Terms of sales
The following provisions establish the general conditions of sale of the products offered by the company Phytaroma on its website.
1 - Acceptance of conditions
The buyer acknowledges having read these general conditions of sale and declares, by placing the order, to expressly accept them without reservation. Validation of the order constitutes acceptance of the general conditions of sale.
2 - Purpose
2.1 - This contract determines the rights and obligations of the Phytaroma company and the buyer in the context of the sale of products offered by the Phytaroma company on its website.
2.2 - The general conditions of sale constitute the entirety of the rights and obligations of the parties, no other conditions can be integrated into them.
2.3 - Concerning a contract concluded remotely in electronic mode, the company Phytaroma identifies itself to the buyer:
Phytaroma SNC
Rue Roger Clément, 37
B-5020 TEMPLOUX
E-mail : info@phytaroma.be
Phone : +32 (0)81/58.36.33
VAT : BE 0891.552.833
3 - Product characteristics
3.1 - The Phytaroma company informs the buyer of all the essential characteristics of the products presented. She invites him to read these characteristics carefully. They generally concern the components, dosages, dosage and weight of the products offered.
3.2 - The buyer acknowledges that the representation of the product which appears on the website has only an indicative value as well as the related data.
3.3 - Under no circumstances can a modification of the container or content of a product be invoked in the event of a discrepancy compared to the photo available on the site.
3.4 - Upon receipt of the order, the buyer undertakes to carefully read the product label. It includes the information (dosage, dosages and contraindications, expiration date) that the user must respect.
4 - Offer and Service
4.1 - The Phytaroma company geographically limits the offer proposed to all countries part of the European Union.
4.2 - The buyer is aware that the product will be delivered to him by post or possibility of collection in store.
5 - Order and Commitment
5.1 - The buyer who wishes to place an order must:
- complete the identification form giving all the contact details requested
- fill in the online order form
- confirm your order after checking
- make a secure credit card payment
- confirm your order and payment
5.2 - The order cannot be called into question except in application of article 12.
5.3 - Validation of the order entails acceptance of the general conditions of sale, recognition of having perfect knowledge of them and the waiver of taking advantage of one's own conditions of purchase or other conditions.
5.4 - All data provided and the confirmation recorded by the buyer will constitute proof of the transaction. Confirmation will be worth signing and acceptance of transactions.
5.5 - The sending of the order ends with the appearance on the screen of the certificate of sending the order email. The sale will only be concluded upon receipt of this certificate.
6 - Limitations
6.1 - Phytaroma sells the products presented on its website only to retail and end consumers. Any order that clearly does not correspond to a retail sale will be considered by Phytaroma as null and void.
6.2 - Generally and without necessary justification, Phytaroma reserves the right to refuse or cancel any order from a buyer, particularly in the event of a payment problem for the order concerned or a dispute relating to the payment of a previous order.
6.3 - Only legally capable people can place an order.
7 - Price
7.1 - Prices are indicated in Euro, all taxes included. Delivery costs must be added to the price indicated.
7. 2 - Phytaroma reserves the right to modify the price of the products at any time but the products are invoiced on the basis of the prices in force at the time the order is registered.
8 - Order confirmation
8.1 - To ensure the buyer's wishes, the Phytaroma company undertakes to confirm the content of the order by e-mail, at the latest when it is sent. This confirmation will include the mention of the product ordered, its price, the method of payment and its delivery terms.
8.2 - Almost all products are in stock. If the ordered product is not or no longer available immediately, Phytaroma informs the buyer of the delivery time by email. If the given deadline does not satisfy the buyer, he can then choose to modify or cancel his order.
9 - Proof
These order confirmations will be archived at the Phytaroma company centre and will be considered as proof of the nature of the agreement and its date.
10 - Payment
10.1 - The invoice is payable in cash at the time of ordering by credit card or to our bank account BE80360107153377. Any order collected in store can be paid on site by card or in cash.
10.2 - Payment is handled by the secure server of the company Mollie. This acts against the fraudulent use of the means of payment used for the transaction. Credit card details are only accessible to Mollie. They must be reintroduced each time you purchase online.
10.3 - The order validated by the buyer only becomes effective when the secure banking payment center and the MOLLIE company have given their agreement to the execution of the transaction. In the event of refusal, the order will be automatically canceled and the buyer notified by email.
11 - Delivery
11.1 - The Phytaroma company undertakes to send the ordered products within 2 working days from the order, except in the event of a stock shortage.
