General terms and conditions of sale
Please read these terms and conditions carefully before using this site. By connecting to this site, you accept these terms and conditions without reservation.
1. General terms and conditions
These general terms and conditions define, without prejudice to the application of specific terms and conditions, the respective obligations of Tulipane Design in relation to all services provided by Tulipane Design, whose registered office is located at 1 Rue Pierre Theunis, Brussels, registered with the Banque Carrefour des Entreprises under company number BE0750986074, hereinafter referred to as the "seller", and any professional buyer or any consumer wishing to make a purchase via the seller's website, hereinafter referred to as the "buyer". The purchaser expressly acknowledges that he/she has had access to these terms and conditions, has read them, understands them and accepts them unreservedly, it being understood that any order for a product via our website implies consultation and express acceptance of the general terms and conditions of sale. These general terms and conditions of sale may be saved or printed by the customer. The provisions not expressly derogated from remain applicable. The application of these general terms and conditions may only be modified by express written agreement. It is agreed that the specific provisions expressly accepted take precedence over the general provisions, in the event of any discrepancy. Furthermore, it is expressly agreed that in the event of a conflict between the client's general terms and conditions and those of Tulipane Design, only the latter shall prevail. The seller reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the order by the buyer. The following definitions apply Buyer: any natural person who has reached the age of majority and has full legal capacity or, failing this, the legal representative of this person. In the latter case, the legal representative is bound by these general terms and conditions. Consumer: any natural person who acquires or uses products placed on the market for purposes other than those of a professional or commercial nature.
2. Characteristics of the goods and services offered
The products and services offered are those listed in the catalogue published on the seller's website, while stocks last. Each product is accompanied by a description drawn up by the seller on the basis of the description provided by the supplier. The photographs in the catalogue are provided for information purposes only and present a faithful image, but are not contractually binding insofar as they cannot ensure perfect similarity with the physical products.
Purchasers wishing to purchase a product or service must
- Be over 18 years of age
- Fill in the identification form or give their customer number if they have one;
- Fill in the online order form giving all the references of the products or services chosen;
- Confirm their order after checking it;
- Acknowledge having read and accepted these terms and conditions;
- Make payment in accordance with the terms and conditions;
- Confirm their order and payment.
The sale is deemed complete when the seller confirms the order. No goods will be dispatched until the order has been confirmed and full payment has been received. Products and services are offered while stocks last. If an item is unavailable, the seller will inform the buyer by e-mail as soon as possible. The buyer will have the option of waiting (in the event of temporary unavailability) or cancelling the order of the unavailable items at no cost.
These conditions apply throughout the duration of the order, our services and the delivery of the goods, as well as to all relations between the buyer and the seller.
5. Delivery - transport
Deliveries are made to the address indicated on the order form, which can only be within the geographical area mentioned in article 8 of these general terms and conditions.
If the purchaser is absent at the time of delivery to the address communicated by the purchaser, the latter may contact the seller within 48 hours in order to agree another delivery date. If the buyer fails or refuses to take delivery of the goods ordered, the seller reserves the right to demand performance of the contract or, after prior formal notice, to consider the contract terminated automatically to the buyer's detriment. In the latter case, the seller will retain an amount equivalent to 30% of the sale price by way of compensation. In the case of a sale to a consumer, the goods are transported at the seller's risk until they are delivered to the delivery address specified by the buyer. From that moment onwards, the buyer alone assumes the risks. Should the goods delivered be damaged, the buyer is obliged to refuse the goods or to accept them by means of a written reservation on the carrier's delivery note, to be completed jointly by the customer and the carrier. Any complaint regarding the goods delivered must reach the seller within 5 days of the date of receipt. The complaint must be sent exclusively by registered letter to the registered office: 1 Rue Pierre Theunis, box 81, Brussels and must be accompanied by a copy of the purchase invoice and the delivery note completed with the written reservation mentioned above. After this period, no further claims for apparent defects will be taken into consideration. In the case of sales to professionals, transport is at the buyer's risk. The delivery times communicated by the seller are strictly indicative in the absence of a written agreement to the contrary. In the event of a delay in delivery of at least fifteen working days, and only in the case of a non-personalised order (item regularly in stock), the purchaser may cancel the purchase without compensation for either party, provided that the purchaser notifies the seller by e-mail within 3 days of notification of the delay in delivery by the seller. The buyer will then be reimbursed by bank transfer to his/her bank account for the total amount of his/her order, including transport costs (if incurred at the time of ordering) within 15 working days. The parties will then be released in full from their respective obligations. In all cases, the following circumstances release the seller from its obligations with regard to delivery times:
1 - Cases of force majeure (including, in particular, strikes, technical incidents, supplier delays and labour shortages);
2 - If the terms of payment are not respected;
3 - If the customer decides to make changes after the order has been placed;
4 - If the customer does not provide us with the desired information within the specified period.
