These general sales conditions govern the relationship between Vitabulle represented by its manager Anne-Sophie Zilles, registered under the VAT number BE 0552.772.811, (hereinafter "VITABULLE") and any person or company making an on-line purchase Client ") through the site (" the Vitabulle Site "). The Site is the property of Anne-Sophie Zilles in its entirety, as well as all related rights. Any reproduction, in whole or in part, is systematically subject to the authorization of the owner of these rights. However, links of the hypertext type to the site are authorized if they aim at the promotion of the site and the products put on sale by VITABULLE.
1. Acceptance of conditions
On the one hand, the customer acknowledges, at the time of the ordering, these general conditions and the different notices, information, available and downloadable on the Site which he declares to accept without reserve. These general sales conditions set the framework for orders placed on the Site, each purchase order being deemed to include all the terms. These general conditions of sale will prevail over any other conditions contained in any other document.
"Product" means any product whose distance selling is made possible on the "Customer" Site, the natural person who acquires Products on the Site or the professional who acquires them for the purpose of his professional activity ; "Order" the dematerialized document or paper, signed or filled by the Customer on the Site.
VITABULLE may change its terms and conditions at any time, with the version applicable to any transaction between the parties being that available online as part of the order process on the Site. It is up to the Customer to keep on his hard disk the documentary elements (moreover printable) of his Order. In accordance with the regulations applicable to remote electronic contracts only the contracts concluded electronically with the Clients for amounts equal to or greater than 150 euros are kept for a period of ten years on a backup server.
Access to the Site
Like any Internet site, the Site is accessible at all times subject to curative or preventive maintenance operations by Internet service providers, cases of force majeure, necessary updates to the Site and under which VITABULLE can not be held For responsible.
2. Illustration and essential characteristics of the Products
The Products offered to the Customer appear on the Site within the limit of available stocks and subject to the proper functioning of the Site. Each product offered on the Site is presented in summary form in accordance with the regulations indicating its denomination, its characteristics, its price, a photograph, with an essen - tial description, Use with the reference, if necessary, to further explanations. The photographs illustrating the Products do not enter the contractual field. If errors have occurred, in no case will VITABULLE be held liable. The intellectual property rights in these photographs belong to VITABULLE, which does not grant any license in this respect. The standard products offered online to its customers by VITABULLE are available to the extent of stock available.
Contract Path and Order Process
It guarantees the accuracy of the personal information provided concerning it. He receives a confirmation of his account creation by email. Any order for Products using these username and password will be deemed to have been made by the Customer.
The Customer can proceed to the order itself, which results in the following successive phases:
For Standard Products
Choice of Product, confirmation of this choice by adding to the cart (1st click), confirmation of the basket by a click of termination of the order (to finish the order or to order: second click), Information by the Customer of his coordinates on line (Or Identification of the Customer and its contact details) that the customer confirms with a click; Choice of delivery method by clicking; Verification of the order summary and its price with the possibility of correcting any errors, with consultation and acceptance of the general conditions of sale (downloadable) by checking the corresponding box and validation of the order (3rd click), choice of the mode of Payment by a click, instant payment of the order; Sending by VITABULLE of the acknowledgment of receipt of the order with the mandatory information and the invoice in pieces attached to the PDF format, which can be stored on the hard disk of the Customer's computer.
3. Registration and Processing of the Order
Automatic registration systems are considered to be proof of the nature, content and date of the order. VITABULLE confirms the acceptance of its order to the customer at the e-mail address that it will have communicated. The sale will only be concluded after confirmation of the order and after the bank payment centers have given their agreement. In case of rejection of the payment center concerned, the order will be automatically canceled and the Customer notified by email. VITABULLE reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order or whose personal account contains information inaccurate or suggesting that it would be a fraud. The information stated by the purchaser, when taking an order, commits the customer: in the event of an error in the addressee's address, the seller can not be held responsible for the impossibility of delivering the product.
VITABULLE has delivered the parcels of the Orders placed on the Site to the countries accessible by the postal delivery services. VITABULLE will make its best efforts to process the Orders, within the limit of available stocks of the Products offered on the Site. VITABULLE can not be held responsible for the non-performance of an Order concluded in the event of unavailability or in case of stock out of the manufacturer or supplier. If, after confirmation of the Order, the Reserved Product is found not to be available, VITABULLE will inform the Customer by email or by telephone as soon as possible.
If the Product is unavailable and can not be delivered by correspondence within 15 days of the expected date of delivery of the order, VITABULLE Customer Service will contact the Customer to validate with him The terms of refund of his order which will take place at the latest within 30 days. Alternatively, VITABULLE customer service may offer a refund in the form of a purchase order, have access to the entire site for one year, or provide a substitute product of equivalent quality and price. In the case of the supply of goods of equivalent quality and price, the cost of return in case of exercise by the customer of the right of withdrawal will be charged to VITABULLE.
