1.1. These general sales conditions define the respective obligations of the contracting parties in connection with the sales made by La peau de l’ours via its Internet site http://www.lapeaudelours.net. They govern this contractual relationship, in addition to the “Legal Statements - Privacy - Conditions of Use” that are available on the site of La peau de l’ours under the headings bearing the same title. Any clause that is contrary to these conditions is only valid with the written consent of La peau de l’ours.
1.2. Once the purchaser validates his/her order (by clicking on the button “validate the order” on the site of La peau de l’ours), the purchaser expressly acknowledges that he/she has reviewed these conditions, the “conditions of use” and the “legal statements,” and that he/she has accepted them.
1.3. In the event of a contradiction between the general conditions of the parties contracting with La peau de l’ours and these general conditions, it is agreed that these conditions shall prevail, unless agreed otherwise by La peau de l’ours.
For the application of these conditions, the following are considered as stated below:
3.1. After the purchaser has validated his/her order by clicking on the button “validate the order,” the order must be confirmed by La peau de l’ours.
3.2. After receipt of the order, La peau de l’ours shall send to the purchaser (as the address provided by the former in his/her client account) an e-mail that confirms the order. The order is considered to be confirmed upon the transmission of this e-mail to the purchaser by La peau de l’ours.
3.3. After confirmation of the order by La peau de l’ours, in the event that it does not receive payment of the price within a period of 3 days following the validation of the order by the purchaser, the order is considered to be cancelled and the product is placed once again on sale.
4.1. The sales contract is concluded once La peau de l’ours has confirmed the order and received full payment of the sales price and the associated costs, determined in accordance with Article 5 below, regardless of the method of payment chosen by the purchaser. Moreover, the sales contract is concluded subject to the condition that the product is available.
4.2. In the event that the product is not available, the sale shall be considered not to have been concluded. La peau de l’ours will immediately inform the purchaser of this (by the e-mail address provided by the purchaser in its client account) and the purchaser then shall not be debited.
4.3. The product sold shall remain the property of the seller until receipt of the full sales price and the associated costs by La peau de l’ours.
5.1. The price appearing on the internet site of La peau de l’ours is in euros (€), including all taxes, and excluding delivery costs (which are determined in accordance with Article 7 below). Moreover, La peau de l’ours reserves the right to charge to the purchaser, in the price, any changes in taxes which may occur before the delivery date.
5.2. The products that are ordered are invoiced according to the prices stated on the site at the time that La peau de l’ours confirms the order. The sales invoice is transmitted by e-mail to the purchaser at the address that the purchaser provided in his/her client account on the site of La peau de l’ours. La peau de l’ours is not responsible if the e-mail address provided by the purchaser is not available and the invoice shall be considered to be transmitted to the purchaser as soon as it is sent by La peau de l’ours.
5.3. In the event of an order outside of the European Union, La peau de l’ours reserves the right to request from the purchaser additional taxes by means of the shipper, which taxes shall be the responsibility of the purchaser in terms of declarations and payment to the appropriate national authorities. It is the responsibility of the purchaser to obtain information in this regard.
5.4. Any challenges with regard to an invoice must be sent by registered letter to La peau de l’ours within a period of fifteen days following the date that La peau de l’ours sends the sales invoice, otherwise any such challenge shall be considered to be received too late and thus to be inadmissible.
6.1. The payment shall be made in euros (€) by means of one of the payment methods available on the site of La peau de l’ours.
6.2. La peau de l’ours uses secure payment methods. However, the security of the information and the payments transmitted by the internet cannot be guaranteed by La peau de l’ours. It may not be held responsible for any damages resulting from the use of digital means of payment, particularly any damages resulting from a payment failure or delay, the interception or manipulation of digital data by third parties or by any software programmes used for digital communications or for the transmission of viruses.
7.1. The delivery shall take place after La peau de l’ours confirms the order and subject to the validity of the delivery address provided by the purchaser for the delivery.
7.2. The product is delivered to the address provided by the purchaser for this purpose within a period of 7 to 15 days following the issuance by La peau de l’ours of the e-mail confirming the order. These delivery periods are only given as an indication and a delay in the delivery may not in any case give a right to the allocation of damages or any other compensation, nor the cancellation of the sale. La peau de l’ours may not be held responsible for delays or damage caused during transport.
In any event, the following circumstances shall release La peau de l’ours from these indicative timeframes: force majeure (including strikes, incidents of an internal character, delays by the supplier and lack of labour), the failure to observe the payment terms, changes decided by the purchaser after La peau de l’ours has confirmed the order, and a failure by the purchaser to communicate the information requested by La peau de l’ours.
7.3. The delivery and shipping costs are determined at the time of the order on-line and are considered to be approved by the purchaser once he/she validates his/her order on-line.
7.4. The purchaser must accept the product delivered by the shippers according to the terms chosen by him/her at the time of placing the order. The purchaser shall be responsible for all of the costs (warehousing, custody, transport and others) which may result from the fact that he/she does not take possession of the delivered product according to the conditions set for the delivery. The purchaser shall also bear the costs for installation and bringing the product into the location he/she has chosen, if necessary.
The seller of the products sold by La peau de l’ours shall retain ownership of all of the intellectual property rights relating thereto. These conditions may not be considered as granting to the purchaser any intellectual property right whatsoever to the creation (abandonment, assignment, license, ownership rights, right of use, etc.).
9.1. Any claim concerning the delivery or the conformity of the product must be notified to La peau de l’ours in writing within a period of 14 days following the date of the delivery. In the absence of a claim within this period, the merchandise shall be considered to have been accepted by the purchaser and that it is in conformity. This acceptance shall cover all apparent defects and defects of conformity.
9.2. La peau de l’ours guarantees the products it sells against defects for a period of two years, which shall commence upon the delivery of the product to the purchaser. This guarantee may only be activated under the following conditions:
9.3. La peau de l’ours shall not be held liable for any damages caused by the purchaser’s use of the products, nor as a result of force majeure, and even during the period of the guarantee.
10.1. The purchaser possesses a right of retraction of 14 days as from the delivery of the product without having to justify the reasons, in accordance with the provisions provided for in this regard by the Belgian Code of Economic Law in Articles VI.45 et seq.
10.2. This right of retraction is only possible when the professional headquarters of the seller is located in the European Economic Area (namely, the Member Countries of the European Union, Iceland, Norway and Lichtenstein); and when the purchaser itself is located there.
10.3. The purchaser shall exercise this right of retraction by addressing La peau de l’ours and sending an e-mail to the following address firstname.lastname@example.org. La peau de l’ours shall forward this request for retraction to the seller, which shall be responsible for follow-through in accordance with the applicable regulations.
10.4. In the event that the purchaser exercises this right of retraction, only the price for the product and the shipping costs may be reimbursed by La peau de l’ours, and the costs for returning the product shall remain the responsibility of the purchaser. The product must be returned in perfect condition, in its original packaging and it must be sent under conditions that are identical to those of the initial shipment.
If the sales contract is terminated by the purchaser as a result of his/her failings, La peau de l’ours reserves the right to demand the forced execution of the contract, or to consider, after formal notification that remains without effect for a period of 10 days, that the contract is automatically terminated for failings by the purchaser. In this last case:
12.1. Any disputes or challenges relating to these conditions, the “conditions of use” and the “legal statements” are subject to Belgian law.
12.2. Moreover, all disputes shall be brought before the Courts of Brussels (Belgium) without the purchaser having the right to bring these before any other court, even by means of an incidental claim, a call for guarantee, or even an action for guarantee or a declaration of joint judgment.