Article 1. Identification of the seller S.A. TCONCEPT COMPANY 178 Chaussée Romaine4300 WaremmeBelgiumCompany number: 0823.462.989Telephone number: +188.8.131.52.82 (local call cost)Email : firstname.lastname@example.orgWebsite: www.teh.euArticle 2. Object 2.1. The following are governed by the General Conditions (hereafter the "General Conditions of Sales”) and apply equally to sales realized off-premises or online on the website (hereafter the “Website”). The General Conditions of Sales govern the contractual relationship with the customer (hereafter "the Customer) and the S.A. TCONCEPT COMPANY (hereafter "TConcept"). 2.2. The Customer shall read carefully these General Conditions of Sales before placing an order. Consequently, by placing an order the Customer implies complete compliance with these General Conditions of Sales, which prevails over any other previous versions or any of the general provisions presented in any other form of documents (leaflets, catalogues, etc.) issued by TConcept and which have no guide value.2.3. TConcept reserves the right to modify at any given time the present General Conditions of Sales. The Customer will be subject to the general conditions in force at the time of the purchase order. Article 3. Products - Orders3.1. Upon providing personal details in the section “My account”, the Customer must make sure of the exactitude and comprehensiveness of the provided information and data. TConcept shall not be held liable for any inconveniences caused by a misspelled wording in the contact details of the Customer (which includes the inability to deliver the products).3.2. The products (hereafter the “Products”) governed by the General Conditions of Sales are the products commercialized by TConcept and are displayed on the Website and on all the internet pages associated with the Website. The Products are described with care by a short text and either one or several pictures (one should note that the colour rendering may vary depending on the computer used).3.4. Regarding off-premises purchases, the Products are presented to the Customer who is familiarizing himself or herself with the operating mode and the functionalities of the Products. The Customer shall ask all the questions he or she fancies and enquire about the use of the Products as well as their characteristics to the employee or sales representative of TConcept. From then on, the Customer who places an order acknowledges being perfectly informed of the specificities of the different Products by the customer adviser or any employee or sales representative from TConcept. The Customer also acknowledges that he or she has freely and under his or her sole responsibility determined the content of his or her order. The Customer can contact the Call Centre via the phone number disclosed in Article 1 if he or she wishes more information about the different Products. 3.5. The sole purchase orders confirmed and validated by TConcept in written are irrevocable. 3.6. Once a purchase order is confirmed and the payment received, accordingly to the Article 5, cancelling the order will result impossible; provided that the right of withdrawal can be applicable, in accordance with the Article 8 hereinunder. Article 4. Price – Shipping fees4.1. The prices of the Products are shown in euros, and include VAT, the Recupel contribution and other taxes and contributions. 4.2. Unless otherwise stated, the price includes the shipping fees when the shipping address is in Belgium. When the shipping address is located abroad, the shipping fees will be charged to the Customer and vary according to the total amount of the order and the destination country. These fees are calculated and then specified during the check out on the Website. For a delivery outside the European Union, custom fees and other taxes for the importation of Capsules in effect in the destination country will be charged to the Customer. Unless otherwise stated, all the resultant formalities will be charged to the Customer.4.3. The Products are charged at the prevailing price at the time of order. Article 5. Payment5.1. Generally speaking, the payments are made online via credit card and are protected. By validating the order, the Customer accepts the terms and conditions of payment. The date of the order validation corresponds to the date of the credit card payment, given than the payment is previously accepted and validated by our operating system. 5.2. Once the payment is received, TConcept sends a confirmation email to the Customer and will proceed with the delivery of the order, as mentioned in Article 6 hereinunder. Article 6. Delivery – shipping6.1. The deliveries are shipped according to the available stocks and according to the order in which orders were placed.6.2. Unless notified explicitly and in writing, the Products are shipped to the address given by the Customer, within a 5-business days period following the date on which the account of TConcept is credited of the first Fee. 6.3. The Products are directly delivered to the Customer. A proof of identity of the Customer (or a copy of thereof) can be asked upon delivery. The Customer signs the delivery order. 