Terms of online sale/purchase of www.enviedecafe.com
Article 1. Foreword
The terms of online sale/purchase are concluded between, on the one hand, the SPRL
Envie De Café.com, member of the Banque Carrefour des Entreprises de Belgique (identification
number 0886.721.441), located at 4 rue de Robermont, 4020 Liège - Belgium, (trading
name “enviedecafe.com”) and, on the other hand, the persons who want to buy online
via the
enviedecafe.com website, hereafter
called “user”.
1.1 Who are we ?
Direct Trading Group SPRL
Rue Winston Churchill, 171
4020 Liège
Belgium
VAT : BE 0886.721.441
Website :
http://www.enviedecafe.com
E-mail :
info@enviedecafe.com
1.2 General points
The parties agree that all relations are exclusively subject to this contract except
for any terms already mentioned on the website.
If any terms were lacking, these matters would be subject to the usual regulations
applied in the Belgian online sale sector.
If one or more of the present terms was not applied, this could never be considered
by the user/buyer as a renunciation of those terms.
These terms of online sale/purchase are aimed at defining the modes of trading between
enviedecafe.com and the user, from the order to the services, as well as payment
and delivery.
The terms settle all the steps to be taken to put in an order and ensure the following
up of the order between the parties.
Any visitor of our website who doesn’t have a personal customer number will have
to register to get that number.
In any case, the final validation of the order implies that the user agrees with
the order in its entirety and at the indicated price.
That validation is worth a signature and the approval of all operations made on
the website.
Article 2. Terminology
The services offered by Enviedecafe.com through its website –sale of products- will
be hereafter called “services enviedecafe.com”. Every person who would like to take
advantage of those services and who has agreed with the terms of sale/purchase will
hereafter be called “customer”. Every company that has asked Enviedecafe.com to
sell goods on its website will be called “supplier” and any order made by a customer
according to the terms of sale/purchase will hereafter be called “the order”
Article 3. Registering your personal details
Any individual or legal entity that registers as a potential contracting party of
enviedecafe.com while surfing on the
http://www.enviedecafe.com
website, communicates personal details to enviedecafethrough the registration procedure.
Registering implies that the user accepts that his personal details will be treated
in the enviedecafe.com data file. Only the individuals or legal entities that have
full legal and civil capacity are allowed to register.
When registering, the individual or legal entity gets an identification number and
chooses a password which has to be validated by enviedecafe.com. That information
will be confirmed through an e-mail from enviedecafé.com to the customer.
The customer is responsible for the confidentiality, security and use of his identification
number and password.
Any use of the identification number and password of a customer is supposed to have
been done by that customer himself.
Enviedecafe.com can temporarily or permanently stop the use of a registration number
and password if it appears that a customer doesn’t respect the terms of online sale
and purchase.
Dealing with the customer’s personal data is the responsibility of
info@enviedecafe.com
Dealing with the personal details of a customer in the data file of enviedecafe.com
happens in order to manage the clientele, to deal with orders, delivery and invoicing,
and also to follow through the solvability and publicity thanks to the customer’s
profile, personalized treatment and marketing.
Article 4. Privacy.
Rules when collecting personal details.
As a rule, having access to the information that is available on our website can
happen without having to communicate personal details such as name, address, e-mail
address… If the customer wants to take advantage of other services (asking for information,
reservations, newsletter…) it can happen, in such a particular instance, that he
will have to communicate some personal details. In that case, the user will be warned
in advance and his details will be dealt with in accordance with the 202/58/CE directive.
This means that : Your details can only be collected and used in accordance with
the goals mentioned when collecting. At any time you have the right to access to
your details and to modify or oppose them. In that case you just have to send us
an e-mail to
info@enviedecafe.com with
your correct personal details.
The details can be used for statistics about surfing our website.
When you access to our website, the servers will automatically collect the following
information :
- Your IP address when connecting;
- Date and time of access to the website;
- Consulted WebPages;
- Type of browser used;
- Operating system on your PC;
- Search engine and keywords to get to the website.
That information will only be used to know the number of visitors to each section
of our website so that we can improve it if necessary.
Use of cookies. For technical reasons and in order to make surfing our web even
easier it can sometimes happen that enviedecafe.com has to use “cookies”.
