GENERAL TERMS AND CONDITIONS OF S ALE
SAPINS.BE
Preamble
The General Terms and Conditions of Sale detailed below apply to all orders placed with SAPINS.BE for all products and services offered, except where there is prior written agreement to the contrary.
The General Terms and Conditions of Sale are systematically provided for any purchaser to examine for the purpose of enabling that purchaser to place an order. As a result, the act of placing an order implies total and unconditional agreement with these General Terms and Conditions of Sale on the behalf of the purchaser.
Consequently, any contrary term or condition put forward by the purchaser, except where there is specific acceptance thereof, will be unenforceable on the vendor, regardless of the time at which such contrary term or condition was brought to the vendor’s notice.
The fact that the vendor fails, at any time, to apply any of these General Terms and Conditions of Sale may not be interpreted as waiving its right to apply any said General Terms and Conditions of Sale at a later stage.
The information contained in the advertising, brochures or any other written documents supplied directly by the Company’s agents or employees and/or distributed or disseminated by any medium and in particular via the Internet, constitutes an invitation to enter into negotiations and has no contractual value.
1. Identification of the author of the offer / legal information
SAPINS.BE is a private limited liability company (SPRL), with capital set at € 18,600.00.
SAPINS.BE SPRL
Chaussée de Tubize 383 A
1420 Braine-l’Alleud
Intracommunity VAT n°: 0893.134.428
2. Information
By ticking the acknowledgment box in these General Terms and Conditions of Sale, the Customer acknowledges:
- being the full decision-maker or having authorisation from the person with authority before committing himself/herself by way of an Order placed with SAPINS.BE;
- having examined, in addition to the information contained in these General Terms and Conditions of Sale, the information regarding the essential characteristics of the products he/she is ordering;
The information provided by the purchaser at the time of placing the order commits that person. In the event of an error or incomplete statement in the listing of the addressee’s details, SAPINS.BE may not be held liable if delivery is not possible.
3. Offers
3.1 Offers of Products are valid while stocks last.
3.2 The Christmas trees offered for sale are natural products. They are sold by size and by size bracket of 25cm for the trees that measures less then 2 metres and 50cm for trees measuring more than 2 metres.
3.3 The lifespan of a Nordmann Christmas tree is three weeks, while a spruce will last for two weeks. This is on condition that they are not placed close to a source of heat, as this will significantly shorten their lifespan.
3.4 If the tree is ordered in a pot, on a timber cross base or in a base that contains water, the size of the tree will include the base.
3.5 Customers state that they understand a tree may be damp and that SAPINS.BE cannot be held liable for any stains and/or scratches left on the ground/floor.
3.6 Flocked Christmas trees are manufactured on demand and for this reason a minimum lead time of 48 hours is required for their preparation.
3.7 Christmas decorations and lights sold are quality products (CEE norms) and have been specially selected.
If decorations are ordered, this does not include their installation.
3.8 The location indicated by the customer for the tree to be located must be reasonably accessible.
If the tree ordered is taller than 2.20m, the customer specifically undertakes to check that access to the location of installation is suitable. Access may not, under any circumstances, be narrower than 1 meter.
3.9 The photos of the products presented on the www.Sapins.be website are the closest reproductions possible. SAPINS.BE cannot be held responsible for any minor differences (in size, colour differences, balance, any holes, etc.).
3.10 In the event of stocks running out, SAPINS.BE will send the customer a refund of the price of the item ordered, plus carriage costs.
4. Reservation
In the event of a dispute pending and not involving payment – such as late delivery, quality of the product supplied, etc. - SAPINS.BE may be required to review the terms of processing a new order with the customer.
All orders for trees, home deliveries or requests for trees to be collected must be made using the online form (http.//www.sapins.be or by email: [email protected]).
The Parties will not be bound if the order or requests are made using any other means.
5. Orders
Orders may be placed via the Internet only, at the www.sapins.be website
5.1 Taking Orders
Customers may only place orders via the Internet website or by e-mail.
