Terms of service

ARTICLE 1 — IDENTIFICATION OF THE SELLER
This online sales website www.savdasie.com is operated by:
KHAMSENG Song
Activity exercised as a self-employed natural person
Tomberg 230, 1200 Woluwe-Saint-Lambert, Belgium
Enterprise Number BCE: 1035.644.353
Intracommunity VAT Number: BE 1035.644.353
Email: songfoodlab@gmail.com
Sales platform: Shopify Inc. — online payments are processed by Shopify Payments (Stripe infrastructure), secured by SSL protocol and Strong Customer Authentication (PSD2).
Hereinafter referred to as "the Seller".

ARTICLE 2 — SCOPE OF APPLICATION
These Terms and Conditions of Sale (hereinafter "T&Cs") apply to any order placed by a customer (hereinafter "the Customer") on the website www.savdasie.com.
They apply to the exclusion of any other conditions, notably those of the Customer. Placing an order implies the full, entire, and unreserved acceptance of these T&Cs. The Customer declares that they have the legal capacity to enter into a contract, meaning they are of legal age and not under guardianship or curatorship.
The applicable T&Cs are those in force on the date the order is placed. The Seller reserves the right to modify them at any time; modifications apply only to orders placed after their publication.

ARTICLE 3 — PRODUCTS
3.1 Nature of the products
The Seller commercializes fine food products, predominantly Asian, including but not limited to teas, coffees, oils, sauces, condiments, and beverages (hereinafter "the Products").
3.2 Essential characteristics
The essential characteristics of each Product (name, composition, allergens, country of origin, volume, or net weight) are indicated on the product sheet available on the website. This information is provided for informational purposes based on data communicated by suppliers. The Seller undertakes to keep this information up to date as far as possible.
3.3 Expiration dates
Date of Minimum Durability (DMD) or Use By dates are not systematically indicated on the online product sheets. They mandatory appear on the packaging of the delivered product, in accordance with European food labeling regulations (Regulation EU No 1169/2011). The Customer is invited to check these dates upon receipt and to contact the Seller in case of any manifest anomaly.
3.4 Availability
Product offers are valid within the limits of available stocks. In the event of total or partial unavailability of a Product after the order has been placed, the Seller will inform the Customer as soon as possible by email and offer them a choice of: a substitute product of equivalent quality and price, a store credit, or a full refund of the sums paid for the concerned Product within fourteen (14) days.
3.5 Allergens
Information regarding allergens is mentioned on the packaging in accordance with Regulation EU No 1169/2011. Customers suffering from food allergies or intolerances are invited to read the labeling carefully before consumption. The Seller cannot be held responsible for an allergic reaction resulting from the Customer's negligence in this regard.

ARTICLE 4 — PRICE
4.1 Displayed prices
Prices are indicated in euros (€), inclusive of all taxes, including applicable VAT. Delivery costs are not included in the price of the Products and are indicated separately during the ordering process, before final validation.
4.2 VAT rates
Food products are subject to the reduced VAT rate of 6% in accordance with Belgian legislation, except for legal exceptions for certain products that may fall under the 21% rate. The applicable rate is indicated on the invoice.
For intra-Community sales to consumers residing in another Member State of the European Union, the applicable VAT is determined in accordance with the European rules in force, notably the OSS (One Stop Shop) scheme when the annual threshold of €10,000 in cross-border sales is reached.
4.3 Price modifications
The Seller reserves the right to modify its prices at any time. Products are invoiced based on the rates in force at the time of the final validation of the order.

ARTICLE 5 — ORDER
5.1 Ordering process
Orders are placed exclusively online via the website www.savdasie.com. The Customer selects the Products, adds them to the cart, fills in their delivery details, chooses their delivery method, reads and expressly accepts the T&Cs, and then proceeds to payment. The order is only definitively validated after confirmation of payment.
5.2 Order confirmation
A confirmation email summarizing the details of the order, the total amount including tax (Products + delivery costs), and the delivery address is sent to the Customer upon receipt of payment. This email constitutes an acknowledgment of receipt but does not constitute a firm acceptance if a stock or compliance issue is detected later.
5.3 Cancellation by the Customer
The Customer can cancel their order only before it has been shipped, by contacting the Seller by email at songfoodlab@gmail.com as soon as possible. If the order has already been shipped at the time of the cancellation request, it cannot be taken into account, and the provisions of Article 8 will apply.
5.4 Cancellation by the Seller
The Seller reserves the right to cancel or refuse any order for a legitimate reason, notably in the event of a prior dispute, suspicion of fraud, or a manifest error in the price. The Customer will be informed by email and fully refunded within fourteen (14) days.

