Terms of service
GENERAL TERMS AND CONDITIONS
The purpose of the present general terms and conditions is to define the rights and obligations of the parties in the context of a sale (whether or not at a distance) of childcare articles by SRL OUATINE & CUMULUS, whose registered office is established at Rue Culée, 9 in 1380 Plancenoit (Belgium) and which is registered with the Belgian Crossroads Bank for Enterprises under the number 0830.898.139 These general terms and conditions, which are available on the website www.ouatine-cumulus.com, are the only ones that apply and replace all other conditions, except in the event of prior, express and written derogation. Ouatine & Cumulus may from time to time modify some of the provisions of its general terms and conditions. These modifications come into force as soon as they are posted online. Each purchase is governed by the general terms and conditions applicable on the date of the order.
2. OUR PRODUCTS
Ouatine & Cumulus takes the greatest care to ensure that the information on the products on sale is correct, in particular by means of technical descriptions and photos illustrating the products. If, however, an error should occur in this information, Ouatine & Cumulus cannot be held responsible. Foreign buyers are required to check that their purchase complies with their own national legislation. Ouatine & Cumulus cannot be held responsible for the wrong or unjustified use of the articles purchased by the buyer (e.g. improper washing) or for any material or physical damage caused to third parties by the wrong and/or illegal use of these articles.
The prices are those communicated at the time the order is placed and are listed in the order summary. They are indicated in Euros, including VAT and excluding delivery costs. Transport costs will be invoiced in addition and clearly indicated in the order confirmation. Ouatine & Cumulus reserves the right to modify the prices of products at any time. The products will be invoiced on the basis of the prices in force at the time the order is registered. Ouatine & Cumulus temporarily organizes promotional offers, discounts or other benefits. To take advantage of these offers, the customer must insert the corresponding promotional code when ordering and before 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 obviously derisory price being displayed, for whatever reason (technical or manual error, etc.), the order will not be valid.
The order can only be registered if the buyer has clearly identified himself. Any order form signed by clicking on the order validation button on the website is binding on the buyer. The buyer accepts the prices and descriptions of the products listed on the order form. An electronic signature between the parties has the same value as a handwritten contract signature. By placing an order, the purchaser explicitly indicates that he wishes to conclude a sales contract, that he has read the general terms and conditions and that he accepts them without reservation. The contract of sale between Ouatine & Cumulus and the buyer arises upon confirmation of the order by Ouatine & Cumulus. The buyer is informed of the confirmation of his order by an e-mail that summarizes 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.
Ouatine & Cumulus undertakes to honor orders received within the limits of available stocks. In the event that one of the products ordered is not available in our stocks, we undertake to contact you by e-mail within 10 days from the date of your order in order to inform you of this and to indicate to you the time frame in which the product could, if necessary, be delivered to you.
6. PAYMENT TERMS
Payment of the full price is due upon placing the order. The buyer undertakes to pay the price stipulated for the order (price of the products and transport). The delivery period shall only begin on the day of receipt of payment by the seller. In derogation of article 1583 of the former Belgian Civil Code, Ouatine & Cumulus remains the owner of the products sold until the day of full payment of the principal and any late interest or damages. Failure to pay any of the instalments may result in the goods being reclaimed. In this case, and upon first request, the buyer undertakes to return any unpaid product, at his own expense. In the event of late payment of more than 30 calendar days from the due date of the invoice concerned, interest of 8% (on an annual basis) on the amount due will be charged from the 30th day of delay. In addition, a fixed fine of 12% of the amount shall be payable to cover the collection costs. The same compensation will be due to the customer in case of a proven breach of our contractual obligations.
7. COMPLETION TIMES
Ouatine & Cumulus undertakes to use all reasonable means to complete your order within 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 start to run once we have received your payment. In addition to these order processing times, which are given as an indication, there is the delivery time, which will be provided by a company other than Ouatine & Cumulus and for which, subject to mandatory legal provisions to the contrary that may apply if you are a consumer, Ouatine & Cumulus declines all responsibility in the event of non-performance or poor performance.
