General terms and conditions of sale
Article 0. Definitions
- The seller is La Fabrique du Ciel Bleu.
- The site refers to the website www.lafabriqueducielbleu.be through which La Fabrique du Ciel Bleu presents and sells its products.
- The buyer refers to any person who visits the site and orders and pays for one or more products offered by La Fabrique du Ciel Bleu.
Article 1. Subject
The present general conditions of sale aim to define the contractual relations between the seller and the buyer. These conditions apply when the buyer makes any purchase through the seller's site. The confirmation of an order implies acceptance of these terms and conditions of sale, the acknowledgement of having perfect knowledge of them and the renunciation to avail oneself of one's own terms and conditions of purchase. The buyer also declares on the one hand that the purchase of products is not directly related to his professional activity and is limited to a strictly personal use and on the other hand to have full legal capacity, allowing him to commit himself under these terms and conditions of sale.
The buyer validates his order and clicks to proceed to the payment stage which is done via the online payment platform. Confirmation of payment forms the final conclusion of the contract. Upon validation, the buyer receives an order form confirming the registration of his order.
The seller reserves the right to modify at any time its general conditions of sale in order to comply with any new regulations or to improve its site. As a result, the applicable conditions will be those in force at the date of the order by the buyer.
Article 2. Products
The products offered are those that appear on the seller's website. Each product is manufactured following the buyer's order. The seller reserves the right to modify at any time the products offered for sale on the site.
Each product is presented on the site through a product sheet specific to it; including a description, one or more photos of the product as well as its main technical characteristics (composition, dimensions, use). The buyer undertakes to read carefully the information provided on the product sheet. The products that are the subject of the description sheet and presented in photos comply with the products sold. The prices displayed only include the products sold and do not include the decorative elements and objects presented in the photos or illustrations.
Article 3. Rates
The prices displayed on the site are expressed in Euros (€) and include the VAT applicable on the day of the order and all other taxes (VAT included). The prices paid by the buyer are those given on the site at the time of confirmation of the purchase. However, the seller reserves the right to modify its prices at any time. Delivery costs are not included in the prices displayed and will be invoiced in addition. The buyer will be informed of the total amount to be paid (price including VAT + delivery costs) before he validates his order.
Article 4. Retention of title
The seller retains full and complete ownership of the products sold until full payment of the price, in principal, costs and taxes included.
Article 5. Withdrawal
Scope of application
The right of withdrawal is valid for standard products.
According to article VI.47 to 53 of the Code of Economic Law, the buyer cannot benefit from the right of withdrawal if the product is made to measure or if the buyer is a professional. In these cases the buyer is informed at the time of ordering and agrees to waive his right of withdrawal.
The classification of the products (standard or made-to-measure) is indicated in the product sheets on the seller's website.
Withdrawal
Pursuant to Article VI.47 to 53 of the Code of Economic Law, the buyer has a period of 14 working days from the delivery of their order to exercise their right of withdrawal.
When the buyer wishes to benefit from his right of withdrawal, he must inform the seller before the expiration of the withdrawal period. To do so, the buyer may either use the model withdrawal form in Appendix 1 of these general terms and conditions of sale, or make an unambiguous statement by e-mail to sales@lafabriqueducielbleu.be.
Product returns
The buyer shall bear the costs of returning the products. The products must be returned in their original packaging and undamaged. The buyer is responsible for the correct return of the goods. In the event of damage, the seller will retain 50% of the sale value from the refund amount. The buyer shall return the goods to the seller without undue delay and at the latest within 14 days of his communication of return of the goods.
Unless there is deterioration, the Seller shall refund all payments received from the Buyer, including, where applicable, delivery charges, within 14 days of being informed of the Buyer's decision to return the Product(s).
Article 6. Delivery
Deliveries are made to the address indicated on the order form, which must be within the agreed geographical area. The buyer will be notified by e-mail of the delivery time announced by the seller. As the products are manufactured after the validation of the buyer's order, the delivery time depends directly on the number of orders in progress at the time the order is validated. If the seller cannot ship the products within a maximum of 30 days, the buyer will be notified and will give his agreement concerning a delivery time exceeding 30 days. In this case, no compensation can be claimed by the buyer in case of delivery beyond the 30 days. The risk of loss or damage to the products is borne by the buyer as soon as he takes physical possession of the products. However, if the customer wishes to be delivered by a carrier other than the one proposed by the seller, the risk of loss or damage is borne by the buyer as soon as the products are delivered to the carrier.
The buyer is obliged to check in the presence of the courier, the condition of the packaging of the goods and its contents on delivery. In case of damage during transport, any protest must be made to the carrier. If the products are not in conformity at the time of delivery, the buyer must immediately inform the seller.
Article 7. Customer Service
If the buyer wishes to contact the seller, he can do so by the following means:
- By the contact form accessible on the contact page of the site
- By email : sales@lafabriqueducielbleu.be
Article 8. Warranty
All products supplied by the seller are covered by the legal guarantee provided by the law on consumer protection in the case of the sale of consumer goods.
If the buyer finds a defect in the product during the period covered by the legal warranty, he must notify the seller. In case of non-conformity of a product sold, the buyer may return the product to the seller for repair or exchange at the seller's expense.
All complaints should be made using the contact form on the contact page of the website or by email to sales@lafabriqueducielbleu.be.
Article 9. Responsibility
All products supplied by the seller are covered by the legal guarantee provided by the law on consumer protection in the case of the sale of consumer goods.
If the buyer finds a defect in the product during the period covered by the legal warranty, he must notify the seller. In case of non-conformity of a product sold, the buyer may return the product to the seller for repair or exchange at the seller's expense.
All claims must be made through the contact form accessible on the contact page of the site or by email at hello@lafabriqueducielbleu.be.
Article 10. Intellectual Property
All the elements of the site are and remain the intellectual and exclusive property of the seller. The products sold on the site are artistic and original creations protected by copyright. It is therefore forbidden to reproduce or modify the products and elements of the site as well as to distribute or communicate them to the public. In this context, the products and elements of the site are intended for strictly private use.
Article 11. Personal data
The seller undertakes to preserve the confidentiality of the information provided by the buyer and that he would be led to transmit for the use of certain services. At any time, the buyer benefits from a free right of access, control and rectification of personal data concerning him/her in accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data. The buyer may request this at any time by email at the following address: data@lafabriqueducielbleu.be.
Article 12. Force majeure
The responsibility of the seller may not be called into question if the non-execution or delay in the execution of one of its obligations described in these general conditions of sale results from a case of force majeure. As such, force majeure is understood to mean any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
Article 13. Settlement of disputes
These general conditions are governed by Belgian law.
Any dispute relating to the formation, execution or interpretation of these general terms and conditions of sale, which cannot be resolved amicably, is subject to the exclusive jurisdiction of the courts of Brussels.
