Conditions d'utilisation

TERMS OF SALE

 

General Provisions

 

This website (www.baobabcollection.com) (hereinafter the “Website”) is operated and managed by the limited company Baobab Collection (hereinafter “Baobab Collection”), trading under the name “Baobab Collection”, registered with the Crossroads Enterprise Database in Belgium under number 0870.667.050, with its registered office at 5 Avenue Eiffel, 1300 Wavre and intracommunity VAT number BE870.667.050.

 

The contact details of Baobab Collection are:

 

Telephone number:      +32 10 84 01 24

 

E-mail address:                        info@baobabcollection.com

 

These terms of sale (the “Terms of Sale”) are entered into by Baobab Collection (“the Vendor”) and any natural person acting for purposes that do not fall within the scope of his or her commercial, industrial, artistic or professional activity who wishes to make a purchase via the Website (“the Customer”) (hereinafter collectively referred to as the “Parties”).

 

The placement of an order via the Website assumes prior consultation and acceptance in full by the Customer of these Terms of Sale, which are available on the Website. The Parties agree that their relationship is governed by these Terms of Sale.

 

Baobab Collection reserves the right to amend these Terms of Sale at any time, promptly and without notice, by posting a new version on the Website. These Terms of Sale may under no circumstances be amended by the Customer. The version of these Terms of Sale in force is that available on the Website at the time the order is placed by the Customer.

 

If one or more provisions of these Terms of Sale are rendered invalid further to a Belgian statutory provision or a judicial decision, the remaining provisions shall remain in full force and effect.

 

Orders may be placed in French, Dutch, English, Italian or Spanish.

 

Once an order is completed, a summary is sent to the email address provided by the Customer for the latter’s records. The order is also archived by Baobab Collection.

 

Article 1.              The Customer

 

In order to be able to validly place an order on the Website, the Customer must be at least 18 years of age and have legal capacity or, if the Customer is not at least 18 years of age, have parental authorisation to place an order on the Website. The Customer thus declares that he or she has the necessary capacity to enter into a contract and is not under guardianship. Baobab Collection reserves the right to request that a Customer prove his or her age or parental authorisation and not to honour the Customer’s order if the latter fails to provide proof to this effect.

 

When the Customer provides to Baobab Collection, via the Website, information necessary for delivery and billing of the Product(s) displayed on the Website, the Customer must ensure the accuracy and completeness of the information provided. In the event of an error in the recipient’s contact details, Baobab Collection may not be held responsible should it prove impossible to deliver the Product(s) [as defined below] ordered.

 

Baobab Collection reserves the right to cancel an order (with a refund) which it suspects does not meet the abovementioned conditions, without incurring any liability in this regard.

 

Article 2.              Products

 

The products of BAOBAB COLLECTION or any other product offered for sale by Baobab Collection (hereinafter the “Product(s)”) are those presented on the Website on the date of consultation of the Website by the Customer. Baobab Collection takes great care to ensure that the Products displayed on the Website are presented and described as accurately as possible.

However, photographs and descriptions of the Products are indicative only, not contractually binding. Baobab Collection is not responsible for any errors or omissions in any presentation of the Products. Baobab Collection shall fill orders placed by the Customer while supplies last and shall use its best efforts to ensure the availability in stock of the Products offered for sale on the Website.

 

Article 3.              Orders

 

The Customer expressly acknowledges that the placement of an order entails a payment obligation.

 

Once payment is made (see Article 6 below), the Customer shall receive an email from Baobab Collection acknowledging receipt of the order and summarising it. This message shall be sent to the email address provided by the Customer.

 

Article 4.              Unavailability

 

Should one or more Products ordered by the Customer be temporarily or permanently unavailable, despite Baobab Collection’s best efforts, or if the delivery time exceeds by more than eight (8) days that initially indicated (except in the event of force majeure), Baobab Collection shall inform the Customer accordingly by email.

 

The Customer will then have the possibility to amend or cancel the order by sending an email to onlinesales@baobabcollection.com within fifteen (15) working days after being informed of the delay by Baobab Collection. If applicable, Baobab Collection undertakes to refund to the Customer any payment already made as soon as possible and in any case no later than fifteen (15) days from the date of modification or cancelation of the order. No additional amounts shall be paid by Baobab Collection to the Customer.

 

Article 5.              Prices

 

The prices for the Products indicated on the Website are expressed in euros (€) for deliveries in Europe excluding the United Kingdom and in pounds sterling (£) for deliveries in the United Kingdom and include all taxes. However, they do not include delivery fees or any possible import duties which may not be reasonably calculated in advance within the meaning of Article VI.45.5 of the Code of Economic Law.

