Article 1 - Definitions

We will designate thereafter:  'Site': the site https://www.treeofcolors.com/ and all of its pages.

'Products': all products (materials) and services (intangible) that can be purchased or subscribed to on the site.

'Publisher': The person, legal or physical, responsible for the edition and content of the site, and presented in the legal notice of the site.

'User': The user visiting and using the site.

'Customer': The user making a purchase of a product or service on the site.

Article 2 - Statements imposed by the law of confidence in the digital economy and object of the site

This site is published by Tree of Colors Entreprise Person Physique.Le legal information about the host and publisher of the site, including contact information and any capital information and registration, are provided in the legal notice of this site .The information concerning the collection and processing of personal data (policy and declaration) are provided in the charter of personal data of the site. The present site proposes to the on-line sale of Objects of art and decoration. The site is d free and free access to any user. The acquisition of a good or a service, or the creation of a member area, or more generally the navigation on the site supposes the acceptance, by the Net surfer, of the entirety of the present general conditions who recognizes the same fact in having fully understood. This acceptance may consist for example, for the user, to check the box corresponding to the acceptance sentence of these terms and conditions, having for example the words "I acknowledge having read and accepted all of the terms and conditions of the site. ". Checking this box will be deemed to have the same value as a handwritten signature from the user. Acceptance of these terms and conditions assumes that users have the necessary legal capacity for this. If the user is a minor or does not have this legal capacity, he declares to have the authorization of a guardian, a curator or his legal representative. The user recognizes the value of proof of the automatic recording systems publisher of this site and, except for him to provide evidence to the contrary, he waives the challenge in case of dispute. The Publisher makes available to the Customer, on its Site, a confidentiality charter specifying all the information relating to the use of the personal data of the Client collected by the Publisher and to the rights available to the Client. this personal data. The privacy policy of the data is part of the GTC. The acceptance of these Terms and Conditions therefore implies the acceptance of the data confidentiality policy.

Article 3 - Characteristics of the products and services offered

The products and services offered are those listed in the catalog published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description prepared by the publisher according to the descriptions provided by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they can not ensure a perfect similarity with the physical products. The customer service of this site is accessible by e-mail at l adeline@treeofcolors.com or by post to the address indicated in the legal notice, in which case the publisher agrees to provide a response within 7 days.

 

Article 4 - Rates

Unless otherwise stated, the prices appearing in the catalog are prices understood in Euros all taxes included, taking into account the VAT applicable on the day of the order.  Tree of Colors reserves the right to pass on any change in the VAT rate to the price of products or services. The publisher also reserves the right to change prices at any time. However, the price listed in the catalog on the day of the order will be the only applicable to the buyer.

 

Article 5 - Member area

The user registered on the site (member) has the possibility to access it by logging in with his login information (e-mail address defined during his registration and password) or possibly using systems such as login buttons thirds of social networks. The user is fully responsible for protecting the password he has chosen. He is encouraged to use complex passwords. In case of forgotten password, the member has the possibility to generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in its heading "my account" and the user thus refrains from transmitting it or communicating it to a third party. Otherwise, the publisher of the site can not be held responsible for unauthorized access to a user's account. The creation of a personal space is a prerequisite for any order or contribution from the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information. The purpose of collecting the data is to create a "member account". This account allows the client member to view all his orders made on the site. If the data contained in the heading member account were to disappear as a result of a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, this information having no probative value but only an informative character. The pages relating to the member accounts are freely printable by the holder of the account in question but do not constitute any proof, they are only informative intended to ensure an effective management of his orders or contributions by the member. reserves the exclusive right to delete the account of any member who has contravened these general conditions (in particular but without this example being of any exhaustive nature, when the member knowingly provided erroneous information, when registering and the constitution of his personal space) or any inactive account for at least one year. Such removal will not be likely to constitute damage for the excluded member who can not claim any compensation for this fact. This exclusion is not exclusive of the possibility for the publisher to take legal action against the member, when the facts justify it.

