1. Application and interpretation
These general terms and conditions of sale govern, exclusively, all contractual relations resulting from the sale online of Products offered on the Site between TP Production Sprl, whose place of business is at avenue Zénobe Gramme 21, 1300 Wavre, Belgium and whose head office is at Chemin stordeur 4, 1380 Lasne, Belgium, hereafter called “TP Production” and the customer. The customer’s general or special terms and conditions are unenforceable on TP Production.
Depending on the context and unless stipulated otherwise, (i) the term “Product” in these terms and conditions must be taken to mean any object, toy, garment, decorative item or accessory for babies marketed by TP Production, (ii) the term “Site” as the e-trading pages of the site www.theophile-patachou.com and (iii) the term “Order” as any online purchase via the Product Site by the Customer.
By ticking the box “I agree to the general terms and conditions” during the online order process on the Site or by sending an order form to TP Production using other means of communication (e-mail, fax, post, etc.), the Customer declares expressly that he is aware of these general terms and conditions of sale and agrees to them entirely.
2. Order and confirmation
Any Order placed by the Customer via the Site will only engage TP Production once the Order has been paid in full and after TP Production has e-mailed the Customer written confirmation including the Customer’s contact details, a payment confirmation, acceptance and summary of his Order, the delivery address and a copy of these general terms and conditions.
TP Production has the right not to confirm the Order if the Products ordered are no longer available, if there is a dispute between the parties or if the banking organism has refused to authorise payment.
If due to exceptional circumstances the Customer’s Order cannot be honoured within thirty days following confirmation, the Customer has the right to cancel his Order without cost, which will be reimbursed by TP Production as quickly as possible.
3. Prices and payment methods
Product prices are stated in Euros. They include VAT and taxes due in Belgium. On the other hand, they do not include bank charges, delivery charges, any customs’ duties, import taxes or customs’ formalities in the country of destination. These costs are payable by the Customer and will be invoiced to him in addition to the Product prices or by the carrier.
Once the Customer validates the Order summary on the Site, payment can be made by Bancontact online or credit card (Visa, Master Card or American Express). Payment is made via OGONE, an approved partner ensuring the secure use of bank cards on the Internet, via an SSL (secured socket layer) connection. TP Production declines all liability for bank transactions, however.
TP Production is not required to supply the Products order as long as it has not received payment.
TP Production refuses to ship the Products to countries which are not explicitly authorised on the Site or to addresses stating a post box only or to military addresses.
TP Production will endeavour to ship the Order within three or four working days on average following the date on which payment is received in full and the confirmation (working days in Belgium and in the country of destination). Delivery depends on the Product availability in the TP PRODUCTION stock. Transport times vary depending on the delivery location.
The Products may be delivered in one or more batches, depending on Product availability.
Where damage has occurred more than once during transport and delivery, this must be advised by writing on the delivery slip and by e-mail to the address firstname.lastname@example.org. Any damage caused during transport not declared within 48 hours may not be paid.
This delivery time is a guide. The Customer does not have the right to refuse the Products, require compensation or dissolution of the Order due to late delivery when TP Production is not liable or for late delivery deemed reasonable if TP Production is liable for this, except when agreed expressly by TP Production given the circumstances, in which case the Customer will receive a gift voucher.
If the Customer is absent when the carrier calls at the delivery site and if the Customer does not fetch the package during the time it remains available to him from the pick-up point or the carrier’s premises, the reshipment costs should be paid by the Customer before returning the package.
5. Renunciation of the purchase reimbursement
The Customer has the right to return the Products to the Seller at his own risk and cost, without reason or penalty, within fourteen calendar days from delivery. The Customer no longer has this right once this time has elapsed.
The Customer will return the Products still intact, not worn, washed or used, with all their accessories and all their labels sewn inside, in their original packaging and with all the packing labels to the address: Avenue Zénobe Gramme 21, 1300 Wavre, Belgium. Returned products will be accompanied by the delivery slip duly completed. This can be downloaded from the Site. Any Product returned incomplete, damaged or soiled will not be reimbursed.
Returned Products, including the initial delivery charges if these were included in the invoice, will be reimbursed at the latest within fourteen working days following their receipt by TP Production. Reimbursement does not however cover the costs of returning Products. These costs are payable by the Customer.
6. Compliance and warranty
The Products are manufactured in compliance with all standards in force in Belgium and the European Union.
