Terms and Conditions of Sale Shopplanets.com
Article 1 - Purpose and Scope
1.1. The present General Terms and Conditions (the "Terms") determine the rights and obligations of the parties in connection with sales of products (hereinafter the "Products") via the Internet site Shopplanets.com (available at the address in www.shopplanets.com Belgium - hereinafter the "Site"), the Belgian, Dutch and Luxembourg territory. Current Conditions manage all sales of products carried on the Site.
1.2. The General Conditions are concluded between, the partners Shopplanets.com (the online store holders Shopplanets.com) individually in each online store Shopplanets.com clearly stated, hereinafter referred to as "Seller" and, secondly, the person wish to view the site and wish to carry out a purchase, hereinafter called the Customer (Buyer) ". Buyer and Seller are hereinafter collectively the "Parties". The Parties agree that their relations will be exclusively governed by these Terms, except any individual conditions that are available at every online store in the Internet domain "shopplanets.com".
1.3. Any order of a product offered on the Site (hereinafter the "Order") requires prior consultation and express acceptance by Member of the General Conditions, without such acceptance, however, one condition is a written signature (because the buyer).Pursuant to the Act of 9 July 2001 laying down certain rules regarding the legal framework for electronic signatures and certification services, it is recalled that the ratification of the order as specified in Article 5 of the Terms of an electronic signature constitutes that, between the Parties, the same value as a handwritten signature and the integral of the order and the payment of the amounts due execution of the said order shows.
1.4. The General Conditions cover at an exclusive title only Buyers, individuals who are not traders. The buyer that a product on the site wish to purchase, agree completely legal to have legal capacity. Any person who by law been disqualified under Article 1123 and following of the Civil Code, can in no way purchases on the Site, or should do so through an intermediary, and under the responsibility of his legal representative, identified in accordance with Article 2 of the General Conditions. This legal representative is obliged to comply with the Terms.
Article 2 - Description and Availability of Products
2.1. To sell the products offered are those located on the site, describing their essential characteristics, the specific day and time the website is consulted by the purchaser, and within the limits of available stock. Seller shall use all reasonable means to ensure availability of products in real time on the site to display but can not be held liable for the fulfillment of an order from the buyer if a product no longer be available. In case of unavailability of any of the Products ordered, the buyer will be informed about it and he will have the opportunity either to modify his order, or to cancel, in which case the amount of his order, he will get paid if he already paid him.
2.2. Images, text and other descriptive elements that illustrate the Products are not part of the contractual matters. If these images and / or text would be displayed incorrectly, the liability of the Seller is not jeopardized. The latter undertakes best efforts in order as quickly as possible errors or omissions to improve once he was informed about this.
Article 3 - Purchase and Preparation and delivery costs
3.1 Purchase of a product
The price of each product is displayed on the Site (the "Purchase Price") in euros, VAT included. This price applies in Belgium, Netherlands and Luxembourg and does not include the preparation and delivery costs, also be borne by the buyer, just like any discount or purchase to the buyer in a personal capacity reduction is awarded the prize. The Seller reserves the right to change its prices at any time to change, but the products will be invoiced based on the applicable Purchase Price at the time of confirmation of the order, and subject to availability.
3.2. Preparation and delivery costs
In order to connect the buyers in addition to the Purchase price of the ordered product preparation and delivery costs (the "Fees") payable. These costs vary depending on the type and quantity of the products ordered and the delivery method chosen, and are VAT inclusive. The buyer, the amount of these costs refer to the site by clicking on "Shopping", where a calculation of the total amount is displayed corresponding to the Purchase of Products with the costs. On the online store reserves the right to the amount of the fee at any time to change, but the costs will be billed based on the prevailing rates at the time of confirming the Order, subject to availability. These charges remain due and no reimbursement to the buyer if the entire order or part of returns under his right under Article 8 of the General Conditions.
Article 4 - Ordering Procedures
4.1. To order from the buyer to perform an online shopping section of the site going, where the necessary information to give up his identification, including its name, first name and delivery address. The Seller can not be held liable for the consequences of disclosure of wrong information. After the order, return the buyer invited the ordering process to close by clicking on "Order forward" so the buyer agree completely and without reservation the integrality of the General Conditions to accept his order definitively confirms and undertakes the integral of the total amount due, either the Purchase Price, plus costs, and less any receipts.
