Terms of service
GENERAL TERMS AND CONDITIONS OF SALE
1. GENERAL PROVISIONS
The present general terms and conditions of sale aim to define the rights and obligations of the parties in the context of a sale (remote or otherwise) of childcare items offered by SRL OUATINE & CUMULUS, whose registered office is located at Avenue Reine Astrid 92, 1310 La Hulpe (Belgium) and which is registered with the Crossroads Bank for Enterprises under number 0830.898.139. E-mail: info@ouatine-cumulus.com. Telephone: 0478/57.88.56 (call costs will depend on your telephone provider). These general terms and conditions of sale, which are available on the website www.ouatine-cumulus.com, are the only ones applicable and replace all other conditions, except for prior, express, and written derogation. Ouatine & Cumulus may occasionally need to modify certain provisions of its general terms and conditions. These modifications come into effect from their online publication. Each purchase is governed by the general terms and conditions applicable on the date of the order.
2. OUR PRODUCTS
Ouatine & Cumulus takes the utmost care to ensure the accuracy of information relating to products for sale, particularly through technical descriptions and photos illustrating the products. However, should an error occur in this information, Ouatine & Cumulus cannot be held liable under any circumstances. Foreign buyers are responsible for verifying that their purchase complies with their national legislation. Ouatine & Cumulus cannot be held liable for any misuse or unjustified use that the buyer may make of the items acquired (such as, for example, improper washing instructions) nor for any material or personal damage caused to third parties by erroneous and/or illegal use of these items.
3. PRICES
Prices are those communicated at the time of placing the order and shown in the order summary. They are indicated in Euros, including VAT and excluding delivery costs. Transport costs will be charged additionally and clearly indicated in the order confirmation. Ouatine & Cumulus reserves the right to modify product prices at any time. Products will be invoiced based on the rates in effect at the time the order is registered. Ouatine & Cumulus occasionally organizes promotional offers, discounts, or other benefits. To benefit from these offers, the customer must enter the corresponding promotional code during their order and before its final validation. A customer can only benefit from one offer at a time and can only use one promotional code per order. In the event of an erroneous or manifestly derisory price display, for any reason whatsoever (technical or manual error, etc.), the order will not be valid.
4. ORDER
An order can only be registered if the buyer has clearly identified themselves. Any order form signed by clicking the order validation button on the website constitutes a commitment on the part of the buyer. The buyer accepts the prices and descriptions of the products shown on the order form. An electronic signature between the parties has the same value as a handwritten signature on a contract. By placing an order, the buyer explicitly signals their intention to conclude a sales contract, having read the general terms and conditions of sale and having accepted them without reservation. The sales contract between Ouatine & Cumulus, on the one hand, and the buyer, on the other hand, is formed at the time of order confirmation by Ouatine & Cumulus. The buyer is informed of the confirmation of their order by an e-mail summarizing the terms of the sales contract. Ouatine & Cumulus reserves the right to refuse an order or to subject it to additional conditions. Finally, the buyer agrees to receive invoices in electronic format.
5. AVAILABILITY
Ouatine & Cumulus undertakes to fulfill orders received within the limits of available stock. Should one of the ordered products not be available in our stock, we undertake to contact you by e-mail within 10 working days from the date of your order to inform you and to let you know the timeframe within which this product could, if applicable, be delivered to you.
6. PAYMENT TERMS
Payment of the full price is due upon placing the order.
The buyer agrees to pay the price stipulated for the order (price of products and transport). The delivery period only begins on the day the payment is received by the seller. Notwithstanding Article 1583 of the former Belgian Civil Code, Ouatine & Cumulus remains the owner of the sold products until the day of full payment of the principal amount and any late interest or damages. Failure to pay any installment may result in the repossession of the goods. In this event and upon first request, the buyer agrees to return any unpaid product, with all costs borne by them. In case of payment delay exceeding 30 calendar days from the due date of the relevant invoice, interest of 8% (on an annual basis) on the amount due will be charged from the 30th day of delay. Furthermore, a lump-sum penalty of 12% of the amount will be due to cover recovery costs. The same compensation will be due to the customer in case of proven breach of our contractual obligations.
