CGV - thecocoonalist
General conditions of sale

traitfin2.jpg

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 (telephone: +32 2 686 16 30 - 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. You can also download a pdf version by clicking here.

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 (Belgium). In the situation where a Client is located in a country other than Belgium and would conclude a sale with THECOCOONALIST using the present General Conditions of Sale for Belgium, 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 the acceptance 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. When an 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 description containing 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, when it 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 of a European Union member of the euro area, prices are in indicated euros.

Article 5: Creating an account

5.1. The Client declares that he reached the age of majority, i.e., 18 years.

5.2. The Client warrants that he 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 as he came to see that one or more of the transmitted information is incorrect or no longer valid.

5.3. The creation of a personal account on this website allows you to make purchases with greater comfort. In effect, the data you provide via the registration form is 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 creating a 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 the registration, the Client automatically receives an email confirming the creation of his account.

5.6. You agree to regularly check the 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 that he/she wants to buy, by clicking the button "Add to Cart".

By clicking on "order", the Client initiates the process of purchase of the products contained in its basket. 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) that he/she has all the information enabling him/her to produce a free and informed consent; (b) that he/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 can inform 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 of the banking establishment; and THECOCOONALIST has no access to data relating to the payment method used by the Client.

7.4. The contract takes effect, especially with the obligation to deliver the ordered products, solely upon the collection of the full price of the products purchased by the Client, and this, by whatever the mode of payment. THECOCOONALIST draws the Client's attention on the fact that if paid by bank transfer, a delay of several days can elapse between the date of the transfer and the receipt of payment on account of THECOCOONALIST. This can have the effect of lengthen 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 the purchase 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 the address 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. Fees for sending are supported by THECOCOONALIST except in the 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, filing of one of our carriers...). In this case, if the Client will 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 case where the Client will require a second shipment of the order, service charges for sending it to him will be charged, notwithstanding article 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 of the article, 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 the fulfilment of the contract.

In the case where the delay in delivery or provision results from a force majeure, THECOCOONALIST may refuse termination. THECOCOONALIST will then send the customer an e-mail informing 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 the status 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, 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 find all 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 form online.

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 until he recovery of the Products, or until such times as the Client has provided evidence of the 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
The article provides that the customer can not exercise the right of withdrawal for the supply of goods referred to in article 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 the use for which it was intended, or that decrease this use such that the Client would not have acquired it, or would have paid a lower price for it had 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 find all contact information for THECOCOONALIST on this site, on the page containing the Legal Notice.

Article 12: Return of goods

12.1. THECOCOONALIST packages its Products in order to ensure 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 from a manipulation that is not necessary to establishing the proper operation, characteristics or nature of the Product.

Article 13: 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 period of existence of more than 15 consecutive days, it would open the right to automatic termination of the contract by the one or other party 10 days after the sending of a registered letter, with acknowledgment of receipt, notifying the other party of this decision.

Article 14: Exclusions - Professional Client

These Terms and Conditions are reserved to consumers, and do not apply when the Client is a Professional within the meaning of article 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 of Information 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 of a 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 shall not affect the validity or applicability of the other provisions of the General Conditions of Sale.

Article 19: Governing Law and Jurisdiction

19.1 This agreement is subject to the belgian law. Any dispute with a Client customer relating to the interpretation, performance or validity of this Contract is within the jurisdiction of belgian 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.
General conditions of sale

traitfin2.jpg

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 (telephone: +32 2 686 16 30 - 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. You can also download a pdf version by clicking here.

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 (Belgium). In the situation where a Client is located in a country other than Belgium and would conclude a sale with THECOCOONALIST using the present General Conditions of Sale for Belgium, 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 the acceptance 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. When an 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 description containing 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, when it 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 of a European Union member of the euro area, prices are in indicated euros.

Article 5: Creating an account

5.1. The Client declares that he reached the age of majority, i.e., 18 years.

5.2. The Client warrants that he 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 as he came to see that one or more of the transmitted information is incorrect or no longer valid.

5.3. The creation of a personal account on this website allows you to make purchases with greater comfort. In effect, the data you provide via the registration form is 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 creating a 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 the registration, the Client automatically receives an email confirming the creation of his account.

