Terms of use and sales
1/ Introduction
The present conditions of sales are concluded between:
www.laplantation.com, represented by La Plantation Europe, sprl – Rue Gilles Dagneau 14 – 1390 Grez-Doiceau (Belgium), registered under the number BE0537.396.232 hereinafter referred to as “the seller ”
any major natural person or legal entity wishing to make a purchase via the website www.laplantation.com, hereinafter referred to as “the buyer”.
2/ Definition
The purpose of these general conditions of sale is to inform all potential consumers of the terms and conditions under which the seller sells and delivers the products ordered and, on the other hand, to define the rights and obligations of the parties in connection with the sale of products by the seller to the buyer. They apply, without restriction or reservations, to all sales.
Consequently, any person ordering a product offered for sale on our website enters full acceptance of the present general conditions of sale of which the buyer acknowledges having knowledge prior to his order.
The products are offered for sale in the following geographical territories: Belgium and international
3/ Contract and Orders
3.1/ Characteristics of products
The buyer may, by means of the order, acquaint himself, on the site of www.laplantation.com, with the essential characteristics of the product (s) he wishes to command.
The photographs, graphics and descriptions of the products offered for sale are only indicative and do not bind the seller. The photographs of the products are as faithful as possible but cannot ensure a perfect similarity with the offered product, in particular as regards the colors. The buyer selects one or more products from the various categories offered on the seller’s website. The order of the buyer will be satisfied within the limit of the stocks available at the warehouse of the seller. As part of an order consisting of several items: an unavailability on one of the ordered items causes an e-mail to be sent notifying the buyer of the stock-out. The seller reserves the right to cancel the item missing from the order and process a refund to the buyer.
3.2/ Prices
Prices displayed on the website of the seller, listed in Euros, are those in effect at the time of registration of the order form by the buyer. Transport is not included in the price indicated on the product sheet. The total price indicated in the summary of the buyer’s order is the final price. This price includes the total price of the order with product details and shipping cost. All prices are quoted including VAT. The sales prices of the products can be modified by the seller at any time. This change will be reported to the buyer prior to any order. The prices in force are displayed on the website of the seller on the day of the ordering. For European Union countries: No additional customs duties shall be paid by the buyer. Any change in the VAT rate can be reflected in the price of goods or services. For countries outside the European Union: The buyer or the person acknowledging receipt of the parcel will pay directly to the carrier any customs duties and taxes. Any change in the VAT rate can be reflected in the price of goods or services.
3.3/ Purchase Order
The buyer, who wishes to buy a product, must:
– Provide correct personal information (name, address, telephone number, email address, etc.). This information is collected for concluding the contract of sale. This information is essential for the processing and routing of orders and the preparation of invoices. – Provide the seller with an address to which delivery can be made during business hours.
– Fill in the online order form by choosing the products.
– Confirm his order by making his payment under the conditions provided.
Confirmation of the order implies acceptance of the present conditions of sale, the acknowledgment of full knowledge and the waiver of its own conditions of purchase or other conditions. All the data provided and the recorded confirmation will be proof of the transaction. Confirmation will be worth signing and acceptance of transactions. The seller will communicate by e-mail confirmation of the registered order.
4/ Payment
Payment must be made at the time of the order by the buyer. At no time, the sums paid cannot be regarded as a deposit or installments. All orders are payable in Euros. The buyer warrants to the seller that he has the necessary authorizations to use the method of payment he has chosen, when the purchase order is registered. The seller reserves the right to suspend or cancel any order and / or delivery, regardless of its nature and level of execution, in case of non-payment of any sum due by the buyer or in case payment incident. To settle his order, the buyer has the payment methods proposed by the seller on his website. Preventive measures against fraud and a method of protecting the buyer’s financial information are included in the offer of the secure online payment partner. The total price indicated in the order confirmation by the seller is the amount that will be debited. This price includes the price of the Products, the handling, packaging and transport costs. The buyer’s account will be debited upon confirmation of the order.
5/ Delivery and reception
5.1/ General rules
The products will be delivered to the address indicated by the buyer on the order form, in Belgium or abroad. Failure to comply with the procedures outlined below will result in no acceptance of the buyer’s claim. Orders are processed from Monday to Friday. Subject to the availability of the products, the seller will make his best efforts to have the order shipped within the deadlines displayed on the product sheet and from the working day following that of the validation by the buyer of his order. In the event of an order, the buyer provides the following information under its sole responsibility: – E-mail address – First and last name – Address (street or boulevard number) and building (number and / or letter) – City – Postal code – Country – Telephone In the event of an error in the name of the addressee’s address, the seller cannot be held responsible for the impossibility of delivery. In this case, as in case of cancellation of the order by the buyer after shipping, the shipping costs will not be refunded to the customer by the seller. The data recorded by the seller’s computer system constitutes proof of all transactions between the seller and the buyer.
5.2/ Delivery area
The delivery area includes Belgium, as well as the countries of the European Union and non-European. The choice of the carrier is made by the buyer according to the choices proposed on the website of the seller at the time of the order. The seller is relieved of its obligation to deliver in case of force majeure such as war, riot, fire, strikes, accidents, the state of natural disaster. If the repeated absence of the customer at the time of the delivery causes a return of the products to the seller, the expenses of return and additional costs are the responsibility of the buyer. In no case shall the seller be held responsible for any deterioration of the products in case of late withdrawal or non-withdrawal of the parcel by the buyer. It is understood that the goods always travel at the risks and perils of the recipient. The seller imperatively requires the buyer to check your package upon arrival. In case of missing or degraded parcel and goods, or any doubt whatsoever on the condition or the contents of its parcel, the buyer is obliged to refuse the merchandise by immediately issuing on a statement the ” anomaly to the deliveryman and to report these incidents to the seller by e-mail in the section “contact us”. Any overrun of the delivery time will not give rise to damages, withholding or cancellation of the order by the buyer. In the event of delay in delivery, the buyer must notify the seller in writing (mail, fax, e-mail) to the seller in order to improve the quality of service that can be offered and to allow the seller to carry out an inquiry with the carrier.
