TERMS AND CONDITIONS FOR ONLINE SALES (Belgium)
1. DESCRIPTION
1.1 These Terms and Conditions set forth the rights and obligations of the parties in connection with the sale of products/services (hereinafter the “products/services”) via the website belgarista.co (hereinafter the “site”). These Terms and Conditions govern all sales of products made on the site.
1.2. These Terms and Conditions are entered into between, on the one hand, Maxime van Caillie, residing at 696 Chaussée de Louvain, 1030 Schaerbeek, 0497 815 661, affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Belgian Crossroads Bank for Enterprises under number 0896.755.397 (VAT BE 0896.755.397), whose registered office is located at 72, Rue Coenraets in 1060 Brussels, Belgium, hereinafter referred to as the “Seller,” and, on the other hand, the person placing an order, hereinafter referred to as the “Buyer.” The Buyer and the Seller are hereinafter jointly referred to as the “Parties.”
1.3 Any order for a product offered on the website (hereinafter the “order”) implies that the buyer has first reviewed and expressly accepted the Terms and Conditions, without such acceptance being contingent upon a handwritten signature by the buyer. In accordance with the provisions of the law of July 9, 2001, establishing certain rules regarding the legal framework for electronic signatures and certification services, the validation of the order form constitutes an electronic signature that has, between the parties, the same legal weight as a handwritten signature and serves as proof of the completeness of the order and the enforceability of the amounts due in fulfillment of said order.
1.4 The buyer represents that he or she has full legal capacity.
2. PRODUCTS/SERVICES FOR SALE
The products/services offered for sale are those listed on the website, along with a description of their key features, as of the date and time the buyer views the website, and subject to availability. The seller makes every reasonable effort to display the availability of products/services in real time on the website, but cannot be held liable if a product is no longer available to fulfill the order placed by the buyer. In the event that any of the ordered products or services are unavailable, the buyer will be notified and will have the option to either modify their order or cancel it; in the latter case, they will be refunded the amount of their order if payment has already been made.
3. PRICES OF THE PRODUCTS/SERVICES LISTED
3.1 The price of each product is displayed on the website (hereinafter the “purchase price”) in euros and includes VAT. This price is valid in countries where delivery is available through the website and does not include handling and shipping fees, which are also the responsibility of the buyer, nor does it include any discounts or gift certificates granted to the buyer on an individual basis. The seller reserves the right to modify its prices at any time, but the products/services will be billed based on the purchase price in effect at the time the order is confirmed.
3.2 When placing an order, the buyer agrees to pay, in addition to the purchase price of the products/services ordered, the preparation and delivery fees (hereinafter the “fees”). These fees vary depending on the type and quantity of products/services ordered and the selected delivery method, and include VAT. The buyer can view the amount of these fees on the website by checking their “Cart,” where a calculation of the total amount corresponding to the purchase price of the products/services and the fees is displayed. The seller reserves the right to modify the amount of the fees at any time, but the fees will be billed based on the rates in effect at the time the order is confirmed, and subject to availability. These fees remain due and will not be refunded if the buyer returns all or part of the order pursuant to their right of withdrawal.
3.3 Products/services are delivered only to countries where the website authorizes delivery. Buyers who wish to have their order delivered to one of the authorized countries but to an island within that country will be charged an additional delivery fee. Any incorrect delivery address is the buyer’s responsibility and may result in additional charges. The delivery times indicated are not binding but are provided for informational purposes only. No delay in delivery shall give rise to the payment of damages to the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any amounts paid by the buyer will be refunded without interest or any other form of compensation.
4. ORDERING PROCEDURES
4.1 To place an order, the buyer must complete the order form provided on the website, including the information necessary for identification, such as their last name, first name, and shipping address. The seller cannot be held liable for any consequences resulting from the provision of incorrect information. After completing the order form, the buyer is invited to finalize the order process by clicking on “Confirm my order.” By doing so, the buyer declares that they fully and unreservedly accept these Terms and Conditions in their entirety and agrees to pay the full amount due, consisting of the purchase price plus any applicable fees, minus any applicable coupons.
4.2 The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer upon registration (hereinafter the “order confirmation”). This order confirmation will include, in particular:
1. the main characteristics of the goods or services ordered;
2. the seller’s identity, including their business registration number and trade name;
3. the seller’s physical address, telephone number, and email address;
4° the total price of the goods or services, including all taxes and any additional costs for transportation, delivery, and other charges;
5° the terms of payment, delivery, and performance, and the date by which the business undertakes to deliver the goods or perform the services;
6° the procedures established by the business for handling complaints;
7° the conditions, time limit, and procedures for exercising the right of withdrawal;
8° the conditions under which the consumer will not be entitled to the right of withdrawal, as set forth in Art. VI. 53 of the Economic Law Code and Art. 7 of the GTC;
9° the existence of a two-year warranty of conformity, as provided for in Articles 1649bis to 1649octies of the Civil Code, and a warranty against hidden defects, as provided for in Articles 1641 to 1649 of the Civil Code, and in Article 10 of the GTC;
10° the possibility of contacting the European Online Dispute Resolution platformto initiate an out-of-court settlement procedure.
