Terms and Conditions
GENERAL CONDITIONS OF SALE
CHRISTMAS-TREE.BE
Preamble
The General Terms and Conditions of Sale detailed below apply to all orders placed with CHRISTMAS-TREE.BE for all products and services offered, unless otherwise agreed in writing.
The present general conditions of sale are systematically proposed to the knowledge of each purchaser to enable him to place order. Consequently, the fact of placing order, implies the whole adhesion and without reserve of the purchaser to the present general conditions of sale.
Any contrary condition set by the buyer will be, in the absence of express acceptance, unenforceable against the seller, regardless of when it may have been brought to his attention.
The fact that the seller does not avail himself at a given moment of any of the present general conditions of sale, cannot be interpreted as a renunciation to avail himself later of any of the said conditions.
The information contained in advertisements, brochures, or any other written documents provided directly by the Company's agents or employees and/or distributed or communicated on any medium and in particular via the Internet constitutes an invitation to enter into negotiations and has no contractual value.
CMM is a private limited liability company with a capital of € 18.600,00
CHRISTMAS-TREE.BE
Chaussée de Tubize 332 A
1420 Braine-L'alleud
VAT number: BE 0832.111.629
2. Information
By agreeing to these terms and conditions of sale, the Customer acknowledges:
- be fully authorized or have the authorization of the authorized person before committing to an Order placed with CHRISTMAS-TREE.BE ;
- to have taken knowledge, in addition to the information appearing in the present general conditions, of the information on the essential characteristics of the products which it orders;
The information provided by the buyer when placing the order is binding. In case of error or incomplete information in the recipient's address, CHRISTMAS-TREE.BE cannot be held responsible for the impossibility of delivery.
3. Offers
3.1 The offers of Products are valid within the limits of available stocks.
3.2 The trees offered for sale are natural products. They are sold by size and by range of 25 cm for trees under 2 meters and 50 cm for trees over 2 meters.
3.3 The life span of a Nordmann fir is three weeks and that of a spruce two weeks, provided that they are not placed near a heat source, which would considerably reduce their life span.
3.4 When the tree is ordered in a pot, on a cross or in a water stand, the size of the tree includes the support.
3.5 The customer acknowledges that a tree may be wet and that CHRISTMAS-TREE.BE cannot be held responsible for any stains and/or scratches left on the floor.
3.6 The flocked trees are made on demand, which is why a preparation time of 48h min is necessary for their preparation.
3.7 The Christmas decorations and lights offered for sale are quality products (to EEC standards) and have been selected.
The order of decorations does not include their installation.
3.8 The location specified by the customer for the installation of the tree must be reasonably accessible.
In the event of an order for a tree with a height of more than 2.20m, the customer expressly undertakes to check that the passage to the installation site is suitable. In any case, the passage cannot be less than one meter in width.
3.9 The photos of the Products presented on the website www. CHRISTMAS-TREE.BE are the most accurate reproductions possible. CHRISTMAS-TREE.BE cannot be held responsible for minor differences (in size, color difference, balance, possible holes...).
3.10 In case of stock shortage, CHRISTMAS-TREE.BE will send the customer a refund of the price of the ordered item plus shipping costs.
4. Reserve
In the case of a dispute in progress and out of payment - such as late delivery, quality of the delivered product... - CHRISTMAS-TREE.BE may have to review with the customer the conditions of the processing of a new order.
5. Control
Orders can only be placed via the Internet at www.Christmas-Tree.be
Any order of trees, request for delivery at home, or request to take back trees can only be done through the online form (http.//www.Christmas-Tree.be or by email: sapins@Christmas-Tree.be).
The Parties shall not be bound if the order or requests are made by any other means.
5.1 Taking the Order
The customer can order only via the website or by email for trees over 3 meters.
The customer will have to open a customer account and fill in an order form specifying some mandatory fields, considered as necessary information for the management of the said order and for the commercial relations, so that the order can be taken into account.
The non-emancipated minors do not have the capacity to contract. The collection of data from minors must be the subject of an information, by the latter, with the parental authority.
CHRISTMAS-TREE.BE draws the Client's attention to the fact that the online Order on the Website is secured.
