Terms and conditions for online sales

In accordance with the law, the consumer has the right to notify the seller that they are cancelling their purchase, without penalty and without giving a reason, within 14 calendar days from the day of delivery of the product. This right to cancel does not apply to professional buyers.

Article 1: Introduction

These terms and conditions are applicable to all contracts agreed between on one hand, the Question de Goûts SRL company operating under the name of ‘le Cha-Hû-Thé’ with a siège social (registered office) at 56 Grand-rue - 1348 Louvain-la-Neuve, registered at the Banque Carrefour des Entreprises under the number BE0472.475.617 (‘the Seller’) and, on the other hand, any professional buyer or any consumer (‘the Buyer’) wishing to carry out a purchase via the Seller’s website.

Contact:

Telephone: 02/354.18.41
Email: info@cha-hu-the.be
Siège administrative (administrative headquarters): 155 Chaussée de Bruxelles - 1410 Waterloo, Belgium

The terms ‘consumer’ and ‘professional buyer’ are defined as follows:

Consumer: any person who acquires or uses products made available for sale for any purpose other than for professional or commercial reasons.

Professional buyer: any person or body that is not included in the definition of a consumer as set out above.

Article 2: Object

The purpose of these terms and conditions for online sales is to define the contractual relationship between the Seller and the Buyer as well as the conditions that are applicable to any purchase carried out via the Seller’s website, whether the Buyer is a professional or a consumer.

The acquisition of goods or services via the website implies acceptance without reserve by the Buyer of these terms and conditions.

These terms and conditions prevail over any other general or special terms and conditions that have not been expressly approved by the Seller.

The Seller reserves the right to be able to modify these terms and conditions at any time. In such an event, the applicable conditions will be those in force on the date that the order is placed by the Buyer.

Article 3: Characteristics of the goods and services offered
The products and services offered are those that appear in the catalogue published on the Seller’s

website.

Each product is accompanied by a description provided by the supplier.
The photographs in the catalogue are provided strictly for information and are not of a contractual nature. Certain variations may appear, it is therefore advisable to refer to the description of the product and, in the event of any doubt, to customer services (contact details in article 1).

Many of the products are available in limited quantities (sometimes one or two items). If a product should prove to be unavailable after an order has been placed, the Seller will contact the Buyer immediately to offer either a replacement item or cancellation of all or part of the order.

Article 4: Tariffs

The prices of the products and services displayed on the website are given in euros including all taxes (VAT and other applicable taxes). For deliveries outside Europe, the taxes and customs duty are payable by the customer. It is the customer’s responsibility to contact their local customs department for information about any additional charges as well as their rights to import the product ordered.

The price of the teas is shown for 100g, unless otherwise stated.

The prices shown do not include transport and handling costs, these will be listed as a supplementary item when the order is placed.

The Seller reserves the right to alter their prices at any time. Nevertheless, the prices which are applicable when the order is placed are those in force at the time when the latter is confirmed.

If, despite our vigilance, any products should be posted online at a price that is clearly erroneous, we reserve the right not to supply them.

The Seller reserves the right to apply to their prices any changes in VAT that may occur before the delivery date.
Article 5: Discount/gift vouchers

Barring any contrary conditions, the period of validity of discount vouchers is limited to one month. They may only be used once. In the event of cancellation of an order paid for with a discount voucher, it will become invalid. Refunds for vouchers cannot be given in cash.

Article 5: Geographical zones

The sale online of products and services presented on the Seller’s website is, in principle, restricted to Buyers resident in Europe, Canada, the United States and to the deliveries required within these geographical zones. Any Buyers residing outside these zones and for any deliveries outside these zones, customers are asked to contact the Seller.

Article 6: Orders
Any Buyer, who wishes to buy a product or a service is obliged to:
be over 18 years of age and have all the necessary rights to place an order;
complete the registration form or provide their customer number, if they have one;
complete the online order form by giving all the references for the products or services chosen;

confirm their order after having checked it;

acknowledge that they have read and agreed to these terms and conditions;

make payment under the agreed conditions;

confirm their order and their payment.

The sale is agreed to be completed when the order has been confirmed by the Buyer. We reserve the right to cancel any order that is erroneous, suspect or not placed in good faith.

No merchandise will be dispatched until the order has been confirmed and full payment for the order has been received.

Products and services are offered subject to availability of stock. In the event that a product should be unavailable, the Seller will inform the Buyer by email within the shortest possible time. The Buyer can choose to wait (in the event of temporary unavailability) or to cancel the order for unavailable items without cost.

