ARTICLE 1. – ENFORCEMENT OF THE GENERAL TERMS AND CONDITIONS
The purpose of these general terms and conditions is to define the rights and obligations of the parties with respect to online sales.
The buyer may not reserve or purchase items online without accepting these general terms and conditions fully, and without checking the box reading ‘I have read and accepted CHATEAU DES THERMES’ general terms and conditions of sale.
Unless otherwise agreed in writing, the parties agree to disregard all other agreements or contractual conditions, including those communicated by post, email or on the back of another document, and including agreements and conditions that have not been expressly contested by CHATEAU DES THERMES.
CHATEAU DES THERMES may amend the general terms and conditions without prior notice. The general terms and conditions may be viewed on the website at any time. The general terms and conditions that are published at the time the purchase is made online shall be applicable to the contract between the parties.
ARTICLE 2. – SPECIAL RULES OF EVIDENCE
The parties expressly agree to accept electronic documents (including emails) as evidence.
Unless it has been proven to the contrary, CHATEAU DES THERMES’ IT records, and the IT records of third parties employed by CHATEAU DES THERMES, act as proof of any transactions with the customer. By communicating their debit or credit card number, as well as confirming their order, the customer further demonstrates that they agree to the sale and the general terms and conditions for online sales.
Confirming the order acts as a signature.
ARTICLE 3. – PROCESS FOR PLACING ORDERS
3.1. – The entire process for placing the order (choosing items, entering contact details and information, confirming the order and paying) and/or creating an account constitutes proof that the customer accepts the general terms and conditions and/or the placement of the order, the prices and the description of the items being sold.
After selecting their items, the customer verifies the details of their order, the price owed and the delivery information, and corrects any errors, before confirming and selecting their preferred payment method and entering the necessary information.
At the end of the order process, the customer accepts the general terms and conditions of sale by checking the relevant box and confirms their order by clicking the ‘Place order’ button.
CHATEAU DES THERMES then acknowledges receipt of the order via email, along with a summary of the items that were ordered. This email confirms that the order has been received, and not that the ordered items are available.
The sales contract is then formed.
3.2. – The order may be amended until CHATEAU DES THERMES has confirmed it.
3.3. – CHATEAU DES THERMES may reject or suspend an order or the account in the following circumstances:
- incorrect information;
- absence of banking information or incorrect information;
- previous unpaid invoices;
- unresolved dispute;
- insolvency;
- suspicion of suspect intentions on the part of the buyer.
CHATEAU DES THERMES communicates with the customer via email, using the email address provided.
ARTICLE 4. – GOODS AND SERVICES
4.1. – Some information about the goods and services is listed online and in the catalogue, which can be downloaded from the website. In the event of a disparity between the information on the site and the information in the catalogue, the former shall take precedence.
CHATEAU DES THERMES reserves the right to amend the range of items available on its website.
4.2. Unless expressly indicated otherwise on the website, all items sold are new and comply with the Belgian and European legislation in effect, while also satisfying safety requirements. Foreign customers must verify that the purchased item satisfies the legislative requirements of the state in which they intend to use the item. This applies to both professionals and private consumers.
ARTICLE 5. – PRICES – INTEREST AND FEES – PAYMENT
5.1. – Prices are listed in Euro, including VAT. Additional taxes (customs fees, etc.), packaging costs and delivery costs are indicated to the customer when they are finalising their order.
5.2. – CHATEAU DES THERMES reserves the right to amend prices at any time, but applies the prices that were indicated at the time the order was placed.
5.3. – Payment is made in full prior to shipping. This is done online via credit card (Visa, Mastercard), PayPal or Stripe.
5.4. – A dispute concerning one or more elements of an order does not prohibit full payment of the amounts due.
5.5. – The location for the payment and the contract is the CHATEAU DES THERMES headquarters.
If the customer provides incorrect information, rendering the execution of the agreement more difficult, or if amendments are made at the request of the customer after confirming the order, CHATEAU DES THERMES is entitled to charge additional fees.
ARTICLE 7. – CUSTOMER/CONSUMER RIGHT OF WITHDRAWAL
7.1. – The right of withdrawal only applies to the online purchase of items listed under the ‘Products’ tab in the ‘Shop’ section. No right of withdrawal applies to other online purchases.
The 14-day cooling-off period that the customer/consumer benefits from begins on the day they received the ordered items.
Customers who are not also consumers do not benefit from this right.
7.2. – If the order is made up of several items that were delivered separately, the withdrawal period for all the items in this order begins from the date on which the final product is received.
7.3. – The customer who wishes to withdraw shall clearly make their decision known before the end of the 14-day period via registered letter or email to the address mentioned in Article 15 concerning notifications.