 

Delivery fees will depend on the place to which the Product(s) are sent. They are calculated automatically and expressly indicated in the order summary, prior to payment by the Customer. The following delivery fees currently apply:

Country of delivery

Belgium, France (with the exception of overseas territories and Corsica), Germany, the Grand Duchy of Luxembourg and the Netherlands

Austria, the Czech Republic, Denmark, Estonia, Hungary, Ireland, Italy (including Sardinia and Sicily), Latvia, Lithuania, Monaco, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom

Bulgaria, Croatia, Finland, Greece, Norway and Romania

Fees

 EUR 7.5/GBP 7.5

EUR 12/GBP 12

EUR 18/GBP 18

Free delivery as from

 EUR 100/GBP 100

EUR 150/BGP 150

EUR 200/GBP 200

 

These delivery frees are not applicable to deliveries to islands, which are determined on a case-by-case basis.

 

In the event of withdrawal, the fees to return the Product(s) shall be borne by the Customer (see Article 10 below).

 

Promotions and rebates, if any, shall be applied to the Customer’s order if the Customer meets the eligibility criteria and correctly enters the promotional codes(s).

 

Baobab Collection reserves the right to modify the prices displayed on the Website at any time, without prior notice being required. The prices applicable to the Customer’s order are those indicated on the Website at the time of validation of the order by the Customer.

 

Article 6.              Payment

 

The Website allows secure payments to be made by Visa, Mastercard and Maestro.

 

No banking information is stored on the server, and Baobab Collection does not have access to the bank details of the Customer: payments are made through an external platform, Hipay, which guarantees a heightened level of security for transactions performed via the Website.

 

If the Customer wishes to pay with a foreign credit or debit card, the card must be authorised for international transactions. Any commission or cost associated with payment for which the Customer is billed shall be borne by the latter. The Customer warrants to Baobab Collection that he or she is entitled to use the bank card used to make the payment.

 

The total amount to be paid for the order is indicated to the Customer on the web page summarising his or her “shopping basket”, i.e. all items that make up the order. Before proceeding with payment, the Buyer thus has the possibility to verify online the details of his or her order and the total price and to correct any possible errors that he or she could have made when placing the order.

 

Once payment is made by the Customer, the order is validated and becomes final, without prejudice to the right of withdrawal provided for by Article 10 below.

 

The Customer expressly accepts and acknowledges that the provision of his or her bank details (full name, card number, expiration date and CVC number) are equivalent to an authorisation to debit his or her account up to the total amount due for the order.

 

In principle, the Customer’s account is only debited when the order is dispatched to the Customer, in order to avoid the Customer being charged for a Product that is not immediately available.

 

Article 7.              Title to the Products

 

Baobab Collection retains title in full to the Products until the receipt of payment in full of all invoices, including fees and taxes.

 

Article 8.              Delivery

 

The order shall be shipped to the delivery address indicated by the Customer when placing the order via the Website.

 

If delivery cannot take place or if the Customer refuses delivery, the package shall be returned to Baobab Collection, and the Customer shall be refunded within fifteen (15) days from receipt of the package by Baobab Collection.

 

Baobab Collection may not be held liable for the proper performance by external carriers of their obligations, without prejudice to any rights the Customer may have in their regard (within the meaning of Article VI.44 of the Code of Economic Law).

 

If the direct liability of Baobab Collection is raised, Baobab Collection may be released from said liability, in whole or in part, by producing proof that the breach or improper performance of the contract with the Customer is attributable to the latter or to an unforeseeable and unavoidable act by a third party to the contract or to an event of force majeure.

 

Article 9.              Delivery times

 

Upon receipt of payment for the order, Baobab Collection shall do the necessary to process it and ship the Product(s) ordered as soon as possible.

 

Delivery times may vary depending on the country of delivery selected by the Customer and the time at which the order is placed. Overall, delivery times shall not – except in exceptional cases – exceed eight (8) days from the day after which an order is paid for by the Customer and received by Baobab Collection, from Monday to Friday before 12.00.

 

Delivery times depend on (1) the processing time by Baobab Collection, (2) the carrier’s delivery times, and (3) customs clearance.

 

  1.               Processing time

 

In the vast majority of cases and for information purposes only, it should be noted that Products are shipped by Baobab Collection within two working days following the placement of an order before midnight (GMT+1) on the preceding day.

 

  1.               Carrier delivery times

 

Baobab Collection ships orders through external postal services, primarily DPD (hereinafter DPD).

 

For information purposes only, their delivery times are as follows:

 

Europe: 3 to 8 working days

 

  1.               Customs clearance

 

For deliveries outside the EU, customs clearance is, if applicable, handled by the external postal service prior to physical arrival of the goods.

 

Article 10.           Right of withdrawal: returns

 

The Customer benefits from a statutory withdrawal (retraction) period of fourteen (14) clear days from the date on which the Customer (or a third party designated by the Customer, other than the carrier) takes physical possession of the Product(s) ordered via the Website, without having to justify this decision. Products purchased directly from distributors, retailers or other websites other than the Website may under no circumstances be returned directly to Baobab Collection.