The Customer must verify the exact Product(s) ordered, the quantities ordered, and the shipping location of the Order.
5.2. Order Confirmation
If CHRISTMAS-TREE.BE accepts the Order, it will notify its acceptance by issuing an Order Confirmation sent to the Customer at its e-mail address.
The sale will be considered as final only after CHRISTMAS-TREE.BE has sent the client a confirmation of the order, indicating that the Products have been shipped.
CHRISTMAS-TREE.BE reserves the right to refuse any Order from a Customer for a legitimate reason, in accordance with the legislation in force.
It is thus entitled to refuse any abnormal order or order placed in bad faith. Moreover, the Company will be entitled to refuse any order from a customer with whom there is a dispute regarding the payment of a previous order with CHRISTMAS-TREE.BE, or with any other merchant.
5.3. Cancellation of the Order
5.3.1. Cancellation of the Order by the Company
An Order can always be cancelled by CHRISTMAS-TREE.BE in case :
- of unavailability of the Product(s) ordered;
- failure of the Customer to pay the Order Price within the time limit set
- force majeure (in particular: unforeseeable delays in deliveries or defective deliveries from suppliers);
Case of unavailability of the Product(s) ordered
Due to the specificity of the Internet network, the company does not guarantee on its site the availability of all products in real time. In case of temporary or permanent unavailability of one of the products, the company will inform the Internet users through its website or by sending an email to a valid email address provided by the customer. The company will then propose the replacement of the ordered product by an equivalent product (quality and price), or a credit note, or to exercise your right of resolution (cancellation of your order).
5.3.2. Cancellation of the Order by the customer
Any request for cancellation of an order must be made before the shipment of the products, to be taken into consideration and at the latest 1 hour after the recording of this one. After this time no cancellation will be possible.
5.4. Retraction period
5.4.1 In accordance with article VI.53, 4° of the Code of Economic Law, the consumer cannot exercise the right of withdrawal provided for in article VI.47 of the same Code for Products susceptible to rapid deterioration, which is the case of natural and flocked trees.
Any order of perishable products will therefore result in the delivery of the product(s) ordered. As a result, and in the absence of having cancelled the order within the hour of placing it, no retraction will be materially possible.
You will then be deemed to have waived the right of withdrawal within the legal time limit.
Indeed, the perishable nature of Christmas trees is an exception to the right of withdrawal.
5.4.2 For items that are not subject to rapid deterioration, we thank you for contacting Customer Service at sapins@Christmas-Tree.beet beforehand, and for returning your item(s) in their original packaging within 14 days of receipt to the address indicated by Customer Service.
For opened, unsealed, dirty, incomplete, damaged, or non-conforming items, no right of return will be granted. In this case you remain the owner of the product. If you wish, the product will be sent back to you and the shipping costs will be at your charge.
Within 15 days or less: you will receive a refund by bank transfer or credit card refund (depending on your initial method of payment) equivalent to the amount of the returned products, excluding shipping costs. The possible expenses of return being chargeable to the customer
Shipping and return costs are always at the customer's expense. Unstamped shipments will be refused and returned to the sender.
Your refund request will only be taken into account after the arrival of the returned items at CHRISTMAS-TREE.BE.
Goods must be returned to the following address
CHRISTMAS-TREE.BE SPRL
Chaussée d'Alsemberg 332A
1420 Braine-L'alleud
Belgium
5.4.2 Consequences of withdrawal
In the event that the Client cancels the Order, any payment already made by the Client and received by the Company shall be reimbursed to the Client by the same method of payment chosen by the Client, less shipping costs, and excluding any other compensation or damages, in accordance with the legal provisions in force in the Benelux countries, i.e. within a maximum period of thirty (30) days as of the day following the date on which the Client sends the request;
6. Request for Recovery
6.1 At the customer's request, the tree(s) will be picked up at the same address as the one indicated for delivery.
The return service must be specified when ordering the tree(s), or be made by written request to: sapins@Christmas-Tree.be.
The date of the actual collection of the tree is fixed by mutual agreement between the parties, either in the morning, between 8:00 a.m. and 12:00 p.m., or in the afternoon, between 12:00 p.m. and 6:00 p.m.
