The present general conditions of sale are concluded, on the one hand, by Balaïa via its website , hereafter called "the Seller" and, on the other hand, by any individual or legal entity wishing to proceed to purchase via the website of the Seller, hereafter called "the Buyer".
The present conditions of sale aim at defining the contractual relations between the Vendor and the Buyer as well as the conditions applicable to any purchase made through the website , its Facebook page, its Instagram page, or any other interface.
By using this website or by placing an order on it, the Buyer agrees to be bound by these Conditions and by the Seller's Data Protection Policies.
These Terms and Conditions of Sale shall prevail over any other general or special conditions not expressly agreed to by the Seller.
The Seller reserves himself the right to modify, at any time and at his discretion, the Terms and Conditions. The modified general conditions will come into force as of their publication on the website . They will be applicable only to contracts concluded after the entry into force of the above-mentioned modification(s).
The purchase of the products on the website is reserved for adults Buyers or minors with parental authorization.
The proposed products appear in the catalog published on the Seller's website . Each of them is accompanied by a description, as exhaustive as possible, written out by the Seller.
In case of error(s) or possible omission(s) relating to this description, the responsibility of the Seller can in no way be engaged. The Seller makes every effort to ensure that the photographs and descriptions on his website are as accurate as possible.
All item(s) order(s) is/are subject to availability. In this sense, in the event of supply difficulties or if the products are no longer in stock, the Seller reserves himself the right to inform the Buyer about the possibility of ordering replacement products of the same item or higher quality or value items, or to wait for a new restocking in case there will be some.
If the Buyer does not wish to order such replacement products or does not wish to wait, the Seller will refund any amount paid.
c) Reimbursement (see also "RIGHT OF WAIVER" b))
Refunds will be made within 20 days of payment of the amount paid by the customer and will be made using the same method of payment that the Buyer used for the initial transaction, unless the Buyer expressly accepts another method of payment.
The products remain the property of the Seller until full payment of the order price, including delivery costs, or until the time of delivery if the delivery is made at a later date than the payment.
The price of the products is the one indicated at any time on the Seller's website, except in case of manifest error(s). If an error in the price of the product(s) that the Buyer has ordered is detected, the Seller will inform the Buyer as soon as possible and will offer to either confirm the order at the correct price or cancel the order. If the Seller is unable to contact the Buyer, the order will be considered cancelled and the Seller will proceed to the reimbursement of the full amount paid.
Seller is not obligated to sell a product at an incorrect lower price (even after sending Buyer a shipping confirmation), if the error is manifest and unambiguous and if the Buyer is reasonably able to identify it as such.
The prices displayed on the website include taxes but exclude custom duty and shipping costs. The latter are added to the total amount to be paid. Prices are subject to change at any time. However, no modification will have any effect on orders for which a confirmation has already been sent, except in the cases described above (manifest error).
The products that the Buyer wishes to purchase are added to his basket. At the end of the order processing, the Buyer will be invited to proceed to payment. To this end, the Buyer must follow the various steps of the order processing by indicating or verifying the required information.
During the order processing, the Purchaser retains the possibility of modifying the data related to his order before proceeding to the payment. The order processing is explained in detail in the following point of these General Conditions. In addition, if the Buyer is registered as a user in the Seller's system, the data relating to orders previously placed on the Seller's website are available in the "My Account" section.
Payment is made by the following means : Visa, Mastercard, Bancontact and PayPal. Once the order has been placed, a request for pre-authorization to debit the Buyer's credit card will be made to ensure that the Buyer has sufficient funds to complete the transaction. The corresponding amount will be debited from the Buyer's credit card at the time the products that are the subject of your order leave the Seller's warehouse.
In case of payment with Paypal, the withdrawal will be made at the time the order is confirmed by the Seller.
By clicking on "Authorize Payment", the Buyer confirms that the bank card belongs to him, or that he is the legitimate holder of the gift card or voucher. Credit cards are subject to validity checks and authorization by the card issuer. If Seller does not receive the required payment authorization, Seller shall not be liable for late or non-delivery of the products and will not be able to contract with the Buyer.
