TERMS OF SALE

1.DESCRIPTION

 

1.1 These General Terms and Conditions (GTC) define the rights and obligations of the parties in the context of the sale of products/services (hereinafter referred to as the "products/services") via the website www.cerenzeren.com (hereinafter referred to as the "website"). These GTC govern any sale of products made on the website.

1.2. The GTC are concluded between, on the one hand, www.cerenzeren.com (ZEREN Ceren, Quai Orban 22/032, 4020 Liège, Belgium, cerenzeren.info@gmail.com, 0465492320, affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Crossroads Bank for Enterprises of Belgium under number 0896.755.397 (VAT BE 0896.755.397) with its registered office at 72, Rue Emile Coenraets, 1060 Brussels, Belgium, hereinafter referred to as the "seller") and, on the other hand, the person placing an order, hereinafter referred to as the "buyer". The buyer and the seller are hereinafter collectively referred to as the "parties".

1.3 Any order for a product offered on the website (hereinafter the "order") implies prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditioned by a handwritten signature from the buyer. In accordance with the provisions of the law of July 9, 2001 establishing certain rules relating to the legal framework for electronic signatures and certification services, validation of the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature and constitutes proof of the entirety of the order and the enforceability of the sums due in execution of said order.

1.4 The buyer who wishes to purchase a product on the website declares to have full legal capacity.

 

2.PRODUCTS/SERVICES FOR SALE

 

The products/services offered for sale are those displayed on the website, with a description of their essential characteristics, on the day and at the time of consultation of the website by the buyer, and within the limits of available stocks. The seller makes every reasonable effort to display the availability of products/services in real-time on the website, but cannot be held responsible if a product is no longer available to fulfill the order placed by the buyer. In case of unavailability of one of the products/services ordered, the buyer will be informed, and will have the possibility, either to modify the order, or to cancel it, in which case he will be refunded the amount of his order if he has already made the payment.

 

3. DISPLAYED SELLING PRICES OF PRODUCTS/SERVICES

 

3.1 The price of each product is displayed on the website (hereinafter the "purchase price") in euros and including VAT. This price is valid in countries for which delivery is possible on the website, and does not include preparation and delivery charges, also borne by the buyer, nor the deduction of any discount or voucher granted to the buyer on a personal basis. The seller reserves the right to modify its prices at any time, but the products/services will be invoiced based on the purchase price in effect at the time of validation of the order.

3.2 When ordering, the buyer undertakes to pay, in addition to the purchase price of the products/services ordered, the preparation and delivery charges (hereinafter the "charges"). These charges vary depending on the type and quantity of products/services ordered, and the chosen delivery method, and are inclusive of VAT. The buyer can consult the amount of these charges on the website by consulting his "Basket", where a calculation of the total amount corresponding to the purchase price of the products/services and the charges is displayed. The seller reserves the right to modify the amount of the charges at any time, but the charges will be invoiced based on the rates in effect at the time of validation of the order, and subject to availability. These charges remain due and will not be refunded if the buyer returns all or part of the order under his right of withdrawal.

3.3 Products/services are only delivered to countries for which the website allows delivery. Buyers wishing to have their order delivered to one of the authorized countries but to an island of these countries will be charged an additional delivery fee. Any incorrect delivery address is the responsibility of the buyer and may result in additional charges. The indicated delivery times are not binding but are given purely as an indication. No delay in delivery shall entitle the buyer to payment of damages. The seller has the right to make partial deliveries. In case of non-delivery of goods, any sums paid by the buyer will be refunded without interest or any other form of compensation.

 

4.ORDERING PROCEDURES

 

4.1 To place an order, the buyer must fill out the order form made available on the website, on which he will include the information necessary for his identification, including his name, first name, and delivery address. The seller cannot be held responsible for the consequences of providing incorrect information. After completing the order form, the buyer is invited to complete the order process by clicking on "Validate my order". By doing so, the buyer declares to fully and unreservedly accept all of these GTC and undertakes to pay the full amount due, i.e., the purchase price, plus the charges, and minus any vouchers or discounts applied.

4.2 The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer during registration (hereinafter the "order confirmation"). 

