General terms and conditions for the site and online orders

Article 1 - Definitions

Hereinafter, the following terms shall mean:

• 'Website': the website https://www.bioflore.be and all its pages.
• “Products”: all products (tangible) and services (intangible) that can be purchased or subscribed to on the website.
• 'Publisher' / ‘Seller’: Ecomail SRL, responsible for the publication and content of the website, as set out in the website’s legal notice.
• “User”: The internet user visiting and using the website.
• “Customer”: The internet user making a purchase of a product or service on the website.
• ‘Consumer’: a user who places an order on the website for non-business purposes. Any customer acting as a legal entity, or any individual who provides a VAT number when placing an order, is automatically considered to be a business customer and is therefore not a ‘consumer’.

Article 2 – Acceptance of the general terms and conditions of online sales

The purchase of a good or service, or the creation of a members’ area, implies the User’s acceptance of these terms and conditions in their entirety, and constitutes an acknowledgement that they have read and fully understood them.

For consumers, this acceptance may, for example, consist of ticking the box corresponding to the statement accepting these terms and conditions. Ticking this box shall be deemed to have the same legal effect as a handwritten signature by the User.

For business customers, the completion of any order, whether online or directly, automatically entails the customer’s acceptance of these general terms and conditions. Any terms and conditions put forward by the customer shall not be enforceable. Only the specific terms and conditions set out in the order or agreed in writing between the parties may derogate from these general terms and conditions.

Acceptance of these general terms and conditions presupposes that users possess the necessary legal capacity to do so. If the user is a minor or lacks such legal capacity, they declare that they have the authorisation of a guardian, a trustee or their legal representative. If the user is making a purchase on behalf of a legal entity, they declare that they are authorised to bind that legal entity.

Article 3 – Validity of computerised records and email correspondence – Archiving

The User acknowledges the evidential value of the automatic recording systems operated by the publisher of this website (in particular the computerised records of communications, orders, payments and transactions between the parties) and, unless they can provide evidence to the contrary, waives the right to challenge them in the event of a dispute.

Correspondence between the email address provided by the User and the one set out above shall be deemed to constitute reliable written evidence, unless proven otherwise.

The Seller shall archive purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the legal provisions in force in Belgium.

Article 4 – Purpose of the website – Age, geographical and language restrictions

This website offers physical goods and services (workshops, training courses) for sale online.

The online sales service on this website is limited to the European Union, excluding overseas territories. This service is available only in French, Dutch and English.

Article 5 – Exemption from and limitation of liability

5.1. Exemption from the publisher’s liability regarding the use of the website

The website publisher shall not be held liable for any inconvenience or damage resulting from the use of the Internet, such as loss of data, unauthorised access, computer viruses, disruption to the website service, or any other such issues.

Should it be impossible to access the website due to technical problems or issues of any kind, the user shall not be entitled to claim damages or seek any compensation.

The unavailability of one or more products, even if prolonged and for an indefinite period, shall not constitute a loss or damage to the User and shall in no way give rise to the award of damages by the website or its publisher.

The user expressly acknowledges that they use the website at their own risk and under their sole responsibility. The website provides the user with information for guidance only, and such information may contain imperfections, errors, omissions, inaccuracies and other ambiguities. Under no circumstances does this information constitute personalised advice or any other guidance to be followed. In any event, the Publisher shall under no circumstances be held liable for:

• for any direct or indirect damage, including, in particular, loss of profits, loss of business, loss of customers or loss of data, which may result, amongst other things, from the use of the website or, conversely, from the inability to use it;
• any malfunction, unavailability of access, misuse or incorrect configuration of the user’s computer, or the user’s use of an obscure web browser;
• the content of advertisements and other links or external sources accessible to the user via the website.

The hyperlinks on this website may lead to other websites, and the publisher of this website cannot be held liable if the content of those websites contravenes the legislation in force. Similarly, the publisher of this website cannot be held liable if a user suffers any loss or damage as a result of visiting one of those websites.

