GENERAL TERMS AND CONDITIONS OF SALE (GTCS) – REFRESH XL CATERING SERVICE

Version effective as of 12/09/2025. Any order placed from this date onwards is subject to these Terms and Conditions.

🔹PART 1 – SCOPE AND ACCEPTANCE OF THE GTCS

1.1. Purpose
These General Terms and Conditions of Sale (“GTCS”) set out the terms and conditions for the provision of catering services offered by Refresh XL (hereinafter referred to as “the Service Provider”).

1.2. Nature of services
Services include, but are not limited to:

• the provision of meals,
• coffee/tea breaks,
• takeaway orders,
• meal delivery,
• tableware and water for catering within the Mundo Matongé building,
• and any additional optional services offered.

1.3. Scope
These GTCS apply to all orders placed by a client (hereinafter referred to as “the Client”), whether for an event, a professional meeting, or any other occasion.

1.4. Acceptance of the Terms
Placing an order implies full and unconditional acceptance of these GTCS.
No special conditions shall prevail over these GTCS, except where expressly agreed in writing by the Service Provider.

1.5. Contractual precedence
These GTCS take precedence over any prior communications, verbal agreements, or documents issued by the Client, unless a formal and written waiver is expressly accepted by the Service Provider.

🔹PART 2 – ORDERS

2.1. Placing orders
Orders and quotation requests are placed exclusively via the Service Provider’s online form.
The form allows the Client to choose:

• to place a firm and final order, or
• to request a quotation issued for information purposes.

2.2. Order deadlines
To ensure availability and proper execution, Clients are encouraged to place orders as early as possible.
Late orders may be refused due to production or availability constraints.

2.3. Minimum order quantities
Lunch, breakfast, coffee breaks, and appetizers are available starting from a minimum of eight (8) units per selected option.
Other products or services may be ordered without a minimum quantity, unless otherwise specified in the form or quotation.
Any exceptions are at the sole discretion of the Service Provider.

2.4. Order confirmation
Any order placed through the form is considered firm and final upon receipt.
Quotations requested via the form are valid for seven (7) business days and are automatically void thereafter.
Acceptance of a quotation must be communicated by email only. Such acceptance is equivalent to a purchase order and renders the order firm and final, subject to the modification and cancellation conditions in Article 4.

🔹PART 3 – PRICES AND PAYMENT TERMS

3.1. Applicable prices
Prices for services (meals, coffee/tea breaks, additional services, etc.) are those in effect at the date of the order, unless otherwise specified in writing or in an agreed quotation.
All prices are expressed in euros, excluding VAT. The applicable VAT rate is stated on each quotation and invoice, in accordance with current legislation.

3.2. Additional evening services
Extra services for evening events (e.g., bar service, waitstaff, setup) are billed at €45 per hour per staff member, with a minimum of three (3) hours.
An additional hour for setup and an hour for cleanup are mandatory, included in the service, and billed at the same rate.

3.3. Payment terms
Services are billed monthly.
Invoices are payable within 30 days from the invoice date, unless otherwise stated in the quotation or agreement.

3.4. Late or non-payment
In case of late payment, late fees may be charged at an annual rate of 10% of the outstanding amount, starting from the day after the due date.
Persistent or repeated late payment may result in suspension of ongoing services and refusal of new orders until full settlement.

3.5. Discounts and promotional offers
The Service Provider may, at its discretion, grant discounts or promotional offers subject to special conditions.
Unless otherwise stated, these discounts are time-limited and cannot be combined.

🔹PART 4 – ORDER CANCELLATION AND MODIFICATION

4.1. Order modifications
Modification requests must be made by email and are only valid once confirmed in writing by the Service Provider.
Increases in quantities or services are accepted subject to availability and may result in a revised quotation.
Price reductions are accepted within the following limits, calculated in business days before the event and based on the excl. VAT amount:

Notice period before event	Maximum accepted reduction
≥ 60 business days	25%
30–59 business days	20%
15–29 business days	15%
7–14 business days	10%
0–6 business days	0%

 

No exceptions will be made to these thresholds without the express approval of the Service Provider.