 

This order confirmation will mention in particular:

 

1° the main characteristics of the goods or services ordered; 

2° the seller's identity, including its company number and business name;

 3° the geographical address of the seller as well as its telephone number and email address; 

4° the total price of the goods or services including all taxes and any additional transport, delivery, and other costs; 

5° the payment, delivery, and performance methods, the date on which the company undertakes to deliver the goods or perform the services; 

6° the procedures provided by the company for handling complaints; 

7° the conditions, time limit, and methods for exercising the right of withdrawal; 

8° the conditions under which the consumer will not benefit from the right of withdrawal, as set out in Art. VI. 53 of the Economic Law Code and Art. 7 of the GTC; 9° the existence of a two-year conformity guarantee (one year if the products are second-hand), as provided for in Articles 1649bis to 1649 octies of the Civil Code, and a hidden defects guarantee, provided for in Articles 1641 to 1649 of the Civil Code, and in Art. 10 of the GTC; 10° the possibility to contact the European platform for online dispute resolution, to initiate an amicable settlement procedure. 11° where applicable, the existence of after-sales assistance to the consumer, after-sales service, and additional commercial guarantees, as well as the conditions relating thereto; 12° where applicable, the existence of applicable codes of conduct and how to obtain a copy thereof; 13° where applicable, the duration of the contract or, if it is a contract of indefinite duration or automatically renewable, the conditions for terminating the contract; 14° where applicable, the minimum duration of the consumer's obligations under the contract; 15° where applicable, the existence and conditions of deposit or other financial guarantees to be paid or provided by the consumer at the request of the professional; 16° where applicable, the functionality of digital content, including any relevant interoperability of that content with hardware and software of which the company is aware or may reasonably be expected to be aware; 17° the relevant technical protection measures; 18° where applicable, any relevant interoperability of digital content with hardware and software of which the seller is aware or may reasonably be expected to be aware, including relevant technical protection measures.

4.3 The sale will only be considered final after the seller has sent the order confirmation to the buyer and after the seller has received payment of the full price. The seller recommends that the buyer keep this order confirmation on paper or in electronic format.

4.4 The seller reserves the right to refuse any order from a buyer with whom there is a dispute over the payment of a previous order or who does not comply with these GTC. In this case, the seller will inform the buyer by any means.

5.PAYMENT

 

5.1 The buyer can pay for his order via one of the payment methods made available by the seller on the website. The buyer guarantees the seller that he has the necessary authorizations to use the payment method chosen at the time of validation of the order form. The seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the buyer, or in the event of a payment incident.

5.2 In case of payment by credit card, the transaction is carried out via an external secure payment system. The buyer's bank details are encrypted and never circulate in clear on the internet. Payment is made directly to the bank. The seller has no access to these details and does not keep them on its servers. The buyer's order will only be considered effective after confirmation of the agreement of the buyer's bank payment centers.

 

6. DELIVERY

6.1 Delivery is carried out by the seller to the member countries of the European             Union (any taxes and import fees are the responsibility of the buyer).

6.2 The order is delivered to the address indicated by the buyer.

6.3 For delivery in Belgium, the seller will make every effort to ship the order to the delivery address within 5 working days following the validation of the order and receipt of payment. The courier will arrive at this address between 8 a.m. and 6 p.m. on working days and will deliver the package(s) to the recipient or any other person present at the indicated address. In case of absence, a notice will be left at the delivery address. It will then be the responsibility of the buyer to contact the courier to arrange either a new delivery date to the same address, a new delivery date to a different address, or pick up at the nearest Post Office. Failure to do so within 15 days from the notice left by the courier or if the buyer is absent during the new delivery, the order will be automatically returned to the seller, who will contact the buyer to arrange a new delivery of the order. In this case, additional delivery charges may apply to the buyer.

6.4 For delivery outside of Belgium, the seller will make every effort to deliver the order within 15 days following the validation of the order. The delivery terms will be specific to the postal services of the concerned country.

6.5 If the buyer has designated the courier, the transfer of risk to the buyer occurs when the ordered products are made available to the courier. Proof of this availability will be evidenced by the control system used by the courier.

