General conditions of sale
Article 1. Preamble – definitions
- "General conditions" designates the hereafter stated conditions. - "Website" designates Blanc & Marine website which can be found at the following address: www.blancetmarine.com,. - "Product(s)" designates the product(s) that are the object of a sale via the website. - "Merchant" designates SPRL M.Y. Choice ventes privées, which is a société anonyme (business corporation) registered with the Crossroads Bank for Enterprises under the number BE0560.702.263 and whose head office is located at 1200 Brussels, Avenue de Broqueville, 250/12. - "User" designates the person who consults the website and carries out a purchase there. - "Parties" designates both the user and the merchant.
1.2 These general conditions govern every sale of products made via the website.
1.3 By placing an order on the website, the user accepts these general conditions to be the conditions applicable to his order to the exclusion of all other conditions previously available at the website.
1.4 These general conditions only concern users who are physical persons and not merchants.
1.5 The user who wishes to buy a product on the website declares that he has total legal capacity. Any person affected by incapacity in the sense of articles 1123 and according to the Civil Code cannot in any way make a purchase on the website, or must do so via an intermediary and under the responsibility of his legal representative. That legal representative is required to respect these general conditions.
1.6 If an instance is not regulated by these general conditions, the rights of usage applicable in Belgium with regard to e-commerce shall apply.
Article 2. Product description and availability
2.1 The products for sale are those that appear on the website with a description of their essential characteristics on the precise day and at the precise moment the user consults the website while stocks last.
2.2 The merchant implements all reasonable means to display product availability in real time on the website. He cannot be held responsible, if a product is no longer available, to honor the order confirmed by the user.
2.3 If one of the products ordered is unavailable, the user shall be informed of that and will have the possibility to either change or cancel his order. In the latter case, he shall be reimbursed the amount of his order even if he had already carried out the payment.
2.4 Photographs, texts, and other descriptive elements that illustrate the products do not enter into the framework of this agreement. If the photographs and/or texts were in any way erroneous, the merchant cannot be held responsible for that. The merchant agrees to correct any errors or omissions that may appear on the website as soon as possible after having been informed of them.
Article 3. Purchase price and shipping and handling fees
3.1 Purchase price of the product
3.1.1 The price of each product (hereafter "purchase price") is indicated on the website in euros including VAT. This price is valid in Belgium. It does not include shipping and handling fees, which are also the responsibility of the user, nor any deductions from discounts or purchase vouchers personally accorded to the user.
3.1.2 The merchant reserves the right to change his prices at any time. The products will be billed at the purchase price applicable at the time the order is confirmed by the user, subject to availability (cf. Art. 2).
3.2 Shipping and handling fees
3.2.1. When the user places an order, he agrees to pay, in addition to the purchase price of the order products, the shipping fees (hereafter "fees") relating to those products. These fees vary depending on the type and quantity of the products ordered and are to be understood as including VAT.
3.2.2. The user can consult the amount of these fees on the website by clicking on the "shopping basket" where a calculation of the total amount of the order, corresponding to the purchase price of the products plus the fees, is displayed. The merchant reserves the right to change the amount of the fees at any time. The fees will be billed based on the rates applicable at the time the order is confirmed by the user, subject to availability (cf. Art. 2).
3.2.3. These fees remain due and will not be reimbursed if the user returns either all or part of his order by virtue of his right to cancel in accordance with article 7.
Article 4. Order terms
4.1 The merchant cannot be held responsible for the consequences if the user communicates erroneous information at the time of his order.
4.2 The user, by clicking on the "Place my order" button, confirms his order and agrees to pay the entire total amount due: the purchase price, plus the fees, minus any purchase vouchers.
4.3 In accordance with the measures in the law of 9 July, 2001, establishing certain rules regarding electronic signatures and safety certification services, we would remind you that confirming the purchase order is an electronic signature which has the same value as a written signature between the parties and is proof of the entire order and the payability of the due amounts with the execution of the order.
