GENERAL CONDITIONS - DISTANCE SALE
1. General provisions
These general conditions define, without prejudice to the application of special conditions, the respective obligations of Tanali SRL - Lovely Taacha, represented by Nathalie Van de Vyver - van Eeckhoudt in her capacity as partner, on the occasion of all its services. , whose registered office is located at Avenue de la Raquette 18, 1150 Brussels, e-mail: firstname.lastname@example.org - GSM: +32 477 47 15 50 referenced at the Banque Carrefour des Entreprises under the company number 0835.939. 664, hereinafter referred to as the "seller", and any professional buyer or any consumer wishing to make a purchase via the seller's website, hereinafter referred to as the "buyer".
The buyer expressly acknowledges having had access to, having read, understood and accepted them without reservation, it being understood that any order for a product via our website implies consultation and express acceptance of the general conditions. of sale. These general conditions of sale can be saved or printed by the customer.
The provisions which are not expressly derogated from continue to apply. Only derogations that are the subject of an express written agreement may modify the application of these general conditions. It is agreed that the specific provisions expressly accepted take precedence over the general ones, in the event of discrepancy. In addition, it is expressly agreed that in case of conflict between the general conditions of the customer and those of Lovely Taacha, only the latter will prevail.
The seller reserves the right to be able to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
We hear by :
Buyer: any natural person having reached the age of majority and having full legal capacity or, failing this, the legal representative of this person. In the latter case, the legal representative is required to comply with these general conditions.
Consumer: any natural person who acquires or uses for purposes excluding any professional or commercial nature of products placed on the market.
2. Characteristics of the goods and services offered
The products and services offered are those which appear in the catalog published on the seller's website, within the limits of available stocks.
Each product is accompanied by a description drawn up by the seller on the basis of the description provided by the supplier.
The photographs in the catalog are provided for informational purposes only and represent a faithful image but are not of a contractual nature insofar as they cannot ensure perfect similarity with the physical products.
The buyer, who wishes to buy a product or a service, must:
Being older than 18
Complete the identification form or give his customer number if he has one;
Complete the online order form giving all the references of the products or services chosen;
Validate your order after checking it;
Acknowledge having read these general conditions and have accepted them;
Make the payment under the conditions provided;
Confirm your order and payment.
The sale is deemed to be perfect upon confirmation of the order by the seller.
No shipment of goods will be made without confirmation of the order and receipt of full payment thereof.
Products and services are offered while stocks last. In case of unavailability of an item, the seller will inform the buyer by email as soon as possible. The latter will have the possibility of choosing between waiting (in the event of temporary unavailability) or canceling the order of unavailable items free of charge.
These conditions apply throughout the duration of the order, our services as well as the delivery of goods as well as to all relations between the buyer and the seller.
5. Delivery - transport
Deliveries are made to the address indicated on the order form which can only be in the geographical area mentioned in article 8 of these general conditions. Delivery to a post office box or to an address marked "postal sector" will not be accepted.
In the event of absence during delivery to the address communicated by the buyer, the latter can contact the seller within 48 hours in order to agree on another delivery date. Failing this or if the buyer omits or refuses to take delivery of the goods ordered, the seller reserves the right to demand the execution of the contract or to consider, after prior notice, it as being automatically terminated. to the wrongs of the buyer. In the latter case, the seller will retain an amount equivalent to 30% of the sale price as compensation.
In the event of sale to a consumer, the goods are transported at the risk of the seller until delivery of the goods to the delivery address specified by the buyer. From that moment on, the buyer alone assumes the risks. In the event that the delivered goods are damaged, the buyer is obliged to refuse the goods or to accept them subject to a written reservation on the carrier's delivery note, to be completed together by the customer and the carrier. Any complaint relating to the goods delivered must be received by the seller within 5 days of the date of receipt. The complaint must be sent exclusively by registered letter to the head office: Avenue de la Raquette, 18, 1150 Brussels, and be accompanied by a copy of the purchase invoice and the delivery slip completed with the written reservation mentioned above. After this period, no subsequent claim for apparent defects will be taken into consideration.
In the event of sale to a professional, transport is at the buyer's risk.
The delivery times communicated by the seller are strictly indicative in the absence of a written agreement to the contrary.
The classic deadlines are:
15 working days from receipt of payment depending on available stocks for items such as bath, table and household linen;
30 working days from receipt of payment depending on available stocks for isothermal lunch bags, cool isothermal bags, tote bags, travel tote bags, duffel bags, travel duffel bags as well as any other fashion accessory and sets made to measure table cloths and tablecloths.
In the event of a delay in delivery, if it is at least fifteen working days and only as part of a non-personalized order (item regularly in stock), the buyer may renounce his purchase without compensation, for neither of the two parties, provided that he notifies the seller by e-mail within 3 days of the seller's notification of the delay in delivery. The buyer will then be reimbursed by bank transfer to his bank account for the total amount of his order including transport costs (if incurred during the order) within 15 working days. The parties will then be fully released from their respective obligations.
In all cases, the following circumstances release the seller from his obligations in terms of time:
1 - Cases of force majeure (including, in particular, strikes, technical incidents, supplier delay and labor shortage);
2 - If the payment conditions are not respected;
3 - If changes are decided by the customer after the order;
4 - If the customer does not provide us with the desired information within the specified period.
The prices of the products and services displayed on the site are indicated in euros all taxes included (VAT and other applicable taxes).
The prices indicated do not include transport costs, these being the subject of a separate item when ordering.