4.2. Order cancellations
All cancellations must be communicated in writing by the Client and confirmed in writing by the Service Provider.
As a rule, cancelled orders are subject to the same reduction thresholds listed above (Article 4.1).
The Service Provider may, on an exceptional basis, grant additional refunds or adjustments, taking into account preparation work already completed, purchases made, and availability.

4.3. Cancellation or modification by the Service Provider
The Service Provider reserves the right to cancel or modify an order in cases of force majeure or exceptional circumstances making performance impossible (e.g., strikes, product shortages, extreme weather).
In the event of cancellation by the Service Provider, the Client will be informed as soon as possible. No charges will apply, and any payment already made will be fully refunded, unless otherwise agreed by both parties.

🔹PART 5 – DELIVERY AND PICK-UP

5.1. Meal delivery
Unless otherwise specified, all meals are delivered cold to ensure freshness and food safety.
On request, some dishes may be delivered ready to reheat by the Client. Reheating instructions are provided as guidance only.
After delivery, the Client is solely responsible for:

• proper storage (e.g., maintaining the cold chain),
• reheating under hygienic conditions,
• and compliance with indicated consumption deadlines.
  The Service Provider cannot be held liable for non-compliance with these instructions.

5.2. Daytime delivery
Deliveries are made between 10:30 AM and 4:30 PM for orders of at least eight (8) persons.
Deliveries are guaranteed within a one-hour window around the requested time. For example, a 12:00 PM delivery may arrive between 11:00 AM and 12:00 PM.
Delivery is made to the reception area of the specified building. No in-building transport or setup is included, unless agreed in writing.
Meals are delivered cold, and no reheating service is included.
Tableware is not provided unless specified in the order.

5.3. Takeaway orders
Takeaway orders are available for groups of eight (8) persons or more, between 8:30 AM and 4:30 PM.
Meals can be collected between 10:30 AM and 4:30 PM at the designated pick-up point.
Meals are delivered cold, without tableware or serving equipment.

5.4. Evening catering service on-site
For events held between 5:00 PM and 10:00 PM, the Service Provider can provide an on-site catering service.
Meals are prepared in advance and delivered in insulated boxes starting at 4:30 PM, typically in the cafeteria.
If required, bain-marie equipment is provided to keep dishes warm; reheating time is approximately one (1) hour.
Equipment is delivered in good working condition. Any damage not reported immediately may be charged to the Client.

5.5. Client obligations
The Client must ensure that a contact person is present at the delivery location at the agreed time. If absent, delivery will be considered completed, and no claims will be accepted.
For takeaway orders, the Client must collect meals within the agreed timeframe. The Service Provider cannot guarantee product quality if collection is delayed.

🔹PART 6 – LIABILITY

6.1. Service Provider’s liability
The Service Provider undertakes to provide the ordered services in accordance with the form or accepted quotation.
The Service Provider will make every effort to meet agreed delivery times but cannot be held responsible for delays or disruptions caused by events beyond its control (e.g., weather, strikes, technical incidents).
Any obvious non-conformity of the services (meals, equipment, etc.) must be reported by email within 24 hours of receipt. A replacement, credit, or partial refund may be offered upon verification.

6.2. Client’s liability
The Client is solely responsible for the information provided when placing an order (address, guest count, service options, etc.). Any error leading to incomplete or incorrect delivery is at the Client’s expense.
The Client must comply with usage instructions for any equipment provided (bain-marie, tableware, carts, etc.) and return it in proper condition. Cleaning or repair costs may be invoiced in case of misuse.
The Client is also responsible for ensuring delivery access at agreed times. If access is denied or the Client is absent without justification, the service will be considered delivered.

