General Conditions

GENERAL CONDITIONS OF SALE FOR ONLINE PURCHASES

  1. DESCRIPTION

1.1 The GCS define the rights and obligations of the parties in connection with the sale of products (hereinafter the “products”) through the pourkwapa.be website (hereinafter the “website”). These GCS govern all purchases made on this website.

1.2. The GCS are concluded between, on one side, Julie Seynaeve (julie@pourkwapa.be, +32 474632425) affiliated to PRODUCTIONS ASSOCIEES ASBL, registered with the Banquet Carrefour des Enterprises (Central Enterprises Database) of Belgium under number 0896.755.397 (VAT BE 0896.755.397) with its registered office at 72, rue Coenraets, 1060 Brussels, Belgium, hereinafter the “seller”, and, on the other side, the person placing the order, hereinafter the “purchaser”. The purchaser and the seller are hereinafter jointly referred to as the “parties”.

1.3 Any order implies that the purchaser has previously consulted and expressly accepts the GCS without this acceptance being subject to a handwritten signature on the part of the purchaser. In accordance with the provisions of the law of 9 July 2001 that lays down certain regulations concerning the legal framework for electronic signatures, the validation of the order form constitutes an electronic signature that, between the parties, has the same value as a handwritten signature and that constitutes proof of the order in its entirety and of the payability of the amounts due in performance of the order.

1.4 The purchaser declares that he/she has full legal capacity.

  1. THE PRODUCTS ON SALE

The products offered for sale are those that feature on the website, with a description of their essential characteristics, on the date and time when the purchaser consults them on the website, and within the limits of the stocks available. The purchaser declares having consulted all information on an article prior to purchasing and that the said article fully complies with his/her request. Photographs which illustrate the online catalogue are not contractual and may be modified at any time. Pourkwa Pa shall not be held responsible if a photograph does not comply and/or is inaccurate. The seller uses all reasonable means to display the availability of products on the website in real time, but cannot be held responsible if a product is no longer available to honour the order. If one of the products ordered is unavailable, the purchaser will be informed within 48 hours after ordering. The purchaser will be informed of the fact and will have the option of changing the order or cancelling it, in the latter case being refunded for the amount of the order if payment has already been made. The purchaser will receive reimbursement of amounts paid within 30 days at the latest subsequently to settlement thereof or exchange the article.

  1. SALES PRICE OF THE PRODUCTS DISPLAYED 

3.1 The price of each product is displayed on the website in euros and including VAT. This price is valid in the countries for which delivery is possible and does not include the costs of preparing and delivering the order, which are also payable by the purchaser, or the deduction of the amount of any discount or purchase voucher granted to the purchaser. The seller reserves the right to change his prices at any time, but the products will be invoiced on the basis of the purchase price that applied at the time of placing the order. Only the price displayed on pourkwapa.be is authoritative between the parties.

3.2 When placing the order the purchaser undertakes to pay, in addition to the purchase price of the products ordered, the costs of preparation and delivery (hereinafter the “costs”). These costs vary according to the type and quantity of products ordered and the chosen delivery method, and include VAT. The purchaser can consult the amount of these costs on the website and consult his “Basket” that shows a calculation of the total amount corresponding to the purchase price of the products plus costs. These costs remain payable and will not be reimbursed if the purchaser returns all or part of the order by virtue of his right of withdrawal.

3.3 The products are only delivered in the countries for which the website authorizes delivery. Any incorrect delivery address is the responsibility of the purchaser and may give rise to additional costs. The delivery times listed are not binding but are purely indicative. No late delivery may give rise to the payment of damages for the benefit of the purchaser. The seller is entitled to make part deliveries. In the case of the non-delivery of goods, any sums paid by the purchaser will be reimbursed with no interest or compensation.

  1. ORDERING PROCEDURES

4.1 To place an order, the purchaser must complete the order form that is available on the website and on which he/she will give the information that permits identification, in particular his or her surname, first name and delivery address. In so doing, the purchaser accepts in full and without reservation all of these GCS and undertakes to pay in full the total amount owing. The seller cannot be held responsible for the consequences of the communication of incorrect information.