4.2. Seller shall confirm each order by sending an email to the buyer to the buyer by the specified email address within 24 hours after the order (the "Order Confirmation"). The Order Confirmation will include the date of the Order, the ordered product, its purchase price, plus costs, delivery address and specify modalities. The data stored by the Seller, as well as the confirmation of the Order to the proof of the contractual relationship established between the Parties.
4.3. The Seller reserves the right to cancel any order or delivery in case of (i) existing litigation with the buyer, (ii) non-payment of the total amount or a portion thereof to a previous order or (iii) refusal the banks of admission to pay by credit card. In this case, the liability of the Seller under no circumstances be compromised.
4.4. After having carried out an order, the purchaser at any time as long as the preparation of the package (s) of ordered product (s) for delivery was not started, cancel the order from the menu to "My Orders" to go and Clicking on "Cancel". The Order will be canceled immediately, and either cancel the request for payment, if payment has not been performed, or will the buyer the full purchase price and expenses are recorded refunded if already paid. After delivery of (the) Product (s), the buyer can not cancel the order, but he can use his right of withdrawal, under the conditions described in Article 8 of the General Conditions.
Article 5 - Payment Methods
Payment of purchases made by one of the specified payment options provided by the seller. In the confirmation of the Order, the buyer chooses one of the proposed payment. The buyer gives the name on his credit card, the card number, expiration date and control number. Some issuing banks may require an additional signature on the type of Digipass. The validity of the payment or not confirmed after verification with the issuing bank. If the payment is confirmed, the depreciation take place after the billing of the Order, and upon the terms agreed with the bank that issued the card. (S) of Product (s) remain the property of the Seller until full payment of the Purchase Price and the Costs of the Order were indicated.
Article 6 - Delivery
6.1. The delivery is performed by the Seller, all over Belgium, Netherlands and Luxembourg. Upon delivery, a sales invoice is delivered to the buyer. (Each individual invoicing by the vendor of the online shopping scene). In the confirmation of the Order, the buyer has the choice between different modes of delivery, or a delivery to a specific address (residence location, job or other - only in Belgium and Luxembourg), or a delivery on one of the bpost offices (across Belgium).
If the buyer chooses to supply a given address, the Seller shall use its best efforts to ensure that the order is sent to that address within a few days after the confirmation of the Order. The delivery address that will offer between 8 hours and 18 hours during weekdays, and will or parcel (s) to the consignee or any other person present at that address hand. In case of absence, a message will be left in the mailbox of the specified address. It is the buyer the delivery person to contact to a new delivery date agreed. If the buyer no new supply controls within 3 weeks from the confirmation of the Order, or if he is absent from this new delivery, the order will automatically be returned to the Seller, then contact will take the buyer to the arrange delivery of the Order.In that case, additional delivery costs demanded by the purchaser.
If the buyer chooses a delivery at an office bpost, Seller is the best possible effort to ensure that the order is sent to the chosen location within a few days after the confirmation of the Order. The buyer will be informed of the availability of the parcel (s) on the bpost offices through the confirmation of the Order chosen communication (email, sms or telephone). The buyer then has a period of 14 days to pick up his parcel on bpost office, he must prove his identity. After this period the Order will automatically be delivered to the Seller who will contact the buyer to take delivery of the Order to arrange. In that case, additional delivery costs demanded by the purchaser.
6.2. The transfer of risk to the buyer place at the time of delivery. Each delivery is deemed to be consummated when the Product is made available by the delivery method chosen by the buyer, ie either to the chosen delivery address or bpost office. The control system used by the Deliverer or bpost office is proof of posting.
6.3. It is the buyer to check the shipments upon their arrival and to formulate any reservations or complaints would seem justified, or even to refuse the package if it could have been opened or obvious signs of damage. The aforementioned reservations and complaints about the delivery of products should be addressed directly to the carrier by registered letter with acknowledgment within 3 working days following the delivery of products, which copy to the Seller.
Article 7 - Right of withdrawal and return procedures
7.1. If any of the Site purchased items not suitable for the buyer, he has a period of fifteen (15) calendar days, counting from the day following the delivery, to abandon his purchase, without payment of a penalty and without giving any reason, according to European and national laws that apply to the General Conditions (1). Within this period, the buyer to the seller his intention communicate to make use of his right, by accessing its orders under the heading "Orders", and the consultation page of the details, click on "A Return Request" to a return code to get and print the return form.
