Article 1: Identification of the seller
The retail site ortensia.be is an e-commerce site accessible via the internet and open to all internet users. It is edited by Ingrid De Houwer, whose offices are at 57, rue Nestor de Tiere, 1030 Brussels (Belgium), and that is registered with the Crossroads Bank for Enterprises under the number BE 0849.517.288
Article 2: Object
The object of these general terms of sale is to specify the rights and obligations of the parties arising from the sale of products on the site.
Article 3: Essential characteristics of the products offered for sale
The essential characteristics of each product are described in the corresponding pages of the site's electronic catalogue. The presentation pictures of the products published on the site are not contractual and not contractually binding for the site.
The products covered by these general terms of sale and our delivery service are available for the following countries: Belgium, Luxembourg, the Netherlands, Germany, Great Britain, Ireland, Metropolitan France, Italy and Spain.
Article 4: Detailed description of the price of goodsSubject to the provisions of article 5, the prices specified at the end of the ordering process are the total prices, inclusive of VAT.
Article 5: VAT payment conditionsUnless stipulated otherwise, the prices shown on the site include Belgian VAT.
Article 6: Delivery charges
Products are delivered to the following countries: Belgium, Luxembourg, the Netherlands, Germany, Great Britain, Ireland, Metropolitan France, Italy and Spain.
Delivery is handled by La Poste for Belgium and by UPS for the other countries.
Delivery is free of charge on all purchases for an amount in excess of 250 euros. In all other cases, delivery charges are invoiced to the buyer and their amount will depend on the delivery costs valid at that time.
Packages are insured by us throughout transport, until the buyer takes possession of them.
In order to ensure that they are fully secure during transport and reach their destination in perfect condition, all products are carefully packaged and protected in accordance with applicable standards.
Article 7: Conclusion of the online contract
Users can view the different products that are offered for sale on the site.
Users can freely browse the different pages of the site, without any obligation to place an order.
If the user wishes to place an order, he/she will pick out the different products which are of interest to him/her, and he/she will confirm this interest by going to the part "I command" and by sending an e-mail.
The website will send a confirmation to the email address mentioned by the user, with a summary of the products ordered and an invitation to pay.
The website will honour the received orders as long as they are in stock. The website can refuse to honour an order if there is an error in the indicated price, if the payment is not received within the payment term, or if there have been too many returns or lost articles with the user.
Article 8: Cancellation period
In accordance with Belgian law, all buyers residing in Belgium are entitled to inform the site of their intention to cancel their purchase, within not more than 14 calendar days after the order is placed. Buyers exercising this option must include a copy of their order or invoice in the returned package. The site will refund the price of the product within 30 days, without prejudice to the application of the provisions of article 9.
This provision shall apply for all buyers enjoying the identical protection in their country of residence.
If a Buyer exercises this right, the provisions of article 9 shall apply.
Article 9: Returns procedure
The returns provided for in article 8 above will only be accepted and refunded or exchanged if the product is identical to the one dispatched to the buyer and has not been damaged, modified or altered in any way.
Products will only be exchanged or refunded that are returned in their original packaging and provided that they have neither been washed nor worn. Products that are damaged, soiled, or show signs of use will be returned to their sender.
If a buyer exercises the right of cancellation in accordance with article 8, the first return shall be free of charge provided that it is returned via the same carrier that delivered it. From the second return made by the same buyer, the costs of return shall be borne by the Buyer.
The address for returns is:
57, rue Nestor de Tiere
1030 Brussels (Belgium)
Returns are made at the buyer's own risk and peril if the buyer uses a carrier other than the one recommended by the site (La Poste et UPS).
Article 10: Delivery of goods
The site will make every reasonable effort to deliver products promptly. Unless agreed otherwise by the parties, delivery will be made no later than 30 days from the day that the amount, mentioned on the invitation to pay, is fully paid.
Products are delivered to the delivery address indicated by the buyer at the time the order is placed. The carrier will only deliver a package to the buyer against presentation of an official ID document and the signature by the buyer of the delivery document by way of acceptance.
The buyer must check the package and the product at the time of delivery. If, at the time of delivery, the buyer observes any visible damage, this must be noted immediately on the delivery document prior to signing by way of acceptance.
Please send us a mail explaining in what condition your package arrived.
If, due to extraordinary circumstances, the product has not been received within one month of the date when the order was placed, the buyer should inform the seller immediately by email (customer(at)ortensia.be).
Article 11: Ownership - Risks
Ownership of the product will only be transferred to the buyer after the latter has paid the full amount of the purchase price, irrespective of the date of delivery of the said product. On the other hand, the risks of loss and damage will be transferred to the buyer immediately upon delivery and receipt of the said product by the buyer. The date indicated on the delivery document shall be valid proof of the date of delivery.
Article 12: Guarantees
Each Product is carefully inspected before dispatch. Buyers must also inspect Products carefully at the time of delivery. Any claims must be submitted in accordance with the provisions of article 9.
The site endeavours to describe and present products as accurately as possible. However, it is impossible to faithfully reproduce the actual colours of products on a computer screen. The rendering of colours also depends on the computer equipment used by the customer. Accordingly, the site shall incur no liability for the reliability of the colours. The documents associated with the products are therefore provided solely for informational purposes and are not contractually binding. The site shall accept no claims nor give any guarantee in respect of possible customer dissatisfaction over colour and descriptions.
The site shall in no event be held liable for any delay in the execution of an order or for the non-execution of an order if the delay or non-execution is due to a technical cause or another cause beyond its control. In such a case, the site shall be entitled to postpone dispatch and delivery as long as is reasonably necessary.
No claim may be sent and no guarantee will be given beyond the period stipulated in article 9.
The abovementioned guarantees are limited in scope and replace all other guarantees, whether explicit or implicit.
Article 13: Proof
The computer records stored in the site's computer systems under reasonable secure conditions will be considered as proof of communications, orders and payments between the parties. Order forms and invoices are stored using a reliable and durable medium that can be produced as proof.
Article 14: Acceptance of the general terms and conditions
These general terms and conditions apply to all offers, sales, purchases and all other transactions whatsoever between the parties. Consequently, by calling upon and/or using the services of merdunord.com, placing an order and/or concluding any contract, users irrevocably acknowledge that they have received a copy of these general terms and conditions, which are enforceable against them, and agree to be bound by them, to the exclusion of any other terms and conditions. The user's general or special terms and conditions shall never apply unless expressly agreed beforehand in writing by ortensia.be.
If they so wish, Users may download, print and keep a copy of them.
These general terms and conditions may change in the future. By continuing to use and visit the site ortensia.be, users tacitly accept any such changes. It is their responsibility to check regularly whether the general terms and conditions have been modified and to apprise themselves of new general terms and conditions, if applicable.
The failure by users to consult the general terms and conditions of ortensia.be in their native language shall not exempt them in any way from the application of the said general terms and conditions, which are available in three languages (French/Dutch/English).
Users wishing to make a purchase on the site, declare that they have full legal capacity to do so.
Article 15: Governing law and jurisdiction
These general terms and conditions of sale are governed by Belgian law. The parties agree that any dispute arising in connection with these general terms and conditions shall be subject to the exclusive jurisdiction of the Courts of Brussels.Top