7.4. – They must return the items in questions within the same 14-day period, in their original packaging and the same condition they were in at the time of the purchase, to CHÂTEAU DES THERMES, Rue Hauster 9, 4050 CHAUDFONTAINE (Belgium).
7.5. – CHATEAU DES THERMES shall reimburse the customer, with exception to fees related to the cost of shipping the items, upon receiving the items, or upon receiving proof that the items have been shipped.
7.6. – CHATEAU DES THERMES shall refuse to reimburse damaged items that have been worn or used.
7.7. – Any shipment whose sender cannot be clearly identified shall be rejected.
ARTICLE 8. – DELIVERY – TIMES – DELAY – LACK OF WITHDRAWAL
8.1. – The delivery times indicated on the website and in the order confirmation are indicative and are only applicable when the customer receives a confirmation email.
82. – The items are delivered to the location specified by the customer.
8.3. – The availability of items is listed on the website. When an ordered item is unavailable, or is being restocked, CHATEAU DES THERMES shall inform the buyer by email or phone. The customer may then amend their order by including a new item with an equivalent price, or by assuming the extra cost if necessary, or they may request a refund for the price paid for the unavailable item.
8.4. – The customer accepts that their purchases may be received by a third party.
8.5. – If nobody receives the order, the carrier shall leave a delivery note with the terms and conditions for taking possession of the items.
8.6. – If the customer does not claim the items they paid for within 15 days of the first delivery, they shall be deemed abandoned, and CHATEAU DES THERMES may dispose of them at its own discretion, without prior notice and without prejudice to its right to make a claim for damages and additional costs.
ARTICLE 9. – APPROVAL – APPARENT AND HIDDEN DEFECTS – COMPLIANCE ISSUES
Apparent defects and order errors
9.1. – CHATEAU DES THERMES reimburses or exchanges items that are not compliant, provided they are returned in full, in perfect condition and clean. This does not apply to items ordered in error.
Hidden defects and compliance issues
9.2. – In the event a hidden defect appears (Articles 1641 to 1649 of the Belgian Civil Code), or a compliance issue becomes apparent (Articles 1649-a to 1649-g of the Belgian Civil Code), the customer is required to inform CHATEAU DES THERMES, under penalty of forfeiture, within 2 months of the discovery of the hidden defect or compliance issue via registered letter.
9.3. – The warranty outlined in Articles 1649-a to 1649-g only applies to customers/consumers in Belgium and does not impact the other rights and warranties which they enjoy. The two-year warranty starts from the date on which the item was delivered. The customer must produce proof of delivery.
The customer is entitled to request that CHATEAU DES THERMES repair or replace the item in question, free of charge, unless this is impossible or disproportionate, provided they can establish that the item they purchased was affected by a compliance issue prior to the sale.
The customer is only entitled to request a refund or discount if the repair or replacement of the item is impossible, or if CHATEAU DES THERMES does not provide the repair or replacement within a reasonable time frame, or without causing major inconvenience to the customer.
If the compliance issue is minor, the customer may only request a discount.
The buyer shall have no recourse if they were aware of the defect, or if they should have reasonably been aware of it, at the time the contract was concluded.
Hidden defects in sales concluded with professional customers
9.4. – In accordance with Article 1643 of the Belgian Civil Code, CHATEAU DES THERMES is not responsible for hidden defects that may affect the items sold.
ARTICLE 10. – LIABILITY
10.1. – CHATEAU DES THERMES only assumes obligations of means.
10.2. – CHATEAU DES THERMES endeavours to present the main characteristics of products as clearly as possible on its website, as well as the mandatory information that the customer should have.
Brochures, catalogues, prices, notices and, generally speaking, documentation provided to customers on the website are regularly updated and are simply for information purposes.
Photos and descriptions of items are not contractually binding. CHATEAU DES THERMES endeavours to provide, insofar as it receives information from its own suppliers, correct information that is consistent with the nature and quality of the items, and to provide all of the descriptive documentation and usage and maintenance manuals, without triggering its liability.
10.3. – CHATEAU DES THERMES may not be held liable for customers using items in an abnormal or non-compliant manner.
CHATEAU DES THERMES may not be held liable in the event of inappropriate or unjustified handling or usage by the customer that causes damage to themselves or third parties.
10.4. – CHATEAU DES THERMES may only be held liable in the event of fraud or serious misconduct on its part. Should CHATEAU DES THERMES be deemed liable, only direct and personal damages incurred by the customer or a third party shall be compensated. Indirect damages shall not be compensated for.
The customer guarantees CHATEAU DES THERMES that any third parties that use an item they have purchased has read these general terms and conditions, especially the compensation limits, as well as a claim that a third party may bring against it.
