General terms of sale

Art. 1 These general terms and conditions of sale exclusively govern all contractual relationships between Aroma-zen SPRL (hereinafter referred to as the Company) and the client. The client’s general or specific terms and conditions shall not apply to the Company. Signature of any contract or order (hereinafter referred to as the Contract) by both parties, either on paper or electronically, shall automatically be deemed to signify the client’s agreement to these general terms and conditions. Exceptions to these may only be made by specific terms and conditions indicated in the order or concluded by written agreement.

Purpose of the Website www.aroma-zen.com

Art. 2 The merchant website www.aroma-zen.com (hereinafter referred to as the Website) is an electronic commercial website on the internet published by the Company and open to all users of this network and clients. All products and goods offered on the Website are referred to hereinafter as the “Merchandise”.

The legal capacity of the client

Art. 3 The client who wishes to make a purchase using the Website declares that he is legally in a position to conclude a contract on the Website and, where the purchase is made by a commercial firm, the Website user declares that he is in a position to bind the commercial firm.

The images, information and other content on the Website

Art. 4 The images, texts, graphics, information and features illustrating the Merchandise or any other element of the Website are protected by copyright and in general terms by the principles of the intellectual property law. They may not be copied, modified, used on another website, or published in any form whatsoever without the prior written consent of the Company. They have no contractual force and are only provided as an indication in order to help the client to make a choice. Consequently, the Company shall have no liability for any errors or omissions therein.

Art. 5 The information on the Website does not constitute a recommendation in relation to preventive or curative treatment, or a prescription or diagnosis, and is not to be considered as such. Only a doctor or healthcare professional is able to assess adequately the health of the client or Website user. Consequently, and in accordance with Art. 28 below, the Company accepts no liability for the content or goods and services which may be offered, or for their compliance with legal or regulatory requirements, or for other third party websites to which a link is offered on the Website.

Art. 6 The Company may not be held liable for any damage to the client’s computer by a virus on the internet, damage due to incorrect use of the Website, the unauthorised reproduction and use of any part of the Website, or the interception of data by hacking.

Merchandise

Art. 7 Unless agreed otherwise in the order, the merchandise and services are produced or provided in compliance with the standards in force in Belgium and the European Union and the specifications contained in the order.

Order and confirmation of the order

Art. 8 On receipt of each order, the Company shall send the client an order confirmation by email. The sale shall be concluded and shall be binding on the Company on receipt of payment in full and confirmation of the order by email. Only the terms of sale and delivery specified in the electronic purchase order and confirmation thereof, including these general terms and conditions, shall be binding on the Company.

Cancellation of the purchase by the client and return of the merchandise

The client shall have a period of 14 working days in which to return, at his cost, the merchandise ordered, without penalty and without having to give a reason therefor. Such period shall begin on the day following delivery of the order. The merchandise is to be returned to the address given on the contact page of the Website and is to be in a complete, unused state in the original packaging, together with any accessories, directions for use and documentation. Proof of posting must be obtained. If the above conditions are satisfied, the Company shall reimburse the client within thirty (30) days of receipt of the package by the Company (with the date of receipt by the Company serving as notification to the Company of the client’s exercise of his right of cancellation), but the client shall, however, bear the costs paid by him, excluding the cost of the initial consignment, and the cost of the return of the merchandise. The following shall not be accepted as returns:
  • Merchandise damaged or soiled by the client
  • Merchandise that has been opened, used or consumed
  • Merchandise not in its original packaging
  • Merchandise that is incomplete or missing its directions for use or application or its accessories
  • Merchandise damaged by negligence or incorrect use or repaired by third parties or the client himself.

Merchandises returned in such condition shall not be reimbursed but shall be kept at the Company’s office for the client to collect.

Invoicing, prices and payment terms

Art. 9 Payments must be made in euros by bank transfer or cheque, or by secure payment via the internet. Payments must be made in advance.

Art. 10 The prices shown on the Website or in catalogues and brochures are indicative only. The Company reserves the right to amend its prices at any time. Only the prices on the invoices shall be binding.

Art. 11 The prices do not include carriage, carriage insurance, packaging, VAT or any other taxes, duties, dues or costs not specifically mentioned on the order.
Delivery costs are shown on the order confirmation and are to be added to the cost of the merchandise purchased, unless the Company has offered free delivery.

Art. 12 Claims relating to invoices must reach the Company within 8 calendar days of receipt of the invoice.

Delivery

Art. 13 Subject to the provisions contained hereinafter, the merchandise shall be dispatched within the time specified in the confirmation and shall be sent by standard post or by courier.
Such periods begin from receipt by the Company of payment in full.

Art. 14 The periods for fulfilment of the Company’s obligations are purely indicative, having regard in particular to stock availability, manufacturers’ constraints, delay or non-performance by the Company’s suppliers and subcontractors, holidays, cases of force majeure. The Company may only be held liable if the delay is significant and attributable solely to serious and deliberate fault on its part.
The Company does not accept liability in the case of significant delay attributable the postal service or courier, or in the case of loss, deterioration or theft of merchandise ordered during carriage, or to a strike affecting the postal service or courier.
The Company shall not be responsible for any delivery problem resulting from a mistake by the client in his delivery information.
The client may not refuse the merchandise, claim compensation or cancel the order due to a delay in delivery for which the Company is not responsible or to a delay considered reasonable, except with the express agreement of the Company in view of the circumstances, in which case the Company shall send the client a gift voucher.

