Fika (EFL Management) is a SRL company under Belgian law with registered office or registered office at Rue Alphonse Jaumain 11, 5170 Profondeville, Belgium and registered with BCE n° BE 0749.950.055.
Article 1 – Description of the service
Fika provides healthy snack boxes to individuals and companies, whether on a membership basis or not.
The composition of the snack boxes and the selection of the snacks are at the discretion of Fika. Nevertheless, Fika will take into account the preferences communicated by the customer.
Article 2 – Order and Conclusion of the agreement
The customer may place an order (by completing and confirming the order form provided by Fika). Fika will confirm the receipt of the order (by electronic means) as soon as possible. However, this confirmation does not yet count as an acceptance of the order placed. The order is only accepted by Fika when it sends a receipt or sends the ordered products to the customer. As long as this acceptance is not made, no agreement is created between the customer and Fika, and Fika can refuse the order without giving reasons.
Every order placed is subject to the present general conditions, which are accepted in their entirety by the customer. These general conditions will always prevail over the general conditions of the customer.
Article 3 – Intellectual Property Rights
If the customer wishes, the order can be personalized by applying a logo, brand, company name, text and/or image to the snack boxes. If the customer chooses to personalize the snack boxes and sends a logo, brand, company name, text and/or image to Fika, the customer ensures that this will not infringe any intellectual property rights. In this context, Fika can in no way assume responsibility and/or be held liable (and the customer will indemnify Fika if necessary).
Article 4 – Rights of withdrawal
If the customer is a natural person consumer, he has the right to cancel the contract within 14 days and to return the products to Fika their original, unopened, undamaged packaging. This 14-day period starts from the day of receipt of the order. The customer must exercise his right of withdrawal in writing (e.g. by e-mail) within the above-mentioned period. In this case, the return costs will be charged to the customer. The risk and burden of proof for the timely exercise of the right of withdrawal shall be borne by the customer. This right of withdrawal does not apply if the customer is a company.
Article 5 – Reservation of property
The delivered products remain the property of Fika as long as the total price has not been paid. Fika reserves the right to recover the products in case of non-payment by the customer. Advances paid remain the property of Fika compensate for possible losses on resale
Article 6 – Termination of the agreement
The customer can take out a subscription, whereby the products are delivered to the customer at mutually agreed regular times. The subscription can be concluded for an indefinite period where it will be tacitly renewed every month. In the latter case, the customer may cancel the subscription at any time with a 2 months’ notice period. Thereafter, the cancellation will take effect.
Article 7 – Delivery
The products are delivered via a courier service, chosen by Fika. The customer must ensure that personal delivery of the products is possible at the place and time indicated for delivery. The customer is responsible for all costs and damages if personal delivery is impossible. The customer may indicate a different choice of where the products can be delivered (e.g. to a neighbor’s house, a sheltered location, etc.). The delivery is considered validly made by Fika if the products are delivered according to the customer’s indicated choice.
Article 8 – Obligation of the customer
All information that the customer communicates to Fika (e.g. delivery addresses, contact details, etc.) must be up-to-date and correct. The customer may not communicate the password of his online account to third parties and must keep it in a safe place. In case of loss or transmission of the password to third parties, the customer must immediately inform Fika.
Article 9 – Data Processing activities
The present article is necessary to regulate the processing of personal data pursuant to the article 28 of the Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter the “ GDPR”).
The GDPR and the article 9 are not applicable if no personal data are processed (only company’s information is processed by Fika).
If the boxes are sent directly to Employees of the customer, personal data are processed and the following § applies:
The processing carried out by the Fika (the data processor) in the name and on behalf of the Customer (the data controller) consist of collecting employee’s data to send them Fika Boxes (note: these describe the “instructions from the controller to the processor).
The categories of personal data processed are name, surname, email address, phone number, home address of the employees of the Customer (the data subjects).
Only the personal data which are mentioned in the above § may and shall be processed by Fika. Furthermore, personal data shall only be processed in light of the following purposes: send Fika Boxes to employees. Fika shall not process the personal data for its own purposes (marketing, product improvement…) unless the Customer provided his explicit consent.
Personal data are deleted 1 month after the service has been executed or has ended.
Fika shall have in place and maintain appropriate technical and organizational measures in such a manner that processing will meet the requirements of the GDPR and ensure the confidentiality of the data.
In the case of a personal data breach related to the subject of the processing, Fika shall notify the customer without undue delay after becoming aware.
Both Parties shall undertake to adopt appropriate measures to ensure that the personal data are not used improperly or acquired by an unauthorized Third Party.
Fika is liable for the damage caused by processing only where it has not complied with the legal obligations of the GDPR specifically directed to processors or where it has acted outside or contrary to lawful instructions of the Customers.
For more information concerning the rights and obligations of the parties, we refer to GDPR art., 28.
Article 10 – Contact
If you have any questions, complaints and/or remarks, you can contact Fika by e-mail at the following address: firstname.lastname@example.org , in which case Fika undertakes to provide an answer within 7 calendar days.
Article 11 – Applicable right
The terms and Condition are governed and interpreted in accordance with Belgian law, unless otherwise required by law.
Before taking legal action, the Parties will take all reasonable measures to reach an amicable solution to the dispute in question.