A “cookie” is a little piece of information which is saved by a website inside the
operating system of your PC. That “cookie” can then be used again for a later visit
to the website. The “cookie” cannot be read by another website. The website uses
“cookies” in order to know your preferences so that you won’t have to type the same
message again and again when visiting our website.
Most “cookies” are only active during one only session or visit to the website.
The “cookies” never contain any information that could be used to contact you by
way of phone, e-mail or letter. You can also ask your browser to inform you when
a “cookie” is being created or you can even prevent them from being saved.
Article 5. Pricing policy.
All the information about the goods (delivery costs, warranty) as well as the prices
are mentioned on the explanatory card of each product.
The selling prices on our website are always mentioned in euros. They include the
VAT (when applicable) and all the costs (Recupel and other) except the costs of
delivery (
see article 6 of Terms
of online sale/purchase) and extra warranty.
Sales without VAT to people who are not liable to the VAT can only occur if written
evidence is given beforehand.
The price paid by the buyer, called “total price”, is clearly indicated when putting
in an order.
Since 1 January 2007 a new law imposes to pay a recycling tax (Recupel) when buying
electrical or electronic appliances. That tax varies from 1 to 6 euros. That amount
is already included in the prices mentioned on our website.
For any question about our pricing policy, please send us an e-mail to
info@enviedecafe.com.
Article 6. Delivery costs.
|
Country of destination
|
Address
|
Time
|
|
On site pick up
|
Rue Winston Churchill, 171 - 4020 Liège
|
Monday to Friday, 9am (9h) to 5pm (17h).
|
|
Country of destination
|
Order < 60.00 € (all tax incl)
|
Order > 60.00 € (all tax incl)
|
|
Belgium, France
|
5 € 
|
Free
|
|
Country of destination
|
Order < 100.00 € (all tax incl)
|
Order > 99.00 € (all tax incl)
|
Luxemburg
The Netherlands
Germany
|
10 €
|
Free
|
|
Country of destination
|
Carrier
|
Price (all tax incl)
|
|
Denmark (except islands)
|
DPD (3 days)
|
18.00 €
|
|
United Kingdom (except islands)
|
DPD (3 days)
|
19,50 €
|
Belgium :
Delivery costs : Free delivery from 60 € (all taxes included).
The delivery costs will be paid by Enviedecafe.com for any order of an amount of
60 € or more (all taxes included) put in by a customer that has registered on
enviedecafe.com and whose delivery address
is situated in Belgium and France. Any order put in on our website will be delivered
by DPD. For any order of less than 60 € (all taxes included), the delivery costs
will be 5€ for Belgium and France. For others country, see table below. In case
of return to sender, the customer will have to pay for the return costs. (
See
Article 10 of Terms of online sale/purchase).
Delivery time in Belgium :
The delivery time is clearly mentioned for every article on our website according
to our stock. It can vary from 1 to 7 working days. If the goods are in stock, the
delivery time usually varies between
24 and 48 hours from the confirmation
of the order by the customer.
Delivery on Saturday between 9 a.m. and 4 p.m. : 1 € (all taxes included) additional
charge whatever the amount of the order.
If the goods are out of stock, a delivery time of 10 to 15 working days is necessary.
Packing and warranty :
All our goods are very carefully packed with protecting materials so that the delivery
can occur in the best conditions. All the goods we send are insured, free of charge,
against damaging and theft during the transport. When getting your parcel, you must
carefully check the integrity of your order and of all the items. This must happen
in the presence of the person in charge of the delivery in order to have reserves
if necessary.
If you have any doubt about the condition or content of the order, you must refuse
it on receiving the parcel. Any refused article must be handed back, in its genuine
packaging, to the person in charge of the delivery.
In case of absence
If the goods are delivered by Taxipost, you’ll get a notice in your letterbox. For
the first time you’ll get a phone number to choose another time of delivery. If
unfortunately the second attempt was also without success you’d have 5 working days
to fetch your parcel at the nearest post office indicated on the notice.
Loss of parcel
In spite of all our efforts, it can happen that a parcel gets lost.
In that case please send an e-mail to our Customer services at
info@enviedecafe.com
Enviedecafe.com will not have to deliver goods in the following cases of absolute
necessity : war, insurrection, fire, strike, accident or impossibility of getting
supply from the usual suppliers or road haulage contractors.
