SmartFridge General Terms and Conditions of Sale (01/2021)
Article 0 : Définitions
Buyer : shall mean any physical person, consumer of at least 18 years of age, purchasing Products via the connected Fridge. The Buyer acknowledges that he/she has full legal capacity to enter into commitments under the GTC.
GTC : refers to the present general sales conditions.
Company : refers to the legal entity to which SmartFridge belongs. provides a service for the provision of a self-contained cafeteria in which food and beverages are sold to its staff (employed or not) and visitors.
Connected fridge : equipment made available to the Company, intended for the presentation, conservation and marketing of Products, to the exclusion of any other use.
SmartFridge : refers to the company SF Company srl. which operates under the brand name SmartFridge, a limited liability company, registered in the Brussels Trade and Companies Register, with its registered office at 175 rue Bara, 1070 Brussels – Belgium.
Party(ies) : means individually or collectively the Buyer and/or Smart Fridge.
Product : means any product sold by SmartFridge via the connected fridge or via its pre-order service.
Pre-order service: refers to the service by which a Buyer can order his Product from the website www.smartfridge.be or via the SmartFridge mobile application by logging in using his SmartFridge identifiers.
Pre-order site : means the site accessible at www.smartfridge.be or SmartFridge mobile app.
My Account Site: : means the site accessible at www.smartfridge.be or SmartFridge mobile app .
SmartFridge Site : means the site accessible at www.smartfridge.be
Article 1: Object
SmartFridge rents to the Company a connected Fridge serving as an autonomous cafeteria within which the Products are sold by SmartFridge to the Buyers, with a pre-order Service with delivery to the Buyers in the connected Fridge.
The purpose of these GTC is to define the rights and obligations of the Parties in the context of the sale of Products by SmartFridge to the Purchaser. Any purchase of Products implies the Buyer’s unreserved acceptance and full and complete adherence to these GTC.
They can be accessed and printed at any time via a direct link at the bottom of the SmartFridge Site. The applicable version of the general conditions is the one that can be consulted online on the SmartFridgewpml_nbsp Site on the date of the Buyer’s order, a copy of which is sent to him/her with the confirmation of his/her registration.
Article 2: Creation of an account
To make a purchase of Products, the Buyer must first create and activate his/her account on the SmartFridge application (IOS / ANDROID) using his/her professional email address as login. They must then validate the creation of their account by clicking on the link received in the account creation confirmation email.
Registration automatically leads to the opening of an account in the name of the Buyer (hereinafter: the Account ), giving him/her access to a personal space (hereinafter: the Personal Space ) which allows him/her to manage his/her purchases and to have access to his/her shopping basket.
The Buyer guarantees that all the information he/she provides in the registration form is accurate, sincere, up to date and not misleading . The Buyer is informed and accepts that the information entered for the purpose of creating or updating his/her Account is proof of his/her identity.
The Buyer undertakes to use his Account personally and not to allow any third party to use it in his place or on his behalf, unless he bears full responsibility. The Buyer is responsible for maintaining the confidentiality of his Account and password and for restricting access to his computer and other equipment. The Buyer is responsible for all activities that occur under his/her account or password.
In case of violation of these GTC and/or of the legal or regulatory provisions in force, SmartFridge reserves the right to refuse access to the account of the Buyer concerned or to close it.
Article 3 : Means of payment (visa, bancontact, …)
When creating a personal account, the buyer will be asked to provide credit card information (Visa, Mastercard). This credit card is a guarantee of payment.
The buyer can add other payment methods (Bancontact, Edenred Card, Sodexo Pass, etc.). When purchasing products within the connected fridge, the buyer will have to choose his payment method. If they do not choose a specific payment method, the value of their purchases will be charged to the credit card associated with their personal account.
Article 4: Ordering Products and conditions of use of the connected fridge
4.1 Pre-ordering of Products (2022)
On the Pre-Order Site for the Pre-Order Service ;
In the case of an order placed via the Pre-order Service, the Buyer must log on to the Pre-order Site with his or her SmartFridge identifiers, then select the products he or she wishes to order and finally click on ‘Order’. The Buyer will then receive an email summarising their SmartFridge order on the email address they provided when creating their SmartFridge account. The selection of Products will be considered final and irrevocable after the validation of the order.