When the date is set, the customer agrees to be present at the address and time indicated.
6.2 If the customer is absent at the time of collection, and if this results in CHRISTMAS-TREE.BE not being able to collect the tree, the collection obligation of CHRISTMAS-TREE.BE shall be deemed fulfilled.
Without prejudice to the previous paragraph, the Parties may agree on a new date of passage, the price of which will be invoiced at 25 € including VAT.
6.3 The return service is limited to the removal of the tree.
At the time of recovery, the tree must be free of any decoration.
The take-back service does not include the removal of the tree thorns from the ground.
6.4 If the tree has not been emptied of its decorations at the time of pick-up, it will be charged a flat rate of :
160,00 € without VAT for trees from 1 to 2 meters ;
250,00 € without VAT for trees from 2 to 3 meters;
This both in the hypothesis of a removal of the decorations that the customer recovers, and in view of an ecological destruction of these;(
7. Awards
7.1 The price is established on the basis of :
- the size of the trees chosen - by 25 cm scale for trees under 2 meters and by 50 cm scale for trees over 2 meters.
7.2 In addition to the particular case :
- the type and number of decorations ordered;
- of the delivery price ;
- as well as the information provided by the customer at the time of contracting.
This amount may be revised in the event of changes in these elements or in the scope of services.
Our prices are indicated in euro and inclusive of all taxes, excluding postage and packing.
7.3 CHRISTMAS-TREE.BE may modify its prices at any time but commits itself that the products will be invoiced on the basis of the prices in force at the moment of the registration of the order, subject to availability at this date and to its effective payment.
7.4 In reference to articles 1226 and following of the Civil Code, the client who unilaterally and prematurely breaks the contract mentioned above, will pay to CHRISTMAS-TREE.BE, as a penalty clause, fixed and irreducible, the sum of 62,00 €.
In addition, CHRISTMAS-TREE.BE shall have the right to demand greater damages when it can prove the extent of its loss.
8. Payment
8.1 The payment methods accepted by CHRISTMAS-TREE.BE are the following:
Maestro/Carte Bleue credit card
American Express ,Visa, Mastercard
Species
The invoices of CHRISTMAS-TREE.BE are due upon receipt, net and without discount.
8.2 Non-payment shall automatically and without notice of default result in interest being charged at the rate of 12 % per annum.
In addition, as a penalty clause, non-payment gives the right to compensation equal to 15 % of the total amount due with a minimum of 62.00 €.
8.3 Any invoice issued by CHRISTMAS-TREE.BE is definitively accepted by the client if it has not been contested by registered letter within a week of its receipt.
9. Retention of title clause
The products and goods sold remain the property of CHRISTMAS-TREE.BE until full payment of the price.
10. Payment and data security
10.1. Banking transactions
Online: secure transaction through Ingenico payment system.
10.2. Protection of the consumer paying by credit card
To guarantee you a safe shopping experience, CHRISTMAS-TREE.BE implements all the necessary procedures to protect you against fraudulent use of your credit card.
- Secure payment site;
- Control and blocking of orders identified as fraudulent;
- Control and blocking of IP addresses identified as fraudulent;
In the event of a fraudulent debit on your bank account, we recommend that you contact your bank immediately.
11. Delivery
11.1 All our Products are prepared on demand and shipped directly from the various production sites. In your interest, shipments may be postponed from the date indicated at the time of ordering due to weather conditions or information about disruptions on the road network.
Orders are shipped by LA POSTE (for France/Belgium) GO FAST (for Belgium) or by another private carrier, in the order of their reception and within the limit of available stocks.
CHRISTMAS-TREE.BE may have to change the carrier announced at the time of the order if however an unforeseen event was likely to hinder the good delivery of the order (strike, road disturbance...) or if it turns out to be more adapted to the order (volume, size and quantity).
The delivery is planned at the entrance of the building (first floor) and by time slot (9am - 12pm and 2pm - 6pm).
11.2 The signing of the delivery note by the customer or his representative is equivalent to acceptance of the tree.
If the customer is a legal entity, the latter undertakes to ensure that a person validly authorized to commit the company is present at the time of delivery.