5.2.  Exemption from the publisher’s liability in relation to the sales process

The Seller, particularly in the context of online sales, is generally bound only by an obligation of means. Under no circumstances shall the Seller’s liability under these general terms and conditions exceed an amount equal to the sums paid or payable in connection with the transaction giving rise to such liability, regardless of the cause or nature of the claim in question.

The Seller shall not be held liable for any failure to perform the contract entered into, where such failure is due to the occurrence of an event of force majeure (e.g. unforeseen damage to equipment, fire, flooding or other damage to production facilities and equipment, disruption to energy supplies, and, generally speaking, any unforeseen circumstances affecting the personnel, resources and equipment required by the Seller to fulfil its obligations and which are such as to render the performance of the contract impossible or simply more onerous).

Under no circumstances does the information on the Website constitute a recommendation for preventive or curative treatment, a prescription or a diagnosis, nor should it be regarded as such. Only a doctor or healthcare professional is able to properly assess the state of health of the client or website user. Consequently, and in accordance with Article 28 below, the company also accepts no liability for the content, goods or services that may be offered on the Site, nor for their compliance with legal and regulatory provisions, nor for other third-party websites to which a link is provided on the Site.

With regard to the products purchased, the Seller shall not be liable for any consequential damages arising from this agreement, loss of business, loss of profit, damages or costs that may arise. The choice and purchase of a product are the sole responsibility of the customer. The total or partial inability to use the products, in particular due to incompatibility or an allergic reaction as mentioned, shall not give rise to any compensation, refund or liability on the part of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness or the exercise of the right of withdrawal where applicable, that is to say, if the customer is not a trader and the contract entered into to purchase the goods or services allows for withdrawal, in accordance with the provisions of Book VI of the Economic Law Code.

The products on offer comply with the relevant legislation in force in France, Belgium, Luxembourg and the Netherlands. The Seller shall not be held liable in the event of non-compliance with the legislation of the country in which the product is used. It is the customer’s responsibility, before placing an order, to check with the relevant authorities in the country of use whether the product may be exported or used there.

Article 6 – Characteristics of the products and services offered

The products on offer are those listed in the catalogue published on the website. These products are available whilst stocks last.

As an exact likeness to the physical products cannot be guaranteed, the photographs and images illustrating the products presented on the website, in support of the text, are therefore not contractually binding. The Customer is advised to refer to the descriptions of the product specifications listed on the catalogue pages, which the Seller has endeavoured to describe as accurately as possible. However, the Seller shall not be held liable for any direct or indirect consequences arising from a material error, a typographical error or any other error or unintentional negligence relating to the information published on the website.

Article 7 – Prices and delivery charges

Unless otherwise stated, the prices listed in the catalogue are quoted in euros, inclusive of all taxes (TTC), taking into account the VAT rate applicable on the date of the order.

The website is aimed at customers located within the EU, excluding overseas territories. However, if an order is placed with a request for delivery outside the European Union or to certain non-continental territories and enclaves of EU Member States, the customer is deemed to be the importer. The price will automatically be calculated exclusive of tax on the invoice. Customs duties, other local taxes, import duties or state taxes may be payable by the customer.

For intra-Community B2B deliveries, exemption from Belgian VAT is only possible provided that the supporting documents are submitted in advance.

The Seller reserves the right to amend its prices at any time. However, the price stated on the order form shall be the only price applicable to the customer. Consequently, if prices fall after the order has been placed, the Seller is not obliged to refund the difference; if prices rise, the Seller is obliged to sell at the price set on the day the order was placed.

A delivery charge is applied for the dispatch of the order. Unless otherwise stated on the product page, these charges are calculated according to the price list published on our delivery charges page, depending on the destination. Furthermore, this amount is also shown to the customer in their shopping basket.

In certain cases specified in this price list, these delivery charges are waived for the customer’s first delivery.

