualized medical or dietary follow-up.
Any information, content, descriptions, or advice that may be provided by the seller are solely intended to inform the buyer about the composition of the products and their common dietary use. They cannot be interpreted as medical recommendations or guarantees of results regarding health status.
The buyer is expressly informed that their state of health, its evolution, its improvement or its deterioration depend on numerous personal factors, independent of the products supplied by the seller, such as, in particular, the person's general condition, medical treatment, therapeutic follow-up, lifestyle, or personal situation.
Consequently, the seller cannot under any circumstances be held liable for any worsening of health conditions, lack of improvement, or any medical or physiological consequence arising after the consumption of the products, provided that they comply with the order and current food safety standards.
It is the responsibility of the buyer, or the recipient of the products, to consult a qualified healthcare professional for any questions regarding their state of health, specific diet, or the suitability of the products offered for their personal situation.
These provisions apply without prejudice to the seller's legal obligations regarding food safety and product compliance.
The seller undertakes to perform its contractual obligations with due diligence, in compliance with the legal and regulatory provisions in force, in particular regarding food safety, consumer protection, and product conformity.
The seller's liability may only be incurred for direct damages, to the exclusion of any indirect or intangible damage, such as, in particular, loss of opportunity, loss of revenue, loss of profits, or moral injury, barring any contrary mandatory legal provision.
The seller's liability may only be incurred in the event of a direct, certain, and established causal link between a breach attributable to the seller and the damage claimed by the buyer.
Any deterioration in health status, physiological reaction, discomfort, digestive disorder, or alleged medical consequence may not be attributed to the seller in the absence of objective proof of a lack of conformity or safety of the delivered product, as defined by applicable legislation.
The seller shall not be held liable for damages resulting in particular from:
The information, descriptions, and content appearing on the seller's website or provided by them are supplied for informational purposes only and are part of a dietary, well-being, and comfort support approach.
They do not constitute medical advice, a diagnosis, a therapeutic treatment, or a substitute for individualized medical or dietary monitoring.
The seller's liability cannot be invoked in the event of force majeure, as defined by Belgian case law, preventing or delaying the performance of its obligations.
In any event, and to the extent permitted by law, any potential liability of the seller is strictly limited to the amount actually paid by the buyer for the order in question, except in the case of fraud, willful misconduct, or mandatory legal provisions to the contrary.
These provisions do not affect in any way the legal rights of the consumer, notably regarding the legal guarantee of conformity, liability for defective products, and consumer protection, as provided for by applicable Belgian law.
All elements appearing on the Mum’s Papilles & Care website, including but not limited to texts, recipes, editorial content, graphics, drawings, photographs, illustrations, videos, data, databases, software, layouts, domain names, trademarks, logos, and distinctive signs, are protected by intellectual property rights and remain the exclusive property of the seller or its potential partners.
Any total or partial reproduction, representation, dissemination, adaptation, modification, translation, arrangement, extraction, or exploitation of all or part of the site or its content, by any process whatsoever and on any medium whatsoever, is strictly prohibited, except with the prior, express, and written authorization of the seller.
Access to the site and the use of its content are strictly reserved for personal, private, and non-commercial use.
Any commercial, promotional, public, or professional use, even partial, is prohibited without the prior written consent of the seller.
Any violation of the seller's intellectual property rights is likely to result in civil and/or criminal legal proceedings, in accordance with applicable laws and regulations.
The client is informed that the personal data collected in the context of the use of the website and the performance of the contract are processed confidentially, in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (GDPR) and the Belgian law of July 30, 2018 on the protection of natural persons with regard to the processing of personal data.
The data likely to be collected include the following:
The customer agrees to provide accurate, complete, and up-to-date data.
Failing that, any difficulty in the execution of the contract resulting from incorrect or incomplete data cannot engage the liability of the seller.
Personal data is collected and processed exclusively for the following purposes:
Data is neither sold, nor assigned, nor transmitted to third parties for commercial purposes.
The data controller is:
Mrs. Cindy Tilman contact@mumspapillescare.be
+32 496 50 31 35
Personal data is kept for the period strictly necessary for the purposes for which it is processed, and for a maximum of:
In accordance with applicable law, the customer has the following rights:
The customer may also object, at any time, to the use of their data for purposes other than those strictly necessary for the performance of the contract.
To exercise their rights, the customer may contact the data controller at the contact details mentioned above.
In the event of a dispute regarding the processing of their personal data, the customer may lodge a complaint with the competent supervisory authority:
Data Protection Authority
35 Rue de la Presse, 1000 Brussels +32 (0)2 274 48 00
contact@apd-gba.be
www.autoriteprotectiondonnees.be
The seller undertakes to implement all appropriate and reasonable technical and organizational measures to ensure the security, integrity, and confidentiality of the personal data processed.
This obligation constitutes an obligation of means.
The contract concluded between the seller and the buyer, comprising these general terms and conditions as well as, where applicable, specific conditions, is personal to the buyer and may not be assigned, transferred, or conveyed, for any reason whatsoever, without the prior, express, and written consent of the seller.
The seller reserves the right to assign or transfer all or part of its rights and obligations resulting from the contract to a third party, in particular in the context of a reorganization, a business transfer, a transfer of undertaking, or a change in its legal structure, provided that such assignment does not result in any reduction of the buyer's rights.
Such an assignment or transfer may in no way impair the statutory rights of the consumer.
The potential nullity, invalidity, inapplicability, or illegality of any of the provisions of these general conditions, or of any other agreement entered into between the parties, shall in no way affect the validity, legality, and applicability of the other provisions, which shall remain in full force and effect.
The provision in question shall, to the extent possible, be replaced by a valid and enforceable provision that comes as close as possible to the original economic and legal intention of the parties.
Except for actions for payment, the parties agree to attempt to resolve amicably, through mediation or conciliation, any dispute relating to the validity, interpretation, or performance of these terms and conditions.
Mediation or conciliation must begin no later than the fifteenth (15th) clear day following the notification by one party to the other of a request to that effect.
Unless otherwise expressly agreed by the parties, the duration of the proceedings may not exceed thirty (30) clear days.
After this period, each party will regain the freedom to initiate legal action.
The buyer acting for private purposes also has the option, in the event of a dispute, to submit a request to the Consumer Mediation Service.
Additional information regarding alternative dispute resolution methods is available on the website:
Subject to mandatory legal provisions applicable to consumers, any dispute relating to these general terms and conditions shall be submitted to the competent courts.
These general terms and conditions are governed by Belgian law and are written in French.
The parties acknowledge and accept, within the context of their contractual relationship, the validity and probative force of electronic means of proof.