ARTICLE 1 - PURPOSE AND SCOPE OF APPLICATION
1.1. The General Conditions of Sale (hereinafter the "General Conditions") establish the rights and obligations of the parties in the context of the sale of products (hereinafter referred to as the "Products"), via the website LeaRose (available at the address www.learose.be hereinafter referred to as the "Site"). These General Conditions govern the sale of all Products conducted on the Site.
1.2. The General Conditions have been established between, on one hand, the company under Belgian law Les Créations du Sablon sprl, registered with the Central Databank for Enterprises under number 0876.419.645 (TVA 0876.419.645), having its registered office at Rue Lebeau,65 - 1000 Brussels, hereinafter referred to as the "Seller" and, on the other hand, the person wishing to visit the Site and to make a purchase, hereinafter referred to as the "User". The User and the Seller are hereinafter jointly referred to the "Parties". The Parties agree that their relationship shall be exclusively governed by the General Conditions, to the exclusion of all conditions previously published on the Site.
1.3. Any order for a Product offered on the Site (hereinafter referred to as the "Order") implies prior consultation and explicit acceptance of the General Conditions by the User without the acceptance being subject to a handwritten signature by the User. In accordance with the provisions of the Law of 9 July 2001 regulating the legal framework for electronic signatures and certification services, it is pointed out that the validation of the Order as specified in Article 4 of the General Conditions constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and constitutes proof of the entire Order and payment due in execution of the Order.
ARTICLE 2 - DESCRIPTION AND AVAILABILITY OF PRODUCTS
2.1. The Products offered for sale are those shown on the Site, with a description of their main characteristics, updated to the exact moment of the consultation of the Site by the User and subject to available stocks. The Seller shall make every reasonable effort to display the availability of the Products in real-time on the Site but cannot be held liable if a product is no longer available to fill the Order placed by the User. In case of unavailability of any of the Products ordered, the User will be notified and will have the option either to modify the Order or to cancel it, in which case he will be reimbursed the amount for the Order if it has already been paid.
2.2. The photographs, texts and other descriptive elements illustrating the Products do not fall under the contractual scope. If these photographs and/or texts are found to be incorrect, the Seller cannot be held liable for this. The Seller is committed to making every effort to correct any errors or omissions as quickly as possible after notification.
ARTICLE 3 - PURCHASE PRICE AND FEES FOR HANDLING AND DELIVERY
3.1. Purchase price of the Product The price of each Product is displayed on the Site (hereinafter referred to as the "Purchase Price") in euros, VAT included. This price does not include the charges for handling and delivery, which must also be paid by the User, or the deduction of any discount or voucher granted to the User personally.
3.2. Fees for handling and delivery When the Order is placed, the User undertakes to pay, in addition to the Purchase Prices of the Products ordered, the charges for handling and delivery (hereinafter referred to as the "Charges"). These Charges vary depending on the type and quantity of the Products ordered and the shipping method selected, and include VAT. The User can view the amount of such charges on the website by clicking on the "Submit", which shows a calculation of the amount of the total Purchase Prices for Products and the Charges. The Company reserves the right to change the amount of charges at any time, but the fee will be charged based on the rates in effect at the time that the Order is confirmed, and subject to availability.
ARTICLE 4 - ORDER PROCEDURES
4.1. In order to place an Order, the User must login using their personal code, or if it is a first-time order, complete the form provided on the Site, which will particularly include the information necessary to identify the User such as first and last names, and delivery address. The Seller cannot be held liable for the consequences of submitting incorrect information. After having completed the order form, the User is prompted to complete the ordering process by clicking on "Submit", whereby the User declares full acceptance without reservation of all of the present General Conditions, which shall definitively confirm his Order and undertakes to pay the full amount due, being the Purchase Price plus the Charges, with the deduction of any gift certificates.
4.2. The Seller shall confirm each Order by sending an e-mail to the User within 24h of the Order, to the address provided by the User at the time of creating his User Account (hereinafter the "Order Confirmation"). This Order Confirmation shall specifically mention the details of the Seller, the date of the Order, the Product ordered, its Purchase Price, plus the Charges, the address and the delivery terms, the terms for the exercise of the right to cancellation (provided in article 8 of the General Conditions) and the contact details of the complaints department and after-sales service. The data recorded by the Seller, as well as the Order Confirmation shall constitute the proof of the contractual relationship established between the Parties.
4.3. The Seller reserves the right to refuse or cancel any order or delivery in the case of (i) legal dispute with the User, (ii) total or partial non-payment of a previous order or (iii) refusal to authorise credit card payment by the banking institutions. In this case, the Seller may under no circumstances be held liable.