7. EXECUTION DEADLINES
Ouatine & Cumulus undertakes to implement all reasonable means to fulfill your order within, in principle, 7 working days if you are a consumer. This period may be longer if the order is placed during a holiday period or if it comes from a professional buyer. In any case, this period will only begin to run from the receipt of your payment. To these order execution deadlines, provided for information purposes, must be added the transit time for delivery, which will be handled by a company separate from Ouatine & Cumulus. For this, subject to any mandatory legal provisions to the contrary that may apply if you are a consumer, Ouatine & Cumulus disclaims all liability in case of non-performance or improper performance.
8. TRANSPORT AND DELIVERY
Ouatine & Cumulus delivers throughout Belgium, Luxembourg, mainland France, and the Netherlands. Ouatine & Cumulus offers two delivery options: collection directly from our operational headquarters by appointment only, or home delivery, in accordance with the rates shown in the "Deliveries" section. Products are delivered to the address indicated by the buyer on the order form. It is the buyer's responsibility to provide an exact and precise delivery address. Any error in this regard is their sole responsibility and may incur additional costs. We cannot be held responsible for the impossibility of delivering the ordered items if the recipient's address is incorrect or incomplete. Similarly, Ouatine & Cumulus cannot be held responsible for any prejudice incurred by the buyer due to stock depletion or late delivery of an item. If the buyer is not present when the package is presented at the delivery address, a delivery notice will be left by the carrier in the recipient's mailbox to inform them. The buyer, with identification, must then collect their package from the post office indicated on the delivery notice. If the buyer has not been able to collect their package within the allotted time, it will be returned to Ouatine & Cumulus, and the buyer will then have to pay the delivery costs in effect at that date again. Products are transported at the customer's risk and peril, who will check their condition upon receipt and, if necessary, make any reservations to the carrier. Regardless of any reservations made by the buyer upon receipt of the product, the portion of the delivery delivered in good condition and in accordance with the order will be paid at the agreed price and according to the payment terms agreed upon at the time of the order. The buyer must also notify the seller in writing or by e-mail. If, within two calendar days after delivery, the buyer does not inform the seller of defects that can be noticed upon careful examination, the buyer accepts the goods delivered in their current state, and all claims expire after this period. The seller must be able to immediately inspect any claims made. The buyer agrees to give the seller the opportunity to rectify any defects at all times. The buyer forfeits all rights and powers available to them if they have not communicated their claims within the deadlines indicated above and/or if they have not given the seller the opportunity to rectify the defects and/or if they have not exercised the necessary diligence to discover the defects as quickly as possible. If the claim is justified in the seller's opinion, the seller will have the choice to either pay compensation up to the invoiced amount of the delivered goods, or to replace the delivered goods free of charge. The seller is not liable for any other damages or compensation, under any denomination whatsoever.
9. RIGHT OF WITHDRAWAL AND RETURN
The buyer has the right to return the merchandise to the seller, at their expense and without reason. They have 14 days to express their intention to return the goods to the company. Failure to comply with this deadline means the seller will no longer accept any claims or returns of merchandise. Items must be returned to the following address: Ouatine&Cumulus, Avenue Reine Astrid, 92 1310 La Hulpe, Belgium. Two exceptions: if the buyer is a consumer, regarding the supply of sealed goods (such as care products, for example) which cannot be returned for health protection or hygiene reasons, the buyer acknowledges and accepts that once unsealed after delivery, there is no right of withdrawal, in accordance with Article 16 (e) of European Directive 2011/83/EU of October 25, 2011 on consumer rights and Article VI.53.5° of the Belgian Code of Economic Law, or if it concerns the supply of goods made to the consumer's specifications or clearly personalized.
To do so, you must notify Ouatine & Cumulus of your decision to withdraw by means of an unambiguous statement (for example, a letter sent by post or e-mail). You may use the downloadable and printable form available at the following website: https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf. The goods must be returned to the Ouatine & Cumulus offices, accompanied by the order number, no later than 14 days after your decision. You are responsible for paying the direct costs incurred by the return of the goods yourself. If these conditions are met, Ouatine & Cumulus will refund the items that have actually been returned to them.
10. WARRANTY
Ouatine & Cumulus undertakes to implement all reasonable means to ensure the production of a quality product. If you are a consumer, you also benefit from a 2-year legal conformity guarantee for any manufacturing defect. However, if a product is found to be non-compliant with your order, you have a maximum period of 2 months from the day you noticed this non-conformity. We suggest you notify Ouatine&Cumulus of the return of the item. Once the shipment is received, our services will verify whether the product in question is indeed non-compliant with the order. In case of non-conformity, your product will be replaced as soon as possible.