The data recorded by the seller, together with the order confirmation, shall constitute proof of the contractual relationship between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in the event of a dispute with the buyer, total or partial non-payment of a previous order, or refusal of credit card authorization by the banking institutions. In such cases, the seller shall not be held liable under any circumstances.
5. PAYMENT TERMS
5.1 Payment for purchases can be made by Visa or Mastercard credit cards, “Maestro” debit cards, or via PayPal.
5.2 The products ordered remain the property of the seller until full payment of the purchase price and the fees indicated at the time of the order.
6. DELIVERIES
6.1 Delivery is made by the seller within Belgium (any taxes and import duties are the responsibility of the buyer).
6.2 The order is delivered to the address provided by the buyer.
6.3 For deliveries to Belgium, the seller will make every effort to ensure that the order is shipped to the delivery address within 5 business days of order confirmation and receipt of payment. The delivery person will arrive at this address between 8:00 a.m. and 6:00 p.m. on business days and will hand over the package(s) to the recipient or any other person present at the specified address. If no one is present, a notice will be left at the delivery address. It will then be the buyer’s responsibility to contact the delivery person to arrange either a new delivery date at the same address, a new delivery date at a different address, or pickup at the nearest post office. If this is not done within 15 days 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 charges may be billed to the buyer.
6.4 For deliveries outside Belgium, the seller will make every effort to ensure that the order is delivered within 15 days of the order being confirmed. Delivery terms will be determined by the postal services of the country in question.
6.5 If the buyer has designated the carrier, the risk passes to the buyer at the time the ordered products are made available to the carrier. Proof of such availability will be provided by the tracking system used by the carrier.
6.6 It is the buyer’s responsibility to inspect shipments upon arrival and to raise any reservations or complaints that appear justified, or even to refuse the package if it appears to have been opened or shows obvious signs of damage. If there are any complaints following receipt of the order, you must send an email to elbelgarista@gmail.com with the subject line “Delivery Complaint,” including supporting photos, within 48 hours of receiving the order.
7. RIGHT OF WITHDRAWAL AND RETURN POLICY
7.1 If the products or services purchased on the website do not meet the buyer’s expectations, the buyer has fourteen (14) calendar days, starting from the day after delivery, to cancel the purchase without penalty and without providing a reason, in accordance with the Belgian Economic Law Code.
Within this period, the buyer must notify the seller of their intention to exercise their right of withdrawal, as follows:
- Send an email to elbelgarista@gmail.com - Provide the buyer’s first and last name - Provide a detailed description of the item(s) in question, including the invoice number and date
or
- Fill out the form available on the FPS Economy website (https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf)
7.2 Returns to the seller must be sent to the following address, unless otherwise instructed to the buyer, using any means of transportation chosen by the buyer, who must retain proof of shipment.
696 Chaussée de Louvain, 1030 Schaerbeek
7.3 If the buyer prefers an exchange rather than a refund, they should specify this in the email, and the seller will inform them of the item’s availability as well as any additional amount due or partial refund, if applicable.
7.4 All costs and risks associated with shipping the returned items are the responsibility of the buyer.
7.5 If the buyer exercises their right of withdrawal within the aforementioned time limit and returns the products no later than fourteen (14) days after notifying the seller of their decision to withdraw, in accordance with the terms set forth in the preceding paragraphs, the seller agrees to refund the purchase price to the buyer, provided that it has already been paid, upon receipt of the products by the seller.
7.6 In the event of a refund for returned products or services, the seller will credit the credit card used to pay for such products with an amount equal to their purchase price, less any gift cards or discounts applied at the time of the order. The refund to the buyer will be processed in accordance with the terms agreed upon with the card-issuing bank.
7.7 The buyer may not exercise their right of withdrawal and/or exchange if the delivered products have clearly been used, have been damaged, are missing parts, or have had their labels removed.
7.8 Products must be returned properly protected, in their original packaging, in perfect condition for resale (not damaged or soiled by the customer), along with any accessories, instruction manuals, intact and attached labels, etc., to the address provided. Otherwise, they cannot be returned or exchanged.
7.9 Products for which no accompanying information allows the sender to be identified (return number, order number, last name, first name, address) may not be returned or exchanged. Products that are returned but cannot be accepted by the seller will be held for the buyer at the seller’s location. The buyer remains obligated to pay for them. In the event of abnormal or abusive returns, the seller reserves the right to refuse any future orders.
7.10 Finally, custom-made or personalized products/services cannot be returned or exchanged under any circumstances.
7.11 The seller must post on the website the terms, time limit, and procedures for the right of withdrawal, as well as a model withdrawal form.