ARTICLE 5 - PAYMENT TERMS
The payment for purchases can be made either by credit card such as Visa, Mastercard or American Express. When the Order is confirmed, the User selects one of the available payment methods. The user submits the name as shown on the credit card, the card number, expiration date and security code. Certain banking institutions that issue cards may require additional signature with a digipass. The validity of the payment is confirmed or not after verification with the issuing bank. If the payment is confirmed, the amount will be deducted, after the Order is billed, as agreed with the bank issuing the card. The Product(s) ordered remain the property of the Seller until full payment of the Purchase Price and the Charges indicated in the Order.
ARTICLE 6 - LIVRAISON
6.1. The Seller will deliver anywhere in Belgium or Europe. You may contact us for estimated delivery times in your region or refer to the list (see FAQ). Upon delivery, a sales invoice will be provided to the User. When placing the Order, the User has a choice of several methods of delivery, including delivery to a specific address (home, place of work, or other location), or delivery to a Bpost Postal Point. If the User opts for delivery to a specific address, the Seller shall make every effort to ensure that the Order is shipped to this address within several days following the placement of the Order. The delivery service will call at this address between 8 AM and 6 PM, on business days, and will deliver the parcel to the addressee or to any other person present at the address given. In the case of absence, a notice will be left in the letterbox for the address given. It is then up to the User to contact the transporter to agree a new delivery date. If the User does not arrange a new delivery within 3 weeks to be counted from the confirmation of the Order, or he is absent again at the time of this new delivery, the Order shall be automatically returned to the Seller, who will contact the User to arrange delivery of the Order. In this case, the additional costs of delivery may be charged to the User. If the User opts for delivery to a Bpost Postal Point, the Seller shall make every effort to ensure that the Order is shipped to the selected point within several days after the confirmation of the Order.
6.2. The transfer of risk to the User takes place at the time of delivery. Each delivery is considered as being made from the point of the provision of the Product according to the shipping method selected by the User, that is, delivery either to a specific address or to a Bpost Postal Point. The proof of this provision will be constituted by the control system used by the delivery service or the Bpost company.
6.3. It is up to the User to verify shipments upon arrival and to express any reservations or complaints that appear justified, or even to refuse the parcel, if it appears to have been opened or shows clear signs of damage. These reservations and complaints concerning the delivery of Products must be addressed directly to the delivery service by registered letter with acknowledgement of receipt within three working days following the delivery of the Products, with a copy sent to the Seller. View the shipping rates table
ARTICLE 7 - RIGHT OF CANCELLATION AND RETURN PROCEDURES
7.1. If one of the items purchased on the Site is not suitable for the User, the user has a period of fourteen (14) calendar days, to be counted from the day after the date of delivery, to cancel his purchase, without penalty or need for justification. Within this period the User must inform the Seller of his intention to exercise the right to cancellation, by sending an e-mail to firstname.lastname@example.org. The User residing on the Belgian territory will receive in his parcel a free return form. From the notification by the User of the intention to return all or part of his Order, he has a period of 10 calendar days to return the Products to the Seller. If he fails to respect this deadline, the User will forfeit his right to cancellation and must pay for the Order.
7.2. Returns to the Seller must be made to the following address, except if different instructions have been communicated to the User, and by any means of transport chosen by the User, who must retain proof of shipment: Les Créations du Sablon, Rue Lebeau 65, 1000 Brussels. Returns in Belgium, via the Bpost service and according to the procedure suggested on the site www.learose.be, are free of charge. The costs and risks associated with the return shipment from other countries must be borne by the User.
7.3. When the User exercises his right to cancellation, according to the terms provided in the above paragraph, the Seller undertakes to reimburse the User for the Purchase Price (except shipping fee), if this was already paid, within no later than thirty (30) calendar days to be counted from the notification by the User of his intention to exercise the right to cancellation in accordance with article 8.1 above. This reimbursement shall be made as follows: If the User paid for his Order by credit card, after the verification of the items returned, a credit will be issued to the credit card used by the User to pay the Purchase Price of the items returned (except shipping fee), minus the amount of any gift certificates or vouchers used to pay for the Order. The reimbursement of the User will take place according to the terms agreed with the bank issuing the card. If the User has paid for his Order by a different form of payment, reimbursement will be made by bank transfer to the bank account number supplied on the return slip. If no valid bank account number is provided on the return slip, the reimbursement by the Seller may be carried out in the form of a gift certificate that can be used on the Site.
7.4. The User may not make use of this right of cancellation if the Products delivered have clearly already been used for a sustained period of time (longer than several minutes), have been damaged or have missing parts. The Products absolutely must be returned properly protected in their original packaging, in perfect resalable condition (not damaged, broken or soiled by the User), with any potential accessories, user manuals or documentation, to the address indicated above, accompanied by the original sales invoice, of which the User shall retain a copy. If this is not the case, the goods cannot be accepted. Parcels also cannot be accepted for which no document is included that allows the sender to be identified (return number, order number, name, first name, address). The items returned which cannot be accepted shall be held at the address of the Seller and made available to the User who is required to collect and pay for them. In case of abnormal or excessive returns, the Company reserves the right to refuse further Orders.
