Terms & Conditions

1 Application

These general terms and conditions ("Terms and Conditions") apply to all orders placed by you ("Customer") through the website https://www.cupple-ice.com ("Website") for the purchase and/or rental of the Cupple Ice Cream Machine ("Ice Cream Machine"), the accompanying cups with ice cream mix ("Cups") and/or the accessories belonging thereto ("Accessory") (the Ice Cream Machine, Cups and/or the Accessories each individually also referred to as a "Product"). The Website is operated by Immo-Dalo nv, with registered offices at Brixtonlaan 26 (Unit 3E), 1930 Zaventem (Belgium), registered in the Crossroads Bank for Enterprises under number 0427.009.143 ("We", "Us", "Our"), who acts as seller or lessor of the Products. 

By placing an order on the Website, the Customer accepts these Terms and Conditions in full and without reservation. The application of any other terms and conditions, for example additional provisions which were communicated by the Customer when ordering Products, is hereby expressly excluded, irrespective of whether or not We have expressly rejected such other terms and conditions.

We are entitled to change the Terms and Conditions from time to time. Any changes to these Terms and Conditions will only apply to orders placed on or after the date of change.

We recommend that the Customer prints or saves a copy of the Terms and Conditions on his hard disk once he has decided to place an order on the Website. As mentioned below, after the order process on the Website has been completed, We will send the Customer an e-mail confirming receipt of his order with a summary of the details of his order. 

2 Offers, placing and processing an order through the Website


2.1 The Customer can use the Website to:
  • purchase the Ice Cream Machine (i) or (ii) rent it
  • purchase the Cups and/or the Accessories (either separately or via a subscription formula)
2.2 If the Customer indicates on the order form that he wishes to rent the Ice Cream Machine, We will make this machine temporarily available to the Customer in accordance with the formula and accompanying modalities chosen by him on this order form (i.e. with or without a purchase option, linked to a subscription formula for the purchase of Cups and/or Accessories, ...). 

2.3 The images, colors, sizes, weights, contents, dimensions and measurements of the Products as displayed on the Website are for illustrative purposes only. Although We make every effort to be as accurate as possible, all sizes, weights, contents, dimensions and measurements of the Products may vary slightly from those displayed or mentioned on the Website.

2.4 An order is deemed to have been processed and approved by Us as soon as the Customer has received the order confirmation by e-mail. Upon receipt of this e-mail, the agreement ("Agreement") between the Customer and Us is concluded.

2.5 We are entitled to cancel an order already confirmed by Us in the following cases:
  • If there are reasons to assume that the Customer will not fulfil his payment obligations with regard to the order.
  • The ordered Product(s) is/are unavailable (if the ordered Product(s) is/are unavailable, We will inform the Customer thereof by e-mail).
  • The billing information provided is incorrect or not verifiable.
  • Our security systems indicate that the order is abnormal or possibly fraudulent.
  • The Customer does not meet the requirements set out in Article 2.6 of these Terms and Conditions.
Moreover, We have the right to limit the acceptance of the order to a commercially reasonable quantity and to refuse orders for quantities that We consider (in Our sole discretion) to be unreasonable.

If We reject or cancel an order for any of the reasons mentioned above, We shall - as the case may be - refund all payments made by the Customer to Us in respect of the rejected or cancelled order.

2.6 To order Products through the Website, the following conditions must in any event also be fulfilled:
  • The Customer has provided his name and address, telephone number, e-mail address, payment details and other required information;
  • The Customer acting as a natural person is at least 18 years old;
  • The Customer has his residence (natural person) or registered offices (legal person) in the European Economic Area, Switzerland and/or the United Kingdom;
  • If the Customer pays by card, he must be the owner or authorized holder of this card.
If the Customer creates a personal account, he must also register a personal user name (e-mail address) and a password. Always protect this password and do not disclose it to anyone. The Customer will be held responsible for all transactions made through his user name and password.

