General Terms and Conditions of Sales
The Website www.coocoon.eu is published by the company IBD Consulting SRL registered with the BCE under number BE635.732.555, located Chaussée de Waterloo 593, 1050 Brussels, Belgium. Contact: email@example.com
The Website www.coocoon.eu is hosted by SHOPIFY INC., a Canadian company registered on the TSX and NYSE under number 426160-7 whose head office is at 151, rue O’Connor - Ottawa, Ontario K2P 2L8 - Canada. Contact: firstname.lastname@example.org
General Terms & Conditions of Sales
Article 1. Definitions
The following terms used in these General Terms and Conditions of Sales have the following meanings:
- "Buyer" means the organization or person who purchases one (several) Product (s) from the Seller as a consumer within the meaning of Article I., 1, 2 ° of the Code of Economic Law;
- "Force majeure" means any circumstance foreign to the Seller and beyond its control and of which the Seller could not reasonably foresee the occurrence and the consequences;
- "Order" is the action by which the Buyer accepts these General Conditions of Sale by checking the box "I have read and I accept the General Terms and Conditions of Sales", select one (several) Product (s) on the Order page and validates the Order until payment is made, according to the conditions set out in article 3;
- "Products" means the good (s) supplied by the Seller as presented on the Website;
- "Seller" means the company IBD Consulting SRL registered with the BCE under number BE635.732.555, located Chaussée de Waterloo 593, 1050 Brussels, Belgium;
- "Website" means the website www.coocoon.eu
Article 2. General information
- 2.1. These General Terms and Conditions of Sales apply exclusively to the online sale of Product (s) offered to consumers;
- 2.2. These General Terms and Conditions of Sales govern all online sales of Product (s) to Buyers as offered on the website www.coocon.eu by the Seller;
- 2.3. An order of one (more) Product (s) implies strict compliance by the Buyer with these General Terms and Conditions of Sales, without any reservation.
Article 3. Orders
- 3.1. The Order is placed with the Seller by the Buyer by selecting one (more) Product (s) that the Buyer places, according to the selection, in the "cart";
- 3.2. Before validating the Order, the Buyer expressly accepts these General Terms and Conditions of Sales by checking the box "I have read and I accept the General Terms and Conditions of Sales";
- 3.3. The Order is only validated after the Buyer has provided the information mentioned on the Website and necessary for the proper execution of the Order and has proceeded to the payment;
- 3.4. The Buyer guarantees the accuracy of all this information. If the delivery address is completely or partially incorrect, forcing the Seller to return the Product (s) ordered to its establishments, the Buyer will bear the consequences and the Seller will be entitled to invoice the administrative and transport costs linked to the return of the Order;
- 3.5. In order to track the Order, the Buyer can contact the Seller's customer service via the contact form or by email at email@example.com.
Article 4. Product availability
- 4.1. The Order is made subject to the availability of the Seller's stocks. In the event of a shortage of stock, the Seller will inform the Buyer by email of the additional time associated with a new production, partial delivery or cancellation of the Order;
- 4.2. In the event of a shortage of stock, the Seller cannot be held responsible for the physical impossibility of fulfilling the Order.
Article 5. Production and delivery times
- 5.1. Given our manufacturing to order policy, the manufacturing times for the Product (s) ordered are 4 weeks;
- 5.2. As soon as the Buyer's order is ready, the Seller ships it through our delivery provider Bpost;
- 5.3. Delivery is made by Bpost in Belgium or via one of Bpost's partners abroad. In the absence of delivery within 5 working days of the delivery date indicated by the Seller, the Buyer may cancel the Order by contacting the Seller's customer service at the email address firstname.lastname@example.org. This cancellation is not possible when the Seller is prevented from making a delivery due to a case of force majeure and has informed the Buyer as soon as possible;
- 5.4. The shipping times (i.e. the time between the date of dispatch by the Seller and the date of delivery by the delivery provider) indicated by the Seller are average times, mentioned for information only, and may vary depending on the destination;
- 5.5. The Product (s) is (are) delivered to the delivery address indicated by the Buyer in the Order;
- 5.6. IMPORTANT: the Buyer is requested to write down the words “receipt subject to control” on the delivery slip, followed by her/his signature and to take a photo of the delivery slip and the package. This is the only way for the Seller to be able to act in the event of damage to the furniture that is not visible from the outside of the package. Without this mention, the Seller will not be able to exchange or reimburse any piece of furniture that has been damaged during transport. In the event of a dispute on delivery, any complaint must be sent within 48 hours to the Seller's customer service via the contact form or by email at email@example.com.
