GENERAL ONLINE TERMS AND CONDITIONS
1.1 These General Conditions of Sale (hereinafter the “GCS”) define the rights and obligations of the parties in the context of the sale of products (hereinafter the “products”), via the current website www.zoemommen.be (hereinafter referred to as the “site”). These General Terms and Conditions govern any sale of products made on the site.
1.2. The General Terms and Conditions are concluded between, on the one hand, Zoé Mommen, registered with the Banque Carrefour des Entreprises de Belgique under number 0713.677.597 (VAT BE 0713.677.597) Email email@example.com, telephone: +32 497 45 82 43, hereinafter referred to as the “seller” and, on the other hand, the person wishing to consult the site and make a purchase, hereinafter referred to as the “buyer”. The buyer and the seller are hereinafter jointly referred to as the “parties”. The parties agree that their relations will be governed exclusively by the General Terms and Conditions 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”) presupposes prior consultation and express acceptance of the T&Cs by the buyer without, however, this acceptance being conditioned by a handwritten signature on the part of the the buyer. In accordance with the provisions of the law of July 9, 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the purchase order constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and constitutes proof of the entirety of the order and the payability of the sums due in execution of said order.
1.4 The General Conditions of Sale concern exclusively buyers, non-commercial individuals. The buyer who wishes to purchase a product on the site declares to have full legal capacity. Any person incapacitated within the meaning of Article 1123 et seq. of the Civil Code cannot in any way purchase on the site, or must do so through, and under the responsibility of, their legal representative. This legal representative is required to respect the General Terms and Conditions.
- PRODUCTS AVAILABLE FOR 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 time of consultation of the site by the buyer, and within the limits 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 placed by the buyer. In the event of unavailability of one of the products ordered, the buyer will be informed, and will have the possibility either to modify their order or to cancel it, in which case they will be refunded the amount of their order if they has already made payment.
2.2 Photographs, texts and other descriptive elements illustrating the products do not fall within the contractual scope. If these photographs and/or texts were incorrect, the seller could not be held liable on this account. The latter undertakes to make its best efforts to correct errors or omissions as quickly as possible after having been informed of them.
- SALE PRICE OF DISPLAYED PRODUCTS
3.1 The price of each product is displayed on the site (hereinafter the “purchase price”) in euros and including VAT. 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 buyer personally. 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 validation of the order, and subject to availability.
3.2 When ordering, the buyer undertakes to pay, in addition to the purchase price of the products ordered, the preparation and delivery costs (hereinafter the “costs”). These costs vary depending on the type and quantity of products ordered, and the delivery method chosen, and are inclusive of VAT. The buyer can consult the amount of these costs on the site by consulting their “Basket”, where a calculation of the total amount corresponding to the purchase price of the products and the costs is displayed. The seller reserves the right to modify the amount of the fees at any time, but the fees will be invoiced on the basis of the rates in force at the time of validation of the order, and subject to availability. These costs remain due and will not be refunded if the buyer returns all or part of the order under their right of withdrawal.
3.3 Products are only delivered to countries for which the site authorizes delivery. Buyers wishing to have it delivered to one of the authorized countries but to an island in these countries will be charged a delivery supplement. Any incorrect delivery address is the responsibility of the buyer and may result in additional charges. The delivery times indicated are not binding but are given for purely indicative purposes. No delay in delivery may give rise to termination of the order or 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 refunded without interest or other form of compensation.
- ORDERING TERMS
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 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 communicating incorrect information. After completing the order form, the buyer is invited to close the order process, by clicking on "Validate my order", by which the buyer declares to fully and unreservedly accept all of these General Terms and Conditions, definitively validates his orders and undertakes to pay the entire amount due, i.e. the purchase price, increased by costs, and reduced by any purchase 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 during his affiliation (hereinafter the “order confirmation”). This order confirmation will notably mention the order date, 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 delivery in the event of an existing dispute with the buyer, total or partial non-payment of a previous order or refusal to authorize payment by credit card of the banking organizations. In this case, the seller cannot be held liable under any circumstances.