To be able to purchase a product when placing an order for the first time on the SAPINS.BE website, customers are required to open a customer account and complete an order form stating details in a number of mandatory fields. These details are considered as information required in order to process the said order and for managing commercial relations so that the order can be taken into account.
Underage minors are not able to enter into a contract. Gathering data from minors is subject to the minor notifying their parental authority.
SAPINS.BE wishes to draw the Customer’s attention to the fact that online Orders placed on the Internet Website are secure.
Customers are required to make a careful check of the products ordered and the quantities ordered, as well as the address stated for shipment of the Order.
5.2. Confirmation of the Order
If SAPINS.BE accepts the order, it will give notice of its acceptance by issuing an Order Confirmation sent to the Customer at the Customer’s electronic mail address.
The sale will only be considered as final after the customer has been sent the order confirmation by SAPINS.BE, giving details of the shipment of products.
SAPINS.BE reserves the right to refuse any order from a customer subject to having a legitimate reason, in accordance with the legislation in effect.
This gives SAPINS.BE the right to refuse any order that is abnormal or that is placed in bad faith. In addition, the Company will also be entitled to refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order placed with SAPINS.BE or with any other retailer.
5.3. Annulation of the Order
5.3.1. Cancellation of the Order by the Company
An Order may be cancelled at any time by SAPINS.BE in the event of:
- the unavailability of the Product(s) ordered;
- the Customer failing to pay the price of the Order within the period stated;
- force majeure (in particular: unforeseen delay in deliveries or defective deliveries from suppliers);
- In the event of the Product(s) ordered not being available
On account of the specific nature of the Internet, the company is unable to guarantee the availability of all products on its website in real-time. In the event of the temporary or permanent unavailability of one of the products, the company will notify Internet users through its website or by sending an e-mail to a valid e-mail address provided by the customer. The company will then propose to replace the product ordered with an equivalent product (quality and price), or it will issue a credit, or the customer may exercise his/her right of cancellation (i.e. cancellation of the order).
5.3.2. Cancellation of the Order by the Customer
To be taken into consideration, any request to cancel an order must be made prior to the product(s) being shipped and at the latest 1 hour after the order has been recorded. Once this period has passed, cancellation will no longer be possible.
5.4. Withdrawing orders
5.4.1. Under the terms of article VI.53, 4º of the Business Law Code, consumers may only invoke their right to withdraw an order provided for in article VI.47 of the same Code for products likely to deteriorate rapidly, which is the case for natural and flocked Christmas trees.
As a result, any order for perishable products will have the effect of triggering the delivery of the product(s) ordered. As a consequence and unless the order is cancelled within an hour of being placed, no withdrawal of the order will be materially possible.
You will therefore be deemed to have waived your right to withdraw your order within the statutory period.
The perishable nature of Christmas trees is, indeed, an exception to the right to withdraw an order.
5.4.2 For items that are not likely to deteriorate rapidly, please contact our Customer Service department beforehand at [email protected], sending supporting photographs. Return your items in their original packaging, within 14 days of receipt, to the address indicated by the Customer Service department.
The right of return guarantee applies to all Products that are not susceptible to deteriorating rapidly.
We would ask you to contact Customer Service to confirm the [email protected] address and then to return your item(s) in its/their original packaging within 14 days of being received to the address indicated by Customer Service.
No right of return will be granted for items that are opened, unsealed, soiled, incomplete, damaged or non-conforming. When this is the case, you will remain the owner of the product. If you wish, the product will be sent back to you and you will be charged for the carriage costs.
Within a period equal to or less than 15 days, you will receive a refund by bank transfer or refund to your credit card (depending on your initial method of payment) equivalent to the price of the products returned, minus carriage costs. Any return carriage costs will be paid for by the customer. Goods returned without the correct postage will be refused and sent back to the sender. There is no right of return on perishable products.
Carriage costs for delivering and returning goods are always borne by the customer.
