Terms of service

GENERAL TERMS AND CONDITIONS OF ONLINE SALE

1. DESCRIPTION

1.1

These General Terms and Conditions of Sale (hereinafter the “GTCS”) define the rights and obligations of the parties in relation to the sale of products and/or services (hereinafter the “Products/Services”) through the website napalosa.com (hereinafter the “Website”). These GTCS govern all sales of Products carried out through the Website.

1.2

These GTCS are entered into between, on the one hand, Nelly Bellegarde, napalosa@gmail.com, affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Belgian Crossroads Bank for Enterprises under number 0896.755.397 (VAT BE 0896.755.397), whose registered office is located at 72 Rue Emile Coenraets, 1060 Brussels, Belgium (hereinafter the “Seller”), and, on the other hand, the person placing an order (hereinafter the “Buyer”).

The Buyer and the Seller are hereinafter jointly referred to as the “Parties”.

1.3

Any order for a Product offered on the Website (hereinafter the “Order”) implies prior consultation and express acceptance of these GTCS by the Buyer, without such acceptance being subject to a handwritten signature by the Buyer.

In accordance with the provisions of the Belgian Act of 9 July 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, validation of the order form constitutes an electronic signature which shall have the same legal value between the Parties as a handwritten signature and shall constitute proof of the completeness of the Order and of the enforceability of the sums due in execution thereof.

1.4

The Buyer wishing to purchase a Product on the Website declares that he or she has full legal capacity to enter into binding agreements.

2. PRODUCTS/SERVICES OFFERED FOR SALE

The Products/Services offered for sale are those displayed on the Website, together with a description of their essential characteristics, on the date and at the time the Buyer consults the Website, and subject to availability.

The Seller shall use all reasonable means to display the availability of Products/Services on the Website in real time. However, the Seller shall not be held liable if a Product is no longer available after an Order has been placed by the Buyer.

In the event that one of the ordered Products/Services becomes unavailable, the Buyer shall be informed accordingly and shall have the option either to amend the Order or to cancel it, in which case any amount already paid shall be refunded.

3. SALE PRICE OF THE PRODUCTS/SERVICES DISPLAYED

3.1

The price of each Product is displayed on the Website (hereinafter the “Purchase Price”) in euros and inclusive of VAT.

This price is valid in the countries for which delivery is available through the Website and does not include preparation and delivery costs, which shall also be borne by the Buyer, nor any deduction resulting from discounts or vouchers granted personally to the Buyer.

The Seller reserves the right to modify its prices at any time. However, Products/Services shall be invoiced on the basis of the Purchase Price in force at the time the Order is validated.

3.2

When placing an Order, the Buyer undertakes to pay, in addition to the Purchase Price of the ordered Products/Services, the preparation and delivery charges (hereinafter the “Charges”).

Such Charges vary according to the type and quantity of Products/Services ordered and the chosen method of delivery, and are inclusive of VAT.

The Buyer may consult the amount of these Charges on the Website by reviewing the “Shopping Cart”, where the total amount corresponding to the Purchase Price of the Products/Services and the Charges is displayed.

The Seller reserves the right to modify the amount of the Charges at any time. However, the Charges shall be invoiced on the basis of the rates applicable at the time the Order is validated and subject to availability.

These Charges shall remain payable and shall not be refunded if the Buyer returns all or part of the Order pursuant to the right of withdrawal.

3.3

Products/Services shall only be delivered to the countries for which delivery is authorised on the Website.

Buyers requesting delivery to an island located within an authorised country may be charged an additional delivery fee.

Any incorrect delivery address provided by the Buyer shall remain the Buyer’s responsibility and may give rise to additional costs.

The delivery times indicated on the Website are not binding and are provided for information purposes only.

Any delay in delivery shall not entitle the Buyer to claim damages or compensation.

The Seller shall be entitled to make partial deliveries.

In the event of non-delivery of the goods, any sums paid by the Buyer shall be refunded without interest or any other form of compensation.

4. ORDER PROCEDURE

4.1

To place an Order, the Buyer must complete the order form made available on the Website and provide all information necessary for identification purposes, including, but not limited to, his or her surname, first name and delivery address.

The Seller shall not be held liable for any consequences resulting from inaccurate information provided by the Buyer.

After completing the order form, the Buyer shall be invited to finalise the ordering process by clicking on “Confirm My Order”.