4.2 The seller will confirm each order placed by sending an email that states in particular:

1° The principal characteristics of the product or service ordered;
2° The identity of the seller and in particular his company number and trading name;
3° The geographical address of the seller as well as his telephone number and email address;
4° The total price of the products and services including all taxes and additional costs of transport, delivery, etc.;
5° The means of payment, of delivery and execution and the date on which the company undertakes to deliver the goods or perform the services;
6° The procedures foreseen by the company for handling complaints;
7° The conditions, the deadline and the procedures for exercising the right of  withdrawal;
8° The conditions by which the consumer would cease to benefit from the right of withdrawal, as laid down in article 7 of the GCS;
9° The existence of a two-year guarantee of conformity (one year in the case of second-hand products), as foreseen by articles 1649bis to 1649octies of the Civil Code, and a guarantee against hidden defects, as foreseen by articles 1641 to 1649 of the Civil Code, and by article 10 of the GCS;
10° The possibility of recourse to the European Dispute Resolution platform to initiate proceedings for an amicable resolution.

The data registered by the seller, together with the order confirmation, will constitute proof of the contractual relations between the parties.

4.3 The sale will only go through once Pourkwa Pa has confirmed the order. Pourkwa Pa reserves the possibility of not confirming an order for any reason whatsoever, in particular due to product supplies, a problem with the order (e.g.: an order for an unusual quantity or amount) or a foreseeable delivery problem. Pourkwa Pa will inform the purchaser using any means. Any new order will only be taken into account further to the purchaser’s correct payment of amounts possibly outstanding from previous orders

4.4 The purchaser reserves the right to refuse or cancel any order or delivery in the event of an existing dispute with the purchaser, full or partial non-payment on a previous order, refused authorisation for a payment by a credit card on the part of a bank or for any other valid reason. In which case, the seller’s liability cannot under any circumstances be invoked.

  1. MEANS OF PAYMENT

5.1 To pay an order, the purchaser can use the payment methods specified when placing an order. Online payment enables the purchaser to pay his/her order using a bank server in a secured environment (https protocol and encryption key). The order validated by the purchaser will only be considered as definitive once the bank payment center has validated the transaction. Pourkwa Pa reserves the right to cancel or suspend any order and/or delivery in the event of credit card payment authorization refusal by the purchaser’s bank or if a commercial dispute exists with the purchaser.

5.2 Products ordered remain the property of the seller until payment in full of the purchase price and costs indicated at the time of placing the order.

  1. DELIVERIES

6.1 The seller makes deliveries in Europe. Any taxes and import costs are payable by the purchaser.

6.2. Shipping to Belgium is free for purchases over € 100. Otherwise shipping cost is € 5. Shipping costs to other EU countries is € 9 and free for purchases over 200 €. (Currently shipping to EU only.) Shipping costs are specified when the purchaser finalizes the order. The said costs may vary depending on the geographic zone of delivery. They may not be disputed by the purchaser insofar as he/she has necessarily been informed thereof at order payment.

6.3 The order is delivered to the address given by the purchaser.

6.4 All orders are processed when received, or on the next working day at the latest. Articles are delivered in Belgium by Bpost. The seller will make every effort to ensure that the order is despatched to the delivery address within 30 days after confirmation; the specified delivery deadline is for information purposes only. Possible delays do not open rights to compensation.

The parcel delivery service will go to this address between 8 am and 6 pm on working days and present the parcel or parcels to the recipient or to any other person present at this given address. If nobody is home, a notice of attempted delivery will be left at the delivery address. It will then be for the purchaser to contact the parcel delivery service to agree either a new delivery date at the same address or a new delivery date at a different address or collection at the nearest Post Office. Failure to do so within 15 days from the date of the attempted delivery notice left by the parcel delivery service or if the purchaser is absent on the occasion of a second delivery attempt will result in the order being returned automatically to the seller, who will contact the purchaser to schedule a new delivery of the order. In this case, the purchaser can be charged for additional delivery costs.

Articles that are delivered outside of Belgium will have a longer transport deadline. The means of delivery will depend on the postal services in the country in question. For international deliveries, additional taxes and/or costs may have to be paid by the purchaser when picking-up his/her article. Articles are delivered to the address specified by the purchaser when placing his/her order.

6.5 If the purchaser has designated the parcel delivery service, the transfer of risks to the purchaser shall be made at the moment the products ordered are made available to the delivery service. Material proof that they have been made available will be provided by the control system used by the parcel delivery service.

