Article 1 - These general terms and conditions of sale exclusively govern all contractual relations between Ecomail SRL (hereinafter referred to as the "company"), VAT number: 0450.105.635 and the client. The general or special conditions of the client shall not be binding on the company. The conclusion of any contract or order (hereinafter referred to as the "contract") between the parties, either directly or by electronic means, automatically entails acceptance of these general conditions by the client. Only the special conditions indicated in the order or agreed in writing between the parties may derogate from them.
Purpose of the site www.bioflore.be
Article 2 - The commercial site www.bioflore.be (hereinafter referred to as the "Site") is an e-commerce site on the Internet published by the company and open to all users of this network and customers. All products and articles offered on the Site are referred to as "goods" in these general conditions.
Legal capacity of the customer
Article 3 - The customer who wishes to purchase on the Site declares that he/she has full legal capacity to conclude a purchase contract on the Site, and in the event that the purchase is made by a commercial company, the Internet user declares that he/she has the authority to bind it.
Images, information and other contents of the Site
Article 4 - The images, texts, graphics, information and characteristics illustrating the goods and any other element appearing on the Site are protected by copyright and, in general, by the principles of intellectual property law. They may not be copied, modified, placed on another site or published in any form without the prior written consent of the company. They have no contractual value and are given purely as an indication to help the customer make his choice. Consequently, the company cannot be held responsible for any error or omission concerning them.
Article 5 - In no way does the information on the Site constitute a recommendation for preventive or curative treatment, a prescription or a diagnosis, nor should it be considered as such. Only a doctor or a health professional is able to adequately assess the state of health of the client or the Internet user. Consequently, and in accordance with Article 28 below, the company also assumes no responsibility for the content or goods and services that may be offered, nor for their compliance with legal and regulatory provisions, nor for other third-party sites to which a link is offered on the Site.
Article 6 - The company cannot, moreover, be held responsible for any damage caused to the customer's computer by the introduction of computer viruses propagating through the Internet network, damage caused by misuse of the Site, unauthorised reproduction and use of any element of the Site, damage caused by the interception of data due to computer hacking.
Article 7 - Unless otherwise agreed in the order, the goods and services are manufactured or performed in accordance with the norms and standards in force in Belgium and the European Union and the precise specifications set out in the order.
Order and order confirmation
Article 8 - Upon receipt of each order, the company will send the customer an order confirmation by e-mail. The sale shall be concluded and binding on the company as soon as full payment has been received by the company and the company has confirmed the order by e-mail. Only the terms of sale and delivery mentioned on the electronic order form and its confirmation, including these general terms and conditions, are binding on the company.
Cancellation of the purchase and return of the goods by the customer
The customer has a period of fourteen working days in which to return the goods ordered, at his own expense, without penalty and without giving any reason. This period starts on the day after the delivery of the order. The goods must be returned to the address given on the contact page of the site and must be in new condition and complete, in their original packaging, with all accessories and, in particular, the user manuals and original documentation in the packaging. The proof of return by post must be validated. If the conditions of the first paragraph are met, the company will reimburse the client in the form of a voucher to be used on a future order, within thirty (30) days from the date of receipt of the parcel by the company (the date of receipt by the company being deemed to be notification to the company of the client's exercise of his right of withdrawal), the sums paid by the client, not including the initial shipping costs, the cost of returning the goods remaining at the client's expense.
The following in particular shall not be taken back
goods damaged or soiled by the customer;
goods that have been opened, used or consumed;
goods whose packaging is not original;
incomplete goods, goods with missing instructions for use, dosage or accessories;
goods damaged by negligence, misuse or repair by third parties or by the customer himself.
Goods returned in this condition will not be refunded but will remain at the disposal of the customer at the company.
Invoicing, prices and payment terms
Article 9 - Payments shall be made in euros by bank transfer or via secure payment on the Internet. Invoices are payable in advance.
Article 10 - The prices appearing on the Site or in the catalogues and prospectuses are only indicative. The company reserves the right to modify its prices at any time. Only the prices shown on the invoices are binding.
Article 11 - Prices are exclusive of transport, transport insurance, packaging, VAT or any other tax, duties and expenses of any kind that are not specifically mentioned in the order.
The delivery costs are indicated in the order confirmation and are added to the total of the goods purchased, unless the transport costs are offered by the company.
Article 12 - Complaints concerning invoices must be received by the company within eight calendar days of the date of receipt of the invoice.
Article 13 - Except where the following provisions are reserved, the goods will be dispatched within the time limits mentioned on the confirmation and delivered by the usual postal services or by carrier.
The deadlines run from the date of receipt of full payment by the company.
Article 14 - The deadlines for the execution of the company's obligations are not strict. They are in fact purely indicative with regard to stock availability, manufacturers' constraints, delays or non-performance by the company's suppliers and subcontractors, holidays and events of force majeure. The company may only be held liable if the delay is significant and attributable exclusively to gross negligence and intent on its part.
In addition, the company declines all responsibility in the event of excessive delivery time due to the postal services or means of transport, as well as in the event of loss, deterioration or theft of the goods ordered during transport or a strike by the post office or the carrier.
In addition, the company cannot be blamed for any delivery problem caused by an error in the encoding and transmission by the customer of the data inherent in his order and his details.
The client has no right to refuse the goods or services, to demand compensation or to dissolve the order because of a delay in delivery for which the company is not responsible or because of a delay that is considered reasonable if the company is responsible for it, except in the case of express agreement by the company in view of the circumstances, in which case the company will grant the client a voucher.
