GENERAL CONDITIONS OF SALE
1. DESCRIPTION
1.1 The GTC define the rights and obligations of the parties in the context of the sale of products/services (hereinafter the "products/services"), via the website www.nikitacollienne.com (hereinafter the "site"). The present GTC govern any sale of products made on the site.
1.2. The GTC are concluded between, on the one hand, Nikita Collienne, 20 rue Stuyvenbergh, 1020 Brussels, Belgium, contact@nikitacollienne.com, +32 492 07 42 06 (name, address, e-mail, telephone), affiliated to PRODUCTIONS ASSOCIEES ASBL, registered with the Crossroads Bank of Enterprises of Belgium under the number 0896. 755.397 (VAT BE 0896.755.397) whose registered office is located at 70, Rue Emile Féron in 1060 Brussels, Belgium, hereafter called the "seller" and, on the other hand, the person placing an order, hereafter called the "buyer". The buyer and the seller are hereinafter jointly referred to as the "parties".
1.3 Any order implies the prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditioned by a handwritten signature on the part of the buyer. In accordance with the provisions of the law of July 9, 2001 laying down certain rules relating to the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and is proof of the completeness of the order and of the payability of the sums due in execution of the order.
1.4 The buyer declares to have full legal capacity.
2. THE PRODUCTS/SERVICES ON SALE
The products/services offered for sale are those which appear on the site, with a description of their essential characteristics, on the day and at the time of consultation of the site by the purchaser, and within the limit of available stocks. The seller makes every reasonable effort to display the availability of products/services in real time on the site, but cannot be held responsible if a product is no longer available to fulfill the order. In case of unavailability of one of the ordered products/services, the buyer will be informed, and will have the possibility, either to modify his order, or to cancel it, in which case he will be refunded the amount of his order if he has already made the payment.
3. SELLING PRICE OF THE DISPLAYED PRODUCTS/SERVICES
3.1 The price of each product is displayed on the site in euros and includes VAT. This price is valid in the countries for which delivery is possible, and does not include preparation and delivery costs, also to be paid by the buyer, nor the deduction of any discount or voucher granted to the buyer. The Seller reserves the right to change its prices at any time, but the products/services will be invoiced on the basis of the purchase price in effect at the time of the order.
3.2 When ordering, the Buyer agrees to pay, in addition to the purchase price of the products/services ordered, the preparation and delivery costs (hereinafter referred to as "costs"). These costs vary according to the type and quantity of products/services ordered, and the delivery method chosen, and are inclusive of VAT. The buyer can consult the amount of these costs on the site by consulting his "Basket", where a calculation of the total amount corresponding to the purchase price of the products/services and the costs is displayed. The seller reserves the right to modify the amount of the fees at any time, but the fees will be charged on the basis of the rates in effect at the time of the order. These charges remain due and will not be refunded if Buyer returns all or part of the order pursuant to his right of withdrawal.
3.3 The products/services are only delivered to the countries for which the site allows delivery. Incorrect delivery addresses are the responsibility of the buyer and may result in additional charges. The delivery times indicated are not binding but are given as an indication 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 sums paid by the buyer will be refunded without interest or compensation.
4. ORDERING METHODS
4.1 To place an order, the buyer must fill out the order form available on the site, on which he/she will include the information necessary for his/her identification and in particular his/her name, first name and delivery address. By doing so, the buyer declares to accept fully and without reservation the entirety of these GTC and undertakes to pay the full amount due. The seller cannot be held responsible for the consequences of the communication of erroneous information.
4.2 The seller will confirm each order by sending an e-mail mentioning
1° the main characteristics of the good or service ordered
2° the identity of the seller, including its company number and trade name;
3° the geographical address of the seller as well as his telephone number and e-mail address;
(4) the total price of the goods or services including all taxes and any additional transportation, delivery and other charges
(5) the terms of payment, delivery and performance and the date on which the company undertakes to deliver the goods or perform the services
(6) the manner in which the company will handle complaints
7° the conditions, the deadline and the modalities for exercising the right of withdrawal
8° the conditions under which the consumer will not benefit from the right of withdrawal, as stated in art. 7 of the GTC;
9. the existence of a two-year guarantee of conformity (one year if it is a question of second-hand products), as provided for in Articles 1649bis to 1649octies of the Civil Code, and a guarantee 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 to address the European platform of settlement of disputes, to introduce a procedure of amicable settlement.
