TERMS OF SALES
1.PRESENTATION – DEFINITIONS
a. The Seller: SPRL GREVESSE GLOBAL, ROOSEVELT CHAUSSEE No. 128, 4540 AMAY, BCE No. 821.726.095 (VAT BE0821.726.095), operating an online sales activity under the trade name “Adrien ALEXANDRE – Florist”, via the website www.adrienalexandre.be (“Website”) which is his full property.
b. The Seller can be contacted by mail to the address of his head office, and to the email address firstname.lastname@example.org as well as via a contact form.
c. For the application of these general conditions of sale, are considered as:
- General Conditions: these general conditions of sale
- Customer: Any customer whether consumer or professional
- Consumer: any person who acquires goods for purposes that exclude any professional nature;
- Business customers: any natural or legal person who acquires goods for professional purposes
- The Recipient: the person to whom the order is intended
2.ACCEPTANCE OF THE GENERAL CONDITIONS
The use of the website, as well as any order sent to the Seller necessarily implies, as an essential and decisive condition, the unconditional acceptance of the General Terms and Conditions of Sale by the Customer, which are applicable only, to the exclusion of any other unless expressly provided otherwise.
3.CHARACTERISTICS OF THE PRODUCTS OFFERED
The Seller offers, via the Website, different types of products, within the limits of available stocks, including the sale of flowers and plants (bouquets, compositions, wreaths, etc. made with the greatest care by the Seller) and decoration items, which he is in charge of delivering.
Products involving plants are considered as goods likely to deteriorate or expire quickly and are therefore subject to special rules, including the right of withdrawal.
The products offered for sale on the Website are accompanied by a description prepared by the Seller and illustrated by photographs that have an illustrative value and are not contractual. The photographs are as faithful as possible but can not ensure a perfect similarity with the product, especially as regards the colors.
The Customer can enclose his order with a personal word which will be printed either on a white card, or on a ribbon (for some specific products, such as spray of flowers) and delivered with the product.
Prices announced on the Website include all taxes, excluding delivery charges. Seller reserves the right to change prices at any time. Nevertheless, the products will be invoiced on the basis of the rates in force at the time of the confirmation of the order. Any dispute relating to the price must be made in writing and sent to the head office of the Seller, within 15 days of payment.
Promotional codes and other discounts are valid only for the duration announced and subject to the conditions provided. These are not cumulative.
For any order, a cash payment is required and any late payment will imply, legally and without notice, the payment of interest at the legal rate, from the due date of the invoice, as well as an indemnity 10% of the amount due, with a minimum of 25 €.
Unless the Seller hears to the contrary, the invoice will be sent by e-mail to the Customer.
Notwithstanding article 1583 of the Civil Code, the goods sold, delivered or installed remain the exclusive property of the Seller until full payment of his invoices. Notwithstanding this right of retention, all the risks of loss and damage relating to the property concerned are transferred to the Customer upon taking possession.
To place an order via the Website, it is necessary to register by providing a valid e-mail address and a password, which give access to a customer area. The Customer must also provide their billing information (including their telephone number to limit delivery problems, in particular). Each Client must take care to protect his account against any fraudulent use. This protection implies in particular a password sufficiently elaborated and strictly confidential. The Customer must notify the Seller as soon as possible of fraudulent use of his account.
The order is validated only after the actual payment made by the Customer on the Website, via the proposed payment systems, and receipt of a confirmation e-mail (If the Customer has provided a valid email adress).
The delivery of the product is carried out by the Seller (or a third party designated by him), according to the means of transport of his choice, in the zones of delivery which he admits, to the address indicated by the Customer.
6.1. Delivery time and date
As far as possible, delivery will take place on the date requested by the Customer, according to the requirements of deadlines set out below.
From Monday to Friday, for orders placed before twelve o’clock, a delivery the same day can be made (between 13 and 19) and for any order placed after twelve o’clock, the delivery will take place the next day (or on the desired date). Orders placed on Saturday before twelve o’clock will be delivered on Monday and orders made on Saturday afternoon will be delivered on Tuesday. Unless otherwise stated on the website, no delivery takes place on Sundays and public holidays. In this case, the delivery is made the next day or the day after, according to the time at which the order was validated.