ARTICLE 6 — PAYMENT
6.1 Accepted payment methods
Payment for orders is made exclusively by credit/debit card (Visa, Mastercard) or Bancontact. Transactions are secured by Shopify Payments (Stripe infrastructure), SSL protocol, and Strong Customer Authentication in accordance with the European PSD2 directive. No credit card numbers are stored by the Seller.
6.2 Due date
Full payment is required at the time of order validation. No order will be processed or shipped without prior confirmed payment.
6.3 Invoicing
An invoice is automatically generated and sent to the Customer by email after confirmation of payment. It mentions the details of the Products, quantities, unit prices including tax, the applicable VAT rate, and delivery costs.

ARTICLE 7 — DELIVERY
7.1 Delivery zones
Deliveries are made in Belgium and in the Member States of the European Union. The Seller reserves the right to refuse certain destinations or certain Products based on logistical, regulatory, or customs constraints applicable in the destination country.
7.2 Delivery modalities
Orders are shipped by the carrier(s) selected by the Seller (Bpost and/or private carrier). The choice of carrier is communicated to the Customer during the ordering process. A tracking number is transmitted to the Customer as soon as the order is shipped.
7.3 Deadlines
The Seller undertakes to ship orders within 1 to 2 business days from the confirmation of payment, excluding Belgian public holidays. Delivery times are then those specific to the carrier and are given as an indication. The Seller cannot be held responsible for delays attributable to the carrier.
7.4 In-store pickup (Click & Collect)
The Customer can choose to pick up their order directly from the physical shop at the following address: Tomberg 230, 1200 Woluwe-Saint-Lambert. A notification email will inform them of the availability of their order. Pickup must be made within 7 calendar days from this email. If the order is not picked up within this period, the Seller may cancel the order and refund the Customer, subject to the possible deduction of reasonably justified administrative or storage costs.
7.5 Receipt — verification upon delivery
Upon receipt, the Customer is required to check the condition of the Products and the conformity of the delivery. In the event of visible damage or an anomaly noted upon delivery (damaged package, missing Product, error), the Customer must:
make precise and detailed reservations with the carrier at the time of receipt, or
contact the Seller by email at songfoodlab@gmail.com within 48 hours following receipt, with supporting photos.
After this period, no claim relating to the external condition of the delivery can be accepted. This provision does not hinder the legal guarantees applicable in the event of a lack of conformity that was not apparent upon delivery.
7.6 Unfulfilled delivery
In the event of the Customer's absence during delivery, the carrier will leave a delivery notice according to its usual procedures. If the parcel is returned to the Seller due to an impossibility of delivery attributable to the Customer (incorrect address, prolonged absence, failure to pick up from a pickup point), the costs of reshipping will be borne by the Customer. If the Customer does not wish the order to be reshipped, the refund of the Products will be made minus the initial shipping and return costs.

ARTICLE 8 — RIGHT OF WITHDRAWAL
8.1 Exclusion for perishable products
In accordance with Article VI.53, 4° of the Belgian Code of Economic Law (transposing Article 16(d) of Directive 2011/83/EU), the right of withdrawal does not apply to Products likely to deteriorate or expire rapidly.
8.2 Exclusion for unsealed sealed food products
For other sealed food Products that cannot be returned for reasons of health protection or hygiene, the right of withdrawal is also excluded if the packaging has been unsealed/opened after delivery, in accordance with Article VI.53, 5° of the Belgian Code of Economic Law.
8.3 Non-perishable unsealed products
When a Product does not fall under the exclusions above and its packaging has not been opened, the right of withdrawal can be exercised within a period of 14 calendar days from receipt, in accordance with the applicable legal provisions. The Customer must inform the Seller by email at songfoodlab@gmail.com before any return. Return costs are the responsibility of the Customer.
8.4 Legal rights preserved
The exclusions provided for in Articles 8.1 and 8.2 do not deprive the Customer of their legal rights in the event of a lack of conformity, a damaged Product, an error attributable to the Seller, or a Product unfit for consumption. These situations fall under the legal guarantees provided for in Article 9.

