YDROSIA – ONLINE SHOP GENERAL CONDITIONS OF SALE
ARTICLE 1: OBJECT AND SCOPE
These terms and conditions of sale (hereafter “General Conditions”) concluded, on the one hand, by the company YDROSIA sprl, headquartered at 15 Place Charles Graux, 1050 Brussels, Belgium, registered with the Bank-Carrefour des Enterprises (ECB) under the number 0700.608.234 and the following as the “Seller” and, on the other hand, by any natural person wishing to make a purchase via the website (hereafter referred to as the “Site”) Seller (https://www.ydrosia.com), the following, referred to as the “Customer.”
The Terms and Conditions are intended to define the conditions applicable to any purchase made via the Site, whether it is a care product (hereafter “Product”)or the subscription of a subscription contract (hereafter “Subscription Contract”).
ARTICLE 2: ACCEPTANCE OF GENERAL CONDITONS
The acquisition of a Product and/or the subscription of a Subscription Contract (hereafter the “Order”) via the Site implies an unqualified acceptance by the Customer of the Terms and Conditions. These Terms and Conditions will prevail over any other general or specific conditions not expressly approved by the Seller.
The Seller reserves the right to change them at any time. In this case, the applicable conditions will be those in effect at the time of the Customer’s Order.
These General Terms and Conditions are effective as of April 16, 2020.
ARTICLE 3: PLACING AN ORDER ON THE SITE.
3.1 – Capacity
The Customer declares that he is of age and able to place an Order on the Site. The Customer also states that he is fully entitled to use the means of payment allowing access to sufficient funds to cover all the costs of his Order on the Site.
- Creating the customer account
In order to facilitate the ordering process, the Customer creates a customer account on the Site. Creating an account involves the communication of the name, first name, customer email, personal data reusable with each visit to the Site.
By registering, the Customer guarantees the accuracy of the information provided by himself or any other third party using his data, except in the case where the Customer can provide proof that the information provided by the third party is the result of fraud not due to his fault or negligence.
3.3 – Order Process
Customers who wish to place an Order on the Site must:
- Complete the identification sheet on which it will indicate all the information required for delivery and billing;
- Complete the purchase order by giving all product references or type of subscription selected;
- Confirm your order after you’ve checked it
- to make the payment under the conditions provided.
The Order will only be effective after payment of the TTC price of the latter.
3.4 – Confirmation of Order
Your Order will only be confirmed once the General Terms of Having Full Knowledge and the Renouncement of Its Own Terms of Purchase or Other Conditions have been accepted. The data provided with the recorded confirmation is proof of the transaction.
Confirmation involves acceptance of the transactions performed. The Seller will e-mail the confirmation of the Registered Order.
ITEM 4: PRICE AND CONDITION OF PAYMENT
4.1 – Price
The prices applied are those shown on the Site at the time of registration of the Order. They are expressed in TVAC euros. These prices are understood to be excluding postage.
The online sale of the Products and Subscriptions presented on the Site is reserved for Customers residing in Europe, the United Kingdom, Norway as well as in Switzerland and the required deliveries in these geographical areas. Outside Europe, local taxes can be applied according to local policies.
4.2. Payment terms
Different means of payment are accepted. Payment can be made by credit card, Visa, Master Card and also by Bancontact, or by Paypal. The items ordered remain the exclusive property of YDROSIA until the full payment of the Order by the Customer.
ARTICLE 5: EXECUTION OF THE ORDER
Deliveries are made at the address indicated on the purchase order which can only be in the agreed geographical area.
Delivery costs depend on the delivery method chosen by the Customer and are calculated according to the product ordered. The free delivery rate applies to countries in the Euro zone bordering Belgium (Germany, France, Luxembourg and the Netherlands). For deliveries to countries not listed above but belonging to the Euro zone, a flat-rate delivery charge will be applied. The exact amount of these transport costs will be communicated to the Customer when the Order is finalized. Ydrosia, do not ensure deliveries outside the Euro zone for the moment.
The goods are shipped to the address indicated by the Customer.
