Terms and conditions
Article 1 - Definitions
1.1. « The Seller » means the company which coordinates are to be found on the order confirmation.
1.2 « The Website » means the online sales platform hosted at SAS OVH - 2 rue Kellermann BP 80157 59100 Roubaix
1.3 « The Buyer » means any person who buys on the Website.
1.4 The Buyer and the Seller will hereafter be referred to as « the Parties ».
1.5 « The Products » are the goods displayed for sale by the Seller on the Website.
Article 2 - Purpose and Scope
2.1. The Terms and Conditions of sales at hand (hereafter « the Terms and Conditions ») will rule in an exclusive way all the contractual relationships between Seller and Buyer. Those Terms and Conditions define the rights and obligations of the Parties that will apply to any sale of Products and associated services (hereafter “the Products”) to be found on the Website.
2.2. The Terms and Conditions are communicated to the Buyer and accepted by him before any order. They can be found at the following address: : http://orotempo.be/fr/terms-use
2.3. The Terms and Conditions and the order confirmation sent to the Buyer will constitute the Contract and rule the whole of the contractual relations between Parties. In case of contradiction between those documents the order confirmation will prevail. In case of contradiction between the different language versions of the Terms and Conditions, the original French version of the Terms and Conditions will prevail.
2.4 The nullity or non-executory character of any of the provisions of the Terms and Conditions due to a contradiction with legal rules will not affect the validity of the other provisions which will keep their legal force. The provision that will be partially or entirely declared void or nullified shall be declared as non-written and will be replaced or considered to be replaced by a similar disposition in accordance with the legislation and that, as far as possible, will pursue the same goal and effects as the void or nullified provision.
2.5 The Seller reserves the right to, at any given moment, change the Terms and Conditions. He will communicate the new version to the Buyers through the Website.
Article 3 - Description and availability of the Products
3.1. The Products offered on the website or those who appear on the said Website, with a description of their essential characteristics on the day and time the Buyer visits the Website only within the limits of the available supply stock. The Seller will take all reasonable measures to display the availableness of the Products in real time on the Website but cannot be held responsible if a Product is not available anymore, placing him in an impossibility to fulfil an order placed by the Buyer.
3.2. In case of unavailability of an ordered Product, the Buyer will be informed by email and will be given the possibility to either wait until the Product becomes available again or to cancel his order, in which case he will be refunded of the price within 14 calendar days.
3.3. The photos, texts and other descriptive elements that illustrate the Products do not enter the scope of this agreement. If those Photos or texts present a wrongful character, the liability of the Seller cannot be engaged. The Seller pledges to correct any mistake or omission as soon as possible after having been informed of it.
Article 4 - Purchase Price, Preparation costs and delivery costs
4.1. Purchase Price of the Product
The Purchase Price is displayed on the Website (hereafter the « Purchase Price ») in euros, VTA included. The purchase price is settled on the day the order is placed and cannot be raised later on. This price does not include potential delivery costs that may be at the Buyers expense, nor of any rebate and does not take into account the potential gift certificates of which the Buyer may personally dispose.
4.2. Delivery costs
If delivery costs are applicable they will be indicated on the Website next to the Product. In that case, when passing the order, the Buyers commit to pay, the Purchase Price of the ordered Products, but also the delivery costs (hereafter “the Costs”). Those Costs will vary depending on the type and quantity of ordered Products, of the chosen delivery mode and are VTA included. The Buyer may at any moment consult those Costs on the Website by clicking on “Purchase Cart” where a resume of the total amount of his Products Purchase Prices and Costs will be displayed.
The Seller reserves himself the right to change the Costs at any moment, however, the Costs will be billed at the rates in application at the moment of validation of the order and in the limits of the available Product stocks.
Article 5 - Methods of Order
5.1. To complete an order, the Buyer must fill in a form at his disposal on the Website after having read and agreed to the Terms and Conditions. The Seller cannot be held liable for the consequences of a communication of false information. After having filled the form of order the Buyer is invited to confirm his order by clicking on the button “Proceed to Payment”. With this click the Buyer confirms his order and pays the whole of the due sums, which is to say the Purchase Price and the Costs reduced by the potential reductions that would have been granted to him personally. The order confirmation constitutes an electronic signature which, between parties, holds the same value as a written signature and is proof of sale, of the sales modalities and of the payability of the sums due in execution of the order.