6.6 It is the responsibility of the buyer to check the shipments upon arrival and to make any justified reservations and complaints, or even to refuse the package if it appears to have been opened or shows obvious signs of damage. If there are any complaints upon receipt of the order, it is necessary to send an email to customers@cerenzeren.com with the subject "Delivery Complaint", accompanied by photos, within 48 hours after receiving the order.

 

7. RIGHT OF WITHDRAWAL AND RETURN PROCEDURES

7.1 If the products/services purchased on the website do not meet the buyer's expectations, the buyer has a period of fourteen (14) calendar days, starting from the day after the delivery, to withdraw from the purchase, without penalty and without providing any reasons, in accordance with the Belgian Economic Law Code.

 

Within this period, the buyer must notify the seller of their intention to exercise their right of withdrawal, as follows:

- Send an email to cerenzeren.info@gmail.com

- Provide the buyer's name and surname

- Provide a detailed description of the item(s) concerned, with reference to the invoice number and date of issue, or

Fill out the form available on the SPF Economy website (https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de- retraction.pdf)

7.2 The return to the seller will be made to the following address, unless otherwise instructed to the buyer, by any means of transport chosen by the buyer, who must retain proof of shipment.

ADDRESSE < Quai Orban 22/032, 4020 Liège, Belgique>

7.3 If the buyer wishes to exchange instead of a refund, they shall specify this in the email, and the seller shall communicate to them, in addition to the availability of the item, any additional amount to be paid or partial refund, as appropriate.

7.4 All costs and risks associated with the return shipping of items shall be borne by the buyer.

7.5 If the buyer exercises their right of withdrawal within the aforementioned period and returns the products no later than fourteen (14) days following the communication of their decision to withdraw according to the terms agreed in the preceding paragraphs, the seller undertakes to refund the purchase price to the buyer, provided that it has already been paid, upon receipt of the products by the seller.

7.6 In case of refund for returned products/services, the seller will credit the credit card used for the payment of said products with an amount equivalent to the purchase price of those products, minus the amount of vouchers or discounts applied during the order. The buyer's refund will be made according to the terms agreed with the issuing bank of the card.

7.7 The buyer shall not be entitled to exercise their right of withdrawal and/or exchange if the delivered products have clearly been used, damaged, contain missing parts, or if the labels have been removed.

7.8 The products must be returned properly protected, in their original packaging, in a perfect resale condition (not damaged, broken, or soiled by the customer), accompanied by all possible accessories, instructions for use, intact and attached labels, etc., to the address indicated. Otherwise, they cannot be accepted for return or exchange.

7.9 Similarly, products for which no accompanying element allows the identification of the sender (return number, order number, name, first name, address) cannot be accepted for return or exchange by the seller. Such products returned but not accepted for return by the seller are held at the disposal of the buyer at the seller's premises. The buyer remains obligated to pay for them. In the case of abnormal or abusive returns, the seller reserves the right to refuse any subsequent orders.

7.10 Finally, custom-made or personalized products/services cannot under any circumstances be returned or exchanged.

7.11 The seller mentions on the website the conditions, timeframe, and modalities of the right of withdrawal, as well as the withdrawal form template.

 

8.PROTECTION OF BUYERS' PERSONAL DATA PRIVACY

8.1 The seller collects personal data concerning buyers, which is provided to them on the website or via email. They undertake not to disclose this data to third parties. This information is confidential and will only be used by their internal services for order processing, to enhance and personalize communication, notably through informational letters/emails, as well as for website customization based on observed buyer preferences, or for solvency monitoring.

8.2 The seller does not sell, market, or rent buyer information to third parties. In the event of transfer or use by third parties of personal data, the seller commits to informing the buyer in advance and allowing them to exercise their right to object. The seller may also provide consolidated statistics concerning their buyers, sales, exchange structure, and website information to trusted third parties, but these statistics will not contain any personal data. However, this article shall not prevent the transfer or assignment of activities to a third party.