3 Right of withdrawal

3.1 With the exception of the provisions of Article 3.7 of these Terms and Conditions, the Customer who is a natural person acting for non-professional purposes has a right of withdrawal in accordance with Article VI.47 of the Belgian Economic Law Code. Based on this right of withdrawal, the Customer may withdraw from the Agreement within fourteen (14) calendar days.

The Customer shall not be required to pay any compensation or to provide any reason for exercising this right of withdrawal. This withdrawal period shall expire 14 calendar days after, as the case may be: (i) the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the Products, (ii) the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the last Product (if the Customer has ordered several Products through the same order which are delivered separately without this having been requested by the Customer) or (iii) the day on which the Customer or a third party designated by the Customer, who is not the carrier, takes physical possession of the first Product (if the Agreement is aimed at the delivery of Products at regular intervals during a given period, e.g. in the framework of a subscription formula).

3.2 The Customer must inform Us in writing (by mail or e-mail) and in a timely manner of the exercise of this right of withdrawal. The Customer may thereto also use the attached model withdrawal form (see Annex 1). The notification made by the Customer of the exercise of the right of withdrawal shall be considered as being made in a timely manner if it is sent before the expiration of the withdrawal period. 

3.3 Upon correct use of the right of withdrawal, We shall promptly reimburse the Customer for any sums already paid by the latter, and in any event no later than fourteen (14) calendar days following the day on which We received the decision to exercise the right of withdrawal. If the Customer has, however, opted for a shipping method for the Products which differs from the cheapest standard shipping method, these additional shipping costs will not be refunded upon exercise of the right of withdrawal. The Customer shall be reimbursed using the same payment method as the one used for the initial transaction, unless he has expressly agreed otherwise. No costs will be charged for this refund. 

3.4 The Customer must contact Our customer service department as soon as possible in order to return the purchase. This return must take place at the latest within a period of fourteen (14) calendar days after the notification of the decision to exercise the right of withdrawal.
The direct costs for returning the Products shall be borne by the Customer. We shall be entitled to wait to proceed with the refund until We have received all Products back or until the Customer has proved that he has returned the Products, whichever occurs the first.

3.5 If the Products are damaged as a result of use that goes beyond what was necessary to establish the nature, characteristics and functioning of the Products, the Customer shall be responsible therefor. We shall be entitled to deduct the amount of the depreciation from the refund or to subsequently recover it from the Customer. 

3.6 If the Customer does not comply with the above conditions, the use of the right of withdrawal shall be unauthorized. In this case, the Products will be returned to the Customer at the Customer's expense and risk. 

3.7 Notwithstanding what has been provided in Articles 3.1 to 3.6, the Customer may in any event NOT exercise his right of withdrawal in respect of Products delivered to him which have a limited shelf life (including Cups and certain Accessories) or which are in any event unsuitable for return for reasons of health protection and hygiene. 

4 Price and payment

4.1 The price of the Products is always expressed in euro (EUR) and is inclusive of VAT. In addition to the Product price, an additional recycling contribution is charged for the Ice Cream Machine, unless explicitly mentioned otherwise. More information on the recycling contribution can be found here. Delivery costs are not included, unless explicitly stated otherwise. More information on the shipping costs can be found here

4.2 Unless otherwise expressly mentioned on the order form or in these Terms and Conditions, the Customer shall pay the price for the Products upon placing the order. The payment must be made through one of the payment methods provided on the Website, including Bancontact, debit or credit card or PayPal or any other payment method which may be offered by Us on the Website from time to time.

For Agreements with a monthly recurring fee for renting the Ice Cream Machine or the staggered delivery of Cups and/or Accessories (via a subscription formula) of which the (first) delivery is foreseen in the course of a calendar month already commenced, the fee due for that calendar month is to be paid upon placing the order. All other monthly recurring fees for renting the Ice Cream Machine or the staggered delivery of Cups and/or Accessories (via a subscription formula) always have to be paid at the latest on the first day of each calendar month to which the rental rights and/or the envisaged deliveries relate, via a monthly charge to the specified credit card or [via permanent payment order]. 

