General Conditions of Sale - thecocoonalist
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Version 1, applicable from the day of 15 June 2016

 

 

Article 1: Object of the contract

 

1.1.   The site www.thecocoonalist.com (hereinafter, the "Website") , to which you are currently connected, is operated by the sprl THECOCOONALIST ( hereinafter referred to as "THECOCOONALIST" ), a company incorporated under Belgian law included in the Banque-Carrefour des Entreprises under the number BE 0639.834.962 and whose head office is established in 1050 Brussels, Avenue Louise 205 bte 4 (Email: contact@thecocoonalist.com ).

 

The present General Conditions of Sale define the terms and conditions according to which THECOCOONALIST markets its products on this site.

 

We thank you to read them carefully, before selecting our products and making your order. For future reference, we recommend that you print a copy of the latter. 

 

1.2       THECOCOONALIST also offers services of interior architecture and decoration, in collaboration with the interior architect Pierre EMMERY. The present General Conditions of Sale do not apply to the relationship that the Client develops in this framework, such that this may be either with THECOCOONALIST or Mr. Pierre EMMERY. This site only allows the Client to get into contact with THECOCOONALIST and Mr Pierre EMMERY, via a contact form provided to this effect. Prior to the completion of benefits of this type, a specific contract will be concluded, adapted and signed between the Parties involved in the project.

 

1.3.   Ordering our products, you repeat your agreement with the terms of our Privacy Statement and Terms of use of this Site, which are an integral part of our General Conditions of Sale. 

 

1.4.   The present General Conditions of Sale apply exclusively for online sales carried out since the territory (insert country). If you do not reside or are not established in (insert country), we thank you to go to the page General Conditions of Sale by countries, and select the version of our General Conditions of Sale that apply to your country. 

 

In the situation where a Client is located in a country other than (country) and would conclude a sale with THECOCOONALIST using the present General Conditions of Sale (for insert country), therefore in violation of this provision, THECOCOONALIST may depending on the circumstances: (a) either consider the sale as null and non-existent; (b) either declare inapplicable and remove all or part of the clauses of these General Conditions of Sale; (c) or automatically apply the General Conditions of Sale that THECOCOONALIST has established for the country of the Client.

 

 

 

Article 2: Definitions

 

For the application of the present General Conditions of Sale, is meant by:

1°         « Site »: the website accessible via  www.thecocoonalist.com;

2°         « TheCocoonalist » / « Us »: THECOCOONALIST SPRL;

3.         "Client" / "You": any natural or legal person who has created an account and makes an order on this site;

4.         "Professional": any legal or natural person who has created an account and makes an order on this Site, acting as a business or a professional;

5 °        "Product(s)": goods sold on this Site;

6°         "Parties": the parties to this contract, namely the Client and THECOCOONALIST;

7°         "Contract": the contract formed following theacceptance by the Client, without reserve, of these General Conditions of Sale.

 

 

 

Article 3: Characteristics of goods sold

 

3.1.      All Products sold on this Site are subject to availability. Whenan item is sold out, we are working to renew it as soon as possible.

 

3.2.      Our Products are represented through photographs and accompanied with a descriptioncontaining information, as accurate as possible of their characteristics. By clicking on the various photographs, you can enlarge them to better visualize the product.

 

THECOCOONALIST strives to provide graphical representations (photography, drawing...) as close as possible to the Products. It may be, however, that the perception the Client has of this graphic image does not correspond exactly to reality.

 

If in doubt about the characteristics of our Products, we will supply all additional information as may be requested by email or phone.

 

3.3.      Some of our Products are manufactured using traditional methods. In this case, the Product shown on the website and one purchased by the Client presented may differ slightly. The product description indicates that the property concerned is manufactured in a traditional way.

 

3.4.      In addition, some of our Products can be customized and manufactured according to Client specifications. THECOCOONALIST indicates whenever the elements and / or characteristics of the Product can be adapted to the tastes and wishes of Clients. Client ensures that, whenit customizes a product, it does not to infringe upon third party rights, including intellectual property rights.

 

 

 

Article 4: Price

 

THECOCOONALIST products prices are indicated including all fees and taxes (VAT and other taxes). The currency is always mentioned regarding the different prices. When the Client inquires as resident or one established in the country ofa European Union member of the euro area, prices are in indicated euros.

