Previous Version: 04-09-2024 (link) Last date of revision : 29-12-2025
1.1 This Privacy Notice applies to the Clarebout Group, consisting of the following legal entities:
Clarebout Group (“we” or “the company”) is one of the worlds largest private label players for deepfrozen fries.
1.2 All these legal entities are separate and independent legal entities. Depending on the processing activity under which your personal data are processed, they may qualify as an individual data controller or as a joint controller together with one or more other legal entities of the company. None of the legal entities is liable for the actions or omissions of the other legal entities of the company.
1.3 We make every effort to protect the personal data entrusted to us and to process them in a correct and transparent manner, in particular in accordance with the applicable law, especially the General Data Protection Regulation 2016/679 of 27 April 2016 (‘GDPR’) and the Belgian and French legislation regarding data protection.
1.4 Pursuant to an intra-group agreement, Clarebout Potatoes acts as the lead data controller, determining the purposes and means of cross-border processing activities for all personal data processed in the context of the Clarebout Group’s activities. Please follow the links below for more information on how we handle your personal data:
What is covered by this Privacy Notice?
For what purposes do we process personal data?
On what legal grounds do we process your personal data?
What rights do you have?
How do we obtain personal data?
What personal data do we collect?
To whom may we disclose your personal data?
Which cookies do we use and how can you manage them?
Are your personal data protected?
How long are your personal data retained?
Are your personal data used for automatic decision-making?
How to contact us?
Changes to this Privacy Notice
2.1 Through this Privacy Notice, we aim to inform you about how and why we process your personal data as a data controller when we carry out our business activities or when you use the Sites and the forms and applications offered on them, to whom we disclose this information, what your rights are, and who you can contact for further information.
This website is intended for the following legal entities: CLF Trans, B.C. Mylle, GTS nv, Agromyl, CL Warneton,CL Durnkerque, Mydibel, Mydibel Fresh and Gramybel.
This Privacy Notice does not apply to other webpages of the Clarebout Group that begin with URLs other than those listed above. In particular, this Privacy Notice does not apply to webpages that allow you to apply for job openings at the Clarebout Group and that begin with the following URL: https://jobs.clarebout.com. These webpages are subject to a separate Privacy Notice specifically for job applicants.
2.3 The Sites may contain links to other sites. Whilst we try to foresee links only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices of other websites. This Privacy Notice only applies to data collected by us.When you visit our pages on the following social media channels, whether or not via the shortcut on our Sites, cookies may be processed by these social media platforms:
Based on this, we may receive anonymized statistical insights about the audience visiting our Facebook, Instagram, and LinkedIn pages. For more information on why and how personal data are processed in this context, we refer to the privacy and cookie policies of the respective social media platforms:
When visiting these Sites, we strongly recommend that you first review the privacy and cookie policies on the respective websites before disclosing any personal data.
2.4 For mailings, we use the management software system [name] ([website]).
2.5 On the website www.clarebout.com, a portal is available for cultivators (https://portal.clarebout.com/nl/login or https://portal.clarebout.com/fr/login), who supply raw materials (potatoes) to the Clarebout Group. The portal is intended to provide cultivators with insights into the results of the delivered potatoes (quality), the quantity of potatoes to be delivered and already delivered, and the status of contract levels.
3.1 I AM A WEBSITE VISITOR
3.1.1 We only process your personal data for legitimate business reasons. These purposes include, but are not limited to:
3.2 I AM A NEIGHBOUR
3.2.1 We only process your personal data for legitimate business reasons. These purposes include, but are not limited to:
3.3 I AM A CULTIVATOR
3.3.1 We only process your personal data for legitimate business reasons. These purposes include, but are not limited to:
3.4 I AM A (CONTACT PERSON OF) A CUSTOMER, SUPPLIER OR ANY OTHER INDIVIDUAL WHOSE PERSONAL DATA ARE PROCESSED (E.G. A VISITOR, A BUSINESS CONTACT OR A CONSUMER)
3.4.1 We only process your personal data for legitimate business reasons. These purposes include, but are not limited to:
4.1 I AM A WEBSITE VISITOR
4.1.1 When you contact us via the general contact addresses or through one of the online contact forms, your personal data will in principle be processed for the purposes of our legitimate interests (namely, the interest to handle your enquiries, requests and complaints in the best possible way).In this respect, we will always determine on a case-by-case basis whether our interests are not overridden by your interests, fundamental rights and freedoms. If you would like more information about this, you can always contact us.
