GENERAL SALE CONDITIONS
ARTICLE 1 : PREAMBLE
These conditions are signed between party of the first part, the store “PERE DODO”, registered in the Belgian Crossroads Bank for Enterprises (Belgian Companies Database) under the number 0430 114 430 and whose head office is located at BE 4802 Heusy, Avenue du Chêne 116, (hereafter called “PERE DODO”) and, party of the second part, people wishing to make a purchase at PERE DODO via the http://peredodo.com/ website or direct purchases, (hereafter called “THE CUSTOMER”).
- Company name: DECOR HOME SPRLL
- VAT : BE 430 114 430
- Commercial sign: PERE DODO
- Website : www.peredodo.com
- E-mail : firstname.lastname@example.org
The SPRL DECOR HOME markets – via the Web and a physical store - bedding items (mattress, mattress supports, box springs, pillows, feather beds, decoration items and accessories), hereafter called “The Product”. This product is presented on the Web site http://peredodo.com/ (hereafter called “the Web site”) accessible to any user via Internet.
ARTICLE 2 : PURPOSE
These conditions aim at defining the sale methods between PERE DODO and the Customer from order to services, via payment and delivery. They regulate all the necessary steps in the placing of the order until the delivery at the final recipient.
ARTICLE 3: ACCEPTANCE OF THE GENERAL SALE CONDITIONS
The parties agree that their relations will be governed exclusively by this contract, excluding all other former general conditions. If a condition were to fail, it would be replaced by the uses in force in the distance selling sector for companies having their head office in Belgium.
Ordering the Product implies full and unreserved acceptance of the customer of these general sale conditions, to the exclusion of any other document such as prospectus, catalogues, commercial propositions put forth by PERE DODO;
The Customer should, prior to the validation of its order express its knowledge and its acceptance of the general sale conditions by selecting an icon “I approve and I have read the general sale conditions” then clicking on the icon “confirm the order” displayed on the screen.
These general sale conditions are applicable to any legal operation related to the Product whatever its place of destination. No special condition of purchase of the customer can prevail over these general sale conditions, except for prior written formal acceptance of PERE DODO.
Any contrary condition imposed by the Customer will be thus, in the absence of express acceptance, unenforceable to PERE DODO, whatever the moment at which it may have been brought to its knowledge.
ARTICLE 4 : PERSONAL DATA REGISTRATION
ARTICLE 5 : PROTECTION OF PRIVACY
ARTICLE 6 : ORDER PROCESS
Before placing an order, the Customer must log in (article 6.1), express his acceptance of these general sale conditions (6.2) and transmit his order (6.3).
6.1. Addition to the basket
The customer will choose the various items in which he is interested and will successively click on the link “Add to my basket”..
At any moment he can:
- Obtain a summary of the items selected by clicking on the link “My basket”;
- Continue his purchases by clicking on the link “Continue my purchases” ;
- • Finish his selection and execute the order by clicking on the link “Validate and pay”.
The Customer wishing to place an order must beforehand log in. For this purpose, he must fill, according to the information provided to him on line, a form provided to him where he will indicate in particular his last name, first name (or company name), as well as his e-mail address, his postal address and the address of delivery, if it is different, as well as his phone number.
PERE DODO reserves the right to check the exactitude of any information entered by the Customer and in particular his identity and address.
6.3. Acceptance of these general sale conditions
Once the Customer has identified in accordance with article 6.2. above, he expresses his knowledge and his acceptance of the general sale conditions by selecting the icon “I approve and I have read the general sale conditions” displayed on the screen.
6.4. Method of delivery and payement
The customer will choose his method of delivery or removal of the order. We offer two possibilities of delivery to our customers: home delivery or point to point delivery. The removal in store is done in our store of Heusy.
Lastly, the customer will choose the type of payment which he prefers. We work with MultiSafePay, which is a service provider specialized in online payments. You can choose among the following methods: Visa, MasterCard, Maestro, American Express, Bancontact/MrCash, IDeal, etc. After having chosen the suitable payment method, you must enter the payment information requested.
6.5. Validation of the order
After having validated his payment method, the customer finally and irrevocably validates his order. In all cases, whatever the method of payment chosen by the customer, PERE DODO will acknowledge the order as of its validation by e-mail or any other appropriate means.
By the validation of the order, the customer attests that he is, either 18 years or above, or has parental authorization to proceed with the order. The authorised minor undertakes to inform about the collection of his personal data to the parental authority, which may oppose their retention and/or their transmission to third parties.
