General conditions of sale
The customer-consumer has the right to notify the seller that he is renouncing the purchase without penalty and without giving any reason, within fourteen calendar days from the day of delivery of the product.
1. PRESENTATION – DEFINITIONS
has. Cadeline Bijoux (hereinafter referred to as the seller) is the commercial name used by Productions Associés asbl in relation to the marketing of handmade jewelry. Productions Associés asbl has its head office at 1060 BRUSSELS Rue Emile Féron, 70 et est, registered with the ECB under number BE 0896 755 397 and for VAT under number 896 755 397.
b. Cadeline Bijoux can be reached 7 days a week, 24 hours a day at the email address bonjour@cadeline.be
vs. For the application of these general conditions of sale, are considered as:
Product: The merchandise subject to sale is all handmade jewelry;
Customer-consumer: any natural or legal person who acquires a product for purposes excluding any professional nature;
Professional customer: any natural or legal person who acquires a product for professional purposes;
Buyer: Any customer whether consumer or professional
2. ORDER
The entire order process can only be done in French and English.
The main steps in this process are:
A. IDENTIFICATION STEP
In case of first order
The customer is required to create an account via the “Create your account” screen. To do this, they enter their email address then click on the “Create your account” tab.
A form entitled “Your personal information” will then appear.
Once this form is completed, the customer must click on the “register” tab.
As soon as this step is completed, the customer has the option of ordering the items of his choice by following the order process detailed in point B below.
In case of subsequent orders
The customer will have access to the order process detailed in point B below by entering their email address and password in the screen entitled “already registered” after then clicking on the “identify yourself” tab. ".
B. ORDERING PROCESS
The customer, using the “add to cart” tab, will be able to select the desired product(s) in order to place them in their cart.
Once the contents of their basket have been definitively determined, all the customer will have to do is click on the “confirm” tab to arrive at the screen showing the delivery and billing addresses.
The customer will then have to confirm their order using the “next” tab. A screen entitled “Shipping costs” will then appear.
After having accepted the general conditions of sale and having chosen their delivery method, the customer will have to click on the “next” tab.
Finally, the customer will have to choose the method of payment for their order by clicking on the “Payment by bank transfer” tab or the “payment by credit card or Paypal” tab.
As long as the customer does not click on the tab to choose a payment method, in order to confirm his order, he has the possibility of modifying or correcting his order at any time by using the tab " previous ".
Sale to a customer-consumer
In the event of an online purchase, the customer-consumer has the right to notify the seller that he or she is canceling the purchase without penalty and without giving any reason, within 14 calendar days from the day after the day of delivery of the item. product.
In this case, the customer will have to cover the direct return costs.
Sale to a professional customer
In the event of an online purchase by a professional, the sale is complete as soon as the latter has validated their electronic order form.
Trades
The customer has the right to request the exchange of the product or/and any accessory within 15 working days starting from the day of delivery.
In this case, the customer will have to cover the direct return costs except for France, Belgium, the Netherlands and Luxembourg. A free return label is placed in the package for France and the Benelux.
For all countries, while shipping costs of the replacement product and/or accessory will be borne by the seller.
3. PRICE
Prices are net and without rebate, VAT included.
4. PAYMENT
The buyer is required to pay immediately upon ordering, prior to delivery, the entire price either by Paypal or by means of the secure Stripe payment system.
In the event of express written authorization from the seller for payment after delivery, all invoices are payable in cash, at the seller's headquarters upon delivery or upon notice of availability of the product at the seller's premises, unless otherwise stipulated. expressly to the contrary.
If the invoice is not paid within 15 days of the due date, the buyer will be liable to the seller, automatically and without prior notice, for interest in an amount equal to the following rate:
If the buyer acts for non-professional purposes (client-consumer), 12% per year of the amount due, VAT included. In the event of late reimbursement due to the seller's fault, the seller will be owed equivalent compensation.
If the buyer acts for professional purposes (professional client), the rate mentioned in article 5 of the law of August 2, 2002 concerning the fight against late payment in commercial transactions. In addition, any unpaid invoice when due will be increased by a percentage of 15% as lump sum compensation, without prejudice to the damage actually suffered and without however this sum being less than €40.
5. DELIVERY
The product will only be delivered to the buyer after payment of the full price.
6. DELIVERY TIME
Without prejudice to paragraph 3 of this article, delivery times mentioned in the order confirmation are always indicative. In the event of late delivery, the seller will make every effort to meet delivery times or will offer alternative solutions to the buyer in the event of a delivery delay exceeding 10 calendar days.
Without prejudice to article 12, in the event of non-compliance with the agreed delivery date or deadline, the buyer may terminate the sale in the absence of delivery within the new agreed deadline following sending of a notification. remains by registered letter. This deadline cannot be greater than 25% of the initially agreed deadline with a minimum of 10 calendar days. In the event of termination at the end of the new agreed period, the price or deposit paid will be returned to the buyer within ten days following notification of this termination.
Without prejudice to article 12, if the buyer acts for non-professional purposes, in the event of non-delivery within 5 working days from the day after receipt of payment, in the event of payment of advance, or the transmission of the order, in the event of payment after delivery, the latter has the right, by simple notification to the seller, to cancel the sale without prejudice to damages, provided that the seller does not have not yet sent the ordered product.
7. PLACE OF DELIVERY
Delivery of the ordered product is made to the delivery address agreed with the buyer as stated in the order confirmation.
The buyer will bear all costs relating to the transport of the product.
8. CLAIM
Without prejudice to article 11, any complaint relating to the delivery or conformity of the product with regard to apparent defects must be reported to the seller by registered letter addressed to the seller's address, at 4652 HERVE du bief, 30 , within 8 days of delivery. Failing this, the delivery is considered accepted and no claim can be made against the seller due to delivery or apparent defects.