Article 6 - Exemption of the publisher's liability in the context of the execution of this contract

In case of impossibility of access to the site, due to technical problems or all kinds, the user will not be able to claim damage and will not be able to claim any compensation. Unavailability, even prolonged and without any duration limited, of one or more products, can not be constitutive of a prejudice for the Net surfers and can in no way give place to the grant of damages and interests on the part of the site or its publisher. The photographs and visuals of the products presented on the site have no contractual nature, the responsibility of the publisher of this site could not be engaged if the characteristics of the objects differ from the visuals present on the site or if these are erroneous or incomplete.  The hypertext links on this site may refer to other websites and the responsibility of the publisher of this site can not be engaged if the content of these sites violates the laws in force. Similarly the responsibility of the publisher of this site can not be engaged if the visit, by the user, of one of these sites, caused him harm.

Article 7 - Intellectual property rights relating to the elements published on this site

All elements of this site belong to the publisher or a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of logos, textual, pictographic or video content, without this enumeration being exhaustive, is strictly prohibited and is similar to counterfeiting. Any member who would be guilty of infringement would be liable to have his account deleted without notice or compensation and without this deletion being able to constitute damage to him, without reserve of possible subsequent legal proceedings against him, on the initiative publisher of this site or its agent.

 

Article 8 - Limitation of Liability

The responsibility of the publisher of the site can not be engaged for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service of the site, or others. The publisher of the site, in particular in the process of selling online, is held only by an obligation of means.The publisher of the site Tree of Colors can not be held responsible for non-performance of the contract concluded, due to the occurrence of a force event major. Concerning the purchased products, the publisher will not incur any responsibility for any consequential damages because of the presents, operating loss, loss of profit, damages or expenses, which could occur. The choice and purchase of a product or service are under the sole responsibility of the customer. The total or partial impossibility of using the products notably because of the incompatibility of the material can not give rise to any compensation, reimbursement or questioning of the responsibility of the publisher, except in the case of a hidden defect proved , non-conformity, defectiveness or exercise of the right of withdrawal if applicable, ie if the customer is not a professional and that the contract concluded to acquire the good or service allows the retraction, according to the articles of book VI of the Code of Economic Law. In case of non-delivery of an order or part of order, the customer has 60 days from the expected delivery date to appear to automatically cancel the order by sending a registered letter with acknowledgment of receipt . Beyond this deadline, no claim will be accepted. The user expressly admits to use the site at his own risk and under his exclusive responsibility. The site provides the user with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, Tree of Colors can in no way be held responsible for: - any direct or indirect damage, particularly with respect to loss of profits, loss of profits, loss of customers, data that may other resulting from the use of the site, or otherwise the impossibility of its use - a malfunction, unavailability of access, misuse, misconfiguration of the computer the user, or the use of a browser little used by the user - the content of advertisements and other links or external sources accessible by the user from the site.

 

Article 9 - Access to the site

The responsibility of the publisher of the site can not be engaged because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, a maintenance, an update, a modification of the site, an intervention of the host, an internal or external strike, a network failure, a power failure, or a misconfiguration or use of the user's computer. 

 

Article 10 - Account Closure

Each user is free to close their account on the site. For this, the member must send an e-mail to the site indicating that he wishes to delete his account. No recovery of his data will then be possible.

Article 11 - Applicable law and mediation

These general conditions are subject to the application of Belgian law. They can be modified at any time by the publisher of the site or his representative. The general conditions applicable to the user are those in force on the day of his order or his connection to this site. The publisher obviously agrees to keep all its old general conditions and to send them to any user who requests it. Except for public policy provisions, any disputes that may arise in the context of the execution of the present Terms and conditions may before any legal action be submitted to the appreciation of the publisher of the site for an amicable settlement. It is expressly reminded that amicable settlement requests do not suspend the time limits for taking legal action. Unless otherwise provided by public order, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seizure.Mediation of consumptionIn accordance with Book XVI of the Code of economic law, Tree of Colors Entreprise Personne Physique offers to its private clients, in the context of disputes that could not find an amicable resolution, the Mediation Service for the Consumer, whose contact details are as follows: Mediation Service for the Consumer- Boulevard du Roi Albert II 8, 1000 Brussels- Tel. : 02 702 52 20- Fax: 02 808 71 29- E-mail: contact@mediationconsommateur.be- Site: http: //mediationconsommateur.beIt is reminded that the mediation is not obligatory but only proposed in order to solve the disputes avoiding recourse to justice.