The seller reserves the right to modify its prices at any time. However, the prices applicable to the order are those in effect at the time of confirmation thereof.
The seller reserves the right to pass on to his prices the changes in the rate of VAT which would occur before the delivery date.
7. Payment terms
Payment is made by credit card, Visa or Mastercard.
The items ordered remain the exclusive property of the seller until full payment of the order by the buyer.
8. Geographical areas
The online sale of the products and services presented on the seller's site is reserved for buyers residing in Belgium, France, Luxembourg and the Netherlands and for deliveries required in this geographical area.
9. Right of withdrawal
In accordance with the law, the consumer has the right to notify the seller that he renounces his purchase, without penalty and without giving any reason, within 14 clear days from the day after the day of delivery of the goods or of the conclusion of the service contract. This right of cancellation does not belong to the professional buyer.
The consumer buyer can also complete the process by sending us back the following form: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
The consumer is informed that he cannot make use of his right of withdrawal in the following cases (article VI.53 of the Code of economic law):
Supply of goods made to the consumer's specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
Supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
Supply of digital content not supplied on a tangible medium if the performance has started with the express prior consent of the consumer, who has also acknowledged that he will thus lose his right of withdrawal
Within this period, the consumer must notify his decision to withdraw by means of an unambiguous declaration either by email to the following address: email@example.com or by mail to the address of our head office as mentioned. above. In the event of withdrawal, the seller will reimburse all payments received from the buyer, including delivery costs but not return and without undue delay.
Return costs are the responsibility of the buyer and the goods travel at his own risk.
The good must be returned in its original packaging, accompanied by all its accessories, the user manual and must not have been the subject of any degradation other than that resulting from the handling necessary to establish its nature, characteristics. and proper functioning.
The seller reserves the right to make only a partial refund if it turns out that the returned item has been damaged or is incomplete.
10. Legal warranty
The buyer acting for private purposes benefits from the legal rights under the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer goods.
In accordance with article 1649quater §2 of the Civil Code, the consumer is required to inform the seller of the existence of a lack of conformity within two months from the day on which the consumer noticed the defect.
For second-hand goods, the warranty period is one year from the date of delivery of the goods.
This warranty only covers any lack of conformity existing at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, drop or shock, neglect and wear and tear, are not covered by the warranty. Likewise, repairs carried out by technicians not approved by our services will void the warranty.
The invoice or the delivery slip acts as a guarantee and must be kept by the consumer and produced as an original.
The professional buyer benefits from the manufacturer's warranty.
11. After-sales service
The Tanali SPRL - Lovely Taacha After-Sales Service is responsible for repairing wear and tear on your items, as well as repairs occurring within the framework of the implementation of the Tanali SPRL - Lovely Taacha Guarantee.
To contact our After-Sales Service, we invite you to contact us preferably by e-mail firstname.lastname@example.org .
Your article will be forwarded to our workshops who will make the appropriate decision:
* In the event of a manufacturing defect noted and validated by our workshops, we repair your item free of charge or replace it with a new item of equivalent value.
* For used items, the repair will be chargeable. An estimate will be offered to you if the damage observed results from your own doing or that of a third party.
* Your item will not be repaired if it is too worn. It will then be returned to you as is.
The refund will be made no later than 14 working days following the date of receipt of the goods subject to the withdrawal request or following the date of receipt of proof of the return of said goods. The refund will be made to the account through which the order was paid.
The seller, in the online sales process, is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet network and online payment such as loss of data, intrusion, virus, interruption of service, or other unintentional problems.
The data on the site are communicated in good faith. The links offered to the sites of manufacturers and / or partners are given for information only and have no contractual value. The seller cannot be held responsible for information from these sites.
The buyer is responsible for the choice and use of the product delivered by the seller. He certifies that he is 18 years old when ordering. The seller declines all responsibility in the event of inaccuracy of the information communicated to him by the buyer.
14. Intellectual property
All the elements of this site as well as its texts, drawings, photos, illustrations, possible films, data, databases, software, domain names, logos and any other element which appear there remain the exclusive intellectual property of the seller. Any copying, adaptation, translation, arrangement and / or modification, in whole or in part, in any form and by any means whatsoever - electronic, mechanical or otherwise - is strictly prohibited without the prior written permission of Lovely Taacha. Any breach of this clause may result in civil, commercial and / or criminal proceedings.
15. Salvation clause
The invalidity, non-applicability or illegality of one of the clauses provided for in one of the contracts agreed between the parties (specific and general conditions or other agreements), does not entail the invalidity or nullity of the other provisions. to the contract. All the clauses remain fully valid.
Except for payment proceedings, the parties undertake to attempt to resolve by mediation or conciliation any dispute relating to the validity, interpretation or execution of this agreement.
This will begin no later than the 15th clear day following the request for mediation or conciliation notified by one of the parties to the other party. Unless the parties expressly agree to the contrary, the duration of the mediation or conciliation may not exceed 30 clear days. Once this deadline has passed, the parties will again be free to bring their dispute before the courts and tribunals.
The buyer acting for private purposes has the possibility in the event of a dispute to lodge a request with the Mediation Service for Consumers. Information on alternative dispute resolution methods can be obtained via the link http://www.mediationconsommateur.be/fr .
However, we reserve the right to submit any possible dispute exclusively to the courts. In the event of a dispute, the courts of the head office of the seller are competent, unless legally binding provisions to the contrary.
The applicable law is Belgian law, in the French language. The competent courts are the courts of Brussels.
The parties accept electronic means of proof as part of their relations.