Art. 15 If the client is not present on delivery of the package and does not collect it during the period when it is available, the client shall bear the costs of renewed shipment.

Art. 16 Any change to the initial agreement requested subsequently by the client shall incur an additional charge and may increase the time required for delivery or provision of the service.

Stock shortage

Art 17 In the event of a stock shortage, the client shall be notified at the latest on the delivery of the order. He will be invited to order a similar item or items of equal value or may ask the Company for reimbursement.

Guarantees

Art. 18 Once the merchandise has been received, the client must test it within 14 days and specify in writing the precise details of any apparent defects and non-conformities in the merchandise, i.e. any defects that the client may discover or is in a position to discover by serious and careful examination. After the 14-day period has expired, any apparent defects and non-conformities shall be deemed to have been accepted by the client. The client may not refuse the merchandise for trivial or minor reasons.

Art. 19 In the case of a claim by the client, he must describe the problems found in detail. Unless agreed otherwise by the parties, he must send the defective or non-conforming merchandise to the Company by appropriate means at his cost. The return, exchange, reimbursement or gift voucher shall only be applicable to merchandise sent back to the Company, that is still complete, in its original state and accompanied by the original invoice, unless agreed otherwise by the parties.

Art. 20 The Company’s liability is strictly limited to taking all appropriate measures that it considers useful or necessary to compensate for, correct or repair the defects, within a reasonable period of time.

Art. 21 This shall apply solely to manufacturing and design defects for which the Company is wholly and exclusively responsible.

Art. 22 The guarantee shall be suspended if the client does not fulfil his own obligations in full. Such suspension shall not extend the guarantee period.

Art. 23 The Company shall have no liability in respect of any claim not lodged within the time period and under the above rules.

Use and consumption of the merchandise

Art. 24 The client acknowledges that the merchandise may not be used other than as described in the directions for use or for other purposes. The merchandise may not be used after the expiry date. The merchandise must be stored at the temperature specified on the Website or on the packaging. The client must check the storage requirements for the merchandise in question.

Art. 25 The purchase, use or consumption of the merchandise does not preclude the need for the client to consult a doctor whatever the symptoms.

Exemption from liability

Art 26 The Company may not be held liable for damage resulting from incorrect use or consumption of the merchandise or from any alterations to the merchandise by the client or the manufacturer.
Only the manufacturer of the merchandise –and not the Company - is liable for the products and compliance of the components, ingredients, packaging, application, information, directions, production methods, testing and marketing of a product with legal and regulatory requirements. These are set out in the article “Merchandise” above.
Where the Company is nevertheless contractually liable for whatever reason, the Company shall only be liable for direct and foreseeable damages suffered by the client and due solely to serious and deliberate fault on its part, to the exclusion of any other damages such as loss of profit or earnings, loss of savings, increase in costs or other consequential damage or indirect loss. The amount of the damages for which the Company could be liable may not exceed 50% of the value of the order.

Reasons for exemption

Art. 27 The following are considered to be reasons for exemption if they occur after the placing of the order and prevent its fulfilment: labour disputes and other circumstances such as fire, strikes, accidents, illness, mobilisation, requisitioning, embargoes, uprisings, destruction of equipment, IT bugs, changes in the IT environment, shortage of means of transport, shortage of supplies, shortage of stock, delays or non-performance by the Company’s subcontractors or suppliers, restrictions on energy use, where such other circumstances are beyond the parties’ control. The party that invokes the occurrence of one of these circumstances must notify the other party in writing without delay of the occurrence and cessation thereof. The occurrence of one of these circumstances exempts the Company and the client from liability.
The party in default must notify the other party in writing without delay. The obligations of the parties for which performance is rendered impossible due to an instance of force majeure may be temporarily suspended or renegotiated. In the event that the instance of force majeure lasts for more than 1 month, the order shall be automatically cancelled or terminated without compensation, unless agreed otherwise by the parties.

Protection of privacy

Art. 28 Private information is used by the Company only for processing the order, or to personalise communications by email that the client expressly agrees to receive. This information is stored by the Company and may be amended or deleted at the client’s request.
In accordance with the law, the Company undertakes not to communicate this information to third parties, except to the purchaser of goodwill.


Intellectual property rights

Art. 29 The Company or its suppliers remain the sole owners of the intellectual property rights to the recipes, processes, know-how developed or used for the merchandise, and any trademarks, trade names, logos, domain names etc. used on the Website.

Applicable law and jurisdiction

Art. 30 The order or the contract is governed by Belgian Law. The French version of our general terms and conditions takes precedence over any translation, even where included on the Website.

Art. 31 Any dispute relating to the performance or interpretation of the order shall be submitted to the Belgian Courts in Namur which shall have exclusive jurisdiction.



Aroma-zen SPRL
Rue Georges Cosse, 6A
B-5380 Fernelmont
BELGIQUE

 

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