- 5.7. The Seller's customer service is at the disposal of the Buyer for any information regarding the delivery of the Order via the contact form or by email at firstname.lastname@example.org.
Article 6. Prices and payment terms
- 6.1. The prices are indicated on the Website in Euros and include all taxes applicable in Belgium as well as the processing costs;
- 6.2. The prices indicated do not include delivery costs, which are calculated at checkout, depending on the weight and destination of the package;
- 6.3. The Seller will be entitled to modify the prices. The Product(s) will be invoiced at the rate in effect at the time of validation of the Order;
- 6.4. In the event of an Order to a country other than Belgium, customs duties or other local taxes (local VAT, customs tax, import duties, etc.) may be due. These rights are the sole responsibility of the Buyer and are his sole responsibility, both in terms of declaration and payment to the competent authorities;
- 6.5. The Order will be paid either by credit card or by the Bancontact application. The accepted payment cards are VISA, Master Card, Maestro, American Express. The Buyer's account will be debited immediately after acceptance of these General Terms and Conditions of Sale and validation of the Order, when sending the confirmation mail;
- 6.6. The Buyer guarantees that s/he has the necessary rights to use her/his payment card and that s/he is fully authorized to use it to pay for the Order. The Buyer also guarantees that this card gives access to sufficient funds corresponding to the amount of the Order. Otherwise, the Seller reserves the right to cancel the Order;
- 6.7. The Seller provides a secure means of payment. The Seller works only with the reputable company Stripe Payments Europe, Ltd, which is at the forefront of online payment security. Consequently, the Seller cannot be held responsible for any fraudulent or abusive use of the Buyer's means of payment, over which the Seller has no control.
Article 7. Right of withdrawal and terms of return
- 7.1. If the Product (s) purchased on the site is (are) not suitable for the Buyer, the latter has a period of fifteen (15) calendar days, from the day after the day of the delivery, to renounce its purchase without penalty and without giving reasons, in accordance with the law of July 14, 1991 on commercial practices and on consumer information and protection. Within this period, the Buyer must notify the Seller of her/his intention to exercise his right of withdrawal, by sending an email to the Seller's customer service at the email address email@example.com. A withdrawal form is made available to you on the page dedicated to the Return Policy. If this deadline is not respected, the Buyer will forfeit her/his right of withdrawal;
- 7.2. The return to the Seller will be made at the following address, unless otherwise instructed to the Buyer, by any means of transport chosen by the Buyer, who must keep proof of shipment to the following address: IBD Consulting, Chaussée de Waterloo 593, 1050 Brussels, Belgium;
- 7.3. The costs and risks associated with return shipping are the responsibility of the Buyer;
- 7.4. In the event that the Buyer uses her/his right of withdrawal and the return of the Product (s) within fifteen (15) days of delivery and in accordance with the terms agreed in the preceding paragraphs, the Seller undertakes to refund the purchase price to the Buyer, at the latest within thirty (30) days of receipt of the Product (s) by the Seller;
- 7.5. Delivery costs remain due even in the event of return and / or exchange of the Product (s) ordered;
- 7.6. In the event of a refund of the returned Product (s), the Seller will credit the bank card used for the payment of the Product (s) in an amount equivalent to the purchase price, minus the delivery costs, as well as minus the amount of the coupons, vouchers or discounts used during the order. The Buyer's refund will be made in accordance with the terms and conditions of the banking organization issuing the card;
- 7.7. If the Buyer has paid for the order with a gift certificate, the Buyer can only proceed with an exchange;
- 7.8. The Buyer may not make use of her/his right of withdrawal and / or exchange if the Product (s) delivered has (have) clearly been the subject of lasting use (beyond a few minutes), has (have) been damaged or has (have) missing parts;
- 7.9. The Product (s) must imperatively be returned properly protected, in its (their) original packaging, in perfect condition for resale (not damaged, or soiled by the Buyer) accompanied by all accessories, instructions for use, etc., to the above-mentioned address accompanied by the original sales invoice, of which the Buyer will keep a copy. Otherwise, the Product (s) cannot be returned or exchanged;
- 7.10. Cannot also be taken back or exchanged, the Product (s) for which no attached element allows the Seller to identify the sender (return number, order number, name, first name, address ). The Product (s) returned but which cannot be accepted in return by the Seller is (are) held at the disposal of the Buyer by the Seller. In the event of abnormal or abusive returns, the Seller reserves the right to refuse a subsequent order.
