General conditions of use and sale
Updates on 01/11/2019
The Pachamama Terra Medica website (hereinafter the “Platform”) is an initiative of:
Rue Victor Lefevre
Company number (BCE/VAT): BE 0867 206 229
Phone: + 32 (0) 479 30 55 92
(hereinafter “IZO Sprl” or the “Seller”)
I. GENERAL CONDITIONS OF USE
These general terms and conditions of use (hereinafter the “T&Cs”) apply to any visit or use of the Platform and its information by an internet user (hereinafter the “User”).
By visiting or using the Platform, the User acknowledges having read these T & Cs and expressly accepts the rights and obligations mentioned therein.
Exceptionally, the provisions of the T & Cs may be waived by written agreement. These exceptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the T & Cs.
We reserve the right to modify our T & Cs at any time, without prior notification, but we undertake to apply the provisions which were in force when you used our Platform.
at. Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer a guarantee of absolute operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. Thus, we are not responsible for any damages that may result from possible malfunctions, interruptions, defects or even harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without prior notification obligation.
IZO Sprl largely determines the content of the Platform and takes great care of the information present on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without liability being incurred.
IZO Sprl cannot offer absolute guarantees concerning the quality of the information present on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up-to-date. Consequently, IZO Sprl cannot be held liable for any damage, direct or indirect, that the User may suffer from the information present on the Platform.
If certain content on the Platform is in violation of the law or the rights of third parties, or is contrary to morality, we ask you to inform us as soon as possible by email so that we can take appropriate measures.
Any downloading from the Platform always takes place at the risk of the User. IZO Sprl cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User's computer system, which is entirely and exclusively the responsibility of the latter. .
vs. Services reserved for registered Users
Access to certain services is conditioned by the registration of the User.
Registration and access to the Platform's services are reserved exclusively for legally capable individuals who have completed and validated the registration form available online on the Platform as well as these T&Cs.
When registering, the User undertakes to provide accurate, sincere and up-to-date information on his person and his marital status. The User must also carry out a regular verification of the data concerning him in order to preserve its accuracy.
The User must therefore provide a valid e-mail address, on which the Platform will send him a confirmation of his registration to its services. An email address cannot be used more than once to register for services.
Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The latter therefore undertakes to regularly consult the messages received on this e-mail address and, if necessary, to respond within a reasonable time.
Only one registration is allowed per natural person.
The User is assigned an identifier allowing him to access a space whose access is reserved for him (hereinafter “Personal Space”), in addition to entering his password.
The username and password can be modified online by the User in his personal space. The password is personal and confidential, the User thus undertakes not to communicate it to third parties.
In any event, IZO Sprl reserves the right to refuse a request to register for the services of the Platform in the event of non-compliance by the User with the T&Cs.
The regularly registered User may at any time request to unsubscribe by going to the dedicated page in his Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
d. Content published by the User
The user undertakes to comply with the laws in force through each of his publications on the Platform. It will be particularly attentive to the interests of third parties, to content of an offensive nature as well as to content likely to be contrary to public order or morals. The User remains responsible for all content published on the Platform.
The Platform can exercise moderation on any publication and refuse to put content online without having to provide justification. Similarly, the content published by a User may be modified or deleted without reason or delay.
By publishing on the Platform, the User assigns free of charge and on a non-exclusive basis to IZO Sprl the right to represent, reproduce, adapt, modify, distribute and disseminate, directly or indirectly as well as on any medium and worldwide the published content .
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between IZO Sprl and the external website or even that an implicit agreement exists with the content of these external sites.
IZO Sprl has no control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he leaves the Platform. We cannot therefore be held liable for any subsequent damage.
4. Intellectual property
The structuring of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which compose it or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force in respect of intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the content, trademarks and services offered by the Platform, by any means whatsoever, without the prior, express and written authorization of the publisher, is strictly prohibited, to the 'except for elements expressly designated as free of rights on the Platform.
The User of the Platform is granted a limited right of access, use and display of the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial use. Unless prior written agreement, Users are not authorized to modify, reproduce, translate, distribute, sell, communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering data on the Platform which would modify or which would be likely to modify its content or appearance.
5. Protection of personal data – cookies
The personal data provided by the User during his visit or use of the Platform is collected and processed by IZO Sprl exclusively for internal purposes. IZO Sprl assures its users that it attaches the greatest importance to the protection of their privacy and their personal data, and that it always undertakes to communicate clearly and transparently on this point.
IZO Sprl undertakes to comply with the applicable legislation in this area, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
6. Applicable law and competent jurisdiction
These T&Cs are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where IZO Sprl has its registered office.
7. General provisions
IZO Sprl reserves the right to modify, extend, delete, limit or interrupt the Platform and the associated services at any time, without prior notification, and without incurring its liability.
In the event of violation of the T&Cs by the User, IZO Sprl reserves the right to take appropriate sanction and reparation measures. IZO Sprl notably reserves the right to refuse the User any access to the Platform or our services temporarily or permanently. These measures can be taken without giving any reason and without notice. They cannot engage the responsibility of IZO Sprl or give rise to any form of compensation.
The illegality or total or partial nullity of a provision of our T & Cs will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. TERMS OF SALES
These general conditions of sale (hereinafter the “GTC”) define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter the “Customer”).