11.3 Three delivery methods are possible depending on the items ordered:
1) For natural trees [only for Belgium] the delivery is assured by us and is planned at the customer's place;
12. Ordering process and delivery
12.1 The delivery is made within the period indicated in the order, by the direct handing-over of the product to the announced recipient.
Acknowledgement of receipt by the identified recipient will be required.
For a "gift" order or "delivery address different from the billing address", we recommend that you check in the "delivery" section the details of the person to contact in order to make the delivery.
In case of incomplete address, wrong address, refusal of the parcel by the recipient or lack of information leading to an impossibility to deliver the product to the recipient in time, no responsibility can be attributed to CHRISTMAS-TREE.BE.
In case of absence of the addressee at the time of delivery, or if lack of information leads to a second presentation to the addressee, CHRISTMAS-TREE.BE will charge the costs related to this second delivery at the fixed price of 25,00 € TTC - this second delivery will follow the predefined schedule per region.
12.3. Delivery Incidents
12.3.1 Delayed Delivery:
In the event of a proven delay in delivery in relation to the date indicated at the time of the order, we thank you for contacting Customer Service in order to open a delivery investigation with the carrier concerned. Concerning more particularly the Fir trees, the delivery date indicated on the order form is likely to change if the weather conditions do not allow the sending of the order in good conditions.
To register a complaint with the Customer Service, we thank you to indicate your coordinates, your invoice number, the references of the product or products appearing on the invoice and specify the reasons for your complaint.
12.3.2 Incomplete or non-conforming delivery (due to the carrier) :
The package may be damaged or its contents may have been partially or totally stolen.
If you notice such an error, please mention it on the carrier's slip and refuse the product by sending it back to us. In case of knowledge of this error after the departure of the carrier, please report this anomaly by email to sapins@Christmas-Tree.be, with a photo, within 24 hours of receipt of the order.
12.3.3 Incomplete or non-conforming delivery (due to the company) :
In spite of the care taken in the preparation of the orders, it is possible that a product is missing in this one, or that an error occurred during the preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 24 hours of receiving the order. This notification can be made by e-mail to sapins@Christmas-Tree.be.
12.3.4 Lost package :
In the event that a parcel is lost by one of our transport providers, please inform us as soon as possible.
The company will investigate with the relevant departments.
13. Vandalism / Sabotage
CHRISTMAS-TREE.BE guarantees the installation of the trees and or decorations it puts in place at the time of delivery and approval of the latter by the Customer.
If, after delivery, the trees and/or decorations are damaged as a result of malicious acts, sabotage or vandalism, the Customer shall be responsible for any reinstallation.
Similarly, in case of high winds/ earthquake/ war/ lock out/ attacks/ etc., CHRISTMAS-TREE.BE cannot guarantee that the trees and/or decorations will not be damaged. CHRISTMAS-TREE.BE cannot guarantee that the trees and/or decorations put in place will not suffer any damage. In any case, the possible re-installation remains at the expense of the Customer.
14. Customer Service
For any information or question, our Customer Service is at your disposal: sapins@Christmas-Tree.be
By e-mail via the contact form of the site.
15. Intellectual Property
All texts, illustrations and photographs presented on the CHRISTMAS-TREE.BE website are protected by intellectual property rights.
Any reproduction is strictly forbidden.
16. Responsibility
16.1 The products offered are in conformity with the Belgian legislation in force.
16.2 The installation and removal of the tree takes place under the direction and responsibility of the client or his representative as soon as CHRISTMAS-TREE.BE's staff arrives at the address indicated.
Christmas-Tree.be can not be held responsible for any damage caused during the installation or removal of the tree.
16.3 The photographs and texts reproduced and illustrating the products presented are as faithful as possible to the articles that will be shipped to you. CHRISTMAS-TREE.BE cannot be held responsible for minor differences (size difference -50 cm range-, color, balance, holes ...).
