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Terms and conditions
Version 1 October 2026
1. Identity
These terms and conditions apply to all deliveries and services of Sakina Trading BV ("we", "us"), Kielsbroek 4 bus 29, 2020 Antwerpen, CBE 0807.263.197, VAT BE 0807.263.197, Register of Legal Entities Antwerp, Antwerp division, e-mail info@sakinatrading.be, telephone +32 487 64 77 11.
These terms and conditions also apply to orders placed via our webshop at sakina-webstore.monadem.io. Sakina Trading BV is the seller and the sole contracting party for every order; the platform on which the webshop runs is merely a technical service provider and is not a party to the agreement.
2. Application
These terms and conditions apply to every quotation, order, delivery and agreement between us and the customer, unless otherwise agreed in writing. They are communicated when the customer account is applied for and are permanently available on our website and in the webshop. They are deemed to have been accepted when the customer expressly accepts them upon applying for an account, or when, after having received them, he places an order without protesting within a reasonable period. Deviating or additional terms and conditions of the customer do not apply, except after our written acceptance.
3. Business customers
We supply exclusively to professional buyers: retail businesses, night shops, bakeries, hospitality businesses and other undertakings that purchase the goods in the course of their professional activity. A customer account requires a valid company number and VAT number.
- We are free to refuse an application for an account.
- An existing customer account may be terminated by either party subject to a reasonable notice period, communicated by e-mail or by registered letter.
- We may terminate the account immediately and without notice period in the event of non-payment of overdue invoices after notice of default, in the event of bankruptcy or judicial reorganisation, where incorrect company or VAT details are provided, in the event of abuse or resale to private individuals, or in the event of a serious breach of these terms and conditions.
- Current, confirmed orders will still be carried out, except in the event of non-payment.
4. Customer account
The customer keeps the details of his account up to date and treats his access credentials as confidential. Orders placed via the customer's account are deemed to have been placed by him. If abuse is suspected, the customer notifies us immediately.
5. Orders
Orders may be placed via our webshop, by telephone or by e-mail. An order only binds us after our confirmation or after actual delivery.
- We confirm or refuse an order at the latest on the first working day following receipt, or at the latest before the order cut-off time applicable to the customer's delivery day. If no confirmation follows within that period, the customer is no longer bound by his order.
- We may refuse or limit an order where an item is not available or insufficiently available; in that case we inform the customer and the part not delivered is not charged.
- Our webshop is offered via an external platform. We aim for a correct display of the offering, prices and stock and for permanent availability, but cannot guarantee this; if the platform is unavailable, the customer can order by telephone or e-mail.
6. Cancellation or amendment by the customer
A confirmed order may only be cancelled or amended by e-mail or by telephone, and only before the order cut-off time that applies to the customer's delivery day and that is communicated with the order. After that, the order can no longer be cancelled free of charge. Items ordered specially for the customer and items that were prepared at his request in different quantities or composition can no longer be cancelled after confirmation. In the event of a late cancellation, the costs already incurred may be charged; for perishable goods already made ready, their value may be charged.
7. Prices and quotations
The prices that apply to the customer at the time of the order, as visible in his customer account in the webshop or as communicated in the price list provided to him, are applicable. All prices are expressed in euros and exclusive of VAT, unless expressly stated otherwise.
- Our prices may be adjusted where our purchase, raw material, packaging, energy, wage or transport costs change, or where levies imposed by the authorities change. A price change is communicated in advance via the customer account or by e-mail, applies only to orders placed after that communication, and never applies to orders already confirmed. The customer is not obliged to continue ordering at the changed price.
- Manifest material errors in price, unit, quantity or description do not bind us. We inform the customer of these as soon as possible and the customer may in that case cancel the order concerned free of charge.
- The period of validity of a quotation is stated in the quotation itself. A quotation only binds us after our confirmation of the order as set out in article 5, and subject to availability.
8. Delivery and collection
The customer may collect his order at our warehouse at Kielsbroek 4 bus 29 in Antwerpen, or have it delivered.
- The delivery day, any minimum order value and the delivery cost depend on the customer's region. These are communicated when the customer account is created and can be consulted when ordering.
- Delivery and collection times that are communicated are indicative. A delay does not give rise to any right to compensation, except in the event of intent or gross negligence on our part or where a fixed period has been expressly agreed in writing. If delivery still fails to take place after a written notice of default granting a reasonable additional period, the customer may cancel the order concerned or the part not delivered free of charge; amounts already paid for goods not delivered are refunded.
- The customer ensures that the goods can be received at the agreed time at an easily accessible place. If delivery cannot take place for a reason attributable to the customer, the costs of the wasted journey and of storing or destroying perishable goods may be charged.
- The risk in the goods passes to the customer upon delivery or collection. If the goods are offered for delivery at the agreed time but cannot be received for a reason attributable to the customer, the risk passes at the time of that offer and the goods may be charged, in addition to the costs referred to in the previous bullet point.
9. Inspection on receipt and complaints
The customer inspects the goods on receipt as to quantity, type, packaging, temperature and best-before date.