4.1.2 For sending electronic direct marketing, we will always request your explicit consent, unless we have obtained your email address in the context of the sale of related products or services and you have not objected to such use of your data. You can unsubscribe at any time by clicking ‘Unsubscribe’ at the bottom of the direct marketing message.
4.1.3 For the placement of non-strictly necessary cookies, we will always request your explicit consent. You can find more information about our use of cookies in section 9.
4.2 I AM A NEIGHBOUR
4.2.1 When you contact us via the specific contact addresses or via the specific telephone number, your personal data will in principle be processed for the purposes of our legitimate interests (namely, the interest to handle your enquiries, complaints and notifications in the best possible way and to inform you about news regarding the Clarebout Group that may be useful or of interest to your community, including notifications about maintenance works, open-door days for local residents, explanations about incidents, etc.).In this respect, we will always determine on a case-by-case basis whether our interests are not overridden by your interests, fundamental rights and freedoms. If you would like more information about this, you can always contact us.
4.2.2 For subscribing to our ‘News Alert’, we will always request your explicit consent. This consent can be withdrawn at any time. You can unsubscribe at any time by clicking ‘Unsubscribe’ at the bottom of the direct marketing message.
4.3 I AM A CULTIVATOR
We process your personal data for the purposes mentioned above:
4.4 I AM A (CONTACT PERSON OF) A CUSTOMER, SUPPLIER OR ANY OTHER INDIVIDUAL WHOSE PERSONAL DATA ARE PROCESSED (E.G. A VISITOR, A BUSINESS CONTACT OR A CONSUMER)
4.4.1 We process your personal data for the purposes mentioned above:
If we are legally required to obtain your free, informed, specific and unambiguous consent to process your personal data for certain purposes (e.g. very specific direct marketing or market research activities), we will only process your data for such purposes to the extent that we have obtained such consent from you. For sending direct marketing, we will always request your explicit consent, unless we have obtained your email address in the context of the sale of related products or services and you have not objected to such use of your data. You can unsubscribe at any time by clicking the unsubscribe button in the direct marketing message.
5.1 You have several rights concerning the personal data we process about you. In particular, you have the right to:
5.2 You also have the right to object at any time to the processing of personal data for direct marketing purposes by contacting us (see below) or by clicking the unsubscribe link in any direct marketing communication we send. In such case, your personal data will no longer be processed for direct marketing purposes.
5.3 In order to exercise any of the above rights, you can:
You may also use these contact details if you wish to make a complaint regarding the processing of personal data.
5.4 If you are unsatisfied with the way we have handled your personal data, you have the right to lodge a complaint with the supervisory authority of the Member State where you usually reside.
For Belgium this is:
GegevensbeschermingsautoriteitDrukpersstraat 35 1000 Brussels +32 (0)2 274 48 00 +32 (0)2 274 48 35 contact(at)adp-gba.be
For France, this is: Commission Nationale de l’Informatique et des Libertés (CNIL) 3 Place de Fontenoy TSA 8071575334 PARIS CEDEX 07 +33 1 53 73 22 22
6.1 I AM A WEBSITE VISITOR
6.1.1 We may obtain your personal data when you use the Sites and the applications offered thereon (e.g. the online contact form). We may also obtain your personal data when you contact us via the contact details listed on the Sites.
6.2 I AM A NEIGHBOUR
6.2.1 We may also obtain your personal data when you:
6.3 I AM A CULTIVATOR
6.3.1 We may obtain your personal data in the context of the execution of our business activities.
6.3.2 We may obtain such personal data because you provide them to us (for example, by contacting us, etc.), because others provide them to us (for example, third-party service providers we use in the context of our activities or your employer), or because they are publicly available. We may also obtain your personal data through the way you interact with us.
6.3.3 When we obtain your personal data from other parties, we make reasonable efforts to enter into contractual clauses with these parties obliging them to respect the relevant data protection legislation. This may include requiring the party to provide you with all necessary information or – if necessary – to obtain your consent to process the personal data as described in this Privacy Notice.