5.6. You agree to regularly check the 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 that he/she wants to buy, by clicking the button "Add to Cart".

By clicking on "order", the Client initiates the process of purchase of the products contained in its basket. 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) that he/she has all the information enabling him/her to produce a free and informed consent; (b) that he/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 can inform 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 of the banking establishment; and THECOCOONALIST has no access to data relating to the payment method used by the Client.

7.4. The contract takes effect, especially with the obligation to deliver the ordered products, solely upon the collection of the full price of the products purchased by the Client, and this, by whatever the mode of payment. THECOCOONALIST draws the Client's attention on the fact that if paid by bank transfer, a delay of several days can elapse between the date of the transfer and the receipt of payment on account of THECOCOONALIST. This can have the effect of lengthen 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 the purchase 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 the address 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. Fees for sending are supported by THECOCOONALIST except in the 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, filing of one of our carriers...). In this case, if the Client will 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 case where the Client will require a second shipment of the order, service charges for sending it to him will be charged, notwithstanding article 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 of the article, 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 the fulfilment of the contract.

In the case where the delay in delivery or provision results from a force majeure, THECOCOONALIST may refuse termination. THECOCOONALIST will then send the customer an e-mail informing 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 the status 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, 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 find all 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 form online.

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 until he recovery of the Products, or until such times as the Client has provided evidence of the 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
The article provides that the customer can not exercise the right of withdrawal for the supply of goods referred to in article 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 the use for which it was intended, or that decrease this use such that the Client would not have acquired it, or would have paid a lower price for it had 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 find all contact information for THECOCOONALIST on this site, on the page containing the Legal Notice.

Article 12: Return of goods

12.1. THECOCOONALIST packages its Products in order to ensure 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 from a manipulation that is not necessary to establishing the proper operation, characteristics or nature of the Product.

Article 13: 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 period of existence of more than 15 consecutive days, it would open the right to automatic termination of the contract by the one or other party 10 days after the sending of a registered letter, with acknowledgment of receipt, notifying the other party of this decision.

Article 14: Exclusions - Professional Client

These Terms and Conditions are reserved to consumers, and do not apply when the Client is a Professional within the meaning of article 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 of Information 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 of a 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 shall not affect the validity or applicability of the other provisions of the General Conditions of Sale.

Article 19: Governing Law and Jurisdiction

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

traitfin2.jpg

The site www.thecocoonalist.com site (hereinafter, “the Site”), to which you are currently logged on, is operated by THECOCOONALIST SPRL (hereinafter referred to as “THECOCOONALIST”), a Belgian company registered 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 (telephone: +32 2 686 16 30 - Email: Contact@thecocoonalist.com ).

Please read these Terms and Conditions of use carefully before visiting this site. By logging on to the site, you acknowledge that you have read, understood and accepted the following clauses:

Article 1: Use of the site

When you use this Site, you undertake at all times to act within the law and not to do anything which is liable: (a) to damage, interfere, interrupt or stop this Site from working; (b) or restrict the use and the enjoyment of this Site by other users.

Article 2: Contents

The information published on this Site, in whatever form that it may be (comments, images, texts…), is provided on an indicative basis, without any guarantee as to its accuracy. THECOCOONALIST may not be held liable in the event of use of this information, whether it be by an internet user or by any other person who may be aware of such information. As such, THECOCOONALIST may under no circumstances be held liable for any omission, inaccuracy or errors concerning this information.

Article 3: External hyperlinks

3.1 This Site offers links to other websites, in order to provide a better browsing experience. THECOCOONALIST accepts no responsibility concerning the contents and the practices of these sites and this, in particular with regard to the compliance with legislation regarding personal data protection. If you visit websites operated by third parties, we recommend that you check their policies on the protection of privacy and personal data, before providing any information concerning you.

3.2 Furthermore, it is possible to access this Site via links which appear in sites owned or managed by third parties over which THECOCOONALIST has no control. THECOCOONALIST cannot offer any guarantee with respect to the accuracy, validity, relevance, exhaustiveness of the information provided on such sites.

Article 4: Privacy and personal data protection

THECOCOONALIST takes the respect of the basic rights of privacy and the protection of the personal data which appear on its Site very seriously.