Article 8. Legal warranty
- 8.1. At the time of delivery of the Product (s), the Buyer is required to check its (their) conformity, in order to be able, if necessary, to issue a reservation concerning this conformity. If the Buyer finds a visible defect in the Product (s), the Buyer is required to inform the seller without delay in order to allow the Seller to replace any missing or defective part at the time of purchase. If the existence of a possible defect is not notified within 14 days of delivery of the Product (s), the Buyer is deemed to have accepted and / or approved the Product (s);
- 8.2. The Buyer benefits from the legal guarantee of articles 1649bis et seq. of the Civil Code for any lack of conformity existing at the time of delivery of his product (s) and which becomes apparent within two (2) years from the delivery, if s/he did not know or was not supposed to know about it at the time of the conclusion of the contract;
- 8.3. Under penalty of nullity of the guarantee, the Buyer must inform the Seller of the existence of a lack of conformity within two (2) months of the date on which the Buyer has noticed the defect, by registered mail. In this case, the Buyer may require the replacement of the Product (s) concerned, free of charge, within the limits of the availability of similar products;
- 8.4. However, the Buyer may not require termination of the contract in the event of a minor lack of conformity. Any wear and tear resulting from the use of the Product (s) by the Buyer since delivery will also be taken into account;
- 8.5. This warranty does not cover variations in the color of the wood attributable to nature and not to a manufacturing defect;
- 8.6. This warranty only covers new Product(s) with their original packaging. It only covers their original owner and is not transferable. It does not cover used, second-hand or demonstration Product(s).
- 8.7. This warranty does not cover parts damaged or defective due to installation and assembly, normal wear and tear, abuse, neglect and damage caused by the fault of the Buyer, improper use or alteration of the coating, finish, style and hardware accessories;
- 8.8 The cost of returning a (more) non-conforming Product(s) will be borne by the Seller and will be credited in the form of a purchase voucher, to be used on a future Order.