6.4 I AM A (CONTACT PERSON OF) A CUSTOMER, SUPPLIER OR ANY OTHER INDIVIDUAL WHOSE PERSONAL DATA ARE PROCESSED (E.G. A VISITOR, A BUSINESS CONTACT OR A CONSUMER)
6.4.1 We may obtain your personal data in the context of the execution of our business activities.
6.4.2 We may obtain such personal data because you provide them to us (for example, by contacting us, etc.), because others provide them to us (for example, third-party service providers we use in the context of our activities or your employer), or because they are publicly available. We may also obtain your personal data through the way you interact with.
6.4.3 When we obtain your personal data from other parties, we make reasonable efforts to enter into contractual clauses with these parties obliging them to respect the relevant data protection legislation. This may include requiring the party to provide you with all necessary information or – if necessary – to obtain your consent to process the personal data as described in this Privacy Notice.
7.1 I AM A WEBSITE VISITOR
7.1.1 We may collect all personal data that you provide to us yourself when you contact us via the contact details listed on the Site or when you use the Sites or the applications on the Sites. You can find more information about our use of cookies in section 9.
7.1.2 Through the contact form (https://www.clarebout.com/en/contact1), the following personal data are collected: first name, last name, telephone number, email address, subject, and your enquiry.
7.2 I AM A NEIGHBOUR
7.2.1 We may collect all personal data that you provide to us yourself when you contact us via the contact details listed on the Site.
7.2.2 Through the registration module for the News Alert, the following personal data are collected: your email address, your municipality (8950 Nieuwkerke, 7782 Ploegsteert, 7780 Comines-Warneton, 59890 Deulemonde, 7784 Neerwaasten, 7080 Frameries, 7033 Cuesmes, 7040 Genly, 7040 Aulnois, 7012 Jemappes, 7340 Pâturages, 7022 Hyon, 7024 Ciply, 7780 Komen-Waasten, 59560 Warneton France) and your language (NL / FR).
7.3 I AM A CULTIVATOR
7.3.1 We may collect all personal data that you provide to us yourself in the context of our contractual relationship.
7.3.2 The personal data we collect may include:
7.4 I AM A (CONTACT PERSON OF) A CUSTOMER, SUPPLIER OR ANY OTHER INDIVIDUAL WHOSE PERSONAL DATA ARE PROCESSED (E.G. A VISITOR, A BUSINESS CONTACT OR A CONSUMER)
7.4.1 The personal data we collect may include:
8.1. . I AM A WEBSITE VISITORORI AM A CULTIVATORORI AM A (CONTACT PERSON OF) A CUSTOMER, SUPPLIER OR ANY OTHER INDIVIDUAL WHOSE PERSONAL DATA ARE PROCESSED (E.G. A VISITOR, A BUSINESS CONTACT OR A CONSUMER)
8.1.1. We may disclose your personal data to affiliated companies or third parties who reasonably require access to such data for one or more of the purposes mentioned above. These third parties may include, among others:
The confidentiality of your personal data is ensured.With your explicit consent, we may disclose personal data to third parties (e.g. marketers and providers of analytical tools) for direct marketing purposes, including targeted advertising, and for analytical purposes.
8.1.2. We use certain suppliers located in countries outside the European Economic Area (EEA). In order to transfer your personal data in accordance with the applicable data protection principles, we have implemented safeguards in accordance with the GDPR.Below you will find a list of possible countries to which your personal data may be transferred and information about the appropriate safeguards taken to process your personal data in accordance with data protection principles:
8.2.8.23 and ph.2 I AM A NEIGHBOUR
8.2.1. We may disclose your personal data to affiliated companies or third parties who reasonably require access to such data for one or more of the purposes mentioned above. These third parties may include, among others external service providers engaged by the Company for various business services (e.g. accounting, providers of cloud applications). The confidentiality of your personal data is ensured.
8.2.2. Your personal data will not be transferred to parties located outside the EEA.
9.1 Our Sites use cookies. Cookies are small text files that are stored by your browser on your computer or mobile device when you visit a website. They can, for example, be used to provide you with a good browsing experience or to collect statistics in order to improve our Sites.
