TERMS OF SALES
Article 1 - Definitions
Hereinafter we will designate:
' Site ': the site www.noirpangare.be and all of its pages.
' Products ': all the products (material) and services (immaterial) that it is possible to buy or to which it is possible to subscribe on the site.
' Editor ': The person, legal or physical, responsible for the edition and the content of the site, and presented in the legal notices of the site.
' User ': The Internet user visiting and using the site.
' Customer ': The Internet user making a purchase of a product or service on the site.
Article 2 - Mentions imposed by the law of confidence in the digital economy and purpose of the site
Article 3 - Characteristics of the products and services offered
The products and services offered are those listed in the catalog published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description established by the publisher based on the descriptions provided by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they cannot ensure perfect similarity with the physical products. The customer service of this site is accessible by e-mail at the following address: email@example.com or by post at the address indicated in the legal notices, in which case the publisher undertakes to provide an answer within 7 days.
Article 4 - Prices
Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros all taxes included (TTC), taking into account the VAT applicable on the day of the order.
Noir Pangaré reserves the right to pass any change in the VAT rate on the price of products or services. The publisher also reserves the right to modify its prices at any time. However, the price listed in the catalog on the day of the order will be the only price applicable to the buyer.
Article 5 - Member area
The user registered on the site (member) has the possibility of accessing it by logging in using his login details (e-mail address defined during registration and password) or possibly by using systems such as login buttons. third party social networks. The user is entirely responsible for protecting the password he has chosen. He is encouraged to use strong passwords. If the password is forgotten, the member can generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the user is therefore prohibited from transmitting or communicating it to a third party. Otherwise, the site editor cannot be held responsible for unauthorized access to a user's account. The creation of a personal space is a prerequisite for any order or contribution from the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information. The purpose of data collection is to create a "member account". This account allows the client member to view all his orders made on the site. If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the site and its editor could not be held liable, this information having no probative value. but only an informative character. The pages relating to member accounts are freely printable by the account holder in question but do not constitute proof, they are only informative in nature intended to ensure efficient management of his orders or contributions by the member. The publisher reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular, but without this example being of any nature whatsoever, when the member has knowingly provided incorrect information, during his registration and creation of their personal space) or any account inactive for at least one year. Said deletion will not be liable to constitute damage for the excluded member who will not be able to claim any compensation for this fact. This exclusion does not exclude the possibility for the publisher to take legal action against the member, when the facts have justified it.
Article 6 - Exemption from the publisher's liability in connection with the execution of this contract
In the event of impossibility of access to the site, due to technical problems or of all kinds, the user can not claim any damage and can not claim any compensation. The unavailability, even prolonged and without any limitative period, of one or more products, cannot constitute a prejudice for Internet users and cannot give rise in any way to the award of damages from the site or from its publisher. The photographs and visuals of the products presented on the site are not contractual, the publisher of this site cannot be held liable if the characteristics of the objects differ from the visuals on the site or if the latter are incorrect or incomplete.
The hypertext links on this site may refer to other websites and the publisher of this site cannot be held liable if the content of these sites contravenes the laws in force. Likewise, the publisher of this site cannot be held liable if the visit by the Internet user to one of these sites causes him damage.
Article 7 - Geographical limitation of use
Use of the site's services is limited to Belgium and mainland France.
Article 8 - Intellectual property rights relating to the elements published on this site
All the elements of this site belong to the publisher or a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and amounts to counterfeiting. Any member who would be guilty of infringement would be likely to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, at the initiative the publisher of this site or its agent.
Article 9 - Trademarks
The brands and logos contained in the site are registered by Noir Pangaré, or possibly by one of its partners. Anyone carrying out their representations, reproductions, interlocking, diffusions and reruns incurs the penalties provided for by law.
Article 10 - Limitation of liability
The publisher of the site cannot be held liable for damage resulting from the use of the Internet network such as loss of data, intrusion, virus, interruption of service on the site, or others. The site editor, especially in the online sales process, is only bound by an obligation of means. The publisher of the Noir Pangaré site cannot be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure. Regarding the products purchased, the publisher will not incur any liability for any indirect damage as a result of these, operating loss, loss of profit, damage or costs, which may occur. The choice and the purchase of a product or a service are placed under the sole responsibility of the customer. The total or partial inability to use the products in particular due to incompatibility of the material cannot give rise to any compensation, reimbursement or questioning of the publisher's liability, except in the case of a proven hidden defect. , non-conformity, defect or exercise of the right of withdrawal if applicable, i.e. if the customer is not a professional and the contract entered into to acquire the good or service allows the withdrawal, depending on the articles of book VI of the Code of Economic Law. In the event of non-delivery of an order or part of an order, the customer has 60 days from the expected delivery date to manifest himself in order to automatically cancel the order by sending a registered letter with acknowledgment of receipt. . Beyond this period, no complaint will be accepted. The user expressly admits to using the site at his own risk and under his exclusive responsibility. The site provides the user with information for information only, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Noir Pangaré can in no way be held responsible: - for any direct or indirect damage, in particular with regard to loss of profits, loss of profit, loss of customers, data that may, among other things, result from the use of the site, or on the contrary from the impossibility of its use; - from a malfunction, unavailability of access, improper use, improper configuration of the computer of the the user, or the use of a browser that is little used by the user; - the content of advertisements and other links or external sources accessible by the user from the site.