By doing so, the Buyer acknowledges full and unconditional acceptance of these GTCS and undertakes to pay the total amount due, consisting of the Purchase Price plus the Charges, less any applicable vouchers.

4.2

The Seller shall confirm each Order by sending an email to the email address provided by the Buyer during registration (hereinafter the “Order Confirmation”).

The Order Confirmation shall include in particular:

1. The main characteristics of the goods or services ordered;
2. The identity of the Seller, including its company registration number and trade name;
3. The geographical address of the Seller together with its telephone number and email address;
4. The total price of the goods or services, inclusive of all taxes, transport costs, delivery charges and any other additional fees;
5. The terms of payment, delivery and performance, as well as the date by which the Seller undertakes to deliver the goods or perform the services;
6. The procedures established by the Seller for handling complaints;
7. The conditions, time limits and procedures for exercising the right of withdrawal;
8. The circumstances under which the consumer does not benefit from the right of withdrawal, as provided for in Article VI.53 of the Belgian Code of Economic Law and Article 7 of these GTCS;
9. The existence of the two-year legal guarantee of conformity provided by Articles 1649bis to 1649octies of the Belgian Civil Code and the legal warranty against hidden defects provided by Articles 1641 to 1649 of the Belgian Civil Code and Article 10 of these GTCS;
10. The possibility of using the European Online Dispute Resolution platform to initiate an amicable dispute resolution procedure.

The data recorded by the Seller, together with the Order Confirmation, shall constitute evidence of the contractual relationship between the Parties.

4.3

The Seller reserves the right to refuse or cancel any Order or delivery in the event of an existing dispute with the Buyer, total or partial non-payment of a previous Order, or refusal of payment authorisation by the banking institution responsible for the payment card.

In such circumstances, the Seller shall incur no liability whatsoever.

5. PAYMENT TERMS

5.1

Payment for purchases shall be made by Visa or Mastercard credit card, Maestro debit card, or via PayPal.

5.2

The Products ordered shall remain the property of the Seller until full payment of the Purchase Price and all applicable Charges has been received.

6. DELIVERY

6.1

Delivery shall be carried out by the Seller within Belgium, France, Germany and the Netherlands. Any import duties, customs duties, taxes or other charges applicable upon importation shall be borne exclusively by the Buyer.

6.2

Orders shall be delivered to the address specified by the Buyer when placing the Order.

6.3

For deliveries within Belgium, the Seller shall use its best efforts to dispatch the Order to the delivery address within five (5) business days following validation of the Order and receipt of payment.

The carrier shall attempt delivery at the specified address between 8:00 a.m. and 6:00 p.m. on business days and shall deliver the parcel(s) either to the recipient or to any other person present at the delivery address.

If no person is available to receive the delivery, a delivery notice shall be left at the delivery address.

The Buyer shall then be responsible for contacting the carrier in order to arrange either:

• a new delivery date at the same address;
• a new delivery date at another address; or
• collection from the nearest post office.

If the Buyer fails to take any such action within fifteen (15) days from the date of the delivery notice, or if the Buyer is absent at the time of the second delivery attempt, the Order shall automatically be returned to the Seller.

The Seller shall then contact the Buyer in order to arrange a new delivery of the Order. In such circumstances, additional delivery charges may be invoiced to the Buyer.

6.4

For deliveries outside Belgium, the Seller shall use its best efforts to ensure that the Order is delivered within fifteen (15) days following validation of the Order.

Delivery procedures shall be governed by the postal services or carriers operating in the destination country.

6.5

Where the Buyer appoints the carrier, the risk relating to the ordered Products shall pass to the Buyer at the moment the Products are made available to the carrier.

Evidence of such transfer shall be established by the tracking or control system used by the carrier.

6.6

The Buyer shall inspect the shipment upon delivery and shall make any reservations or claims that appear justified. The Buyer may refuse acceptance of the parcel if it appears to have been opened or bears visible signs of damage.

Any complaint relating to delivery must be sent by email to napalosa@gmail.com with the subject line “Delivery Complaint”, together with supporting photographs, within forty-eight (48) hours following receipt of the Order.

7. RIGHT OF WITHDRAWAL AND RETURN PROCEDURE

7.1

If the Products/Services purchased through the Website do not meet the Buyer’s expectations, the Buyer shall have a period of fourteen (14) calendar days, commencing on the day following delivery, to withdraw from the purchase without penalty and without giving any reason, in accordance with the Belgian Code of Economic Law.

