General terms and conditions
Article 1. Scope of application
These general terms and conditions of sale (hereinafter the "GTC") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter the "Customer").
The GTC express the entirety of the parties' obligations. The Customer is deemed to accept them unreservedly, failing which his order will not be validated.
Exceptionally, the provisions of the GTC may be waived insofar as such waivers have been agreed in writing. Such deviations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTC.
LDP Partner SRL reserves the right to amend the GTC from time to time. The modifications will be applicable as soon as they are put online for any purchase made after that date.
Article 2. On-line store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.
The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Vendor shall not be held liable for them.
The products and services are offered within the limit of their availability.
Prices and taxes are specified in the online store.
Article 3. Prices
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability at that date.
Prices are indicated in euros and do not take into account possible delivery charges, which are indicated and invoiced in addition before the validation of the order by the Customer.
The total amount of the order (including VAT taxes, where applicable) and, where applicable, delivery charges are indicated before the final validation of the order form.
Any possible customs or other import duty surcharges are not included in the prices indicated and will be exclusively at the Customer's expense. The Customer is solely responsible for compliance with the laws and regulations of his country with regard to the importation of the Vendor's products. The Seller shall not be liable for delays, loss of products, financial loss or any other damage suffered by the Customer due to the laws and regulations of its own country.
Article 4. Online Ordering
The Customer has the possibility to fill out an order form online, by means of an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
For his order to be validated, the Customer will have to accept the present GTC by clicking on the indicated place.
The Customer will have to provide a valid e-mail address, his billing information and, if applicable, a valid delivery address. Any exchange with the Seller may take place using this e-mail address.
In addition, the Customer will have to choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address or any other problem on the Customer's account until the problem is resolved.
Article 5. Confirmation and payment of the order
The seller remains the owner of the items ordered until receipt of full payment of the order.
The Customer makes payment at the time of final validation of the order using the chosen payment method. This validation takes the place of a signature.
The Customer guarantees the Vendor that he has the necessary authorizations to use this method of payment and recognizes that the information given to this effect is proof of his consent to the sale and to the payment of the sums due for the order.
The Seller has implemented a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by requesting identification data from the Customer.
In the event of refusal to authorize payment by credit card by accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not paid in whole or in part for a previous order or with whom a payment dispute is in progress.
Upon receipt of the validation of the purchase accompanied by payment, the Seller shall send the Customer an invoice, as well as an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a service or product, the Seller shall inform the Customer by e-mail as soon as possible in order to replace it or to cancel the order for this product and possibly refund the related price, the remainder of the order remaining firm and final.
Article 6. Proof
Communications, orders and payments between the Customer and the Seller may be proven by means of computerized records, kept in the Seller's computer systems under reasonable conditions of security. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Article 7. Delivery
Delivery is only made after confirmation of payment by the Seller's bank.
The products are delivered to the address indicated by the Customer on the online form on the order form. Additional costs resulting from incomplete or incorrect information provided by the Customer will be invoiced to him. For reasons of availability, an order may be subject to several successive deliveries to the Customer.
The delivery takes place, according to the method chosen by the Customer, within the following time limits:
- Standard delivery: 3 to 8 working days.
- Products on order: according to the deadline agreed upon at the time of the order
Delivery times are given as an indication. No compensation can be claimed from the Seller or the carrier in case of late delivery. If delivery times exceed thirty days from the order, the sales contract may be terminated and the Customer reimbursed. This possibility is not applicable to products that are expressly ordered to order or made to measure.
a. Verification of the order
Upon receipt of the products, the customer or recipient checks the good condition of the delivered product or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or recipient must make the necessary reservations to the carrier at the time of delivery and immediately notify the Seller.
The verification is considered to have been carried out once the Customer or a person authorized by him has received the order without making any reservations.
Any reservation not made in accordance with the rules defined above and within the time limits specified shall not be taken into account and shall release the Seller from any liability vis-à-vis the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the indications on the order form, the Customer must inform the Seller within three working days following the delivery date. The notification must be explicitly made in writing.
Any complaint not made within the time limit shall not be taken into account and shall release the Seller from any liability to the Customer.
c. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following terms and conditions:
- Product returned by mail within 15 days from the date of delivery of the order, to the following address: ELEPHANTOM DESIGN - LDP Partner SRL - Rue de Branchon 171, 5380 Forville - Belgium
Any product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging. The return costs shall be borne by the Customer.
Prior to shipment, the Customer must use the contact form to communicate his intention to return/exchange.
Any claim and any return not made in accordance with the rules defined above and within the time limits specified shall not be taken into account and shall release the Vendor from any liability vis-à-vis the Customer.
Article 8. Guarantees
The seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
a. Guarantee of conformity
If the customer is a consumer, he has a period of two years from delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased is a second-hand good, the warranty period is one year.
The lack of conformity must be notified in writing to the seller as soon as possible and in any event no later than two months after its discovery.
This warranty is not applicable if the lack of conformity is the result of incorrect use of the product, lack of proper maintenance, normal wear and tear, external causes or any other use of the product that does not comply with the seller's operating instructions. The products sold by Elephantom are handmade: eventual minor imperfections of the product will not be considered as a lack of conformity.
Article 9. Right of retractation
If the customer is a consumer, he may exercise his statutory right of withdrawal within 14 working days after delivery of the goods or conclusion of the service contract.
After having communicated his decision to withdraw, the Customer then has 14 days to return or restitute the goods.
Any withdrawal not made in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Seller from any liability vis-à-vis the Customer.
The Customer may request reimbursement of the returned product, without penalty, except for the return costs, which remain at its expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original state, in particular with complete, intact packaging and in saleable condition.
The Seller shall reimburse the Customer for all sums paid, including delivery costs, within 14 days following the recovery of the goods in perfect condition or the transmission of proof of the dispatch of these goods.
If the order concerns, in whole or in part, digital content not provided on a physical medium, the Customer hereby agrees to lose, for this digital content, his right of withdrawal in order to be delivered as soon as possible.
If the order concerns, in whole or in part, the provision of services, the Customer hereby waives, for these services, his right of withdrawal in order to be provided as soon as possible after the conclusion of the contract.
Model of withdrawal form to be printed
To the attention of :
Elephantom Design - LDP Partner SRL
Rue de Branchon 171
5380 Forville - Belgium
Company number (BCE/VAT) : BE 0648.985.428
E-mail : email@example.com
Phone : +32 (0)474 68 92 38
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the good (*)/for the provision of the service (*) hereunder:
Ordered on (*)/received on (*): __________
Name of the consumer(s): __________
Address of the consumer(s): __________
Signature of consumer(s) (only if this form is notified on paper)
(*) Strike out the useless mention
Article 10. Data protection
The seller will keep in its computer systems and under reasonable conditions of security a proof of the transaction including the purchase order and the invoice.
Article 11. Force majeure
If the seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond its control, this is a case of force majeure.
In case of force majeure, the Seller is entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.
If the force majeure lasts for more than 90 days without interruption, each of the parties to the contract has the right to terminate the contract unilaterally, by registered letter addressed to the other party. The services already performed by the Seller shall nevertheless be invoiced proportionally to the Customer.
Article 12. Independence of the clauses
The illegality or nullity of all or part of any provision of these Terms and Conditions shall not affect the validity and enforceability of the remaining provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
Article 13. Applicable law and jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the seller's registered office.