Enviedecafe.com can temporarily suspend deliveries in the following cases : problems
with the internal network, with the telephone network or with the internet. The
fulfilment of the contract is then suspended until the problems are solved without
the customer having the right to ask for the dissolution of the contract or for
damages.
If you have any question about deliveries please send an e-mail to
info@enviedecafe.com.
Article 7. Putting in orders.
The customers put in an order to Enviedecafe.com via the website. The order can
only be registered if the customer is clearly identified :
- By entering his strictly personal customer number.
- By filling in an online order form so that the customer will get a personal customer
number from our Customer services as soon as he puts in his first order.
By ordering, the customer agrees with the prices and description of the articles
on sale (
see article 5 of Terms
of online sale/purchase). By ordering online the customer clearly indicates
that he wants to conclude a sale contract with Enviedecafe.com and agrees with the
Terms of online sale/purchase. The customer will get a confirmation of his order
via an e-mail called “
confirmation e-mail” with all the details
of the order. Enviedecafe.com will deliver the goods ordered online as long as they
are in stock. If an article is in stock, it is clearly indicated by a green spot.
If the article is out of stock, the spot is orange. If an article is not available,
enviedecafe.com will inform the customer as soon as possible.
The contract between the customer and enviedecafe.com is valid as soon as the order
is accepted by enviedecafe.com.
For any questions about ordering goods, please send an e-mail to
info@enviedecafe.com.
Article 8. Payment.
In order to deal with the orders as quickly as possible and to offer the best service
possible, enviedecafe.com asks his customers to pay when putting in the order. If
the customer gives up his order (
see
Article 10 of Terms of online sale/purchase), enviedecafe.com will pay him
back without compensation. The return to sender costs must be paid by the customer
(
see Article 10 of Terms of
online sale/purchase). The purchase price will be paid via the Ogone server
(
www.ogone.com -
see article 9 of Terms of online sale/purchase) when putting in the order.
Enviedecafe.com works with the Ogone server so that all the banking details of the
customer are scrambled before being safely transmitted. The customer can use the
following payment methods :
- By indicating the type of credit card (Visa, Eurocard, Mastercard), the number of
the credit card, the date of expiration and its cryptogram (if necessary)
- Via Home Banking (ING Home'Pay, Dexia NetBanking and Dexia Direct Net, KBC Online
and CBC Online).
- Via Bancontact/Mastercash (FORTIS, DEXIA, ING et VDK Spaarbank).
Authorization : the money is saved and blocked on the buyer’s account until
it is transferred to the account of the tradesman (second step – data capture) or
released when the authorization is cancelled. NB : a delayed payment is only possible
via credit cards.
For any question about payments, please send an e-mail to
info@enviedecafe.com.
Article 9. Safety of electronic payments.
All payments happen via the highly secured company Ogone (
www.ogone.com) located in Brussels.
Ogone are experts in payment safety and guarantees that all personal banking details
are transmitted and kept according to the highest quality and security standards.
How it works :
- 1. The customer connects to the website enviedecafe.com,
he chooses articles that he puts into his shopping basket and then begins to put
in his order.
- 2. After registering, the customer communicates his delivery and invoicing details.
The total amount (all taxes and delivery costs included) is clearly indicated to
the customer.
- 3. After receiving a summary statement of his order the customer confirms that he
wants to proceed to the payment procedure.
- 4. The customer is clearly redirected to the Ogone website where he enters his payment
details.
- 5. The payment is then asked to the bank.
- 6. The customer gets the result of the transaction that he can then print and keep
as a valid proof of payment.
- 7. enviedecafe.com then deals with the automatic after sale procedure and sends
the goods to the customer.
When the time has come to enter the payment details (step 4), the customer is automatically
redirected to the Ogone website. Transmitting personal banking details (number of
credit card for instance) happens between the customer and the Ogone website; enviedecafe.com
will never have any knowledge of these banking details. This procedure guarantees
the confidentiality towards enviedecafe.com but also makes it possible to develop
new payment methods without having to modify the enviedecafe.com website.
Besides, all transaction costs are paid by enviedecafe.com.
At the end of the payment procedure (step 7), it is up to the enviedecafe.com website
to choose an after sale procedure (managing the stock, downloading etc.).
This system offers the customer all the possible advantages when paying for goods
on
enviedecafe.com
- The personal details are protected by using the SSL or SET technologies. No personal
detail can ever appear on the network.