6.4. TConcept makes sure that the orders are processed without undue delay. However, the delivery time is provided for information purpose only and is free of any subsequent commitment. The delivery time is subject to variation, particularly regarding the limit of stocks available. A delay in the delivery time cannot in any circumstance be subjected to damages in favour of the Customer nor to an order cancellation in favour of the Customer. In the event of a delay caused by a case of force majeure as characterized in Article 11, TConcept can extend the delivery periods without any compensation payments in favour of the Customer, nor deductions, nor a cancellation of the order from the Customer; given that TConcept will keep the Customer informed of any case of force majeure and will disclose the new delivery date as soon as possible. However, if the purchase order has not been delivered in a 30-business days timeframe following the receipt of the payment by TConcept, the Customer can contact TConcept by email or by phone to check the order status. If need be, TConcept will defer the delivery of the Products and will ensure that the situation is addressed in a timeframe tailored to the circumstances. If the delivery is not delivered upon the additional allocated timeframe, the Customer may proceed with the termination of his or her order given than he or she will not be able claim any compensation related to the delay that has occurred. The termination of the order by the Customer is governed by the present article and is effective in a definitive manner according to the provisions of the articles 2044 to 2058 of the civil code. TConcept will refund any sum payed under the contract by the Customer without undue delay.6.5. TConcept cannot be held accountable for any loss or damage made upon the delivery while in transfer from the Customer’s haulier of choice. TConcept also cannot be held accountable for any further damage ensuing from a late delivery or non-delivery by the haulier. Article 7. Conformity – Complaint 7.1. It is the responsibility of the Customer or the haulier chosen by the Customer to ensure the safe travel of the Products. Moreover, it is also the responsibility of the Customer to disclose his or her reservations or warranty claims than can appear justified (damaged item(s), error, omission, …).7.2. In the event of a conspicuous defect or non-conformity in terms of quality or quantity of the Products as mentioned in the confirmation email, the Customer must imperatively voice his or her complaint regarding external damage made to the package and within a 2-business day timeframe following the receipt of the order. Any complaints filed beyond this period will be rejected. The Customer is urged to contact our Call Centre to register a complaint. The Customer then must send the Products back via registered mail, in the state in which they were delivered to the mailing address disclosed in Article 1. The Customer specifies the order number, the references and quantity of the Products ordered and any Products delivered by mistake.7.3. If the conspicuous defect or non-conformity of the Products is confirmed by TConcept, the latter will thusly deliver new Products to the Customer, or if dealing with unavailable Products, will proceed to a full refund of the Products.Article 8. Right of withdrawal8.1. The Present article governs the sale of Products to consumers. Consumer being the natural person acting on his or her private behalf and not part of any regulated business, industrial, artisanal or liberal operation (hereafter the “Consumer(s)”). 8.2 In the event of distance selling made online via the Website or of off-premises sales, the Consumer can abandon his or her purchase without stating his or her reasons, in a 14-day timeframe starting the day the Consumer (or any third party other than the haulier and chosen by him or her) take possession of the first delivered Products.8.3. Consequently, the customer shall state in written his or her desire to withdraw in a 14-day timeframe following the receipt of the Products. This declaration of withdrawal shall be addressed either via a withdrawal form available on the Website or via a declaration void of any ambiguity stating clearly his or her decision to withdraw. The aforementioned can be sent by email at email@example.com or by mail to the address disclosed in Article 1. In such cases, an acknowledgement of receipt is sent by TConcept. The Consumer will then receive the instructions to return the Products without undue delay and no later than in a 14-day timeframe following the declaration of withdrawal.8.4. For health reasons, the Consumer cannot exercise his or her right of withdrawal for tea capsules whose caps have been removed and/or packaging has been opened.8.5. The return shipping fees are at the Consumer’s expense. 8.6. In the event of loss or damage to the returned package, TConcept will not proceed to the reimbursement of the purchase order. The Consumer shall therefore make a complaint to his or her haulier.8.7. A confirmation email is sent by TConcept after receiving the declaration of withdrawal and receiving the returned Products.8.8. The Products must be returned in their original packaging and in their original condition. The Consumer is held responsible for the depreciation of the Products resulting from unnecessary manipulations to ascertain the nature, characteristics and proper functioning of the Products. The customer shall also manipulate the Products with care.8.9. Within the 14 days following the statement of the decision to withdraw from the Consumer to TConcept, all amounts paid will be refund, minus the shipping fees and, if need be, of the aforementioned depreciation alongside with the price of any box already opened. 