The prices of the products and services displayed on the site are indicated in euros, inclusive of all taxes (VAT and other applicable taxes). The prices shown include transport costs. The seller reserves the right to change its prices at any time. However, the prices applicable to the order are those in force at the time the order is confirmed. The seller reserves the right to pass on to its prices any changes in the rate of VAT that occur before the delivery date.
7. Terms of payment
Payment may be made by Visa, Mastercard or by Paypal. The items ordered remain the exclusive property of the seller until full payment of the order by the buyer.
8. Geographical areas
The online sale of products and services presented on the seller's site is reserved for buyers residing in Europe and for deliveries required in this geographical area.
9. Right of withdrawal
In accordance with the law, the consumer has the right to notify the seller that he/she renounces his/her purchase, without penalty and without giving any reason, within 14 clear days from the day following the delivery of the goods or the conclusion of the service contract. This right of renunciation does not apply to professional buyers. The consumer buyer may also take this step by sending us the following form: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf
Consumers are informed that they may not make use of their right of withdrawal in the following cases (art. VI.53 of the Code of Economic Law):
- Supply of goods made to the consumer's specifications or clearly personalised;
- Goods that are likely to deteriorate or expire rapidly;
- Supply of sealed goods that cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery;
- Supply of digital content not supplied on a tangible medium if performance has begun with the express prior agreement of the consumer, who has also acknowledged that he will thereby forfeit his right to cancel the contract.
that he will thereby lose his right of withdrawal. Within this period, the consumer must notify his/her decision to withdraw by means of an unambiguous statement either by email to the following address (email@example.com), or by post to our registered office address as mentioned above. In the event of withdrawal, the seller will reimburse all payments received from the buyer, including delivery costs but not return costs, without undue delay. The cost of returning the goods shall be borne by the purchaser and the goods shall travel at the purchaser's risk. The goods must be returned in their original packaging, accompanied by all their accessories, the user manual and must not have been subject to any deterioration other than that resulting from the handling necessary to establish their nature, characteristics and correct operation. The seller reserves the right to make only a partial refund if the returned goods are found to be damaged or incomplete.
10. Legal guarantee
The buyer acting for private purposes benefits from legal rights under the law of 1 September 2004 on consumer protection in the event of the sale of consumer goods. In accordance with article 1649 quater §2 of the Civil Code, the consumer is obliged to inform the seller of the existence of a lack of conformity within a period of two months from the day on which the consumer noticed the defect. For second-hand goods, the warranty period is one year from the date of delivery of the goods. This guarantee only covers defects in conformity existing at the time of delivery of the goods. Defects or damage due to improper use, such as water damage, oxidation, dropping or impact, negligence and wear and tear, are not covered by the guarantee. Likewise, repairs carried out by technicians not approved by our services will result in the cancellation of the guarantee. The invoice or delivery note serves as the warranty certificate and must be kept by the consumer and produced in the original. Professional purchasers are covered by the manufacturer's warranty.
11. After-sales service
For after-sales questions, please contact Tulipane Design by email, firstname.lastname@example.org for the submission of requests or complaints.
Reimbursement will be made at the latest within 14 working days following the date of receipt of the goods which are the subject of the request for retraction or following the date of receipt of proof of return of the said goods. The refund will be made to the account via which the order was paid for.
In the online sales process, the seller is only bound by an obligation of means. It may not be held liable for any damage resulting from the use of the Internet and online payment, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems. The information on the site is provided in good faith. Links to manufacturers' and/or partners' websites are provided for information purposes only and have no contractual value. The seller cannot be held responsible for information from these sites. The buyer is responsible for the choice and use of the product delivered by the seller. He/she certifies that he/she is at least 18 years old at the time the order is placed. The seller declines all responsibility in the event of inaccuracy in the information communicated to it by the buyer.