6.6 The purchaser will check goods’ packaging at delivery and inform the carrier of possible damages, expressed by handwritten reserves on the delivery slip followed by the purchaser’s signature. It is the purchaser’s responsibility to check dispatches on arrival and to express any reservations or complaints that may seem justified, or even to refuse the parcel if it looks as if it has been opened or if it shows clear signs of damage. If there are any complaints after taking delivery of the order it is essential to send an email to julie@pourkwapa.be, mentioning “Delivery complaint”, with supporting photos, within 48 hours of taking delivery of the order.

  1. RIGHT OF WITHDRAWAL AND PRODUCT RETURN PROCEDURES

7.1 The purchaser has a period of fourteen (14) calendar days, commencing the day after the delivery date, to cancel his purchase, without penalty and without having to provide justification, in accordance with Belgian economic law.

Within this period, the purchaser must inform the seller of his intention to make use of his right of withdrawal in the following way:

– Send an email to julie@pourkwapa.be.

– Provide surname and first name of the purchaser

– Give a detailed description of the article or articles in question, with quotation of the invoice number and date of issue

or

– by completing the form available on the SPF Economie (Belgian Federal Public Service, Economy) website

7.2 The return to the seller shall be made to the address given on the parcel, except for any instructions to the contrary given to the purchaser who must retain proof of dispatch.

7.3 If the purchaser wants to exchange the products rather than obtain a refund, he/she must state this in the e-mail, following which the seller will inform the purchaser of the article availability and of any supplement payable or partial reimbursement as applicable.

7.4 All costs and risks linked to the dispatch of returned products are borne by the purchaser. Shipping costs are non-refundable. If the purchaser receives a refund, the cost of return shipping will be deducted from the refund.

7.5 If the purchaser has recourse to his right of withdrawal and returns the products no later than fourteen (14) days following the communication of his decision to withdraw in accordance with the procedures agreed in the preceding paragraphs, the seller undertakes to reimburse the purchaser for the amount of the purchase price on reception of the products by the seller.

7.6 Once the seller receives the item, the seller will inspect it and notify the purchaser that it has received your returned item. The seller will immediately notify the purchaser on the status of the refund after inspecting the item. If the return is approved, the seller will initiate a refund to the purchaser’s credit card (or original method of payment). The purchaser will receive the credit within a certain amount of days, depending on the cards issuer’s policies. If the item did not return or was not approved, the seller will not refund it.

In the event of reimbursement for products returned, the seller will credit the credit card used for the payment of the said products for an amount equal to the purchase price of the said products, less the amount of purchase vouchers or discounts accepted at the time of placing the order.

7.7 The purchaser can only invoke the right of withdrawal if the products supplied have been used, have been damaged, have elements missing, or have had their labels removed.

7.8 The products must be returned with suitable protection, in their original packaging, in perfect condition for resale, with the receipt or proof of purchase and accompanied by any accessories, instructions for use, etc, failing which they can neither be accepted as returned nor exchanged.

7.9 Customised or personalised products/services may not under any circumstances be accepted as returned or exchanged.

7.10 Products returned but that cannot be accepted as returned by the seller remain with the seller at the purchaser’s disposal. The purchaser remains bound to pay for them. In the event of abnormal or abusive returns the seller reserves the right to refuse subsequent orders.

7.11 The seller indicates on the website the conditions, deadline and procedures that apply to the right of withdrawal as well as the model form for withdrawal.

7.12 Contact us

If you have any questions on how to return your item, contact us.

  1. PROTECTION OF PRIVACY IN REGARD TO THE PERSONAL DATA OF PURCHASERS

8.1 The seller collects data of a personal nature regarding purchasers, which are transmitted on the website or by e-mail. He undertakes not to divulge these data to third parties. They are confidential. They will be used by the seller’s internal services solely for processing orders with the aim of strengthening and personalising communication, in particular through information letters/e-mails as well as in the framework of the website personalisation in line with the stated preferences of the purchasers or for monitoring solvency.

8.2 The seller therefore does not sell, market or loan to third parties information on purchasers. The seller undertakes to first inform the purchaser of any transfer to or use by third parties of data of a personal nature and to allow him to exercise the right of refusal. The seller can also provide to third parties statistics concerning his purchasers, his sales, the structure of exchanges and information on his website, but these statistics will not contain any personal data. This article cannot, however, prevent the cession or transfer of activities to a third party.