Your request for a refund will only be taken into consideration once the items being returned have arrived at SAPINS.BE.
There are a number of exceptions to the stipulations stated above:
- Flocked Christmas trees: these are short-term, perishable products that are manufactured on demand: you may not exercise the right of return of 14 calendar days;
- Natural Christmas trees: these are short-term, perishable products: you may not exercise the right of return of 14 calendar days;
- Any order for perishable goods will trigger the delivery of the product(s) ordered. As a result and unless the order has been cancelled within one hour of the order being placed, any return will no longer be materially possible. You will then be deemed to have waived the right of return within the statutory period. This is because the perishable nature of Christmas trees constitutes an exception to the right of return.
Goods must be returned to the following address:
SAPINS.BE SPRL
Chaussée de Tubize 483 A
1420 Braine-l’Alleud
Belgium
5.4.2 Consequences of an order being withdrawn
In the event of an Order being withdrawn, the payment already made by the Customer and collected by the Company will be refunded to the Customers by the same method of payment selected by the Customer, minus the deduction of carriage costs and excluding any other compensation or damages, in accordance with the statutory provisions in effect in the countries of the Benelux, i.e. within a maximum period of thirty (30) days from the day following the date on which the Customer submitted the request;
6. Request for product collection
6.1 At the request of the customer, the Christmas tree(s) will be collected from the same address as the one given for the delivery.
The product collection service option must be specified at the time of placing the order for the Christmas tree(s). A request can also be made in writing to: [email protected].
The effective pick-up date of the tree will be arranged by mutual consent, by the parties, either in the morning, between 8.00am and 12.00 noon, or in the afternoon, between 12.00 noon and 6.00pm.
Once the date has been agreed, the customer undertakes to be present at the address and time indicated.
6.2 If the customer is not there at the time of collection and if this results in SAPINS.BE not being able to pick up the tree, SAPINS.BE’s obligation to take the tree back will be deemed fulfilled.
Without prejudice to the paragraph above, the Parties may agree on a new collection date, the cost of which will be invoiced at €25, including tax.
6.3 The collection service is limited to picking up the Christmas tree.
When the tree is collected, it must be free of all decoration.
The collection service does not include picking up any pine needles off the ground.
6.4 If during the collection the tree is not free of all decorations, it will be charged:
€160,00 VAT not included for trees of 1 to 2 meters;
€250,00 VAT not included for trees of 2 to 3 meters;
This in both cases: collection service to pick up the tree or ecological destruction.
- Prices
7.1 Prices are established based on:
- the size of the Christmas trees selected – in size brackets of 50cm.
7.2 Also, based on individual cases:
- the type and number of decorations ordered;
- the cost of delivery;
- as well as the information provided by the customer at the time of placing the order.
The price may be reviewed in the event of modifications to these elements or the extent of the services provided.
Our prices are stated in euros and include all taxes. They exclude any carriage or shipping charges.
A handling charge of €3.50 is added to every order.
SAPINS.BE may modify its prices at any time, but undertakes that all products will be invoiced based on the prices in effect at the time of the ordered being recorded, subject to the product(s) being available at that date and payment being made in full.
Pursuant to articles 1226 and following of the Civil Code, any customer cancelling the contract stated above unilaterally and prematurely will pay SAPINS.BE an amount of €62.00 by way of a fixed and irreducible penalty.
SAPINS.BE will also be able to claim a higher amount of damages should it be able to prove the extent of its loss.
8. Payment
8.1 SAPINS.BE accepts the following methods of payment:
Maestro/Carte Bleue bankcard
American Express, Visa, Mastercard
Endered - Pluxee - Monizze
Ingenico
8.2 Non-payment will automatically and without notice of default result in late-payment interest being charged at the rate of 12% per annum.
In addition, by way of penalty, non-payment will also given entitlement equivalent to 15% of the total amounts due, with a minimum of 62.00 €.