Within this period, the Buyer must notify the Seller of the intention to exercise the right of withdrawal by either:

• Sending an email to: napalosa@gmail.com;
• Providing the Buyer’s full name;
• Providing a detailed description of the Product(s) concerned, including the invoice number and invoice date;

or

• Completing the withdrawal form available on the website of the Belgian Federal Public Service Economy:
  https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf

7.2

Unless otherwise instructed by the Seller, returned Products shall be sent to:

Nelly Bellegarde
Keistraat 21
2000 Antwerp
Belgium

The Buyer may use any carrier or method of shipment of his or her choice and shall retain proof of dispatch.

7.3

If the Buyer wishes to exchange a Product rather than obtain a refund, this must be specified in the email notification.

The Seller shall inform the Buyer whether the requested replacement Product is available and, where applicable, of any additional amount payable or partial refund due.

7.4

All costs and risks associated with returning the Products shall be borne exclusively by the Buyer.

7.5

Where the Buyer validly exercises the right of withdrawal within the prescribed period and returns the Products no later than fourteen (14) days after communicating the decision to withdraw, the Seller undertakes to refund the Purchase Price paid by the Buyer upon receipt of the returned Products.

7.6

In the event of a refund, the Seller shall credit the payment card used for the original purchase with an amount equal to the Purchase Price of the returned Products, less any discounts, vouchers or promotional reductions applied at the time of purchase.

The refund shall be processed in accordance with the procedures of the card issuer or payment provider.

7.7

The Buyer may not exercise the right of withdrawal and/or exchange if the delivered Products:

• have clearly been used;
• have been damaged;
• contain missing parts; or
• have had their labels or tags removed.

7.8

Products must be returned properly protected, in their original packaging, and in a condition suitable for resale.

They must not be damaged, soiled or altered and must be accompanied by all accessories, instructions, labels and packaging originally supplied.

Failing this, the Products may be refused for return or exchange.

7.9

Products shall likewise not be accepted for return or exchange if no information accompanies the shipment enabling identification of the sender, such as:

• return number;
• order number;
• name and surname;
• address.

Products returned but not accepted by the Seller shall remain available for collection by the Buyer at the Seller’s premises.

The Buyer shall remain liable for payment of the Products concerned.

In the event of abnormal or abusive returns, the Seller reserves the right to refuse future Orders.

7.10

Products and/or Services that are custom-made or personalised may under no circumstances be returned, refunded or exchanged.

7.11

The Seller shall display on the Website the conditions, time limits and procedures relating to the right of withdrawal, together with the model withdrawal form.

8. PROTECTION OF BUYERS' PERSONAL DATA

8.1

The Seller collects personal data relating to Buyers, which are provided through the Website or by email.

The Seller undertakes not to disclose such data to third parties.

Such data shall be treated as confidential and shall be used solely by the Seller’s internal departments for the purpose of processing Orders, strengthening and personalising communications, including newsletters and informational emails, personalising the Website according to observed Buyer preferences, and assessing creditworthiness.

8.2

The Seller does not sell, market or rent Buyers’ personal information to third parties.

In the event that personal data must be transferred to or used by third parties, the Seller undertakes to inform the Buyer beforehand and to provide the Buyer with the opportunity to exercise the right to object.

The Seller may provide trusted third parties with aggregated statistical information relating to Buyers, sales activity, transaction structures and Website usage, provided that such statistics contain no personal data.

Nothing in this Article shall prevent the transfer or assignment of the Seller’s business activities to a third party.

8.3

The Seller shall retain personal data only for the period necessary to achieve the purposes for which such data are processed.

In determining the appropriate retention period, account shall be taken of:

• the quantity, nature and sensitivity of the personal data;
• the purposes for which the data are processed;
• the possibility of achieving those purposes by alternative means;
• applicable legal and regulatory obligations.

When personal data are no longer required, they shall be securely destroyed.

8.4

The Buyer has the right to:

• request information as to whether the Seller processes personal data concerning the Buyer and, where applicable, which data are processed and for what purposes;
• access and rectify personal data;
• object to processing based on reasons relating to the Buyer’s particular situation;
• obtain erasure of personal data or restriction of processing;
• receive personal data in a structured, commonly used and machine-readable format and transmit such data to another controller;
• lodge a complaint with the competent Data Protection Authority where the Buyer considers that processing infringes applicable laws or regulations.

