**GENERAL TERMS AND CONDITIONS OF ONLINE SALE**
1. **DESCRIPTION**
1.1 These General Terms and Conditions (GTC) define the rights and obligations of the parties in the context of the sale of products/services (hereinafter referred to as "products/services") via the website store.22cm-megatrends.com (hereinafter referred to as the "site"). These GTC govern any sale of products made on the site.
1.2 The GTC are concluded between, on the one hand, Ermel Félicien (10 Avenue Wauters Dour, [email protected], 0472637159), affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Belgian Crossroads Bank for Enterprises under number 0896.755.397 (VAT BE 0896.755.397) with its registered office at 72 Rue Emile Coenraets, 1060 Brussels, Belgium, hereinafter referred to as the "seller," and, on the other hand, the person placing an order, hereinafter referred to as the "buyer." The buyer and the seller are hereinafter collectively referred to as the "parties."
1.3 Any order for a product offered on the site (hereinafter the "order") implies the prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditioned by a handwritten signature from the buyer. In accordance with the provisions of the law of July 9, 2001, establishing certain rules regarding the legal framework for electronic signatures and certification services, the validation of the order form constitutes an electronic signature that has the same value as a handwritten signature between the parties and serves as proof of the completeness of the order and the amounts due in execution of said order.
1.4 The buyer who wishes to purchase a product on the site declares to have full legal capacity.
2. **PRODUCTS/ SERVICES FOR SALE**
The products/services offered for sale are those displayed on the site, with a description of their essential characteristics, on the day and at the time the buyer consults the site, and within the limits of available stocks. The seller makes every reasonable effort to display the availability of products/services in real time on the site but cannot be held responsible if a product is no longer available to fulfill the order placed by the buyer. In case of unavailability of one of the ordered products/services, the buyer will be informed and will have the option to either modify the order or cancel it, in which case they will be refunded the amount of the order if payment has already been made.
3. **DISPLAYED PRICES OF PRODUCTS/SERVICES**
3.1 The price of each product is displayed on the site (hereinafter the "purchase price") in euros and includes VAT. This price is valid in countries for which delivery is possible on the site and does not include preparation and delivery costs, which are also the responsibility of the buyer, nor the deduction of any discounts or vouchers granted to the buyer personally. The seller reserves the right to modify its prices at any time, but products/services will be invoiced based on the purchase price in effect at the time of order validation.
3.2 When placing the order, the buyer undertakes to pay, in addition to the purchase price of the ordered products/services, the preparation and delivery costs (hereinafter the "costs"). These costs vary depending on the type and quantity of products/services ordered and the chosen delivery method, and include VAT. The buyer can check the amount of these costs on the site by consulting their "Cart," where the total amount corresponding to the purchase price of products/services and costs is displayed. The seller reserves the right to modify the amount of costs at any time, but the costs will be invoiced based on the rates in effect at the time of order validation, and subject to availability. These costs are due and will not be refunded if the buyer returns all or part of the order under their right of withdrawal.
3.3 Products/services are only delivered to countries authorized by the site. Buyers wishing to have their orders delivered to authorized countries but on an island of those countries will be charged an additional delivery fee. Any incorrect delivery address is the responsibility of the buyer and may result in additional charges. The indicated delivery times are not binding but are given purely for information purposes. No delay in delivery can give rise to the payment of damages to the buyer. The seller has the right to make partial deliveries. In case of non-delivery of goods, any amounts paid by the buyer will be refunded without interest or other form of compensation.
4. **ORDERING TERMS**
4.1 To place an order, the buyer must complete the order form provided on the site, including the information necessary for their identification, such as their name, first name, and delivery address. The seller cannot be held responsible for the consequences of providing incorrect information. After completing the order form, the buyer is invited to finalize the order process by clicking on "Validate my order." By doing so, the buyer declares to fully and unreservedly accept these GTC and undertakes to pay the full total amount due, i.e., the purchase price, plus costs, and minus any vouchers or discounts applied.
