GENERAL TERMS AND CONDITIONS OF ONLINE SALE
These conditions apply as from 01.01.2014.
The customer should always read the general conditions of online sale before he/she places an online order. With each order, the costumer will be asked to confirm explicitly that he/she accepts these conditions, if not it will be impossible to finalize the order.
1. GENERALITIES AND DEFINITIONS
Only the current conditions of sale are applicable to the online sales by Focus-IT ltd with VAT number BE 475.602.975, which trades under the name of Comptoir d’enfants, to end users and this within the territories of Belgium, the Netherlands, Luxembourg, Germany and France. All other conditions, even those repeated on the order form of the buyer, are excluded.
Comptoir d’enfants can introduce changes to these general conditions of sale at any time.
Every dispute is submitted to the Belgian law. Only the courts of law of Leuven are competent.
Where mentioned, the conditions will only be applicable to the purchase by a “consumer”; this is every natural person or artificial person who makes purchases on the website that are exclusively for non-professional purposes.
2. COMPLETION OF ONLINE SALE
The catalogue with the products and their descriptions that can be found on http://www.comptoirdenfants.be, does not form an offer in itself. That is why it will not suffice to fill out a reservation form on our website to complete the online sale. Only after receiving a confirmation email, the online sale will be completed. Comptoir d’enfants considers itself entitled to ask for additional information for the safety and security of the customer and will refuse to complete the order in the absence of this information. In the case of orders where it turns out that the buyer has the intention to resell the products himself, Comptoir d’enfants can also refuse the sale.
3. MINIMUM AGE FOR PURCHASE
In order to purchase a product, it is necessary to be older than 18 years or to have the permission of a parent or guardian.
4. TRANSFER OF PROPERTY
In derogation from article 1583 of the Civil Code, the sold and delivered goods stay our exclusive property until the complete payment of the invoice. Despite this retention of title, the risks of loss or damages are transferred to the client as from the moment that the goods enter into the possession of the client.
The client can pay his order:
a) By way of traditional transfer
b) By way of a credit card or bank card by using the payment module that is provided in the web shop.
6. DELIVERY PERIOD
For products that are in stock at the moment of ordering, the delivery period will take 2 days to 1 week, and falls under the responsibility of bPost.
For products that are not in stock at the moment of ordering, the customer will always be contacted first in order to agree on a delivery date.
After the completion of the payment and on receipt of the money on our bank account, our parcels will be wrapped up carefully by ourselves. After that, the parcels will be sent via bPost, which will take care in its turn of the safe delivery of the parcel.
The customer is responsible for specifying the correct address. Comptoir d’enfants cannot be held responsible for erroneous deliveries. The customer pays additional shipping costs when the parcel needs to be resent in case of an incorrect address. The shipping will only be completed after all costs have been paid.
Free shipping in Belgium
Free shipping to the Netherlands
Free shipping to Luxembourg from €70, otherwise €9 shipping costs.
Free shipping to Germany from €70, otherwise €10 shipping costs.
Free shipping to France from €96, otherwise €12.50 shipping costs.
Comptoir d’enfants ensures the careful protection of the parcels. In case of force majeure, the parcel might nevertheless suffer damage. The customer should report this in writing within 24h at the latest, otherwise it will be assumed that the customer agrees with the damages. Comptoir d’enfants cannot be held responsible for possible damages.
7. VISUAL MATERIAL
Comptoir d’enfants tries to supply the most accurate and the most faithful pictures of its products. However, slight differences in colour are possible, for which Comptoir d’enfants cannot be held responsible. This also applies to possible misprints or typos in the web shop, invoices or emails.
8. COOLING-OFF PERIOD
The cooling-off period starts after the receipt of the goods and lasts for 14 calendar days. When the cooling-off period has expired, the sales agreement will be fully accomplished.
Unless specified otherwise, you will have the right to dissolve the sales agreement in writing within 14 calendar days after the receipt of the goods, and to return the goods within the same period, without giving the reasons for the cancellation. It is however necessary to inform us about it in writing. This is possible by way of email, in which the customer clearly states that he/she refrains from the purchase. The customer does not have to give a reason for this. The order number, account number of the customer and the proof of sale have to be added in writing. During this period, the customer will handle the product and the packaging with care. He/she will use or unpack the product no more than is necessary to judge whether he/she wants to keep the product or not. If the customer wants to use his/her right of revocation, he/she will return the product to Comptoir d’enfants in a non-damaged and unused state, with the attached labels, in its original state and packaging. The customer will, in the aforementioned case, be responsible for the costs of the return and for the risks that the product undergoes during the transport. If the goods suffer damage during the return or are lost, the customer can no longer claim a compensation. In the case of a written cancellation within the aforementioned period, Comptoir d’enfants will refund the sum paid for the delivered goods, within 30 calendar days after receiving the returned goods, or, by mutual agreement with the customer, deliver an equivalent product. The refund equals the sum paid for the order minus possible shipping and transaction costs. The right on reimbursement or exchange expires when the goods are damaged or the parcel is opened and/or not returned in the original packaging.
9. GIFT VOUCHER
During the purchase, the customer can indicate that he/she disposes of a gift voucher by entering a unique code. Via this code, the voucher will be recognized and its value will be deducted from the price. The gift voucher can be used only once and has to be used completely. A possible residual value, in case of a smaller purchase than the value of the voucher, cannot be returned. Comptoir d’enfants is not responsible for unusable codes due to carelessness after the purchase of the gift voucher.
In case of complaints concerning ordered goods, the buyer can contact Comptoir d’enfants on the number 0468/211688 or at email@example.com.
11. CONSUMER GUARANTEES
11.1. Legal guarantee for consumers
The legal guarantee of two years applies to consumers.
This guarantee only covers a lack of conformity that did already exist at the time of delivery of the goods. As a consequence the following cases are excluded:
– All direct or indirect damages caused to the product after delivery (e.g. because of wear, …), and by the product or its contents;
– Defects due to fire, water damage, lightning, accidents, natural disasters;
– Defects that are caused on purpose, because of negligence or improper treatment, bad maintenance or abnormal use or application of the product contrary to the manufacturer’s prescriptions;
– Damages as a result of commercial, professional or collective use of the product.
The lack of conformity has to be reported within two months after conclusion.
The guarantee is only valid when the consumer appeals to the customer service of comptoirdenfants.be. When the customer directly appeals to the manufacturer, possible costs are at his expense. In case of intervention by a third party that is not appointed by comptoirdenfants.be, the guarantee will expire.
All prices mentioned on the website are inclusive of 21% VAT. All prices are subject to change and possible typos. Comptoir d’enfants cannot be held responsible for this. The prices mentioned on the website are exclusive of possible administration and/or transaction costs.
Both parties accept electronic verifications (email – backup).
14. ATTENTION PROFESSIONAL CUSTOMERS
Changes to the invoice details are only possible until the end of the month in which the order was placed.
For example: when you place an order on the 15th and you want to change the invoice details afterwards, you have to request this before the 30th of that same month.
Afterwards, it will be impossible for us to change them.