1. Udyamee Instabasket - General Terms and Conditions of use
Established in Zwanenlaan 30, Overijse, 3090 Belgium
Email address: [email protected]
Company number: 0547.688.130
VAT-number: BE 0547.688.130
- Underlying terms and conditions governs online sales via the website ("instabasket.eu, instabasket.be, instabasket.nl, instabasket.lu, instabasket.de and instabasket.fr”) between the UDYAMEE BVBA with its registered office in Zwanenlaan 30, Overijse, 3090 Belgium, registered in the KBO under the number 0547.688.130 (Hereinafter referred to as INSTABASKET) and the private customers.
- InstaBasket is an E-Commerce Web shop of Udyamee BVBA. InstaBasket has been launched to sell South Asian, Oriental, Surinam, African and European food and non-food products in BENELUX, Germany and.
- The online sales made through the Website are governed solely by the terms and conditions stated on this site. These are also available in pdf format for the customers to download from the website.
- Instabasket may be contacted as follows in the performance of this contract:
E-mail: [email protected]
Contact form on the Instabasket web shop
1.1 Applicability and Conditions
- Our terms and conditions are applicable to every offer from us as a web shop to you as Consumer both for B2B and B2C (every natural person who purchases our goods made available on the market).
- We deliver exclusively in Belgium, Netherlands, Luxembourg, Germany and. If you submit a delivery address outside of this country, we reserve the right to decline your order. In Netherlands Instabasket will not do delivery in the area which comes under island zone.
- To be able to place an order, you must above the age of 18. If you are younger than 18, we ask you to let a parent or legal guardian place your order. If it comes to our attention that an order is made by a minor, we reserve the right to decline your order.
- Placing an online order on the website constitutes a formal acceptance of our terms and conditions, which are always available through our website.
- This term and condition will be available Online for all the customers and will not be provided separately to individual customers. However, a pdf version will be also available to download. We would recommend that you should always download for your reference.
1.2 Instabasket offer and Customer order
- We explicitly state in our offer when the latter is only valid for a constrained period or is subjected to specific conditions. We reserve the right to change the sales and Return Policy at any time without notifying to the customer as these policies are depended on supplier, logistics partner and other vendors.
- Being an E-Commerce platform provider, we will be not held responsible for the product quality, taste, change in packing, colour, texture and other product related issue. However, after receiving any complain from the customer we will escalate with the Manufacturer/Importer/Wholesaler but will not responsible for the resolution of such complaints. However, we will offer product return in accordance with the rule mentioned in Clause 8.
- INSTABASKET is concerned about the freshness and expiry date of its products. It guarantees the quality and freshness of the products made up of food delivered to the consumer in accordance with the Quality Charter. However, the consumer undertakes to check at the time of delivery of the goods if the aforementioned period is respected; In the negative case, the product (s) will be replaced in so far as the consumer informs INSTABASKET at the time of delivery.
- Consumers will notify the compliance deficiencies and will return the defective products back to the INSTABASKET communicated instructions.
- Based on the market fluctuation and change in cost, we reserve the right to adjust prices, goods and special offers at our discretion.
- We carry the right to change temporarily or permanently the product categories by adding new products or stop selling any or all the products at any point of time, with or without any prior notice. We bear no liability for any such modification, suspension or discontinuance of any product or services. Any temporarily or permanently banned product by EU regulatory authority will not be sold by INSTABASKET.
- Images and description of the products on INSTABASKET are for the product identification purpose. There is a possibility that the actual product packaging might look slightly different due to change made by the manufacturer or constant update made by the product owner. We will try to keep the information up to date but INSTABASKET will not be held responsible for such change.
- Your order is complete and the contract between us is final once we confirm your order by mail and regarding your payment made by credit or debit cards, as soon as we receive approval from the issuer of your card. We accept the payment via Ingenico payment gateway. Which is worlds one of the most reliable payment platform. Should the issuer of your card refuse to agree on your payment to us, we cannot be held responsible for any delays in the delivery and/or non-delivery of your order. Orders without valid payment by name of the registered cardholder will not be accepted or processed.