10.5. – CHATEAU DES THERMES’ contractual and extra-contractual liability is limited to the amount of the guarantee of its professional liability insurance, for all material or non-material damages caused to the customer or third parties. If the guarantees were not acquired, the damages and fees for which CHATEAU DES THERMES may be held liable are limited to one and a half times the price of the item purchased, whether its contractual or extra-contractual liability is triggered.
10.6. – CHATEAU DES THERMES may not be held liable for direct or indirect damages resulting from the failure of the customer’s email address to operate correctly, or their failure to update them.
CHÂTEAU DES THERMES shall check its spam folder to ensure that the customer’s emails are not there. However, it may not be held liable for not taking emails from customers into account in time if they are considered to be spam.
10.7. – CHATEAU DES THERMES may not be held liable on the basis of Article 13.1.
However, CHATEAU DES THERMES shall make every effort to restore access to the website as quickly as possible.
ARTICLE 11. – EXCEPTION OF NON-EXECUTION
The failure of the customer to comply with its obligations authorises CHATEAU DES THERMES to suspend the execution of its own obligations and not deliver the ordered item, and to suspend the execution of other orders from the customer in question.
ARTICLE 12. – SEVERABILITY AND LACK OF WAIVER
12.1. – Any waiver of a right arising from these general terms and conditions must be expressly stated in a written document from the party waiving the right in question.
Failure to apply a contractual clause does not result in the definitive waiver of said clause.
In particular, neither party shall rely on a verbal or tacit waiver of any right arising from this contract by the other party.
12.2. – These general terms and conditions constitute the entirety of the agreement between the parties and take precedence over any prior declaration or commitment between the parties with an identical, or similar, subject.
Should one clause in these general terms and conditions be deemed null and void, this shall not impact the validity of the other clauses.
If any provision of this contract is found to be unlawful, invalid or unenforceable, in whole or in part, due to any applicable law or court order, this article shall be deemed to be excluded from these general terms and conditions, and this shall not impact the lawfulness, validity or enforceability of the rest of the general terms and conditions.
Both parties shall make every effort to immediately negotiate, in good faith, a valid replacement article, which shall preserve, insofar as is possible, the economic balance and intention of the parties as outlined in the deleted article.
ARTICLE 13. – SITE ACCESSIBILITY
13.1. – The site is accessible 24/7. Interruptions may occur due to maintenance, resulting in delays in the transfer of information, server failures, power cuts, viruses, etc.
13.2. – CHATEAU DES THERMES reserves the right to limit or prohibit access to its website to customer or users who do not comply with the general terms and conditions of sale, or who behave in a manner that is deemed inappropriate.
ARTICLE 14. – INTELLECTUAL PROPERTY
All texts, comments, works, illustrations or images published on the website, or which can be downloaded, are protected by copyright and intellectual property rights throughout the world.
The customer is prohibited from amending paper or digital copies of any media that they have printed or downloaded, and may not use any illustration, photograph, video or audio sequence or drawing separately from the accompanying text.
CHATEAU DES THERMES must always be identified and recognised as the author of the content on the website.
The customer may not use any portion of the website for commercial or private purposes, without obtaining authorisation from CHATEAU DES THERMES or its potential licensors.
If the customer has printed, copied or downloaded any portion of the website in violation of the terms and conditions of use, they shall be immediately blocked from accessing the website, and they must return or destroy any copies of the media they have made, depending on what CHATEAU DES THERMES chooses, without prejudice to damages and fees.
ARTICLE 15. – NOTIFICATIONS
Written notifications are sent by email, traditional post or by registered mail to the following address: Rue Hauster 9, 4050 CHAUDFONTAINE
Electronic notifications are sent to the following address: info@chateaudesthermes.be
Notifications to the customer are sent to the email address and postal address specified during the order process by standard or registered mail.
ARTICLE 16. – JOINT LIABILITY
If there are multiple buyers, they shall share the obligations jointly.
ARTICLE 17. – LANGUAGE
The general terms and conditions are available in multiple languages. In the event of a disparity between the French version and the translations, the French version shall take precedence.
ARTICLE 18. – APPLICABLE LAW AND RELEVANT JURISDICTION
Belgian law shall apply to the exclusion of the Vienna Agreement on the International Sale of Goods.
Any disputes arising from this contract, or related to it, shall be handled exclusively by the courts in the judicial district of LIEGE (LIEGE division), without prejudice to the right of the parties involved to have prior recourse to an alternative method for resolving conflicts: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage
Where the customer is a consumer, jurisdiction shall be determined by applying Article 624, Paragraph 1, 2 and 4 of the Belgian Judicial Code.