The buyer will e-mail to the address that at his accession have provided a return code received that he will have to fill out the return form available under "Orders", starting from the page containing the details of the Order shows . This return form must complete, sign and return the package to embed it.
Counting from the buyer's intention, expressed to all or part of his order to return, he has a period of 10 calendar days to return the Products to the Seller. Failure to respect this deadline, the buyer will be deprived of his right, and should proceed to pay his Order.
7.2. The return to Seller shall be according to the following address of the Seller, except in case of absence of instructions communicated to the copper, and by what means of transport also chosen by the buyer, which the proof of dispatch should be retained). The costs and risks associated with the return shipment are borne by the buyer. To send a return, the buyer may also, return the package in an office of bpost and proof of deposit to obtain bpost office.
7.3. If the buyer his right exercises under the terms agreed in the previous section, the seller undertook to him the purchase price to be paid, if already paid, at the latest within thirty (30) days from receipt of the Vendor returned package. Also remain Preparation and delivery charges payable even in case of full return of the package.
This reimbursement will be in the following manner:
If the buyer a credit his order has been paid, after checking the returned items, a credit carried on the credit card used by the purchaser against the purchase price of returned items, subject to deduction of the amounts due or to purchase vouchers or discounts used to the Order to pay. The refund to the purchaser will be done according to the bank that issues the card agreement terms. If the purchaser by another payment wise paid, the refund by bank transfer to the account number listed on the teruggavenbon performed. There would be no valid account number on the teruggavenbon mentioned, the refund will be performed by the Seller in the form of a voucher, valid on your next purchase at the individual site of the seller's shop network planets.
7.4. The buyer will not exercise this right of withdrawal if the delivered products apparently have been the subject of sustainable use (more than a few minutes), if it were damaged or missing parts. Products must be well protected returned in their original packaging, in perfect state of resale (not damaged by the client, battered and stained) together with all accessories, instructions for use and documentation. This to the above address, together with the original sales invoice, the buyer retains a copy. Failing this, the products can not be reversed. Also can not be returned, the parcels for which no embedded element allows to identify the sender (return number, order number, name, surname, address). The returned items that can not continue to be accepted at the address of the Vendor, and made available to the buyer who is obliged to take them back and pay them. In case of abnormal returns or the abuse of rights, the seller reserves the right to refuse a subsequent Order.
Article 8 - Warranty
8.1. The buyer has the legal guarantee of Articles 1649 bis and following of the Civil Code, for any lack of conformity of his article current at the time of delivery if the consumer did not know whether the defect is not reasonably aware of should at the time of concluding the contract, and if it becomes apparent within a period of two years from delivery. In that case, the buyer or the replacement of the article requirements without cost, and within a reasonable period within the limits of availability of comparable products, or an appropriate reduction of the purchase price or rescission of the contract requirements, in accordance with statutory foreseeable conditions. The buyer may not demand the dissolution if the inconsistency is minor. It will also take into account the use which the purchaser of the article has had since its delivery.
8.2. The buyer must notify Seller in writing of his intention to use the statutory guarantee, at the latest within two months following the date on which the defect was found. The return cost of non-corresponding article shall be borne by the Seller, if the return takes place either on a bpost office, or through other parcels from Belgium. These costs can be credited by returning a purchase, to invoke a further order, or may be part of any refund.
8.3. The guarantee does not apply to:
- Normal wear and tear of certain articles;
- Faults and damages caused by failure of the buyer.
All requests for information or questions, the buyer can contact the customer by the Seller through a contact form under the heading "Contact".
Item 9. - Protection of privacy with respect to processing of personal data
9.1 The Seller collects personal information about the buyers, they have informed him on the Site. He undertakes not to disclose information to third parties. These data are confidential. They will only be through internal services used to process orders or with a view to strengthening or personalize the communication, especially through letters / emails as well as information in connection with the embodiment of the site and in office the preferences established by the buyers.
9.2. The Seller sells not so, no sells and rents the information regarding its customers not to others. In case of transfer or use of personal data by third parties, the seller undertakes to inform the buyers in advance in order to allow him to exercise his right of objection. The Seller may also consolidated statistics provide confidence to parties regarding its visitors, sell, exchange structures regarding information on the Site, but these statistics should not contain any personal data. Present article can not transition or transfer of activities to prevent third.