ARTICLE 9 — LEGAL WARRANTY OF CONFORMITY AND HIDDEN DEFECTS
Notwithstanding the exclusions from the right of withdrawal, the Seller remains bound by the following legal warranties, from which no derogation is possible:
9.1 Warranty of conformity
In accordance with Belgian legal provisions relating to the legal warranty of conformity for consumer goods, the Seller is liable for any lack of conformity existing at the time of delivery. A Product is considered non-compliant if it does not correspond to the description on the website, is expired on the date of delivery, or has a defect affecting its normal use.
The Customer has a period of two (2) years from delivery to take action. In practice, for food products with a short shelf life, the Customer is invited to report any defect within 48 hours of receipt to songfoodlab@gmail.com, with photos and the order number. The Seller will propose, depending on the case: replacement of the Product, a store credit, or a refund.
9.2 Hidden defects
The Seller is also bound by the warranty against hidden defects in accordance with Articles 1641 et seq. of the Civil Code. A Customer who discovers a hidden defect must inform the Seller within a reasonable time from its discovery.

ARTICLE 10 — LIABILITY
10.1 Limitation of liability
The Seller cannot be held liable for any indirect damage, notably loss of profit, commercial prejudice, or loss of data, resulting from the use of the Products.
10.2 Force majeure
The Seller cannot be held liable for the non-performance of its obligations in the event of force majeure within the meaning of Article 5.226 of the new Belgian Civil Code, notably in the event of carrier strikes, natural disasters, pandemics, supply shortages, or any other unpredictable and irresistible circumstance.
10.3 Use of products
The Customer is solely responsible for the proper use of the Products in accordance with their intended purpose and the indications on the packaging. The Seller declines all liability in the event of misuse, inadequate storage after delivery, or failure to respect the precautions for use.

ARTICLE 11 — PERSONAL DATA
The Seller collects and processes the Customer's personal data (name, address, email) for the sole purposes of processing and tracking orders, in accordance with the General Data Protection Regulation (GDPR — Regulation EU 2016/679) and the Belgian law of July 30, 2018.
This data is not transferred to third parties, with the exception of the carrier for delivery purposes and the Shopify Payments payment platform for transaction purposes. The Customer is informed that certain data may be transferred outside the European Economic Area within the framework of services provided by Shopify Inc. ; these transfers are governed by standard contractual clauses approved by the European Commission.
The Customer has a right of access, rectification, erasure, objection, and portability by contacting the Seller at songfoodlab@gmail.com. In the event of an unresolved complaint, the Customer may contact the Data Protection Authority (APD): www.autoriteprotectiondonnees.be.
A complete Privacy Policy, detailing notably retention periods, cookies, and the Customer's rights, is available on the website www.savdasie.com.

ARTICLE 12 — INTELLECTUAL PROPERTY
The entire content of the website www.savdasie.com (texts, photos, logos, visuals, architecture) is the exclusive property of the Seller or its rights holders and is protected by Belgian and European intellectual property law. Any reproduction, representation, modification, or exploitation, total or partial, without prior written authorization from the Seller is strictly prohibited.

ARTICLE 13 — AMICABLE RESOLUTION OF DISPUTES
In the event of a dispute, the Customer is invited to contact the Seller as a priority by email at songfoodlab@gmail.com to seek an amicable solution. The Seller undertakes to respond within 5 business days.
In the absence of an amicable resolution, the Customer can turn free of charge to consumer mediation via the Consumer Mediation Service (www.mediationconsommateur.be), in accordance with the Belgian law of April 4, 2014, and Directive 2013/11/EU.
The Customer can also access the European Online Dispute Resolution (ODR) platform: https://ec.europa.eu/consumers/odr

ARTICLE 14 — APPLICABLE LAW AND JURISDICTION
These T&Cs are subject to Belgian law.
In the event of a dispute not resolved amicably, the courts of the judicial district of Brussels (Francophone Court of First Instance of Brussels) shall have exclusive jurisdiction, without prejudice to the mandatory consumer protection rules applicable in the country of residence of the consumer Customer within the European Union.

ARTICLE 15 — MISCELLANEOUS PROVISIONS
If any clause of these T&Cs is declared null or inapplicable by a court decision, the other clauses shall remain fully in force. The failure of the Seller to invoke a clause does not constitute a waiver of it.