General Terms and Conditions of Sale
1. Identification of
the company
Delisweet Cakes SRL (or the "Seller")
Store address / collection point:
- Rue du Bailli 28, 1000 Brussels, Belgium
- Rue Lebeau 69, 1000 Brussels
- Rue des fraises 40, 1070 Anderlecht
Head office: Hippodroomlaan 337, 1933 Zaventem, Belgium
Company number: 0787.770.454
VAT: BE0787.770.454
Telephone: +32 2 775 93 33
directors: Marta Isleyen & Sara Isleyen
2. Purpose and scope
These General Terms and Conditions of Sale (“GTC”) govern the sale of products offered by Delisweet Cakes SRL (“the Seller”) via its website.
Any order placed on the site implies the full and unconditional acceptance of the Client to these GTC.
These GTC distinguish between:
sales to consumers (B2C);
sales to professionals (B2B) when expressly stated.
3. Products
The products offered are those displayed on the site at the time of the order, within the limits of availability and production capacity.
The photographs and presentations are non-contractual: variations may exist due to the season, raw materials, and decoration, without altering the essential characteristics of the product.
The products are handmade and perishable: they must be stored according to the provided instructions and consumed quickly after collection or delivery.
The photographs and presentations are non-contractual: variations may exist due to the season, raw materials, and decoration, without altering the essential characteristics of the product.
The products are handmade and perishable: they must be stored according to the provided instructions and consumed quickly after collection or delivery.
4. Allergens and food information
Information regarding allergens is indicated on the product sheets when available, and can be provided upon request before ordering.
The Customer is invited to contact Delisweet Cakes SRL before ordering in case of allergy, intolerance, or specific dietary requirements.
Despite the precautions taken, a risk of traces (cross-contamination) cannot be completely excluded in a production environment.
The Customer acknowledges that they are solely responsible for checking the compatibility of the ordered products with their health status, allergies, intolerances, or specific dietary requirements.
The Seller cannot be held responsible in the event of an allergic reaction or intolerance.
It is the Customer's responsibility to inform anyone consuming the products of any potential allergens.
The Customer is invited to contact Delisweet Cakes SRL before ordering in case of allergy, intolerance, or specific dietary requirements.
Despite the precautions taken, a risk of traces (cross-contamination) cannot be completely excluded in a production environment.
The Customer acknowledges that they are solely responsible for checking the compatibility of the ordered products with their health status, allergies, intolerances, or specific dietary requirements.
The Seller cannot be held responsible in the event of an allergic reaction or intolerance.
It is the Customer's responsibility to inform anyone consuming the products of any potential allergens.
5. Prices
Prices are indicated in euros (€), all taxes included (TTC).
The VAT rate applied is the legal rate applicable to the relevant product(s) (if applicable, reduced rate).
Delisweet Cakes SRL reserves the right to change its prices at any time, but products are billed based on the price displayed at the time of the order. The Seller reserves the right, at any time, to require advance payment, a deposit, or any guarantee deemed necessary if elements indicate a risk of insolvency on the part of the Client.
Otherwise, the Seller may refuse or suspend any order without compensation.
The VAT rate applied is the legal rate applicable to the relevant product(s) (if applicable, reduced rate).
Delisweet Cakes SRL reserves the right to change its prices at any time, but products are billed based on the price displayed at the time of the order. The Seller reserves the right, at any time, to require advance payment, a deposit, or any guarantee deemed necessary if elements indicate a risk of insolvency on the part of the Client.
Otherwise, the Seller may refuse or suspend any order without compensation.
6. Online Order – conclusion of the contract
The Client selects the desired products and checks the contents of their basket before confirming their order.
The order becomes firm after:
1. validation of the basket,
2. acceptance of the T&Cs
3. payment
4. receipt of a confirmation email (proof of the order).
The Seller cannot be held responsible for order errors attributable to the Client (address, date, time slot, contact information, etc.).
Emails, order confirmations, collection vouchers, photographs, electronic exchanges, and any record from the Seller's computer system constitute sufficient proof of the transactions and services carried out, unless proven otherwise.
7. Payment
Payment is immediate and conditions the validation of the order.
Accepted payment methods: Bancontact, credit card (Visa, Mastercard), or any other method indicated on the site.
Products remain the property of Delisweet Cakes SRL until full payment is made.