5.3/ Right of withdrawal
The right of withdrawal is that defined in section VI “Market practices and consumer protection” of the new Belgian Code of Economic Law, which entered into force on 31 May 2014.
Art. VI.47. § 1. Without prejudice to Article VI.53, the consumer shall have a period of 14 days to withdraw from a distance contract without having to give reasons for his decision and without incurring costs other than those provided for in Article VI.50, § 2, and Article VI.51.
§ 2. Without prejudice to Article VI.48, the withdrawal period referred to in paragraph 1 shall expire after a period of 14 days from:
(1) in respect of service contracts on the day of the conclusion of the contract;
(2) with respect to contracts of sale, from the day on which the consumer physically takes possession of the property by the consumer or a third-party other than the carrier and designated by the consumer, or
(a) in the case of multiple goods ordered by the consumer in a single order and delivered separately, from the day the consumer or a third-party other than the carrier designated by the consumer physically takes possession of the last good;
(b) in the case of a supply of goods consisting of lots or multiple parts, from the day the consumer or a third-party other than the carrier designated by the consumer physically takes possession of the last lot or part; and (c) in the case of contracts for the regular supply of goods for a specified period of time, from the day the consumer or a third-party other than the carrier designated by the consumer physically takes possession of the first good.
(3) in the case of contracts for the supply of water, gas and electricity where they are not conditioned in a defined volume or in a specified quantity, as well as district heating, on the day of conclusion of the contract
Art. VI.49. § 1. The consumer shall inform the company before the expiry of the withdrawal period of his decision to withdraw from the contract. To do this, the consumer can either:
(1) use the model of withdrawal form set out in Schedule 2 to this book, or
(2) make another unambiguous statement setting out his decision to withdraw from the contract.
§ 2. The consumer has exercised his right of withdrawal within the withdrawal period referred to in Article VI.47 (2) and Article VI.48 if he sends the communication concerning the exercise of the right of withdrawal. withdrawal before the expiry of that period.
§ 3. In addition to the possibilities referred to in paragraph 1, the undertaking may give the consumer the right to fill out and transmit on the company’s website on line, either the model of the withdrawal form set out in Article 1 Annex 2 of this book, or another statement without ambiguity. In these cases, the company shall communicate without delay to the consumer an acknowledgment of receipt of the revocation on a durable medium.
§ 4. The burden of proof concerning the exercise of the right of withdrawal in accordance with this Article rests with the consumer
Art. VI.50. § 1. The company shall reimburse all payments received from the consumer, including, where applicable, delivery charges without undue delay and in any case within 14 days of being notified of the consumer’s decision to withdraw from the contract in accordance with Article VI.49. The undertaking shall make the reimbursement referred to in the first subparagraph using the same means of payment as that used by the consumer for the initial transaction, unless the consumer expressly agrees for another means of payment and provided that the reimbursement does not give rise to costs to the consumer.
§ 2. Notwithstanding paragraph 1, the undertaking shall not be obliged to reimburse the additional costs if the consumer has expressly chosen a mode of delivery other than the less expensive standard delivery mode proposed by the undertaking.
§ 3. With respect to contracts of sale, unless it proposes to recover the goods itself, the enterprise may defer repayment until recovery of the goods, or until the consumer has provided a proof of dispatch of the goods, the date chosen being that of the first of those facts.
Rapidly perishable food items or sealed food items are excluded from the right of withdrawal.
6/ Reservation of title
The seller retains full ownership of the products sold until the full collection of the price, including principal, taxes and fees.
7/ Responsibility
The seller cannot be held responsible for the non-performance of the contract in the event of stock shortage or unavailability of the product due to force majeure, disruption or total or partial strike including postal services and means of transport and / or communications. The seller cannot be held responsible for any indirect damage that may occur because of the purchase of the products. www.laplantation.com website also contains information from third parties, and links to other websites. In no event shall the Seller be liable for any damages resulting from the use, access to or inability to use this third-party information or the content of other websites. In any event, and regardless of the possible reason for the seller’s liability, the liability is limited to the amount of the order.
8/ Partial non-validity
If one or more provisions of these general conditions of sale are held to be invalid or declared to be invalid or unenforceable under a law, regulation or because of a final decision of a competent court, all their strength and scope.
9/ Non-waiver
The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these general conditions of sale cannot be interpreted in the future as a waiver to the obligation in question.
10/ Applicable law and jurisdiction
Product sales on www.laplantation.com are subject to Belgian law. Any dispute relating to the interpretation, execution or termination of the contract concluded between the seller and the purchaser, even in the case of a plurality of defendants, shall, in the absence of an amicable agreement, be the exclusive competence of the competent courts of Brussels.
11/ Protection of personal data
The information collected by the seller during any order from the buyer is necessary for the management of his order. In accordance with the law, the Buyer has a right of access, rectification, opposition and suppression of the data concerning him to the seller. For more information, see Protection of personal data. The seller reserves the right to modify at any time these general conditions of sale. In this case, the applicable conditions will be those in effect on the date of the order made by the buyer.
