General terms and conditions: Personal customers
The general terms and conditions of sale (referred to hereinafter as the General Terms and Conditions) set out below govern the contractual relations between any personal customer use of the www.tiroirdelou.com website (referred to hereinafter as the Customer) and the tiroirdelou.com merchant belonging to the company 2Z Concept, which is the designer and operator.
2Z Concept SPRL is a company incorporated under Belgian law, with a capital of 18,600 euros. The company's registered office is situated in Brussels and the company is entered in the Register of Legal Entities under number RPM 0521.748.746. 2Z Concept SPRL is registered for VAT under the code BE 0521.748.746.
These General Terms and Conditions are the only T&Cs that apply; they supersede all other terms and conditions, except where express, written derogation is established. 2Z Concept reserves the right to make modifications to these General Terms and Conditions if the circumstances so justify. The customer is therefore recommended to read them carefully before proceeding to make any purchase via the website. Modifications take effect from the date they are posted online and may not apply to contracts entered into prior to that date.
2Z Concept takes the view that any order confirmation or purchase of a product made by the Customer from the online store at www.tiroirdelou.com and implies prior unconditional acceptance of these General Terms and Conditions, with the Customer having read them online at the time of placing the order. The Customer also acknowledges that he/she is aware of the fact that these General Terms and Conditions do not require his/her handwritten signature when he/she wishes to place an online order for the products presented on the website.
The online store put in place by 2Z Concept on its website at www.tiroirdelou.com has been designed to enable Customers to make their purchases with the greatest convenience and in total security. The store provides, among other things, the following information:
· The product catalogues
· The essential features of the various items
· The price in euros of the products, as well as delivery charges, where applicable
· The availability of stock
· The terms of payment and delivery
· The terms on which products can be exchanged and the Customer's right to cancel
The merchant considers the Customer to have full legal competence, enabling him/her to commit to these General Terms and Conditions.
The aim of these General Terms and Conditions is to state details of the terms of the commercial and contractual relationship between the parties, i.e. between the Customer and 2Z Concept in the context of using the tiroirdelou.com website for the purpose of purchasing goods and services online.
The General Terms and Conditions are, with the order confirmation, the two documents that make up the contract. In the event of any contradiction between these documents, the provisions of the order will take precedence.
The contract comes into effect at the time the purchase order is confirmed. The contract is entered into for the period required for the goods and services ordered to be supplied and runs until the warranty period has expired.
5. Electronic signature
A signature in electronic format is established by the authentication and non-repudiation procedure, as well as by the integrity of the messages and the dual confirmation of the order. An electronic signature is recognised under the law to be the equivalent of a handwritten signature.
The final confirmation of the purchase order by the Customer is the equivalent of his/her signature and consequently constitutes the irrevocable acceptance of the contents of the order, which may not be called into question except in the cases provided for in these General Terms and Conditions, such as the "right to cancel" and "out of stock".
6. Acceptance of orders
Orders that have been given final confirmation by the Customer still need to be accepted by tiroirdelou.com. Orders will be the subject of a confirmation sent by electronic mail, confirming acceptance and at the same time, and as a reminder, providing the contractual information associated with the purchase.
It is recommended that the Customer retain the details relating to his/her order in such a way that these details can easily be reproduced should the need arise. Indeed, the customer service department at tiroirdelou.com may well ask the Customer to provide this information, in full or in part, for any communication relating to a purchase.
The Customer remains entirely responsible for the quality and accuracy of the information he/she provides to the tiroirdelou.com website. The operating company, 2Z Concept, cannot be held liable for any consequences, in particular in relation to delivery, relating to a lack of information on the part of the Customer. Any reshipping costs involved as a result will be charged to the Customer.
Orders will not be finally accepted until payment has been made in full for all amounts owed at the time of the order. The tiroirdelou.com website offers multiple methods of making secure payment in its ordering process.
2Z Concept takes all reasonable measures to guarantee, in a reliable and ongoing manner, the security and integrity of its Customers data. As a result, this data is considered as proof of the transactions carried out on the tiroirdelou.com website and may, if necessary, be produced for the purposes of proof.