- Visible defects, temperature deviations, missing or incorrect items are reported immediately on receipt and noted on the delivery note or the collection note.
- For chilled and deep-frozen products, a visible defect is in any event reported within 24 hours of delivery or collection, stating the batch number and, where possible, with photographs. If that period expires on a Saturday, Sunday, public holiday or closing day, the complaint is reported at the latest in the morning of the first following working day, provided that the goods have been stored correctly in the meantime. This short period is prompted by the fact that the storage conditions at the customer's premises can no longer be objectively established afterwards.
- Hidden defects are reported within a reasonable period and at the latest 10 working days after their discovery. For products with a best-before date, this can in any event no longer be done after that date has passed. For products without a best-before date, any complaint regarding hidden defects lapses at the latest two months after delivery or collection, save for mandatory statutory provisions.
- Either party may furnish evidence by all means of law, including temperature records, batch numbers, photographs and findings by a third party.
- In the absence of timely notification, the goods are presumed to have been accepted as conforming, subject to evidence to the contrary.
- A complaint does not suspend payment of the undisputed part of the invoice. For the disputed part, the customer may suspend payment in proportion to the defect until the complaint has been dealt with.
- If a complaint is well founded, our obligation is limited, at our option, to replacement of the goods concerned or crediting of their invoiced value. All of this is without prejudice to article 18 and without prejudice to the mandatory statutory provisions, in particular those on food safety and liability for defective products.
These periods are without prejudice to the mandatory statutory provisions on food safety and product liability.
10. Returns
Goods are only taken back with our prior agreement. Not returnable are: chilled, deep-frozen and perishable products, products whose packaging has been opened or damaged, products ordered specially for the customer, and products whose best-before date is compromised through the customer's actions. Other goods may be taken back in their original, unopened packaging and in saleable condition.
11. Shelf life and cold chain
We deliver the goods with a remaining shelf life that is customary for the product concerned; the minimum remaining shelf life applicable to a product is communicated with the order or with the customer account. We take the necessary measures to maintain the cold chain up to the time of delivery or collection. From that time onwards, the customer is responsible for correct storage: deep-frozen products are placed in the freezer immediately upon receipt, chilled products are chilled immediately. We are not liable for damage resulting from an interruption of the cold chain after the transfer, nor from incorrect storage or processing at the customer's premises. In the event of collection, the customer provides suitable transport himself. Goods that are expressly offered and accepted as a promotion or clearance sale with a limited remaining shelf life cannot for that reason be the subject of a complaint.
12. Product information, allergens and labelling
The information on composition, allergens, origin and shelf life comes from the producer or the importer. Product descriptions, photographs and information in the webshop are indicative; the information on the packaging and on the label of the batch delivered always prevails. The customer reads that information on receipt and uses it as the basis for his own obligations towards his buyers and consumers, including the allergen statement. The customer may not remove, alter or render illegible the labels, batch numbers and best-before dates. If the customer repackages or processes the goods, he is himself responsible for the labelling and the allergen communication of the end product.
13. Traceability, recall and food safety
The customer keeps the delivery notes, invoices and batch numbers for the period required by law, so that the origin of each batch can be demonstrated, and can inform us on first request to whom he has resold the batches concerned.
- Where we or a producer proceed to a withdrawal or a recall, the customer immediately stops the sale or processing of the batches concerned, sets aside the remaining stock, informs us within the period communicated by us of the quantities he still has in stock, and gives his full cooperation. The customer himself notifies his own buyers where legislation requires this.
- The customer informs us immediately of any suspicion of a food safety problem with a product delivered by us, stating the batch number, as well as of any complaint, finding or measure of the FAVV relating to the goods delivered by us, and where necessary notifies the FAVV himself.
- On simple request we communicate, within a reasonable period, the identity of the producer or the importer of the product concerned.
- The costs of a recall are borne by the party at whose end the cause of the defect lies.
This article is without prejudice to the mandatory provisions of Regulation (EC) No 178/2002 and of food safety legislation.
14. Packaging, crates and pallets
If we provide reusable packaging with the goods, such as crates, boxes or pallets, it remains our property and is lent to the customer. The customer keeps it in good condition and returns it at a subsequent delivery or collection. Any deposit or compensation for packaging that is not returned or is damaged is communicated in advance and stated on the invoice.
15. Payment
Invoices are payable within 14 days of the invoice date, unless otherwise agreed in writing. New customers may be asked to pay cash or in advance.
- In the event of late payment, late-payment interest, the statutory fixed compensation for recovery costs and the reasonable additional recovery costs are due by operation of law and without notice of default, in accordance with the statutory rules on late payment in commercial transactions.
- If an overdue invoice remains unpaid after we have given the customer written notice of default and the reasonable period granted therein has expired, we may suspend further deliveries or carry them out only against cash payment or payment in advance, until the overdue invoices have been paid. Invoices that have been disputed in good time and with reasons are left out of consideration for the application of this provision. We inform the customer of the suspension in advance.