In the event of a dispute or late payment, all invoices, even if not due, become enforceable immediately and payable without delay.
8.3 Any invoice raised by SAPINS.BE is deemed to be permanently accepted by the customer if an objection, stating reasons, has not been lodged by a registered letter within eight days of the invoice being received.
9. Reservation of title clause
Products and goods sold remain the property of SAPINS.BE until the time the price has been paid in full.
10. Security of payments and data
10.1. Bank transactions
Online: transactions secured by the Ingenico payment system.
10.2. Protection of consumers paying by bankcard
To guarantee the total security of your purchases, SAPINS.BE implements all of the procedures required to protect you against the fraudulent use of your bankcard.
- Secure payment site;
- Checking and blocking of orders identified as fraudulent;
- Checking and blocking of IP addresses identified as fraudulent;
In the event of a fraudulent debit recorded on your bank account, we recommend that you contact your banking organisation immediately.
11. Delivery
11.1 All of our Products are prepared when requested and shipped directly from the various production locations. In your interest, shipments may differ from the date indicated on the order, depending on weather conditions or information about disruptions on the road network.
Orders are shipped by Bpost (for France/Belgium), SKR Group (for Belgium) or by any other private carrier, in the order in which they are received and while stocks last.
SAPINS.BE may change the carrier stated at the time of the order should an unforeseen occurrence be likely to impede the proper delivery of the order (strike, disruptions on the road, etc.) or if the carrier is better suited to the order (volume, size and quantity).
Deliveries are made to the entrance of the building (ground floor) and by time bracket (8.00 am – 12.00 noon and 12.00 noon – 8.00 pm).
11.2 Signing the delivery slip by the customer or the Customer’s representative is tantamount to accepting the Christmas tree.
If the Customer is a legal entity, it undertakes to have a person with valid authority to commit the company present at the time of delivery.
Three methods of delivery are possible, depending on the items ordered:
1) For natural Christmas trees [for Belgium only] deliveries are handled by SKR Group and are made to the customer;
2) For Christmas decoration items:
- Delivery to home: The home delivery of products ordered by the customer is handled through Mondial Relay. [If absent: application of article 10.1]
- Delivery by Relay Point: Delivery is made to the selected Relay Point.
- Ordering and delivery process
12.1 Delivery is made within the period indicated at the time the order is placed by the direct delivery of the product to the addressee stated.
The identified addressee is required to sign an acknowledgment of safe delivery.
For orders that are marked as “gift” or “delivery address different to invoicing address”, we recommend that you check the details of the person to contact, as given in the “delivery” section so that the delivery can be made in good order.
In the event of an incomplete address, incorrect address, refusal of the package by the addressee or lack of information making it impossible to deliver the product to the addressee at the agreed time, SAPINS.BE is unable to accept any liability.
In the event of the addressee not being home at the time of delivery, or if a lack of information requires the package to be presented to the addressee for a second time, SAPINS.BE will make a fixed charge of €25, including tax, to cover the costs relating to this second delivery. This second delivery will be made according to the schedule predefined for each region.
12.2 Delivery in France:
Price:
Delivery handled by MONDIAL RELAY:
The Relay Points are local businesses (dry cleaning shops, small stores, artisans, etc.) that undertake the delivery of your order and hold it for you to collect, with no obligation for you to purchase it from them. There are nearly 3500 Relay Points in Metropolitan France, some of which are open until 8.00 pm, as well as the weekend.
You will be notified by e-mail if your order is being shipped and received. You then have 10 days to collect your package during the opening hours of the local business in question. You must present some form of identity when collecting the package.
If you are not at home, the deliverer will leave a delivery failure notice in the addressee’s letterbox.
The addressee will then be required to collect the package from the address shown in the delivery failure notice.
If the addressee is not at home at the time of delivery, SAPINS.BE is unable to accept any liability regarding the freshness of any perishable products delivered.
11.2. Delivery in Belgium:
Delivery handled by SKR Group: the delivery date and time bracket will be notified in the e-mail confirming shipment.