9.2 Cookies can be classified according to the following characteristics:
9.2.1 Whether they are ‘session cookies’ or ‘persistent cookies’:
9.2.2 Whether they are ‘first party cookies’ or ‘third party cookies’:
9.3 Specifically, we use the following cookies on our Sites:
9.4 When you visit the Site, you will be informed about the use of cookies via a cookie pop-up screen. Your explicit consent will be requested for the following types of cookies:
If you do not give consent for one or more of these cookies, those cookies will not be used.
9.5 You can withdraw or modify your consent for the use of non-essential cookies at any time. This can be done by clicking the ‘Cookie settings’ link at the bottom right of any webpage on the Sites. This will take you to the cookie preference menu. There, you can select ‘Adjust’ and then change your preferences per cookie category, save your settings, and close the banner. Alternatively, you can choose to accept or reject all non-essential cookies. You can also enable, disable, and/or delete cookies via your browser. Cookie settings are usually found in the ‘options’ or ‘settings’ menu of your browser. The following links may help you understand these settings better. You can also use the ‘Help’ function in your browser for more information:
Please note that disabling certain cookies may prevent you from using specific applications on the Sites, such as the restricted area for registered users.
10.1 We implement strict technical and organizational (security) measures to protect your personal data both online and offline from access by unauthorized persons, unlawful processing, misuse, damage, loss, and destruction.
10.2 These measures include, among others:
10.3 Although we use appropriate security measures as soon as we receive your personal data, the transmission of data via the internet (including by email) is never completely secure. We do our utmost to protect your personal data, but we can never fully guarantee the security of data sent to us or by us. We limit access to your personal data to those who reasonably need to come into contact with that information to perform their duties.
11.1 I AM A WEBSITE VISITOR
11.1.1 Your personal data will not be retained longer than necessary for the purposes described above.
11.1.2 As a general rule, personal data obtained via the Site are stored for a period of 5 years. Personal data processed for direct marketing purposes, such as for our newsletters, are in principle retained for a period of 5 years as from the last contact with our company. However, we may retain your personal data for a longer period for these purposes if you have become a customer in the meantime, namely for a period of 10 years from the delivery of the products or services, or from the last contact with our company if this would occur at a later date.
11.1.3 Depending on the specific situation, we may retain your personal data for longer periods. This will in particular be the case if any of the following periods is longer: (i) as long as necessary for the relevant activity or service; (ii) any retention period required by law; or (iii) the limitation period within which legal proceedings may be initiated.
11.2 I AM A NEIGHBOUR
11.2.1 Your personal data will not be retained longer than necessary for the purposes described above.
11.2.2 As a general rule, personal data obtained via the contact details on the Site are stored for a period of 5 years. Personal data processed in the context of our News Alerts are in principle retained for a period of 5 years from the last contact with our company.
11.3 I AM A CULTIVATOR
11.3.1 Your personal data will not be retained longer than necessary for the purposes described above.
11.3.2 As a general rule, personal data processed in the context of the supply of raw materials (potatoes) are retained for a period of 10 years after the end of the contractual relationship. Personal data processed in the context of our News Alerts are in principle retained for a period of 5 years from the last contact with our company.
11.3.3 Camera surveillance records are retained for one month unless an incident needs to be established. In such case, we will retain the records as long as necessary in the context of a possible claim or procedure.
11.3.4 Depending on the specific situation, we may retain your personal data for longer periods. This will in particular be the case if any of the following periods is longer: (i) as long as necessary for the relevant activity or service; (ii) any retention period that is required by law; or (iii) the limitation period within which legal proceedings may be initiated.
11.4 I AM (A CONTACT PERSON OF) A CUSTOMER, SUPPLIER OR ANY OTHER INDIVIDUAL WHOSE PERSONAL DATA ARE PROCESSED (E.G. A VISITOR, A BUSINESS CONTACT OR A CONSUMER)
11.4.1 As a general rule, personal data will be processed in the context of the use of our services for a period of 10 years from the end of the contractual relationship (including war
11.4.2 Personal data processed for direct marketing purposes, such as for our newsletters, are in principle retained for a period of 5 years as from the last contact with our company. However, we may retain your personal data for a longer period for these purposes if you have become a customer in the meantime, namely for a period of 10 years from the delivery of the products or services, or from the last contact with our company if this would occur at a later date.