8. PROTECTION OF BUYERS' PERSONAL INFORMATION
8.1 The seller collects personal data about buyers, which is provided to the seller on the website or via email. The seller agrees not to disclose this data to third parties. This data is confidential. It will be used by the seller’s internal departments solely for order processing, to enhance and personalize communication—including through newsletters and emails—as well as to customize the website based on buyers’ observed preferences, or for credit monitoring purposes.
8.2 The seller therefore does not sell, market, or rent information about buyers to third parties. In the event of the transfer or use of personal data by third parties, the seller agrees to inform the buyer in advance and to allow the buyer to exercise their right to object. The seller may also provide aggregated statistics regarding its buyers, sales, transaction patterns, and website information to trusted third parties; however, these statistics will not contain any personal data. This provision shall not, however, prevent the sale or transfer of business operations to a third party.
8.3. The seller retains personal data only for as long as is necessary to achieve the specific purposes for which the processing is carried out. To determine the appropriate duration, the following factors are taken into account: the amount, nature, and sensitivity of the personal data; the purposes for which it is processed; and the possibility of achieving those purposes by other means. The need to comply with legal and regulatory obligations is also taken into account. When the data is no longer necessary, it is destroyed.
8.4. The buyer has the right to:
to request information to determine whether the seller holds any personal information and, if so, what that information is and for what purposes it is processed;
to access their personal data and, where appropriate, to correct it;
to object to the processing in question on grounds relating to their particular situation;
to have such data erased or its processing restricted, which allows you, for example, to ask the seller to suspend the processing of personal data for the time necessary to verify the accuracy of certain data;
to receive personal data concerning him or her in a structured, commonly used, and machine-readable format, and to transmit that data to another controller;
to file a complaint with the Data Protection Authority if they find that such processing violates applicable laws and regulations.
The buyer may exercise the rights mentioned above by submitting a dated and signed request, accompanied, for security reasons, by a copy of their ID card. The request may be sent to the seller by mail to 696 Chaussée de Louvain, 1030 Schaerbeek, or by email, with an electronic signature, to elbelgarista@gmail.com. The exercise of these rights is free of charge. However, if the request is manifestly unfounded or abusive, access may be denied and/or reasonable fees may be charged.
9. LIABILITY
9.1. The Seller assumes only obligations of means for all stages of accessing the website, placing an order, delivery, or post-delivery services. The Seller shall not be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions, external intrusions, or the presence of computer viruses, or any event that may be classified as force majeure. In any event, the Seller’s liability under these Terms and Conditions shall not exceed an amount equal to the sums paid or payable at the time of the transaction giving rise to such liability, regardless of the cause or form of the action in question.
9.2 The seller shall not be held liable for force majeure events, such as a delay in performance or failure to perform its obligations, resulting from events beyond its reasonable control.
10. WARRANTY OF CONFORMITY
All products purchased from El BelgArista are covered by the two-year statutory warranty of conformity, as provided for in Articles 1649bis through 1649octies of the Civil Code, and the statutory warranty against hidden defects, as provided for in Articles 1641 through 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 the repair or free replacement of products that do not conform within two years of delivery, provided that the request is made before the end of this period, or within one year of the discovery of the defect, if this period is longer. If a defect appears within the first six months, the seller is generally liable. However, the seller may be exempted from liability by proving that the defect is due to misuse by the buyer. If a defect appears later, the seller may ask the buyer to prove that it is a lack of conformity that existed at the time of delivery of the goods.
11. INTELLECTUAL PROPERTY
All elements of the website, whether visual or audio, including the underlying technology, may be protected by copyright, trademarks, or more generally by intellectual property law. They are the exclusive property of the seller. The seller authorizes the buyer to place a simple link on their own website that directs users directly to the seller’s website. However, any hyperlink to the website that uses framing, in-line linking, or deep linking is prohibited. In any case, any link, even if tacitly authorized, must be removed upon the seller’s request.
12. CONTACTING THE SELLER
If the buyer has any questions about their purchase, they may contact the seller using the contact form available in the “Contact” section of the seller’s website or by emailing elbelgarista@gmail.com.
13. INVALIDITY AND ENTIRE AGREEMENT
If one or more provisions of these Terms and Conditions are deemed invalid or declared as such pursuant to a law, regulation, or a decision by a competent court, the remaining provisions shall remain in full force and effect.
14. EVIDENCE
The electronic records stored in the computer systems of the seller and its partners under reasonable security conditions shall be considered proof of communications, orders, and payments between the parties. The parties agree to accept electronic evidence (e.g., email, backups, etc.) in the context of their business relationship.
15. AMENDMENTS
The seller reserves the right to modify the Terms and Conditions and will notify buyers of the new version via the website.
16. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by Belgian law. In the event of a dispute, an amicable resolution will be sought before any legal action is taken. The buyer also has the option of contacting the European Online Dispute Resolution platformto initiate an amicable resolution procedure. If an amicable resolution cannot be reached, the courts of the judicial district of Brussels shall have exclusive jurisdiction.