Article 8 – Procedures for placing orders and a description of the procurement process

For the purposes of this document, the term ‘Basket’ shall refer to the virtual container holding all the goods or services selected by the website User with a view to making a purchase, having chosen these items.

Key steps in the online purchasing process on the website:

• Once the User is satisfied that they have added all the items they wish to purchase to their basket, they may proceed to confirm their order by accessing their basket via the button provided for this purpose.
• They will then be redirected to a summary page where they can review the number and details of the products ordered, as well as their unit price and any delivery charges.
• If the User wishes to confirm their order, they must log in (using their username and password) to their member area; if they do not yet have an account, they must create one, which requires them to provide certain personal details via an online form – necessary for the order to be processed correctly – and to choose a username and password.
• Once the User has completed this form, they will be asked to provide their billing and delivery details, as well as to choose a payment method and a delivery method.
• The User must then tick the box confirming acceptance of these general terms and conditions of sale and click on the ‘Pay now’ button.
• From that point onwards, the contract will be formed and the User must make payment using one of the payment methods listed in the section of these general terms and conditions relating to payments.
• Shortly afterwards, an email confirming ‘receipt of the online order’ will be sent to the User, setting out the details of the order, its price and any right of withdrawal.
• A second email, an ‘order confirmation’ (containing a link to the page displaying these terms and conditions and a summary of the key contractual terms), will be sent by the Seller as soon as the Seller has been able to verify that the order is valid and that the customer has complied with any terms of the offer.
• The invoice is either attached to this second email or included with the parcel.

The e-commerce site is a retail site, not a wholesale one. The seller does not intend to sell the products on offer in large quantities. Consequently, the seller reserves the right to refuse an order for more than 50 units of the same product.

The Seller may refuse to fulfil an order where it appears that the buyer intends to resell the new products, has been involved in an attempted fraud or an unresolved dispute relating to a previous order, or where the order is placed by a minor without the Seller having received confirmation of consent from the minor’s legal representative. This also applies where an obvious error has crept into the description of a product in the online catalogue or in the price quoted, despite the Seller taking great care to ensure the accuracy of the information. The Seller will then inform the Buyer by email, stating the reason for the refusal.

Article 9 – Payment details

Please note that the regulations stipulate that by clicking on the ‘Pay now’ button, the customer is obliged to pay for the order placed.

The User may make payment by bank transfer, credit card, PayPal, Bancontact debit card, iDEAL, Wero, Apple Pay, or via the bank payment button (Belfius/KBC/CBC) . This list is subject to change. The latest version is displayed at the final stage of the ordering process, just before clicking ‘Pay now’.

No additional charges apply for online payments.

Credit card payments are processed via secure transactions provided by the online payment platform provider Mollie. The Seller has no access to any data relating to the user’s payment methods. Payment is made directly to the payment provider receiving the payment from the Customer.

In the event of payment by bank transfer, the delivery times set out in the clause below shall only commence from the date on which the Seller actually receives payment, the Seller being entitled to provide proof of this by any means.

If payment is not received within 7 working days of the date of the online order, the Seller may automatically cancel the order.

Retention of title: The products and items sold remain the property of the seller until full payment of their price, including interest and late payment compensation.

Any invoice that has not been settled by its due date shall, without the need for formal notice, be subject to interest at the statutory rate plus 2 per cent, as well as late payment compensation of 12 per cent, with a minimum of 25 euros, by way of damages.

The lodging of a complaint in no way releases the buyer from their obligation to pay the undisputed amount due on the due date.

In the event of an outstanding debt, the seller reserves the right to cancel any new order or contract.

Article 10 – Stock levels – Delivery or availability

The Seller endeavours to ensure that any stock shortages are indicated on the product description pages.

However, if the Seller discovers that the ordered product is out of stock, or if the carrier informs the Seller of a delay in dispatch, the Seller will notify the User by email, informing them of the likely waiting time and/or offering an alternative. The sale will be cancelled if the User does not respond to this email within 7 working days.