Exceptionally, in the event of difficulties in supplying all or part of the Products requested during an Order, the Order can be put on hold by VITABULLE until all the products have been received.
It is also specified that for reasons of availability, an order can not be delivered in several times to the customer and will be shipped upon receipt by VITABULLE of all products. If the customer wants two different delivery locations, he places two orders, with the corresponding duplicate delivery charges.
Delivery times correspond to the processing and delivery times of the Products. When they are not available in stock, the deadlines are themselves calculated according to the date of receipt of the Product communicated by the manufacturers and partners of VITABULLE, if this date is known or according to the possibilities of supply at the moment of the order.
These periods do not include holidays and weekends. Delivery times are indicated to the Customer on a case-by-case basis either when the order summary is validated by the customer or when the order is acknowledged by VITABULLE.
Delivery in Europe CEE:
Package: the package given by VITABULLE mailing or carrier comes within three to five days at the rates mentioned on the Site and included in the invoice, to the address mentioned by the customer. If the Customer is absent at the time of delivery, he will be informed of the delivery by post which will determine the terms of a delivery or the withdrawal of the parcel.
Sample: delivery by post.
Package: the package VITABULLE entrusted by the carrier comes within a maximum period of two (2) to ten (10) business days to the prices mentioned on the site and included in the invoice, to the address mentioned by the customer. If the Customer is absent at the time of delivery, he will be contacted by the delivery service provider and will settle with the carrier the terms of a re-delivery or withdrawal of the parcel. In case of delivery by the Postal Service, he must contact the postal service of his country in order to withdraw his parcel and fix a new delivery.
Sample: delivery by postal mail by Postal and then delivered to the postal service of the country of delivery.
The delivery is made AUX HOURS BUS
TELL THE CLIENT NEEDS A DELIVERY ADDRESS PROVIDED THAT IT IS NOT ABLE TO RECEIVE THEM PERSONALLY OR PACKAGE PER PERSON BY CUSTOMER SPECIFICALLY ADVISED THAT PURPOSE.
VITABULLE can not deliver to postal boxes, military or naval addresses.
Deliveries are deemed made as of provision of the product to the customer or his representative by the carrier, which collects the signature / receipt of the latter via paper or electronic control system in use by the carrier or, in case of Absence, by the delivery of a notice of availability or passage in the mailbox of the recipient.
If the parcel is not received in spite of the different passages of the carrier or if it is not received because no one arrives at the relay point where it is, VITABULLE remains entitled to levy the corresponding amount or the Retain when the payment has been received by the latter. A non-withdrawn / received package can be returned to VITABULLE, the recipient being informed by email. The Client may nevertheless request a new delivery, the costs of which are borne by the latter.
II The CUSTOMER OR ITS REPRESENTATIVE TO VERIFY THE SHIPPING ON ARRIVAL AND TO ALL CLAIMS AND RESERVES THAT ARE JUSTIFIED IF NOT REFUSE THE PARCEL, in case of missing, of known or apparent opening the package or overt signs of deterioration.
If the CUSTOMER accepts the parcel, it must mention on the carrier's document its reserves or have them registered by the carrier in the electronic control system used.
In all cases, reservations and claims must also be addressed to the carrier by registered letter with acknowledgment of receipt ON THE THREE DAYS following the delivery of the Products, with a compulsory copy to the attention of VITABULLE.
Except in cases of force majeure or is attributable to the Customer, THE WAY THE LAW OF RETURN AND REFUND ARE IMPLEMENTED IN CONSULTATION WITH THE CUSTOMER SERVICE OF VITABULLE.
Complaints should be addressed to VITABULLE and returned products in accordance with the following procedure:
1) Complete the form sent in PDF format by VITABULLE customer service. In case of non-conformity with the Order, the Customer provides a sufficient and reasoned explanation by filling in the form.
2) Place the product (s), which has never been used, to return with any accessories, instructions for use and documentation in the original carton or equivalent and attach a copy of the invoice and the delivery note together with the form or A letter mentioning the request for return and the articles concerned.
3) Return packages must be sent with acknowledgment of receipt to the address indicated on the delivery note. No cash on delivery will be accepted.
4) In the event of a defective product, an exchange will be made condition of returning the said product and explain the problem encountered. Without product no exchange will be accepted.
In case of proven or suspected fraud VITABULLE may suspend or defer the refund.
Products not returned and not in compliance with the above procedure shall not be taken back and reimbursed. In any case, parcels for which there is no attachment identifying the shipper, ie not including at least the order number, Mail address, surname, first name, address and signed form.
The Customer shall bear the consequences of the failure to respect the aforementioned deadlines for reservations and claims.
