Buss Lifestyle — Terms of Sale
1. Who is the seller?
The seller is Plan-B International BV, trading as Buss Olive Oil (“Buss”), Vogelzangstraat 50B, 2560 Nijlen, Belgium, enterprise number / VAT BE 0881.457.509, info (at) bussoliveoil.com.
2. Scope: for professionals only
2.1 These terms apply to every order placed via the Buss Lifestyle app.
2.2 Buss Lifestyle is intended exclusively for businesses (restaurants, hotels, caterers and other professional kitchens) acting in the course of their professional activity. An order can only be placed on behalf of a business with a valid VAT number, checked via the European VIES system. An account with a VAT number that is “pending” or with a number that has not (yet) been confirmed can explore the app but cannot place orders. In addition, the person placing the order must have confirmed their email address with a code, because the order confirmation is sent to that address.
2.3 Because the customer is a business, consumer law rules do not apply, in particular the 14-day right of withdrawal does not apply.
2.4 The person placing the order declares that they are authorised to bind the business.
2.5 The customer's general terms and conditions do not apply, unless Buss expressly accepts them in writing.
3. Prices
3.1 Prices are shown in euros, with the price excluding VAT as the main price and the price including VAT alongside it. The total amount in the shopping basket is the amount to be paid.
3.2 For deliveries in Belgium, Belgian VAT is charged at the applicable rate (currently 6% for olive oil).
3.3 For a business established in another EU Member State with a valid VAT number, the supply is an intra-Community supply with VAT reverse charge: no Belgian VAT is charged and the customer accounts for the VAT itself in its own country. The invoice states this.
3.4 Delivery charges, any threshold for free delivery and any minimum order value are as shown in the app before payment; Buss may change them. Delivery charges are always shown in the total before payment.
3.5 Buss may change prices at any time. For an order that has been placed and paid for, the price at the time of ordering applies. An obvious error in a price (for example a missing digit) does not bind Buss; in that case, the customer may choose between the correct price or a full refund.
4. Order and payment
4.1 The customer puts together their order in the app, checks the summary (products, quantities, prices, VAT, delivery address, estimated delivery date) and pays immediately. The customer may add extra information to the order; Buss takes it into account where possible but is not bound by it.
4.2 Payment is made in advance, via the payment methods offered by the app. Payment is processed by the payment provider Mollie; Buss does not receive any card or bank details.
4.3 The contract is concluded as soon as payment has been confirmed. The customer will then see the order appear in the app under Orders and receives an order confirmation by email; that confirmation is not an invoice.
4.4 Buss may refuse or cancel an order if a product turns out to be unavailable, if the VAT number turns out to be invalid, in the event of suspected misuse or fraud, or in the event of an obvious pricing error. In that case, the amount paid will be refunded in full within 14 days via the same payment method.
5. Invoicing
5.1 For every order, the customer receives an invoice in the name of the business, showing the company details provided in the app. The customer is responsible for their accuracy.
5.2 Invoices to Belgian businesses are sent electronically via the Peppol network, as required by law, and also by email. Invoices to other businesses are sent by email.
6. Delivery
6.1 Buss delivers in Belgium and the Netherlands.
6.2 The app shows an estimated delivery date before and after payment. This takes into account the lead time and the order cut-off as shown in the app before payment, public holidays and the opening hours provided by the customer. The delivery date is an estimate and not a fixed deadline.
6.3 The customer ensures that the delivery address, delivery instructions and opening hours in the app are correct, and that someone is present during those opening hours to take receipt of the delivery. The costs of a failed delivery due to incorrect details or absence may be passed on.
6.4 Late delivery does not give rise to any right to compensation. If an order has still not been delivered more than 10 working days after the estimated delivery date, the customer may cancel the order and will receive a full refund of the amount paid for whatever has not been delivered.
6.5 Risk passes to the customer at the time of delivery. Ownership passes on delivery, as the full price has been paid in advance.
7. Inspection on receipt and complaints
7.1 The customer inspects the delivery on receipt. Visible damage or missing products must be noted on the consignment note or with the carrier and reported to Buss within 48 hours of delivery, preferably with photos, via info (at) bussoliveoil.com.
7.2 Latent defects must be reported within 7 days of discovery, and in any event before the product's best-before date.
7.3 If a complaint is justified, Buss will choose between replacing the product or a refund (or a credit note) for the product concerned. Products are only taken back with Buss's agreement.
7.4 Since there is no right of withdrawal (section 2.3), correctly delivered, undamaged products will not be taken back unless Buss expressly agrees.
8. Cancellation by the customer
A paid order is binding. As long as it has not yet been dispatched, the customer may ask Buss to cancel it via info (at) bussoliveoil.com; Buss will decide on this reasonably. If a cancellation is accepted, the full amount will be refunded.
9. Products
9.1 The product information in the app (name, photo, description, contents) is compiled with care. Minor deviations, for example in the colour of a photo or in the packaging, do not give rise to any right to cancellation or compensation.
9.2 The mandatory food information (including the name, net quantity, origin, storage instructions and shelf life) appears on the label and in the product description. The customer stores the products in accordance with the storage instructions.
9.3 Alcoholic beverages. If the range includes alcoholic beverages, these are sold exclusively to businesses and delivered to adults. The customer declares that the order is intended for its professional activity and that it holds any licences required for this. Buss or the carrier may ask for proof of identity on delivery and may refuse delivery to a minor.
10. Liability
10.1 Buss's liability is in any event limited to the amount of the order concerned (excluding VAT).
10.2 Buss is not liable for indirect damage, such as loss of turnover, loss of profit, loss of opportunity or damage to third parties, nor for damage caused by incorrect use or incorrect storage of the products.
10.3 These limitations do not apply in the event of wilful misconduct, fraud or gross negligence on the part of Buss, or where the law does not permit a limitation.
11. Force majeure
Buss is not liable for a delay in or failure to perform an order due to circumstances beyond its control, such as strikes, extreme weather conditions, disruptions at carriers, suppliers or payment providers, pandemics or government measures. If the force majeure lasts longer than 30 days, either party may cancel the order; anything paid for but not delivered will be refunded.
12. Personal data
Buss processes personal data in accordance with the Buss Lifestyle Privacy Policy, which can be read in the app and on the Buss Lifestyle website.
13. Changes
Buss may amend these terms. An order is governed by the terms in force at the time of the order. In the event of significant changes, the app will ask the customer to accept the new version.
14. Governing law and competent court
14.1 These terms and every order are governed exclusively by Belgian law. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.
14.2 Disputes will first be discussed with a view to an amicable settlement. If that fails, the courts of the judicial district of Antwerp have exclusive jurisdiction.
14.3 If any provision of these terms is invalid, the other provisions remain in full force.