- PAYMENT TERMS
5.1 Payment for purchases is made by credit card such as Visa or Mastercard and by bank cards such as “Maestro” and “Bancontact – Mistercash”. When validating the order, the user indicates the name appearing on their credit or bank card, the card number, its expiration date (and the control number in the case of a Visa and /or Mastercard). Certain issuing banking organizations may request an additional digipass type signature. The validity of the payment is confirmed or not after verification by the issuing banking organization. If payment is confirmed, the debit takes place, after invoicing of the order, according to the terms agreed with the banking organization issuing the card.
5.2 The product(s) ordered remain the property of the seller until full payment of the purchase price and costs indicated when ordering.
6.1 Delivery is carried out by the seller worldwide (any taxes and import costs are the responsibility of the buyer).
6.2 The order is delivered to the address indicated by the buyer. Orders are handled by Bpost in Belgium and Bpost International or Dpd for other countries.
6.3 Upon delivery, a sales invoice is given to the user.
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 validation of the order and receipt of payment. The delivery person will come to this address between 8 a.m. and 6 p.m., on working days, and will deliver the package(s) to the recipient or 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 user to contact the delivery person to agree either on a new delivery date to the same address, or a new delivery date to a new address, or a collection at the Post Office on closer. Failing to do so within 15 days from the notice left by the delivery person or if the user is absent during the new delivery, the order will be automatically returned to the seller, who will contact the user to schedule a new delivery of the order. In this case, additional delivery costs may be billed to the user.
6.5 For delivery outside Belgium, the seller will make every effort to ensure that the order is delivered within 15 days following validation of the order. Delivery methods will be specific to the postal services of the country concerned.
6.6 The delivery time indicated is for information purposes only. Its disrespect will not create any right to damages on the part of the user.
6.7 The transfer of risks to the user occurs when the ordered products are made available to the delivery person. Proof of this provision will be materialized by the control system used by the delivery person.
6.8 It is up to the user to check 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 the address firstname.lastname@example.org, subject “Delivery complaint”, with 3 supporting photos, all this within 48 hours after receipt of the order.
- RIGHT OF WITHDRAWAL AND RETURN TERMS
7.1 If the product(s) purchased on the site do not suit the buyer, the buyer has a period of fourteen (14) calendar days, starting from the day after day of delivery, to renounce your purchase without penalty and without indication of reasons, in accordance with the Belgian economic law code.
Within this period, the buyer must notify the seller of his intention to use his right of withdrawal, as follows:
– Send an email to email@example.com
– Notify the buyer's first and last names
– Provide a detailed description of the item(s) concerned with reference to the number and date of the invoice issued.
7.2 The return to the seller will be made to the following address, unless otherwise instructed to the buyer, by any means of transport of the buyer's choice, who must retain proof of shipment.
Rue de Namur 87 boite 3
7.3 If the buyer wishes an exchange instead of a refund, he specifies this in the e-mail and the seller will inform him, in addition to the availability of the item, the supplement to pay or the partial refund if applicable.
7.4 All costs and risks associated with shipping the returned items are the responsibility of the user.
7.5 If the buyer uses his right of withdrawal within the aforementioned period and returns the products no later than fourteen (14) days following 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, provided that it has already been paid, at the latest upon receipt of the product(s) by the seller.
7.6 The buyer may request an exchange instead of a refund upon payment of a possible supplement on the price of the new item or reimbursement of the difference by the seller in the event of a lower price. However, the shipping costs of the new item will be borne by the buyer.
7.7 In the event of reimbursement for returned products, the seller will credit the credit card used to pay for said products with an amount equivalent to the purchase price thereof, reduced by the amount of the voucher(s). purchase or discounts made during the order. The buyer will be reimbursed according to the terms agreed with the banking organization issuing the card.
7.8 The user cannot make use of his right of withdrawal and/or exchange if the product(s) delivered has (have) clearly been used, has (have) been damaged, have missing parts, or have the label(s) removed.
7.9 The product(s) must be returned correctly protected, in their original packaging, in perfect condition for resale (not damaged, damaged or soiled by the customer) accompanied by any possible accessories, instructions for use, label(s) of the garment(s) intact and attached, etc. to the address indicated. Otherwise, they cannot be returned or exchanged.