9.3. Accordance with European and national laws that apply to the General Conditions (2), the buyer may have right to access the file and are improving right to him regarding information uitoefenen through the section "Personal Information" from the "My Account". He can exercise his right of removal from the site to go under the heading "Contact" with "I want to unsubscribe" and indicate address, e-mail, name, first name, postal address it.
9.4. The Site uses cookies. A cookie is a data file stored on the hard disk of the micro-computer of the visitor. Cookies are used, the service offered to the visitor to personalize. The visitor has the option to refuse cookies from its internet browser to set. He loses the possibility of service provided by him Shopplanets.com personalize.
9.5. Some pages of the Site may occasionally contain electronic images or "templates" which allow the number of visitors to the web page count. These allow us to collect statistics on the regularity of visits by some of Planets Shop pages, and this in order to better serve visitors.
Article 10 - Liability
Shopplanets.com is only responsible for all steps of accessing the Site, to many of the digital service of process to allow purchases make to its customers: the online stores. Each individual online store is responsible for his own orders, the delivery or services later. The liability of the shop Planets can not be compromised for inconvenience or damage inherent in the use of the Internet network, especially a service interruption, an intrusion from the outside or the presence of computer viruses, or any fact qualified as force majeure. In any case, the liability of Shop Planets, according to General Conditions, an amount equal to the amounts paid or payable in the transaction at the origin of that liability does not exceed what the cause or form of the exposure in question.
Article 11 - Intellectual property
All elements of the Site, or visual sonorisch, including the underlying technology, are protected by copyright, trademark and patent law and intellectual property more generally as the law concerning databases. Visitors in a personal capacity on a website and who on his own site, for personal use, one wishes to make links directly to the Site, should be required before admission to Shopplanets.com questions. It will then not be an implicit agreement of accession. By contrast, any hypertext link that returns to the site using the technique of framing or in-line or deep link is strictly forbidden. In any case, every link, even tacitly authorized, will be removed only at the request of the Shopplanets.com.
Article 14 - Contact and general litigation
In case of questions about his purchase, the buyer has the option to contact the Seller through the opportunity of the forms under the heading "Help & Contact" on the individual website of the seller of that product or directly from the address :
This email address is being protected from spambots. You need JavaScript enabled to view it.
. Shopplanets.com committed to the buyer and turn him back an answer to his question delivered by the appropriate vendor in a maximum time limit of five working days.
Article 15 - Applicable law - Jurisdiction
The General Conditions are governed by Belgian law. In case of dispute, will search for an amicable solution before any legal action. In the absence of amicable settlement, the courts of the judicial district of individual vendors sole responsibility.
Article 16 - Nullity and integrality
If one or more provisions of the Terms to be invalid or held so declared in the application of a law, regulation or following a final decision of a competent jurisdiction, all other terms of their strength and scope.
The General Conditions and the summary of the order transferred to the buyers make a contract completely and contain the integrality of the contractual relations that have taken place between the Parties. In the event of any conflict between these documents, the General Conditions shall prevail.
Article 17 - Evidence
The computer records, kept in the computer systems of Shopplanets.com and its partners within reasonable limits of safety, will be considered as evidence of the exchanges, orders and payments between parties.
Article 18 - Amendment
Shopplanets.com reserves the right to change the Terms at any time to modify the new version to inform the visitors through the Site.
(A) (i) Directive 97/7/EC of the European Parliament and the Council of 20 May 1997 on the protection of consumers in distance contracts, and the national legislation implementing the Directive (Articles 78 and following of the Act of 14 July 1991 on trade practices and consumer information and consumer protection, the Dutch Act of February 1, 2001 for the purchase or distance and the Luxembourg law of 16 April 2003 on the protection of consumers on contracts or distance) and (ii) Directive 2000/31/EC of the European Parliament and the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market and the national legislation transposing this Directive.
(2) Directive 95/46/EC of the European Parliament and the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and the national legislation implementing thisDirective (the Belgian law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the Dutch Act of 6 July 2000 laying down rules on the protection of personal data and the Luxembourg Law of 2 August 2002 on the protection of individuals against the processing of personal data)