7.1 Default of payment (B2C)
In the event of total or partial non-payment of an amount due by the consumer Client, and after sending a first reminder that has remained ineffective for a period of 14 calendar days, late payment interest at the applicable legal rate will be due as of right.
The Seller also reserves the right to suspend or cancel any ongoing order in the event of non-payment.
8. Custom Orders
Custom orders are subject to prior agreement (e.g. quote) and may require the payment of a deposit for final validation.
The Client is solely responsible for the information, texts, images or instructions provided for the execution of a custom order.
Any validation of a visual, design or description by the Client constitutes final acceptance.
No claims will be accepted in the event of dissatisfaction related to subjective elements (aesthetic taste, interpretation of the design, colours, etc.), as long as the order complies with the validated elements.
Modification of the collection / delivery slot
Until the order is confirmed, the client may request a change of collection or delivery slot. After confirmation, the slot can no longer be modified.
8.1 Cancellation by the Client
Any cancellation request must be made in writing (email).
In the event of cancellation:
- more than 72 hours before the scheduled date: refund or credit note, at the Seller's choice;
- between 72 hours and 48 hours before the scheduled date: compensation of 50% of the order amount;
- less than 48 hours before the scheduled date: no refund, the total remaining amount due.
The deposits paid remain with the Seller.
These amounts are justified by the incurred costs, production time, and the perishable nature of the products.
9. In-store pickup (Click & Collect)
Unless stated otherwise, orders are to be picked up in-store (click & collect).
When placing the order, the Customer chooses a date and a time slot for pickup. The pickup address is indicated at the time of payment.
The Customer agrees to respect the chosen time slot to ensure the freshness and quality of the products.
9.1. Delay or impediment
In case of impediment, the Customer must inform the store before the scheduled time (by phone or email) to agree on a new time slot, subject to availability.
9.2. Non-pickup
Due to the perishable and personalised nature of the products, any order not picked up on the agreed date, without prior notice to the Seller, will be considered abandoned.
In this case, no refund or rescheduling will be possible.
The Customer acknowledges that the products cannot be resold due to their nature and specificity.
10. Delivery (if offered)
If a delivery service is offered, the terms (areas, fees, time slots, deadlines) are specified on the site before payment.
Delivery fees by area:
Area 1: €20 to €30
Area 2: €30 to €40
Area 3: €40 to €50
The final applicable amount is indicated before validation and payment.
10.1. Delivery verification – apparent anomalies
The Client must check the condition of the package at the time of delivery.
In case of an apparent anomaly (damaged packaging, signs of moisture, impacts, opening, etc.), the Client must:
refuse the package,
mention specific and handwritten reservations on the delivery note,
sign the reservations,
inform the Seller immediately.
Otherwise, the claim related to an apparent damage may be refused.
10.2. Non-receipt / non-collection of the package
The products sold by Delisweet Cakes SRL being perishable, no refund or replacement will be made if:
the package is returned to the Seller because the Client was absent at the time of delivery,
the Client did not collect the package from the carrier within the imposed deadlines.
11. Right of withdrawal (B2C)
In accordance with Article VI.53 of the Belgian Economic Law Code, the right of withdrawal does not apply to:
perishable products or products likely to deteriorate rapidly,
customised products or products made according to the Client's specifications.
Any validated and paid order is therefore firm, subject to the provisions relating to conformity and claims (Article 12).
12. Claims – conformity (B2C and B2B)
The Client is required to check the conformity of their order at the time of collection or delivery.
Any complaint (error, omission, defect, missing or non-compliant product) must be:
reported immediately in-store (if collected), or
sent by email to info@delisweetcakes.be within 24 hours of receipt, accompanied by photographs and the order number. The collection of products or their acceptance upon delivery constitutes validation of the apparent conformity of the order.
In the absence of an immediate reservation, the order is deemed accepted without reservation regarding its apparent condition.
In the event of proven non-compliance attributable to the Seller, Delisweet Cakes SRL will propose an appropriate solution (e.g. replacement, credit note or refund), excluding any other compensation unless otherwise provided by law.
Any complaint (error, omission, defect, missing or non-compliant product) must be:
reported immediately in-store (if collected), or
sent by email to info@delisweetcakes.be within 24 hours of receipt, accompanied by photographs and the order number. The collection of products or their acceptance upon delivery constitutes validation of the apparent conformity of the order.