Article 12 - Use of Cookies

A "Cookie" allows the identification of the user of a site, the customization of his site consultation and the acceleration of the display of the site through the recording of a data file on his computer. The site may use "Cookies" mainly to 1) obtain browsing statistics to improve the user experience, and 2) allow access to a member account and content that is not It is not accessible without connection. Users acknowledge that they are aware of this practice and authorize the publisher of the site to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition. The User may refuse the registration of "Cookies" or configure his browser to be notified prior to the acceptance of "Cookies". To do this, the User will proceed to the setting of his browser: - For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies- For Safari: https: //support.apple.com/en-us/ht1677- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en&safe=on- For Firefox: https: // support .mozilla.org / en / kb / enable-disable-cookies- For Opera: http://help.opera.com/Windows/10.20/en/cookies.html

 

Article 13 - Purchase order procedure and description of the purchase process

We will define below as "Basket" the immaterial object grouping all the goods or services selected by the user of the site for a purchase in, having clicked on these objects. As soon as the user believes he has selected and added to his basket all the items he wants to buy, he will have the opportunity, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be acquainted or where will be communicated the number and characteristics of products ordered, as well as their unit price. If he wishes to validate his order, the user will have to check the box relative to the ratification of the present general conditions of sale and click on the button of validation. The user will then be redirected to a page in which he will have to fill in the order form fields. In the latter case, he will have to fill in a certain amount of personal data concerning him, which is necessary for the smooth running of the order. Once the user has completed the form, he will then be asked to make his payment with the means of payment listed in the section of these general conditions relating to payments. After a few moments the user will be sent an email confirmation of the order, reminding him of the content of the order and the price thereof. The products and items sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.

Article 14 - Payment Information

The internet user can place an order on this site and can pay by credit card and Paypal. Payments by credit card are made through secure transactions provided by an online payment platform provider. access to any data relating to the means of payment of the user. The payment is made directly in the hands of the bank or payment provider receiving payment from the Customer. In case of payment by check or bank transfer, the delivery times defined in the article below start running only from the date of actual receipt of payment by the seller, the latter can provide proof by all means. The availability of products is indicated on the site, in the description of each article.

 

Article 15 - Delivery or provision

The delivery costs will be indicated to the customer before any payment and concern only deliveries made in the European Union. For any other place of delivery, it will be up to the customer to contact customer service. Unless otherwise stated on the website during the ordering process or in the description of the products ordered, the publisher agrees to deliver the products. within a maximum period of 15 days after receipt of the order. The responsibility for the goods belongs to the seller until the actual delivery to the buyer. If the delivery is not made within 30 days from the order, the customer has the right to withdraw and will be refunded the full amount on the same credit card through which the payment was made. The buyer can refuse a package at the time of delivery if he finds an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products ...); Any anomaly must then be indicated by the buyer on the delivery note, in the form of handwritten reserves, accompanied by the signature of the buyer. To exercise the right of refusal, the buyer must open the damaged or defective parcel (s) in the presence of the carrier and return the damaged goods to him. Failure to comply with these requirements, the buyer can not exercise his right of refusal, and the company Tree of Colors will not be required to accede to the request for exercise of the right of refusal of the buyer. the buyer's parcel is returned to the publisher by post, the publisher will contact the buyer upon receipt of the parcel in return to ask the follow-up to give to his order. If the buyer has refused the parcel by mistake he can request the return by paying in advance the payment of postal charges for the new shipment. Postal charges must be paid even for orders whose shipping costs were offered when ordering.In case of error in delivery or exchange (if the right of withdrawal is applicable according to article 53 of book VI of the Code of Economic Law), any product to be exchanged or refunded must be returned to Tree of Colors in its entirety and in perfect condition. Any defect resulting from clumsiness or mishandling of the buyer can not be attributed to the company Tree of Colors. In accordance with Article 53 of Book VI of the Code of Economic Law, and if the right of withdrawal is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any item not not suitable for him and request exchange or refund without penalty, with the exception of return costs, within fourteen days from the receipt by Tree of Colors of the request for reimbursement. The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. If the previous obligations are not carried out, the buyer will lose his right of withdrawal and the product will be returned to him at his expense. It is recommended to the buyer to make the return by a solution to track the package. Otherwise, if the returned package does not reach the company Tree of Colors, it will not be possible to initiate a survey of postal services to ask them to locate the latter.The return costs in case of withdrawal remain at the expense of the buyer.After receipt and acceptance of the claim, the company Tree of Colors will communicate by email, fax or telephone to the buyer the terms of exchange or refund of products. In order to properly process the request, the customer is requested to attach a copy of the invoice to any claim. The refund will be made by check or transfer. Any delay in delivery exceeding seven working days may result in the resolution of the sale at the initiative of the consumer, upon written request from him by registered letter with acknowledgment of receipt. The consumer will then be reimbursed, within a maximum period of fourteen days, the sums he has incurred when ordering. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the client undertakes not to prosecute the site and its publisher and waives the right of cancellation of the sale provided for in this article