4.2. Purchase without pre-orders
In the case of a direct purchase without a pre-order in the Connected Fridge, the Buyer will have to identify himself through the SmartFridge application (QR code present on each Connected Fridge) before opening the Connected Fridge to then withdraw the Products he wishes to consume. Only Products removed from the connected fridge by the Buyer will be considered as purchased by the Buyer. The selection of Products will be considered final and irrevocable once the Products have been removed from the connected fridge and the fridge has been closed
4.3. Terms of use of the connected fridge
The Buyer undertakes to use the connected Fridge diligently and carefully, in accordance with the conditions of use specified by SmartFridge in the user guide attached hereto.
The attention of the Buyer is especially drawn to the need to close the connected fridge as soon as he has selected and removed the Product or Products of his choice. Otherwise, a third party may use the connected fridge at the expense of the Buyer until the connected fridge is closed again.
The Buyer shall in particular refrain from damaging the connected fridge, from using the connected fridge in a way that could jeopardise the safety and quality of the Products (connected fridge left open, Products opened inside the connected fridge, etc.).
For reasons of hygiene and preservation of the quality of the Products, the Buyer shall refrain from touching and handling any Product other than the pre-ordered Product or the Product he/she wishes to purchase in the connected Fridge, under penalty of having to purchase it even if he/she did not wish to make this choice.
The Buyer agrees not to use the connected Fridge for purposes other than those for which it is intended and in particular to store products other than the Products marketed by SmartFridge.
SmartFridge has put in place a strict process concerning the consumption dates of each Product, with the label on the packaging indicating the expiry date. All expired Products will be removed by SmartFridge. The Buyer is therefore prohibited from removing and consuming expired Products.
In the event that the Purchaser withdraws Products that have expired, these products will be reimbursed to the Purchaser provided that the Purchaser contacts SMART FRIDGE to notify the error by sending an email to customercare@smartfridge.be .
In the event that the Buyer notices that the rules of use of the connected Fridge have not been respected and could be detrimental to the safety and quality of the Products, the Buyer undertakes to inform SmartFridge immediately by sending an email to the following email address customercare@smartfridge.be under the conditions defined in article 13 of the GTC, to enable the latter to remedy the situation as soon as possible.
Article 5: Obligations of the Buyers
Without prejudice to the commitment of SmartFridge to provide fresh, quality Products, Buyers are solely responsible for the choice and use they make of the Products. It is their responsibility to verify the suitability of the Products for their specific needs and constraints prior to purchasing the Products.
The Purchasers shall refrain from reselling the Products purchased in the connected Fridge or via the pre-order Service.
Buyers must also take the necessary measures to save by their own means the information in their Personal Space that they deem necessary.
Article 6: Product information
Before any purchase, the Buyer can take note of the characteristics of each Product he wishes to purchase via the SmartFridge mobile application (by clicking on the product in question) or directly on the screen of the connected Fridge (by clicking on the Product in question) for direct purchases in the connected Fridge.
SmartFridge will ensure that the photographs of the Products presented on the SmartFridge Site, the Pre-Order Site or on the screen of the connected Fridge are as faithful as possible to the Products themselves.
However, the photographs are for illustrative purposes only and have no contractual value. It follows from the above that SmartFridge cannot be held responsible and no claim can be made on the basis of any discrepancies between the photographs presented on the SmartFridge Site, the Pre-order Site or the Connected Fridge and the Products for sale.
For all non-standardised Farmhouse Products, in particular fish, meat, cold meats and cheese, their weight may vary within a range of + or -10% compared to the weight indicated in the Product description. If the weight of the Product is slightly more or less than 10% of the weight indicated in the description, the excess or shortfall in weight will not give rise to any proportional increase or decrease in price. Furthermore, this difference in weight cannot be the subject of a claim by the customer for non-conformity of the Product. Consequently, SmartFridge cannot be held responsible in the event of errors, inaccuracies or omissions in the information on the Products sold.
The Products comply with all Belgian standards, legal provisions and regulations relating to health, safety and consumer protection.
The safety and quality of the Products are guaranteed by the respect of the rules of transport and conservation of the Products until their marketing to the Buyer.
Nevertheless, in the event that the Purchaser notices that the safety or quality standards are not respected, he/she undertakes to immediately inform SmartFridge by sending an email to the following email address customercare@smartfridge.be under the conditions defined in article 13 of the GTC, to enable the latter to remedy the situation as soon as possible.