In the absence of an immediate reservation, the order is deemed accepted without reservation regarding its apparent condition.
In the event of proven non-compliance attributable to the Seller, Delisweet Cakes SRL will propose an appropriate solution (e.g. replacement, credit note or refund), excluding any other compensation unless otherwise provided by law.
12. Claims – conformity (B2C and B2B)
The Customer is required to verify the conformity of their order at the time of collection or delivery.
Any complaint (error, omission, defect, missing or non-compliant product) must be:
reported immediately in-store (if collected), or
sent by email to info@delisweetcakes.be within 24 hours* of receipt, accompanied by photographs and the order number. The collection of products or their acceptance upon delivery constitutes validation of the apparent conformity of the order.
In the absence of an immediate reservation, the order is deemed accepted without reservation regarding its apparent condition.
In the event of proven non-compliance attributable to the Seller, Delisweet Cakes SRL will propose an appropriate solution (e.g. replacement, credit note or refund), excluding any other compensation unless otherwise provided by law.
*This delay is justified by the perishable nature of the products
Any complaint (error, omission, defect, missing or non-compliant product) must be:
reported immediately in-store (if collected), or
sent by email to info@delisweetcakes.be within 24 hours* of receipt, accompanied by photographs and the order number. The collection of products or their acceptance upon delivery constitutes validation of the apparent conformity of the order.
In the absence of an immediate reservation, the order is deemed accepted without reservation regarding its apparent condition.
In the event of proven non-compliance attributable to the Seller, Delisweet Cakes SRL will propose an appropriate solution (e.g. replacement, credit note or refund), excluding any other compensation unless otherwise provided by law.
*This delay is justified by the perishable nature of the products
13. Liability
Delisweet Cakes SRL cannot be held responsible in particular for:
delays due to external causes beyond its control (force majeure, strike, bad weather, breakdown, etc.)
poor storage, handling or use of the products after their collection or delivery;
errors attributable to the Client when placing the order.
The products are prepared and stored in compliance with current hygiene and food safety standards.
The Seller declares that it complies with the applicable legal obligations regarding food safety and is registered with the competent authorities.
From the moment of collection in-store or delivery, the Seller's liability ceases.
The Client is solely responsible for complying with the conditions of transport, storage (notably the cold chain) and consumption of the products.
The Seller cannot be held responsible for any alteration of the products or any damage resulting from non-compliance with these conditions after their handover.
Within the limits permitted by law, the liability of Delisweet Cakes SRL is limited to the higher amount between the amount of the relevant order and the amount covered by its professional liability insurance.
delays due to external causes beyond its control (force majeure, strike, bad weather, breakdown, etc.)
poor storage, handling or use of the products after their collection or delivery;
errors attributable to the Client when placing the order.
The products are prepared and stored in compliance with current hygiene and food safety standards.
The Seller declares that it complies with the applicable legal obligations regarding food safety and is registered with the competent authorities.
From the moment of collection in-store or delivery, the Seller's liability ceases.
The Client is solely responsible for complying with the conditions of transport, storage (notably the cold chain) and consumption of the products.
The Seller cannot be held responsible for any alteration of the products or any damage resulting from non-compliance with these conditions after their handover.
Within the limits permitted by law, the liability of Delisweet Cakes SRL is limited to the higher amount between the amount of the relevant order and the amount covered by its professional liability insurance.
14. Intellectual property (site)
All texts, images, logos, recipes, graphics and content of the site are the exclusive property of Delisweet Cakes SRL.
Any reproduction, distribution or use without prior written permission is prohibited.
Any reproduction, distribution or use without prior written permission is prohibited.
15. Personal Data
(GDPR)
The data collected (name, address, phone, email, order history, etc.) is necessary for sales management, billing, and customer service.
In accordance with Regulation (EU) 2016/679 (GDPR), the Client has the right of access, rectification, erasure, and objection.
These rights can be exercised by email: info@delisweetcakes.be.
The data is not sold to third parties.
Data Protection Authority (DPA):
https://www.autoriteprotectiondonnees.be
In accordance with Regulation (EU) 2016/679 (GDPR), the Client has the right of access, rectification, erasure, and objection.
These rights can be exercised by email: info@delisweetcakes.be.
The data is not sold to third parties.