16.4 CHRISTMAS-TREE.BE shall not be held responsible for the non-performance of the contract concluded in case of unforeseeable and insurmountable event of a third party to the contract (disturbance, total or partial strike notably of the postal services and means of transport and/or communication, flood, fire...) or fault of the customer. Naturally, CHRISTMAS-TREE.BE undertakes to do its utmost to implement a solution aiming at fulfilling the agreed contract as soon as possible.
16.5 The products offered for direct sale by CHRISTMAS-TREE.BE are those listed on the website www.Christmas-Tree.be, on the day of the consultation of the said website by the Internet user, and within the limits of available stocks.
16.6 The choice and the purchase of a product or a service are under the sole responsibility of the customer. The total or partial impossibility to use the products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, refund or questioning of the responsibility of CHRISTMAS-TREE.BE, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal.
16.7 Hyperlinks may lead to partner websites, which are solely responsible for their content.
17. Cautionary note
Natural trees and flocked trees are natural products.
The flocked trees are treated with a fireproof product (M1 flame retardant).
These products are still flammable and should not be placed near a heat source.
All our products sold are EEC certified.
18. Warranty
18.1 CHRISTMAS-TREE.BE is liable for defects in conformity of the goods with the contract and for hidden defects under the conditions provided for in articles 1641 to 1649 of the Civil Code.
Article 1641 of the Civil Code
" The seller is bound by the warranty for latent defects of the thing sold which render it unfit for the purpose for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have given only a lesser price, if he had known about them. "
Article 1648 Civil Code
" The action resulting from redhibitory defects must be brought by the purchaser, within a short period of time, according to the nature of the redhibitory defects, and the usage of the place where the sale was made. "
18.2 CHRISTMAS-TREE.BE also undertakes to exchange any tree ordered within 10 days of delivery, providing the reasons and a photo justifying the dissatisfaction of the Customer. The tree is exchanged for a tree with the same characteristics as those specified at the time of the order. The replacement of the tree can only occur once.
This is without prejudice to the right of CHRISTMAS-TREE.BE not to proceed with the replacement of the tree and to reimburse the customer for the price of his order (always excluding delivery or return costs).
18.3 For any technical problem or request for information, contact the customer service department: sapins@Christmas-Tree.be.
18.4 The return of a Product will only be accepted if it is the subject of a complaint and a prior request, with a photo to support it, and if the buyer follows the instructions issued by the customer service.
When returning an item under warranty, it must be returned in its original packaging, with all accessories, instructions and documentation, and the return agreement email from CHRISTMAS-TREE.BE customer service.
Any incomplete return or whose packaging is deteriorated will be refused and returned to the customer at his expense.
After noting the non-conformity of the product compared to the offer, CHRISTMAS-TREE.BE will proceed to an exchange with a product of the same reference of an identical or superior quality according to its availability. In this case, the buyer will keep the possibility to ask for a refund.
In case of unavailability of the Product, CHRISTMAS-TREE.BE will proceed to the reimbursement of the price [excluding shipping costs].
19. Data protection
By placing an Order, the Client agrees that CHRISTMAS-TREE.BE can store, process and use the data collected from this Order in order to process it.
Some of this information may be transferred to companies involved in the delivery of the Products ordered.
CHRISTMAS-TREE.BE processes personal data in accordance with Regulation (EU) 2016/679 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 (GDPR) and other legislative provisions concerning the protection of personal data.
CHRISTMAS-TREE.BE informs you that you can consult your personal data, have them corrected or, if you have good reasons, have them limited or deleted. Furthermore, you have the right to data portability.
You may withdraw your consent to the processing of personal data at any time.You may object at any time to the use of the data we process for direct marketing purposes. You can invoke the rights to withdraw your consent and the right to object, without justification, in writing, together with a copy of the front of your identity card, to the address: sapins@Christmas-Tree.be.
20. Applicable law / Disputes
This contract is subject to Belgian law. The language of this contract is French/Dutch/English.
In the event of disputes, the parties will attempt to reconcile.
If this is not the case, they acknowledge the exclusive jurisdiction of the courts of Nivelles [Justice of the Peace], and that only Belgian law will apply.
For private individuals, the competent court in case of dispute will be that of the place of residence of the defendant or, at the choice of the defendant, the place of actual delivery of the product.
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