TERMS OF SALE


Purpose of the website and identification of the parties


The website www.lespetitspresses.be is published by the company « Les Petits Pressés», registered at the database «Banque-Carrefour des Entreprises » under the number 0503 854 424, the head office of which is located at Chemin du Panama 21, 6120 HAM-SUR-HEURE.

VAT registration number: BE 503 854 424.

The above mentioned website is access free for all internet users.

Subscribing to a contract governed by these terms and conditions, with Les Petits Pressés implies acceptance by the user of these general conditions.

The user acknowledges being fully aware of these conditions. The users’ acceptance will be demonstrated by the fact of checking the box next to the following sentence: "I have read and accepted the terms and conditions of sale and use of the website."

This act of checking the box will be deemed to have the same value as a handwritten signature from the user. The user acknowledges the value of evidence of automatic registration of the publisher of this website and systems and unless he brings evidence of the contrary, he renounces to contest in the event of a dispute. The acceptance of these terms implies that the Internet users have the necessary legal capacity for it, or the permission of a guardian or trustee if they are unable , of their legal representatives if they are minors, or that they hold a warrant if they are acting on behalf of a corporation.


Terms of subscription of orders and description of the buying process


Product availability is shown on the website in the description sheet of each item and is shown in real time.

To place an order, users can select one or more items and add them to their basket. When their order is complete, they can access their shopping cart by clicking on the
button provided for this purpose.

By consulting their basket, members will have the opportunity to check the number and the nature of the items they have chosen and will be able to check their unit price as well as the total price of the order. They will have the possibility to remove one or more items from their cart.
If their order suits them and they want to confirm, users can click on the confirm button, they will then access a form in which they can either enter their username if they already have one, or register on the website by completing the form presented to them with their personal information.

Once they are connected, or after they have fully completed the form, customers will be invited to check or to change their delivery address and billing address. They will then be invited to make their payment by being redirected to the interface for secure payment.

Once payment is effectively received by Les Petits Pressés , the latter commits to acknowledging receipt to the customer by electronic means, within a maximum of 24 hours. Similarly and in the same time frame, Les Petits Pressés commits to sending to the customer an e-mail summarising the order and confirming the processing, restating as well, all the information regarding the order, the ordered products, and their delivery.

The prices listed on the website are stated in Euros, including all VAT and excluding all delivery costs. These prices can be changed at any time by Les Petits Pressés. The prices displayed are only valid on the day of the order and cannot bear effect for the future.

Delivery costs are borne by the customer and will be displayed before the confirmation of the order. Delivery fees may be subjected to occasional promotions, in which case, it is explicitly stated on the website that these costs are borne by Les Petits Pressés. The sold products and articles are the property of Les Petits Pressés until full payment of the price, in accordance with the present clause of retention of ownership.


Payment information


The price can be required at the order.

All payments must be made according to the following payment methods:

- Credit Card;

- Bank Debit Card;

- Bank Transfer;

- Electronic wallet HIPAY.


Payments are made through secure transactions provided by the provider: HIPAY. The payment data is processed and protected by HIPAY and submitted to the general conditions established by HIPAY (general terms are available on the website www.hipay.com site). Les Petits Pressés is exempt of all responsibility in case of damages resulting from the use and / or payment of / via HIPAY.


Online payment is fully secured, the server is in encrypted mode and all information transmitted is encrypted.
Delivery times specified in the article below will begin to run at the date of receipt of payment by Les Petits Pressés, the latter can bear proof of it by any means.


Delivery


The buyer has the choice to be delivered either at home, at a third party’s address or at a Kiala spot of his choice.
Any erroneous communication of the delivery address is the responsibility of the customer and cannot, in any way, incur additional charges.


When ordering, an indicative delivery time is provided which takes into account the address and the shipping method chosen.
Les Petits Pressés commits to making all necessary effort to meet the deadline specified in the order.
Any delay of delivery of less than 30 calendar days after the date of order, can neither lead to the cancellation of the order nor to compensation payment.


Provisions on consumer rights

The Customer Service of this website is accessible from Monday to Friday from 9:00 to 18:00 at the following (not overtaxed) number: +32 (0) 498 59 20 42, by e-mail to the following address info@lespetitspresses.be or by letter to the following address: Les Petits Pressés, Chemin du Panama 21, 6120 HAM-SUR-HEURE.

According to the legislation, the consumer has the right to notify the company that he renounces to the purchase without any penalty and without giving any reason, within 14 calendar days from the day following the delivery of the product.

The reimbursement will be made as soon as possible and no later than 30 days after the date of withdrawal. Pursuant to Article 48 of the Law of 6 April 2010, the cost of return will be reimbursed to the consumer if the product does not match the description in the offer.