5.2 – Delivery times
Delivery times are given as an indication. They apply from the Customer’s receipt of the confirmation email sent by Ydrosia subject to payment validation.
If, despite all efforts, all or part of the items are unavailable, the Seller informs the Customer by email as soon as possible and offers him the option to choose between waiting or cancelling, at no additional cost, the Order of unavailable items.
When the ordered product is ready to be shipped, Ydrosia sends an email to the Customer to confirm the shipment of his Order.
A tracking number will then be sent to the Customer, in order to allow him to follow up on his Order via the website of the carrier concerned.
If the delivery time exceeds thirty days, and provided that this abnormal overrun is not attributable to the Customer, or to a case of force majeure, the sales contract can be terminated and the Customer refunded.
ARTICLE 6: ORDER RECEPTION
Upon receipt of the Order, the Customer will verify the compliance of the products received.
Any discrepancies in delivery (damaged packages, missing, damaged, non-compliant with the Order, etc.) must be reported within 14 days of receiving the Products from YDROSIA customer service at:
– By mail:
15 Charles Graux Square
1050 – Brussels
– By email: firstname.lastname@example.org
– By phone at (2) 493 54 54 10 (Monday to Friday, 9am-4.30pm)
After making the above signage, the Customer has 14 days to return the received product in its original packaging.
Subject to compliance with the following terms of return, YDROSIA will refund the amount of the products returned according to the pricing applied at the time of the order.
ARTICLE 7: CANCELLATION OF THE ORDER
7.1 – Right of retraction:
In accordance with the law, the Customer has the right to inform the Seller that he cancels his purchase, without penalty or explanation, within 14 working days from the day after the day of the delivery of the Products, the first delivery if it is a subscription form.
Within this time, the Customer must communicate his intention to cancel, by mail or email, at:
15 Charles Graux Square,
1050 Brussels, Belgium.
The Customer returns the goods delivered at his own expense and risk, to the administrative headquarters of YDROSIA at the address mentioned above.
7.2 – Return Conditions
Unless previously reported anomaly, only products returned, within the aforementioned time frame, to the address stipulated on the return voucher with their original packaging and accessories, intact, ready for re-marketing, will be accepted for reimbursement by YDROSIA.
Incomplete, damaged, damaged or contaminated goods by the Customer will not be accepted.
For more information on the terms of return, please visit the “delivery and returns” page available on the site at https://ydrosia.com/fr/faq/#returns
7.3 – Consequences of the cancellation of the Order:
Within 30 days of the acceptance of the returned goods, the Seller agrees to refund any payment, except for shipping costs (except for previously reported anomaly).
7.4. – Repayment terms
The refund, including the delivery fee to the Customer if applicable, will be made using the same means of payment as the one originally used by the Customer for the payment of his Order. YDROSIA will make this refund within 30 days of receiving the products.
YDROSIA does not organize product exchange.
ARTICLE 8: SUBSCRIPTION CONTRACT
8.1 – Object
The Subscription Agreement consists of a monthly subscription to the delivery of products offered on the YDROSIA catalogue. This offer is exclusively reserved for Customers of the Seller’s Site and cannot be offered by authorized distributors.
The conclusion of the YDROSIA Subscription Agreement subscribes the Subscriber Customer to automatic renewal to the proposed service until one of the two parties terminates it.
8.3 – Payment
The underwriter, authorizes the Seller to deduct a pre-defined amount on a monthly basis at the time of the initial order. Throughout the Subscription period, the Subscriber will be deducted monthly on the calendar anniversary date of the first Order and will receive his Product within 5 to 10 working days under the conditions provided on the YDROSIA website.
8.4 – Termination of The Subscription Contract
The Subscriber, can terminate his Subscription Contract at any time via his “My Account” customer space on the site.
In the event that the termination occurs after the direct debit made over the month, the Order is considered to be concluded for the current month. The Subscriber will not then be able to claim the refund of his Order under the termination of the Subscription Agreement. The termination of the Subscription Agreement is then effective for the following month.