They may however be altered or adapted by TP Production in relation to the information stated on the Site, without the Customer being so advised, provided there is no deterioration in quality, shade or appearance.
The information on the Site attempts to mirror reality in the best possible way. However, the colours, sizes, weights and volume indicated on the Site are approximate. The Customer is aware that the colours and impressions of volume can vary from one computer screen to the next and therefore agrees that there can be differences between reality and what he has seen on his screen.
As soon as he receives the Product(s), the Customer should check immediately that they match his order correctly, that they are undamaged and are not defective.
Any claim should be e-mailed to TP Production at the address info@theophile-patachou as quickly as possible, and at the latest within two calendar months from noting the problem of non-conformity. The Customer should, furthermore, send a copy of the proof of purchase, describe the problem found in detail and if possible send one or more photos.
If the problem is not or has not been noted immediately upon receipt, the Customer enjoys a 24 month warranty with effect from the date of receipt of the Products for all hidden manufacturing or design defects for which TP Production is fully liable. The claim should be made at the latest within two calendar months of the vice being found, as per the procedure described in the previous paragraph.
Once this time has passed, the Customer has no further right to the Product warranty.
Any TP Production liability established is limited strictly to exchanging or reimbursing the non-conforming Product.
Exchanged Products will continue to be under warranty for the time not yet expired of the basic warranty period, without for all that being able to go beyond this period.
Shipping costs for non-conforming Products will be paid by the Customer and the costs of shipping the replacement Products will be paid by TP Production.
Where there is a wrongful return, TP Production reserves the right to refuse any subsequent order.
7. Intellectual property law
TP Production is and will remain the sole owner and beneficiary of all current and future intellectual rights, whatever they may be, relating to the brands, logos, drawings, graphic creations, products, models, designs, know-how and original ideas linked to the Products, regardless of whether or not they are protected or patented. The Customer undertakes not to imitate or counterfeit the Products, nor to market identical or similar products, nor register or patent a brand, logo or model, nor in general terms have recognised an intellectual property right on all these elements, nor discount the Products he has acquired, in any way whatsoever.
8. Personal data and protection of private life
The Customer agrees expressly that the personal/private information which he inserts on the Site’s order form or which he communicates as soon as he is in contact with TP Production (by telephone, e-mail, fax, etc.) is used to process his Orders and to boost and customise the communication mainly through newsletters or e-mails which he agrees expressly to receive. TP Production undertakes not to use these personal data for purposes other than those provided for in this paragraph.
Apart from cases to which the Customer has agreed expressly, TP Production undertakes never to communicate or divulge to any third party the personal data relating to the Customer, except for companies or people who execute, either on behalf of TP Production or independently, certain services such as in particular processing bank card payments or transporting Products, except for the company or person who may acquire the TP Production business, totally or partly, and except for legal authorities who demand access to them.
The Customer’s data and other information are kept by TP Production and may be accessed by the Customer free of charge upon simple request and without any justification at the address email@example.com. The Customer has the right to demand modification, rectification or deletion of his personal data in the TP Production database as well as the immediate halting of all e-mails and other communications which he receives from TP Production.
9. force majeure
The parties are not liable for the failure to execute any contractual obligation when this failure to execute is due to an event of force majeure beyond the parties’ control and which they could not be reasonably expected to take into consideration when concluding the Order or which they prevent or overcome it, even when this event does not make it totally impossible, simply substantially more difficult or more cumbersome to execute the Order. Will be notably considered as force majeure cases of fire, strike, accident, illness, natural disaster, destruction of installations or facilities, computer bugs, changes in computer environment, lack of supplies or means of transport, late or non-executed obligations of TP Production’s suppliers and sub-contractors.
10. Applicable law and competent jurisdiction
The Order form and any agreement between the parties and these general terms and conditions are governed exclusively Belgian law.
The parties undertake to prefer, under all circumstances, to settle any dispute amicably.
Where such a an arrangement is impossible in the month following the occurrence of the dispute, the parties will attempt to settle it through the Consumer Mediation Service (http://www.mediationconsommateur.be/fr).
Where no agreement can be found during mediation, or when all the parties agree to renounce mediation, any dispute or claim resulting from or relating to the Order will be heard in front of the Nivelle courts. The Customer may however refer the matter to the court governing his place of residence where the law makes this imperative.