TERMS OF SALES
1 . DESCRIPTION
1.1 These General Conditions of Sale (hereinafter the "GTC") define the rights and obligations of the parties in connection with the sale of products (hereinafter the "products"), via the website www.phibrows.shop (hereinafter referred to as the "site"). These GTC govern any sale of products made on the site.
1.2 The GTC are concluded between, on the one hand, Continium sprl , registered with the Banque Carrefour des Entreprises de Belgique in the name of Anat Shir under the VAT number BE0681.969.089 whose head office is located rue du Zodiaque 40-42 b2 at 1190 Brussels, Belgium, hereinafter referred to as the “seller” and, on the other hand, the person wishing to consult the site and make a purchase there, hereinafter referred to as the “buyer”. The buyer and seller are hereinafter jointly referred to as the "parties". The parties agree that their relations will be governed exclusively by the GTC to the exclusion of any conditions previously available on the site.
1.3 Any order for a product offered on the site (hereinafter the "order") requires prior consultation and express acceptance of the GTC by the purchaser without however this acceptance being conditioned by a handwritten signature from the buyer. In accordance with the provisions of the law of July 9, 2001 setting certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the order form constitutes an electronic signature which has, between the parties, the same value than a handwritten signature and is proof of the entirety of the order and the exigibility of the sums due in execution of the said order.
1.4 The GTC only concern buyers, non-commercial individuals. The buyer who wishes to buy a product on the site declares to have full legal capacity. Any person incapacitated within the meaning of article 1123 and following of the Civil Code, can in no way buy on the site, or must do it through the intermediary, and under the responsibility of his legal representative. This legal representative is required to respect the GTC.
2. PRODUCTS ON SALE
2.1 The products offered for sale are those which appear on the site, with a description of their essential characteristics, on the day and at the precise moment of the consultation of the site by the purchaser, and within the limit of available stocks. The seller uses all reasonable means to display the availability of products in real time on the site but cannot be held responsible if a product is no longer available to fulfill the order made by the buyer. In case of unavailability of one of the products ordered, the buyer will be informed, and will have the possibility, either to modify his order, or to cancel it, in which case he will be refunded the amount of his order if he has already paid for it.
2.2 The photographs, texts and other descriptive elements illustrating the products do not enter into the contractual field. If these photographs and / or texts were of an erroneous nature, the seller could not be held liable for this. The latter undertakes to provide its best efforts to correct errors or omissions as quickly as possible after having been informed thereof.
3. SALE PRICES OF DISPLAYED PRODUCTS
3.1 The price of each product is displayed on the site (hereinafter the “purchase price”) in euros and VAT included. This price is valid in countries for which delivery is possible on the site, and does not include preparation and delivery costs, also payable by the buyer, nor the deduction of any discount or voucher granted. to the purchaser on a personal basis. The seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the purchase price in force at the time of the validation of his order, and subject to availability.
3.2 When ordering, buyers undertake to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the “costs”). These costs vary according to the type and quantity of products ordered, and the delivery method chosen, and are understood to include VAT. The buyer can consult the amount of these costs on the site by consulting his "Basket", which displays a calculation of the total amount corresponding to the purchase price of the products and the costs. The seller reserves the right to modify the amount of the costs at any time, but the costs will be invoiced on the basis of the prices in force at the time of the validation of the order, and subject to availability. These costs remain due and will not be reimbursed if the buyer returns all or part of the order under his right of withdrawal.
3.3 The products are only delivered to countries for which the site authorizes delivery. Buyers wishing to be delivered in one of the authorized countries but on an island in these countries will be charged a delivery supplement. Any wrong shipping address is the buyer's responsibility and may result in additional charges. The delivery times indicated are not binding but are given for information only. No delay in delivery may give rise to the cancellation of the order or the payment of damages for the benefit of the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer will be reimbursed without interest or any other form of compensation.
4.1 To place an order, the buyer must complete the order form made available to him on the site, on which he will include in particular the information necessary for his identification and in particular his name, first name and delivery address. The seller cannot be held responsible for the consequences of providing incorrect information. After completing the order form, the buyer is invited to close the ordering process, by clicking on "Confirm my order", by which the buyer declares to fully and unreservedly accept all of these GTC, definitively validates his orders and agrees to pay the full amount due, i.e. the purchase price, plus costs, and minus any vouchers.