The Seller reserves the right to make partial deliveries.

A delivery charge is applied for the dispatch of the order. Unless otherwise stated on the product page, this charge is calculated according to the price list published on this website, based on the destination.

The ‘Usual Delivery Time’ is 3 working days for Belgium (1 day for order preparation + 2 days for delivery).

The seller endeavours to meet the maximum delivery time targets of 4 working days for Belgium and 8 working days for countries bordering Belgium.

However, the delivery times mentioned above do not constitute an essential term of the agreement and are provided for guidance only. Delays in relation to the stated delivery times shall therefore not give rise to any penalty, compensation or cancellation of the Purchase.

However, if the Customer is a consumer, they are entitled to delivery no later than 30 days after the purchase is finalised (‘Contractual Deadline’) or, failing that, within an additional period which will be specified in writing to the Customer and which is reasonable in the light of the specific circumstances. If the seller is unable to deliver within this additional period, the customer may cancel the purchase without being required to pay any compensation.

In all cases, delivery within the agreed timeframe can only take place if the buyer is up to date with their obligations to the seller, regardless of the reason.

If the buyer is a consumer, the risk of loss or damage to the goods passes as soon as the buyer or a third party designated by the buyer (other than the carrier) has taken physical possession of the goods. If delivery takes place in a manner other than that suggested by the Seller, the risk is transferred to the Consumer Customer upon delivery by the Seller to the carrier chosen by the customer.

If the buyer is a business, the risk of loss or damage to the goods is transferred to the buyer as soon as the seller has handed the goods over to the carrier.

In the event of a delay in physical delivery:

If the standard delivery time specified for the destination country is exceeded by more than 2 working days, the Customer is asked to inform the Seller so that the Seller may launch an investigation both internally and with the carrier; depending on the information received, the Seller will either provide a new delivery timeframe or arrange a second dispatch at its own expense, in which case the Customer may refuse the second dispatch and request its return should the first dispatch arrive in the meantime.

If this new delivery timeframe is not met or is clearly unreasonable, the Consumer may request in writing, within a maximum of 30 days, that the sale be cancelled.
Beyond this period, no claims will be accepted.

In the event of such a resolution, or in the event of no response to the email notifying the customer of a delay or stock shortage, the consumer will be refunded the amount paid for the undelivered products within a maximum of 14 days, corresponding to the sums they paid when placing their order. This clause shall not apply if the delay is due to force majeure in relation to order preparation or delivery (see the section of these General Terms and Conditions of Sale concerning limitation of liability). In such cases, the customer undertakes not to take legal action against the Seller and waives the right to invoke the cancellation of the sale provided for in this article.

In the event of any discrepancies noted upon physical delivery:

If the customer notices any irregularity regarding the external condition of the parcel (tears, signs of damp, etc., and other forms of damage), they must refuse the parcel in question at the time of delivery; any such irregularity must then be clearly noted by the customer on the delivery note in the form of handwritten reservations, accompanied by the customer’s signature. Any product refused must be returned to the carrier in its entirety and in its original packaging. Should the customer fail to comply with these requirements, the Seller shall not be obliged to honour the customer’s request to exercise their right of refusal.

In the event that the product does not comply with the specifications or the customer notices an obvious fault when opening the parcel:

see the section of these general terms and conditions of sale relating to the warranty

In the event of the Consumer cancelling the contract or withdrawing from it:

See the following clause in the general terms and conditions of sale

If the customer fails to collect the parcel:

If the parcel could not be delivered directly, the carrier will leave a delivery notice, including a reference number.