8.10. TConcept reserves the right to defer the refund until safe reception of the Products.Article 9. WarrantyThe Customer has a two-year warranty applicable for the non-conformity of any Products in the state in which they were delivered in, in compliance with the law of September 1, 2004 linked with consumer protection in the event of sales of consumer goods. This warranty covers only the non-compliant Products that are delivered in said state. Are thereby excluded : - Any direct or indirect damage inflicted on the Product after delivery (for instance oxidization, bumps, drops,…);- The damage following a fire, water damage, lightning, accident, natural disaster;- The defects caused deliberately or by lack of oversight, by not handling with care or an unusual and non-compliant use of the Products as mentioned by the manufacturer;- The damage following a commercial, professional or collective use;- The replacement of pieces or accessories whose replenishment is common and required;If the observation of the possible non-compliance occurs more than 6 months after the delivery, the Customer shall therefore prove that the said non-compliance was already apparent at the time of the delivery. Any request must be addressed via our Call Centre. When the Customer contacts directly the manufacturer, all additional fees are at the Customer’s expense. In the event of the intervention of a third-party that is not certified by TConcept, the warranty is rendered null. In the event of any defects covered by the legal warranty, TConcept will:- Either fix the machine or make an exchange, insofar as the stocks are available. - Or, if fixing or replacing the machine is not possible and cannot be executed in a timely manner, to refund the entire retail price of the machine (guaranteed that the observed defect is mild) or to reduce the retail price in a sensible manner. The present conditions and restrictions do not impact on the legal requirement at work.
Article 10. After sale assistanceFor assistance and/or reclamation, the Customer can contact the Call Centre of TConcept at the phone number specified in Article 1.
Article 11. Force majeure The force majeure gives the right to TConcept to terminate, fully or partially, the purchase order or to defer its execution without period of notice nor compensation for the Customer. Force majeure includes any external, unforeseeable and irresistible event, as defined in the Article 1148 of the Civil Code and as defined by the courts.Article 12. Processing personal data12.1. The personal data provided by the Customer is only collected to the necessary extent for the processing of the purchase order, and possibly for issuing newsletters. These data can be communicated to a third-party by TConcept, such as the haulier but only to the necessary extent for the processing of the purchase order. To respect its customers’ private life, TConcept commits to collecting and processing these personal data accordingly to the applicable legislation of December 8, 1992 of data protection. Under this law, the Customer has the right of to oppose, to access, to correct and to suppress all personal data available. This right is exercised by sending a mail or an email to the addresses disclosed in Article 1 or by calling our Call Centre. The Customer can also access and modify his or her personal data directly in his or her Account, available under the tab “Modification of personal data”.12.2. Cookies can be used when accessing the Website. Cookies are small files which are sent by the Website. They are stored by the Customer’s web browser onto the internal hard drive of the computer. Their aim is to signal a prior visit from the Customer on the Website amongst other. Cookies can also be used in order to customize the service offered to the Customer. The Customers can decline the saving of cookies by configuring his or her internet browser.Article 13. Intellectual property The brand “TeH”, the Website alongside with all the products and original designed visible on the Website is protected by copyrights, patent law, trademark law and any other intellectual property law governed by Belgian and European law. Any copy or counterfeit of any design, products or order, alongside with any partial or full use, adaptation, modification, assimilation, translation, commercialisation, by any methods and on any support (being paper, numeric, …) of all or a part of the Website and/or specific components (motifs, illustrations, pictures and texts, …) is strictly prohibited, except for special authorizations written beforehand by TConcept, and will be the subject of judicial proceedings. Article 14. NullityThe possible nullity or invalidity of one of the present dispositions does not lead to the nullity of any other dispositions that remain perfectly valid.Article 15. Renunciation The fact for one the party not to take advantage of a neglect by the other party in one of the obligations stated in the contract shall not be interpreted as a waiver for the present obligation in the future.Article 16. Applicable Law and forumThe present contract is subject to Belgian law. All disputes in relation with the validity, the execution or the interpretation of the contract or any purchase order will go the jurisdiction of the tribunals from the Walloon Brabant District Court.