 

To obtain a refund for a returned Product, the Customer must, prior to expiry of the fourteen-day withdrawal period and before returning the Product(s), inform Baobab Collection of his or her decision to retract the order, by making a clear return request on the Website’s Order History page.

 

Baobab Collection shall acknowledge receipt of the return request by sending an e-mail entitled “Awaiting Return Package”, mentioning that any fees to return the Product(s) shall be borne in full by the Customer. This e-mail shall contain a return slip, which the Customer must print out and place inside the package as well as a return label, which the Customer shall affix to the outside of the package. The Customer shall then take the package to a DPD parcel pick-up shop. The Product(s) must be returned within fourteen (14) days following communication of the Customer’s decision to withdraw the order.

 

The Product(s) must be returned in their original condition and packaging.

 

Baobab Collection shall refund any payments received from the Customer, including, if applicable, delivery fees, if the Customer returns the order in full. However, any fees to return the Product(s) to Baobab Collection shall be borne by the Customer. If applicable, they shall be deducted from the total amount to be refunded by Baobab Collection to the Customer.

 

The returned Product(s) shall be refunded by wire transfer to the bank account debited to place the order within a period of no more than fourteen (14) days following the date on which Baobab Collection is informed of the Customer’s decision to withdraw the order, in accordance with the provisions set out above. However, Baobab Collection may delay the refund until effective return of the Product(s) to the address indicated on the return slip or until the Customer provides clear proof of shipment of the Product(s), whichever is earlier.

 

If the package is not received by Baobab Collection and without proof of proper distribution by DPD, the Product(s) shall not be refunded or exchanged and Baobab Collection may not be held liable.

 

Packages received by Baobab Collection that are not returned in accordance with the abovementioned procedures shall not be refunded by Baobab Collection.

 

The Customer bears all risk associated with return of the Products.

 

Article 11.           Delivery mistakes

 

Should the Customer exceptionally receive from Baobab Collection a Product that does not correspond to the order, the Customer should contact Baobab Collection at onlinesales@baobabcollection.comas soon as possible, and in any case within fourteen (14) days following receipt of the order. Baobab Collection shall then confirm noncompliance of the delivery with the order and indicate the return procedure, which shall be at Baobab Collection’s expense.

 

IMPORTANT: For returns/exchanges originating from countries outside the EU, the Customer shall clearly indicate on the customs waybill that the shipment pertains to non-commercial goods without resale value, so that no customs duties will be charged to Baobab Collection. In the event of a return, Baobab Collection shall proceed likewise to that the Customer does not have to pay customs duties twice.

 

The Customer may not exercise the right of withdrawal set out above for Products made to the Customer’s specifications or that are clearly personalised within the meaning of Article VI.53 of the Code of Economic Law.

 

Article 12.           Warranties

 

All Products sold on the Website www.baobabcollection.com benefit from the statutory guarantee of conformity and the warranty against defects provided for by the Belgian Civil Code.

 

To rely on these warranties, the Customer must possess the invoice issued by Baobab Collection. In the event of a defect, the Customer is obliged to inform Baobab Collection as soon as possible and in any case within fifteen (15) days following discovery of the defect.

 

The statutory warranty does not apply to defects resulting from accidents, negligence, inappropriate use, noncompliance with the instructions for use, or in the event of modifications or adaptations to the Products or any other incorrect use by the Customer.

 

Article 13.           Privacy and cookies

 

Personal data must be provided by the Customer and gathered by Baobab Collection when an order is placed. In the absence of this information, Baobab Collection will be unable to process the Customer’s order.

 

In accordance with the Act of 8 December 1992 on the protection of privacy, the Customer has the right to access, request the rectification of, object to and request the erasure of any of his or her personal data held by Baobab Collection.

 

Article 14.           Proof

 

The Customer acknowledges that the electronic communications and Website back-ups regularly made by Baobab Collection may be used to establish proof of a transaction between the Customer and Baobab Collection.

 

Article 15.           Force majeure

 

Baobab Collection may not be held liable for noncompliance in whole or in part with these Terms of Sale should an event of force majeure arise such as (but not limited to) problems with the customs authorities, strikes, bankruptcy of third parties on which Baobab Collection relies, non-delivery or late delivery of goods by external suppliers of Baobab Collection, or the imposition of trade restrictions or new regulations.

 

Article 16.           Applicable law and jurisdiction

 

These Terms of Sale are governed by Belgian law, regardless of the country of delivery, without prejudice to mandatory rules of law in the Customer’s country of residence.

 

Before taking legal action, the Parties should try to settle their disagreement. If it is not possible to reach a settlement, any dispute relating to the interpretation and/or performance of these Terms of Sale shall be submitted to the competent courts determined pursuant to Regulation (EU) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters.

 

The Parties may also file a complaint online with the European Commission’s dispute resolution platform at https://ec.europa.eu/consumers/odr/.

 


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