Article 9. Responsibility
- 9.1 Without prejudice to mandatory legal provisions, the Seller's liability:
- will be limited to the performance of the obligations described in these General Terms and Conditions of Sale;
- will be limited to direct damage caused by gross negligence or willful misconduct;
- will be limited to the Buyer's compensation for damages resulting directly and exclusively from the Seller's breaches or from the defects observed in the Product (s);
- will in any case be limited to the amount of the price of the Product (s) giving rise to this liability (ceiling);
- will in no case extend to compensation for intangible and / or indirect damage and in particular to a possible loss of profit, consequential loss or any other loss or indirect damage;
9.2 The Buyer is required to inform the Seller of the damage that he considers to have suffered within 14 calendar days of the occurrence of the damage, by registered mail, and to allow the Seller to make all the necessary observations;
9.3 The Products are presented and described as faithfully as possible on the Site. Small differences are possible, however, especially with regard to color. The Seller declines all responsibility for any inaccuracies in the description of the Product (s);
9.4 Exclusion of liability
In the event of Force majeure. The non-performance or delay in performance by the Seller of one or more contractual obligations will not be considered as professional misconduct provided that this non-performance or delay is attributable to Force Majeure. If the Force Majeure situation lasts for more than two (2) months, the contract may be terminated by the Seller and / or the Buyer by e-mail, without this authorizing the other Party to claim damages;
In the event of non-compliance by the Buyer with the instructions for use provided by the Seller and / or in the event of use of the Product (s) not in accordance with the Seller's instructions for use. The Buyer undertakes to consult the Seller's instructions for use and to strictly follow the instructions for use of any Product purchased, in order to minimize any risk of accident. The Buyer is aware that the Seller is not in a position to verify whether the Buyer is complying with the instructions for use of the Product (s). The Seller is released from its responsibility in all cases of improper use of the Product (s);
9.5 The Seller only contracts obligations of means, for all stages of access to the Website, the ordering process, delivery or subsequent services;
9.6 The Seller cannot be held liable for any inconvenience or damage inherent in the use of the Website, in particular a breakdown in service, external intrusion, the presence of computer viruses or any other inconvenience;
9.7. The Seller is also not responsible for the content of websites to which hypertext links may refer from its own Website.
Article 10. Use of the Website and intellectual property
- 10.1. Use of the Website does not confer any rights. All the elements represented on the Website, whether visual or audio, including the underlying technology and all of the texts, are the exclusive intellectual property of the Seller and may not be reproduced, broadcast, sold, marketed or used for purposes other than personal by users, Buyers or not, without the prior written consent of the Seller. Any attempt at reproduction constitutes the offense of counterfeiting and will give rise to civil and criminal proceedings;
- 10.2. Access to the Websit is provided "as is", accessible according to its availability and without any guarantee from the Seller. It is used at the user's own risk. The Seller does not guarantee that (i) the Website, the content and the Products offered will fully meet the user's expectations, (ii) that the Website will be uninterrupted and free from any error, nor that (iii) the Website will not contain any viruses;
- 10.3 The Buyer who has a personal website and who wishes to place a simple link directing it to the Seller's site must request authorization from the latter. In this case, it will not be an implicit affiliation agreement. Any hypertext link to the site and using the technique of framing or in-line or deep linking is strictly prohibited. In all cases, any link, even tacitly authorized, must be withdrawn at the Seller's simple request.
Article 11 Communication by e-mail and post
- 11.1 The Buyer consents to the Seller sending her/him electronic mail and postal mail, in particular for advertising, information and other purposes;
- 11.2 If the Buyer does not / no longer wish to receive e-mail and postal mail from the Seller, s/he can make a request to the Seller's customer service via the contact form or by email at firstname.lastname@example.org.
Article 12 Disputes
- 12.1 The contractual relations between the parties are subject to Belgian law;
- 12.2 Any dispute relating to this contract will be subject to the exclusive jurisdiction of the courts of Brussels.
Article 13 Nullity and scope
- 13.1 If one or more clauses of these General Terms and Conditions of Sales are held to be null or declared as such in application of a law, a regulation or following a final decision of a competent court, the other clauses will retain their full validity, strength and scope;
- 13.2 These General Terms and Conditions of Sales and the Order summary sent to the user form a contractual whole and constitute the entire contractual relationship between the parties.
Article 14 Modification
- 14.1 The Seller reserves the right to modify these General Terms and Conditions of Sales and will communicate the new version to the Buyers via the Website;
- 14.2 Only the General Terms and Conditions of Sales published on the Website at the time the Order is validated are applicable. The Buyer has the option of printing these conditions before or during the Order.
This version of the General Terms and Conditions of Sale dates from 05/11/2021.
Article 15 Contact information
If you wish to respond or if you have any questions about our General Terms and Conditions of Sales, please contact us via the contact form or by email at email@example.com or by post using the contact details below:
IBD Consulting SRL, Chaussée de Waterloo 593, 1050 Ixelles, Belgium