4.4 The merchant confirms every order by sending an e-mail to the user within 24/48 working hours (Monday through Friday) of the order at the address indicated by the user when he joined (hereafter "order confirmation"). This order confirmation will include, in particular, the order date, the product ordered, its purchase price plus fees, as well as the shipping address.
4.5. The computerized registers, kept in the computer systems of the merchant and his partners under reasonable security conditions, will be considered valid proof of communication, orders, and payments that have transpired between the parties.
4.6 The merchant reserves the right to refuse or cancel any order or shipment in the case of:
- existing litigation with the user
- total or partial non-payment of a previous order
- payment authorization refused by the bank
In that case, the merchant cannot, in any case, be held responsible.
4.7 The merchant reserves the right to refuse orders for reasons other than the aforementioned ones, as well as the right to establish special conditions for the order.
In that case, the merchant shall notify the user by e-mail within the 30 days following the confirmation of his order.
4.8 After the shipping of the product(s), the user can no longer cancel the order but may exercise his right to cancel, in accordance with the conditions described in article 7.
Article 5 Terms of payment
5.1 Purchases can be paid by credit card, such as a Visa, MasterCard, American Express, or by bank transfer. When the order is confirmed, the user shall indicate the name as it appears on his credit card, his credit card number, its expiration date, and the card security code. Certain issuing banks may require an additional signature such as a digipass. The validity of the payment is confirmed or not after verification from the issuing bank. If the payment is confirmed, the debit will occur after the order is billed according to the terms agreed upon with the bank that issued the card.
5.2 If the customer makes a bank wire transfer, he/she is committed to send the total amount of his/her order, including charges, within 48 hours. The seller reserves the right to cancel an order if the bank wire transfer has not been made within this period of time. The transfer must include the following references: Name: Blanc & Marine, Avenue de Broqueville, 250/12 B-1200 Bruxelles, Bank: BELFIUS Account Number (IBAN) BE23 0689 0589 9191, BIC GKCCBEBB.
5.3 The merchant will not accept any payment in excess of five hundred (500) euros per order.
5.4 The product(s) ordered remain the property of the merchant until the full payment of the purchase price plus the fees indicated at the time of ordering.
Article 6 Shipping
6.1 Shipping is carried out by the merchant only to the following countries: Belgium, the Grand Duchy of Luxembourg, the Netherlands, France, Great-Britain and Germany. (If you are a member of another country and want to be delivered, please contact us directly by mail: email@example.com)
6.2 The order will be shipped to the home address or other address provided by the user. Orders are shipped by BPost in Belgium. For other countries, DPD or DHL or any other company that may offer cheaper rates for a quality service.
6.3 At delivery, the user will receive a bill of sale.
6.4 For a delivery in Belgium, the seller will make every effort for the order to be shipped to the delivery address within 7 working days of confirmation of the order and receipt of payment. The deliverer will come to this address between 8 am and 5 pm on weekdays, and deliver the parcel 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 customer to go to the post office indicated on the notice. The customer can also select a "collection point" or a "distributor." In case the collection could not be taken on time by the client, additional shipping costs of 5 € will be charged to the client. If removal has not occurred, and no solution can be put in place between the customer and the seller within a reasonable time, despite the goodwill of the seller, and that the order can not be delivered, it will be canceled and no refund will be made.
Included in the rate of BPACK@bpost:
- The message to the recipient in order to warn that his package arrived in the point BPACK@bpost
- Signing for receipt of the package - Notification 'reminder' if the recipient has not removed his pack in th point BPACK@bpost two days after the arrival of his pack schedule.
Included in the price BPACK Packages Distributors:
- The message to the recipient in order to warn that his package arrived in the packet distributor;
- Notification 'reminder' if the recipient has not removed his pack in the packet distributor after 1 calendar day (and a second 'reminder' after 5 calendar days).
6.5 For shipments outside of Belgium, the merchant will do everything in his power to ensure that the order is delivered within 15 days following the order confirmation. The shipping terms will be determined by the postal service of the concerned country.
6.6 The indicated lead time is for informational purposes only. Not respecting the lead time will not entitle the user to any right to damages.