The Purchaser who wishes to place an order will follow the procedure explained below :
· The Buyer browses the website and chooses the item(s) he likes.
· He chooses the size and/or the colour and/or the quantity he wishes.
· He then adds them to his basket by clicking on the "Add to basket" button.
· At any time the Buyer has the possibility to :
· Click on the basket icon (at the top of the site), followed by the "View basket" button to get a summary of the items in his basket ;
· Continue shopping by clicking on the link "Continue shopping" ;
· Click on the shopping cart icon (at the top of the site), followed by the "Checkout" button once the selection of items is complete and once the Buyer has made his decision.
At the time of his first order, the Buyer will have to fill in his customer file and provide his personal information in order to allow the execution of the order. He will also have the choice to create a personal account on the site in order to facilitate his next purchase(s).
If the Buyer already has a personal account, he will then be able to connect to it using his e-mail address and password.
Once the Buyer has been identified and the selection of items made, he will have to validate the delivery and/or billing address.
The Buyer will then choose his delivery method and/or the pick-up point of his order among the choices offered to him, depending on the country of delivery. Namely : home delivery or delivery at a pick-up / BPost point.
The Buyer will select the payment method he prefers : Visa, Mastercard, Bancontact or Paypal. He will fill in the information required to proceed with the secure payment of his order.
The Seller will acknowledge receipt of the order by e-mail as soon as it is validated.
All the data provided and the recorded confirmation will be worth proof of the transaction and the confirmation will be worth signature and acceptance of the operations carried out.
VALUE ADDED TAX (VAT) - CUSTOMS DUTIES - ADDITIONAL TAXES
Any purchase made on the Seller's website is subject to the regulations in force relating to value added tax (VAT). As such, in accordance with Chapter I of Title V of Directive 2006/112/EC of November 28, 2006, on the common system of VAT, the place of delivery is considered to be in the Member State where the products are to be delivered and the applicable VAT is the one in force in each Member State where the products are to be delivered, in accordance with the purchase orders.
Any order placed on the site and delivered outside Belgium may be subject to additional taxes and customs duties that are due when the package reaches its destination.
The payment of any customs duties or/and taxes is the responsibility of the Buyer. The Seller is under no obligation to verify and/or inform the Buyer about the possible application of the above-mentioned taxes/duties.
REFUSAL TO PROCESS AN ORDER
The Seller reserves himself the right to refuse any order or delivery in the event of a dispute with a customer, total or partial non-payment of a previous order, refusal to authorize payment by credit card from banking institutions, non-payment or partial payment of the current order, use of a credit card or other means of payment not issued by a financial institution. The Seller shall not be held liable in this respect under any circumstances.
In rare cases, exceptional circumstances may arise which may oblige the Seller to refuse to process an order, even after having confirmed the order. The Seller shall not be liable to the Buyer or any third party for its decision to remove a product from his web-site or to replace or modify any content or information on his web-site or for its refusal to process an order after confirming the order.
Deliveries are made, subject to the aforementioned availability of the products (cfr. "PRODUCTS" above), to the address mentioned on the order form, located in a geographical area authorized by the Seller (cfr. Next "COUNTRY OF DELIVERY").
Delivery times vary according to the delivery method chosen. The Seller makes every effort to ensure delivery as soon as possible. However, the Seller shall not be liable for any delay in delivery.
Delivery times are indicated for information purposes on the Seller's site and on the web-sites of his delivery partners (Bpost, Mondial Relay, DPD) and are not guaranteed. In the event of exceeding the delivery time by thirty days (starting from the initially planned delivery date), the sales contract may be put to an end and the Buyer reimbursed.
The product is transported at the Seller's risk until delivery to the delivery address specified by the Buyer. From that moment on, the Buyer alone assumes the risk.
In the case of international delivery (outside Belgium), the Buyer may be subject to the payment of tax(s) and/or additional charge(s), not included in the price paid at the time of purchase of his order. The payment of these tax(s) and/or additional costs is the responsibility of the Buyer.
The Buyer will be subject to the applicable laws, taxes, customs in the State of delivery. The Seller shall not be liable in any way for any infringement committed by the Buyer.