11.4.3 Camera surveillance records are retained for one month unless an incident needs to be established. In such case, we will retain the records as long as necessary in the context of a possible claim or procedure.
11.4.4 Depending on the specific situation, we may retain your personal data for longer periods. This will in particular be the case if any of the following periods is longer: (i) as long as necessary for the relevant activity or service; (ii) any retention period that is required by law; or (iii) the limitation period within which legal proceedings may be initiated.
12.1 Automated decisions are decisions about individuals that are based solely on the automated processing of personal data and that produce legal effects that significantly affect the individuals involved As a rule, we do not use personal data for automated decision-making. We do not make any decisions about you that are solely based on the automated processing of personal data (including in the context of our recruitment procedure).
13.1 If you have any questions about this Privacy Notice and the Sites in general, you can contact us by:
14.1 We may modify or amend this Privacy Notice from time to time. To inform you when we last amended the Privacy Notice, we will update the revision date at the top of this page with each change. The amended Privacy Notice will then apply from that date. Please check this page regularly to stay informed of changes and additions. To the extent that we have your email address, we will also inform you electronically of any changes to this Privacy Notice.
These general terms and conditions (hereinafter “General Terms and Conditions”) apply to all Agreements (as defined below) concluded by CLAREBOUT POTATOES NV (with registered office at 8950 Heuvelland, Heirweg 26 and registered in the Crossroads Bank for Enterprises with company number 0432.63,717 (hereinafter “Culbout Potatoes”) and the Customer (as defined below).
1.1 In these Terms and Conditions, the following terms have the following meanings:
“Orders”: a (written) order from the Customer to deliver a Good;
“Goods” means all goods sold by Clarebout Potatoes, i.e. dispose of, to the Customer, including but not limited to potato products;
“Customer” means any natural or legal person to whom Clarebout sells Potatoes Goods;
“Offer”: a written offer from Clarebout Potatoes to deliver a Good;
“Agreement(s)”: (i) any written agreement concluded between, and signed by, Clarebout Potatoes and the Customer, including, but not limited to, agreements for the sale of Goods; (ii) any Contracts made by the Customer in accordance with Article 3 of these General Terms and Conditions during the period of validity of the Offer Accepted Offer; and (iii) any Order Accepted by Clarebout Potatoes;
“Force Majeure”: any circumstances beyond the reasonable control of Clarebout Potatoes or the Customer that make the performance of its obligations reasonably impossible, including but not limited to fire, explosions, power outages, seismic activity, strikes, delays or interruptions in the supply of ground and/or auxiliary substances, floods, special weather conditions, natural disasters, war, (cyber) terror, occupation measures and pandemic.
2.1 By concluding an Agreement with Clarebout Potatoes, the Customer declares that he has read and understands the General Terms and Conditions in their entirety, and the Customer irrevocably agrees to the content of the General Terms and Conditions and their application to all Agreements and legal relationships with Clarebout Potatoes.
2.2 Clarebout Potatoes reserves the right to change its General Terms and Conditions at all times, which amended version from ten (10) calendar days after notification to the Customer will be applicable to all subsequent agreements with Clarebout Potatoes.
2.3 The Customer can, in any case, always consult the general terms and conditions at https://www.clarebout.com/en/termsandconditions.
2.4 These Terms and Conditions, together with the content of the Agreement, govern the legal relationship between Clarebout Potatoes and the Customer.
2.5 The Customer is deemed to irrevocably waive his own (current and future) general terms and conditions and invoice terms and conditions, which will in no case form part of the Agreement and as a result of which Clarebout Potatoes will not be bound.
2.6 In the event of any conflict between the General Terms and Conditions, on the one hand, and an Agreement, Quotation or Order between Clarebout Potatoes and the Customer, on the other hand, the provisions of the Agreement, Quotation and/or Order shall prevail.
2.7 Deviations from these General Terms and Conditions are only possible with prior, express and written agreement between Clarebout Potatoes and the Customer.
3.1 The sending of price lists, price budgets, brochures, advertising messages, newsletters and/or any information on the Clarebout Potatoes website cannot be considered by the Customer as a binding offer by the Customer. The conditions stated in and more generally the content (including price indications and price budgets) of the aforementioned documents may be changed by Clarebout Potatoes at any time at its own discretion, without prior notice to the Customer.