The Customer will generally have several options for collecting their parcel, depending on the options provided by the carrier (as specified on the delivery notice), such as:

• Request a second delivery of the parcel to the address originally specified, but on a date of the customer’s choosing within a given timeframe.
• Request delivery of the parcel to a new address of the customer’s choice (usually within one or two working days).
• Authorise the carrier to leave the parcel at the customer’s home in the desired location in their absence. The delivery driver can therefore deliver the parcel to the specified location, even if the customer is not at home.
• Collect the parcel from the carrier’s depot, where the customer can collect it themselves (see the notice for the time limit). In this case, there will be no further attempt to deliver the parcel.

If, despite these options, the customer’s parcel is returned to the Seller by the delivery service, the Seller will contact the customer by email upon receipt of the returned parcel to ask how they would like to proceed with their order. If the customer has mistakenly refused the parcel, or was absent at the time of delivery and failed to collect the parcel from the carrier within the specified time limit, they may request that it be sent again, provided they pay the costs for the new delivery in advance. These costs must be paid even for orders where delivery was free at the time of ordering.

Article 11 – Statutory right of withdrawal (for non-business customers only)

Provided that none of the circumstances precluding the exercise of a statutory right of withdrawal apply (see the section ‘Circumstances precluding the exercise of the right of withdrawal’ in these Terms and Conditions), the Consumer has a period of 14 calendar days from the day following the delivery date of their order to return, without having to give a reason, any item that does not suit them and to request, at their discretion, an exchange or a refund (without penalty, except for the return postage costs, which remain the responsibility of the customer).

For services (workshops, training courses, etc.), the Consumer has a period of 14 calendar days from the date of the order. The full provision of this service will be deferred until the end of this period. The Consumer may, however, expressly request to benefit from the service without waiting for the end of this period, which will result in them waiving their right of withdrawal.

For training courses delivered in several parts, which become available as and when the learner progresses through the course, the Consumer may, within the first 14 days, give notice that they do not wish to continue with the contract, even if they have already completed one or more modules (online or face-to-face). In this case, a refund will be issued on a pro rata basis, calculated as the number of modules not yet started divided by the total number of modules ordered. After 14 days from the date of order, no refund, not even a partial one, will be granted, not even for modules that have not been accessed.

This right of withdrawal may be exercised by the consumer via the withdrawal form below or by means of any written communication that reproduces the text of this form, or that unambiguously states the intention to withdraw, the order number and the relevant items purchased.

If the document has been received, the Seller will acknowledge receipt of this form/letter within a maximum of 3 working days and will provide a return reference number.

If the consumer withdraws less than 3 working days before the expiry of the withdrawal period, or if no acknowledgement of receipt is provided, the consumer must ensure that they use a method of sending this notice that guarantees its receipt by the Seller (e.g. registered post).

The customer must return the items without undue delay and, in any event, within a maximum of 14 calendar days from the date of withdrawal.

The consumer shall pay the return costs directly to the carrier of their choice. For products that cannot be returned via standard postal services, they are informed of the rates generally applied by bpost.

Customers are advised to insure the parcel against loss by the carrier and to opt for a parcel tracking service.

Further details regarding returns are set out in the section ‘Returning products’.

Should the right of withdrawal be exercised, the refund will be made via the payment method used at the time of purchase (unless both parties agree on an alternative method). It will be processed within a maximum of 14 calendar days from the date on which the right of withdrawal was exercised. However, if the product has not been received back within the 14-day period, the refund will be deferred until the consumer has provided the Seller with proof that the parcel has been returned.

The customer shall be liable for any depreciation in the value of the goods resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the product. The cost of repairing such damage may be deducted from the refund or, if the refund has already been made before the damage is identified, invoiced separately.

Article 12 – Standard B2C withdrawal form

Consumer customers will find below a standard withdrawal form for an order placed on the website, to be sent to the Seller. It is understood that such withdrawal may only take place in accordance with the withdrawal conditions set out in these general terms and conditions of sale.