If the addressee is not at home at the time of delivery, SAPINS.BE is unable to accept any liability regarding the freshness of any perishable products delivered.
12.3. Incidents with delivery
12.3.1 Late delivery:
In a situation where the actual delivery is late in relation to the date indicated at the time of the order, please contact Customer Services in order to open a delivery enquiry with the carrier in question. More particularly for Christmas trees, the delivery date indicated on the purchase order is subject to change if weather conditions do not allow for the order to be shipped in appropriate conditions.
To have a complaint registered with Customer Services, please give us your details, your invoice number and the product references stated on the invoice. Please also give us details of the reasons for your complaint.
12.3.2 Incomplete or non-compliant delivery (due to the carrier):
It may happen that the package is damaged or that the contents of the package have become totally or partly unwrapped.
If you become aware of an error of this kind, please mention it on the carrier’s delivery docket and refuse the product by sending it back to us. If you become aware of this error after the carrier has left, again, please report the anomaly by sending an e-mail to [email protected], attaching a supporting photograph, within 24 working hours following the receipt of the order.
12.3.3 Incomplete or non-compliant delivery (due to the company):
Despite all the care given to preparing orders, it may happen that a product is missing in your shipment or that an error has occurred while preparing your order.
If you become aware of an error of this kind, please report it to us as soon as possible within the working hours and following receipt of the order. You can make your report by sending an e-mail to info@sapins.be.
12.3.4 Lost package:
In the event of a package being lost by one of our carriers, please notify us as soon as possible.
The company will then conduct an investigation with the carrier services in question.
13. Vandalism / Sabotage
SAPINS.BE guarantees the installation of the Christmas trees or decorations at the time they are delivered and approved by the Customer.
If subsequent to the delivery, the trees and/or decorations are damaged by deliberate act, sabotage or vandalism, any reinstatement costs will be borne by the Customer.
In the same way, in the event of violent gusts of wind/ earthquake/ war/ lockout/ terrorist attacks/ etc. SAPINS.BE is unable to guarantee that the Christmas trees and/or decorations will not suffer any damage. In any event, any reinstatement costs will be borne by the Customer.
14. Customer Service
For any information or query, our Customer Service is there to help you: info@sapins.be
Contact them by e-mail using the site contact form.
- Intellectual Property
All texts, illustrations and photographs displayed at the SAPINS.BE website are protected by intellectual property rights.
Any reproduction is strictly forbidden.
- Liability
16.1 The products offered comply with the Belgian legislation in effect.
16.2 The installation and collection of the Christmas tree will take place under the direction and responsibility of the Customer or the Customer’s representative at the time of the arrival of the SPAINS.BE staff at the address given.
Sapin.be cannot be held responsible for any damage caused at the time of the Christmas tree being installed or collected.
16.3 The photographs and texts produced to illustrate the products displayed are as close as possible to the actual items that will be sent out to you. However, SAPINS.BE cannot be held liable for any minor differences (differences in height – size brackets of 25cm – colour, balance, holes, etc.).
16.4 Nor can SAPINS.BE be held liable for non-fulfilment of the contract entered into with the customer in the event of an unforeseen and insurmountable occurrence with a third party to the contract (disruption of supply, total or partial strike, in particular of the postal services and methods of transport and/or communication, flood, fire, etc.) or error on the part of the customer. SAPINS.BE does, of course, undertake to do everything it can to implement a solution aimed at fulfilling the contract agreed within the shortest possible time.
16.5 The products offered for direct sale by SAPINS.BE are those displayed at www.sapins.be, on the day the website was viewed by the Internet user, within the bounds of available stocks.
16.6 The selection and purchase of a product or service falls under the sole responsibility of the customer. If the products cannot be used, either in part or in their entirety, in particular on account of the incompatibility of the material, under no circumstances will this lead to any form of indemnity or reimbursement, nor will it invoke the liability of SAPINS.BE, except in cases where a hidden defect is discovered, non-conformity, defectiveness or exercise of the right of cancellation or return.