4.3 The shipment of the Products purchased by the Customer will only take place following receipt of the payment by the Customer. In the event that the Customer wishes to rent the Ice Cream Machine, the shipment of the Ice Cream Machine will only take place after the Customer has paid the first monthly fee therefor. 

4.4 We take all reasonable measures to ensure that the prices of the Products are displayed correctly. If We were nonetheless to discover an error in the price of the Products which are ordered by the Customer, We will inform the Customer of this error and offer the Customer the opportunity to continue with the purchase at the correct price or to cancel the order. We will not further process the order for Products with an incorrect price until We received instructions from the Customer. If We are unable to contact the Customer using the contact details provided by the Customer during the ordering process, We will consider the order as cancelled. 

5 Delivery, delivery time and risk

5.1 We try to deliver ordered Products within the delivery time specified during the ordering process. There may however be instances in which We are unable to ship the Products on time and cannot meet the delivery time indicated by Us (including, but not limited to, instances where We ourselves are not supplied on time by Our suppliers for any reason whatsoever). Any delivery time specified by Us shall therefore be regarded as a non-binding estimate and not as an obligation of result to deliver the Products on the estimated delivery date.
 
5.2 If the Customer unreasonably postpones delivery or receipt of the Products after We have notified the Customer that We have attempted to deliver the Products to him, or if the Customer has provided an incorrect delivery address which results in the Products being returned to Us after the first delivery attempt, We assume that the Customer has exercised his right of withdrawal and We will refund the price paid for the Products in accordance with Our return policy and the relevant applicable statutory provisions.

5.3 Unless otherwise agreed in writing, Products are delivered to the address mentioned during the order and the registration process. Any visible defects to the outer packaging must be notified on the delivery note or reported to Us in writing by e-mail or via the customer service department within a period of 14 calendar days upon delivery, including a detailed description of the defect. The use of the delivered Products by the Customer implies the acceptance thereof.

5.4 Delivery occurs at the expense of the Customer. The delivery costs vary depending on the destination and the delivery method chosen and will be communicated when placing the order. The packaging and shipping costs are included in the delivery costs.

5.5 The risk of loss of and damage to the Products and - in case of sale: the ownership of the Products - shall pass to the Customer upon delivery. 

6 Warranty 

6.1 For the Products purchased by the Customer

We are responsible for any lack of conformity that exists at the time of delivery of the Products and that manifests itself within a period of two (2) years from the date of such delivery. If the lack of conformity becomes apparent more than six (6) months after the delivery, the Customer must prove that this lack of conformity existed at the time of delivery. 

If such lack of conformity becomes apparent during this period, the Customer shall be entitled, at his sole discretion, to have the Product replaced or repaired free of charge (unless this is impossible or unreasonable). Only if the repair or replacement is unreasonable or impossible or cannot be carried out within a reasonable time, the Customer is entitled to a price reduction or the rescission of the Agreement. The Customer can, however, not request the rescission of the Agreement for a minor defect.

When making a refund, We may take into account the use and enjoyment that the Customer has made or had of the Product since the delivery.

In order for the Customer to be able to invoke this warranty, he must notify Us of the lack of conformity in writing within a period of two (2) months after this was detected or should have been detected by him. In the absence of such notification, the Customer loses his right to make a claim against Us for lack of conformity. 

This warranty does not affect the right of the Customer who is a natural person acting for non-professional purposes to invoke the legal warranty provided for in Article 1649bis et seq. of the Belgian Civil Code.

6.2 For the Products rented by the Customer

We are responsible for any lack of conformity that exists at the time of delivery of the Products and that manifests itself within the rental period .

If such a lack of conformity becomes apparent during this period, the Customer shall be entitled, at his sole discretion, to have the Product replaced or repaired free of charge (unless this is impossible or unreasonable). In case of repair of the Product, the Customer must tolerate the repair without being able to claim any compensation. Only if the repair or replacement is unreasonable or impossible or cannot be carried out within a reasonable time, the Customer is entitled to a price reduction or the rescission of the Agreement. The Customer can, however, not request the rescission of the Agreement for a minor lack of conformity.