8. Information about the products
a) Tiroirdelou.com presents its products for commercial purposes, complete with all of the features that enable the potential Customer to become acquainted, prior to the final order being placed, with the essential characteristics of the products the Customer wishes to buy.
b) The offers available from tiroirdelou.com are only valid while stocks last. Tiroirdelou.com reserves the right to postpone, slow down or even halt the production of a product. The Product sheets available from the tiroirdelou.com website will give the Customer information about the availability of products over time.
c) The descriptive copy and illustrations accompanying the products are provided for information purposes only and in no way constitute contractual documents. 2Z Concepts liability may in no way be invoked if any information, descriptive copy or illustrations contain errors or omissions in comparison with the reality. 2Z Concept hereby notifies the Customer that, depending on the tool used to display the photos or illustrations, the colours of the items viewed on the site may vary in comparison with the reality. As such, the liability of 2Z Concept may not be invoked in any way whatsoever.
d) In the event of products being out of stock or unavailable, if there is a case of force majeure, strikes in the production or distribution chains or any other natural disasters or occurrences, 2Z Concept may not be held liable for the temporary or permanent non-fulfilment of the contracts entered into with its Customers.
e) The tiroirdelou.com website may contain hypertext links redirecting the visitor to other sites, particularly those of its partners. The tiroirdelou.com website does not conduct any checks on or have any control over these links. The operator of 2Z Concept hereby informs all persons that it declines any liability regarding the content of these sites and in particular any shortcomings these sites may have in relation to the statutory or regulatory provisions in effect. However, 2Z Concept would ask any person noting a problem to notify it by electronic mail at email@example.com. As the company with responsibility, 2Z Concept undertakes to take action with the site at fault to the extent of its capabilities.
The prices stated on the tiroirdelou.com website are in Euros. They include all taxes, but exclude delivery charges. Any delivery charges are indicated at the end of the ordering processes and are invoiced in addition to the prices for the items selected. 2Z Concept undertakes that the prices in effect at the time of the order will be the prices invoiced by tiroirdelou.com. The prices take account of the rate of VAT in effect on the day of the order.
10. Payment system
The tiroirdelou.com website offers a range of payment methods at the time the order is placed. These payment methods are detailed here. Any order paid for by bank transfer will only be processed and approved once payment has been received into the 2Z Concept account. Shipping times will be recalculated from the date on which payment is received.
2Z Concept assumes in good faith that the Customer has the necessary authorisations to make a payment via the secure system provided by the tiroirdelou.com website. 2Z Concept may, in full right, suspend the handling of any order and delivery in the event of a payment problems confirmed by the financial institutions and in the event of non-payment.
In particular, 2Z Concept reserves the right to refuse an order from a Customer with whom a dispute may be pending, either through the courts or otherwise.
2Z Concept declines any responsibility associated with the malicious or fraudulent use of one of the payment methods offered on the tiroirdelou.com website.
Full title and ownership of the products sold are retained by 2Z Concept until such time as they have been paid for in full, including all charges and taxes.
In principle, the tiroirdelou.com website shows the availability of the stocks for each product. All products may be ordered based on these stocks. The stocks are automatically updated with each order. Items that are not available will be shown as such on the website (item out of stock, item by special order only, etc.). Items ordered from stock are usually shipped within a maximum of 48 hours after confirmation of payment. Items ordered that are not in stock will be shipped within the times stated at the time the order is accepted. The Customer will note that the lead times stated in these cases are indicative only.
If an order cannot be fulfilled due to the unavailability of the product following an error in the stock count, tiroirdelou.com will notify the Customer as quickly as possible. The Customer will then have the ability to cancel the order in full or in part. The Customer can then choose between receiving a full or partial refund for the order, which will be made at the latest within 30 days after written notification, or exchanging the unavailable items for other items with equivalent features and of an equivalent price, if they are available on the website. Should an exchange not be possible, 2Z Concept will reimburse any money paid in relation to the unavailable items.
Tiroirdelou.com delivers to a large number of countries in the European Union. Delivery charges are adjusted to the destination and notified to the Customer at the end of the ordering process and before the final confirmation by the Customer. Packages are sent out within a period of 48 hours and taken by the carrier to the delivery address given the Customer at the time the order is placed. As soon as the package is ready for shipment, the Customer will be notified by an e-mail from tiroirdelou.com. This e-mail will provide the information and means enabling the Customer to track the delivery stages of his/her package online.