8.3 The seller only retains personal data for the time necessary to achieve the specific purposes for which the processing is carried out. When determining the appropriate duration, factors such as the quantity, nature, and sensitivity of the personal data, the purposes for which they are processed, and the possibility of achieving those purposes by other means are taken into account. Compliance with legal and regulatory obligations is also considered. When data is no longer necessary, it is destroyed.

8.4 The buyer has the right to:

request information to determine whether the seller possesses personal information, and if so, what information it is and for what purposes it is processed;

access their personal data and, if necessary, rectify it;

object to processing for reasons relating to their particular situation;

obtain the erasure or restriction of their data, which allows, for example, requesting the suspension of personal data processing by the seller, the time necessary to verify the accuracy of certain data;

receive personal data concerning them in a structured, commonly used, and machine-readable format, and transmit this data to another data controller;

lodge a complaint with the Data Protection Authority if they believe that the processing violates applicable legislation and regulations. The buyer can exercise these rights by submitting a dated and signed request accompanied, for security reasons, by a copy of their identity card. The request can be sent to the seller by post to the address... and by email, with an electronic signature, to the address... The exercise of these rights is free of charge. However, if the request is manifestly unfounded or excessive, access may be refused and/or reasonable fees may be charged.

 

9. LIABILITY

9.1. The seller only assumes obligations of means for all stages, including access to the website, ordering, delivery, or subsequent services. The seller's liability cannot be incurred for any inconveniences or damages inherent to the use of the Internet, including service interruption, external intrusion, presence of computer viruses, or any event that could be considered force majeure. In any event, the seller's liability under the General Terms and Conditions shall not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, regardless of the cause or form of the action concerned.

9.2. The seller cannot be held liable for cases of force majeure such as delays in execution or non-performance of its obligations due to events beyond its normal control.

10.THE LEGAL GUARANTEE OF CONFORMITY

 

 

All purchased products benefit from the legal guarantee of conformity for two years (one year for second-hand products), as provided by articles 1649bis to 1649octies of the Civil Code, and the legal guarantee against hidden defects, as provided by articles 1641 to 1649 of the Civil Code. In accordance with articles 1649bis to 1649octies of the Civil Code, consumers have the right, among others, to obtain from the seller the free repair or replacement of products with a conformity defect within two years from their delivery, provided that the request is made before the end of this period, or within one year from the discovery of the defect, if this period is longer. If a defect appears within the first six months, the seller is presumed to be responsible. However, the seller can be relieved of liability by proving that the defect is due to misuse by the buyer. If a defect appears after this period, the seller may ask the buyer to prove that it is a conformity defect that existed at the time of delivery of the goods.

 

11.INTELLECTUAL PROPERTY

 

All elements of the website, whether visual or auditory, including underlying technology, are potentially protected by copyright, trademarks, or more generally by intellectual property rights. They are the exclusive property of the seller. The seller authorizes the buyer to place a simple link on their own website directly to the seller's website. However, any hyperlink to the website using framing, in-line linking, or deep linking techniques is prohibited. In all cases, any link, even if tacitly authorized, must be removed upon simple request from the seller.

 

 

12.CONTACTING THE SELLER

 

In case of questions regarding their purchase, the buyer has the option to contact the seller through the contact form available in the "Contact" section of the seller's website or via the email address customers@cerenzeren.com.

 

13.NULLITY AND INTEGRITY

If one or more provisions of the T&C are held to be invalid or declared as such in accordance with a law, regulation, or as a result of a decision by a competent court, the other provisions shall remain in full force and effect.

 

14.EVIDENCE

Computerized records, kept in the computer systems of the seller and its partners under reasonable security conditions, shall be considered as evidence of communications, orders, and payments between the parties. The parties agree, in the context of their relations, to the principle of electronic proof (for example: email, backups, etc.).

 

15.MODIFICATIONS

The seller reserves the right to modify the Terms and Conditions and will communicate the new version to buyers via the website.

 

 16. APPLICABLE LAW AND COMPETENT COURTS

 

The Terms and Conditions are subject to Belgian law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. Furthermore, the buyer has the option to address the European Online Dispute Resolution platform to initiate an amicable dispute resolution procedure. In the absence of an amicable resolution, only the courts of the Brussels judicial district shall have jurisdiction.