11. FORCE MAJEURE
Circumstances such as strikes, fires, supplier delays, threat of war, lack of energy resources, supplier bankruptcy, pandemics, etc., are to be considered as cases of force majeure when they have the effect of delaying or making manufacturing or deliveries very difficult. The seller will not need to establish the unforeseeability, irresistibility of these circumstances, nor the impossibility of performing the contract. However, the seller will inform the buyer as quickly as possible of the occurrence of any of the circumstances referred to in the preceding paragraph. The seller reserves the right to extend any agreed execution and delivery deadline by a period equal to that during which the force majeure event has persisted. Likewise, if these events compromise the execution of the order under the stipulated terms, the seller reserves the right to terminate the contract without commitment or liability on their part.
12. INTELLECTUAL PROPERTY
Ouatine & Cumulus holds the intellectual property rights over its website, its catalog, its products, as well as all its other creations. Consequently, partial or total reproduction, on any medium whatsoever, of the elements comprising the site, products, catalog, and any other creation, their use, and their making available to third parties are strictly prohibited without the prior written consent of Ouatine & Cumulus.
13. LIABILITY
Ouatine & Cumulus is bound only by an obligation of means. Its liability cannot be engaged for damage resulting from the use of the Internet network, such as data loss, intrusion, viruses, service interruption, or other unintentional problems. Ouatine & Cumulus's liability is limited to the repair of direct, foreseeable, personal, and certain damage and cannot exceed the amount paid for the acquisition of the products. In any case, Ouatine & Cumulus will not be liable for any compensation for any claim whatsoever, unless it has been informed in writing of such a claim within 1 year from the moment the buyer became aware, or should reasonably have become aware, of an event or circumstances that give, or may give, rise to such a claim.
14. PERSONAL DATA
Ouatine & Cumulus processes personal data in accordance with its privacy policy, which is available on its website or upon request, and which the buyer hereby acknowledges having read.
15. PROFESSIONAL RESELLERS
If the buyer is a professional reseller, the products they purchase are exclusively intended for resale to final consumers. The buyer expressly undertakes not to resell them to other professional resellers. Furthermore, they must conduct their operations in compliance with applicable laws and regulations for all transactions involving Ouatine & Cumulus products. Also, as these are high-quality products, their marketing requires the use of specialized and qualified sellers who can provide consumers with the required information and usage advice. For any use and mention of the Ouatine & Cumulus brand and logo and its product ranges, the professional buyer must comply with the graphic charter and instructions by requesting them from info@ouatine-cumulus.com. Unless otherwise agreed in advance and in writing by Ouatine & Cumulus, sale to third-party "Marketplace" websites is not permitted, and it is only permitted via the buyer's own website if they also have a physical point of sale. The professional buyer undertakes not to offer for sale, even at a reduced price, any damaged or altered product, for whatever reason for this alteration, and they will take into account the price recommended by Ouatine & Cumulus, even though they retain the effective freedom to set their prices or grant discounts to their customers. A pack composed of several Ouatine & Cumulus products cannot be resold separately. Unless otherwise agreed in advance and in writing by Ouatine & Cumulus, a professional buyer does not benefit from any exclusivity, and no compensation of any kind whatsoever may be claimed if Ouatine & Cumulus decides to stop selling products to them, for any reason whatsoever.
16. DURATION
The offers on the site are valid as long as the related products remain online and until stocks are exhausted.
17. INVALIDITY
Should any of the clauses in these general terms and conditions of sale be null and void due to a change in legislation, regulation, or a court decision, this shall not affect the validity and enforceability of the other conditions in any way. The Parties undertake, in a spirit of good faith and constructively, and to the extent possible, to replace the null or inapplicable provision with a new provision that most closely approximates the economic interest of the original provision.
18. EVIDENCE
Computerized records, kept within Ouatine & Cumulus's IT systems under reasonable security conditions, shall be considered proof of communications, orders, and payments between the parties. The archiving of order forms and invoices is carried out on a reliable and durable medium that can be produced as evidence.
19. APPLICABLE LAW AND COMPETENT JURISDICTION
The contract is governed by Belgian law, without regard to its conflict of law provisions. In case of dispute, only the courts within the jurisdiction of our registered office shall be competent, without prejudice to our right to initiate proceedings before those located within the jurisdiction of the client's registered office or domicile. Finally, the European Commission provides consumers with an online dispute resolution platform https://ec.europa.eu/consumers/odr
(version February 2022)