Article 7: Right to cancel

In accordance with the law, the consumer has the right to notify the Seller that they are cancelling their purchase, without penalty and without giving a reason, within 14 calendar days from the date of delivery of the product. This right to cancel does not apply to professional Buyers.
Within this time limit, the consumer must notify their intention to cancel by email and return the product delivered, at their own cost and risk, to the Seller’s administrative headquarters at: 155 Chaussée de Bruxelles - 1410 Waterloo, Belgium.

The products must be returned in their original packaging, undamaged, accompanied by all their accessories, the instruction manual as well as the original invoice/delivery note. Buyers are strongly advised to return their items by recorded delivery with proof of reception. Any loss of parcels during the return process being under the responsibility of the Buyer.

Any products thus returned must not have been unpacked, unsealed or used in any manner. Any product that is incomplete, damaged or soiled by the customer cannot be returned.

In the 14 days following the acceptance of return of the merchandise, the Seller agrees to refund any payment. The costs of returning the parcel are the responsibility of the Buyer.
The consumer cannot exercise their right to cancel for the following contracts:

1° for the supply of products made to the consumer’s specifications or that have clearly been personalised;

2° for the supply of sealed goods that cannot be returned for health or hygiene reasons and that have been unsealed by the consumer after delivery;

3° for the supply of grocery products, drinks or other household goods for consumption supplied to the consumer’s home, their residence or place of work by distributors carrying out frequent and regular delivery rounds.
Article 8: Methods of payment

Payment can be made by bank transfer, bank card, Visa or Mastercard. Bank cards, Visa or Mastercard are debited at the time of confirmation of the order. To this end, you guarantee that you

are the cardholder and that the name that appears on the card is yours.

Goods must be paid for in cash. If no payment is received within 15 days, the order will be cancelled.
The items ordered remain the exclusive property of the Seller until the order is paid for in full by the Buyer.

We use the Hipay secure payments system:
- encryption and security of payment card numbers, avoiding any risk of misappropriation; - bank transactions with SSL protocol guaranteeing the confidentiality of information. Article 9: Deliveries

Orders are processed and dispatched on the day following their registration. Orders received on Fridays, Saturdays, Sundays and Mondays are processed on the following Tuesday. Orders received on public holidays will be processed on the following day. In the event of payment by bank transfer, the order will be processed after receipt of the payment.

Deliveries are made to the address given on the order form which must be within the geographical zone mentioned above; by collection from a post office chosen by the Buyer when ordering, or by collection from the shops at: 56 Grand'rue in Louvain-la-Neuve or 155 Chaussée de Bruxelles in Waterloo (from Tuesday to Saturday from 10.30 am to 18.30 pm).

In the event of absence when the delivery is made to the address given by the Buyer, a second attempt to deliver will be made on the following day. After that, the parcel will be retained at the post office mentioned on the delivery notice for two weeks. If the Buyer omits or refuses to take delivery of the goods ordered, the Seller reserves the right to demand the execution of the contract or to consider, after giving prior warning, the latter to be cancelled ipso jure with full liability assumed by the Buyer. In this last case, the Seller may retain an amount equal to 30% of the sale price as compensation, with a minimum that includes the costs of delivery and any expenses incurred.

In the event of sale to a consumer, the merchandise will be transported at the Seller’s risk until the merchandise is delivered to the delivery address given by the Buyer. From that time, the Buyer alone is responsible for the risks. If the merchandise delivered should be damaged, the Buyer is obliged to refuse the merchandise or to accept it only on condition that they make a note of the damage in writing on the transporter’s delivery note, to be completed by both the client and the transporter. Any claim relating to the merchandise delivered must be sent to the Seller within three days following the date of receipt. The claim must in all cases be sent by recorded delivery to the administrative headquarters and be accompanied by a copy of the invoice and the delivery note including the written note described above as well as photo(s) to support the claim. Beyond this time limit, no later claim for visible defects can be considered.

In the event of sale to a professional, transport will be at the Buyer’s risk.

The delivery times stated by the Seller are strictly for information. The Seller cannot be held responsible for any delay.

In the event of delay in the delivery, if such a delay should exceed fifteen working days and only in the context of a non-personalised order (i.e. for regularly stocked items only), the Buyer may cancel their order without compensation for either of the parties, upon condition that they notify the Seller by email within three days of the notification of delay in delivery by the Seller. The Buyer will then be refunded by bank transfer to their bank account for the total cost of their order including transport costs (if committed to when the order was placed) within fifteen working days. The parties will then be totally freed from their respective obligations.