4.2 The seller will confirm each order by sending an e-mail to the buyer at the e-mail address indicated by the buyer at the time of his affiliation (hereinafter the “order confirmation”). This order confirmation will mention in particular the date of the order, the product ordered, its purchase price, increased by costs, and the delivery terms. The data recorded by the seller, as well as the order confirmation will constitute proof of the contractual relations between the parties.
4.3 The seller reserves the right to refuse or cancel any order or any delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order or refusal of authorization of payment by credit card of the banking organizations. In this case, the seller's liability could not, in any case, be engaged.
5.1 Payment for purchases is made by bank transfer, Visa or Mastercard type credit card and PayPal. When validating the order, the buyer indicates the name appearing on his credit or bank card, the card number, its expiration date (and the control number in the case of a Visa and / or Mastercard). Some issuing banking organizations may request an additional digipass-type signature. The validity of the payment is confirmed or not after verification by the issuing bank. If payment is confirmed, the debit takes place, after the order has been invoiced, according to the terms agreed with the banking organization issuing the card.
5.2 The product (s) ordered remain (s) the property of the seller until full payment of the purchase price and the costs indicated during the order.
6.1 Delivery is made by the seller in European countries.
6.2 The order is delivered to the home or to the address indicated by the buyer. Orders are handled by Bpost in Belgium and Bpost International for other countries.
6.3 Upon delivery, a sales invoice is given to the buyer.
6.4 For delivery in Belgium, the seller will make every effort to ensure that the order is shipped to the delivery address within 5 working days following the validation of the order and the receipt of payment. The delivery person will present himself at this address between 8 a.m. and 6 p.m. on working days and deliver the package (s) to the recipient or to any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the buyer to contact the delivery person to agree either on a new delivery date at the same address, or on a new delivery date at a new address, or a collection at the post office on closer. If this is not done within 15 days from the date of the notice left by the delivery person or if the buyer is absent during the new delivery, the order will be automatically returned to the seller, who will contact the buyer to schedule a new delivery of the order. In this case, additional delivery costs may be charged to the buyer.
6.5 For delivery outside Belgium, the seller will do everything in his power to ensure that the order is delivered within 15 days of the order being confirmed. The delivery methods will be specific to the postal services of the country concerned.
6.6 The delivery time indicated is only indicative. Its disrespect will not create any right to damages on the part of the buyer.
6.7 The risk is transferred to the buyer when the products ordered are made available to the delivery person. The proof of this provision will be materialized by the control system used by the delivery person.
6.8 It is the buyer's responsibility to check the shipments on arrival and to formulate any reservations and complaints that appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious signs of deterioration. If there are any complaints following receipt of the order, it is mandatory to send an email to email@example.com, subject “Delivery complaint”, with 3 supporting photos, all this within 48 hours of receipt of the order.
7. RETRACTION AND RETURN PROCEDURES
7.1 If the product (s) purchased on the site are not suitable for the buyer, the latter has a period of fourteen (14) calendar days, from the day of the delivery, to renounce its purchase without penalty and without giving reasons, in accordance with the code of economic law. Within this period, the buyer must notify the seller of his intention to make use of his right of withdrawal, as follows: Send an email to firstname.lastname@example.org, Notify the buyer's first and last name, Give a detailed description of the item (s) delivered
7.2 The return to the seller will be made to the address mentioned in article 1.2, unless otherwise instructed to the buyer, by any means of transport chosen by the buyer, who must keep proof of shipment. .
7.3 All costs and risks associated with the shipment of returned items are the responsibility of the buyer.
7.4 In the event that the purchaser uses his right of withdrawal within the aforementioned period and the return of the products no later than fourteen (14) days following the communication of his decision to withdraw according to the terms agreed in the preceding paragraphs, the The seller undertakes to reimburse the purchase price to the buyer, insofar as this has already been paid, at the latest upon receipt of the product (s) by the seller.