For the attention of Bioflore – ECOMAIL SRL, Chaussée d’Ottenbourg 5, 1300 Wavre – Belgium (info@bioflore.be)

Customer’s surname, first name and address:

Date of request:

Subject: Cancellation

Dear Sir or Madam,

I wish to exercise my right of withdrawal as provided for in Article 53 of Book VI of the Economic Law Code, in relation to the contract concerning the order placed with your company via the website www…. for the following item:

Date of order and reference number:

Total amount including VAT:

I trust I can count on your full cooperation,

Yours faithfully,

Date and signature:

Article 13 – Cases where the right of withdrawal does not apply

Only consumer customers (B2C) have a statutory right of withdrawal, in accordance with the applicable law.

Please note that this right does not apply to perishable goods, goods sealed for hygiene reasons, or goods made to the consumer’s specifications or clearly personalised.

The consumer will therefore not be able to exercise the right of withdrawal if they have removed the seal placed on a product to protect it prior to use.

Article 14 – Warranty

BtoC: Statutory warranty for products purchased by a consumer on this website

All items purchased by a consumer on this website are covered by the following statutory guarantees:

- Guarantee for all consumer customers

The Seller is obliged to supply goods in conformity with the contract and to be liable for any lack of conformity existing at the time of delivery. The guarantee of conformity may be invoked if a defect exists on the day the goods are taken into possession, and the Seller shall be liable for any lack of conformity that becomes apparent within two years of that date.

The following, in particular, are excluded from the warranty:

• any direct or indirect damage caused to the device after delivery (e.g. due to dropping, impact, oxidation, damage resulting from an accident, etc.);
• damage resulting from professional or communal use.
• the replacement of parts or accessories that require regular replacement;
• defects caused intentionally or through negligence, by improper handling, poor maintenance, poor storage, or abnormal use or use not in accordance with the manufacturer’s instructions, or the use of unsuitable accessories or consumables;

Products that have been modified, repaired, integrated or added to by the customer or any other person not authorised by the Seller are also excluded from the warranty.

In this regard, the customer is advised to read the user manual supplied with the products carefully. Should this user manual be lost, a replacement can always be requested from customer services.

- Warranty against hidden defects

The customer may claim under the warranty against hidden defects if the defects in question were not apparent at the time of purchase, existed prior to purchase (and therefore do not result from normal wear and tear of the product, for example), and are sufficiently serious (the defect must either render the product unfit for its intended purpose, or impair its use to such an extent that the customer would not have purchased the product, or would not have purchased it at that price, had they been aware of the defect).

To avoid forfeiting the right to make a claim, complaints must be made as soon as possible after a defective or non-compliant product has been identified (in the case of a defect apparent on delivery, this period is a maximum of 7 days), by post or by email to the Seller’s contact details. The customer must ensure they describe the problem in question in detail, attaching any evidence necessary to enable a proper assessment of the validity of the complaint (for example, by providing photographs).

Once the complaint has been validated, the Seller may either ask the customer to keep the product available for a joint inspection within 30 days, or request the return of the faulty product prior to any exchange.

In this case, the customer must return the product to the Seller, using the delivery method specified by the Seller, at the Seller’s expense.

Upon receipt, the Seller will proceed with the exchange (see return procedures in the following section ‘Product Returns’).  If it is not possible to exchange the product (e.g. obsolete product, out of stock, etc.), the Seller will endeavour to offer a comparable product of at least equivalent quality. Failing that, the customer will be refunded, taking into account a proportional depreciation (calculated as the ratio of the period of use to the usual lifespan of the purchased product, which is contractually set at 3 years).

BtoB:

The warranty period is one year.

Article 15 – Returning products in the event of withdrawal or under the statutory guarantee

Any return must first be authorised in writing by the Seller.

Return costs are to be borne by the consumer Customer where the right of withdrawal is exercised. They are to be borne by the Seller where the statutory warranty is invoked.

During the cooling-off period, the Customer shall handle the product and its packaging with care.

Any product to be exchanged or refunded must be returned to the postal address given above, in its original packaging (where reasonably possible), in its entirety (including any accompanying accessories and documents) and in perfect condition.