ARTICLE 8 - LEGAL GUARANTEE
8.1. The User benefits from the legal guarantee of articles 1649 bis and following of the Civil Code, for any defect existing at the time of delivery of the item if he did not know or could not have been expected to know about the defect at the time of the establishment of the contract and if it is discovered within a period of two years, to be counted from the delivery date. In this case, the User may require the item either to be replaced, at no cost, and within a reasonable period of time, subject to the availability of similar items, or an appropriate discount on the Purchase Price or termination of the contract as provided by law. The User cannot, however, require the termination of the contract in the case of minor defects. In addition, where appropriate, wear resulting from the use of the item by the User since its delivery will be taken into account.
8.2. The User must inform the Seller of his intention to claim the legal guarantee, in writing, at the latest within two months from the date on which the defect is discovered. The cost for return of the defective item shall be borne by the User.
8.3. The guarantee does not apply to:
- normal wear of certain items ;
- defects and damage caused by the fault of the User
For any additional information or questions, the User may contact the Seller's After-Sales Service through by the website under the heading "Contact".
ARTICLE 9 - PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF PERSONAL DATA
9.1. The Seller collects personal data about Users, which is provided on the Site. The Seller undertakes not to disclose this information to third parties. It is confidential. This information will only be used by the Seller internally for the processing of Orders for the purposes of enhancing or personalising communication, particularly through informative letters / e-mails as well as in the context of the personalisation of the site in function of the preferences shown by the Users.
9.2. The Seller therefore shall not sell, market or rent to third parties the information on the Users. In case of transfer or use by third parties of the personal data, the Seller undertakes to inform the User in advance in order to allow him to exercise his right to opposition. The Seller may also provide aggregate statistics about its Users, sales, interaction patterns and information on the Site to trusted third parties, but these statistics will contain no personal information. This article cannot, however, prevent the sale or transfer of the business to a third party.
9.3. In accordance with the applicable European national law, the User may exercise his right to access his personal data file and the right to rectify the information in it. He may exercise his right to removal of this information by sending a letter to the following address: Les Creations du Sablon, Rue Lebeau 65, 1000 Brussels Belgium or by e-mail to the address email@example.com.The person within the company responsible for processing personal data and for answering questions from Users on this subject is Catherine Lannoye : firstname.lastname@example.org.
9.5. Certain web pages of the Site may contain electronic images or "webtags" which make it possible to count the number of visitors to the page. These webtags can be used with certain partners of the Seller, particularly in order to measure and improve the effectiveness of certain promotions. The information obtained through these tags simply serves to gather statistics on the traffic to certain pages of the Site, in order to better serve the Users.
ARTICLE 10 - RESPONSABILITY
The Seller contracts only obligations of means, for all stages of access to the Site, from the Order to the delivery or subsequent services. The Seller cannot be held liable for any inconvenience or damage arising from use of the Internet, including interruption of service, external intrusion, presence of computer viruses or any act that may be regarded as force majeure. In any event, the Seller's liability under the present General Conditions shall not exceed an amount equal to the amount paid or payable in respect of the transaction giving rise to such liability, regardless of the cause or form of the act concerned.
ARTICLE 11 - INTELLECTUAL PROPERTY
All elements of the Site, whether they are visual or audio, including the underlying technology, are protected by copyright, trademarks or patents, and more broadly by intellectual property rights as well as by the law on databases. They are the exclusive property of the Seller. Any User who has a personal website and wishes to insert a direct link to the Site, for personal use, must request permission from the Seller. In this case, it does not constitute an affiliation agreement. In any case, all links, even those tacitly authorised, must be removed at the request of the Seller.
ARTICLE 12 - CONTACT AND RESOLUTION OF DISPUTES
For questions concerning purchases, the User has the option of contacting the Seller by means of contact forms available in the section Help & Contact of the Seller's Site or through the address email@example.com. The Seller undertakes to reply to the User with a maximum period of 5 business days.
ARTICLE 13 - INVALIDITY AND INTEGRALITY
If one or more provisions of the General Conditions are deemed invalid or are declared as such under any law, regulation, or following the final decision of a competent court, the other stipulations shall nevertheless remain in full force and effect. The General Conditions and the Order summary sent to the User form a contractual whole and constitute the entire contractual relationship between the Parties. In case of conflict between these documents, the General Conditions shall take precedence.
ARTICLE 14 - PROOF
The records stored in the computer systems of the Seller and its partners under reasonable security conditions will be considered proof of communications, orders and payments between the Parties.
ARTICLE 15 - MODIFICATION
The Seller reserves the right to modify the General Conditions and shall communicate the new version to the Users via the Site.
ARTICLE 16 - APPLICABLE LAW - COMPETENT COURT
The present General Conditions are subject to Belgian law. In case of dispute, an amicable resolution will first be sought before any legal action is taken. In the absence of a settlement, the courts of the judicial district of Brussels shall have sole jurisdiction.