8. TRANSPORT AND DELIVERY
Ouatine & Cumulus delivers throughout Belgium, Luxembourg, mainland France and the Netherlands. Ouatine & Cumulus offers two delivery options: direct collection from our head office by appointment only, or home delivery, in accordance with the rates set out in the "Deliveries" section. The products are delivered to the address indicated by the buyer on the order form. It is the responsibility of the buyer to provide an accurate and precise delivery address. Any error in this respect is the sole responsibility of the buyer and may result in additional costs. We cannot be held responsible for the impossibility of delivering the ordered items if the recipient's address is false or incomplete. Similarly, Ouatine & Cumulus cannot be held responsible for any damage incurred by the buyer as a result of the exhaustion of stocks or the late delivery of an article. If the buyer is not present at the time of the presentation of the parcel at the delivery address, a notice of passage will be left by the carrier in the recipient's mailbox to inform him. The buyer, with an identity document, will then have to claim his parcel at the office indicated on the delivery notice. If the buyer is unable to collect the package in time, it will be returned to Ouatine & Cumulus and the buyer will have to pay the delivery charges in force at that time. The products travel at the customer's own risk, and the customer must check their condition on receipt and, if necessary, make any reservations to the carrier. Regardless of the 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 shall be paid for at the price agreed and according to the payment terms agreed upon at the time of the order. The buyer must also notify the seller of this in writing or by e-mail. If the buyer does not inform the seller within two calendar days after delivery of any defects that may be found after careful examination, the buyer shall accept the goods delivered in the condition in which they are found and any right of complaint shall expire after this period. The seller must be given the opportunity to check the complaints made immediately. The buyer undertakes to give the seller the opportunity to remedy any defects under all circumstances. The buyer shall lose all rights and powers at his disposal if he has not notified his complaints within the above- mentioned time limits and/or if he has not given the seller the opportunity to remedy the defects and/or if he has not given the necessary attention to discover the defects as soon as possible. If the complaint is justified in the eyes of the seller, the seller shall have the option of paying compensation amounting to a maximum of the invoice value of the goods delivered, or replacing the goods delivered free of charge. The seller shall not be obliged to pay any other damages or compensation of any kind.
9. RIGHT OF WITHDRAWAL AND RETURN
If the buyer is a consumer, in the case of the supply of sealed goods that cannot be returned for reasons of health protection or hygiene, the buyer acknowledges and accepts that, once unsealed after delivery, there is no right of withdrawal in accordance with Article 16(e) of the European Directive 2011/83/EU of 25 October 2011 on consumer rights and Article VI.53.5° of the Economic Law Code. If, on the other hand, the delivered goods have not been unsealed, you have a period of 14 days to withdraw from the contract, starting from the day on which you took physical possession of the goods concerned. 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). The unsealed goods must be returned to the offices of Ouatine & Cumulus, together with the order number, within 14 days of your decision. You are responsible for paying the direct costs of returning the goods. If these conditions are met, Ouatine & Cumulus will reimburse you for the items that have actually been returned, as well as for the standard delivery costs that you would have paid for the initial shipment of these items, in principle within 14 days of your decision to withdraw. However, this refund may be deferred until the goods have been collected or until you have provided proof of shipment of the goods.
Ouatine & Cumulus undertakes to use all reasonable means to ensure that it produces a quality product. If you are a consumer, you benefit from the legal guarantee of conformity for the goods ordered. If a product is deemed not to conform to your order, you have a maximum period of 2 months from the date on which you noticed the lack of conformity. Also, any return must be subject to prior agreement with Ouatine & Cumulus, in accordance with the following procedure: (1) Contact by e-mail to email@example.com to report the observed lack of conformity. On this occasion, if necessary, you will receive a return number to be indicated on your shipment. (2) You must then return the product to the offices of Ouatine & Cumulus, together with its return number. (3) Once the shipment has been received, our services will check whether or not the product in question does not conform to the order. In the event of non-conformity, your product will be replaced as soon as possible and your shipping costs will be reimbursed according to the current postal rate.