4.2 The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer during their registration (hereinafter the "order confirmation"). This order confirmation will include, in particular:
1° the main characteristics of the ordered product or service;
2° the seller's identity, including its business number and trade name;
3° the geographical address of the seller as well as its phone number and email address;
4° the total price of the goods or services, including all taxes and additional costs for transport, delivery, and others;
5° payment, delivery, and performance methods, and the date on which the company undertakes to deliver the goods or perform the services;
6° the procedures provided by the company for handling complaints;
7° the conditions, time limits, and methods for exercising the right of withdrawal;
8° the conditions under which the consumer will not benefit from the right of withdrawal, as stipulated in Article VI.53 of the Economic Law Code and Article 7 of the GTC;
9° the existence of a two-year conformity guarantee, as provided for in Articles 1649bis to 1649octies of the Civil Code, and a guarantee of hidden defects, provided for in Articles 1641 to 1649 of the Civil Code, and Article 10 of the GTC;
10° the possibility of contacting the European Online Dispute Resolution platform to initiate an amicable dispute resolution procedure.
The data recorded by the seller, as well as the order confirmation, will constitute evidence of the contractual relations between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in the event of a dispute with the buyer, non-payment in full or in part of a previous order, or refusal of payment authorization by credit card organizations. In this case, the seller's liability cannot be incurred under any circumstances.
5. **PAYMENT TERMS**
5.1 Payment for purchases is made by credit card (Visa or Mastercard) and by debit cards (Maestro) or
by any other means indicated on the site at the time of order. The buyer guarantees to the seller that they have the necessary authorizations to use the payment method chosen when validating the order form. The seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the buyer or in the event of a payment incident.
5.2 The amounts due are payable on the day of placing the order. Payment is made by secure payment by credit card, bank transfer, or any other means indicated on the site.
5.3 The seller guarantees the confidentiality and security of online payments. To this end, the site uses a secure payment module, and all payment data is encrypted and protected.
6. **DELIVERY TERMS**
6.1 Delivery is made to the address indicated by the buyer on the order form, within the geographical limits authorized by the site. The buyer is responsible for the accuracy of the information provided for the delivery address.
6.2 The delivery times indicated on the site are indicative and depend on the delivery method chosen by the buyer. The seller cannot be held responsible for any delay in delivery, and no delay in delivery can give rise to the payment of damages to the buyer.
6.3 In the event of a visible defect in the products, the buyer has the right to return the product at the time of delivery or refuse it. In case of refusal of a product with visible defects, the buyer must inform the seller as soon as possible and return the defective product within 14 days of receiving it.
6.4 In the event of non-delivery of goods, any amounts paid by the buyer will be refunded without interest or other form of compensation.
7. **RIGHT OF WITHDRAWAL**
7.1 The buyer has the right to withdraw from the contract without giving any reason within 14 days from the day following the delivery of the product.
7.2 To exercise the right of withdrawal, the buyer must notify the seller of their decision to withdraw from the contract by means of an unambiguous statement (e.g., a letter sent by post or email). The buyer may use the withdrawal form available on the site but is not obliged to do so.
7.3 To comply with the withdrawal period, it is sufficient for the buyer to send their communication relating to the exercise of the right of withdrawal before the withdrawal period has expired.
7.4 In the event of withdrawal, the buyer must return the product, at their own expense, to the address indicated by the seller within 14 days from the day they notified the seller of their decision to withdraw from the contract.
7.5 The buyer is responsible for the depreciation of the product resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the product.
7.6 The seller will refund all payments received from the buyer, including delivery costs, without undue delay and in any case no later than 14 days from the day on which the seller is informed of the buyer's decision to withdraw from the contract. The seller will refund using the same means of payment used by the buyer for the initial transaction unless the buyer expressly agrees to a different means. In any case, this refund will not incur any costs for the buyer.
7.7 The seller may defer the refund until the product is received or until the buyer has provided proof of shipment of the product, whichever comes first.
7.8 The buyer must return the product in its original packaging and in its original condition.
7.9 The buyer is responsible for the costs and risks of returning the product.
8. **GUARANTEES AND RESPONSIBILITIES**
8.1 The seller guarantees the conformity of the products/services to the contract, as well as their compliance with legal requirements, including health and safety regulations.
8.2 The buyer is reminded that the photographs and illustrations accompanying the products/services on the site are for information purposes only and are not contractual.