3.2 Quotations are at all times revocable by Clarebout Potatoes up to the moment of Acceptance by the Customer. Unless expressly stated otherwise in the Offer and subject to previous withdrawal, Quotations are valid for seven (7) calendar days from the date of the quotation, after which they automatically expire.
3.3 Clarebout Potatoes is only bound after acceptance of the Offer in question by the Customer (hereinafter the “Acceptance”), without prejudice to what is determined below.
An Order will only bind Clarebout Potatoes after receipt by the Customer of a written confirmation by Clarebout Potatoes of the relevant Order (by letter or electronic) (hereinafter also the “Acceptance”), without prejudice to what is stipulated below.
The Acceptance of an Offer by a Customer or an Order by Clarebout Potatoes establishes the Agreement.
3.4 Nevertheless, Clarebout Potatoes reserves the right, even after the Acceptance, to adjust the prices (or acceptance thereof) in the Agreement, Quotation or Order (or Acceptance thereof) (i) if the price of the goods that Clarebout Potatoes buys from third parties would be increased or such goods would not be (temporarily) available; and/or (ii) in the event of an increase in wage costs, social security contributions, taxes, taxes, and the price of the goods. In addition, Clarebout Potatoes also reserves the right to correct material errors in the Agreement, Quotation, Order or Acceptance.
3.5 The prices that appear in the Offers and/or the Agreements only cover the Goods to be delivered therein by Clarebout Potatoes.
3.6 Unless explicitly stated otherwise, prices are always stated in Euro (€) expressed and excluding taxes, taxes and costs, of whatever nature, including any import duties and other costs associated with customs clearance, unless expressly stated otherwise.
3.7 In the event that, by way of derogation from Article 3.6, the declared price is expressed in a currency other than the Euro (€), any adverse exchange rate fluctuations against the euro after the Acceptance shall be borne by the Customer.
If the aforementioned exchange rate fluctuations have the effect that the exchange rate is less favourable than at the time of the acceptance, Clarebout Potatoes reserves the right to charge the difference in the relevant invoices at the time of the invoice.
4.1 Unless explicitly stated otherwise in the Agreement, all invoices of Clarebout Potatoes are payable by bank transfer to the account number stated on the invoice and stated at the latest on the invoice at the latest by the due date or, if no express due date is stated on the invoice, within a period of thirty (30) days after the invoice date. Any other form of payment (including, but not limited to, payment by cheques or bills of exchange) is not permitted.
4.2 The Customer is not entitled to suspend its payment obligation to Clarebout Potatoes, nor to set up for any amounts that Clarebout Potatoes would owe the Customer.
4.3 Protests against invoices of Clarebout Potatoes must be sent by registered letter to Clarebout Potatoes within eight (8) calendar days after the invoice date. After the aforementioned period of eight (8) calendar days, the Customer is no longer entitled to protest the invoice in question, and the Customer must pay the relevant invoice.
4.4 In the event of total or partial non-payment of the invoice on the due date by the Customer, the Customer shall owe the default interest as determined in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions on the date of becoming due and payable of the amount, and this from the day following the due date until full payment. If the period of non-payment is less than one (1) year, this interest is calculated pro rata temporis.
In addition, the Customer in the aforementioned case is due by operation of law and without prior notice of default a fixed compensation of ten (10) percent on the outstanding amount with a minimum of two hundred (200) EUR per invoice, even if a grace period was granted and this without prejudice to the right of Clarebout Potatoes to claim higher compensation.
4.5 Notwithstanding any previously permitted payment modalities, in the event of non-payment of one of the invoices of Clarebout Potatoes on the due date, all amounts owed to Clarebout Potatoes, including the non-due invoices, will be automatically and immediately due to the defaulting.
4.6 Without prejudice to the right of Clarebout Potatoes to compensation and interest as set out in Article 4.4, Clarebout Potatoes also reserves the right, in the event of partial non-payment by the Customer on the due date of the invoice, without prior notice of default, to cease all further deliveries of Goods with respect to this Customer until the full payment by the Customer to Clarebout Potatoes from all amounts due by the Customer.
4.7 The payment of any contractual advances that may be determined by the Customer will be due to Clarebout Potatoes in the event of (partial) non-payment by the Customer to compensate for the possible losses in case of resale.
