General Terms and Conditions for Contracts with Consumers
Application and opposability of general conditions of sale
1. General
1.1 These general terms and conditions govern the online sales concluded via the website www.diezebyte.com between the natural person of Terrana Emmanuelle (DIEZE by TE), whose head office is Rue Chiff d'Or 4, 4420 Tilleur Belgium, registered under the VAT number BE 0521.912.557 hereinafter referred to as "Terrana Emmanuelle") and its private customers ("The consumer").
1.2 Online sales concluded via the Website are exclusively governed by these terms and conditions. These are available on the Website. They take precedence over any other general conditions of purchase or sale.
1.3 Terrana Emmanuelle (DIEZE by TE) can be contacted about the fulfillment of this contract by the following means and contact details: • Telephone: +32 (0) 495 90 18 10 • E-mail: info @ diezebyte.com • Contact form on the website www.diezebyte.com
2. Contract Formation
2.1 The contract is formed by the reception by Terrana Emmanuelle (DIEZE by TE) of an order issued and validated by the consumer at the end of the order process made available by the Website, provided that the order has been confirmed by Terrana Emmanuelle (DIEZE by TE) to the consumer by sending an order confirmation by e-mail to the e-mail address entered by the consumer during the ordering process. The ordering process contains the following technical steps: Registration on the website, confirmation of the basket, choice of delivery method and method of payment, confirmation of the order and payment.
2.2 Terrana Emmanuelle (DIEZE BY TE) is as far as necessary authorized to suspend the execution of the contract until the effective reception of the complete payment of the order by the consumer.
2.3 Terrana Emmanuelle (DIEZE by TE) reserves the right to cancel an order if the products that are subject to it are no longer available or for other serious and legitimate reasons that will be indicated to the consumer. In this case, Terrana Emmanuelle (DIEZE BY TE) will take the initiative to inform the consumer with the details provided during the order and to reimburse the consumer for all the sums he has paid.
2.4 The essential characteristics of the products which are the subject of the order are described on the Website at the time of the order. The photographs are only indicative; in addition, the products actually delivered may have minor differences from the description on the Website or the foreseeable use to which the consumer intends it. Finally, the consumer acknowledges that Terrana Emmanuelle (DIEZE by TE) can not be held responsible in the event of non-compliance of the products ordered with an abnormal or unpredictable use to which the consumer would destine them.
3. Running and shipping orders
3.1 Terrana Emmanuelle (DIEZE by TE) undertakes to deliver the products ordered within a maximum period of eight days, provided Terrana Emmanuelle (DIEZE by TE) has registered the payment of the order. If, because of the state of the stocks, the products ordered could not be delivered within this time, Terrana Emmanuelle (DIEZE by TE) will contact the consumer; the parties will agree on another reasonable delivery period. The ordered products will be delivered to the place of delivery agreed with the consumer when ordering, ie by mailing to the address specified by the customer.
3.2 If Terrana Emmanuelle (DIEZE by TE) has not delivered the order within the deadline mentioned in the previous paragraph, the consumer has the right to notify Terrana Emmanuelle (DIEZE by TE) that he has canceled his order. In the event of a valid cancellation by the consumer, NAILISA will reimburse the consumer for all sums paid by the consumer as payment for the canceled order, at the latest 30 days after receipt of the cancellation notice.
3.3 Terrana Emmanuelle (DIEZE by TE) no longer bears the risks associated with the delivery of products ordered once the products have left the warehouse Terrana Emmanuelle (DIEZE by TE). The consumer is obliged to check that the order is complete. No consumer complaint under this head will be admissible if it is not reported within 24 hours of delivery.
4. Right of withdrawal
4.1 The consumer has the right to notify Terrana Emmanuelle (DIEZE by TE) that he renounces the purchase, without penalty and without any reason, within 14 calendar days from the day after the day of delivery ordered products.