The Buyer may exercise these rights by submitting a dated and signed request together with a copy of a valid identity document for security purposes.

Requests may be sent by post to:

Nelly Bellegarde
Keistraat 21
2000 Antwerp
Belgium

or by email bearing a valid electronic signature to:

napalosa@gmail.com

The exercise of these rights shall be free of charge.

However, where a request is manifestly unfounded or excessive, the Seller may refuse to act on the request and/or charge a reasonable administrative fee.

9. LIABILITY

9.1

The Seller is subject only to an obligation of best efforts with respect to all stages relating to access to the Website, order processing, delivery and any subsequent services.

The Seller shall not be held liable for any inconvenience, loss or damage arising from the use of the Internet network, including, but not limited to:

• interruption of service;
• external intrusion;
• computer viruses;
• any event qualifying as force majeure.

In any event, the Seller’s liability under these GTCS shall be limited to an amount equal to the sums paid or payable in connection with the transaction giving rise to such liability, regardless of the cause or form of action.

9.2

The Seller shall not be liable for any delay in performance or failure to perform its obligations where such delay or failure results from events beyond its reasonable control, including cases of force majeure.

10. LEGAL GUARANTEE OF CONFORMITY

All Products purchased through the Website benefit from:

• the statutory two-year legal guarantee of conformity provided for by Articles 1649bis to 1649octies of the Belgian Civil Code; and
• the legal warranty against hidden defects provided for by Articles 1641 to 1649 of the Belgian Civil Code.

In accordance with Articles 1649bis to 1649octies of the Belgian Civil Code, consumers are entitled, among other remedies, to obtain the repair or replacement free of charge of Products presenting a lack of conformity within two (2) years from delivery, provided that the claim is made before expiry of this period, or within one (1) year from discovery of the defect if that period is longer.

Where a defect appears within the first six (6) months following delivery, the Seller shall, in principle, be presumed liable.

However, the Seller may rebut this presumption by demonstrating that the defect results from improper use by the Buyer.

Where the defect appears after the first six (6) months, the Seller may require the Buyer to establish that the lack of conformity already existed at the time of delivery.

11. INTELLECTUAL PROPERTY

All elements of the Website, whether visual, audio or otherwise, including the underlying technology, may be protected by copyright, trademark rights or, more generally, intellectual property rights.

Such elements are the exclusive property of the Seller.

The Seller authorises the Buyer to create a simple hyperlink on the Buyer’s own website directing users to the Seller’s Website.

However, any hyperlink to the Website using framing, inline linking or deep-linking techniques is strictly prohibited.

In all cases, any link, including those tacitly authorised, must be removed immediately upon request by the Seller.

12. CONTACTING THE SELLER

Should the Buyer have any questions concerning a purchase, the Buyer may contact the Seller by means of the contact form available in the “Contact” section of the Website or by email at:

napalosa@gmail.com

13. SEVERABILITY AND ENTIRE AGREEMENT

Should one or more provisions of these GTCS be held invalid or declared unenforceable pursuant to a law, regulation or final decision of a competent court, the remaining provisions shall remain in full force and effect.

14. EVIDENCE

Electronic records stored in the computer systems of the Seller and its partners under reasonable security conditions shall be considered valid evidence of communications, Orders and payments exchanged between the Parties.

The Parties expressly acknowledge and accept the principle of electronic evidence in their contractual relationship, including but not limited to emails, electronic backups and digital records.

15. AMENDMENTS

The Seller reserves the right to amend these GTCS at any time.

Any updated version shall be communicated to Buyers through publication on the Website.

16. APPLICABLE LAW AND COMPETENT COURTS

These GTCS shall be governed by and construed in accordance with Belgian law.

In the event of a dispute, the Parties shall first seek an amicable resolution before commencing legal proceedings.

The Buyer shall also have the right to refer the dispute to the European Online Dispute Resolution (ODR) Platform for the purpose of initiating an out-of-court settlement procedure.

Failing an amicable settlement, the courts of the Judicial District of Brussels, Belgium, shall have exclusive jurisdiction to hear and determine any dispute arising out of or in connection with these GTCS.