16.7 For any hypertext links redirecting the user to partner sites, these partners are solely responsible for the content of those sites.
- Warning
The natural Christmas trees and flocked Christmas trees are natural products.
The flocked Christmas trees are treated with a fire-retardant product (Flame retardant M1).
Despite this treatment, these products still remain inflammable and must not be placed close to a source of heat.
All of the products we sell are EC-certified.
- Guarantee
SAPINS.BE is responsible for any defects in the conformity of the goods to the contract and for hidden defects, as stated in articles 1641 to 1649 of the Civil Code.
Article 1641 of the Civil Code
“The seller is bound by the guarantee for hidden defects in the item sold that may render the item unsuitable for the purpose for which it is intended, or which diminish this purpose to such an extent that the purchaser would not have bought it, or would have paid a lower price for it, if the customer had been aware of these defects.”
Article 1648 of the Civil Code
“Action arising from hidden defects must be taken by the purchaser within a short period of time, depending on the nature of the hidden defects and the custom of the place where the sale was made.”
18.2 SAPINS.BE also undertakes to exchange any Christmas tree ordered, within 10 days of delivery, subject to indicating the grounds for exchange, as well as providing a photograph justifying the Customer’s dissatisfaction. The Christmas tree will be exchanged for a tree with the same features as those stated in the order. The Christmas tree will be replaced just once.
This is without prejudice to the right of SAPINS.BE not to proceed with the replacement of the Christmas tree and to reimburse the Customer for the amount of the order (always excluding delivery or collection charges).
18.3 For all technical problems or requests for information, please contact Customer Service: info@sapins.be.
18.4 The return of a Product will only be permitted if it is the subject of a complaint and prior request, with supporting photograph, and on condition that the purchaser follows the instructions issued by Customer Service.
In the context of returning an item under guarantee, that item must be returned in its original packaging, accompanied by any accessories, instruction leaflets and other documentation, as well as by the return agreement e-mail from Customer Service at SAPINS.BE.
Any incomplete return or return where the packaging is damaged will be rejected by SAPINS.BE and returned to the customer at the customer’s expense.
After examining the areas in which the product does not comply with the advertised offering, SAPINS.BE will proceed by exchanging the returned product with a product of the same product reference and of the same or superior quality, depending on availability. If this is the case, the purchaser will retain the option to request a refund.
If the Product is not available, SAPINS.BE will proceed with a refund of the price [excluding delivery charges].
19. Data protection
When placing an Order, the Customer gives his/her permission for SAPINS.BE to store, process and use the data gathered from the Customer’s Order in order to handle the Order.
Some of this information may be passed on to the companies acting for the delivery of the Products ordered.
SAPINS.BE processes data of a personal nature in accordance with Regulation (EU) 2016/679 dated 27th April 2016 relative to the protection of natural persons regarding the processing of personal data and the free circulation of this data (RGPD), as well as other legislative provisions relating to the protection of private data.
SAPINS.BE notifies you that you are entitled to view your personal data, have it amended and, if you have good reasons, have it restricted or deleted. You also have the right of data portability.
You may withdraw your consent for your personal data to be processed at any time.You may also, at any time, oppose the use of the data that we process for direct marketing purposes. You may invoke you right to withdraw your consent, as well as you right of opposition, by writing to [email protected], enclosing a copy of the front of your identity card.
18. Applicable law / Disputes
This contract is subject to Belgian law. The language used in this contract is French/Dutch/English.
In the event of a dispute, the Parties will attempt to reach an amicable settlement.
Failing this, the Parties hereby acknowledge the sole jurisdiction of the Courts in Brussels [Justice of the Peace in Uccle] and that Belgian law only shall apply.
For private individuals, the Court with jurisdiction in the event of a dispute will be the Court at the place where the defendant is domiciled or, at the defendant’s discretion, at the place where the product was effectively delivered.