8.3 The seller cannot be held responsible for any indirect damage suffered by the buyer or a third party, except in the case of fraud or gross negligence.
8.4 The seller's liability is in any case limited to the amount of the order placed by the buyer.
8.5 The buyer is responsible for the consequences of using the product/service, in compliance with the instructions for use provided by the seller.
9. **COMPLAINTS**
9.1 Any complaint regarding the delivery of a product, the apparent defects of a product, or any other non-conformity of the product with the order must be made in writing and sent to the seller within 14 days of delivery.
9.2 The complaint must include the buyer's name and address, the order number, and a detailed description of the non-conformity or defect.
9.3 The seller will respond to the complaint within a reasonable period, taking into account the nature of the products/services, the alleged defect, and the evidence provided by the buyer.
10. **DATA PROTECTION**
10.1 The personal data collected during the order process is processed by the seller in accordance with the applicable data protection legislation. The buyer is invited to consult the seller's privacy policy available on the site.
10.2 The buyer can exercise their rights of access, rectification, opposition, and deletion of their personal data by contacting the seller at the following address: [seller's contact details].
11. **FORCE MAJEURE**
11.1 The seller's liability cannot be incurred if the non-execution or delay in the execution of any of its obligations described in these GTC arises from a case of force majeure.
11.2 In the event of force majeure, the affected party will inform the other party within fifteen days of the occurrence of the event, by registered letter with acknowledgment of receipt, indicating the nature of the event. The parties will then consult each other within one month, unless this is impossible due to the case of force majeure, to examine the impact of the event and agree on the conditions under which the performance of the contract will be continued. During this consultation, the contract will be suspended. If the case of force majeure lasts for more than three months, these GTC may be terminated by the injured party.
12. **APPLICABLE LAW AND JURISDICTION**
12.1 These GTC are governed by Belgian law.
12.2 In the event of a dispute, the buyer and the seller will first try to reach an amicable solution. Failing an amicable agreement, the dispute will be submitted to the competent courts in accordance with Belgian law.
13. **FINAL PROVISIONS**
13.1 The nullity or invalidity of one or more clauses of these GTC will not result in the nullity of the entire GTC. The parties will endeavor to negotiate in good faith a clause to replace the null or invalid clause, taking into account the initial intentions of the parties.
13.2 These GTC may be modified at any time by the seller. The applicable GTC are those in force on the day the order is placed by the buyer. The buyer is invited to consult the GTC regularly.
RETURN POLICY
We have a 30-day return policy, which means you have 30 days after receiving your item to request a return.
To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase.
To start a return, you can contact us at [email protected]. If your return is accepted, we’ll send you instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
You can always contact us for any return question at [email protected].
Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Exceptions / non-returnable items
Certain types of items cannot be returned, like underwear, swimwear, custom products (such as special orders or personalised items), and personal care goods (such as beauty products). We also do not accept returns for hazardous materials, flammable liquids, or gases. Please get in touch if you have questions or concerns about your specific item.
Unfortunately, we cannot accept returns on sale items or gift cards.
Exchanges
The fastest way to ensure you get what you want is to return the item you have, and once the return is accepted, make a separate purchase for the new item.
Refunds
We will notify you once we’ve received and inspected your return, and let you know if the refund was approved or not. If approved, you’ll be automatically refunded on your original payment method. We do not refund shipping fees. Please remember it can take some time for your bank or credit card company to process and post the refund too.
Privacy Policy
Our privacy policy provides information on protecting and respecting your privacy. We explain what personal data we collect and why, how we use it and how we protect it. When you interact with our website, we collect your personal data. Some of this information is provided to us by you and some is collected automatically when you interact with our website.
Collection of personal data
Cookies are small text files that are downloaded to your device to collect data when you visit our website. The cookie identifies your device with a unique identification number when you return to the website and collects information about your browsing behavior.
Purposes and uses of cookies
By using the website, the visitor accepts the use of cookies. Cookies help us to optimize your visit to the website and to provide you with an optimal user experience. However, you are free to delete or restrict cookies at any time by changing your browser settings. We also collect non-personal information about the visitor, even if they do not make a purchase. This information may be used to send the visitor relevant advertisements.