- Confidentiality of the payment details (credit card number)
- The enviedecafe.com website never has any knowledge of the customer’s credit card
details.
- Every communication between the customer’s browser and Ogone uses the SSL 128 bits
encoding technology. It is not possible for the customer to use a browser that wouldn’t
support that encoding technology. The Ogone Company received a certificate from
Verisign.
- Ogone is protected by several firewall systems to prevent from having access to
the details or to the payment browser.
- Subscription via Ogone to anti-fraud detection systems.
Article 10. Giving up a purchase.
The customer has the right to notify enviedecafe.com that he wants to give up his
purchase, without having to pay a fine, within 7 working days from the day following
the delivery of the order.
As a reminder : your purchases are very carefully packed with protecting materials
so that we can guarantee that the delivery will happen in the best possible conditions.
All the goods we send are insured, free of charge, against damaging and theft during
the transport. When getting your parcel, you must carefully check the integrity
of your order and of all the articles. This must happen in the presence of the person
in charge of the delivery in order to have reserves if necessary.
enviedecafe.com will only agree with the customer giving up his purchase if the
genuine packaging of the article is still intact; this means that the seal and the
article itself haven’t been used or damaged.
The buyer must notify his decision to give up a purchase via an e-mail to
info@enviedecafe.com.
The customer, provided he has notified his decision in time (within 7 working days
from the day following the delivery), will then get a return authorization number.
The customer always has to pay for the return costs of the parcel. It is advisable
for the customer to deal with the Taxipost services
www.taxipost.be (partner of enviedecafe.com) for a secured
and guaranteed delivery. The customer is kindly requested to very carefully protect
the goods to be returned.
To make things easier enviedecafe.com offers to pay you back via a money transfer
to your bank account. This is easy, quick and safe and the only thing you have to
do is to indicate your bank account number on the dispatch note that goes with the
returned goods. Enviedecafe.com will then make the payment as soon as possible (maximum
30 days), depending on the time of notification of the customer’s intention to give
up his purchase and after the goods have been returned to enviedecafe.com. The return
costs will not be paid back.
If goods are improperly returned, enviedecafe.com can decide to refuse any further
order from the customer.
For any question about giving up an order, please send an e-mail to
info@enviedecafe.com.
Article 11. Warranty and after sale services.
All the goods we sell have the legal guarantee of conformity, the legal guarantee
against latent defects and the guarantee of the maker which can vary according to
the goods and brands.
In the case of an exchanged order, the sending costs have to be paid by the customer.
However, if the guarantee of conformity is applicable to the returned goods, all
the costs will be refunded to the customer.
Whatever the problem may be, when you send back an article, you must always join
a copy of the invoice, the certificate of warranty (inside the box) and the return
slip.
The guarantee is not applicable to the repairing of any damage due to a cause that
is external to the device itself (e.g. accident, shock, lightning, replacement of
consumables such as batteries, bulbs, fuses…) or in case of a fault committed by
the consumer: inappropriate use of the device, commercial use of the device, using
unsuitable peripherals, accessories or consumables… You are kindly requested to
have a careful look at the user’s notice that goes with the goods.
If articles are not true to the information given on the website or if they have
latent defects, they will be replaced or refunded according to the availability
of the articles and to the customer’s wishes. The articles with a guarantee will
only be taken in part exchange with their delivery slip. If the article cannot be
replaced because of a problem of stock, the customer will get a gift token of the
same amount as the article that he can then use in our enviedecafe.com shop.
The articles that have been modified, repaired, integrated or added by the customer
or any other person without the approval of the Supplier are also excluded from
the warranty. The warranty is not applicable for visible defects or defects of conformity
for which a complaint must be made by the customer within 7 days after the delivery
of the articles, at the risk of loss of rights. The warranty is not applicable to
the articles that would have been damaged in a faulty use.
In any case, enviedecafe.com is not responsible if a maker refuses to apply the
warranty on one of its articles for one of the preceding reasons.
To make the after sale services easier and more efficient when it deals with electronic
devices, the customer will be redirected to service points that are closer to the
customer’s home.
If the customer wants to return articles, this must have been allowed beforehand
by enviedecafe.com thanks to a return number. The customer must make his request
by sending an e-mail to
info@enviedecafe.com,
after a written acceptance from enviedecafe.com.