4.2 OPTION: By exception, the consumer does not have the right to cancel the purchase if the order relates to: • Products made to measure, or customized according to the instructions of the consumer; • Newspapers, magazines or beauty magazines; • Products that by their nature can not be reshipped or are likely to deteriorate or expire quickly;
4.3 The notification by the consumer of his wish to renounce the purchase must be communicated in writing, according to the terms and conditions communicated by Terrana Emmanuelle (DIEZE by TE) on the Website. [insert link]
4.4 The consumer who exercises his right of withdrawal undertakes to comply with the instructions of Terrana Emmanuelle (DIEZE by TE) relating to the terms of forwarding purchases that he waives. The consumer bears the costs and risks of the shipment, unless he proves that the products delivered were not in conformity with his order; in this case, Terrana Emmanuelle (DIEZE by TE) will not support the costs of forwarding. If exercised by the consumer of his right of withdrawal, refund to the consumer the price paid for the products in question no later than thirty days after the receipt by Terrana Emmanuelle (DIEZE by TE) products shipped by the consumer. / p>
4.5 Terrana Emmanuelle (DIEZE by TE) reserves the right to refuse the return of the products and / or the refund of the price if the products redirected by the consumer have been damaged or opened (liquids, gels, semi-permanent varnishes, etc.). If the returned products have undergone a minor deterioration, Terrana Emmanuelle (DIEZE by TE) will retain part of the price in proportion to the deterioration suffered.
5. Prices and payments
5.1 The price of the products ordered is the price displayed on the Website at the date of the order. The prices displayed include VAT, as well as any delivery costs, including any costs related to the preparation of the parcel.
5.2 The consumer is obliged to pay the price of the products ordered at the time of the order on the Website. Payments can be made by credit card or by any electronic means of payment offered on the Website when ordering. Terrana Emmanuelle (DIEZE by TE) reserves the right not to accept certain electronic means of payment.
5.3 Online payment transactions are carried out by the services of Terrana Emmanuelle's partner (DIEZE by TE), that is to say INGENICO (OGONE). The online payment terms are integrated into the Website automatically; however, the consumer is informed that Terrana Emmanuelle (DIEZE by TE) does not intervene in any way in these online payment transactions, which are exclusively under the control of Terrana Emmanuelle's partner (DIEZE by TE), Terrana Emmanuelle (DIEZE by TE) declines any responsibility in the event of unavailability or defective of the online payment service of its partner. Terrana Emmanuelle (DIEZE by TE) also provides the consumer, through the electronic payment module, a refund process, the use of which is strictly limited to the return of the selling price in case of exercise the consumer of the right of withdrawal in application and within the limits of article 4 of these general conditions.
6. Warranties
6.1 Terrana Emmanuelle (DIEZE by TE) guarantees that products ordered by the consumer comply with normal and foreseeable use. The consumer undertakes to check during delivery that the entire order has been delivered to him; if not, he undertakes to inform Terrana Emmanuelle (DIEZE by TE) within 24 hours of receiving the order.
6.2 The guarantee of conformity of the delivered products is governed by articles 1649bis and following of the Civil Code, to the exclusion of any other commercial guarantee. However, this does not affect any commercial guarantees offered to the consumer by the manufacturers of certain products.
6.3 The duration of the conformity guarantee is two years from the delivery of the product. If the lack of conformity appears more than 6 months after delivery of the goods, the consumer is required to prove that this defect existed at the time of delivery. The consumer must report to Terrana Emmanuelle (DIEZE by TE) any lack of conformity immediately and at the latest two months after the appearance of this defect, under penalty of forfeiture of the guarantee of conformity. The proof of the moment of the appearance of the lack of conformity falls to the consumer.
6.4 In the event of non-compliance, Terrana Emmanuelle (DIEZE by TE) will, at its option, repair or replace non-compliant products. If replacement by an identical product is impossible or disproportionate, the defective product will be replaced by a functionally equivalent product. If both replacement and repair of defective products are impossible or impose disproportionate costs or inconvenience on Terrana Emmanuelle (DIEZE by TE), Terrana Emmanuelle (DIEZE by TE) will have the possibility to refund to the consumer the price of the products concerned (under deduction of compensation from the charge of
use that the consumer has had good since its delivery, to the exclusion of any other compensation or compensation).
6.5 The consumer will notify the defects of conformities and proceed to the return of the defective products in accordance with the instructions communicated by Terrana Emmanuelle (DIEZE by TE) .The expenses of return are taken care by Terrana Emmanuelle (DIEZE by TE), so far that said instructions have been respected by the consumer.
6.6 If it appears that the products returned by the consumer are not defective, that the alleged defects did not exist at the time of delivery of the products or that the alleged defects were caused by the fact of the consumer, by normal wear, by lack of maintenance or precaution or by a use contrary to the instructions of use or inappropriate, Terrana Emmanuelle (DIEZE by TE) will be authorized to: • Either invite the consumer to recover his goods in their state current. In this case, the consumer will proceed with the recovery at his expense. • Either propose to the consumer to repair the defective goods at the consumer's expense. In this case, Terrana Emmanuelle (DIEZE by TE) will send the consumer an estimate for the repair and proceed with the restoration after acceptance of the quote by the consumer. Terrana Emmanuelle (DIEZE by TE) may require the consumer to pay in advance for all or part of the repair work.