6.7 The transfer of risks to the user occurs at the time when the ordered products are placed at the disposal of the delivery agent. The control system used by the delivery agent shall provide proof that the products were placed at his disposal.
6.8 It is up to the user to check the shipments upon reception and to formulate any reservations or complaints which seem justified, or even to refuse the package if it is apparent that it was opened or if it carries obvious marks of deterioration. Those reservations and complaints relating to the delivery of the products must be directly addressed to both the transporter and merchant by registered mail with acknowledgment of receipt within three working days following the delivery of the product(s).
Article 7. Right to cancel and return terms
7.1 If the user is not satisfied with the product(s) bought on the website, he has fifteen (15) calendar days from the day following the day of delivery to renounce his purchase without penalty and without indicating his reasons, in accordance with the law of 14 July, 1991, regarding business practices and information and consumer protection. Within that time frame, the user must notify the merchant of his intent to exercise his right to cancel by sending an e-mail to the following address: firstname.lastname@example.org.
If this deadline is not respected, the user shall be deprived of his right to cancel and must proceed with the payment of his order.
7.2 The user shall include the "return voucher" which he must print, fill out, and sign, with his return package. He can access this voucher by consulting the practical information page on the website.
7.3 All returns to the merchant shall be sent to the following address, unless the user receives other instructions, by any transportation means at the choice of the user who must keep the proof of shipment.
M.Y. Choice ventes privées SPRL
Avenue de Broqueville, 250/12
7.4 The fees and risks relating to the return shipment shall be borne by the user.
7.5 If the user exercises his right to cancel and returns the products within 14 days following the delivery and in accordance with the terms agreed upon in the preceding paragraphs, the merchant agrees to reimburse the user the amount of the purchase price, even though it was already paid, within the thirty (30) days from when the merchant received the product(s) at the latest.
7.6 The shipping and handling fees remain due even in the ordered product(s) are returned and/or exchanged.
7.7 The user can exchange the products ordered, in accordance with the aforementioned conditions.
7.8 If the returned products are reimbursed, the merchant shall credit the credit card used for the payment of those products with an amount equivalent to their purchase price and not including the shipping and handling fees or the amount of the purchase vouchers or discounts used at the time of the order. The reimbursement of the user shall be carried out in accordance with the terms agreed upon with the bank that issued the card.
7.9 The user cannot exercise his right to cancel and/or exchange if the delivered product(s) has (have) been the object of extended use (more than a few minutes), was (were) damaged, or is (are) missing pieces.
7.10 The product(s) must absolutely be returned properly protected in its (their) original packaging in perfect condition for resale (not damaged or dirtied by the customer) accompanied by any accessories, operating instructions, etc. to the aforementioned address accompanied by the original copy of the invoice, of which the user must keep a copy. If that is not the case, they cannot be returned or exchanged.
7.11 Product(s) for which no included element identifies the sender (return no., order no., last name, first name, address) also cannot be returned or exchanged. Product(s) that have be shipped back but cannot be accepted as returns by the merchant shall be held at the disposal of the user at the merchant's premises. The user must pay the corresponding price. In the case of abnormal or excessive returns, the merchant reserves the right to refuse a future order.
Article 8 Statutory warranty
8.1 The user benefits from the statutory warranty in articles 1649bis and according to the Civil Code with regard to any lack of conformity existing at the time of delivery of his product(s) if he was not aware of it or was not expected to be aware of it at the time the contract was concluded. In that case, the user can demand the replacement of the concerned product(s) without fees within a reasonable time frame and while similar products remain in stock.
8.2 The user cannot, however, demand that the contract be terminated in the case of a minor lack of conformity. Any wear and tear resulting from the the user's use of the product(s) since the delivery shall also be taken into account.
8.3 The cost of returning a non-compliant product shall be covered by the merchant, as long as the return is carried out by the postal service in Belgium. Those return costs shall be credited in the form of a purchase voucher that is valid on a future order, or included in the potential reimbursement.