In order to process the request correctly, the customer is asked to include in the parcel the ‘return number’ provided by the Seller in response to the request for an exchange or refund, or to enclose a copy of the invoice.

The customer will be asked to choose suitable packaging (if the original packaging is no longer usable) and to protect the returned items inside the parcel with the same care as was taken when they were delivered.

Customers are reminded that it is advisable to take every precaution when opening and unpacking the parcel received, so that they can fulfil their obligations under this clause.

If the above obligations are not met, the customer will forfeit their right of withdrawal / warranty and the product will be returned to them at their own expense.

Any defect or damage resulting from the customer’s carelessness or incorrect handling shall be borne by the customer.

If the returned parcel does not reach the Seller, the Seller shall not be obliged to provide an exchange or a refund (mandatory in the case of withdrawal; where reasonably possible in the case of a warranty claim), unless the customer has opted for a parcel tracking service with the carrier.

Article 16 – Regulation of the terms and conditions – Amendment of the terms and conditions

If any provision of these General Terms and Conditions of Sale is deemed unlawful, void or otherwise unenforceable, that provision shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions of these General Terms and Conditions of Sale.

These terms and conditions set out the entire agreement between the user and the website. They supersede all prior or contemporaneous agreements, whether written or oral.

Failure to enforce one or more provisions of these terms and conditions shall not be deemed a waiver of those terms and conditions.

A printed version of the Terms and Conditions and of any notices given in electronic form may be produced in any legal or administrative proceedings relating to the Terms and Conditions.

The parties agree that all correspondence relating to these terms and conditions must be written in French.

These terms and conditions may be amended at any time by the website publisher or its authorised representative. The terms and conditions applicable to the user are those in force on the date of their order on this website. The Publisher undertakes, of course, to retain all previous versions of these terms and conditions and to provide them to any user who requests them.

Please note that intellectual property laws apply to this document. Any reproduction, adaptation or translation is prohibited.

Article 17  – Procedures and time limits for raising objections regarding contractual documents

Any comments regarding these general terms and conditions of sale, the legal notices or the privacy policy must be made in writing and must be delivered in person, by registered or certified post, by post via a courier service recognised at European level that allows regular tracking of its parcels, or by email to the address indicated above, specifying your full name, contact details and the subject of the notice.

Any complaint relating to the use of the website, the service offered on this website, or any other related service, the website’s pages on any social media platforms, or the general terms and conditions, legal notices or privacy policy must be lodged within 365 days of the date on which the issue giving rise to the complaint first arose, notwithstanding any law or legal provision to the contrary. Should such a complaint not be lodged within this time limit, it will irrevocably become inadmissible.

Article 18 – Applicable law and dispute resolution

Applicable law

These general terms and conditions are governed by Belgian law.

Out-of-court settlement

Unless otherwise required by public policy, any disputes that may arise in connection with the performance of these general terms and conditions may, prior to any legal action, be referred to the website publisher for consideration with a view to reaching an amicable settlement. It is expressly stated that requests for an amicable settlement do not suspend the time limits for bringing legal proceedings.

Consumer mediation

For Belgian consumers, the ‘Consumer Mediation Service’ offers an impartial and free service.

Contact details for the Consumer Mediation Service in Belgium:

• North Gate II, Boulevard du Roi Albert II 8, 1000 Brussels.
• Tel. : 02 702 52 20
• Fax : 02 808 71 29
• Email : contact@mediationconsommateur.be
• Website : http://mediationconsommateur.be

It should be noted that mediation is not compulsory but is offered solely as a means of resolving disputes without resorting to legal proceedings. Both the Seller and the User may object to mediation.

Legal action

In the absence of an amicable settlement (or mediation resulting in a proposal accepted by both parties), the Seller – Publisher designates the courts of the judicial district of Brussels as having exclusive jurisdiction.