General Terms and Conditions of Sale and Services of Tea Time

Tea Time Data

  1. 1.Unless otherwise agreed in writing by Tea Time, the following general conditions apply to all orders of goods or services from Tea Time, regardless of their nature, location, significance, or frequency.
  2. 2.Tea Time collects consumption data from the HORECA sector via point-of-sale (POS) systems in Belgium and abroad. It processes, analyses, and crossreferences this data to provide clients with (i) dynamic graphical analyses based on raw data (limited in time and categorized by type of HORECA establishment, product range, and/or geographic sector), (ii) static graphical analyses (without access to underlying data), and/or (iii) customized consulting services, including reports or other deliverables. All data, reports, and deliverables provided by Tea Time are referred to as "Data."
  3. 3.Unless otherwise agreed in writing by Tea Time, the Data sold by Tea Time is exclusively intended for the client who orders it and has authorized access granted by Tea Time. The Data may not be resold or disclosed. Tea Time does not guarantee exclusivity to its clients.
  4. 4.The Data is anonymous and does not contain personal data as defined by the General Data Protection Regulation (GDPR) 2016/679 and Belgian privacy legislation. The client agrees not to attempt to identify establishments or consumers by conducting on-site surveys or cross-referencing other databases.
  5. 5.Tea Time retains sole ownership of the intellectual property rights on the Data. After payment of invoices, the client has the right to use the Data solely for its own needs.
  6. 6.Tea Time's invoices are payable immediately upon receipt. Tea Time reserves the right to refuse or suspend orders or revoke access in case of non-payment or late payment of past due invoices. Invoices accrue interest from the due date at the rate set by the Belgian law of August 2, 2002, on late payments in commercial transactions. Additionally, a penalty fee of 8% of the unpaid amount will be due automatically and without prior notice.
  7. 7.Tea Time strives to provide high-quality Data within the agreed timeframe, ensuring compliance with the accepted order. It aims to maintain a user-friendly, secure platform accessible during business hours. However, Tea Time has an obligation of means rather than results and does not guarantee specific delivery dates or the accuracy of third-party data (mainly from POS systems). Tea Time is not liable for technical issues preventing platform access or affecting downloadable Data, nor for damages from computer viruses, loss of Data, or unclear, incomplete, or poorly communicated instructions.
  8. 8.Claims regarding Data must be submitted in writing within eight days of receipt (via email, postal mail, or online access). Failure to do so will render claims inadmissible. Any late response by Tea Time to a claim does not waive its right to reject the claim later. Except in cases of fraud or wilful misconduct, Tea Time’s financial liability is limited to the amount paid for the relevant Data. Tea Time will not compensate indirect damages such as loss of profit, equipment investments, marketing, or advertising costs incurred based on inaccurate Data.
  9. 9.The client acknowledges being informed of Tea Time’s measures to protect the privacy of its employees and collaborators in compliance with GDPR 2016/679. These measures are detailed in Tea Time’s privacy policy, available on its website (www.teatimedata.com). A paper version can be provided upon request. The client agrees to apply equivalent protections to the personal data of Tea Time’s employees or collaborators that they may process.
  10. 10.Force majeure includes any unforeseen and insurmountable external event preventing Tea Time from fulfilling its contractual obligations. Labor disputes (strikes or lockouts), the failure of a key supplier, and the involuntary inability of a crucial employee (due to illness or accident) are considered force majeure. In such cases, Tea Time will notify the client, indicating the expected duration and any measures taken to mitigate the impact. If the force majeure persists for more than three months, either party may terminate the contract or the affected portion thereof by notifying the other party via registered letter or with acknowledgment of receipt, without compensation.
  11. 11.Belgian law exclusively governs the relationship between Tea Time and the client. In case of a dispute, the parties will seek an amicable resolution, potentially through alternative dispute resolution methods (conciliation, mediation, etc.). If no resolution is reached or in case of unpaid, uncontested invoices, disputes will be submitted to the competent courts of Brussels.