7.5 In the event of a refund of returned products, the seller will credit the credit card used for the payment of said products with an amount equivalent to the purchase price of these, less the amount of the voucher (s). purchase or discounts made during the order. The buyer's reimbursement will be made according to the terms agreed with the banking organization issuing the card.
7.6 the buyer may not make use of his right of withdrawal and / or exchange if the product (s) delivered has (have) clearly been the subject of lasting use, has (have) ) been damaged, has (s) missing parts, garment (s) from which the label (s) have (have) been removed.
7.7 The product (s) must imperatively be returned (s) properly protected, in its (their) original packaging, in a perfect state of resale (not damaged, damaged or soiled by the customer) accompanied by any accessories, instructions for use, label (s) of the garment (s), etc. at the address indicated below. Otherwise, they cannot be returned or exchanged.
7.8 Cannot also be returned or exchanged, the product (s) for which no attached element identifies the sender (return number, order number, name, first name, address). The product (s) returned but which cannot be accepted in return by the seller are held at the disposal of the buyer at the seller. The buyer remains liable to pay the price. In the event of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
8. PROTECTION OF PRIVACY IN RESPECT OF THE PERSONAL DATA OF PURCHASERS
8.1 The seller collects personal data concerning buyers, which is communicated to him on the site or by e-mail. He undertakes not to disclose this data to third parties. These are confidential. They will only be used by its internal departments for order processing, with the aim of strengthening and personalizing communication, in particular through information letters / e-mails as well as in the context of the personalization of the site according to observed preferences of buyers, or for monitoring creditworthiness.
8.2 The seller therefore does not sell, market or rent information about buyers to third parties. In the event of transfer or use by third parties of personal data, the seller undertakes to inform the buyer beforehand in order to allow him to exercise his right of opposition. The seller may also provide consolidated statistics relating to his buyers, sales, trade structure and information on the site to trusted third parties, but these statistics will not contain any personal data. This article cannot, however, prevent the sale or transfer of activities to a third party.
9.1 The seller only contracts obligations of means, for all stages of access to the site, from ordering, to delivery or to subsequent services. The seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or any fact that may be qualified as force majeure. In any event, the seller's liability under these T & Cs may not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, whatever the cause or form of the action concerned.
9.2 The seller cannot be held responsible for cases of force majeure such as a delay in performance or for the non-performance of its commitments due to events beyond its normal control, including interruptions of production, difficulties of '' supply or shortages of raw materials, labor, energy or transport, or delays in transport, strikes, lockouts, work interruptions or other collective labor disputes which affect it or its suppliers, and this even if these events were foreseeable.
10. INTELLECTUAL PROPERTY
All the elements of the site, whether visual or sound, including the underlying technology, are protected by copyright, trademarks or patents and more generally by intellectual property as well as by the law relating to data base. They are the exclusive property of the seller. The buyer who has a personal website and who wishes to place, for personal use, on his own site a simple link returning directly to the site, must ask the seller for authorization. In this case, it will not be an implicit affiliation agreement. On the other hand, any hypertext link to the site and using the technique of framing or in-line or deep linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be withdrawn at the seller's request.
11. CONTACT WITH THE SELLER
In case of questions about his purchase, the buyer has the possibility to get in touch with the seller by means of the contact form available in the "Contact" section of the seller's website or by means of the e- mail address info @ secretcils.be. The seller undertakes to respond to the buyer's request as soon as possible.
12. NULLITY AND INTEGRALITY
If one or more stipulations of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain all their force and scope. The GTC and the order summary sent to the buyer form a contractual whole and constitute the entire contractual relationship between the parties. In case of contradiction between these documents, the GTC will prevail.
13. VALIDITY OF THE CI GSC PRESENT
These general conditions of sale apply throughout the duration of the online services offered by the seller.
The computerized registers, kept in the computer systems of the seller and its partners under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. The parties accept as part of their relations the principle of electronic proof (for example: e-mail).
The seller reserves the right to modify the T & Cs and will communicate the new version to buyers via the site.
16. APPLICABLE LAW AND COMPETENT COURTS
These GTC are subject to Belgian law. In the event of a dispute, an amicable solution will be sought before any legal action. In the absence of an amicable settlement, the courts of the judicial district of Brussels-Belgium will have sole jurisdiction.