7. Limitation of liability
7.1 In the event of culpable failure on its part, Terrana Emmanuelle's liability (DIEZE by TE) is limited to direct and foreseeable damages, provided that these are proven by the consumer. All other liability of Terrana Emmanuelle (DIEZE by TE) is excluded. In particular, Terrana Emmanuelle (DIEZE by TE) will not be liable for indirect damages such as economic and financial losses, expected loss of profits or expected savings, loss of customers, image, data, chances .
7.2 In any case, the total liability of Terrana Emmanuelle (DIEZE by TE) under this contract will be limited to an amount equal to the amount of the order of the consumer
8. Force majeure
8.1 Terrana Emmanuelle (DIEZE by TE) is not obliged to fulfill its obligations in case of force majeure, which includes, for example, natural disasters, acts and orders of the public authorities, acts terrorism or war, the unavailability of power grids or telecommunication services, the failure of a supplier or partner, accidents and diseases, as well as any other event that was not reasonably foreseeable and surmountable for Terrana Emmanuelle ( DIEZE by TE). In case of force majeure, the obligations of Terrana Emmanuelle (DIEZE by TE) are suspended until the disappearance of the circumstances preventing their execution. If the state of force majeure lasts more than 30 days, each party has the right to terminate the contract by warning the other party. In this case, the consumer will be reimbursed for the payments made, excluding any other compensation or compensation.
8.2 Terrana Emmanuelle (DIEZE by TE) will not be responsible in case of allergy or skin reaction, the customer must test the product on his client or himself before using the latter.
9. Use of the Website
The consumer who places an order agrees to comply with the terms and conditions of use of the Website, published here www.diezebyte.com
10. Processing of personal data
When registering the consumer on the website and / or when placing his order, Terrana Emmanuelle (DIEZE by TE) will collect and process personal data concerning him. This treatment is governed by the Privacy Policy published here [insert link] on the Website. The consumer declares to have read and accept the content without reservation.
11. General provisions
11.1 Availability and update of the general conditions. The general conditions of sale are available for download at the web address www.diezebyte.com Terrana Emmanuelle (DIEZE by TE) reserves the right to modify them unilaterally in order to take into account, in particular, any legislative or regulatory changes. own needs; in this case, the new general terms and conditions will be applicable to all orders made by the consumer after these new general conditions have been put online.
11.2 Non-waiver. The fact for Terrana Emmanuelle (DIEZE by TE) or the consumer not to invoke a breach of any of the obligations can not be interpreted as a waiver of the obligation in question.
11.3 Partial invalidity. If one of the clauses of the general conditions of sale is declared null according to a law, a regulation or following a final decision of a competent jurisdiction, it will be considered unwritten; the other clauses will remain valid and will retain all their binding force and scope. Terrana Emmanuelle (DIEZE by TE) and the consumer may, where appropriate by mutual agreement, agree to replace the invalidated provision (s) by amendment.
11.4 Titles. In case of difficulties of interpretation between any of the titles and any of the clauses, clauses prevail over the titles.
11.5 Capacity - powers. Terrana Emmanuelle (DIEZE by TE) and the consumer guarantee to have the full capacity to conclude the contract and be bound by all its provisions.
11.6 Must apply - competent jurisdiction. The general conditions of sale are governed by Belgian law. All disputes relating to the formation, performance or interpretation of the Contract shall be submitted to the exclusive jurisdiction of the Commercial Court of Liège. The consumer waives the right to challenge the applicable law as well as the material and territorial jurisdiction of the designated designated judge.
12. General conditions training
Any registration for training will be validated only after receipt of a deposit of 50%. after receipt of this deposit there will be no right of withdrawal, the deposit will not be refundable in case of cancellation of the student due to illness, medical certificate, death, accident, visit to a doctor , hospitalization, change of work schedule, locomotion problem, strike, sick or hospitalized child or other. In the event of cancellation by the student, the training can not be postponed until the student's request. The training may be canceled by DIEZE BY TE in case of absence of the trainer or bad weather and a later date will be proposed. The payments for training given outside our training center are in no way refundable, the dates can not be postponed and the student and will have to pay the balance of the training.
The student commits himself not to take a model being in the field of the given course, if this one is in the field after verification, it will have to pay 50% of the amount of the formation for having received all the information during training.