- To purchase a product, you add it to your shopping basket. Afterwards you submit your contact details and billing data. Next the delivery in Belgium, Netherlands, Luxembourg and Germany will be done by DPD except the island zone. In the final step, you are led to an overview page, you accept our terms and conditions and you confirm your payment by pressing the ‘Buy Now’ button, with the caption “order with payment”. If you have completed these steps, your purchase becomes final.
- We keep the rights reserved to refuse to delivery an order due to any unforeseen situation. In that condition, we will reach out to the customer via email or phone to update with the situation.
- If it appears that the products returned by the customer were not defective, the alleged defects did not exist at the time of delivery of the products or that the defects caused by the customer were caused by normal wear and tear due to lack of maintenance or precaution or by use contrary to or inappropriate according to the instructions, then INSTABASKET will be allowed to propose customer to resume the defective goods at the expense of their own.
1.3 Right of withdrawal
- Orders can only be cancelled before the goods are dispatched to the customer, by notifying INSTABASKET in writing. Once the dispatch has been done the goods can be returned within 14 days from the day of delivery provided the product would have been not opened and must be returned in the original packing.
- Only the written communication will be considered for any change or cancellation of order before or after dispatch of goods. Online payment gateway transaction fee and logistics return cost will be at customer’s expense.
- Customer can return the boxes using their own preferred postal system.
- INSTABASKET can refuse repayment if we have not received the returned goods or until you have shown you have returned the goods, depending on which event occurs first.
- By way of exception, the consumer does not have the right to withdraw the purchase if the order concerns products that, due to their nature, cannot be returned or can spoil or expire quickly.
- INSTABASKET reserves the right to refuse the return of the products and / or the refund of the price if the products returned by the consumer are damaged. If the returned products are slightly affected, INSTABASKET will hold a portion of the price, resulting in the underestimation. Instabasket will neither return perishable short life fruit and vegetable nor do any type of refund.
1.4 Price & Payments
- The price of the ordered products is posted on the Website on the day of the order. Our prices include all taxes, VAT including the costs associated with the preparation of the order and all other levies. Hence, customer will never experience unpleasant surprises.
- The inclusive price of the product contains 6% or 21% VAT as applicable for different food and non-food items.
- The delivery costs are included for the order amount more than €49, for the order less than €49 will be paid by the customer as delivery cost.
- Payment operations are performed through the services of a INSTABASKET, Payment gateway partner INGENICO (European leader in Online payment business). The Customers are informed that, in no way, INSTABASKET is involved in payment transactions, which are solely under the control of INGENICO; INSTABASKET disclaims any responsibility in case of unavailability or failure of her partner's payment service.
- To guarantee safe online payment and the safety of customer personal data, the transaction data will only be wired while encrypted with SSL technology. In order to make payments with SSL no special software is required. Customer recognize a safe SSL-connection by the “lock” in the bottom status bar of your browser.
- We only accept advance payment through our website using the payment methods indicated on INSTABASKET. Payment are possible using KBC/CBC Payment button, ING Home Pay, Belfius Direct Net, Visa/Master Card, Bancontact, iDEAL and SOFORT.
1.5 Conformity and warranty
- We guarantee that our products are in accordance with your order and meet the normal expectations you may have considering the specifications of the product. We also guarantee that our goods are in accordance with any at the moment of your order applicable law.
1.6 Delivery and execution
- All goods and services are delivered to the address provided by customer when ordering.
- When a good is in stock it will be delivered to the delivery address within a period of 2 working days in Belgium, Netherlands, Luxembourg and 3 to 4 working days in Germany, France and Spain.
- If a good is not in web shop stock, it will be delivered at the delivery address within a period of 3 to 6 working days. We will inform you of the delivery period in your order confirmation.