The Customer is required to check the accuracy of the information he/she provides to tiroirdelou.com. 2Z Concept cannot accept any responsibility relative to any data-entry errors and their consequences. Any additional charges in the processing of the order resulting from such errors will be borne by the Customer.
Should the carrier be at fault (significant delay), we advise the Customer to contact us and, where appropriate, report any such fault by e-mail to firstname.lastname@example.org
2Z Concept cannot be held liable for any delivery delays occurring on account of errors or disruptions attributable to the carriers (for example a total or partial strike by the postal services and methods of transport and/or communication).
If the carrier acknowledges the loss of a package, tiroirdelou.com will offer to send the Customer a replacement product at the expense of tiroirdelou.com. If the product(s) ordered is (are) no longer available at that time, 2Z Concept undertakes to reimburse the Customer for the product(s) affected by the carrier?s loss.
13. Problem on delivery
a) When the package is received, the Customer is required to check the condition of the package visually. Any visible anomaly that the Customer is able to note at the time of delivery (package already open or damaged, item missing or damaged) must be reported on the same day or at the latest by the day after the package is delivered by sending an e-mail to email@example.com stating the order references.
b) The Customer is required immediately after delivery to check that the contents correspond with the order. If they do not correspond with the purchase order, the Customer must lodge a complaint with 2Z Concept on the same day or at the latest by the day after the delivery. Complaints must be lodged via firstname.lastname@example.org giving precise details of the way in which the contents delivered do not correspond with the contents of the purchase order. Any complaint lodged once this period has elapsed will be disregarded.
c) Any product to be exchanged or refunded must be returned in full within 8 working days after 2Z Concept notifies its agreement for a return, to the following address:
Rue Joseph Wauters 19
If the above procedure is not adhered to, the complaint for non-conformity or visible defect in the products delivered will not be accepted.
The cost of any corrective shipment due to a "non-conformity" noted and accepted by tiroirdelou.com will be borne by tiroirdelou.com.
14. Cancellation/cooling off
2Z Concept allows its Customers to benefit from a cooling-off period of 14 calendar days to return a product that does not give satisfaction, without any penalty or additional costs, except for the cost of the return carriage. This period begins to run from the day the Customer places the order. The Customer is required to notify 2Z Concept?s Customer Service department by e-mail sent to email@example.com of his/her decision to return the items. The Customer than has a maximum period of 14 days to return the items to 2Z Concept under the terms stated here. This right of cancellation will only be accepted for items received back by tiroirdelou.com in their identical original condition and in their initial packaging. Items returned that are incomplete, spoilt, damaged or soiled will not be taken back. If items are returned improperly, 2Z Concept reserves the right to refuse subsequent orders.
2Z Concept advises the Customer to return the products using a trusted carrier. The Customer is advised to return the goods by recorded delivery, with tracking code and, if appropriate, to take out insurance with the carrier for the retail value of the goods. 2Z Concept declines any responsibility regarding the risks associated with the carrier tasked with returning the product(s).
The value of the items returned will be reimbursed using the method of payment agreed with the Customer or in the form of a credit note to deduct from any future orders.
2Z Concept aims to refund any cancellation in cash within a period of 30 days.
Retraction for personalized or custom-made jewelry orders is not permitted.
15. Force majeure
Neither of the parties will have failed in its contractual obligations should delivery be delayed, impeded or prevented by an accident or case of force majeure. The following will be considered as an accident or case of force majeure: all events or circumstances beyond their control, exterior to the parties, unforeseen, inevitable, independent of the will of the parties and which cannot be prevented by them, despite all efforts reasonably possible. The party affected by such circumstances will notify the other within ten working days of the date on which it became aware of the circumstances. The two parties will then meet, within a period of one month, unless such a meeting is not possible due to force majeure, to examine the effect of the event and to agree the terms on which fulfilment of the contract can be resumed. If the case of force majeure continues for a period in excess of three months, these General Terms and Conditions may be terminated by the injured party.