The Products are offered for sale within the limits of available stocks, or subject to the possibility of ordering them if necessary. However, SmartFridge reserves the right to interrupt the marketing of certain Products at any time and without notice.
Article 7 : Price
The applicable prices of the Products are displayed on the application, at the time of registration of the Buyer’s order, or directly on the connected fridge in case of sale directly on the connected fridge.
They are indicated in euros, all taxes included (Belgian VAT 6% and other applicable taxes).
SmartFridge reserves the right to modify at any time the prices of the Products subject to the obligation to apply the prices indicated on the Products at the time of purchase. SmartFridge also reserves the right, at its own discretion and according to terms and conditions of which it will be the sole judge, to propose promotional offers or price reductions.
Article 8: Terms of payment
The full price of the Products is due when the order is placed or after the connected fridge is closed. Payment is made automatically. The buyer can choose his payment method. If they have not chosen a payment method, their credit card will be charged automatically after receiving 3 payment reminder notifications.
In the event of an invoicing error noted by the Buyer at the time of purchase on the connected fridge, the Buyer undertakes to contact the customercare@smartfridge.be to report the error found. In this case, the customer will receive an e-mail asking them to specify which Products have been overcharged or are missing. The Purchaser undertakes to reply to this e-mail in all sincerity in order to be reimbursed or invoiced for the correct amount, if necessary, SmartFridge reserving the right to make reimbursements on a case by case basis.
Unless the Buyer immediately reports an error in accordance with the above procedure, the Buyer is deemed to give his consent to the payment transaction by inserting his payment card into the SmartFridge application and removing the desired Products from the connected Fridge. The payment order is therefore irrevocable and not contestable.
If the balance on the payment card is equal to or less than zero (0) euro, the connected fridge cannot be opened.
In the event that the Buyer selects and removes Products from the connected fridge for an amount greater than the balance on his/her payment card, the amount of the negative balance on the payment card will be immediately due. Failure to pay will result in the Buyer being obliged to pay SmartFridge interest at the rate of 6% per annum as well as a fixed compensation equal to 10% of the outstanding balance, with a minimum of 20 EUR. SmartFridge may suspend the execution of its obligations under the GTC, and in particular prevent the Purchaser from removing Products from the connected Fridge, until complete and perfect payment of the sums still due. For all purposes, SmartFridge will be free to inform the Company of any breach by the Buyer of its contractual obligations under these GCS.
Article 9 : Billing
The Purchase of Products by the Purchaser will, on request, give rise to the issue of an invoice by SmartFridge. This invoice will show the amount of the transactions and the dishes purchased.
This invoice is automatically sent to the Buyer’s email address. In addition, the Buyer will be able to view his shopping cart at any time in his personal account in the SmartFridge application.
Article 10: Absence of right of withdrawal
In the case of the supply of goods liable to deteriorate or expire rapidly within the meaning of the Code of Economic Law and/or sales of foodstuffs and beverages physically delivered by a company on frequent and regular rounds to the consumer’s place of work within the meaning of the same Code, the Buyer shall not have the right of withdrawal provided for in distance selling and off-premises contracts.
Article 11: Legal warranties
The Buyer is expressly informed that the Products, by their nature, deteriorate rapidly. The Customer acknowledges that all Products must be stored in a cool, dry place and consumed within the period indicated on the packaging. SmartFridge reminds you that the Buyer benefits from the legal guarantees of non-conformity as well as hidden defects of the item sold, including the defects of conformity resulting from the packaging of the Products purchased.
If the Purchaser finds that the purchased Product has a defect, he/she must inform SmartFridge according to the terms of article 13 below, indicating the nature of the defect and sending him/her any useful proof, in particular in the form of photograph(s).
SmartFridge will organise the modalities of the return, of which it will inform the Purchaser by any useful means. SmartFridge supportera les frais de ce retour.
The Products must be returned to SmartFridge in their original packaging. They must be accompanied by a copy of the relevant purchase invoice.
Returns of Products that do not comply with the terms and conditions described above will not be accepted. SmartFridge will proceed to the necessary verifications and will propose to the Purchaser the replacement of the Product as far as possible. If the replacement of the Product is impossible, SmartFridge will reimburse the Buyer the full price paid for the Product as well as the corresponding delivery costs, by any useful means, as soon as possible and at the latest within 14 (fourteen) days following the date on which SmartFridge will have informed the Buyer of the impossibility of replacing the Product.