 

 

 

Article 5: Creatingan account

 

5.1.      The Client declares thathe reached theage of majority, i.e., 18 years.

 

5.2.      The Client warrants thathe uses his true identity in its relations with THECOCOONALIST and that personal information provided to THECOCOONALIST are true, complete and current at the time they are provided. The Client undertakes to inform THECOCOONALIST of any changes in his situation, equally ashe came to see thatone or more of the transmitted information is incorrect or no longer valid.

 

5.3.      The creation ofa personal account on this website allows youto make purchases with greater comfort. In effect, the data you provide via the registration formis stored in our database and it will not need to be entered with each new order. Your private space also allows you to view and track your orders.

 

5.4.      When creatinga personal space, you are prompted for a password. This password ensures the confidentiality of information contained in your personal space. Therefore, you cannot, under any circumstances, communicate it to a third party. By default, THECOCOONALIST cannot be held liable for unauthorized access to your data, nor for any consequences of such access.

 

5.5.      Client must be registered with a valid email address and to which he has regular access. Following theregistration, the Client automatically receives an email confirming the creation of his account.

 

5.6.      You agree to regularly checkthe accuracy of your data and to make the necessary changes by visiting your personal account.

 

5.7.      THECOCOONALIST reserves the right to close your account: (a) if you disrupt the operation of the Site in any manner whatsoever; (B) if the information are inaccurate, incomplete, misleading or fraudulent; (C) if you are not an adult.

 

 

 

Article 6: Order process

 

6.1.      Among our range of products, the Client selects items thathe/she wants to buy, by clicking the button "Add to Cart".

 

By clicking on "order", the Client initiates the processof purchase of the products contained in its cart. A summary of selected products is presented to the Client for verification. At this stage, the customer can add or remove items, at will.

 

The Client validates the contents of his cart by clicking the button "Continue Order". He is then asked to identify himself or to create a Client account.

 

After clicking again on the "Continue order" button, the Client selects, successively, the delivery methods and the desired payment type.

 

6.2.      By clicking the "Submit" button, the Client validates his/her order and declares: (a) thathe/she has all the information enabling him/her to produce a free and informed consent; (b) thathe/she understands these Terms and Conditions and accepts them without reservation. The validation of the order created a contract between the Parties (hereinafter, the "Contract"), and thus the obligation to pay THECOCOONALIST.

 

6.3.      After completion of the order, the Client will receive a confirmation email.

 

6.4.      The Client caninform himself/herself of the status of their order by logging into their personal account and in visiting the section "Information on the order".

 

 

 

Article 7: Payment and billing

 

7.1.      The different proposed methods of payment are detailed on our page Secure payment, which is also accessible via a link at the bottom of each page of our website.

 

7.2.      Payments are made every time via the secure transaction system developed by the different companies providing payment solutions to THECOCOONALIST.

 

7.3.      If paying by bankcard, payment is made directly into the hands ofthe banking establishment; and THECOCOONALISThas no access to data relating to the payment method used by the Client.

 

7.4.      The contract takes effect, especially with theobligation to deliver the ordered products, solely upon thecollection ofthe full price of the products purchased by the Client, and this, by whatever the mode of payment. THECOCOONALIST drawsthe Client's attention on the fact thatif paid by bank transfer, a delay of several days can elapsebetween the date of the transfer and the receipt of payment on account of THECOCOONALIST. This can have the effect oflengthen the delivery time agreed between the Parties, without the responsibility of THECOCOONALIST being possible to be held by the Client. It is the responsibility of the Client to choose the appropriate payment method.

 

7.5.      THECOCOONALIST confirms its good receipt of payment by e-mail when the process of thepurchase is finalized.

 

7.6.      The Clients, legal entities or natural persons, who register as professionals receive electronic bills. The invoice shows the VAT number that the Client has taken care to mention in the appropriate field of the form used for the creation of his account. 

 

 

 

Article 8: Delivery

 

8.1. On page This website entitled Delivery, you will find the different modes of delivery that we offer and the list of carriers with which THECOCOONALIST works. Products purchased will be delivered in the manner and to theaddress given by the Client, at the time of his order. Thus, this address may, at the Client's option, be his home, a business address or another address. However, the country of delivery must always be the same as that of the order.

 

8.2.      Delivery times depend on the transmission type selected by the Client when ordering. They are listed on page of this website, as entitled Delivery.

 

8.3.      Feesfor sending are supported by THECOCOONALIST except inthe case referred to below article 8.6 or otherwise agreed in writing by the Parties.

 

8.4.      The Parties agree that, unless otherwise agreed in writing between them, that the delivery times are not an essential element in the formation of the contract and, this takes into account all of the circumstances that surround its being established.