Article 16 - Guarantee of products purchased on this site

All the articles acquired on this site benefit from the following legal guarantees, provided for by articles 1641 and following of the Civil Code;  Guarantee all customers  The seller is obliged to deliver a good in accordance with the contract and to answer for any lack of conformity existing during the delivery of the good.

The guarantee of conformity may be exercised if a defect were to exist on the day of taking possession of the product, and the seller is liable for any lack of conformity that would become visible within a period of two years from that date.  When the defect appeared in the 6 months which follow this date, it is presumed to have been present as soon as the delivery of the good. However, after this period of 6 months, it will be up to the customer to prove that the defect existed at the time of taking possession of the property. 

Guarantee of hidden defects  The customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore not to result from the normal wear of the product for example), and be serious enough (the defect must either render the product unfit for the intended use, or reduce the use to such an extent that the purchaser would not have purchased the product or purchased it from a such price if he had known the defect). 

Claims, requests for exchange or refund for a non-conforming product must be made by post or email to the addresses indicated in the legal notice of the site. Shipping costs return the goods are the responsibility of the buyer.  In case of nonconformity of a delivered product, it can be returned to the seller who will proceed to its exchange. In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the buyer will be refunded by check or transfer of the amount of his order.

 

Article 17 - Archiving

Tree of Colors will archive the purchase orders and the invoices on a reliable and durable support constituting a faithful copy. The computerized registers will be considered by the parts like proof of the communications, orders, payments and transactions intervened between the parts. 

Article 18 - Framing of conditions

If any provision of the Terms and Conditions is found to be unlawful, void or for any other unenforceable reason, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The terms and conditions are not transferable, transferable or sublicensable by the user himself.A printed version of the Terms and any notices given in electronic form may be requested in judicial or administrative proceedings in connection with the general conditions . The parties agree that all correspondence relating to these terms and conditions must be written in the French language.

 

Article 19 - Notifications

Any notification or opinion concerning these general conditions, the legal notices or the charter of personal data must be made in writing and must be delivered by hand, registered or certified mail, by see mail of a courier service recognized at the national level. which allows to regularly follow its packages, or by mail to the addresses indicated in the legal notices of the site, by specifying your names, first names, contact details and object of the notice. 

 

Article 20 - Complaints

Any complaint related to the use of the website, the service offered on this site, or any other related service, the pages of the site on any social networks or the general conditions, legal notice or charter of personal data must be filed in the 365 days following the day of origin of the source complaint problem, regardless of any law or rule of law to the contrary. In the event that such a claim has not been filed within the next 365 days, such claim will be forever inapplicable in court. 

Article 21 - Inaccuracies

It may be possible, throughout the website and the services offered, and to a limited extent, inaccuracies or errors, or information that does not agree with the terms and conditions, the legal notice or the charter. of personal data. In addition, it is possible that unauthorized changes are made by third parties on the site or on ancillary services (social networks ...).  In such a situation, the user has the possibility to contact the publisher of the site by mail or by mail to the addresses indicated in the legal notice of the site, with if possible a description of the error and the location (URL) as well as sufficient information to contact him. 

 

Article 22 - Cancellation form

In accordance with Article 47 of Book VI of the Code of Economic Law, the Client can find below a standard withdrawal form for an order placed on the site, to be sent to Tree of Colors by registered letter with acknowledgment of receipt. It is understood that the customer will bear the costs of return of the property in case of withdrawal, as well as the cost of return of the property if it, because of its nature, can not normally be returned by post, and that this retraction can only operate in the conditions of retraction stipulated in these general conditions of sale. In case of withdrawal, the client will be refunded the full amount and this on the same credit card through which the payment was made. 

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