The procedures used by the SPRL THECOCOONALIST for processing the personal data of the visitors to its site and its customers are detailed in our Privacy statement. We would kindly ask you to read it carefully.

Article 5: Intellectual property

The content of this site – including in particular texts, images, diagrams as well as the structure, graphics, databases, and source code - is protected under the terms of intellectual property. The name and the logo of THECOCOONALIST are registered trademarks.

The use of this Site does not grant you any right of intellectual property over the Website and its contents. You may only use this Site for personal and non-commercial purposes. Any other use of the contents of this Site requires the express and written authorization of THECOCOONALIST.

Any breach of the intellectual property rights of THECOCOONALIST is liable to lead to prosecution.

Article 6: Updates

We kindly ask you to visit our Site regularly in order to keep up to date with any amendment which may be made to these Terms of use. Any amendments shall come into force as soon as they are published on this Site.

Article 7. Nullity of a part - Divisibility

If all or a part of the provisions of these Terms of use are judged by a competent court or an authority with jurisdiction in the matter to be null, invalid or inapplicable for whatever reason, the aforementioned provision or part of the aforesaid provision will be regarded as divisible from the rest of the Terms of use and will not affect either the validity or the applicability of the other stipulations contained therein.

Article 8. Applicable law and competent courts

These Terms and Conditions of use are subject to the Belgian law. Any dispute relating to the interpretation or the enforcement of these Terms and Conditions shall come under the jurisdiction of the Belgian courts.
Privacy statement

traitfin2.jpg

Article 1: Subject

THECOCOONALIST fasteners great importance to the proper observance of the fundamental right to privacy and to the protection of personal data. The SPRL THECOCOONALIST undertakes to respect any legislation or standard applicable to the matter.

The present Privacy Statement details the manner in which the SPRL THECOCOONALIST (hereinafter also referred to as "THECOCOONALIST") process the personal data of its customers and visitors to its site www.thecocoonalist.com (hereinafter, the "Website").

By using this Site, you agree that your personal data will be processed in the manner described in this Privacy Statement. Moreover, ordering our products, you repeat your agreement with the terms of this Privacy Statement, which is an integral part of our General Conditions of Sale.

Article 2: Definitions

Within the meaning of this Privacy Statement, the following terms have the same meaning as in Directive 95/46/EC of 24 October 1995, relative to the protection of individuals with regard to the processing of personal data and on the free movement of such data, namely that:
1° “Personal data” or “Data” shall mean any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

2° “Processing of personal data” (“Processing”) shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

3° “personal data filing system” or “filing system” shall mean any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis;

4° “Controller” shall mean the natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law;

5° “Processor” shall mean a natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller;

6° “Third Party” shall mean any natural or legal person, public authority, agency or any other body other than the data subject, the controller, the processor and the persons who, under the direct authority of the controller or the processor, are authorized to process the data;

7° “Recipient” shall mean a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;

8° “Consent” or “the data subject's consent” shall mean any freely given specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed.

Article 3: Purposes

3.1. Data relating to the visitors of the Site
Some Data relating to Internet users who visit this Site - including their IP address and Data of navigation - are processed by the SPRL THECOCOONALIST, in quality of Controller, in order to:
(a) allow the good administration of the site;
(b) to understand the way in which this site is visited and the characteristics of its users;
(c) to improve its operation and graphics;
(d) to adapt its content according to the needs and preferences of users.

3.2. Customer Data
The customer is led to communicate data to THECOCOONALIST, primarily using the forms available on this site, but also by telephone, on the occasion of the visit of the showroom of THECOCOONALIST or by other means.

As an example and in a non-exhaustive manner, these data are your first and last names, your gender, your e-mail address, the address of your home, possibly a different address for delivery, your phone numbers fixed and mobile, your bank account number…

The SPRLTHECOCOONALIST deals, in the capacity of the Controller, the Data of its customers, in order to:
(a) conclude and execute the contract of sale that it builds with them. It is in particular to address the orders, to ensure the provision of the products purchased, check and to perform financial transactions in relation to the payments made online, to manage any eventual claims or demands which emanate from the clients;
(b) to customize the services, products and information that THECOCOONALIST offers the Client according to its needs, preferences and interests, provided that the Client has not objected to such a Processing of data, as well as further explained below in Articles 9.2 and 9.3 of this Privacy Statement.