9. RESOLUTION
In the event of non-performance by the buyer and after formal notice remains unsuccessful for one month, without prejudice to article 1184 of the Civil Code, the seller reserves the right to terminate the contract, without prejudice to the right to damages and interest, fixed at 15% of the total price of the goods, including VAT and interest referred to in article 4 of these general conditions. This article does not apply in the event of force majeure as defined in article 12, notified by the party invoking it by registered letter within eight days of its occurrence.
The customer-consumer has the same right with regard to the seller, which will be exercised according to the same terms: In the event of termination of the sale due to the seller's fault, the seller will be owed compensation equivalent to that provided for in the previous paragraph.
10. RESERVATION OF OWNERSHIP
The products sold remain the property of the seller until full payment of the sale price of the product (all accessories included).
11. GUARANTEES
11. 1. Lack of conformity – Hidden defects
11.1.1. If the law of September 1, 2004 relating to consumer protection in the event of the sale of consumer products is applicable to the sale:
The products sold are guaranteed against any lack of conformity within the meaning of the said law for a period of two years, from the making of the product by the seller to the buyer.
The buyer must report the lack of conformity to the seller within two months from the day he noticed this defect, by means of a registered letter.
In the event of a lack of conformity within the meaning of the law of September 1, 2004 relating to consumer protection in the event of the sale of consumer products, the buyer will have the right, unless this is impossible or disproportionate, to demand from the seller the repair of the product or its replacement, all within a reasonable time, and without cost or major inconvenience for the buyer.
If the buyer is not entitled to repair or replacement of the product, or if the seller has not carried out the repair or replacement within a reasonable time or without major inconvenience to the buyer, the latter will have the right to demand from the seller an adequate reduction in the price or, in the event of a serious defect, the termination of the contract, to the exclusion of any claim for additional damages.
This clause does not preclude the guarantee of hidden defects in the item sold, as provided for in articles 1641 to 1649 of the Civil Code and in article 11.1.2 of these general conditions.
11.1.2. If the law of September 1, 2004 relating to consumer protection in the event of the sale of consumer products is not applicable:
Hidden defects are covered by the contractual guarantee for a period of one year, from the date the product is made available by the seller to the buyer.
The buyer must notify the seller of the hidden defect, by registered letter, as soon as possible, and in any case within thirty days from the day on which he noticed this defect or should normally have noticed it.
If repair proves technically impossible, the parties will agree on the most appropriate means to remedy the defects or non-compliance, either the reimbursement of part of the purchase price, the replacement of the product, or the resolution of the sale, without the buyer being able to claim any other compensation.
Beyond one year, the legal guarantee applies if the hidden defect existed at the time of delivery, and provided that it renders the product unfit for the use for which it is intended or that it reduces it. noticeably in use.
11.2. Apparent defects
The products are only guaranteed against apparent defects subject to compliance with article 8 of these general conditions and without prejudice to article 11.1 of the same general conditions.
11.3. Limitations
The seller is not liable for damage caused by the use of the products sold, whether the damage is caused to the buyer, to his products or to third parties, even during the warranty period.
Consequently, the seller will not be liable for any damages for accidents to persons, damage to property separate from the supplies sold, loss of profit or any other harm resulting directly or indirectly from any defect possibly affecting these supplies.
In the event that the seller still finds himself liable, he will only be required to pay compensation which cannot be greater than or equal to the sale price of the product.
The warranty does not cover normal wear and tear of the product, nor defects due to abnormal, faulty or negligent use of the product.
12. FORCE MAJEURE
Circumstances such as strike, fire, machine breakdown, supplier delays, epidemics, danger of war, civil war, lack of energy resources, the prince's act, supplier bankruptcy...are to be considered as force majeure when they have the effect of delaying or making deliveries very difficult. The seller will not have to establish either the unpredictability or irresistibility of these circumstances or the impossibility of performance of the contract.
The seller will inform the customer as quickly as possible of the occurrence of one of the circumstances referred to in the preceding paragraph.
The seller reserves the right to extend any agreed delivery time by a period equal to that during which the force majeure continued. Likewise, if these facts may compromise the execution of the order according to the terms provided, the seller reserves the right to terminate the contract without commitment or liability on its part.
13. PROCESSING OF PERSONAL DATA
These provisions respect the customer's private life in accordance with the law of December 8, 1992 on the processing of personal data and other binding provisions of Belgian law in this area.
The person responsible for processing your personal data is Productions Associés asbl trading under the name Cadeline Bijoux, having its head office at 1060 BRUSSELS Rue Emile Feron 70, registered with the ECB under number 0896 755 397 and for VAT under number 896 755,397.
Cadeline Bijoux can be reached 24 hours a day, 7 days a week at the email address: bonjour@cadeline.be
The personal data communicated to Cadeline Bijoux are processed by it for the management of its customers, which includes in particular the management of the latter's pre-contractual and contractual relationships and the information of the latter as well as for prospecting purposes. commercial (direct marketing).
The customer may object, on request and free of charge, to the processing of data concerning him for commercial prospecting purposes (direct marketing).
In addition, the customer has the right to obtain, free of charge, the rectification of any inaccurate personal data concerning him.
14. APPLICABLE LAW and COMPETENT JURISDICTION
Disputes relating to the interpretation and execution of these general conditions of sale are exclusively governed by Belgian law.
For any dispute relating to the execution and interpretation of these general conditions of sale, the courts of the district of Liège (including the Justice of the Peace of the second canton of Liège) will have exclusive jurisdiction.
This clause remains valid in the event of lis pendens, connection or warranty claim.