For important holidays (Valentine’s Day, Mother’s Day, etc.) specific delivery times may be provided and will be provided on the website. Thus for Mother’s Day, delivery takes place on the previous Saturday.
The deadlines are given for information. Any passing delivery time can’t give rise to damages or any refund.
6.2. Accuracy of the delivery address
The Customer is solely responsible for the delivery data provided and must communicate all relevant information. Delivery can only take place in the geographical areas validated by the Seller.
For deliveries outside a private home (office building, hospital, hotel, etc.), delivery is only guaranteed up to the reception desk / lobby. For these specific deliveries, it is all the more important for the Customer to communicate as much information as possible (room number, floor, company name, maiden name for married ladies, service concerned, etc.).
If the data provided by the Customer to the Seller incomplete and / or inaccurate, the Seller can’t be held responsible for the impossibility of delivering the product and the Customer can’t claim any refund.
6.3. Absence / Refusal to take delivery
In the absence of the Recipient, the Seller will leave a notice, by inviting the Recipient to pick up the product ordered at its head office during business hours, within 48 hours (for products including flowers) or 30 days (for other types of products). Seller may provide a second pass on the same day, at its sole initiative.
If the recipient fails to take delivery of the goods within the time specified in the notice of passage, the product will be considered as delivered and the order made. The Customer can’t claim any refund or compensation.
If necessary, the Customer informed of the absence of the Recipient (or the Recipient himself) may request a new delivery (within the time limits), subject to payment of a surcharge. The Customer also has the possibility to indicate that, in case of absence of the Recipient, the goods delivered can be deposited on the doorstep, near a neighbor, etc. In this case, the Seller can in no way be held responsible if the goods are not delivered to the Recipient.
If the Recipient refuses to take delivery of the goods, the Customer will be informed. He may then come to withdraw goods at the head office of the Seller within the prescribed time, according to the conditions stated above, without being able to claim any refund or any compensation due to the refusal of delivery.
7.1. For Consumers:
The goods are guaranteed against apparent defects and defects of conformity, subject to compliance with Article 8 of the General Conditions (“Claims”).
In accordance with legal requirements, new goods are guaranteed against any lack of conformity for a period of two years, from the provision of the good by the Seller to the Consumer. If the lack of conformity appears after a period of six months from the delivery of the goods, proof of the existence of the defect at the time of delivery must be proven by the Consumer. A good complies if it meets the requirements of article 1649 ter of the Civil Code.
In case of lack of conformity, the Consumer will have the right, unless it is impossible or disproportionate, to require the Seller to repair the good or its replacement, all within a reasonable time, and without costs or major inconvenience to the Consumer .If the Consumer is not entitled to repair or replacement of the goods, or if the Seller has not made the repair or replacement within a reasonable time or without any major inconvenience to the Consumer, the Consumer shall have the right to require the Seller to reduce the price adequately or, in the event of a serious defect, to terminate the contract, excluding any claim for additional damages. It shall be taken into consideration of the aggravation of the damage resulting from the use of the goods by the Consumer after the moment when he found the lack of conformity (or should have noticed it).
This clause does not preclude the guarantee of hidden defects of the thing sold, as provided for in articles 1641 to 1649 of the Civil Code and the specific provisions of the General Conditions.
7.2. For Business customers:
Subject to the provisions of Article 8, hidden defects are covered by the guarantee for a period of one year, from the time the goods are made available to the Customer by the Seller. Beyond one year, the legal guarantee applies if the hidden defect existed at the time of delivery, and provided that it makes the good unfit for the use for which it is intended.
The Customer must notify the seller of the latent defect by registered letter as soon as possible and in any case within 7 days from the day on which he discovered the defect or should have noticed it. The Seller will decide, in its sole initiative, the most appropriate means to remedy defects or non-compliance, either the refund of a portion of the purchase price or the replacement of the good, or the resolution of the sale, without the Client being able to claim any other compensation.