8.4 This warranty does not apply to:
- normal wear and tear of the product
- any faults or damage caused by the user
Article 9 Privacy protection with regard to the processing of personal data
9.1 The merchant shall respect the provisions of the law of 8 December, 1992, regarding privacy protection with regard to the processing of personal data.
9.2 The merchant shall not disclose any personal data collected on the website to a third party. Those data shall only be used by internal departments to process orders, a task which may, however, be outsourced, or in order to reinforce and personalize communication, in particular with regard to informative letters / e-mails, as well as in the framework of personalizing the website with regard to user preferences that have been observed.
9.3 The merchant shall not, therefore, sell, market, or rent information concerning his users to a third party. If a third party receives or uses personal data, the merchant shall first inform the user in order to allow him to exercise his right to to object.
9.4 The merchant may also provide a trusted third party with consolidated statistics regarding users, sales, the structure of the exchanges, and the information available on the website. Those statistics cannot, however, contain any personal data.
9.5 This article cannot, however, prevent the sale or transfer of activities to a third party.
9.6 In accordance with the law of 8 December, 1992, regarding privacy protection with regard to the processing of personal data, the user can exercise his right to access the file as well as his right to rectify information concerning him by going to the "Personal Data" section of the "My Account" rubric. He can exercise his right to delete information concerning him by selecting "I wish to cancel my account" (indicate e-mail address, last name, first name, and address) in the "Contact" rubric on the website.
9.8 Certain pages of the website may sometimes include digital images or "web counters" that count the number of visitors to those pages. Those web counters can be used with some of the merchant's partners, in particular in order to measure and improve the effectiveness of certain actions. The information obtained via these web counters is simply used to collect statistics regarding the activity of certain of the website's pages in order to better serve the website's users.
Article 10 Communication via e-mail and mail
10.1 The user agrees that the merchant can send him e-mail and mail, in particular for advertising, informative, and other purposes.
10.2 If the user wishes to not/no longer receive e-mail and mail from the merchant, he can send an e-mail to the merchant at the following address : email@example.com or unsubscribe via the website.
Article 11 Merchant's responsibility
11.1 The merchant only contracts due care for all stages of access to the website, the order process, shipping, and subsequent services.
11.2 The merchant cannot be held responsible for any inconveniences or damages inherent to the use of the website such as a break in service, an intrusion from outside, the presence of computer viruses, or any other inconvenience.
11.3 In all eventualities, the responsibility of the merchant under the terms of these general conditions cannot exceed an amount equal to the amounts paid or payable at the time of the transaction at which time the responsibility in question originated.
Article 12 Intellectual property
12.1 All of the elements on the website, both visual and audio, including the underlying technology, are the exclusive property of the merchant.
12.2 If a user has a personal website and wishes to place a simple link on it that links directly to the merchant's website, he must ask for authorization from the merchant. In that case, this does not form an implicit affiliation agreement. Any hypertext link to the website that uses framing, in-line, or deep linking techniques is strictly prohibited. In any case, any link, even those tacitly authorized, shall be removed upon request by the merchant.
Article 13 Disputes
13.1 The contractual relationships linking the parties are subject to Belgian law.
13.2 In the case of a dispute, an amicable solution shall be sought before any legal action. In the absence of an amicable agreement, and according to the choice of Blanc & Marine (M.Y. Choice ventes Privées), the courts of the legal arrondissement of Brussels (Location of Headquarters) or Brabant Wallon (Location of operational offices) shall be the only courts competent of a dispute between the parties.
Article 14 Nullity and scope
14.1 If one or more of the clauses of these general conditions is (are) held for null or declared as such through the application of a law or regulation, or following a final decision of a competent jurisdiction, the other clauses shall remain in force.
14.2 These general conditions and the order summary sent to the user form a contractual set and are all of the contractual relationships between the parties.
Article 15 Modification
15.1 The merchant reserves the right to modify these general conditions and shall communicate the new version to users via the website.
15.2 The conditions published on the website at the time when the order is confirmed are the only applicable conditions. The user can print out these conditions before or during his order.