Article 15 - If the client is absent when the postman or the carrier passes by the place of delivery and if he does not collect it during the period when the parcel remains at his disposal at the post office or at the carrier's, the costs of re-shipment will have to be paid by the client.
Article 16 - Any modification demanded later by the customer that deviates from the initial agreement will result in a price supplement and may lead to an extension of the delivery or service period.
Out of stock
Article 17 - In the event of unavailability of one of the goods or in the event of a stock shortage, the customer will be informed at the latest when the order is delivered. He will also be invited to order, if he so wishes, similar goods of at least equivalent value. If not, the customer may ask the company for a refund.
Article 18 - As soon as the goods are made available, the client must test or examine them within fourteen (14) calendar days of their availability and raise, in a precise and detailed manner, in writing, all apparent defects and non-conformity of the goods, i.e. all defects that the client detects or is able to detect through a careful and serious inspection. After the fourteen day period, the apparent defects and non-conformity shall be deemed to have been accepted by the customer. The customer may under no circumstances refuse to accept the goods for minor or trivial reasons.
Article 19 - In the event of a complaint by the customer, the customer must describe in detail the problems observed. Unless otherwise agreed between the parties, the customer must send the defective goods that are not in conformity with the order to the company in an appropriate manner at his own expense. The return, exchange, refund or sending of a voucher can only be made for goods returned to the company, still complete, in their original condition (packaging, accessories), and accompanied by a copy of the original purchase invoice that accompanied the goods, if no other modality has been decided by the parties.
Article 20 - The company's liability is strictly limited to taking all appropriate measures that it deems useful or necessary to compensate, correct or repair the defects, within a reasonable time.
Article 21 - For the application of this clause, only manufacturing or design defects for which the company is entirely and exclusively responsible shall be taken into consideration.
Article 22 - In addition, the warranty obligation is suspended if the client does not completely fulfil its own obligations. This suspension does not entail any extension of the warranty period.
Article 23 - Any claim not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the company from any liability towards its client.
Use and consumption of the goods
Article 24 - The customer is aware that the goods may not be used and consumed other than in accordance with the recommendations described on the website. The goods may not be used or consumed beyond their expiry date. The goods must be stored in an environment and at a temperature as specified on or in the box or on the Site. The customer must take care to check on or in the box as well as on the Site what the conservation requirements are for each item purchased.
Article 25 - The purchase, use or consumption of the goods does not in any way exempt the customer from consulting a doctor or a health professional, whatever the symptoms.
Exemption from liability
Article 26 - The company cannot in any way be held responsible for damage of any kind that may result from the improper use or consumption of the goods, or from any modifications to the goods made by the customer or by the manufacturer.
Only the manufacturer of the goods - and not the company - is responsible for the products and for the compliance of the components, ingredients, packaging, dosage, instructions, production methods, tests and marketing methods with the legal and regulatory provisions. These have been determined in the article "Goods" above.
In the event that the contractual liability of the company is nevertheless incurred for any reason whatsoever, the company shall only be liable for direct and foreseeable damage suffered by the client and caused exclusively by its gross negligence or wilful misconduct, excluding any other damage such as, in particular, loss of earnings or profit, loss of expected savings, increase in overheads or other indirect damage or loss. The amount of damages for which the company may be liable shall not exceed 50% of the amount of the order.
Causes of exemption
Article 27 - The following are considered as causes of exoneration if they occur after the conclusion of the order and prevent its execution: labour disputes and all other circumstances such as fire, strike, accident, illness, mobilisation, requisition, embargo, insurrection, destruction of installations or equipment, computer bugs, changes in the computer environment, lack of means of transport, lack of supplies, shortage of stock, delay or non-fulfilment of the obligations of the company's suppliers or subcontractors, restrictions on the use of energy when these other circumstances are beyond the control of the parties. The party invoking the above-mentioned circumstances must notify the other party in writing without delay of their occurrence as well as of their cessation. The occurrence of one of these causes shall release both the company and the client from liability.
The party in default in such circumstances shall notify the other party as soon as possible in writing. The obligations of the parties whose execution has become impossible due to force majeure may be temporarily suspended or renegotiated. If the force majeure lasts for more than 1 month, the order shall be automatically terminated or cancelled, without compensation, unless the parties agree otherwise.
Protection of privacy
Article 28 - Information of a private nature is only used by the company's internal services to process the customer's order and to reinforce and personalise communication, in particular through newsletters or e-mails that the customer expressly agrees to receive. The customer's data are kept by the company and are accessible to the customer who has the right to demand any modification, rectification or deletion. In accordance with the law, the processing of personal information relating to customers has been declared to the Belgian Commission for the Protection of Privacy. The company undertakes never to communicate the details of its customers to a third party, except to a purchaser of the business.
Article 29 - The company or its own suppliers is/are and remains the sole and exclusive owner(s) of the intellectual rights to the recipes, processes, know-how developed or used for the goods, as well as any brand, trade name, logo, domain name, etc. used on the Site.
Applicable law and competent jurisdiction Legal notice
Article 30 - The order or contract is governed by Belgian law. The French version of our general conditions prevails over any translation, even if it is included on our site.
Article 31 - Any dispute concerning the execution and/or interpretation of the order shall be submitted to the courts of Brussels in Belgium, which shall have sole jurisdiction.