Article 12. Responsibility
The SPRL enviedecafe.com has only just an obligation of means in the matters of
having access to the website, ordering, delivery and further services.
enviedecafe.com is not responsible for any drawback or damage caused by the use
of the Internet, such as an external intrusion in the system, the presence of viruses
or any fact of absolute necessity, according to the jurisprudence.
enviedecafe.com is not responsible for any material, immaterial or corporal damage
caused by the faulty working or faulty use of the marketed articles. enviedecafe.com
is not responsible either for the changes to articles introduced by the suppliers.
Anyway the responsibility of enviedecafe.com is strictly limited to the amount of
the order and cannot be called into question for possible mistakes or omissions
that would remain in spite of all our care and attention when presenting the articles.
enviedecafe.com is not responsible towards a customer or a third party for any indirect
damage, loss of operating, profit or turnover in any way whatsoever.
Without limiting the preceding paragraphs, the responsibility of enviedecafe.com
cannot exceed the sums paid or payable during the transaction at the origin of the
mentioned responsibility whatever the cause or kind of action.
Enviedecafe.com is not responsible for the non-completion of a contract if the goods
are out of stock or unavailable, in case of absolute necessity, of perturbation
or total strike of the postal services and/or transport, of fire or flooding.
Enviedecafe.com promises not to disclose personal details of a customer to a third
party. Those data are confidential. They will only be used by our internal services
to deal with the customer’s order and to improve and personalize our communication
via e-mails and newsletters. The data can also be used to improve and personalize
the website itself according to the preferences of the users. Enviedecafé.com is
entitled to supply statistics about its customers, sales, and information on the
site to a trustworthy third party but those statistics will never contain any personal
details.
Enviedecafe.com does not sell, market or hire the personal details of its customers
to a third party.
Article 13. Copyright
Legal information – Conditions of use of the website
The use of the enviedecafe.com website is subject to the respect of the “Terms of
online sale/purchase” formerly described. Accessing to the website means that you
have read and agreed with the “Terms of online sale/purchase”.
Quality of information and services, responsibility limitation
The hypertext links on the enviedecafe.com website will redirect you to other Internet
sites but do not make enviedecafe.com responsible for the content of those sites.
The customer will take their own conditions of use into account.
Rights of intellectual property
The texts, make-up, illustrations and other elements of the enviedecafe.com website
are protected by the copyright or by a specific right for the database. All these
elements are the property of enviedecafe.com or of a third party that has given
enviedecafe.com the necessary authorizations.
Hyperlinks to the site
It is allowed to create links (surface linking) to the home page or any other page
of the enviedecafe.com website without first obtaining our agreement. On the other
hand, using techniques, such as framing or in-lining, aimed at integrating part
of, or the whole of the enviedecafe.com website in an Internet site while at the
same time hiding the exact origin of the information needs a previous agreement
from enviedcafe.com. You can send your request to the board of enviedecafe.com via
an e-mail to
info@enviedecafe.com
Passing on information
Do not pass on illegal, threatening, obscene, defamatory, provocative, blasphemous
or pornographic information, or any other information that could lead to a civil
or penal responsibility according to the laws of the Country the Site refers to.
Article 14. Entirety
If one of the terms of the contract became null and void because of a change in
the legislation, in the regulations or because of a decision of justice, this wouldn’t
influence the validity and the respect of the present Terms of online sale/purchase.
Article 15. Duration
The present terms are applicable as long as enviedecafe.com offers its services
online.
Article 16. Evidence
The electronic files which are saved, in reasonable security conditions, in the
data processing systems of the SPRL Envie de Café.com and its partners will be considered
as evidence of communications, orders and payments between both parties.
The Terms mentioned on this site are applicable to all deliveries in Belgium and
Luxemburg only. The articles sold by enviedecafe.com are true to their description
and presentation from the catalogue. However, in spite of our care and attention,
mistakes can occur in the catalogue. Enviedecafe.com is not responsible for those
facts.
Article 17. Keeping and filing of the transactions
The filing of the order forms and invoices is made on a long-lasting and reliable
input medium in order to have a lasting and accurate copy.
Article 18. Applicable law and competence
The present Terms are subject to the Belgian law. In case of a dispute, the customer
will first get in touch with enviedecafe.com in order to reach a friendly agreement.
If it is not possible, the courts of the judicial district of Liège are the only
ones to be competent whatever the delivery address or the methods of payment may
be.