COUNTRY OF DELIVERY
The online purchase of the products appearing on the Seller's website is reserved for buyers residing in Austria, Belgium, France, Germany, Luxembourg, Italy, the Netherlands, Portugal, Spain and the Grand Duchy of Luxembourg, and for deliveries required in these geographical areas.
If the Buyer wishes to be delivered to another geographical area, he must first contact the Seller directly at the following e-mail address .
RIGHTS OF RENUNCIATION
In accordance with the law, the Buyer has the right to notify the Seller that he renounces his purchase.
a) Time limits
The Buyer has the right to withdraw from the contract within 14 days without giving any reason. This withdrawal period shall expire after 14 days from the date on which the Buyer, or a third party, other than the carrier, designated by the Buyer, has physical possession of the products or, in the case of several products forming part of the same order but delivered separately, after 14 days from the date on which the Buyer or a third party, other than the carrier, designated by the Buyer, has physical possession of the last product.
Within this period, the consumer must notify his intention to cancel by e-mail at .
If the Buyer decides to withdraw from the contract, the Seller will refund the amount relating to the purchase (except for delivery costs), as soon as possible and in any event no later than 20 days from the time the Seller has received the item(s) that the Buyer has decided to renounce.
This refund will be made using the same method of payment that the Buyer used for the initial transaction, unless the Buyer expressly accepts another method of payment.
The amount of the shipping costs for the return will be automatically subtracted from the amount that the Seller owes the Buyer, after having received the returned package.
c) Return Conditions
Products must be returned in their original, undamaged shipping box with their original labels.
In the event that the packaging is too damaged, the Buyer may use its own packaging if it ensures that it is sufficiently strong and impermeable to preserve the original condition of the products.
The products returned must not have been used/worn, washed or deteriorated in any way. Products that have been worn/used/damaged or soiled by the customer will not be refunded.
Products benefiting from promotions will be refunded in the form of a voucher.
The products will be returned at the expense of the Buyer via a secure delivery method (DPD, Bpost or Mondial Relay), with the return label that the Seller will send to him.
The warranty covers only manufacturing defects existing at the time of delivery of the products. Defects or damage due to heavy use, normal wear and tear, and snagging are not covered by the warranty.
INTELLECTUAL PROPERTY, CONTENT AND SOFTWARE
All the elements of the Seller's website are and remain the intellectual and exclusive property of the Seller.
The rights on the website and the Content are protected by international copyright law and by any other national law relating to copyright and databases.
Cases of force majeure, i.e. unforeseeable events, independent of the will of the parties, irresistible and which make the execution of the contractual obligation impossible (strikes, fires, epidemics, pandemics, wars, lack of energy resources, act of the prince, bankruptcy of suppliers, etc.) may occur.
In such a case, the Seller shall not have to establish the unpredictability or irresistibility of such circumstances or the impossibility of performing the contract.
The Seller shall inform the Buyer as soon as possible, by e-mail, of the occurrence of such an event and reserves himself the right to extend the delivery period.
Furthermore, if these events compromise the performance of the contract concluded between the Seller and the Buyer, as originally agreed, the Seller also reserves himself the right to put this contract to an end.
USE OF THE WEBSITE
The Purchaser and, more generally, the user of the website may not use the website in such a way as to cause, or attempt to cause, the interruption of the website or attempt to force access, or cause damage to the website or to others. The User of the web-site is responsible for all communications and content he/she sends, and must use the website legally. Any infringement will be reported to the competent institutions.
Buyer/User may share publications and other links disclosed on the website, if applicable, legally and without causing damage to Seller's reputation. The Seller may proceed to the removal of the aforementioned sharing or require it, without delay, from the Buyer or, more generally, from the User of the website.
The Seller provides the website exclusively for private use, it will not be responsible for any possible commercial loss(es), business loss(es), business interruption(s) or loss(es) of business opportunity(ies).
SETTLEMENT OF DISPUTES
The present conditions of online sale are governed by Belgian law. In the event of litigation, only the courts of the judicial district of Liège are competent, regardless of the place of delivery and the method of payment.
VAT : BE0762885402