11° where applicable, the existence of after-sales assistance to the consumer, after-sales service and commercial guarantees, as well as the conditions relating to them
12° where applicable, the existence of applicable codes of conduct and how to obtain a copy
13° where applicable, the duration of the contract or, if the contract is open-ended or automatically renewable, the conditions for terminating the contract
(14) where applicable, the minimum duration of the consumer's obligations under the contract
15° where applicable, the existence of a deposit or other financial guarantees to be paid or provided by the purchaser
(16) where applicable, the functionalities of the digital content, including the technical protection measures applicable
(17) where applicable, any relevant interoperability of the digital content with certain hardware or software of which the seller has or reasonably should have knowledge.
The data recorded by the seller, as well as 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 any delivery in case of existing dispute with the buyer, total or partial non-payment of a previous order, refusal of authorization of payment by credit card of the banking organizations or for any other valid reason. In this case, the responsibility of the seller could not, in any case, be engaged.
5. TERMS OF PAYMENT
5.1 The payment of the purchases is carried out by credit card of type Visa or Mastercard and by bank cards of type "Maestro" or via Paypal.
5.2 The ordered products remain the property of the seller until the complete payment of the purchase price and the expenses indicated during the order.
6. DELIVERY
6.1 Delivery is made by the seller. Any taxes and import costs are to be paid by the buyer.
6.2 The order is delivered to the address indicated by the buyer.
6.3 For a delivery in Belgium, the seller will make every effort to ensure that the order is shipped to the delivery address within thirty working days following the validation of the order and the receipt of payment. The deliveryman will come to this address between 8 am and 6 pm, on working days, and will hand over the parcel(s) to the addressee or to 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 buyer to contact the deliverer to agree either on a new delivery date at the same address, or a new delivery date at a new address, or a collection at the nearest post office. If the buyer fails to do so within 15 days of the notice left by the delivery person or if the buyer is absent at the time of the new delivery, the order will automatically be returned to the seller, who will contact the buyer to schedule a new delivery of the order. In this case, the buyer may be charged an additional delivery fee.
6.4 For a delivery outside of Belgium, the seller will make every effort to ensure that the order is delivered within 45 days for the European Union and 60 days for countries outside the European Union, following the validation of the order. The terms of delivery will be specific to the postal services of the country concerned.
6.5 If the purchaser has designated the delivery person, the transfer of risks to the purchaser occurs at the moment when the ordered products are made available to the delivery person. Proof of this shall be provided by the control system used by the supplier.
6.6 It is up to the buyer to check the shipments upon arrival and to formulate all reservations and claims that would appear justified, or even to refuse the package, if it is likely to have been opened or if it bears obvious traces of deterioration. If there are any complaints following the reception of the order, it is de rigueur to send an email to contact@nikitacollienne.com, subject "Delivery complaint", with photos, within 48 hours after reception of the order.
7. RIGHT OF RETRACTION AND MODALITIES OF RETURN
7.1 The buyer has a period of fourteen (14) calendar days, starting from the day after the day of delivery, to renounce his purchase, without penalty and without giving reasons, in accordance with the Belgian economic law code.
Within this period, the buyer must notify the seller of his intention to make use of his right of withdrawal, in the following way
- Send an e-mail to contact@nikitacollienne.com - Notify name and surname of the buyer - Give a detailed description of the item(s) concerned, with reference to the number and date of the invoice issued
or
- fill in the form available on the website of the FPS Economy
7.2 The return to the seller will be made to the address referenced on the package, unless otherwise instructed by the buyer, who must keep the proof of shipment.
7.3 If the buyer wishes an exchange instead of a refund, he/she shall specify this in the e-mail and the seller shall inform him/her, in addition to the availability of the item, of the supplement to be paid or the partial refund, if any.
7.4 All expenses and risks related to the shipping of the return of the articles are the responsibility of the buyer.
7.5 In case of use of its right of withdrawal by the buyer and of the return of the products at the latest fourteen (14) days following the communication of its decision to withdraw according to the modalities agreed in the preceding paragraphs, the salesman commits himself refunding the purchase price to the buyer at the reception of the products by the salesman.
7.6 In the event of a refund of the returned products/services, the Seller shall credit the credit card used for the payment of the said products with an amount equivalent to the purchase price thereof, less the amount of any vouchers or discounts applied at the time of ordering. The reimbursement of the buyer will be made according to the terms and conditions agreed upon with the bank that issued the card.
7.7 The purchaser will not be able to make use of his right of retractation if the delivered products were the object of a use, were damaged, comprise missing parts, or whose labels were withdrawn.
7.8 The products must be returned properly protected, in their original packaging, in perfect condition for resale, accompanied by any accessories, instructions for use, etc. Otherwise, they cannot be returned or exchanged.
7.9 Custom-made or personalized products/services cannot be returned or exchanged under any circumstances.
7.10 The products returned but not accepted by the seller are kept at the disposal of the buyer at the seller's premises. The buyer is still obliged to pay the price. In case of abnormal or abusive returns, the seller reserves the right to refuse a subsequent order.