Article 11 - Access to the site
The site editor cannot be held liable for technical unavailability of the connection, whether due in particular to a case of force majeure, to maintenance, to an update, to a modification of the site, an intervention by the host, an internal or external strike, a network failure, a power cut, or even a bad configuration or use of the user's computer.
Article 12 - Account closure
Each user is free to close his account on the site. For this, the member must send an e-mail to the site indicating that he wishes to delete his account. No recovery of its data will then be possible.
Article 13 - Applicable law and mediation
These general conditions are subject to the application of Belgian law. They can be modified at any time by the site editor or his agent. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously undertakes to keep all of its old general conditions and to send them to any user who requests them. Except for provisions of public order, any disputes which may arise in the context of the execution of these general conditions may, before any legal action, be submitted to the assessment of the site editor with a view to an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for instituting legal proceedings. Unless otherwise provided for in public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts within the jurisdiction of the Court of Appeal referred to. Consumer mediation In accordance with Book XVI of the Code of Economic Law, Noir Pangaré Individual Enterprise offers its private clients, in the context of disputes that have not been resolved amicably, the Consumer Mediation Service, whose contact details are as follows: Consumer Mediation Service - Boulevard du Roi Albert II 8, 1000 Brussels - Tel. : 02 702 52 20 - Fax: 02 808 71 29 - E-mail: firstname.lastname@example.org- Site: http: //mediationconsommateur.be It is reminded that mediation is not compulsory but only offered in order to resolve disputes by avoiding recourse to justice.
A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site by saving a data file on his computer. The site is likely to use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User experience, and 2) allow access to a member account and to content that does not exist. is not accessible without connection. The User acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the event of legal requisition. The User can refuse the registration of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the User will configure his browser: - For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies- For Safari: https: //support.apple.com/fr-fr/ht1677- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on- For Firefox: https: // support .mozilla.org / en / kb / activate-deactivate-cookies- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 15 - Terms of order subscription and description of the purchase process
The intangible object grouping together all the goods or services selected by the user of the site with a view to a purchase by clicking on these objects will be defined below as “Basket”. As soon as the Internet user considers that he has selected and added to his basket all the items he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will read or where he will be informed of the number and characteristics of the products ordered, as well as their unit price. If he wishes to validate his order, the Internet user must check the box relating to the ratification of these general conditions of sale and click on the validation button. The Internet user will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he must provide a certain number of personal data concerning him, necessary for the smooth running of the order. Once the Internet user has completed the form, he will then be invited to make his payment using the means of payment listed in the section of these general conditions relating to payments. After a few moments, the Internet user will be sent an order confirmation email, reminding him of the content of the order and the price thereof. The products and articles sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
Article 16 - Payment information
The Internet user can place an order on this site and can pay by credit card, transfer. Payments by credit card are made through secure transactions provided by an online payment platform provider. This site has no access to any data relating to the user's means of payment. Payment is made directly to the bank or the payment provider receiving payment from the Client. In the event of payment by check or bank transfer, the delivery times defined in the article below do not begin to run until the date of effective receipt of payment by the seller, the latter being able to provide proof thereof by all means. The availability of products is indicated on the site, in the description of each item.