ARTICLE 7 : CONCLUSION OF THE SALE CONTRACT
The sale contract between the Customer and PERE DODO will be concluded only when the Customer executes his order in accordance with article 6 and when PERE DODO confirms to the customer its acceptance of the order.
The acceptance of the order sent by e-mail will indicate the Total price of the order in Euros and the order number
ARTICLE 8 : PRICE AND PAYMENT METHODS
8.1. The Product prices accessible on the Web site are prices excluding expenses (transport costs, customs duties, insurances, etc.).
The total price of the Product (hereafter called “the Price”) which the Customer plans to order is indicated on the summary screen of his order and includes following information:
- The Price net of tax and excluding expenses of the selected products
- The value added tax amount (if it is applicable)
- Transport and packaging costs
The Prices are expressed and payable in Euros.
Any mention of Prices in currencies other than the Euro is given exclusively for information.
This Price is likely to evolve, in which case, PERE DODO undertakes to inform the Customer prior to any new order.
8.2. Payment methods
The acceptance of the order by PERE DODO and the consecutive shipment of the Product to the Customer can intervene only after validation of the payment means of the Customer and the consecutive debit of the Price from the bank account of the Customer. The Product is always prepaid by the Customer. The payment of the Price of the Products by the Customer is made via a secure electronic payment.
8.3. Security of electronic transfers of funds
The processes of transactions on the Web site of PERE DODO take place with the service provider of secure payments MULTISAFEPAY having its head office in Amsterdam.
As a security expert of payments, MULTISAFEPAY guarantees that sensitive data are transmitted and stored according to the highest standards of security and quality.
The following are not accepted as payment methods: the postal stamps, the transfers attached to the order, as well as cheques.
During the validation of the order, the Purchaser is requested to choose among the following payment methods:
- By credit card or debit card;
- By Paypal: the Purchaser indicates his PayPal account number (provided that it has sufficient balance);
- By credit transfer (not valid for all orders).
In any event, PERE DODO reserves the right to refuse any order or any delivery in the event of:
- existing litigation with the Purchaser;;
- total or partial non-payment of a previous order by the Purchaser;
- refusal of authorization of credit card payment of the banking organizations;;
- non-payment or partial payment;
- use of a Credit card not issued by a European financial institution.
The liability of PERE DODO will not in any case be involved.
ARTICLE 9 : TRANSPORT AND DELIVERY
9.1. Delivery periods
The Product is delivered to the delivery address indicated by the Customer during his order, within a reasonable time defined on the Web site according to the geographical areas of destination of the order, via the carrier indicated by PERE DODO and as per its specific conditions.
The delivery periods indicated on the Web site are for information and do not constitute in any case, a firm commitment of delivery within the aforementioned time. PERE DODO cannot be held responsible for delays of delivery in the event of wrong entry of delivery address, strike of the carrier or for any other emergency.
9.2. Transport costs
The transport costs are not included in the Price of the Products. These expenses vary according to the place of delivery. The precise amount of the delivery expenses is indicated on the summary screen of the customer order, accessible on the Web site.
9.3. Custom duties and other local taxes
The customs duties and other local taxes in the country of the recipient are completely the responsibility of the Customer.
9.4. Charge of the risks
The charge of the risks related to the loss or the damage of the Product is assumed by PERE DODO during the entire duration of the transport of the Product and up to the delivery of the Product.
In the event of damage or any other problem, the Customer must express his reservations to PERE DODO by registered letter or e-mail at the latest in the 48 hours following the delivery.
PERE DODO cannot be held responsible, in the event of absence of the recipient on the delivery of the Product or if the Customer (or the person designated by him) withdraws belatedly or does not withdraw the Product from the carrier after the latter issued a transit advice note to the recipient. Under these conditions, no claim will be accepted.
ARTICLE 10 : INTELLECTUAL RIGHTS
PERE DODO has all the rights on the elements comprising its Web site.
The images, texts, names and logos appearing on the website and on the Products are protected by intellectual property rights whose operation is legally implemented by PERE DODO.
The consultation of the Web site or the order of Products does not involve therefore the transfer of the rights of exploitation (reproduction right, right of representation, etc.) of the protected elements.
The Customer is prohibited from reproducing, adapting, transmitting to third parties, marketing, representing, translating or modifying the protected elements.
Any failure in its fundamental obligations is liable to proceedings.
ARTICLE 11 : LIABILITY
The seller, in the process of online sales, is liable only by an obligation of means; its liability cannot be involved for a damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, rupture of the service, or other involuntary problems.