- A dispute concerning the invoice itself — amounts, quantities, rates or the name in which it is made out — is made in writing and with reasons within 14 days of receipt of the invoice. In the absence of a timely dispute, the invoice is presumed to have been accepted, subject to evidence to the contrary. This period is without prejudice to the complaint periods regarding the goods in article 9: a complaint that is timely under that article gives rise to replacement or crediting, even where the invoice has fallen due in the meantime.
- If confidence in the customer's creditworthiness is affected, inter alia by persistent default in payment, judicial reorganisation, attachment or cessation of the activity, we may request appropriate securities or cash payment for current and future orders. If the customer does not comply, we may cancel the orders concerned or dissolve the agreement, without prejudice to our right to compensation.
16. Retention of title
The goods delivered remain our property until full payment of the principal sum, costs and any interest. This retention of title is deemed to have been agreed in writing at the latest at the time of delivery, in that these terms and conditions were communicated to the customer before delivery and accepted by him, and in that the retention of title is also stated on every order confirmation, delivery note and invoice.
- As long as payment has not been made in full, the customer may not pledge the goods or use them as security for a third party. He keeps them in good condition, identifiable and, in so far as reasonably possible, separated, insures them against the usual risks and informs us immediately of any attachment or any claim by a third party.
- The customer may resell the goods in the ordinary course of his business; in that case he assigns to us his claim against his buyer up to the amount outstanding. We may notify the customer's buyer of that assignment.
- If the goods are processed, mixed or incorporated, our retention of title extends to the claim that the customer obtains from the sale or the processing and to the compensation that replaces it, in each case up to the amount outstanding.
- In the event of non-payment after notice of default, we may reclaim the goods that are still present and unpaid and collect them at the customer's expense; the customer grants us access to the place where the goods are located for that purpose. The taking back is without prejudice to our right to compensation for the damage suffered.
The risk nevertheless passes upon delivery or collection, as set out in article 8.
17. Force majeure
We are not liable for the non-performance of our obligations due to force majeure, that is to say an event beyond our reasonable control that cannot be attributed to us, including interruptions at suppliers or producers, transport disruptions, fire, strike, epidemics, extreme weather conditions, government measures, failures in public utilities and failures or unavailability of the internet, hosting or the external webshop platform used by us. A failure of our own installations only counts as force majeure where it is not the result of a lack of maintenance or of a fault on our part.
In the event of force majeure, performance is suspended for as long as the force majeure lasts; we inform the customer as soon as possible. If the force majeure lasts longer than thirty days, either party may terminate the order or agreement concerned free of charge. Amounts already paid for goods not delivered are refunded.
18. Liability
Our liability is limited to direct damage and to the higher of the following amounts: the amount actually paid out in the case concerned by our business civil liability and after-delivery liability insurance, in so far as we are insured for the loss event concerned, or the invoiced amount of the deliveries to the customer in the three months before the loss event. We are not liable for indirect damage such as loss of turnover, profit or clientele or lost savings. These limitations do not apply in the event of intent or gross negligence on our part or on the part of our appointees, in the event of non-performance of the essential obligations of the agreement, in the event of physical injury, nor where the law regulates liability on a mandatory basis, in particular the statutory rules on liability for defective products.
19. Right of withdrawal
We sell exclusively to undertakings. The statutory right of withdrawal for consumers in distance contracts therefore does not apply to our sales. Should a contract exceptionally nevertheless be concluded with a consumer, the mandatory provisions of Book VI of the Code of Economic Law apply in respect of that consumer and these terms and conditions give way to them. Also in that case, no right of withdrawal applies to perishable foodstuffs, to products that may spoil or expire quickly, and not to sealed products which are not suitable for return for reasons of health protection or hygiene and whose seal has been broken.
20. Personal data
We process personal data as described in our privacy statement.
21. Final provisions
- If a provision of these terms and conditions is wholly or partly null and void, invalid or unenforceable, the remaining provisions continue to apply in full. The provision concerned is replaced by a valid provision that comes as close as possible to the original intention of the parties and the intended purpose.
- The fact that we do not exercise a right under these terms and conditions, or do not exercise it immediately, does not constitute a waiver of that right.
- We may amend these terms and conditions. The version that is on our website at the time of the order applies to that order; we inform existing customers of an amendment in advance.
- The customer may not transfer his rights and obligations under the agreement without our prior written consent, inter alia upon transfer or takeover of his business. We may, however, transfer the agreement to an undertaking affiliated with us or in the context of a transfer of our activity.
- These terms and conditions are also made available in French and English. Those versions are translations for information purposes; in the event of any difference in content or interpretation, the Dutch version prevails. Contractual communication takes place in Dutch, French or English, at the customer's choice when creating his account.
22. Applicable law and competent court
Belgian law applies to all agreements. The Vienna Sales Convention is excluded. All disputes fall within the exclusive jurisdiction of the courts of the judicial district of Antwerp, Antwerp division, namely the Companies Court of Antwerp, Antwerp division, and, as the case may be, the Court of First Instance of Antwerp, Antwerp division, or the Justice of the Peace of the canton in which our registered office is located. We reserve the right to summon the customer before the court of his registered office.
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