Article 17 - Delivery or provision
The delivery costs will be indicated to the customer before any payment and only concern deliveries made in Belgium and mainland France. For any other place of delivery, it will be up to the customer to contact customer service. Unless otherwise stated on the site during the ordering process or in the description of the products ordered, the publisher undertakes to deliver the products within a maximum period of 3 to 4 days after receipt of the order. The buyer can refuse a package at the time of delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products, etc.); any anomaly must then be indicated by the buyer on the delivery slip, in the form of handwritten reservations, accompanied by the buyer's signature. To exercise his right of refusal, the buyer must open the damaged or defective package (s) in the presence of the carrier and have him take back the damaged merchandise. Failing to comply with these requirements, the buyer will not be able to exercise his right of refusal, and Noir Pangaré will not be required to accede to the buyer's request to exercise the right of refusal. If the buyer's package is returned to the publisher by post, the publisher will contact the buyer upon receipt of the return package to ask him what to do with his order. If the buyer has mistakenly refused the package, he may request it to be returned by first paying the postal charges for the new shipment. Postal charges must be paid even for orders for which the postage costs were offered at the time of the order. In the event of a delivery or exchange error (if the right of withdrawal is applicable according to Article 53 of Book VI of the Code of Economic Law), any product to be exchanged or reimbursed must be returned to Noir Pangaré within its entirety and in perfect condition. Any defect resulting from a clumsiness or false maneuver on the part of the buyer cannot be attributed to the company Noir Pangaré. In accordance with article 53 of book VI of the Code of Economic Law, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item not not suitable and request the exchange or refund without penalty, with the exception of return costs, within fourteen days of receipt by Noir Pangaré of the refund request. The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. If the above obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned to him at his expense. It is recommended that the buyer make the return using a solution that allows the package to be tracked. Otherwise, if the returned package does not reach Noir Pangaré, it will not be possible to launch an investigation with the postal services in order to ask them to locate the latter. Return costs in the event of withdrawal remain the responsibility of the buyer. After receipt and acceptance of the complaint, the company Noir Pangaré will communicate by email, fax or telephone to the buyer the terms of exchange or refund of the products. In order to properly process the request, the customer is requested to attach a copy of the invoice to any complaint. Reimbursement will be made by check or bank transfer. Any delay in delivery exceeding seven working days may result in the resolution of the sale at the initiative of the consumer, upon written request from him by registered letter with acknowledgment of receipt. The consumer will then be reimbursed, within a maximum period of fourteen days, of the sums he committed when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the customer undertakes not to take legal action against the site and its publisher and waives the right to invoke the termination of the sale provided for in this article.
Article 18 - Guarantee of products purchased on this site
All items acquired on this site benefit from the following legal guarantees, provided for by articles 1641 and following of the Civil Code;
Guarantee for all customers:
The seller is required to deliver goods in conformity with the contract and to respond to any lack of conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product, and the seller is liable for any defect of conformity which becomes visible within two years from this. When the defect has appeared within 6 months of this date, it is presumed to have been present upon delivery of the goods. On the other hand, after this 6-month period, it will be up to the customer to prove that the defect did indeed exist at the time of taking possession of the property.
Guarantee of hidden defects:
The customer may request the exercise of the warranty against hidden defects if the defects presented did not appear during the purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the product, for example), and be sufficiently serious (the defect must either render the product unfit for the use for which it is intended, or reduce this use to an extent such that the purchaser would not have bought the product or would not have bought it from a third party. such price if he had known the defect).
Complaints, requests for exchange or refund for a non-conforming product must be made by post or by email to the addresses indicated in the legal notices of the site. The shipping costs of returning the goods are the responsibility of the buyer.
In the event of non-conformity of a delivered product, it may be returned to the seller who will exchange it. If the product cannot be exchanged (obsolete product, out of stock, etc.) the buyer will be reimbursed by check or transfer for the amount of his order.
Article 19 - Archiving
Noir Pangaré will archive purchase orders and invoices on a reliable and durable medium constituting a faithful copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 20 - Framework of conditions
If any provision of the General Conditions is found to be illegal, void or for any other unenforceable reason, then that provision will be deemed severable from the Conditions and will not affect the validity and enforceability of the remaining provisions. These present conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The general conditions are not assignable, transferable or sublicensable by the user himself. A printed version of the Conditions and any notices given in electronic form may be requested in legal or administrative proceedings relating to the general conditions. The parties agree that all correspondence relating to these general conditions must be written in the French language.
Article 21 - Notifications
Any notification or notice concerning these general conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, or by post from a nationally recognized courier service. which allows you to regularly follow your plans, or by email to the addresses indicated in the legal notices of the site, specifying your names, first names, contact details and subject of the notice.
Article 22 - Complaints
Any complaint related to the use of the website, the service offered on this site, or any other linked service, the pages of the site on any social networks or the general conditions, legal notices or personal data charter must be filed in 365 days following the day of origin of the problem causing the complaint, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the following 365 days, such claim will be forever unenforceable in court.
Article 23 - Inaccuracies
It may be possible that throughout the website and the services offered, and to a limited extent, there are inaccuracies or errors, or information that does not agree with the general conditions, legal notices or the charter. of personal data. In addition, it is possible that unauthorized modifications are made by third parties on the site or on ancillary services (social networks, etc.).
In such a situation, the user has the possibility of contacting the editor of the site by post or by e-mail at the addresses indicated in the legal notices of the site, with if possible a description of the error and the location (URL) , as well as sufficient information to contact him.