Data Protection Authority (DPA):
https://www.autoriteprotectiondonnees.be
16. Cookies
The site uses cookies necessary for its proper functioning and, where applicable, analytical or advertising cookies.
The Client can manage or refuse these cookies via the banner displayed during their first visit.
The Client can manage or refuse these cookies via the banner displayed during their first visit.
17. Force Majeure
Delisweet Cakes SRL cannot be held responsible for any failure or delay in the performance of its obligations due to a case of force majeure (bad weather, fire, strike, epidemic, logistical failure, etc.).
17. Force Majeure
Delisweet Cakes SRL cannot be held responsible for any failure or delay in the performance of its obligations due to a case of force majeure (bad weather, fire, strike, epidemic, logistical failure, etc.).
18. Partial Invalidity
The potential invalidity of a clause in these T&Cs does not affect the validity of the other provisions.
19. Dispute Resolution
(B2C)
In the event of a dispute or complaint, the Client is invited to contact Delisweet Cakes SRL as a priority:
info@delisweetcakes.be
Failing an amicable agreement, the consumer may contact:
Consumer Mediation Service
Boulevard du Roi Albert II, 8 box 1, 1000 Brussels
+32 (0)2 702 52 20
contact@mediationconsommateur.be
https://www.mediationconsommateur.be
info@delisweetcakes.be
Failing an amicable agreement, the consumer may contact:
Consumer Mediation Service
Boulevard du Roi Albert II, 8 box 1, 1000 Brussels
+32 (0)2 702 52 20
contact@mediationconsommateur.be
https://www.mediationconsommateur.be
20. Applicable Law and
Competent Jurisdiction
These T&Cs are governed by Belgian law.
B2C (consumers): the competent jurisdictions are determined in accordance with the applicable legal rules.
B2B (professionals): only the French-speaking courts of Brussels are competent.
B2C (consumers): the competent jurisdictions are determined in accordance with the applicable legal rules.
B2B (professionals): only the French-speaking courts of Brussels are competent.
Appendix – Conditions
specific to professionals (B2B)
B2B-1. Scope
These B2B conditions apply only when the Client orders as a professional.
These general terms and conditions prevail over any other conditions from the Client, unless expressly agreed in writing by the Seller.
These general terms and conditions prevail over any other conditions from the Client, unless expressly agreed in writing by the Seller.
B2B-2. Payment –
billing – delay
Unless prior written agreement, invoices are payable on demand, in euros, by transfer to the indicated account.
Any invoice not contested in writing within 8 days of receipt is deemed accepted.
In the event of non-payment at maturity, the amount due will automatically and without prior notice incur a late interest of 1% per month commenced.
A flat fee of 15% of the remaining amount due will also be payable, with a minimum of €150 per invoice.
Failure to pay a single invoice at its due date makes all other invoices immediately payable, even if not due.
The Seller reserves the right to suspend any order or delivery in the event of late payment.
Any invoice not contested in writing within 8 days of receipt is deemed accepted.
In the event of non-payment at maturity, the amount due will automatically and without prior notice incur a late interest of 1% per month commenced.
A flat fee of 15% of the remaining amount due will also be payable, with a minimum of €150 per invoice.
Failure to pay a single invoice at its due date makes all other invoices immediately payable, even if not due.
The Seller reserves the right to suspend any order or delivery in the event of late payment.
B2B-3. Delivery postponed at
the Client's initiative (B2B)
If the Client takes the initiative to
postpone the delivery, they waive their right to cancel the sale
and accept any price increases between the order
and the delivery, with a maximum of 15% of the order.
B2B-4. Intellectual
property – white label sales
As part of white label sales, Delisweet Cakes SRL retains all intellectual property rights over its recipes, creations, visuals, photos, and marketing materials.
The professional Client agrees not to publish, disseminate, or use these elements under the name of Delisweet Cakes SRL, unless prior written permission is obtained.
In particular, no mention of the brand "Delisweet Cakes" may appear on the Client's communication materials (social media, website, brochures, etc.), unless written agreement is obtained.
The professional Client agrees not to publish, disseminate, or use these elements under the name of Delisweet Cakes SRL, unless prior written permission is obtained.
In particular, no mention of the brand "Delisweet Cakes" may appear on the Client's communication materials (social media, website, brochures, etc.), unless written agreement is obtained.