8.3. The seller only retains data of a personal nature during the time needed to achieve the specific purposes with a view to which the processing is effected. To determine the appropriate period, account is taken of the quantity, nature and sensitivity of personal data, the purposes for which they are processed and the possibility of achieving these purposes by other means. Account is also taken of the need to conform to legal and regulatory obligations. When the data are no longer needed they will be destroyed.

8.4. Provided the legal conditions are fulfilled, the purchaser is entitled:

  • to request information to find out whether the seller possesses personal information and, if so, what this information is and for what purposes it is processed; 
  • to access his or her personal data and, if necessary, to correct them; 
  • to have his or her personal data deleted or their use limited; 
  • to lodge a complaint with the Data Protection Authority. 

The purchaser can exercise the rights mentioned hereabove by means of a dated and signed request accompanied, for security reasons, by a copy of his or her ID.  The request can be addressed to the seller by e-mail to julie@pourkwapa.be. If the request is clearly unfounded, access may be refused and reasonable costs can be invoiced.

  1. RESPONSIBILITY

The seller contracts obligations of means only, for all stages of access to the website, from the order to delivery and subsequent services. The seller cannot be held responsible for any inconveniences or damage inherent in the use of the Internet, specifically an interruption of service, exterior intrusion, or the presence of computer viruses, or any fact that could be described as a force majeure. In any event, the responsibility of the seller by the terms of the GCS cannot exceed an amount equal to the amounts paid or payable at the time of the transaction at the origin of the said responsibility.  In the event of non-performance, Pourkwa Pa’s liability may not be committed if such lack of or incorrect performance of the sale agreement is attributable either to the purchaser or to an unpredictable and insurmountable action by a third party who is not party to the sale, or a force majeure event.

  1. GUARANTEE OF CONFORMITY

The products/services benefit from the statutory guarantee of conformity, laid down in articles 649bis to 1649octies of the Civil Code, and the statutory guarantee covering hidden defects, laid down in articles 1641 to 1649 of the Civil Code. Among other things, the purchaser is entitled to have the seller repair or replace free of charge any products presenting non-conformities within two years of delivery (one year if a second-hand article), provided the request is submitted within two months of discovering the non-conformity. If a non-conformity appears within the first six months, the seller is a priori deemed to be responsible. However, the seller can be exonerated from this responsibility if the non-conformity is due to improper use on the part of the purchaser. If a non-conformity appears subsequently, the seller can request the purchaser to prove that it is a non-conformity that existed at the time of delivery of the article.

  1. INTELLECTUAL PROPERTY

The website pourkwapa.be belongs to Pourkwa Pa (Julie Seynaeve). All elements of pourkwapa.be, in particular literary, graphical, audio, photographic and electronic data. The site content, including the underlying technology, may be protected by copyright, trademark law or any other intellectual property right. The seller authorises the purchaser to place on his own website a simple link for direct access to the seller’s website. On the other hand, any hypertext link to the website that uses framing, in-line or deep linking technology is forbidden. In any event, any link must be withdrawn on simple request by the seller. Any reproduction or transfer, save for exceptions exhaustively acknowledged by law and Pourkwa Pa express and written agreement, is banned and may be submitted to civil and criminal sanctions on the grounds of infringement.

  1. CONTACT WITH THE SELLER

The purchaser has the option of contacting the seller by means of the e-mail address julie@pourkwapa.be.

Any claims relating to an online purchase shall be filed within 48 hours subsequently to order delivery under penalty of being inadmissible.

All claims shall be sent by email ; they will include the relevant article’s reference and precise reasons for the claim.

  1. INVALIDITY AND INTEGRALITY

If one or more of the GCS provisions should prove to be invalid the other provisions will retain their full force and scope.

  1. PROOF

The computerised registers, kept in the computing systems of the seller and his partners, will be considered as proof of communications, orders and payments made between the parties. In the framework of their relations, the parties accept the principle of electronic proof (for example: e-mail, backups, etc.).

  1. MODIFICATIONS

The seller reserves the right to change the GCS and will communicate the new version to the purchaser via the website.

  1. APPLICABLE LAW AND COMPETENT COURTS

The GCS are governed by Belgian law. In case of dispute, an amicable solution will be sought before taking any legal action. The seller and purchaser may also have recourse to the European Dispute Resolution platform. Failing an amicable resolution, the courts of the Brussels judicial district will have jurisdiction.

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