When making a refund, We may take into account the use and enjoyment that the Customer has made or had of the Product since the delivery.

In order for the Customer to be able to invoke this warranty, he must notify Us of the lack of conformity in writing within a period of two (2) months after this was detected or should have been detected by him. In the absence of such notification, the Customer loses his right to make a claim against Us for lack of conformity. 

6.3 Non-conformities not covered by the warranty

The warranty set out in this Article 6 does, however, not apply to non-conformities that were not present at the time of delivery and/or are due to the incorrect use of the Products. If it is established that a lack of conformity is not covered by the aforementioned warranty, the Customer will be offered the choice (i) to have the Product repaired and returned at his own expense, whereby all costs (including all shipment costs) will be communicated to the Customer in advance, (ii) to have the machine returned without being repaired (in which case the Customer shall in any event bear all the shipment costs), (iii) to collect the machine - whether repaired or not - at an agreed place and time (subject to prior reimbursement of all costs (including all shipment costs)) or (iv) to waive his rights to the Product. If the Customer does not exercise the aforementioned right of choice within one (1) month after being informed thereof, the Customer shall be deemed to have waived his rights to the Product concerned and We shall be entitled to dispose of the Product from then on. The above does, however, not affect any other (additional) remedies that We may have (e.g. if applicable, compensation for any shipment costs borne by Us, the rescission of the rental agreement, etc.). 


7 Liability

7.1 We are not liable vis-à-vis the Customer if the Customer fails to use the Products in accordance with their intended purpose. The warranty provided under Articles 6.1 and 6.2 of these Terms and Conditions shall in any event not apply to Products which are intentionally damaged or damaged by the Customer's negligence. 

7.2 With the exception of cases in which Our liability is based on the Act of 25 February 1991 on liability for defective products, Our aggregate maximum liability and that of Our personnel for all other damages that may arise, whether or not it arises out of or is caused by breach of contract, tort or breach of statutory obligations, is limited to the amount invoiced for the Products to which the damage relates. 

7.3 We are not liable for any loss of revenue, loss of profits or anticipated profits, loss of turnover, contracts or goodwill or damage to reputation, loss of anticipated savings, loss, corruption or destruction of data, or any other form of lucrum cessans or indirect consequential damage of any kind, regardless of how such damage or loss arises and regardless of whether it arises out of or is caused by breach of contract, tort or breach of statutory obligations. 

We are under no circumstances liable if damages are caused that are not only due to a non-conformity of the Products but also fully or partly due to the fault or negligence of the Customer or of a person for whom the Customer is responsible, or if the non-conformity results from normal wear and tear. 

7.4 The limitations of liability in Articles 7.2 and 7.3 shall not apply in the event of fraud, willful misconduct or gross negligence on Our part, or bodily injury or death caused by Our acts or omissions, or in the event that these could not be excluded or limited under applicable law.

8 Personal data 

The information provided by the Customer is necessary for the processing and completion of the orders. If this information is missing, the order will inevitably be cancelled. Providing incorrect or false personal data is considered a breach of these Terms and Conditions and the Agreement. The Customer's personal data will only be processed in accordance with the provisions of the General Data Protection Regulation (2016/679), the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data and the applicable privacy policy, which can be consulted here

9 Force majeure

9.1 Parties are not liable for a delay or failure in the performance of the Agreement, if this is due to force majeure. Force majeure is understood to mean, without being exhaustive: government order, mobilization, war, epidemic, lock-out, strike, demonstration, technical defects in the transmission of communications, fire, flood, explosion, lack of raw materials or labor force, changed global economic conditions, vandalism, exceptional weather conditions, pandemics, epidemics, and all unforeseeable circumstances beyond the control of the parties that disrupt the normal course of business.