FAILURE TO COMPLY WITH DELIVERY TIME
In total and taking into account the provisions above, VITABULLE commits to a delivery time of not more than 20 working days for the standard products and of 60 working days for the customized products or out of stock at the time of the order.
VITABULLE can not be held responsible for the delay in delivery, the fact of the carrier in case of force majeure or the fact of the customer.
If a case of exceeding the delivery time is found, the Customer shall immediately inform VITABULLE by calling the telephone number on the Site and recalled in the acknowledgment of receipt.
In any event, and in accordance with the law, if the time limit is exceeded by more than 7 days, the Customer is entitled within 60 days to request the cancellation of the Order by letter (except in cases of force majeure or Of the Customer), unless the Order has arrived safely in advance of such request. If the parcel has arrived after the Client's request for information, the latter agrees to return it and VITABULLE undertakes to proceed to the refund of the product and the shipping costs, upon receipt of the product by him, complete and in Its original state, except by e-mail of the Customer informing the seller of its acceptance.
With regard to the professional, and taking into account the above, VITABULLE undertakes within the framework of the obligation to issue (within 45 working days for standard products and 80 working days for products Personalized), products traveling at the risk of the first. Likewise, having regard to the aforementioned deadlines for reservations and claims, any claim of any kind whatsoever by the latter will be considered inadmissible. The same shall apply if it does not carry out a rigorous inspection of the goods and their conformity. Without prejudice to the foregoing, any defect or defect recognized after examination with the trader contradicts the seller's obligation only to replace, free of charge, the goods found to be defective, excluding any loss of business or additional damage .
5.1 Standard products
With the exception of products made or custom-made, or as specified by the Customer or clearly personalized, or which, because of their nature, can not be redirected or are liable to deteriorate or to perish rapidly, the Client benefits Of a right of withdrawal / return of 14 days from the reception of the articles. Directive 2011/83 EU of 13 June 2014 which standardizes in Europe a 14-day withdrawal period.
When the Customer exercises his right of withdrawal, he immediately informs the customer service by internet to the VITABULLE e-mail address reserved for this purpose, and returns the package at his expense.
If before any delivery the Customer realizes that his order is erroneous he immediately informs the Customer service of VITABULLE by email, the right of retractation / return applying and resulting in a cancellation of the Order with suspension of the routing If it is feasible.
The Customer refrains from returning an incomplete Product, whose packaging has been torn, damaged, damaged, used / tested or soiled. VITABULLE will not resume it. No consignment for cash is accepted.
Never include parcels for which there is no attachment to identify the sender, or missing the order number, email address, surname, first name, address.
Any returned Product must be properly protected, in perfect condition of resale and commercialization (not tried, undamaged, damaged or soiled by the Customer) accompanied with all its accessories, instructions of use and documents, to the indicated address , Together with the invoice sent by VITABULLE, to the Client for the retention of a copy.
In the event of proven or suspected fraud or failure to comply with the conditions of return, VITABULLE may suspend or defer the refund.
Reimbursement to the Customer is made, at the customer's choice, either in the form of an alternative product, or purchase vouchers or by a credit valid for one year on the whole Site, or by refund on credit card, in As soon as possible and at the latest within a period of 30 days following the date on which the right of withdrawal / return is exercised.
Except for the extensive national public policy transposal of Directive 2011/83 EU, (if the extension is consequential, it will not therefore apply to the present), the right of withdrawal only benefits consumers who contract for their needs personal.
5.2 Customized Products
In accordance with the provisions of the Consumer Code, the right of withdrawal does not apply to the supply of goods made according to customer specifications or clearly personalized, such as a product whose raw materials have been selected by the Customer and the resulting finished product made on the indications of character transmitted by the latter.
The Customer benefits from the applicable legal guarantees of guarantee of hidden defects, on the one hand, and compliance, on the other hand.
In the event of a hidden defect, the Customer has the choice between, on the one hand, returning the price, subject to the return by him (according to the above terms) of the product, or on the other hand, By the hidden defect) but by means of a partial restitution of the price granted by the seller.
In case of a lack of conformity, the Customer can choose between the repair and the replacement of the Product or the restoration of the price in whole or in part.
However VITABULLE may not proceed according to the choice of the Client when the requested solution proves to be unreasonably expensive for the seller or to oppose it when the conditions of legal application are not met.
Alternatively, VITABULLE may offer vouchers and the Customer accept them by notifying it by simple email, which puts an end to the dispute, since the seller is keen to favor friendly solutions.