Article 4: Communication of data to third parties

4.1. In order to achieve the purposes mentioned in article 3 of the present Privacy Statement, THECOCOONALIST is led to communicate to Third Parties the data relating to the visitors of its Site and to its Clients. These Third Parties may be of corporations or individuals. It is, for example, computer service providers who provide the maintenance of the site, or additionally, companies that are responsible for the delivery of the ordered products… THECOCOONALIST selects these Third Parties with the greatest care, and in particular in the light of the guarantees that they bring to the level of the protection of personal data.

4.2. THECOCOONALIST operates on the international level. It may be therefore that some of these Third Parties, corporations or individuals, are established in States which are located outside the territory of the European Union and whose legislation does not provide a level of protection of the private life and personal data at least equivalent to that guaranteed in the member countries of the European Union. In such a case, THECOCOONALIST takes the necessary measures to ensure that these Third Parties are subject to a level of protection of Personal Data at least equivalent to that which is guaranteed in the European Union and this, in compliance with the legal requirements applicable to such transfers of data.

Article 5: Employees of TheCocoonalist

5.1. THECOCOONALIST ensures that, for the persons acting under its authority (employees), the access to the data and the possibilities of treatment are limited to what these people have need for the exercise of their functions or to that which is necessary for the necessities of the service provided.

5.2. THECOCOONALIST shall inform the persons acting under its authority of the provisions of the Belgian Law of 8 December 1992 relating to the protection of privacy with regard to the processing of personal data and its decree of implementation, as well as any relevant regulation, relative to the protection of privacy with regard to the processing of personal data.

Article 6: Confidentiality

6.1. THECOCOONALIST makes every effort to ensure in the best possible way the confidentiality of the Personal Data that relate to the visitors of his Site and to its Clients.

6.2. By way of derogation from the previous paragraph, THECOCOONALIST is led to communicate such Personal Data:
(a) to third parties in the context of the purposes defined in article 3 of this Privacy Statement and as well as described in article 4 of the latter.
(b) when the communication is ordered by decision of Justice or a competent authority;
(c) to the members of his staff acting directly under its authority.

Article 7: Security of data

THECOCOONALIST takes organizational and technical measures required to protect the Personal Data that it processes against partial or non-authorized destruction, against accidental loss as well as against modification, access or any other non-authorized processing activity .

Article 8: Retention times

THECOCOONALIST will not retain the Personal Data that it deals (about visitors to its Site and its Clients) beyond the time necessary to the pursuit of the purposes defined in article 3 of this Privacy Statement.

Article 9: Exercise of your rights

9.1. In accordance with the Belgian Law of 8 December 1992 relating to the protection of privacy with regard to the processing of personal data, you have a right of access, of modification, of correction and of suppression of the Data which concern you.

9.2. In addition, you can oppose, without charge, to the Processing of your Data for marketing purposes.

9.3. These rights can be exercised by making contact with THECOCOONALIST, to the electronic mail address contact@thecocoonalist.com or by postal mail sent to the headquarters of the SPRLTHECOCOONALIST. You will find our complete coordinates in our Legal notes.

Article 10: Cookies

10.1 Definition
A cookie is a text file containing a small quantity of information downloaded on your computer or your mobile device during your visit on an Internet site. Cookies play different roles. They allow, for example, to navigate in a fluid manner between the pages, retain your preferences, and allow improving your browsing experience on the web…

There are two categories of cookies: temporary and permanent cookies. Temporary cookies (or session cookies) are only active the time of your visit. They are deleted when you close the browser, in other words when you wrap up a session. Permanent cookies, as far as they are concerned, remain on your hard disk after the closure of the session. They are purged by your browser at the end of a specified period of time. They can also be deleted manually.

10.2 Cookies used in this site
(a) Cookies supplied by the user: session cookies are used to allow keeping track of the services that you select in your shopping cart, as well as the information that you enter when you complete our different forms online.