7.10 Product(s) for which no element attached to identify the sender (return number, order number, last name, first name, address) cannot be returned or exchanged. The product(s) returned but cannot be accepted in return by the seller are made available to the user at the seller. The user remains responsible for paying the price. In the event of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
7.11 Finally, tailor-made or personalized products cannot under any circumstances be returned or exchanged.
- PROTECTION OF PRIVACY WITH REGARD TO USERS’ PERSONAL DATA
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 services for the processing of orders, with the aim of strengthening and personalizing communication, in particular through information letters/emails as well as within the framework of the personalization of the site according to the observed preferences of buyers, or for monitoring solvency.
8.2 The seller therefore does not sell, market or rent information concerning buyers to third parties. In the event of transfer or use by third parties of personal data, the seller undertakes to inform the buyer in advance in order to enable him to exercise his right of opposition. The seller may also provide consolidated statistics relating to its buyers, sales, trade structure and site information to trusted third parties, but these statistics will not contain any personal data. This article cannot, however, prevent the assignment or transfer of activities to a third party.
9.1. The seller only enters into obligations of means, for all stages of access to the site, from the order, to delivery or subsequent services. The seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet network, in particular a breakdown in service, an external intrusion or the presence of computer viruses, or any fact that could be qualified as force majeure. In any event, the seller's liability under the terms of these T&Cs may not exceed a sum 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 the execution or for the non-execution of its commitments due to events beyond its normal control, including production interruptions, difficulties of supply or shortages of raw materials, labor, energy or transportation, or delays in transportation, strikes, lockouts, labor interruptions or other collective labor disputes that affect it or its suppliers, even if these events were predictable.
- COMPLIANCE GUARANTEE
All products purchased from XXX benefit from the seller's 2-year legal guarantee of conformity, provided for by articles 1649bis to 1649octies of the Civil Code, and the legal guarantee against hidden defects, provided for by articles 1641 to 1649 of the Civil Code. . In accordance with articles 1649bis to 1649octies of the Civil Code, consumers have, among other things, the right to obtain from the seller free repair or replacement of products presenting a lack of conformity within 2 years from their delivery, provided that the request must be submitted before the end of this period or within 1 year from the discovery of the defect (if this period is longer). There is a difference, however, depending on whether the problem appears during or after the first 6 months following purchase. If a defect appears within the first 6 months, the seller is a priori held responsible. However, he can exonerate himself by proving that the defect is due to improper use on your part. If a defect appears later, the seller may ask you to prove that it is a lack of conformity which existed at the time of delivery of the goods.
- INTELLECTUAL PROPERTY
All elements of the site, whether visual or audio, 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 Internet site and who wishes to place, for personal use, on his own site a simple link referring directly to the site, must request authorization from the seller. In this case it will not be an implicit affiliation agreement. On the other hand, any hypertext link referring to the site and using the framing or in-line or deep linking technique is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request from the seller.
- CONTACT WITH THE SELLER
If there are any questions about their purchase, the buyer has the option of contacting the seller using the contact form available in the “Contact” section of the seller’s website or using the email address info@ zoemommen.be.
The seller undertakes to respond to the buyer's request as quickly as possible.
- NULLITY AND INTEGRALITY
If one or more stipulations of the General Conditions of Sale 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 their scope. The General Terms and Conditions and the order summary sent to the buyer form a contractual whole and constitute the entirety of the contractual relations between the parties. In the event of a contradiction between these documents, the General Conditions of Sale will prevail.
- VALIDITY OF THE PRESENT T&Cs
These general conditions of sale apply throughout the duration of the online availability of the services offered by the seller.
Computerized records, 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 made between the parties. The parties accept within the framework of their relations the principle of electronic proof (for example: e-mail, backups, etc.).
The seller reserves the right to modify the T&Cs and will communicate the new version to buyers via the site.
- APPLICABLE LAW AND COMPETENT COURTS
These General Terms and Conditions 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 Nivelles will have sole jurisdiction.