Any delay in delivery of more than 30 days may result in termination of the sale at the initiative of the consumer, upon written request from him. Consumers will be reimbursed for costs incurred during the ordering. This clause is not intended to apply if the delay in delivery is due to a case of a major force beyond the control of Les Petits Pressés. In such cases, the customer agrees not to engage in proceedings against the website and its editor and waives the right foreseen under this section to cancel the sale.


Complaint


The buyer is responsible for checking the contents of the package upon receipt. If he finds an error in the product, the quantity, or if the product is damaged or defective, the customer must notify Les Petits Pressés and return the parcel within 7 days after the calendar date of delivery.

After this deadline, no complaint may be initiated by the buyer including for hidden defects, and without prejudice to the right of withdrawal provided for in Article 47 of the Law of 6 April 2010.

Les Petits Pressés reserves the right to verify the validity of any complaint.

 - In the case of a defective or damaged product, Les Petits Pressés will reimburse the customer, the product price and                shipping costs related thereto;

- In the case of a reference error occurred during delivery by Les Petits Pressés, the latter agrees to exchange the product and   will cover the related costs;

- In case of a missing product, the customer will have the choice between reimbursement of the same product or the                   acquisition of an equivalent product or the equivalent amount.


Member area


Creating a personal space is a prerequisite for any order from a user on this website. To this end, members will be asked to provide certain personal information. The member agrees to provide accurate information under penalty of termination of the contract at the initiative of the editor and deletion of the account. Some information will be deemed essential to the contract and its collection will be essential to the creation of the personal space and the validation of the contract. The refusal by a member to provide such information will preclude the creation of the personal space and, incidentally, the validation of the order.

If the data contained in the personal space section were to disappear as a result of a fortuitous event, of a technical failure or a case of force majeure, the responsibility of the publisher of this website cannot be engaged, the information having no probative value but only an informative character. Les Petits Pressés however, undertakes to keep securely all contractual elements for which conservation is required by law or regulations.

Pages on personal spaces are freely printable by the account holder in question but do not constitute proof, they only have an informative character destined to ensure an effective management of the orders by the customer.

When creating personal space, the user is prompted to enter a password. This password is the guarantee of confidentiality of the information contained in the "My Account" section and the user therefore is not permitted to transmit or communicate it to a third party. Otherwise, the website cannot be held responsible for unauthorized access to a user account. Les Petits Pressés reserves the exclusive right to delete the account of any member who has violated the terms and conditions (including, but this example does not have any exhaustive character, the case where the member has knowingly provided false information during his registration and during the creation of his personal space) or if the account is inactive for at least a year. Such removal is not likely to constitute damage to the excluded member who shall not be entitled to any compensation as a result.

This exclusion does not exclude the possibility for Les Petits Pressés to undertake prosecution against the member, when the facts justify it.


Provisions relating to the publication of a public profile or a blog


Members are offered the opportunity to create a public profile. In this context, members will be able to put forward a number of personal information.

It is expressly understood that the member, by deciding to subscribe to the services offered by the publisher and by completing the form for his public profile, recognizes that this data may be published on the website and be distributed to all members and visitors, as well as on any other medium chosen by the publisher, in accordance to these conditions. The profile may also include a photograph of the member, which is likely to allow other members to deduce the ethnicity of the member who acknowledges and accepts that fact without reservation.

The simple fact of providing such information and completing the fields in the form for creating the profile will imply, for the member, his/her full acceptance and will be an explicit indication of his willingness to publish such information on the website as well as on all other materials determined by the publisher in accordance to these conditions.

It is expressly brought to the attention of the members that they will have the ability to stop the dissemination of their public profile. They will, for this, request removal of their member account and termination of the services, following the procedure provided for this purpose and defined in these terms and conditions.

Any suspension of dissemination either of optional data or of public profile will be effective within a maximum of three 3 working days from the receipt of the request by Les Petits Pressés or after the modification of the data on the member's account.

In the absence of a fault directly attributable to Les Petits Pressés , its responsibility cannot be engaged in the context of the dissemination of the data, regardless of the prejudice alleged by the member who will, under the conditions defined above, be deemed to have expressly requested dissemination of personal data.

Les Petits Pressés however, does not guarantee the accuracy, integrity or honesty of the information provided by members and cannot be held liable for false statements made by a member and disclaims any responsibility resulting from the use of the Service.

All forms of public profiles will be subjected to prior approval by the publisher or by his team of moderators. A button to report inappropriate, illegal or contrary to public order or morality content will be found on all public profiles.

