Algemene voorwaarden

GENERAL TERMS AND CONDITIONS OF DE SMAAKCLUB & LE CLUB DES SAVEURS

1. General

The services of “desmaakclub.be” and “leclubdessaveurs.be” (hereinafter referred to as “De Smaakclub”), operated by PAB NV, with registered office at 2800 MECHELEN, Kruisbaan 76 and with company number BE0404.829.795, are exclusively governed by these general terms and conditions unless otherwise agreed in writing and mutually recognized.

Every person who registers with De Smaakclub is a “member” of De Smaakclub (the “Member”). Without registration, every person is considered a “user” (the “User”). The User can view all campaigns (online surveys, taste packages, and taste panels) but cannot participate. The User also has access to the “recipes” section. The Member of De Smaakclub has the same capabilities as the User but can also participate in all types of campaigns.

With each registration and/or participation in a project at De Smaakclub, a legal relationship is established, and the User or the Member confirms that he or she has read and accepted these general terms and conditions.

These terms and conditions may be amended by De Smaakclub. The applicable version can always be found on the website desmaakclub.be (hereinafter referred to as the “Website”). Under no circumstances will other general terms and conditions apply between De Smaakclub and the User or the Member.

2. Working Method of De Smaakclub

De Smaakclub acts as an online platform between providers of “fast moving consumer goods” (hereinafter referred to as the “Provider”) on one hand, and individuals who are interested in or looking for new products and wish to assess them, so that the Provider can gain insight into the consumer’s taste palette on the other.

The working method of De Smaakclub is as follows:

1. Registration: one registers for free with De Smaakclub and signs up for active projects. Depending on the type of product from the Provider, De Smaakclub keeps the Member informed whether he or she is selected to participate in the project. Additionally, the Member is also informed at the launch of new campaigns;
2. Surveys/Tasting Sessions/Taste Packages: De Smaakclub regularly organizes surveys and/or tasting sessions and/or assembles a taste package to introduce the Member to such existing or new products from Providers;
3. Assessment: De Smaakclub is very curious about the Member’s opinion so that the Provider can improve the products, offerings, or user experience. When assessing a product, the Member may receive gifts, compensation, or benefits (such as discount coupons, free products, or tasting sessions) without being entitled to claim or enforce these.

In the case of an irrelevant or intentionally false, immoral, or offensive assessment that in any way violates the rights of third parties, violates applicable law, constitutes a criminal offense, contains viruses or other computer programs that may damage software or hardware, or in any other way adversely affect the use of a computer, contains surveys or chain letters, or aims to collect personal data from other Users or Members for any purpose, De Smaakclub reserves the right to deny the User or the Member access to his or her account or to the Website.

3. Offer – Availability – Delivery Time

The offer and availability mentioned on the Website regarding participation in surveys, tasting sessions, and/or the dispatch of taste packages are indicative and may change from day to day. De Smaakclub reserves the right to exclude certain Users or Members from specific campaigns without any justification.

If De Smaakclub has committed to the Member to deliver products, the associated delivery times are provided solely for informational purposes and do not bind De Smaakclub. Delays in execution can never lead to any compensation. If the delivery time is expressed in working days, it does not include Saturday, Sunday, and public holidays.

4. Duration of the Agreement

The Member enters into a fixed-term agreement with De Smaakclub each time, without the possibility of termination depending on participation in surveys, tasting sessions, or taste packages.

5. Force Majeure

When De Smaakclub is unable to fulfill the agreement due to force majeure, it reserves the right to terminate the agreement without any compensation being claimed. Force majeure is defined as a situation where the execution of the agreement is wholly or partially, temporarily or not, prevented by circumstances beyond the control of the parties, even if such circumstances were foreseeable at the time of the conclusion of the agreement. De Smaakclub is not obliged to prove the unforeseeable and unaccountable nature of the circumstances constituting force majeure (for example, but not limited to strikes, war, lock-outs, weather conditions, etc.).

6. Change of Circumstances

If unforeseen circumstances arise outside the will of De Smaakclub that lead to a significant disruption of the economic balance of the agreement compared to the situation that existed at the time of its conclusion, De Smaakclub has the right to request the User or the Member in writing to renegotiate the agreement. If De Smaakclub and the User or the Member do not reach an agreement within a month of the request for renegotiation, De Smaakclub has the right to terminate the agreement immediately and without charge without judicial intervention.

7. Intellectual Rights

The services provided by De Smaakclub, as well as the content and all components of the Website (including brands, logos, designs, drawings, data, product and/or company names, texts, images, software, etc.) are protected by intellectual rights (including copyright and trademark rights) that belong to De Smaakclub, the Provider, or to third parties who have allowed De Smaakclub to use them.

The User or the Member is not entitled for any reason to modify, copy, distribute, send, publish, reproduce, grant licenses for, transfer, or sell any information or content obtained, nor to create derivative works of the aforementioned elements, unless De Smaakclub and/or the Provider have given their explicit consent for this. The provision of services by De Smaakclub and/or the Provider does not involve any transfer or availability of its intellectual rights. Any infringement of intellectual rights can be prosecuted both civilly and criminally in accordance with applicable law.

8. Liability

De Smaakclub is not liable for any damage that may arise directly or indirectly from the services provided by De Smaakclub. De Smaakclub is not responsible for errors made by subcontractors or Providers. If the liability of De Smaakclub is established as a result of a culpable and demonstrable error by De Smaakclub, the liability of De Smaakclub is limited to direct and material damage, excluding, among other things, loss of profit, loss of revenue, loss of income, production limitations, administration or personnel costs, and/or claims from third parties.

De Smaakclub is not liable for force majeure, accidents, shortcomings of the User or the Member, or for an act of the User or the Member or a third party.

Every Member is fully responsible and indemnifies De Smaakclub completely and at all times for any liability regarding the use by the Member of (new) products from a Provider (for example, but not limited to, medical complaints such as allergic reactions, etc., and within the framework of the general regulations on food safety). De Smaakclub acts solely as an intermediary and is not involved in the development of the products of the Provider that the Member receives through De Smaakclub.

9. Processing of Personal Data

By accepting these general terms and conditions, the User and the Member give permission to De Smaakclub to process their personal data. De Smaakclub uses personal data only in accordance with the privacy policy on the Website. De Smaakclub takes appropriate technical and organizational measures against unauthorized or unlawful processing or accidental loss, destruction, or unauthorized access to such data. The User or the Member may request De Smaakclub for a copy, correction, or deletion of personal data.

10. Applicable Law and Disputes

These general terms and conditions, as well as all other agreements between De Smaakclub and the User or the Member, are exclusively governed by Belgian law, excluding the Vienna Sales Convention. All disputes between the parties regarding this agreement, as well as all other agreements arising from it, are solely within the jurisdiction of the courts of the judicial district of Antwerp, division of Antwerp.