5.2. The Seller will confirm every order by email to the Buyer at the address given at the time of placing of the order (here after “the Order Confirmation”). The recorded data by the Seller as well as the Order Confirmation will constitute proof of the contractual relations between Parties and of their content.
5.3. The Seller reserves himself the right to deny or cancel any order or delivery in case of:
(i) An existing dispute with the Buyer,
(ii) Wholly or partially unpaid previous order
(iii) The refusal of credit card payment by the banking institutions
In those cases the Seller will not be held liable.
Article 6- Methods of Payment
The payment of the purchases is done by debit Bancontact, Mastercard, Visa or American Express credit cards immediately after Order Confirmation.
The Product(s) ordered remain the property of the Seller until complete payment of the Purchase Price and the Costs.
Article 7 - Delivery and Non-Compliant Products
7.1. The Delivery is made by the Seller, anywhere in Belgium and in Luxemburg through a partner transport company. The delivery will take place at the Seller’s premises or, if so wished by the Buyer at another address indicated by him at the time of order (Home, workplace, other). If the delivery does not take place at the Seller’s, the delivery will be handed over to the buyer in exchange for a proof of identity. If the Buyer cannot take possession of the Product himself he will warn the Seller by email and indicate the name and contact information of the person he assigned to receive the Product. During delivery to the assigned person a legal mandate will have to be produced as well as a copy of the ID card of the Buyer. If those formalities were not to be respected the delivery will not take place due to security reasons and the Buyer will have to contact the Seller in order to organize a new delivery at his own costs and expenses.
7.2 The Products will be delivered at the time and date mentioned on the Order Confirmation. In case it would be impossible for the Seller to honor those deadlines he will contact the Buyer as soon as possible to set a new delivery date. If the delay exceeds 3 calendar days the Buyer will have the right to cancel the order. The Sale will then be cancelled and the Buyer will be refunded of the Purchase Price and potential expenses within 5 working days.
7.3. The passing of the risks on to the Buyer is fulfilled at the time of delivery of the Product to the Buyer. Every delivery is complete as soon as the Product is handed over to the Buyer or to a third designated by him. The proof of delivery of the product will be kept in a document given by the Seller if the delivery takes place on his premises or, in the other cases, through the control system of the designated delivery company.
7.4. It belongs to the Buyer or to the person designated by him to take delivery, to emit reservations or complaints that appear justified, or even to refuse the package if it appears to have been opened or if it shows clear signs of deterioration.
Any mistake in quantities or specifications of the Products delivered or any damage that occurred to the Products during transport as well as any apparent defect of the Product must be notified in writing to the Seller within 3 calendar days from delivery on. This Notification must be detailed.
In the absence of a written notification, the receipt of the delivered Products will mean agreement as to the quantities, conformity and state in which the Products were delivered as well as to the absence of apparent defects.
7.5 In case of apparent defects, damage that occurred to the Products during transport or delivery or of non-compliant Products with the ordered Products that are identified by the Seller if the delivery takes place on his premises, the Seller will retake possession of the non-compliant, damaged or defect goods and, will proceed to their replacement at the latest within 30 calendar days of identification of the problem.
If the delivery does not take place on the Seller’s premises, in case of apparent defect, damage that may have occurred during transport or delivery of the Products or of delivery of non-compliant Products to the ordered Products that have been notified in due time to the Seller, the Buyer will return the product to the Seller, at the Seller’s costs, in compliance with the instructions to be found in the “Return” section of the Website‘s FAQ. The Seller proceeds to the replacement of the Product as soon as possible and at the latest within 30 calendar days from the date of reception by the Seller of the
Article 8 - Right of Withdrawal and Return Modalities
8.1. The buyer has up to 14 calendar days, from the day of delivery to make use of his withdrawal right. In case the delivery consists of various Products delivered at different times, the 14 days period will start on the day after delivery of the last Product to the Buyer or to the person designated by the Buyer to take possession of the Products. He may exercise this right without sanction or justification by using the withdrawal form to be found in the Terms and Conditions or through an unambiguous statement expressing his decision of withdrawal sent by letter to the Seller at the address indicated on his personal page on the Website. The Seller will acknowledge receipt of the Withdrawal by mail.
From the communication of the withdrawal decision to the Seller, the Buyer shall dispose of 14 days to return the Products to the Seller. If the Buyer fails to do so he will be deprived of his right and the payment will be acquired to the Seller.
