GENERAL TERMS AND CONDITIONS GOVERNING SALES ON THE DESOBRY ONLINE BOUTIQUE
Article 1 - Preamble
These general terms and conditions of sale (the ‘Terms and Conditions’) are concluded on the one hand by the limited company Desobry SA, with its registered office at 1, Rue du Vieux Colombier, 7500 Tournai, Belgium, listed in the Banque Carrefour des Entreprises (central business database) under business No 0405.864.232, hereinafter referred to as ‘the Seller’ and on the other hand by any natural person or legal entity wishing to make a purchase via the Internet site of the seller, hereinafter referred to as ‘the Customer’ or ‘you’.
Article 2 – Object of the Terms and Conditions
These Terms and Conditions govern the sales and quotes issued via the online boutique (hereinafter referred to as the ‘Website’) when the order is placed by the Customer, whether professional or consumer. Current contracts are always governed by the Terms and Conditions that were applicable at the time of the sale. Given that these Terms and Conditions may be modified occasionally in accordance with Article 13 of these Terms and Conditions, you are deemed to have checked the Terms and Conditions applicable prior to any purchase. These Terms and Conditions are applicable whether you consult the Website in Belgium or abroad. These Terms and Conditions take precedence over all other general or special terms and conditions not expressly approved by the Seller. Should one of the provisions in the Terms and Conditions be unlawful or inapplicable, the remaining provisions will remain applicable in full.
Article 3 - Range
The range applies while stocks last and may be modified at any time. The products are described in accordance with the legislation in force. The photographs serve as illustrations and the packaging delivered may therefore differ from the products illustrated on line. The Seller is not liable in the event of printing errors or poor print quality.
Article 4 - Price
All the prices displayed on the Website are inclusive of VAT. Additional delivery costs or other administrative costs are mentioned separately for each article or in correspondence with the Customer. In the event of delivery outside the European Union, customs costs and other taxes may be added but if this is the case, they will always be clearly indicated on the invoice.
Article 5 – Geographic zones
The online sale of products presented on the Website is reserved for Customers resident in Belgium, France, the Grand Duchy of Luxembourg, the Netherlands, Germany, Great Britain, Ireland, Austria, Spain, Portugal and Italy. The geographic zone does not include the islands and overseas territories of the aforementioned countries.
Article 6 - Payments
Payment is made by bank card only. An order can be placed on the Website following the steps set out in the online boutique of the Website. Once the goods have been ordered, the Customer receives a summary of his order on line. When the order is confirmed, payment is requested immediately using the means of payment specified. The sale is made upon receipt of the payment in full. The payment entails confirmation of acceptance of these Terms and Conditions and acknowledgement of full knowledge thereof. After payment, the order is prepared for delivery. The Customer then receives confirmation of his purchase and is informed of the delivery procedure in accordance with the method of delivery requested. The Seller reserves the right to refuse orders in the following cases: ¥ in the event of stock depletion or permanent non-availability of an article; ¥ if an incorrect quote is observed; ¥ in the event of force majeure.
Article 7 – Right of withdrawal
The consumer Customer has a withdrawal period of 14 calendar days to cancel a contract relating to the purchase of a product without having to give a reason. This period expires 14 days after the day when the consumer Customer or a third party appointed by the consumer (other than the shipper) takes physical possession of the product. If the consumer Customer exercises his right of withdrawal, he must inform the Seller of this within the withdrawal period, using the withdrawal form provided, available here: (link to WITHDRAWAL FORM) or another non-ambiguous means (for example, letter sent by recorded delivery, fax or email) addressed as follows: DESOBRY SA 1, Rue du Vieux Colombier 7500 TOURNAI Belgium or sent to the following email address: firstname.lastname@example.org. The consumer Customer must then return the product as quickly as possible and at the latest within 14 days following notification of his decision to withdraw, to the following address: DESOBRY SA, 1, Rue du Vieux Colombier, 7500 Tournai, Belgium. The products must be returned in their original packaging, undamaged, accompanied by all their accessories, the user’s guide and the original invoice/delivery slip. The products thus returned must not have been unpacked, unsealed or used in any way whatsoever. Goods that are incomplete, spoiled, damaged or soiled by the Customer will not be taken back. The Customer will bear the direct costs of returning the product. Here are the various steps to follow to return goods: Step 1: The Customer downloads/prints the withdrawal file – available here, fills it in and returns it to the following address: email@example.com. Step 2: The Customer carefully wraps the goods he wishes to return in the original packaging. He includes a copy of the withdrawal file sent by e-mail in the box in which the goods are returned. Step 3: The Customer sticks the shipping label to the box. This label will contain all the information needed for a smooth product return procedure (your details, our delivery address). Step 4: If the goods are in good condition, the Customer will be reimbursed within 14 days of receipt of the goods returned. Unless he suggests collecting the product himself, the Seller may wait, before making the reimbursement, to receive the product or proof that the Customer has actually returned the product, depending which occurs first. For the reimbursement, the Seller uses the same means of payment as that used by the Customer unless the Customer accepts another method. The reimbursement is made without costs for the Customer. If the Customer has opted for a more expensive delivery method than the cheapest standard delivery, the Seller does not have to reimburse the additional costs corresponding the more expensive method. The right of withdrawal of the Customer is excluded, after the Customer has been given prior notification of this exclusion, for 1) products made to the specifications of the consumer Customer or clearly personalised, 2) products that perish rapidly or have a limited shelf life and 3) sealed products which, for reasons of health protection or hygiene, are not suitable for return and the seal on which has been broken after delivery.