7.11 The seller mentions on the site the conditions, the deadline and the modalities of the right of withdrawal, as well as the model of withdrawal form.
7.12 Possible existence and conditions of an after-sales assistance, an after-sales service or an additional commercial guarantee
8. PROTECTION OF PRIVACY WITH REGARD TO BUYERS' PERSONAL DATA
8.1 The seller collects personal data concerning the buyers, which are communicated to him on the site or by e-mail. He undertakes not to disclose this data to third parties. These data are confidential. They will be used by its internal services only for the treatment of the orders, with an aim of reinforcing and personalizing the communication, in particular by letters/e-mails of information, as well as within the framework of the personalization of the site according to the preferences noted by the purchasers, or for the follow-up of the solvency.
8.2 The seller does not sell, trade or rent to third parties any information about the buyers. In case of transfer or use by third parties of personal data, the seller undertakes to inform the buyer in advance and to allow him to exercise his right of opposition. The seller may also provide statistics about its buyers, sales, trade patterns and site information to third parties, but these statistics will not contain any personal data. However, this section shall not prevent the assignment or transfer of business to a third party.
8.3. The Seller shall retain personal data only for as long as is necessary to achieve the specific purposes for which the processing is carried out. In determining the appropriate duration, account is taken of the quantity, nature and sensitivity of the personal data, the purposes for which they are processed and the possibility of achieving these purposes by other means. Account is also taken of the need to comply with legal and regulatory obligations. When the data is no longer required, it is destroyed.
8.4. Provided that the legal requirements are met, the purchaser has the right :
to request information as to whether the seller holds personal information and, if so, what this information is and for what purposes it is processed;
to access his personal data and, if necessary, to rectify them;
to obtain the deletion of such data or the limitation of their processing, which allows ;
to lodge a complaint with the Data Protection Authority.
The buyer can exercise the above-mentioned rights by means of a dated and signed request accompanied, for security reasons, by a copy of his/her identity card. The request can be sent to the seller by post to the address ... and by e-mail to the address .... If the request is clearly unfounded, access may be denied and a reasonable fee may be charged.
9. RESPONSIBILITY
The seller contracts only obligations of means, for all the stages of access to the site, from the order, to the delivery or to subsequent services. The responsibility of the salesman could not be committed for all the disadvantages or damage inherent in the use of the Internet network, in particular a rupture of the service, an external intrusion or the presence of computer viruses, or of any fact being able to be qualified of force majeure. In any case, the liability of the seller under the terms of the GTC shall not exceed a sum equal to the sums paid or payable during the transaction that gave rise to the said liability.
10. GUARANTEE OF CONFORMITY
The products/services benefit from the legal guarantee of conformity, provided by articles 1649bis to 1649octies of the Civil Code, and the legal guarantee of hidden defects, provided by articles 1641 to 1649 of the Civil Code. The buyer has, among other things, the right to obtain from the seller the repair or the replacement free of charge of the products presenting a defect of conformity within two years as from their delivery (one year if it is a second-hand product), provided that the request is introduced within two months as from the discovery of the defect. If a defect appears within the first six months, the seller is a priori liable. However, he can exonerate himself by proving that the defect is due to misuse by the buyer. If a defect appears afterwards, 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
The content of the site, including the underlying technology, may be protected by copyright, trademark law or other intellectual property rights. The seller authorizes the buyer to place a simple link on its own site that refers directly to the seller's site. On the other hand, any hypertext link referring to the site and using the technique of framing or in-line or deep linking is prohibited. In all cases, any link must be removed upon request from the seller.
12. CONTACT WITH THE SELLER
The buyer has the possibility to contact the seller by means of the contact form available in the "Contact" section or by means of the e-mail address contact@nikitacollienne.com
13. INVALIDITY AND COMPLETENESS
If one or more provisions of the GTC are invalid, the other provisions shall remain in full force and effect.
14. PROOF
The computerized registers, kept in the computer systems of the seller and its partners, will be considered as proof of communications, orders and payments between the parties. The parties accept the principle of electronic proof in the context of their relations (e.g.: e-mail, backups, etc.).
15. MODIFICATIONS
The seller reserves the right to modify the GTC and will communicate the new version to the buyer via the site.
16. APPLICABLE LAW AND COMPETENT COURTS
The GTC are subject to Belgian law. In case of dispute, an amicable solution will be sought before any legal action. The seller and the buyer also have the possibility to address themselves to the European platform for dispute resolution. In the absence of an amicable settlement, the courts of the judicial district of Brussels shall have jurisdiction.