8.2. If the delivery takes place on the Seller’s premises, the return will also take place on his premises. In the other cases the return will have to take place at the address indicated in the personal space of the Buyer exception made of contrary instructions received by the Buyer from the Seller in the acknowledgment email of withdrawal. The costs of return of the Products in case of withdrawal and the risks related to the return are at the Buyer’s expenses, who is responsible for the safe return of the Products. The goods can be sent back by mail or any other means at the Buyers disposal but under his responsibility. The Buyer must keep proof of dispatch of the Products.
8.3. In case of use of the right of withdrawal by the Buyer in accordance with the articles 8.1 and 8.2, the Seller will reimburse the Buyer of the Purchase Price and the Costs (exception made of any extra costs that occur due to the Buyers choice of a dispatch mode that would prove to be more expensive than the standard mode of dispatch offered by the Seller) at the latest within the 14 calendar days following the day the Seller has retaken possession of the goods, or until the Buyer provides for a proof of dispatch, whichever of the two is the earliest. The reimbursement will be done through the same method as the one chosen by the Buyer for the initial transaction, unless another payment method is agreed upon by the Seller.
Article 9 - Legal Warranty
9.1. The Buyer will enjoy the legal warranty of articles 1649 bis and following of the Civil Code for all lack of conformity of the Product that existed at the time of delivery and that appear in a span of two years from the day of delivery, unless the Buyer knew about the defect at the time of order or could not reasonably ignore it.
In that case, additionally to damages the Buyer is entitled to require of the Seller to repair or replace the good, in the conditions mentioned here below, or to ask for an adequate price reduction or the rescind the contract as mentioned here below. However, any aggravation of the damage as a result of the use by the Buyer of the good after discovering, or after he should have discovered the lack of conformity will be taken into account.
First, the Buyer has the right to require of the Seller to repair or replace the good, at the Seller’s expenses in both cases, unless proven impossible or disproportionate. Any replacement or repair has to be completed in a reasonable timespan and without any major inconvenient to the Buyer taking into account the nature and the researched use of the good by the consumer.
The expenses referred to in the preceding paragraph are the necessary expenses to make the goods compliant, this includes the dispatching costs of the goods and any labour or material costs necessary.
The Buyer has the right to require from the Seller an adequate price reduction or the rescindment of the contract if :
- the repair and replacement of the good prove to be impossible or,
- the Seller did not complete the repair or replacement in a reasonable period of time or without any major inconvenient to the consumer.
The Buyer has no right to require the rescindment of the contract if the defect is minor.
9.2. The Buyer must inform the Seller of his intentions to call upon the legal warranty in writing at the latest two months from the day of discovery of the defect. The return costs of the non-compliant goods will be at the expenses of the Seller.
9.3. The Warranty does not apply in case of :
(i) non-compliance with the operating or maintenance instructions
(ii) an incompatible usage of the product or a usage in a different manner to what is normally foreseeable
(iii) normal wear and tear;
(iv) maintenance, repair, installation, modification or assembling of the Product by the client or by a third; or
(v) damages due to an improper use of the Product.
For any demand of information or question the Buyer can contact the aftersales service of the Seller by going onto the Seller’s personal page on the Website.
Article 10 - The protection of privacy with regard to the processing of personal data
10.1 A personal data consists of any information that relates to an identified, or identifiable, physical person. The Seller collects and processes the personal data related to the Buyers such as administrative data, the name, surname, address, email address, phone number…
The collecting of personal data is operated legally and loyally. Those personal data are transmitted to the Seller directly by the Buyer.
10.2 The controller of the processing of the personal data is the Seller. As a part of the sales concluded on the Website, the Seller has entrusted the treatment of the Buyer’s personal data to the company Dory sprl, 4 rue des pères blancs, 1040 Brussels, Belgium who will keep those data in her files. The collecting and treating of data are pursued for the following goals:
-The good execution of the Contract;
-To manage customer relations;
-to complete market studies and establish user profiles;
-to detect frauds;
-to complete information operations or promoting operations for the products of the Seller or for the products of his commercial partners;
-to respect its legal obligations.
In compliance with his legal obligations, the Seller has declared the processing of personal data to the Commission for the protection of Privacy.
10.3. The personal data is kept during the necessary period to complete the processing goals.
10.4 The Seller takes every technical and organizational measure required to protect the personal data of any accidental or non-authorized destruction, any accidental loss or modification, any non-authorized access or processing. These measures are regularly adapted in order to insure the highest level of protection of the Buyer’s personal data. The Seller ensures that his employees and partners such as OROTEMPO process in a strictly confidential manner the Buyer’s personal data.
