General terms of sale
General terms of online sale. Applicable for any order made after 10/04/2012
Purchasing goods through www.sativall.be, www.sativall.fr and www.sativall.com entails that the buyer fully accepts these terms of sale. These terms of sale shall prevail over any other general or special terms that are not expressly approved by SATIVALL. SATIVALL has the full right to modify these terms at any time. In this case, the applicable terms are those in vigour on the order date of the buyer.
2. Company’s identification and head office
Avenue Bel Horizon 20
TVA-BE : 0422.946.328
The items offered are the ones listed in the catalogue that is published on www.sativall.be ou www.sativall.com. The photos of the catalogue are as accurate as possible but cannot ensure a perfect similarity with the item offered. The items shown on the site are suggested while supplies last. SATIVALL is making sure that the site is up to date.
The prices listed on the www.sativall.be or www.sativall.com sites include all taxes in Euros considering the VAT that is applicable on the day of the order. Any change in the rate may be reflected on the price of the products or services. SATIVALL holds the full right to modify its prices at any time, but of course the price listed in the catalogue the day of the order shall be the only one applicable to the buyer, without the transportation costs. The price quoted to the client before the confirmation of the order includes the price of the products, the handling, packaging and storage fees of the products, as well as transportation costs and commissioning.
The buyer who would like to purchase a product or a service must imperatively :
– fill in the identification sheet on which he/she shall fill in all the phone numbers and addresses required or state his/her client number if he/she has one;
– fill in the order form online by giving all the references of the selected products;
– validate the order after checking it twice
– pay under the terms provided for;
– confirm the order and the payment.
The order means that these terms of sale have been accepted and that the buyer has read and understood them and that he/she gives up the right to apply his/her own purchase terms or any other terms. All the provided data and the confirmation registered are proof of transaction. The confirmation is valid as a signature and approval of the operations carried out. The seller shall send the confirmation number of the registered order by email.
6. Consumers’ right to cancel
The consumer (any individual who acquires or uses products on the market for purposes other than professional) has the right to notify the company that he/she is cancelling the purchase, without penalties and without giving a reason, within 14 business days starting the following day after delivery of the goods.
The reimbursement of the returned product shall be done within 30 days maximum from the date that the seller receives the product. The reimbursement shall be done to the invoice address provided by the client at the time of ordering.
The client must send, at his responsibility, the new products in their original package, intact, along with all the eventual accessories, manuals and documents to the address that is specified in article 2 of these general terms.
After confirmation of the order and provided that the payment for the ordered products has been received, SATIVALL ships the ordered products to the delivery address within 1 to 10 business days depending on the destination. The delivery dates are thus only given as information. If those dates exceed thirty days after the order is made, the sale agreement may be terminated and the buyer shall be reimbursed.
All the products stipulated in the orders made to SATIVALL are intended for the personal use of the clients or recipients whose name figures in the delivery address.
In that event, the client commits to pay upon receiving, all taxes, rights and other present and future costs due for the delivery of the said products; SATIVALL should not be held responsible for this whatsoever.
The clients or recipients of the products are prohibited from partially or totally re-selling the products. The delivery shall be made by a carrier.
Upon receiving the ordered items, the client or the recipient must verify that the delivered goods are in good conditions and shall get familiarised with the use conditions listed in the manual provided.
If one or several ordered items are missing or damaged, the client or recipient must set up possible arrangements with the carrier at time of delivery.
The following are considered as force majeure cases and discharge SATIVALL from its obligation to deliver: war, riot, fire, strike, accidents and inventory shortage.
In the event that all the ordered items are not available, partial delivery is possible for one order.
If a package is not received in spite of the various passages of the carrier, it shall be returned to SATIVALL and the recipient shall be notified by email. A subsequent delivery may be requested by the buyer, however the costs fall to the latter.
If a package is not picked up from the post office or from the parcel pick-up point by the client within 15 consecutive days from the notification letter that was dropped in the mailbox of the recipient, it shall be returned to SATIVALL. The buyer shall be informed by email. A subsequent delivery may be requested by the buyer, however the costs fall on the latter.
In case of non-conformity of a sold item, it can be returned to the seller who will either take it back or exchange it or reimburse it. All claims, exchange or reimbursement requests must be mailed to the address mentioned in article 2 of these terms.
8. Mode of payment
For online purchases, any payment through PayPal, credit card, debit card or bank transfer. For France, payment by cheque is authorised.
The order is on stand-by until payment is received and merchandise will be shipped only when SATIVALL bank account is validly credited. If the payment is not received within 14 days, the order is considered null.
9. Respecting privacy
All the information sent via www.sativall.be or www.sativall.com is entirely confidential. SATIVALL commits not to transfer them to third parties.
10. Intellectual property
All items on www.sativall.be or www.sativall.com as well as the underlying technology remain the intellectual and exclusive property of the seller. Any person who wishes to use these items must request prior authorisation from SATIVALL.
Likewise, any hyperlink re-directing to www.sativall.be or www.sativall.com is forbidden without the written authorisation of SATIVALL.
The seller, in the process of online sale, is only bound by best endeavours obligation. They cannot be held liable for any damage resulting from the web network use such as data loss, intrusion, virus, service interruption, or any other unintentional issues.
For any order shipped outside of Belgium, the buyer is considered as the importer of the ordered items and shall pay all the legal obligations thereto. It is up to the client to check the possibility to import the ordered items with the local authorities.
The remarks indicated by the client at the time of filling in the information pertaining to his/her order, are binding for him/her. SATIVALL shall not be held liable for errors made by the client when filling out addresses and phones numbers of the order’s recipient (mainly delivery address and invoice address) and the delays in delivery or the inability to deliver the ordered items due to these errors.
12. Disputes and applicable law
Unless expressly approved otherwise and in writing between the parties, the disputes relevant to the validity, interpretation or execution of these terms, involving a sum greater than €5,000.00 and which cannot be resolved amicably, shall be settled in the following manner: the parties shall attempt to resolve the dispute through mediation in conformity with the mediation regulation of the Brussels Business Mediation Centre, abbreviated as BBMC, avenue Louise 500 in 1050 Bruxelles (Tel: +32 (0)2 3730876 Fax: +32 (0)2 3755969 Email:firstname.lastname@example.org http://www.bmediation.be. The mediation shall start, at the latest, 5 days after the mediation request is notified by one party to the other and the mediation period shall not exceed 30 business days, unless expressly approved by the parties.
In the event the mediation fails or the dispute’s stake is greater than €5,000.00, the parties shall submit the dispute to the jurisdiction of the judicial district of Namur (Belgium).
The disagreements resulting from the agreement or relevant to it shall be submitted to Belgian law.