The price is expressed in euros. The price displayed on the Site does not include transportation. The price indicated in the order confirmation is the final price, expressed inclusive of all taxes and including VAT for Belgium. This price includes the price of the products, the costs of handling, packaging and storage of products, transport costs. For customized products this price also includes the intervention of the partner (s) of VITABULLE can modify its prices at any time, it being specified however that the Products are invoiced on the basis of the tariffs in force at the time of registration Orders, subject to availability. Product offers and prices displayed are valid as long as they appear on the Site.
Customs charges: they are payable by the Customer
The price charged to the customer is the price indicated on the confirmation / acknowledgment of order sent by VITABULLE. The price of the products is payable in cash on the day of the order. Payment of purchases is made by credit card.
By credit card: Payment is made by credit card of one of the networks Visa card, Mastercard, Carte Bleue, Bancontact / MisterCash card or any other method proposed on the site. The communication of his / her credit card number via the VITABULLE Website is equivalent to authorizing the debit of his account up to the amount of the Products ordered. Online payment system VITABULLE allows to settle via a banking server in a secure environment. The Customer Number is thus directed without going through the server of the shop, to the servers of the bank which generally directs directly to its client in a secure environment.
The order validated by the customer will be considered effective only when the banks of payment bank concerned have given their agreement. In case of refusal of these centers, the order will be automatically canceled and the customer notified by e-mail.
By the PayPal service: The Customer is asked to fill in the personal identifier and the password that the latter has registered with payment service provider.
In any case, the online supply of the credit card number or the identification number of the payment service provider and the final validation of the following order are proof of the entire order placed by the Customer and his / her commitment / signature in accordance with the Provisions of the Act of 13 March 2000.
In addition, VITABULLE reserves the right to refuse any order from a customer with whom there is a dispute. The reliability of the information entered during a command can be verified and automatic alerts triggered according to the information provided. In this respect the customer may be requested to provide additional information or even supporting documents on the basis of which the order can be continued or canceled.
The invoice is sent by e-mail in PDF format to the customer.
No advance payment is or will be considered as a deposit.
The Products remain the property of VITABULLE until full payment of the price.
All elements of the Site (photographs, illustrations, pictograms, and descriptions, logo, trademark) are and remain the intellectual and exclusive property of VITABULLE.
Computing and Freedom
The data of the Clients are kept confidential by VITABULLE. They are only used internally for registration on the Site, processing of the Customer's order, development and customization of the customer relationship by way of information and newsletter e-mails, On the one hand, and the one-off actions of commercial promotions to which the Client has not opposed.
During the collection of its data the Client is informed by the Site of the obligatory or optional nature of his answers by the presence of an asterisk. In the absence of any reply to the mandatory information, the registration can not be registered or the Order processed.
Certain information may be communicated to providers directly involved in the order process such as the carrier.
In accordance with the Data Protection Act of 6 January 1978, the Client may exercise his right of access and right of rectification or deletion for information concerning him, opposition for legitimate reasons and opposition to commercial prospection in Addressing his signed request by e-mail to: VITABULLE by giving his email address, his forenames and names, and his mailing address.
The cookies record certain information that is stored in the memory of the Client's hard disk but does not contain or communicate personal data relating to it. These connection lights are used only to facilitate order pickup or transaction security.
The liability of either party can not be sought if the performance of the contract and the order is delayed or prevented due to force majeure or unforeseeable circumstances, Other party or third party or external causes such as flooding, fire, interruption of supply of energy, raw materials, stock-outs or terminations by laboratories, Health authorities, as well as total or partial strikes of any kind which interfere with the smooth running of VITABULLE, such as transport strikes, postal services. In case of force majeure the obligations of the Parties shall be suspended.
The data recorded by the payment system used and chosen by the Customer (bank, card payment center, payment service provider or other), as part of the ordering process and the data recorded by VITABULLE constitute proof of All past financial transactions between VITABULLE, the Client and the said institution (or other organization).
Data in electronic or electronic form, e-mails are valid evidence and as such are admissible under the same conditions and with the same probative force as any document which is drawn up, received or kept in writing.
8 Applicable law - Responsibilities - Disputes
VITABULLE can not be held liable for damages of any kind, whether material or immaterial or corporeal, which could result from a malfunction or misuse of the products marketed.
In the case of a consumer, VITABULLE can not be held liable for damages resulting from force majeure, due to the fact of a third party or any fact attributable to the Customer.
The liability of VITABULLE to the trader will in any case be limited to the amount of the order and can not be incurred in case of damage due to force majeure or due to any fact Attributable to the Customer or to a third party.
In the event of difficulties in the application of this contract, the Customer has the possibility, before any legal action, to seek an amicable solution by requesting the customer service of VITABULLE for this purpose.
In the absence of an amicable solution, the case will be brought before the competent Belgian courts only, and in the event that the buyer proves to be a professional, the Parties confer exclusive jurisdiction on the commercial court at VITABULLE.