Specifically, the following are considered as cases of force majeure or accidents, in addition to those usually applied by the jurisprudence of the Belgian courts and tribunals:
- a blockage in the methods of transport or supplies, earthquakes, fires, storms, floods, lightning;
- a stoppage to the telecommunication networks or difficulties associated with telecommunication networks external to Customers.
16. Partial non-validation
If one or more provisions in these General Terms and Conditions is/are deemed invalid or declared as such pursuant to legislation, a regulation or following a final ruling by a competent jurisdiction, the other provisions will retain all their effect and scope.
Should one of the parties not invoke a shortcoming by the other party regarding one of the obligations dealt with in these General Terms and Conditions, this may not be interpreted for a future as a waiver of the obligation in question.
18. Applicable law
These General Terms and Conditions are governed by Belgian law. This applies both to substantive rules and rules of form.
In the event of a dispute or complaint, the Customer will contact tiroirdelou.com as a priority in order to achieve an amicable solution. Should this fail, the courts in Brussels shall have sole jurisdiction.
19. Personal data
As the data provided by the Customer is essential for the processing and delivery of orders, raising invoices and implementing warranties, any lack of data will result in the order being cancelled. When registering on the site, the Customer undertakes to provide honest and accurate information about himself/herself. Providing false information is contrary to these General Terms and Conditions. Any data provided will be the subject of data-processing.
The Customer has the right at all times to access and amend all data relating to himself/herself, in accordance with European statutory texts. In particular, the Customer may at any time lodge a request with tiroirdelou.com to find out what information it holds about him/her. The Customer may ask at any time to have his/her data amended.
If when opening his/her account the Customer has agreed to receive promotional e-mails, such e-mails will be sent to him/her. He/she can at any time ask not receive any further e-mails from tiroirdelou.com by clicking on the link provided and inserted in the footer of each e-mail sent to him/her. Tiroirdelou.com is the sole keeper of data relating to its Customers. If when opening his/her account the Customer has agreed to receive information in the context of specific and ad hoc promotional campaigns, such information may be sent to him/her by tiroirdelou.com and its contractual partners. These partners are specially chosen by tiroirdelou.com and are recognised for the quality of their products and services.
20. Legal information
The www.tiroirdelou.com website is published by 2Z Concept sprl, a company incorporated under Belgian law with a capital of 18,600 euros, whose registered office is situated in Brussels, entered in the Register of Legal Entities under number RLE RPM 0521.748.746, registered for VAT under the code BE 0521.748.746.
For all information and questions, the Customer Service department of tiroirdelou.com is available to the Customer by electronic mail: firstname.lastname@example.org.
21. Intellectual property
The whole of the contents of the tiroirdelou.com website (models, logos, slogans, illustrations, texts, descriptions, brands, images, videos, etc.) is the property of 2Z Concept, its co-contractors or partners. All models, logos, slogans, illustrations, texts, descriptions, brands, images, videos, etc. produced on tiroirdelou.com are protected under the intellectual property legislation for the whole world.
To this end and in accordance with the Intellectual Property Code:
· Any partial or total reproduction of the contents by any process and on any medium whatsoever is subject to the prior express consent of tiroirdelou.com.
· Private use only is authorised, subject to the various and possible more restrictive provisions of the Intellectual Property Code.
· Unless expressly authorised by tiroirdelou.com, no modification, reproduction, hire, loan, sale, distribution or creation of derived works based in full or in part of the elements present on the site is permitted.
· It is strictly forbidden in any way to modify the website or to use modified versions of the website, in particular to gain unauthorised access to the website. Accessing the website by a means other than the interface provided by the site is forbidden.
2Z Concept contracts only for obligations as to means regarding all stages of accessing the site, from the order to the delivery, or to subsequent services. The liability of 2Z Concept may not be invoked for any inconvenience or damage inherent to using the Internet, in particular as the result in a breakdown in service, intrusion from the outside or the presence of computer viruses, or for any other incident that might be qualified as force majeure. In any event, 2Z Concept?s liable under the terms of these General Terms and Conditions may not exceed an amount equal to the sums paid or due for payment at the time of the transaction at the original of said liability, whatever the cause or the form of the action concerned.