(b) Cookies of authentication: This type of session cookie is used to identify you as soon as you are connected to your personal account. Without the use of such an "authentication token" stored in a cookie, you would be required to provide your user name and your password during each request for access to a page. Therefore, this feature of authentication is an essential element of the service that the information company THECOCOONALIST provides to your request.

(c) Security Cookies: These cookies are put in place for the specific purpose of strengthening the security of the site. Through the use of these, we more easily detect unsuccessful connection attempts to the Site and protect the connection system against abusive uses.

(d) Statistical or analytical cookies: these Cookies collect information about your navigation on our Site and allow us to improve navigation on the Site and its graphics. The statistical analysis is anonymous. It allows learning the overall patterns of use of the Site and to identify the pages most or least visited. For some analyses, THECOCOONALIST uses Google Analytics.

10.3 In using this Site, you authorize THECOCOONALIST to install on your device (computer, tablet, mobile phone,…), cookies, referred to above in points 10.2 a and b.

To introduce into your device the cookies mentioned in point 10.2 c and d. THECOCOONALIST needs, in accordance with the privacy regulation, to obtain your consent. Your consent will be obtained via a banner that appears at the top of the page consulted.

10.4 Browser Settings
Most browsers allow you to refuse the registration of new cookies and delete those that are installed in your device. Such an action may have the effect of preventing this site to function correctly. Normally you should find information on how to set your browser in the help topic that it contains.

Article 11: Electronic Newsletter

You have the possibility to register to receive e-mail information on the products, activities and events of THECOCOONALIST. For this, it is enough for you to send us your e-mail address via the form "Newsletter".

The e-mail addresses collected in this way will be processed only in the goal to send to you our Newsletter. At any time, you can unsubscribe and oppose the Processing of Data carried out in this manner. Each communication addressed to subscribers will include a hyperlink for this purpose. You can also exercise this right of opposition as well as mentioned in Article 9.3 of this Privacy Statement.

Article 12: Contact Form

This site also includes a contact form allowing you to interact with THECOCOONALIST. The data collected via this form will be treated with the only purpose to enter in contact with you and to answer your questions and requests.

Article 13: Third-party applications integrated in this site

13.1 THECOCOONALIST incorporates in its site various computer applications which emanate from Third Parties. These applications allow you to share content published in this Site with other people, and possibly to comment on them. This is particularly the case of the buttons for the sharing of social networks from Facebook Twitter, Google+ and Pinterest…

13.2 THECOCOONALIST has no control on the methods that these Third Parties implement to collect information during your navigation on its site, and for the associate then to the Personal Data that are already available to them.

THECOCOONALIST brings to your attention on the fact that social networks providing such a application button are likely to identify you, thanks to it, even if you have not used it during your consultation of this Site. In effect, this type of button can allow the social network concerned to follow your navigation on the site of THECOCOONALIST, by reason only of the fact that your account in the social network concerned was enabled on your device in the course of your navigation on this Site.

In addition, it may be that these Third Party companies are established in States which are located outside the territory of the European Union and whose legislation does not provide a level of protection of the private life and Personal Data at least equivalent to that guaranteed in the member countries of the European Union.

THECOCOONALIST recommends that you consult the privacy policies of these social networks, in order to inform yourself of the purposes of use (including advertising) with information that they can collect through the application buttons, above.

13.3. THECOCOONALIST disclaims all responsibility for the treatment of Personal Data that are made by these Third Party companies mentioned above, that therefore are the result of the use of these social networks themselves.

Retractation form

traitfin2.jpg

Click here to download the retractation form.
Legal notes

traitfin2.jpg

You are currently connected to www.thecocoonalist.com , a website operated by the SPRL THECOCOONALIST. The Following are the details:

SPRL THECOCOONALIST
Headquarters: Avenue Louise 205 bte 4, 1050 Brussels, Belgium
Business Number: 639 834 962
Vat number: BE 0639.834.962
Phone: +32 2 686 16 30
Email: contact@thecocoonalist.com
Responsible editor: Mr. Roger Dischert

Webmastering & Development: 

Weeteam France SAS
Headquarters: 10 rue de Penthièvre, 75008 Paris, France
Business Number: 819.521.352
VAT Number: FR 31 819521352
Web : www.weeteam.com
Email : mickael@weeteam.com