The data on the site are in addition data in good faith. The links offered towards the sites of the manufacturers and/or the partners are given for information only. The seller cannot be held responsible for information coming from these sites.
PERE DODO cannot be held liable for the non-execution of the contract signed in the event of stock shortage or unavailability of the Product, force majeure, disturbances or all-out or partial strikes, in particular of postal services, means of transport and/or communications, floods, fires.
As stated in article 9, the delivery periods indicated on the PERE DODO site are for information only and do not constitute in any case a firm commitment of delivery within the aforementioned time.
PERE DODO cannot be held liable for the delay of delivery in the event of wrong entry of the delivery address, strike of the carrier for any other force majeure case.
The Customer is only responsible for the payment or customs duties or any other possibly applicable local tax in the country of the recipient.
ARTICLE 12 : RIGHT OF RENUNCIATION AND CLAIM
The Customer (consumer as per law of 6.4.2010 relating to the Practices of the Market and the Consumer Protection) is entitled to notify to PERE DODO that it renounces the purchase without penalty and without indication of reason, within 14 calendar days to be dated from the next day of day of the delivery of the Product.
PERE DODO will give effect to the renunciation by the Customer only if the original packing of the Product has remained intact and if the Product were neither used, nor damaged.
The Customer must be notified by e-mail (email@example.com). On this occasion and as soon as the purchaser observes the time concerned herebefore, the seller confirms to him by an e-mail of authorization of return.
In the case of return and after having informed PERE DODO by e-mail within the time concerned herebefore, the expenses of return of the Product must always be borne by the Customer.
PERE DODO will refund by transfer to bank account whose number should necessarily be indicated in e-mail of notification of return.
Refunding will be done within a maximum period of 30 days as from the day when PERE DODO will have become aware of the will to renounce and in any case after reception of the returned Product.
ARTICLE 13 : GARANTIE
13.1. The Product
As for the consumers, the seller guarantees the products which it sells and the services that it provides in accordance with the law of September 1st, 2004 relating to consumer protection in the event of sale of consumer goods (articles 1649 bis à 1649 octies of the Civil Code).
In the event of nonconformity of a sold product within 2 months of the delivery of the good, the consumer must notify the seller as soon as possible specifically by registered letter or electronic messaging.
This guarantee covers only the existing defects of conformity during delivery of the goods. Defects or damage due to a misuse, such as water damages, oxidation, fall or shock, negligence and wear, are not covered by the guarantee. Likewise, repairs made by technicians who are not approved by the supplier, will lead to the cancellation of the guarantee.
The invoice or the delivery note serves as a guarantee and must be kept by the consumer and produced in original.
If the product is used for non private purposes, the limited conditions of guarantee of the manufacturer/supplier are in force.
Conditions of use of the sold products:
- the conditions of washing and drying must be respected
- the mattresses must be used on non defective mattress supports
- the conditions of use of the products must be respected
The contractual guarantee can in no case reduce or remove the legal guarantees (in particular guaranteed of latent defects and guarantee of nonconformity) to which any purchaser is entitled.
PERE DODO undertakes not to reveal to third parties information communicated by the Customer on the site. Those are confidential. They will be used by its internal services only for processing the order and reinforcing and personalising communication in particular by letter/e-mail of information as well as within the framework of personalization of the site according to the noted preferences of the Customers..
PERE DODO can provide consolidated statistics relating to its Customers and to its sales to third parties of confidence but these statistics will not contain any personal data.
PERE DODO does not trade in any way the data of its Customers.
In addition to PERE DODO, the only users of the data provided by the Customer are the carrier BPOST and Mondial Relay.
ARTICLE 14 : NULLITY OF A CLAUSE
The nullity of one of the clauses of these general conditions, either due to a change of legislation or because of a legal decision, could in no case affect the validity and the respect of all the other clauses appearing in the present general sale conditions.
ARTICLE 15 : PROOF
The computerised data preserved in the computer system of PERE DODO will be considered as the evidence of communications, orders and payments which have taken place between the parties..
ARTICLE 16 : APPLICABLE LAW AND COMPETENCE
Belgian law is applicable to relations between PERE DODO and the Customer.
In the event of disputes, the Customer will address as a priority to PERE DODO in order to ensure an amicable solution.
In the event of failure, only the courts of the legal district of Verviers are qualified whatever the places of delivery and the methods of payment accepted.
The French original text prevails in the event of litigations as for the interpretation or the execution of these general sale conditions.