10.5.The Seller can transmit the personal data of the Buyers to a processor or to thirds with whom he enters in partnership agreements. Those processors and thirds will be granted a limited access to the personal data depending on their mission or the purpose of the partnership. The Seller ensures that those processors and thirds take any technical and organizational measure required to protect the personal data of the Buyers to which they have access. Besides from those cases the Seller never communicates any of the Buyer’s personal data to third parties except when it is legally obliged to.
10.6 The Buyer has the right to :
-at any given moment, consult the personal data about himself that the Seller has collected and to correct them if some would appear to be inexact or incomplete.
-require that his personal data be deleted from the OROTEMPO files in order not to be contacted anymore for direct marketing purposes.
-require the deletion of the personal data from all the OROTEMPO files
Any rectification or deletion demand of the personal data must be sent by email to the following address : firstname.lastname@example.org
10.7. The Seller records information about any connections from internet users on the website and the browsers used to do so. This information includes the IP address of the internet user, the time and date of visit, the type of browser used by the user as well as the pages that have been consulted by him. Those connection data are used by the Seller to establish statistics, to improve the Website’s quality and to personalize the offer of products and services. The Seller may identify the IP address of the user and link it to personal data at his disposal if the user is a Buyer.
10.8. The Seller makes use of ‘cookies’. Cookies are elements of information that are planted onto the user’s hard drive every time he visits the Website. Cookies allow the Seller to:
-Establish statistics on frequencies and volume of Website visits and of the other elements composing the Website (Pages, Sections..) in order to improve it.
-Adapt the commercials to the habits of navigation of the internet user in order to adapt the offer to match his interests.
-Adapt the Website presentation to the user’s preferences (language, etc.…) in order to personalize and ease the user’s experience on the Website;
-To ensure the Buyer of a secured Identity control (Account access, Products in the Purchase Cart..)
The user has the possibility to refuse, at any given moment, the planting of Cookies by setting up his browser accordingly. In this case, he loses the possibility to personalize the service that is offered by the Seller. The Seller recommends the users to visit the Website with a recent browser which will provide for a safer experience and the possibility to set up a cookie management according to his preferences, in a simple way.
10.9 Some pages of the Website may contain electronic images or « web beacons » that calculate the amount of users visiting the page. These web beacons can be used jointly with some of the Seller’s partners in order to measure and improve the efficiency of certain actions. The information obtained through these web beacons allow for a simple collection of statistics on the visits of certain pages of the Website, and this in order to improve the service to the Buyers.
Article 11 - Accountability
The Seller only obliges himself to obligations of means, at every stage, from the access to the Website, the order placement, the delivery and to any ulterior service. The accountability of the Seller cannot be sought for any inconvenient or damages inherent to the use of an Internet network such as the disruption of the service, an exterior intrusion, the presence of computer viruses or for any act that may qualify as force majeure. In any case, the accountability of the Seller in terms of the present Terms and Conditions will not exceed the sum paid or to be paid for the transaction from which the accountability arose, whatever the cause or the form of the damage.
Article 12 - Intellectual Property
All the elements on the Website, may they be visual or sounds, including the underlying technology are protected by copyright, brands and patents and in a more general way intellectual property as well as the law regarding databases. They cannot be replicated or reproduced in any case. The Buyer who disposes of a personal website and wishes to place, for his personal use, on his own website a link that would send back to the Website must mandatorily ask the Seller for authorization . In any case, any link, even tacitly agreed upon, will have to be removed on simple demand of the Seller.
Article 13 - Proof
The computerized records that are kept in reasonable security conditions in the computer system of the Seller and of his partners will be considered as proof of communications, orders and payment between Parties.
Article 14 - Contact and dispute settlement
In case he has any question about his purchase, the Buyer can contact the Seller through the forms available on the Website.
In case of a dispute, a friendly settlement will be sought before any legal action can be introduced. In the absence of a friendly settlement, the dispute shall be subject to Belgian law and the exclusive jurisdiction of the Brussels courts.
(Fill in and send back this form only if you wish to make use of your right of withdrawal)
To [fill in]
I/We hereby notify through this form my/our decision to withdraw from the contract of Purchase of the good(s) hereunder:
Ordered the (*)/received the (*) :...........................................................................................................................
Name of the Buyer(s):................................................................................................................................
Address of the Buyer(s):..........................................................................................................................
Signature of the Buyer(s) (Only if sent back by mail) :
(*) Cross as appropriate