 

8.5.      If you have chosen home delivery, we first will send you a confirmation email corresponding to the time your order leaves our warehouse. Then, a second email will be sent to you to tell you a tracking number (with a link to the website of the transport company). Finally, the transport company will contact you by SMS or email to inform you of the time of delivery of your order.

 

8.6.      The Client can also opt for delivery to a delivery point (eg post office, filingof one of our carriers...). In this case, if the Clientwill not take the order within the period provided for this purpose and if the latter is returned to THECOCOONALIST, THECOCOONALIST may terminate the contract without notice. The sums paid by the Client under the Contract will be refunded. In the casewhere the Client will require a second shipment of the order, service chargesfor sending it to him will be charged, notwithstandingarticle 8.3 of these General Conditions of Sale.

 

8.8.      In the case of late delivery and/or provision of the Products, the Client shall inform THECOCOONALIST immediately. For purposes ofthe article (Reference applicable law), the Client may direct THECOCOONALIST to deliver his order within a reasonable grace period and which is responsive to the situation. To do this, it will preferably address its request in writing (registered letter or email). The Client may terminate the Contract immediately if THECOCOONALIST does not complete the delivery within this additional period. The Client informs THECOCOONALIST in writing (by email or letter) of its decision to terminate the Contract. THECOCOONALIST then reimburses the Client without undue delay, of all amounts paid by it, as part of thefulfilment of the contract.

 

In the case wherethe delay in delivery or provision results froma force majeure, THECOCOONALIST may refuse termination. THECOCOONALIST will then send the customer an e-mailinforming him that his request for termination can not be fulfilled.

 

 

 

Article 9: Transfer of ownership and risk

 

9.1.      The risk of loss or damage to the Products is transferred to the Client when he/she or a third party designated by him other than the carrier proposed by THECOCOONALIST, takes physical possession of the Products ordered.

 

9.2.      The Client carefully checks thestatus of Products delivered to it at the time of receipt. It notes any reservation and, if necessary, refuses the delivery, insofar as the package is damaged, shows clear signs of deterioration or is open. The Client immediately address its reservations and remarks to THECOCOONALIST.

 

 

 

Article 10: Right of withdrawal

 

10.1.  Principle

In accordance with the article (applicable law), the Client has the right to withdraw from this Contract without giving any reason within 14 days.

 

The withdrawal period shall expire in 14 days from the day where the Client or a third party other than the carrier and indicated by the Client, takes physical possession of the property.

 

In the case of an order for several goods delivered separately or in the case of an order of a good consisting of multiple lots or pieces with delivery spread over a defined period, the withdrawal period from receiving the last batch or property or the last piece.

 

To exercise the right of withdrawal, the Client must notify THECOCOONALIST of its decision to withdraw from this contract by an unequivocal statement (e.g., letter sent by mail, fax or email). The Client will findall of the coordinates of THECOCOONALIST on this Site, on the page containing the Legal Notice.

 

The Client may, without this being obligatory, use our withdrawal formonline.

 

In order for the withdrawal period to be complied with, it is sufficient for you to transmit your notification regarding the exercise of the right to withdraw before the expiration of the withdrawal period.

 

 

10.2.  Effects of the right of withdrawal

In the case of withdrawal on the part of the Client from the Contract, the Client returns or delivers the products to THECOCOONALIST or to a person authorized by THECOCOONALIST for receiving the products, without undue delay, and in any event no later than 14 days following the communication of its decision to withdraw from the Contract to THECOCOONALIST . This deadline is met if the Client  returns the products before the expiration of 14 days.

 

The Client is responsible for the direct cost of returning the goods to THECOCOONALIST.

 

THECOCOONALIST will reimburse all payments received from the Client, without undue delay, and in any event no later than 14 days from the day upon which THECOCOONALIST is informed of the decision to withdraw from this contract. Nonetheless, THECOCOONALIST may defer the reimbursement untilhe recovery of the Products, or untilsuch times as the Client has provided evidence ofthe shipment of goods, the date for determining this shall be the earliest of these facts.

 

THECOCOONALIST will process the refund using the same method of payment that the Client has used for the initial transaction, unless the Parties expressly agree to using a different payment method; in any event, this reimbursement will not incur any fees for the Client.

 

10.3.  Personalized products: absence of the right of withdrawal

Thearticle (applicable law)provides that the customer can not exercise the right of withdrawal for the supply of goods referred to inarticle 3.4 of these General Conditions of sale, i.e. goods made to customer specifications or clearly personalized by it.