Article 12: Personal data
SmartFridge has a personal data protection policy, the characteristics of which are explained in the document entitled SmartFridge Privacy Policy , which the Buyer is expressly invited to read.
Article 13: Complaints
Any questions or complaints regarding the Products must be made within a maximum of forty-eight (48) hours after collection of the Products from the connected fridge, by e-mail to the address below. After this period, no questions or complaints can be taken into account.
Any questions or complaints from the Buyer must be sent by e-mail to the following address: customercare@smartfridge.be or to 175 rue Bara in 1070 Brussels – Belgium.
In case of emergency, the Buyer can contact SmartFridge by phone at the following number: +32 (0)2 560.21.98
Article 14: Responsibility
SmartFridge is responsible for any direct and foreseeable damage linked to the consumption of the Products, including the packaging, which would be defective at the time of the selection of the Products by the Purchaser. SmartFridge is committed to respecting the regulations applicable to foodstuffs and food labelling.
Notwithstanding the above, SmartFridge cannot be held responsible in case of force majeure. All facts or circumstances that are irresistible, unforeseeable, beyond the control of the Parties and that cannot be prevented by the latter, despite all reasonable efforts, shall be considered as force majeure. The following are considered to be cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of the Belgian courts and tribunals: the blocking of means of transport or supplies, confinement measures decided by the Authority, earthquakes, fires, storms, floods, lightning, stoppage of telecommunication networks, difficulties specific to telecommunication networks external to customers, as well as any legal or regulatory obligation or obligation of public order imposed by the competent authorities which would have the effect of substantially modifying the present general conditions.
SmartFridge’s liability is also excluded in the event of direct or indirect damage, affecting property or persons, suffered by the Purchaser or a third party, and resulting from the following cases:
- Negligence or fault committed by the Buyer or a third party ;
- Natural expiry date of the Products ;
- Any use under conditions that are clearly not in accordance with the use of the Products.
The Products, which have not undergone any treatment, must be kept in a dry and cool place, away from direct sunlight, and must be consumed by the Buyer within one hour of their removal from the connected Fridge. The storage conditions must be strictly observed by the Buyer. Otherwise, SmartFridge cannot be held responsible for the deterioration of the products. SmartFridge’s liability is expressly excluded for damages resulting from negligence, lack of maintenance, lack of supervision, inappropriate storage, intervention of a third party on the Products, etc.
SmartFridge cannot be held responsible in the event of a delay due to a stock shortage or in the event of minor differences between the photographs of the Products and/or the information on the presentation of the Product indicated on the SmartFridge Site, the Pre-order Site or on the Connected Fridge, or on the promotional offers and the Products offered for sale in the Connected Fridge.
The limitation of liability referred to above does not apply in the event of fraud or gross negligence on the part of SmartFridge.
Finally, SmartFridge does not provide the Buyer with any guarantee as to the suitability of the Products to his needs, expectations or constraints.
Article 15: Deregistration
The Buyer may terminate this contract by sending a request to this effect to SmartFridge by email on customercare@smartfridge.be or by deleting the SmartFridge application.
The effective termination of the contract shall take place within 7 (seven) days of this request and shall result in the automatic deletion of the Buyer’s Account.
Article 16 : Amendments
SmartFridge reserves the right to modify these general terms and conditions of sale at any time, on the condition that it publishes the new terms and conditions on its SMART FRIDGE Site or by e-mail at least fifteen (15) days before they come into force. In this case, the applicable conditions will be those in force at the date of the Buyer’s order.
Article 17: Integrity
These GTC constitute the entire agreement of the parties. They cancel and replace all previous contracts and agreements between the Parties having the same object.
The Parties agree that if any provision of the GTC is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Article 18: Language
In the event of a translation of these general terms and conditions into one or more languages, the language of interpretation shall be French in the event of a contradiction or dispute over the meaning of a term or provision.
Article 19: Applicable law – Dispute settlement
The Contract is subject to Belgian law. In the event of disputes relating to the formation, termination, performance and/or interpretation of the GTC, the Parties shall attempt in good faith to reach an amicable agreement to resolve the difficulty.
The Buyer may send his complaints by mail to SmartFridge, mentioning the difficulties and or shortcomings observed at the following address: customercare@smartfridge.be or at 175 rue Bara in 1070 Brussels – Belgium.