In all cases, the following circumstances free the Seller from their obligations with regard to delivery times:

1 – Cases of force majeure (including, in particular, strikes, incidents of a technical nature, delay on the part of the supplier due to lack of manpower).

3 – If the payment conditions are not complied with.
4 – If changes are made by the customer after the order has been placed.
5 – If the customer does not provide us with the information requested within the specified time. Guide to delivery costs for information only:

For Belgium:
Orders under 25€ = 7.50€.
Orders over 25€ = 3.50€.
Orders over 80€ = free.

For the neighbouring countries (France, Germany, Holland, Luxembourg) and the United Kingdom:
Orders under 25€ = 12.50€.
Orders over 25€ = 8.00€.
Orders over 80€ = 5.00€.

For the rest of Europe (Spain, Italy, Sweden, Denmark):
Orders under 25€ = 19.50€.
Orders over 25€ = 15.00€.
Orders over 80€ = 12.00€.

For Canada: 25€ delivery charge for any order.

For the United States: 20€ delivery charge for any order.

For the rest of the world, rates upon request, depending on destination.

Probable delivery times: two to three working days in Belgium and three to five working days within the European Union.
For Canada and the United States, delivery time of four to eight working days. Extra time may be required if the parcel is checked by the customs services.

Article 10: Guarantee

With regard to consumers, the Seller guarantees the products that they sell in compliance with the Belgian law of the 1st of September 2004 on consumer protection in relation to sales of consumer goods (articles 1649 bis to 1649 octies of the Code Civil).

If a consumer should notice a defect in a product within two years of purchase, they should notify the Seller by recorded delivery letter or email within the following two months.

This guarantee does not cover defects existing at the time of delivery of the goods. Defects or damage caused by improper use, such as water damage, oxidation, by being dropped or knocked, negligence or wear and tear, are not covered by the guarantee. In addition, repairs carried out by technicians who have not been approved by the supplier will invalidate the guarantee.

The invoice and the delivery note serve as proof of guarantee and must be retained by the consumer and produced, if required, in their original versions.
Professional buyers are covered by the manufacturer’s guarantee.

Article 11: Claims

In the event of a problem with conformity of a product delivered as part of an order, the claim should be sent to us in writing or by email within 48 hrs (info@cha-hu-the.be). If claims are not made within that time limit, the products will be deemed to conform and be accepted by the Buyer.

Our company agrees to offer the Buyer the choice of a refund or exchange of any products that appear to be defective or that do not correspond to those ordered. It is the Buyer’s responsibility to provide the necessary proof of the reality of any anomalies or defects.
Refunds will be given within 14 days and via the payment method used.

Article 12: Liability

The Seller, as part of the online sales process, is not bound by an obligation of means; they cannot be held liable for any damage resulting from use of the internet or online payment services, such as loss of data, intrusion, virus, interruption to service, or other unintentional problems.
The information given on the website is provided in good faith. Any links provided to manufacturers’ and/or partners’ websites are purely for information and have no contractual value. The Seller cannot be held liable for information provided by such websites.

The Buyer is responsible for the choice and use of the product supplied by the Seller. The Seller declines all liability in the event of inaccuracy of the information provided to them by the Buyer.

Article 13: Intellectual property
All parts of the Seller’s website and will remain the exclusive intellectual property of the Seller.

No person is authorised to reproduce, operate, redistribute, or to make use in any way whatsoever, in whole or in part, of the parts of the website, whether they be software, visuals or sounds.

Any link, whether simple or by hyperlink, is strictly forbidden without the prior express written consent of the Seller.

Article 14: Personal information

All personal information required for the processing of an order is stored by the Seller or their collaborators and may be transferred to companies with which the Seller – or their suppliers – collaborate, when such communication is necessary for the processing of the order.
The user also authorises the Seller to use this information to compile statistics to improve their website and the goods and services that they offer.

In addition, this information may be used to enable the distribution, by any means of communication, of information relating to the Seller’s commercial activities to their clientele.

Lastly, the Seller stores the personal information to facilitate future orders.

Without prejudice to the aforementioned, the Seller agrees not to disclose the personal information which they hold to any other company or business.

The information stored by the Seller can be required to be corrected upon simple request at any time.

Article 15: Proof

In the context of their relationship, the parties agree to accept electronic means of proof (for example: emails, computer backup files, etc.).

Article 16: Settlement of disputes
These terms and conditions for online sales are subject to Belgian law.

In the event of a dispute, please contact the Seller first to find an amicable solution.

If a solution cannot be agreed, the only competent courts shall be those of the Nivelles jurisdiction, unless there are contrary legal restrictions.