The termination of the Subscription Agreement may also be the result of YDROSIA, in the event of a termination of the Subscription formula and/or in the event of a break-up of the rules and terms of Article 9 of the Terms and Conditions: “Termination of the customer account”.
In the event of termination of the Subscription and if the Subscriber enjoys a lower rate due to its loyalty, he will lose this advantage and would have to comply with the prices posted on the Seller’s website in the event of the resumption of a new Subscription Contract.
8.5. Processing Customer Data
By placing an Order the Customer authorizes YDROSIA to send e-mails to the address in his Customer Account. By signing up for a Subscription Agreement, the subscriber accepts their registration in the YDROSIA Newsletter. Customers can opt out of the email mailing list and newsletter at any time, at any time via the Customer area.
ARTICLE 9: CUSTOMER ACCOUNT RESILIATION.
In the event of non-compliance with the rules and obligations of the General Terms accepted by the Customer, incident of order payments, incorrect data in the Customer’s account or acts likely to harm the interests of the company YDROSIA, the Seller reserves the right to terminate the Customer’s account, the Subscription and depending on the seriousness of the facts to suspend any activity on the Seller’s website and refuse to place any activity on the Seller’s website. sale with an excluded or sanctioned Customer.
ARTICLE 10: GUARANTEE
With regard to the Customer, the Seller guarantees the products sold and the services provided in accordance with the law of September 1, 2004 relating to the protection of consumers in the event of the sale of consumer goods.
In the event of a product’s failure to comply, which is found within 2 years of delivery, the Customer must notify the Seller as soon as possible by recommended letter or email.
This guarantee only covers any compliance defects that exist at the time of delivery of the goods.
The invoice or delivery voucher is the guarantee and must be kept by the Customer in the same way as the original products.
Any complaint should be addressed to:
– By mail: YDROSIA – 15 Place Charles Graux, 1050 Brussels – Belgium
– By email to: email@example.com
ARTICLE 11: PROPERTY RESERVE
The Products remain the property of YDROSIA until the actual and full payment of the price of these products and their accessories by derogation from Article 1583 of the Civil Code.
ARTICLE 12: INTELLECTUAL PROPERTY
All elements of the Site remain the seller’s exclusive intellectual property.
No one is allowed to copy, exploit, redistribute or use in any way, even partially, the elements of the Site, be it software, visual or audio. Any link, simple or hypertext, to the YDROSIA site is strictly prohibited without a prior written and express agreement from YDROSIA.
The request must be addressed to firstname.lastname@example.org and must mention the address of the url page where the link would appear on the third-party site.
ARTICLE 13: RESPONSIBILITY
The Seller, in the online sales process, is only liable for an obligation of means; it cannot be held liable for any damage resulting from the use of the Internet such as data loss, intrusion, virus, service disruption, or other unintentional problems.
The data collected on the Site is provided in good faith. The links offered if necessary to the sites of manufacturers and/or partners are given as an indication. The Seller cannot be held responsible for the information provided by these sites.
ARTICLE 14 – APPLICABLE LAW AND COMPETENT JURISDICTION
The Terms and Conditions, and more generally the resulting Contract between the Client and YDROSIA, are subject to Belgian law.
In the event of a dispute, the French-speaking courts of the Seller’s head office are competent, unless there are provisions to the contrary.
The Client, as well as YDROSIA, agree to submit their disputes to the jurisdiction of the French-speaking courts of the city of Brussels.
ARTICLE 15 – FINAL PROVISIONS
15.1. Renunciation and effect
The fact that YDROSIA does not avail itself, at one time or another, of any of the provisions of the Terms and Conditions cannot be construed as being worth a waiver by the latter to avail itself of it at a later date.
In the event that one of the provisions of the Terms and Conditions is declared null and void, it would be deemed unwritten, without affecting the validity of the other provisions, unless the provision declared null or void was essential and determinative.
The electronic data held by YDROSIA relating to the Services offered on the Site is valid between the parties, until proven otherwise.
This electronic data is therefore admissible, valid and enforceable to Clients under the same conditions and with the same probative force as any document that would be drawn up, received or kept on paper.