General Terms Conditions of Sale
Between OUCH Belgium ASBL,
Rue des Cailloux, 19
B 1330 Rixensart
Registered at the Crossroads Bank for Enterprises under the number 0897.851.202.
The association can be reached by email by clicking on the contact form via Informations – Contact on the site’s menu.
Hereinafter referred to as the “Seller” or the “Organisation”..
On one hand,
And the natural or legal person purchasing products or services from the organisation,
Hereinafter referred to as “the Buyer” or “the Customer”,
On the other hand,
The following has been outlined and agreed to:
The Organisation sells through its website (https://ouch-belgium.be). The list and the description of the goods and services provided by the Company can be found at the Shop.
Article 1 : The Terms and Conditions presented determine the rights and obligations of the parties, within the framework of the online sale of Products or Services by the Seller.
Article 2 :
These Terms and Conditions (T&Cs) govern the sales of Products or Services made through the website of the organisation and are an integral part of the Contract between the Buyer and the Seller. They are fully binding on the Buyer who accepted them before placing an order.
The Seller reserves the right to modify these T&Cs at any time by publishing a new version on the website. Therefore, the applicable T&Cs are those in force on the payment date of the order.
The organisation also ensures that acceptance is clear and without reservation through the use of a check box and a validation click. The Customer declares to have read all the Terms and Conditions related to a product or service, and to accept them fully and unconditionally.
The Customer acknowledges that they have received adequate advice and information to ensure that their needs are met.
Article 3 : The prices of the products sold through the Internet site are displayed in Euros (including tax) and shown on the product description pages. They are shown excluding packing and shipping charges.
The organisation reserves the right to modify its prices at any time for the future.
Article 4 :
The Customer must follow a series of steps to conclude the contract electronically and carry out their order:
– Information on the basic characteristics of the Product; – Product Selection, if applicable, product options – Essential Customer information (identification, email, address etc.) ;
– Acceptance of Terms and Conditions shown
– Verification of the order details and, if necessary, correction of errors.
Before confirming the order, the Buyer has the opportunity to check the details and price of the order, correct any errors, or cancel the order. The confirmation of the order will entail formation of the contract. – Then follow instructions for payment of products and delivery of the order.
The Customer will receive confirmation by email of the payment of the order, as well as an acknowledgement of receipt.
During the order process, the Customer will be able to identify and correct any errors made in the data entry.
The archiving of communications (the order, order details, invoices) is carried out with reliable and durable support as to ensure a faithful and durable copy. This information can be produced as proof of the contract.
For the delivered products, delivery will be made to the address given by the Customer. For the purpose of order fulfilment, the Customer must provide truthful identification. The Seller reserves the right to refuse the order, for example for any abnormal request, requests made in bad faith or for any other legitimate reason.
Article 5 :
The essential features of goods, services as well as their respective prices are made available to the buyer on the organisation website. Where applicable, the method of use of the product is also made available. The buyer is informed of prices by means of marking, labelling, posting or any other appropriate method, before the conclusion of the sales contract.
The total amount owed by the Buyer is always shown on the order confirmation page. The selling price of the product is that in force on the date of the order, it does not include shipping and packaging costs. These costs are shown to the Buyer during the sales process, and at the confirmation of the order. The Seller reserves the right to change prices at any time, while guaranteeing the application of the price shown at the time of order.
The Customer certifies to have received details of the delivery cost as well as the methods of payment, delivery and execution of the contract, as well as information regarding the identity of the seller, his postal, telephone and electronic contact details, and to their role in the context of the current sale. The Seller will honour the Customer’s order within the limit of available Product stock. Otherwise, the Seller informs the Customer; if the order has been placed, and in the absence of agreement with the Customer on a new delivery date, the Seller refunds the customer.
The parties agree that the illustrations or photos of products for sale have no contractual value.
Article 6 :
The products and services for sale through these T&Cs comply with the regulations in force relating to the safety and health of persons, fair trading and consumer protection.
The Seller delivers products in accordance with the contract and is liable for any non-conformities during delivery. It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been covered by the contract or has been carried out under its responsibility.
The Seller refunds or exchanges defective products or products not matching the order. The refund can be requested in the following way: via Informations – Contact on the site menu.
Article 7 : The products remain the property of the Company until full payment of the price.
Article 8 : The products are sent to the delivery address provided as soon as possible. These times do not take into account the order preparation time.
The Seller intervenes in the event of loss, theft or damage of a package before receipt by the Customer, only in the case of the “Secure shipments with tracking number” shipping options as described at the bottom of the Shop page.
The moment the Customer physically possesses the products, the risks of loss or damage of the products are transferred to him. It is the Customer’s responsibility to notify the carrier of any reservations about the product supplied.
Article 9 : Payment is due immediately upon ordering. The Customer makes the payment via the PayPal service or the Stripe service or by bank transfer. In the latter case, the delivery is postponed pending verification of the payment.
The online payment is secure. The transmitted information has state of the art encryption which cannot be read during transport over the network (HTTPS). Once the payment has been initiated by the Customer, the transaction is immediately debited after verifying the information.
Article 10 : The Buyer has the right to withdraw without giving any reason, within fourteen (14) days from the order receipt date. The right of withdrawal can be exercised by contacting the organisation.
In case of the exercise of the right of withdrawal within the aforementioned time period, the price of the purchased product(s) and the shipping costs will be refunded, the return cost being the responsibility of the Customer. Products are to be returned in their original condition (packaging, accessories, instructions, etc.). If possible, they must be accompanied by a copy of the proof of purchase.
Article 11: In accordance with the law, the Seller assumes the guarantee of conformity relating to the hidden defects of the products. The Seller reimburses the buyer or exchanges the products that are faulty or not corresponding to the order made.
Article 13: All clauses appearing in these terms and conditions, as well as all the transactions of purchasing and selling which they are aimed at, will be subjected to Belgian law.
“Our general conditions of sale have been developed from a free and open access template that can be downloaded from the website https://www.donneespersonnelles.fr/”