9.2 The party claiming force majeure shall notify the other party and take all reasonable measures to overcome the temporary force majeure situation.

9.3 If the force majeure situation continues for more than 90 days, each party shall be entitled to terminate the Agreement without any form of compensation being due to the other party. 

10 Duration of the Agreement (for rental and subscription formulas)

10.1 If the Customer rents the Ice Cream Machine and/or has subscribed to a subscription formula for the periodic purchase and supply of Cups and/or Accessories, the Agreement commences on the day of the (first) delivery and ends automatically upon expiry of the rental or subscription period agreed upon between the parties, and this without the possibility of tacit extension or renewal (unless parties have explicitly provided for this).

10.2 Unless the Customer exercises the purchase option granted to him in accordance with Article 10.3 below, he will be required to return to Us the Ice cream Machine rented by him within (5) days of the end of the rental period. The direct costs for the return of the Ice Cream Machine and the risk associated therewith will be borne solely by the Customer. Until the Ice Cream Machine has been returned to Us, all obligations of the Customer under the Agreement remain in full force and effect. The Customer is also solely liable for all damages caused to the Ice Cream Machine (with the exception of normal wear and tear) and must reimburse Us in full for such damages. 

10.3 If the Customer has opted for a rental formula whereby he has the option to purchase the Ice Cream Machine at the residual value notified to him at the time of the order, the Customer may exercise this option at the expiry of the rental period by notifying Us thereof in writing. This purchase option must be exercised no later than five (5) days after expiry of the rental period. This option is in any event not available to the Customer in case of early termination of the Agreement (for any reason whatsoever). 

11 Termination

11.1 We have the right to terminate the Agreement at any time, with immediate effect, without judicial authorization, without prior notice and without payment of any damages (i) if the Customer fails to pay the price or to fulfil any other obligations incumbent on him and such failure is not remedied within seven (7) days of being given notice thereof (if at all possible) or (ii) if We have good reasons to doubt that the Customer will fulfil his obligations towards Us. 

11.2 In the event of termination, We also reserve the right to claim compensation for the costs, interest and damage that We have suffered and all Our claims against the Customer shall become immediately due and payable.

12 Other

12.1 Unless expressly provided otherwise in these Terms and Conditions, a waiver of any right or remedy under these Terms and Conditions may only be made in writing. 

Except as expressly provided in these Terms and Conditions, no failure or delay by any party in exercising any right or remedy under this Agreement shall prejudice such right or remedy or be construed as a waiver thereof for the future.

12.2 If, and to the extent that, it would be found that any provision of these Terms and Conditions or any order or agreement thereunder is unlawful, void or unenforceable, such provision shall be deemed not to form part of these Terms and Conditions, the order or agreement thereunder, but without invalidating any of the remaining provisions of these Terms and Conditions, the order or agreement and/or affecting the enforceability thereof.

The parties shall in such case agree in good faith to replace the provision in question with a provision which shall be included in the Agreement or these Terms and Conditions and which is lawful, valid or enforceable and approximates the intention of the parties as closely as possible.

13 Applicable law - Competent court

13.1 All questions and disputes concerning the validity, interpretation, performance, execution or termination of these Terms and Conditions or any order or agreement thereunder shall be governed by and construed in accordance with Belgian law. The application of the Vienna Sales Convention is expressly excluded. 

13.2 Any disputes arising from or in connection with these Terms and Conditions or any order or agreement thereunder shall fall within the exclusive jurisdiction of the courts of Brussels (Belgium).

14 ODR 

For disputes between users and merchants concerning an online purchase, you can go to the online dispute resolution platform ODR. You will find this link here: new interactive ODR website


15 Contact details

For questions relating to this Website, the Products offered or these Terms and Conditions, the Customer may contact Us, as follows: 

  • by email to the following address: hello@cupple-ice.com
  • by sending a letter to the following address: Immo-Dalo NV, Brixtonlaan 26 (Unit 3E), 1930 Zaventem (Belgium) 
  • By telephone to the following number: +32 [ ]