6.3. Limitation of liability
The Service Provider cannot be held liable for issues arising from improper storage, handling, or consumption of meals after delivery.
Any deterioration in quality due to inadequate storage (temperature, exposure, etc.) is the Client’s responsibility.
In the event of property damage caused by the Client or their guests, the Service Provider reserves the right to seek compensation.

6.4. Force majeure
The Service Provider shall not be liable for failure to perform obligations resulting from a force majeure event, defined as any unforeseeable, irresistible, and external event making performance impossible (e.g., strikes, fire, floods, epidemics, supply shortages, health crises).

🔹PART 7 – ADDITIONAL SERVICES

7.1. Types of services
For evening events, the Service Provider offers a range of optional services, including:

• equipment setup (tables, cutlery, plates, etc.),
• bar service (preparation and serving of drinks),
• table service or assistance by staff.

These services are billed at €45/hour per staff member, with a minimum of 3 hours per staff member.
As a guideline, 1 staff member per 20 guests is recommended, adjustable based on event needs.

7.2. Availability conditions
These services are available only for evening events (Monday to Friday) and must be booked at least two (2) weeks in advance.
No additional services are provided on weekends or public holidays unless expressly agreed in writing.
The Service Provider reserves the right to refuse service if the request is made late or staff are unavailable.

7.3. Billing terms
Staff hours are billed in addition to meals and included in the monthly invoice.
Any overrun beyond the initially booked 3 hours will be billed per full hour at the agreed rate.
Exact start and end times will be specified by the Service Provider.

7.4. Client obligations
The Client must indicate all setup, bar, and service needs at the time of ordering so that the Service Provider can organize accordingly.

🔹PART 8 – INTELLECTUAL PROPERTY

8.1. Ownership of rights
All materials and content provided by the Service Provider remain its exclusive property and are protected under intellectual property law.
This includes, but is not limited to, menus, marketing materials, visuals, documents, graphics, logos, trademarks, photographs, and digital content.

8.2. Usage restrictions
The Client may not reproduce, copy, distribute, modify, or exploit any protected content without the prior written consent of the Service Provider.
Unauthorized use constitutes infringement and may lead to civil or criminal proceedings.

8.3. Brand and distinctive signs
Use of the Refresh XL name, logo, or other brand identifiers is prohibited without prior written authorization.
Violation of this rule may result in liability claims and compensation for damages.

🔹PART 9 – PERSONAL DATA PROTECTION

9.1. Data collection
The Service Provider collects personal data necessary to process orders, including but not limited to: name, email, phone number, delivery address, and billing details.

9.2. Purpose of processing
Collected data is used solely for:

• processing and managing orders,
• organizing deliveries and associated services,
• communicating with the Client,
• preparing quotations and invoices.

Data is never sold or shared with third parties, except with subcontractors essential to service execution (e.g., couriers), under strict data minimization rules.

9.3. Data retention
Personal data is retained only for as long as necessary for business purposes, plus legal retention periods (e.g., accounting or tax obligations).

9.4. Client rights
Under the General Data Protection Regulation (GDPR), Clients have the right to:

• access their data,
• request corrections or updates,
• request deletion, restriction, or objection where applicable by law.
  Requests may be sent by email or postal mail to the Service Provider.

9.5. Data security
The Service Provider implements all necessary technical and organizational measures to protect personal data, ensuring confidentiality and integrity, and preventing unauthorized access or disclosure.

🔹PART 10 – APPLICABLE LAW AND JURISDICTION

10.1. Applicable law
These GTCS are governed by Belgian law and written in French, which prevails in case of discrepancy.

10.2. Dispute resolution
In case of disputes relating to interpretation or performance of these GTCS, both parties shall first seek an amicable solution through negotiation or mediation.

10.3. Jurisdiction
Failing an amicable settlement, disputes will fall under the exclusive jurisdiction of the courts where the Service Provider’s registered office is located, except where mandatory law dictates otherwise.

10.4. Language
These GTCS are written in French, which prevails in case of interpretation issues.
Translations are provided for information only.