11. FORCE MAJEURE
Circumstances such as strikes, fires, delays by suppliers, danger of war, lack of energy resources, bankruptcy of suppliers, pandemic, etc. shall be considered as force majeure if they have the effect of delaying or making very difficult the production or delivery. The seller shall not have to establish neither the unforeseeability nor the irresistibility of these circumstances nor the impossibility of performing the contract. However, the seller shall inform the buyer as soon as possible of the occurrence of any of the circumstances referred to in the previous paragraph. The seller reserves the right to extend any agreed performance and delivery period by a period equal to the period during which the force majeure has continued. Likewise, if these circumstances jeopardize the execution of the order in accordance with the agreed terms, the seller reserves the right to terminate the agreement without any obligation or liability on its part.
12. INTELLECTUAL PROPERTY
Ouatine & Cumulus holds the intellectual property rights to its website, catalogue, products and all other creations. Consequently, the partial or total reproduction, on any medium whatsoever, of the elements making up the website, the products, the catalogue and any other creation, their use and their provision to third parties are formally prohibited without the prior written consent of Ouatine & Cumulus.
Ouatine & Cumulus is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, disruption of service or other involuntary problems. Ouatine & Cumulus's liability is limited to compensation for direct, foreseeable, personal and certain damage and may not exceed the amount paid for the products. In any case, Ouatine & Cumulus will not be liable for any compensation due to any claim whatsoever, unless it has been informed in writing of such a claim within 1 year of the moment when 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
15. PROFESSIONAL RESELLER
If the buyer is a professional reseller, the products purchased are exclusively intended for resale to end consumers. The buyer is expressly prohibited from reselling them to other professional resellers. Furthermore, he must conduct his operations in compliance with the laws and regulations applicable to all transactions envisaged with Ouatine & Cumulus products. Also, as these are high quality products, their marketing implies the use of specialized and qualified sellers who can provide the required information and advice on use to consumers. For any use and mention of the Ouatine & Cumulus brand and logo and its product ranges, the professional buyer must respect the graphic charter and instructions by making a request to firstname.lastname@example.org. Unless otherwise agreed in advance and in writing by Ouatine & Cumulus, sales to third parties such as "Marketplace" websites are not permitted and are only permitted via the buyer's own website if the buyer also has a physical sales outlet. The professional buyer is prohibited from offering for sale, even at a reduced price, a defaced or altered product, regardless of the reason for this alteration, and will take into account the price recommended by Ouatine & Cumulus, even if he retains the effective freedom to set his prices or to grant discounts to his customers. A package consisting of several Ouatine & Cumulus products may not 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 can be claimed if Ouatine & Cumulus decides to stop selling products to him, for any reason whatsoever.
The offers contained on the site are valid as long as the products concerned remain online and while stocks last.
In the event that one of the clauses of these general terms and conditions should be null and void due to a change in legislation, regulations or a court decision, this shall not affect the validity of and compliance with the other conditions. The parties undertake, in a fair and constructive spirit and as far as possible, to replace the clause with a new provision that comes as close as possible to the economic interest of the invalid or unenforceable provision.
The computerised registers, kept in the computer systems of Ouatine & Cumulus under reasonable security conditions, will be considered as proof of communication, orders and payments between the parties. Order forms and invoices will be archived on a reliable and durable medium that can be produced as proof.
19. APPLICABLE LAW AND JURISDICTION
The contract is governed by Belgian law, without regard to the provisions on conflict of laws. In the event of a dispute, only the courts within the jurisdiction of our registered office shall be competent, without prejudice to our right to bring proceedings before those within the jurisdiction of the customer's registered office or domicile. Finally, the European Commission provides consumers with an online dispute resolution platform https://ec.europa.eu/consumers/odr
(February 2022 version)