The Seller provides Customers with information about the goods that receives them from the suppliers. The Seller is not liable for any damage caused by the use of the goods, whether the damage is caused to the Customer, his goods or third parties, even during the guarantee period.
Products that are deliberately or negligently damaged (breakage, humidity, inadequate temperature, oxidation, liquid infiltration, electrical surge, fire, or other force majeure) and products with traces of opening (or repair and / or modifications made by a third party not authorized by the Seller); similarly, this guarantee is not applicable to the extent that the damage results from wear, transport, misuse and / or non-compliance with the instructions contained in a user’s manual.
No application of the guarantee can have the effect of extending the duration.
8.CANCELLATION – CLAIM – RIGHT OF WITHDRAWAL
An order placed with delivery scheduled the next day can’t be canceled. For the rest, Consumers have the right to cancel their order until 24 hours before the scheduled delivery date. In this case, the refund will be made within 14 days of the date on which the Seller is informed of the Consumer’s decision to withdraw from the contract exercised in accordance with this article. However, in case of late cancellation, the order can’t be refunded.
The goods must be examined on the day of delivery, to check if it corresponds to the order made. Claims must be made by the Customer as soon as possible, i.e. in accordance with the legal deadlines for Consumers (2 months from the date of detection of the defect) and within 7 days of delivery for the Business customers. After this period, the goods and services will be presumed to have been definitively approved by the Customer, the apparent defects being irrefutably presumed non-existent. Complaints must be sent by registered letter to the head office of the Seller and must be accompanied by a copy of the invoice and the delivery note.
8.3. Right of withdrawal
Except for products involving plants (see below), the Consumer has a period of 14 days to withdraw from the contract, without having to justify his decision and incurring costs other than those of delivery to return the good at the head office of the Seller. The period of 14 days begins to run from the delivery of the good. After the 14 day period, the Seller will no longer be able to accept the return, and may return it to the sender.
To exercise his right of withdrawal, the Consumer must inform the Seller in writing, with an acknowledgment of receipt, of his decision before the expiry of the 14 day period, by one of the following means:
– use the model withdrawal form in Annex 2 of Book VI. (“Market Practices and Consumer Protection”) of the Code of Economic Law
– make another unambiguous statement setting out his decision to withdraw from the contract
The Consumer applying his right of withdrawal must return the goods to the Seller, at the latest 14 days after the communication of his decision to withdraw from the contract. The Consumer bears the direct costs incurred by the return of the goods, as well as the risks related to this return.
Without prejudice to the Consumer to perform the necessary manipulations to enable him to establish the nature of the goods, its characteristics and its own functioning, the goods must be returned to the Seller in the new condition, in their original packaging also in perfect condition, without being used. If the Consumer uses the good before the deadline of 14 days, he waives his right of withdrawal. The returned product must be accompanied by the invoice and the delivery note. Any return whose sender can’t be identified will be refused.
The refund of the order will take place within 14 days following the date on which the Seller is informed of the Consumer’s decision to retract from the contract exercised in accordance with this article, using the same means of payment as that used for the initial transaction, and provided that all return conditions have been strictly observed and that the Seller has recovered the products. The amount refunded will in all cases be limited to the amounts actually paid by the Consumer. The Seller does not refund the additional costs associated with choosing a delivery method other than the less expensive standard delivery method it offers.
For orders for bouquets and any other product involving plants, the Consumer can’t exercise the right of withdrawal provided for in the General Conditions, as these goods are likely to deteriorate or expire quickly. The right of withdrawal is also inapplicable for:
– service contracts after the service has been fully performed if the execution has begun with the prior express consent of the Consumer, who is informed that he will lose his right of withdrawal once the contract has been fully executed by the Seller;
– the supply of goods made according to the specifications of the Consumer or clearly personalized;
– the supply of sealed goods that can’t be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
In the cases specified above, the Customers will not be able to return the goods, nor demand their refund or any compensation.