5.1 The Goods that Clarebout Potatoes has delivered to the Customer remain the property of Clarebout Potatoes until the day of full payment of their price, including any interest and compensation, so that Clarebout Potatoes can claim their return, infalling infall during which case the risk of damage and loss is in principle transferred to the Customer at the time of delivery as stipulated in Article 7.4.
5.2 In the event that the Goods are processed, these processed goods will replace the Goods delivered. Similarly, in the event of continued sale of the Goods – whether processed or not – the right to the resulting selling price is also in place of the Goods.
6.1 In the event of cancellation of the Agreement by the Customer before the time provided for delivery of the Goods, the Customer shall owe Clarebout Potatoes a fixed fee of at least 30% of the invoice or quotation amount, without prejudice to the right of Clarebout Potatoes to prove a higher actual damage.
7.1 Unless otherwise stipulated, the delivery takes place at the location mentioned in the Agreement.
7.2 Unless expressly stated otherwise in the Agreement, all delivery periods communicated are indicative and concern an effort commitment for Clarebout Potatoes.
7.3 The possible payment of the contractual advance does not imply in any way a guarantee because of Clarebout Potatoes regarding the effective delivery times. The Customer acknowledges that the effective delivery of the Goods may be dependent on, and is influenced by, a multitude of internal (including the availability of the Goods, grouped deliveries,...) and external (including failed harvests,...) factors that are not always checked by Clarebout Potatoes.
7.4 The risk of loss, damage or destruction of Goods passes to the Customer at the moment that the Goods have been prepared by Clarebout Potatoes for collection, unless expressly agreed otherwise. The transport risk is allocated to the Customer as a whole.
7.5 The weight of the Goods to be supplied is determined at the time when the Goods were prepared by Clarebout Potatoes for collection. In accordance with article 7.4, the loss of Goods during transport is at the expense of the Customer. Consequently, regardless of the weight of the Goods on delivery, it is suspected that the correct weight of the Goods in accordance with the Agreement has been prepared for collection. Nevertheless, the Customer can provide the proof to the contrary.
8.1 The unconformity of the Goods, any, determined non-conformity of the Goods must be communicated in writing to Clarebout Potatoes in writing no later than eight (8) days after delivery, with a detailed indication of the non-conformity established.
If Clarebout Potatoes is not informed of the non-conformity of the Goods within the aforementioned period, the Customer is deemed to have accepted the Goods without reservation, and irrevocably any claim on that basis on that basis lapses on that part.
8.2 Complaints due to non-conformity do not suspend the payment obligation on the part of the Customer.
8.3 In the event of non-Compenet Goods, the Customer accepts that one or more of the following measures are sufficient to compensate any damage in full without additional compensation: (1) crediting the relevant (part-)invoices with regard to (the relevant part of) non-compliant Goods; and/or (2) the re-delivery of (the relevant part of) the non-inclusive Goods without additional costs.
9.1 Without prejudice to deviating mandatory legal provisions, Clarebout Potatoes is only liable for damage caused by the non-compliance with its own obligations, if and insofar as that damage is caused by its own intentional error or deceit.
9.2 In no event will Clarebout Potatoes be liable for indirect damage, including but not limited to lost profits, inability, bankruptcy, business interruption, labor incapacity, moral damage, loss of reputation, personnel costs, depreciation or damage to third parties and damage to third parties. Where appropriate, the Customer is obliged to indemnify Clarebout Potatoes in respect of all claims by third parties for compensation for damage, for which the liability of Clarebout Potatoes is excluded in these General Terms and Conditions.
9.3 Without prejudice to the previous provisions and limitations, the liability of Clarebout Potatoes is in any case limited to the amount of the last invoice paid by the Customer for the delivery of the Goods.
10.1 Clarebout Potatoes is in no way liable for damage caused by the non-exercise or late execution of the Agreements if this is reasonably impossible for Clarebout Potatoes as a result of force majeure.
10.2 In the event of Force Majeure, Clarebout Potatoes reserves the right to dissolve the relevant Agreement without any compensation being due.
11.1 Unless otherwise stipulated, the Agreement between Clarebout Potatoes and the Customer is always of a fixed duration.