- If we are not able to deliver on time, we will always notify you before the to the end of the delivery period. If we do not, you can cancel your order for free. In that case we will refund you within 30 days after dissolution of the agreement.
- The shipment of goods and gift vouchers is always at our risk. So, you do not have to worry about goods lost during transportation. If you, however, return goods to us within 14 days after delivery because you prefer not to keep them, you will be responsible for the transportation.
- Delivery will be only done in Belgium, Netherlands (excluding island), Luxembourg, France (excluding island), Germany and Spain (excluding island).
- We don't ship to any European Islands. Shipment to Belgium, Netherlands, Luxembourg and Germany is free for the order above €49.99. For the order below €49.99 customer will have to pay delivery cost of €5.00.
- Free shipping to the above mentioned 6 countries is a complementary offer offered to INSTABASKET customers. We may decline to offer free shipping at our discretion.
- We cannot be held responsible for any consequential damage suffered due to late delivery or non-delivery by the transporter assigned by the company. In such cases our liability remains limited to the value of the goods of which it is shown that they were not received by the customer.
1.7 Force majeure
- In case of force majeure, we are not obliged to fulfil our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or repudiate the agreement.
- Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include amongst others strikes, fire, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the web shop, National holiday during the week, late delivery or absence of delivery by logistics partner, suppliers or other third parties, …
1.8 Intellectual property
- Our website, logos, texts, photographs, names, and in general all our communications are protected by intellectual property rights either belonging to us or our suppliers or other claimants.
- It is forbidden to use and/or change any of the intellectual property rights as described in the present clause. So, you may not copy nor reproduce for example drawings, photographs names, texts, logos, colour combinations, etc. ...without our prior written and explicit consent.
- You may not use any meta tags or any other "hidden text" utilizing INSTABASKET or its affiliates' names or trademarks without the written consent of INSTABASKET.
- INSTABASKET Web Shop should not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial or non-commercial purpose.
1.9 Complaints procedure and conflicts
We do hope that all our customers are always 100% satisfied. Nevertheless, if you would have complaints concerning our services, please do not hesitate to contact us on the contact information mentioned below. We will do the utmost to deal with your complaint within 7 days.
E-mail: [email protected]
Contact form on the Instabasket web shop
- All contracts we conclude with our customers are, regardless of their place of residence, exclusively governed by Belgian law. Any dispute shall be resolved by the Belgium court. Only the courts of Belgium are competent to adjudicate with disputes arising out of or connected to these contracts. The interpretation of the current terms and conditions will in the first instance be done in accordance to the Belgian Law on Market Practices and Consumer Protection.
2. Udyamee Instabasket - GDPR Statement
The European Union (EU) General Data Protection Regulation (GDPR) becomes effective on the 25th of May 2018. GDPR is a new set of data privacy and protection laws that apply globally. Every organization (regardless of location) that offers goods and services to EU individuals and that controls and/or processes EU individuals’ personal data must comply with GDPR.
2.1 How is Udyamee - instabasket preparing for the GDPR?
As part of ongoing efforts, we have been, are and will continuously be:
- Auditing for personal information – documenting various sources of data across our platforms and evaluating related collection, storage, usage and retention standards.
- Running Privacy Impact Assessments – ensuring that personal data is processed transparently, securely, and purposefully with legitimate business interests.
- Addressing the EU Individual Rights listed in the GDPR, which may include updating and/or implementing instabasket terms and condition policies and procedures.
- Updating our Data Security and escalation policies where necessary to meet GDPR requirements.
- Revising our client on-boarding to ensure that GDPR privacy and data protection are integrated at an early stage.