The member claims to be the owner of all content, of any contribution posted on his profile, associated to him and submitted by him, and this content is free of any rights. Or the member is at least deemed to have permission from the owner of these rights. The member may not publish content that violates intellectual property rights of others and agrees to the fact that each person represented has given his consent to the use and dissemination of the image content. The member releases the website and its editor of any possible third party complaints against him in case of violation of their rights or breach of any applicable law.


Les Petits Pressés assumes no responsibility for the originality of the contributions, and only relies on the good faith of the contributors because of the obvious difficulty of carrying out checks on the matter. However, if the moderating team detects this kind of abuse, the publisher is authorized to take the necessary steps for removal or modification.


Data Protection


Users have the possibility to provide personal information about them. The provision of personal information is not necessary for using the website. However, registration on the website implies the collection, by the editor, of some personal information about the users. The users who do not want to provide the information necessary for the usage of the services offered by the website and, if applicable, for the creation of a personal space, can neither use the services offered by the publisher of the website nor place an order on the website.


In the case of an order on this website, information about the collection of payment data, including credit card number and its use for commercial identification is subjected to the collection of prior consent of the person concerned, through the various forms on the website.


The data collected is necessary for the proper administration of the services offered on this website and to the compliance with its contractual obligations by Les Petits Pressés. This data is stored by Les Petits Pressés, as a unique quality, and Les Petits Pressés agrees not to use the data in another context nor to transmit it to third parties, without express consent of the users or as provided by the law.

In accordance to the latter, they have a right to oppose, query, access and rectify the data they provided. To do this, they only need to address a request to Les Petits Pressés, by using the following e-mail address: info@lespetitspresses.be or by post to the address of the headquarters of Les Petits Pressés mentioned at the beginning of these terms and conditions. The personal data collected shall be processed electronically and is exclusively reserved to the publisher of the site.


Exemption of Les Petits Pressés’ responsibility in the context of the execution of the present contract

If access to the website is impossible due to technical problems or failure of any kind, the user or customer cannot claim damage and will not be entitled to any compensation.

In case of delivery of a package clearly and visibly damaged, it is the clients’ responsibility to refuse the product, in order to enjoy the guarantee offered by the carrier. The customer must also inform the seller immediately so that a new package is prepared for him and shipped upon receipt of the returned damaged package. In such cases, the delivery times indicated above in these terms and conditions will no longer apply.

The unavailability, even long term and without any time limitation, of one or more products, cannot be constitutive of harm to users and cannot possibly give rise to the award of damages and compensation by the website or its publisher.

Visual representations of the products published on the website are guaranteed by Les Petits Pressés as reflecting reality, in order to satisfy its obligation of giving perfect information. However, given the current state of the technique, the result of these representations especially in terms of colour or shape, can vary substantially from one computer terminal to another or differ from reality depending on the quality of the graphic accessories and of the screen or depending on the resolution of the display. These variations and differences may in no case be attributed to the editor who will therefore be in no way held responsible.


The hyperlinks on this website may refer to other websites and the publisher of the website cannot be held responsible if the content of these websites violates the laws. Similarly, the publisher of this website cannot be held responsible if the visit of one of these websites caused harm to the user.


The intellectual property rights relating to items published on this website


All elements of this website belong to Les Petits Pressés and are protected, as such, by the laws on intellectual property.


Users therefore agree that, in the absence of authorization, any partial or total copy and any distribution or usage of one or more of these elements, whether or not modified, will likely lead to prosecution conducted against them by Les Petits Pressés or by their right holders.


This protection will cover all text and graphics of the website, but it will also cover its structure, its name and its graphic.


Various clauses


These general conditions are subjected to the application of the Belgian law.
These terms and conditions may be modified at any moment by the website editor or his authorized representative. The general conditions applicable to the user are those that bear effect on the date of his order or of his connection to the website.Les Petits Pressés agrees of course to keep all its former general conditions and send them to any user who requests them.

Save of clauses of public order, any disputes that may arise in connection with the execution of these terms can, before any legal action, be subjected to the appreciation of Les Petits Pressés for a non-litigious settlement. It is expressly stated that requests for an amicable settlement do not set aside the deadline fixed for initiating judicial proceedings.


If any provision of these terms were to be declared invalid by a court, such invalidity shall not entail the invalidity of all other clauses, which continue to produce their effect.


The fact, for Les Petits Pressés, of not using, on a temporary or permanent basis, one or more provisions of these terms and conditions, shall not imply any waiver of the remaining terms and conditions.


Dispute


Any dispute between parties will be by express agreement, of the exclusive jurisdiction of the district of Charleroi.


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