 

 

 

Article 11: Legal Guarantees

 

11.1.     THECOCOONALIST is legally bound vis-à-vis the Client for any lack of conformity which exists upon delivery of the property and that appears within 2 years from it (Guarantee for faulty goods).

 

11.2.     In addition, THECOCOONALIST is legally bound vis-à-vis the Client in warranty against hidden defects of the thing sold and which make it unfit for theuse for which it was intended, or that decrease this use such that the Clientwould not have acquired it, or wouldhave paid a lower pricefor ithad he known (guarantee covering hidden defects).

 

11.3.     The legal provisions applicable to these guarantees are reproduced below. The customer will address applications that will be sent to the THECOCOONALIST, requesting coverage under the terms of one of these safeguards, preferably on a durable medium (electronic mail, registered mail). The customer will findall contact information for THECOCOONALIST on this site, on the page containing the Legal Notice.

 

11.4.     Guarantee for faulty goods

(Insert relevant excerpts)

 

11.5.     Guarantee covering hidden defects

(Insert relevant excerpts)

 

 

 

Article 12: Return of goods

 

12.1.     THECOCOONALIST packages its Products in order toensure optimal protection thereof during transport and delivery. The Client endeavours to provide care and comparable protection in the event that she/he returns the Products to THECOCOONALIST, following the cancellation of her/his order or upon exercising her/his right to withdraw.

 

12.2. The Client is responsible for the direct cost of returning the goods to THECOCOONALIST, except in the context of statutory guarantees referred to in article 11 of these General Conditions of Sale.

 

12.3.     THECOCOONALIST reserves for itself the right to claim damages and interest from the Client, in the event where all or part of the Products which he has returned are dirty, incomplete, deteriorated or damaged.

 

In particular, the Client will handle the Products with the care and delicacy required during the period of withdrawal. The Client is responsible for any depreciation resulting froma manipulation that is not necessary to establishing the proper operation, characteristics or nature of the Product.

 

 

 

ARTICLE 7: FORCE MAJEURE

 

No party to this Contract shall be held liable towards the other for a partial or total failure to perform its obligations in the case of force majeure. Force majeure results from an unforeseeable event entirely beyond the control of that party, making it impossible to execute its contractual obligations, such that by way of example and in a manner that is not limited to total or partial strikes, storms, floods, water damage...

 

The case of force majeure suspends the obligations of the Contract for the duration of its existence. However, if the instance of force majeure had a periodof existence of more than 15 consecutive days, it would open the right to automatic termination of the contract by theone orother party 10 days afterthe sending ofa registered letter, with acknowledgment of receipt, notifying the other party of this decision.

 

 

 

Article 14: Exclusions - Professional Client

 

The articles (...) these Terms and Conditions are reserved to consumers, and do not apply when the Client is a Professional within the meaning ofarticle 2, 4°.

 

 

 

Article 15: Modification of the contract

 

THECOCOONALIST reserves the right to modify the present Contract at any time. The contractual relationship between the parties will always be subject to the Contract as it was at the moment where the Client confirmed its order, unless the change to it or clauses is required by law or by a governmental authority. In this case, the change will apply to all orders that you have already placed.

 

 

 

Article 16: Completeness of the Contract

 

The Parties agree that the Contract constitutes all of the contractual relationship between them and that it supersedes any correspondence, writing, negotiation, exchange ofInformation about this that occurred prior to its conclusion.

 

 

 

Article 17: Non-waiver

 

The fact that a party shall not rely, at some point, on any provision of these Terms and Conditions, shall be construed as a waiver to invoke subsequently this same stipulation.

 

 

 

Article 18: Nullification of a part

 

If all or part ofa provision of these Terms and Conditions is found by a court of competent jurisdiction or any competent authority to be void, invalid or unenforceable for any reason, that provision or part of the provision shall be deemed severable from the rest of the General Conditions of Sale and shallnot affect the validity orapplicability of the other provisions of the General Conditions of Sale.

 

 

 

Article 19: Governing Law and Jurisdiction

 

19.1      This agreement is subject to insert country law. Any dispute with a Client customer relating to the interpretation, performance or validity of this Contract is within the jurisdiction of insert country courts.

 

19.2. Notwithstanding article 19.1, this Contract is subject to Belgian law where the Client is a Professional. In addition, any dispute with a business relating to the interpretation, performance or validity of this contract is within the competence of courts and tribunals of Brussels.

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