3.1 What information do we collect?
When you use our Online Product Catalog to purchase our products, you will be asked to provide your first and last name, your personal and/or business address, your telephone number, your e-mail address, Date of Birth and your payment information. This information is used to allow us and our distributor to process and deliver your purchases and to communicate with you concerning your orders. We will retain your personal contact information. We may also collect information relating to your usage which enables us to improve the usefulness of our Site, the quality of our service, and Site performance by measuring and analyzing non-identifying usage and volume statistical information.
Information gathered may include, but is not limited to, the following: the activity of the Site visitor’s browser when the visitor is viewing the Site; the site path of visitors; the time visitors come to the Site; and technical data about your browser, your internet IP address and operating system. Udyamee - Instabasket reserves the right to publish anonymous, aggregate summary information regarding its Site visitors for promotional purposes and as a representative audience for advertisers. Please note that this is not personal information, only general summaries of our visitors’ usage of the Site.
3.2 What Are Cookies?
Cookies are files that web servers place on an Internet user’s computer that are designed to store basic information (such as visitor preferences). These allow visitors to the Site to enjoy more seamless visits (for example by remembering your preferences) and more accurately measures visitor behavior on the Site. There are two types of cookies: session and persistent. Session cookies exist only during an Internet user’s online session. They disappear from the user’s computer when he/she closes the browser software. Persistent cookies remain on the user’s computer after the browser has been closed. The cookies used on the Site do not identify you personally. They merely recognize your browser, unless you choose to identify yourself voluntarily. You may choose to identify yourself for any one of the following reasons: by asking the browser to remember your username and password, by responding to a promotional offer, or by personalizing a web page or requesting more information on a product or service. Otherwise you remain anonymous. Users who disable their Web browsers’ ability to accept cookies will still be able to browse the Site; however, they may lose some of the functionality provided using cookies. Visitors can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you are using a public computer or do not otherwise want this information to be stored, you can select the appropriate button on the sign-in page, and this cookie will not be used. For further information about disabling cookies, you can visit http://www.allaboutcookies.org. If you choose to decline cookies, you may not be able to sign in or use other interactive features of the Site and services that depend on cookies.
3.3 What are Clear GIFs?
Clear GIFs (also known as web beacons) are used in combination with cookies to help Site operators understand how visitors interact with their web sites. A clear GIF is typically a transparent graphic image (usually 1-pixel x 1 pixel) that is placed on a site. The use of a clear GIF allows the Site to measure the actions of the visitor opening the page that contains the clear GIF. We utilize clear GIFs to measure visitor behavior, to help us improve visitor experience and to manage site content. We may use clear GIFs on this Site, in our emails, in our advertisements on other web sites, or in our advertisements in others’ emails.
3.4 How do we use the information we collect?
We work with third party provider for technical and organizational security measures always to protect the information we collect from you. We use multiple electronic, procedural, and physical security measures to protect against unauthorized or unlawful use or alteration of information, and against any accidental loss, destruction, or damage to information. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security.
Data Security: - When you submit your personal information, it is transmitted over a secure connection between your computer and our server using Secure Socket Layer (SSL) encryption. Your information is also encrypted when it is submitted to our third-party distribution center. Only those people who are responsible for processing your orders have access to your personal information. Please refer to our SSL certification from Digital Signature Trust Co. a leading SSL provider.
Online Payment Security and Fraud Detection: - All online payment is processed, and fraud detection is conducted by our Payment gateway partner INGENICO (European leader in Online payment business). As a global company operating in countries as diverse as the Nordics, US, Australia, UK, Russia and the EU.
3.6 Third party sites
3.7 Changes and Updates
3.8 Opt-Out Policy
Udyamee - Instabasket will not use or share the information provided to us through the Site in ways unrelated to those described above without providing you with notice and an opportunity to opt-out of such unrelated uses. Udyamee - Instabasket offers its Site visitors a means for controlling the use of session information. If, at any time after registering for information, you change your mind about receiving information from us or about the use of information volunteered by you, or if you no longer wish to receive emails or other messages from us, please send a request specifying your new choice to [email protected]
3.9 Contact Us