GENERAL CONDITIONS OF USE AND SALE
Updates on 12/19/2021
Website
Les fantaisies de Fa
is an initiative of:
Les fantaisies de Fa
Rue Try-Bas,90
1480 Tubize
Belgique
N° d'entreprise (BCE/TVA) : 0769.904.836 / BE0769904839
E-mail : contact@lesfantaisiesdefa.com
Ph : +32 (0)470 52 81 32
(hereinafter "Les fantaisies de Fa" or the "Seller")
I. GENERAL CONDITIONS OF USE
1. Scope
These general conditions of use (hereinafter the "T & Cs") apply to any visit or use of the platform and its information by Internet user (hereinafter "User").
By visiting or using the platform, the user acknowledges having read these T & Cs and expressly accepts the rights and obligations mentioned therein.
Exceptionally, the provisions of the T & Cs may be waived by written agreement. These exemptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the T & Cs.
We reserve the right to modify our T & Cs at any time, without prior notification, but we undertake to apply the provisions that were in force at the time you used our platform.
2. Platform
a. Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our platform. However, we cannot offer a guarantee of absolute operability and we must therefore consider our actions as being covered by an obligation of means.
Any use of the platform is always at the user's own risk. Thus, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or even harmful elements present on the platform.
We reserve the right to restrict access to the platform or to interrupt its functioning at any time, without obligation of prior notification.
b. Services reserved for registered users
Les fantaisies de Fa largely determines the content of the Platform and takes great care of the information present on it. We take all possible measures to keep our Platform as complete, accurate and up to date as possible, even when the information on it is provided by third parties. We reserve the right to modify, complete or delete the Platform and its content at any time, without liability being incurred.
Les fantaisies de Fa can not offer an absolute guarantee concerning the quality of the information present on the Platform. It is therefore possible that this information is not always complete, exact, sufficiently precise or up to date. Consequently, Les fantaisies de Fa cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information on the Platform.
If certain content on the Platform violates the law or the rights of third parties, or is unethical, we ask you to inform us as soon as possible by email so that we can take appropriate measures.
Any download from the Platform always takes place at the User's risk. Les fantaisies de Fa cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User's computer system, which are entirely and exclusively the responsibility of this last.
c. Services reserved for registered users
1) registration
Access to certain services is conditioned by user registration.
Registration and access to the platform's services are reserved exclusively for legally capable individuals who have completed and validated the registration form available online on the platform as well as these T & Cs.
When registering, the user undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The user must also carry out a regular verification of the data concerning him in order to maintain its accuracy.
The user must therefore provide a valid e-mail address, on which the platform will send him a confirmation of his registration to its services. An e-mail address cannot be used more than once to register for the services.
Any communication made by the platform and its partners is therefore deemed to have been received and read by the user. The latter therefore undertakes to regularly consult the messages received on this e-mail address and, if necessary, to respond within a reasonable time.
Only one registration is allowed per natural person.
The user is assigned an identifier allowing him to access a space to which access is reserved for him (hereafter "Personal space"), in addition to entering his password.
The username and password can be modified online by the user in his personal space. The password is personal and confidential, the user thus undertakes not to communicate it to third parties.
Les fantaisies de Fa reserves in any case the possibility of refusing a request for registration to the services of the platform in the event of non-compliance by the user of the T & Cs.2) Désinscription
L'utilisateur régulièrement inscrit pourra à tout moment demander sa désinscription en se rendant sur la page dédiée dans son espace personnel. Toute désinscription de la plateforme sera effective après que l'utilisateur ait rempli le formulaire prévu à cet effet, dans le délai suivant : 24 à 72h.
3. Links to other websites
The platform could contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between Les fantaisies de Fa and the external website or even that an implicit agreement exists with the content of these external sites.
Fantasies of the Fa has no control over external websites. We are therefore not responsible for the safe and correct functioning of hyperlinks and their final destination. As soon as the user clicks on the hyperlink, he leaves the platform. We cannot therefore be held responsible for any subsequent damage.
4. Intellectual property
The structuring of the platform, but also the texts, graphics, images, photographs, sounds, videos, databases, information applications, etc. which compose it or which are accessible via the platform are the property of the publisher and are protected as such by the laws in force in respect of intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the platform, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, at the exception of the elements expressly designated as free of rights on the platform.
The user of the platform is granted a limited right of access, use and display of the platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial use. Unless prior written consent, users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The user is prohibited from entering data on the platform which would modify or which would be likely to modify its content or appearance.
5. Protection of personal data
The personal data provided by the user during his visit or use of the platform are collected and processed by Les fantaisies de Fa exclusively for internal purposes. Les fantaisies de Fa assures its users that it attaches the greatest importance to the protection of their privacy and their personal data, and that it always undertakes to communicate clearly and transparently on this point.
Les fantaisies de Fa undertakes to comply with the applicable legislation in this area, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
The user's personal data is processed in accordance with the Privacy Policy available on the platform.
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7. General provisions
Les fantaisies de Fa reserves the right to modify, extend, delete, limit or interrupt the platform and the associated services at any time, without prior notification, and without incurring any liability.