14. Intellectual property rights
All elements of this site, as well as its texts, drawings, photos, illustrations, any films, data, databases, software, domain names, logos and any other element appearing on it, remain the exclusive intellectual property of the seller. Any copy, adaptation, translation, arrangement and/or modification, in whole or in part, in any form and by any means whatsoever - electronic, mechanical or otherwise - is strictly prohibited without the prior written authorisation of Tulipane Design. Any breach of this clause may result in civil, commercial and/or criminal proceedings.
15. Personal data
When making a purchase on its site, Tulipane Design inevitably collects certain data from its clients. The data collected is essential for the smooth running of the service, in particular for delivery and after-sales service, but also for exchanges or refunds. Tulipane Design is committed to complete transparency with regard to the use of its customers' data.
> Collection, use and protection of personal data.
In the context of its commercial activity with its customers, Tulipane Design may ask its customers for certain personal data, such as your surname, first name, address, login, e-mail address, telephone number, mobile phone number, date of birth and language. Tulipane Design may also request other data necessary for the provision of the service, such as bank details required for refund procedures. The data collected is only provided by the clients themselves and solely via the site to which this data protection policy relates. Only the data necessary for the purpose requested by the customer is collected. Personal data will be collected via the electronic registration form provided on the site. Tulipane Design collects the personal data of its clients when they register on the site, place orders or request information. Invoicing and payment details are also stored. Personal data collected by the site is stored on the e-commerce platform used by Tulipane Design, which owns and operates www.tulipanedesign.eu. Data is secured both in terms of access and integrity.
In partnership with the technological host of its one.com site, Tulipane Design has taken steps to ensure the protection of its customers' data against any unauthorised or illicit access, loss or theft of your data. Clients have permanent access to their data and may modify them at any time.
The customer can unsubscribe from the tulipanedesign.eu website at any time. In this case, the client's data will only be retained for a limited period of time and for accounting purposes. All Tulipane Design activity with this client will cease. Tulipane Design only uses its clients' data in the context of its activity and in the interests of its brand. The data will in no way be used financially outside of this activity. It is used in the context of the commercial and administrative services of the tulipanedesign.eu site, to improve the quality of services, to carry out market research and to establish customer profiles, as well as to inform you about our products, services and offers. All the data collected may be combined, with the sole aim of improving the quality of the offer in relation to the customer's personal profile and the customer's experience of the brand.
> Disclosure of personal data to third parties.
Subcontractors may be authorised to access some of our databases. Their access is limited to the data they require as part of their collaboration with Tulipane Design. Apart from this, the data collected is under no circumstances communicated to third parties, unless expressly stipulated for a specific action or if the law requires the communication of your data, for example at the request of the competent legal authorities in the context of a judicial investigation.
> Connection data.
We record information about your connection to our website. This information is used to compile statistics and to improve the quality of our website and our service. When you visit our website, we may use information about your browsing habits on our website and other data we have collected to further personalise our product and service offering. Our website may contain hyperlinks to websites not managed by us. These hyperlinks are provided for your information only. If you visit these websites, we advise you to examine their data protection policies carefully.
16. Severability clause
The invalidity, non-applicability or illegality of one of the clauses provided for in one of the contracts agreed between the parties (specific and general conditions or other agreements) in no way entails the invalidity or nullity of the other provisions of the contract. All the clauses remain valid in their entirety.
Unless they are sued for payment, the parties undertake to attempt to resolve any dispute relating to the validity, interpretation or performance of this agreement by mediation or conciliation. This will begin no later than the 15th clear day following the request for mediation or conciliation notified by one of the parties to the other. Unless the parties expressly agree otherwise, the duration of the mediation or conciliation may not exceed 30 clear days. Once this period has elapsed, the parties will once again be free to bring their dispute before the courts. In the event of a dispute, purchasers acting for private purposes may submit a request to the Consumer Mediation Service. Information on alternative dispute resolution methods can be obtained via the link http://www.mediationconsommateur.be/fr.
We nevertheless reserve the right to submit any dispute to the courts. In the event of a dispute, the courts of the seller's registered office shall have jurisdiction, unless there are binding legal provisions to the contrary. The applicable law is Belgian law, in the French language. The parties accept, within the framework of their relations, electronic means of proof.