The GTC express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptionally, the provisions of the GTCS may be waived insofar as these waivers have been agreed in writing. These exceptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the GTC.
IZO Sprl reserves the right to modify the T&Cs from time to time. The modifications will be applicable as soon as they are put online for any purchase after this date.
2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having a contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the Seller's liability cannot be incurred as a result.
The products and services are offered within the limit of their availability.
Prices and taxes are specified in the online store.
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in effect at the time of the order will apply, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before the validation of the order by the Customer.
The total amount of the order (all taxes included) and, if applicable, delivery costs is indicated before final validation of the order form.
4. Order online
The Customer has the option of completing an online order form, using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
For his order to be validated, the Customer must accept these T & Cs by clicking on the place indicated.
The Customer must provide an email address, billing details and, where applicable, a valid delivery address. Any exchange with the Seller may take place using this email address.
In addition, the Customer must choose the delivery method and validate the method of payment.
The Seller reserves the right to block the Customer's order in the event of non-payment, an incorrect address or any other problem on the Customer's account, until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the items ordered until receipt of full payment for the order.
The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation serves as a signature.
The Customer guarantees the Seller that he has the necessary authorizations to use this method of payment and recognizes that the information given for this purpose constitutes proof of his consent to the sale as well as to the exigibility of the sums due under the order.
The Seller has set up a procedure for verifying orders and means of payment intended to reasonably guarantee it against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In case of refusal of authorization of payment by credit card on the part of accredited bodies or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is in progress.
Upon receipt of the validation of the purchase together with the payment, the Seller transmits it to the Customer, as well as an invoice, except delivery of the latter with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to customer service (see contact details below) before delivery.
In the event of unavailability of a service or a product, the Seller will keep the Customer informed by e-mail as soon as possible in order to replace him or to cancel the order for this product and possibly to reimburse the related price, the rest of the order remaining firm and final.
The communications, orders and payments made between the Customer and the Seller can be proven using computerized registers, stored in the Seller's computer systems under reasonable security conditions. Purchase orders and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
Delivery is made only after confirmation of payment by the Seller's banking organization.
The products are delivered to the address indicated by the Customer on the online form serving as an order form. Additional costs resulting from incomplete or erroneous information by the Customer will be invoiced to him. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
The delivery takes place, according to the method chosen by the Customer, within the following deadlines:
National delivery (Belgium): 1 to 2 days;
Delivery abroad: see here (https://www.bpost.be/sites/default/files/product/ListePays_FR-bpackWorld.pdf)
Delivery times are indicative. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery times exceed thirty days from the order, the sales contract may however be terminated and the Customer reimbursed.
at. Verification of the order
Upon receipt of the products, the Customer or the recipient checks the good condition of the product delivered or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately notify the Seller.
The verification is considered to have been carried out as soon as the Customer or a person authorized by him has received the order without making any reservations.
Any reservation not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility vis-à-vis the Customer.
b. Delivery error
In the event of a delivery error or non-compliance of the products with the indications appearing on the order form, the Customer informs the Seller within three working days of the delivery date.
Any complaint not made within the time limit cannot be taken into account and will release the Seller from any responsibility vis-à-vis the Customer.
vs. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following terms:
Product returned by post within 7 days from the date of delivery of the order to the following address: IZO Sprl, 15 rue Victor Lefevre – 1030 Brussels
Any complaint and any return not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility vis-à-vis the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. Return costs are the responsibility of the customer.
The Seller is responsible for the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
at. Guarantee of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any event, no later than two months after it has been noted.
9. Right to retract
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days of delivery of the goods or the conclusion of the service contract.
After communicating their decision to withdraw, the Customer then has 14 days to return or return the goods.
Any withdrawal not made in accordance with the rules and deadlines defined by this article cannot be taken into account and will release the Seller from all responsibility towards the Customer.
The Customer may request reimbursement of the returned product, without penalty, the return costs are at his expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete packaging, intact and in sales condition.
The Seller must reimburse the Customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or of the transmission of proof of the shipment of these goods.
Model de formulaire de rétractation
To the attention of :
Rue Victor Lefevre
Company number (BCE/VAT): BE 0867 206 229
Phone: + 32 (0) 479 30 55 92
I/We (*) hereby notify you of my/our (*) withdrawal from the contract relating to the sale of goods (*)/for the provision of services (*) below:
Ordered on (*)/received on (*): __________
Name of consumer(s): __________
Address of consumer(s): __________
Signature of the consumer (s) (only in case of notification of this paper form):
Date : __________
* Strike out what is not applicable
10. Protection des données
The Seller will keep in his computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
11. force majeure
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, then it is a question of force majeure.
In the event of force majeure, the Seller is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller immediately informs the Customer.
If the force majeure continues for more than 90 days without interruption, each of the parties to the contract will have the right to terminate the contract unilaterally, by registered letter sent to the other party. The services already provided by the Seller will nevertheless be invoiced in proportion to the Customer.
12. Independence of clauses
The illegality or total or partial nullity of a provision of these GTCS will have no impact on the validity and application of the other provisions. The Seller reserves the right to replace the illegal or void provision with another valid provision of similar scope.
13. Applicable law and competent jurisdiction
These T&Cs are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district of the Seller's head office.