In the event of violation of the T & Cs by the user, Les fantaisies de Fa reserves the right to take appropriate sanction and redress measures. Les fantaisies de Fa reserves the right in particular to refuse the user any access to the platform or to our services, temporarily or permanently. these measures can be taken without giving any reason and without notice. They cannot engage the responsibility of Les fantaisies de Fa or give them any form of compensation.
The illegality or total or partial nullity of a provision of our T & Cs will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of a similar scope.
II. GENERAL CONDITIONS OF SALE
1. Scope
These general conditions of sale (hereinafter the "GTC") define the reciprocal rights and obligations in the event of the purchase of products or services on the platform by use (hereinafter "Customer").
The GTC express all the obligations of the parties. The customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptionally, the provisions of the T & Cs may be derogated from insofar as these derogations have been the subject of a written agreement. These exceptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the GTC.
Les fantaisies de Fa reserves the right to modify the GTC from time to time. The modifications will be applicable as soon as they are put online for any purchase after this date.
2. Online Store
Through the platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having a contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller's liability cannot be incurred as a result.
Products and services are offered within the limits of their availability.
Prices and taxes are specified in the online store.
3. Price
The seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in effect at the time of the order will apply, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before the validation of the order by the Customer.
The total amount of the order (all taxes included) and, where applicable, delivery costs is indicated before the final validation of the order form.
4. Online order
The customer has the possibility to complete an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
For his order to be validated, the Customer must accept these T & Cs by clicking on the place indicated.
The customer must provide an e-mail address, his billing details and, if applicable, a valid delivery address. Any exchange with the Seller may take place using this e-mail address.
In addition, the Customer must choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.
5. Confirmation and payment of the order
The seller remains the owner of the items ordered until full payment has been received for the order.
a. Payment
The customer makes the payment at the time of the final validation of the order using the chosen payment method. This validation takes the place of signature.
The customer guarantees the Seller that he has the necessary authorizations to use this method of payment and recognizes that the information given for this purpose constitutes proof of his consent to the sale as well as to the exigibility of the sums due under the order.
The Seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal of authorization of payment by bank card on the part of accredited bodies or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
b. Confirmation
Upon receipt of the purchase validation together with payment, the Seller sends it to the Customer, as well as an invoice, unless the latter is delivered with the order.
The customer can request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a service or a product, the Seller will keep the Customer informed by e-mail as soon as possible in order to replace him or to cancel the order for this product and possibly to reimburse the related price, the rest of the order remaining firm and final.
6. Abonnement
This article applies in addition to the other provisions of the contract for any subscription to which the Customer subscribes via the Platform.
The subscription gives the right to:
- Online help services
The Customer will be invoiced as follows:
- Monthly
Any subscription taken out is for an indefinite period.
The Customer may terminate his subscription after notifying the Seller and respecting a 15-day notice.
7. Proof
Communications, orders and payments between the Customer and the Seller can be proven through computerized registers, kept in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
8. Delivery
Delivery is only made after confirmation of payment by the Seller's banking organization.
The products are delivered to the address indicated by the Customer on the online form serving as an order form. Additional costs resulting from incomplete or erroneous information by the Customer will be invoiced to him. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
Delivery takes place, according to the method chosen by the Customer, within the following deadlines: 2 to 10 days.
a. Order verification
On receipt of the products, the Customer or the recipient checks the good condition of the product delivered or the conformity of the service provided.
In the event that one or more products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately notify the Seller.
The verification is considered to have been carried out once the Customer or a person authorized by him has received the order without making a reservation.
Any reservation not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
b. Delivery error
In the event of a delivery error or non-compliance of the products with the indications on the order form, the Customer informs the Seller within three working days of the delivery date.
Any complaint not made within the time limit cannot be taken into account and will release the Seller from all responsibility towards the Customer.
c. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following terms:
Cancellation period: 14 days
Make the request via the platform.
Return address :
Rue Try-Bas, 90
1480 Tubize
Belgique
Any complaint and any return not made in accordance with the rules defined above and within the time limits set cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
Any product to be exchanged or reimbursed must be returned to the Seller as a whole and in its original packaging. Return costs are the responsibility of the Customer.
9. Guarantees
The seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of the conclusion of the latter.
a. Guarantee of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. However, if the product purchased was second-hand, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after the finding thereof.
10. Right to retract
If the customer is a consumer, he may assert his legal right of withdrawal within 14 working days of delivery of the goods or the conclusion of the service contract.
After having communicated his decision to withdraw, the Customer then has 14 days to return or return the goods.
Any retraction not carried out in accordance with the rules and time limits defined by this article cannot be taken into account and will release the Seller from any liability vis-à-vis the Customer.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in sales condition.
The Seller must reimburse the Customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or of the transmission of proof of the shipment of these goods.
If the order concerns, in whole or in part, digital content not supplied on a tangible medium, the Customer hereby accepts to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.11.
12. Force majeure
If the seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance and beyond his control, it is then a question of force majeure.
In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately informs the Customer.
If the force majeure continues for more than 90 days without interruption, each of the parties to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already provided by the Seller will nevertheless be invoiced in proportion to the Customer.
13. Independence of clauses
The total or partial illegality or nullity of a provision of these GTCS will have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
14. Applicable law and competent jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller's head office.