The Seller can’t be held responsible for direct or indirect damage (loss of exploitation, loss of profit, loss of chance …) regardless of resulting from the use of the Website, the fact of having done call to his services or products delivered, except in the case of fraud or gross negligence on his part, his employees or agents.
The Seller accepts no responsibility for incomplete delivery data and / or refusal to take delivery of the product.
Regarding the Website, the Customer uses it at his own risk. The Seller provides the Website as is, with all its imperfections and according to its availability. Customer acknowledges and agrees that the computer and telecommunications systems are not free from defects and that service interruptions may occur. The Customer remains solely responsible for the information he transmits via the Website and the consequences to be reserved. The Seller assumes no responsibility for the information provided by the Customer when creating an account and / or any other information encoded via the Website by the Customer. The Seller declines all responsibility in case of loss and / or disclosure to third parties of information provided by the Customer via the Website. The Seller can’t guarantee that the transmission of data via the Website or other telecommunication systems is not monitored, recorded or distorted by third parties. The Seller also incurs no liability for the content of the sites of third parties to which it establishes a hyperlink, especially with regard to the protection of privacy. The Seller can’t be held responsible for errors that appear in the texts and photos used in the description of products and services sold. The Seller declines all responsibility for any damage resulting from a malfunction or improper use of the products sold, except in case of fraud or gross negligence on its part, its employees or agents.
The rules on consumer protection apply in the context of relations between the Seller and a Consumer. The Seller’s liability can’t be extended beyond the statutory legal provisions laid down in the law (Book VI: Market Practices and Consumer Protection of the Code of Economic Law).
In any case, the responsibility of the Seller remains in all cases limited to the sums paid for the order which generated the call to the responsibility of the Seller.
10.CASE OF FORCE MAJEURE
The Seller can’t be held responsible for the non-fulfillment of orders and / or delivery, in case of force majeure such as disruption or total or partial strike, in case of blockage of road access and means of transport and / or communications, flood, fire, accident, etc.
Unless otherwise indicated by the Customer, information concerning him will not be provided to the Recipient and will be used by the Seller only in the context of the processing of his order.
These provisions respect the privacy of the customer in accordance with the General Data Protection Regulation (GDPR) and other binding provisions of Belgian law in this area.
The person responsible for the processing of personal data is the Seller.
The personal data communicated to the Seller are processed for the management of its customers, which includes the management of pre-contractual and contractual relations, as well as the use of the data for commercial prospecting purposes (direct marketing). The Consumer may oppose, at his request and free of charge, the processing of his personal data for commercial prospecting purposes (direct marketing). At any time, the Customer may request the modification of his personal data, disable his account and / or request the deletion by sending a specific request to the Seller. The Seller may also refuse a registration or delete an account without having to justify.
The invalidity of any provision of the General Conditions has no influence on the validity of the other provisions of the General Conditions and does not entail the invalidity of these provisions.
The Seller reserves the right to modify the Terms and Conditions of sales at any time, subject to the Customer’s information. This information of the Customer will take place by e-mail, via a notification on the Website or via any other means put in place by the Seller. The Customer will be asked to agree to these new terms and conditions. Failing agreement, the Customer will no longer be able to place an order via the Website. The new terms and conditions will come into effect 30 (thirty) days after their notification to the Customer.
The Seller may assign, transfer or otherwise dispose of its rights and obligations, in whole or in part, at any time and without notice. This assignment can’t prejudice the Customers.
The Seller accepts no responsibility for incomplete delivery data and / or refusal to take delivery of the product.
All content on the Website (including text, photographs, etc.) is protected by copyright, trademark law and other intellectual property rights. These elements are the property of the Seller or other third parties with whom the Seller has entered into agreements. Therefore, any copy, publication, reproduction or any other exploitation, counterfeiting in any form whatsoever, is prohibited without the prior written permission of the Seller. Any offense may result in civil and / or criminal prosecution.
13.APPLICABLE LAW AND JURISDICTION
Relations between parties are governed by Belgian law. In the event of litigation, only the Courts and Tribunals of the judicial district of Liège, HUY division will be competent. The language of the proceedings will be French.