Article 8 - Delivery
8 .1 – Place of delivery The products are delivered only within the geographic zones listed in Article 5. The Customer is liable for any incorrect delivery addresses given which may cause additional costs that will be recovered from the Customer. If your order is not delivered on time, you can contact us via the email address firstname.lastname@example.org, giving your Customer or order number. Shipments are always made by a professional carrier. A signature will always be required when goods are received. You agree that the shipment may be delivered to a person other than the Customer if you are not present when delivery is made to the address which you have given. If the person is not present at the time of delivery, the deliverer will leave you a document giving the address of the nearest postal point where you can go and fetch your purchase. It is possible that in some countries, the deliverer may leave your purchase with your neighbours, if they agree to take receipt of the parcel. These terms and conditions of delivery are accepted by the Customer upon payment of his order.
8.2 – Delivery times The delivery times indicated are the average processing and delivery times. These times are provided for information purposes only. Failure to observe these delivery times may not give rise to any form of request for compensation on the part of the Customer. If, due to exceptional circumstances, we are unable to send your order within 15 days of the email confirming the order, you may cancel the order without cost and the reimbursement of the order will be guaranteed. The sums already paid by the Customer will be reimbursed to him within 30 days of receipt of the cancellation request. If, upon receipt of the parcel, the product does not comply, the Customer has a period of 15 calendar days after receipt of his order to inform the Seller of this in writing (by email or post). After this period, the order is considered de facto to have been delivered and accepted by the Customer and no exchange or reimbursement may take place. The Seller reserves the right to split the delivery of products in line with their availability. If the delivery of an order is split, the last product is delivered within a period of 15 days. When a product offered on the Website consists of various articles, this product is not split for delivery. The goods ordered are transported entirely at the risk of the Customer. The goods risk is transferred at the moment they are paid for by the Customer. Any damage or loss during transport is borne by the Customer. The Seller takes great care with the packaging of the products, but cannot avoid the possibility that biscuits or other products may break during transport or be damaged in another way. The Seller may not incur any liability in this respect.
Article 9 - Complaints
9.1 Any visible damage or quality defect affecting the goods or other defect upon delivery must be reported immediately to the Seller and at the latest within a period of two months, upon penalty of forfeiture of all rights. If there are any questions or complaints concerning the conformity of the products delivered, the Customer can contact: Desobry SA – Online boutique 1, Rue du Vieux Colombier 7500 Tournai Tel.: +32 (0)69/89.17.92 Email: email@example.com Website: www.desobry.be
9.2 In the context of the out-of-court settlement of disputes, the Consumers Mediation Service of the Federal Public Service for the Economy is competent to receive all requests for out-of-court settlement of consumer disputes. This service will deal with the request itself or transfer it to the qualified entity. You can contact the Consumers Mediation Service via the following link: http://www.mediationconsommateur.be. In the event of a cross-border dispute you can, in addition, call upon the "Online Dispute Resolution" platform of the European Union via the link: http://ec.europa.eu/odr.
Article 10 – Warranty
The articles ordered are covered by the statutory warranty only. The warranty on perishable products applies only until the use-by date as indicated on the packaging. Barring imperative statutory provisions, the Seller is not answerable for damage caused (directly or indirectly) by the products delivered. The liability of the Seller may not be incurred in the event of force majeure, accidents or improper use of the product by the Customer
Article 11 - Respect for privacy
When the Customer’s details are entered on the Website, personal data within the meaning of the law on the protection of privacy are transmitted. The personal data provided by the Customer will be processed by the Seller for the following purposes: the fulfilment of the contract between the Customer and the Seller, including invoicing and the delivery of the products purchased by the Customer. The data may also be processed for the purpose of promotion and prospection and to provide information to the Customer about the Seller and his products and services. If the Customer does not wish his data to be processed for this purpose, he can inform the Seller of this in writing. Upon written request, the use of personal data will then be limited to the objectives mentioned in the first paragraph of this article. The Customer has the right to access data concerning him and can correct them. To this end, he simply has to contact the Seller in writing at the address given in the contact information in Article 11, proving his identity. The Customer himself takes responsibility for the management of his identifier and his password which are strictly personal. The Customer guarantees the Seller in respect of any damage resulting from the improper use of an identifier and a password.
Article 12 – Contact details
You can contact the biscuit maker ‘Desobry SA’ by post at the address 1, Rue du Vieux Colombier, 7500 Tournai, BELGIUM or by email at the address firstname.lastname@example.org or email@example.com.
Article 13 - Modification of the Terms and Conditions
These Terms and Conditions may be modified at any time without prior notification. Any purchase made after the modification of these Terms and Conditions as published on the Website implies acceptance of the new Terms and Conditions by the Customer. Customers are therefore advised to consult the text of the Terms and Conditions regularly. The Terms and Conditions can be supplemented or modified by other terms and conditions if express reference is made to them prior to the purchase made by the Customer.
Article 14 – Proof
The Customer agrees that electronic communications (e.g. emails), files (e.g. shipment reports) and backup copies may be used for the administration of proof.
Article 15 – Liability
The Customer accepts liability for the use he makes of the Website and the online boutique. The Seller is not liable for any failure or non-availability of the online boutique further to a technical malfunction. The Seller is not answerable for the loss suffered by the Customer further to the circulation of a virus via the online boutique.
Article 16 – Applicable law – Competent courts Belgian law applies to the formation, interpretation, fulfilment and termination of the contract between the Customer and the Seller. In the event of a dispute, the courts of the legal district of the registered office of the Seller have jurisdiction.
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