11.2 - The products are delivered by post to the address indicated by the buyer on the order form. The products travel at the sole risk of the recipient.
11.3 - Phytaroma cannot under any circumstances be held responsible for errors made by the buyer in the wording of the address of the recipient of the order nor for delivery delays or the impossibility of delivering the ordered products caused by these errors.
11.4 - Delivery rates and times are available on the Phytaroma website. They are given for information purposes only. No compensation can be claimed in the event of late delivery to Phytaroma or the carrier by the buyer.
11.5 - The buyer will check the general appearance of the packaging of the delivered product. In the event of damage, he undertakes to report it to Phytaroma within 48 hours.
11.6 - If a package is not received despite the delivery notice and the invitation to collect it from the post office, it is returned to Phytaroma and the recipient will be notified by e-mail upon receipt of the information. Additional delivery may be requested by the buyer who will bear the costs (even if the first shipment was made free of charge).
11.7 - Any complaint must be addressed to Phytaroma. No complaints relating to apparent defects will be accepted 48 hours after delivery.
11.8 - In the event of non-compliance of the delivered product, Phytaroma undertakes to exchange the product or reimburse the buyer. However, transport costs remain the responsibility of the customer.
11.9 - The recipients of the products are prohibited from any partial or total resale of the products purchased.
12 - Waiver
12.1 - According to article 46 of the law relating to market practices and consumer protection, the buyer has a waiver period without penalty or indication of reason of 14 calendar days from the day of receipt of the product ordered. The buyer can also choose to exchange the product.
12.2 - To obtain a refund or exchange, the buyer must return the products intact, new and still sealed in their original packaging at their own expense and under their responsibility. Phytaroma undertakes to reimburse the sums paid by the buyer (except delivery costs), free of charge. In the event that the initial delivery costs were borne by Phytaroma, these costs are deducted from the amount reimbursed to the customer.
12.3 - The only right of waiver of application exists before sending the package. This waiver must be communicated to Phytaroma via its Contact page.
13 - Garantie de la qualité des produits
13.1 - The Phytaroma company undertakes to exchange any defective or damaged product at its own expense.
13.2 - The warranty does not apply to defects or damage resulting directly from or occurring in the context of one of the following exclusion cases:1. any negligence, handling error, non-compliant use of products or, more generally, defective or clumsy use, 2. Any intervention or modifications carried out on the products by any person outside our services, 3. Any fire, water damage , accident or air conditioning defect, malicious intent, storm, consequences of the storm or meteorological accident, 4. Damage caused by transport.
14 - Privacy
14.1 - The information concerning the order is subject to automated data processing. The buyer acknowledges having knowledge of it. Phytaroma undertakes to never transmit them to a partner other than those acting on behalf of Phytaroma (e.g. MOLLIE).
14.2 - In accordance with the Belgian law of December 8, 1992, the buyer also has a right of access and rectification with regard to any information concerning him appearing in the files of the company Phytaroma.
15 - Responsability
15.1 - The Phytaroma company cannot be held liable under any circumstances for damages of any kind that could result from improper use of the products sold.
15.2 - The Phytaroma company cannot be held responsible in any case for non-compliance with the regulatory and legislative provisions in force in the receiving country. The possible liability of the Phytaroma company is exclusively limited to the value of the product in question, determined on the date of its sale.
15.3 - In the online sales process, the Phytaroma company is only bound by an obligation of means. It cannot be held liable for damage resulting from the use of the Internet (loss of data, intrusion, viruses, interruption of service, or other unintentional problems).
16 - Intellectual property
16.1 - The Phytaroma company retains all copyright on the products of its own brand “Phytaroma” delivered. Unless otherwise stipulated and without prejudice to any copyright, the buyer undertakes not to copy or reproduce in whole or in part the products delivered by any means and in any form.
16.2 - All elements appearing on the Phytaroma company website are and remain the intellectual and exclusive property of the Phytaroma company. They are protected by copyright. Nothing, not even visual or sound software, may be reproduced, exploited, rebroadcast or used in any capacity or in any form, even partially, without prior written permission from Phytaroma.
17 - Cookies
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18 - Dispute resolution
18.1 - In the event that a dispute arises from this contractual relationship, the parties undertake, before any legal action, to seek an amicable solution.
18.2 - All our sales, even international ones, are governed exclusively by Belgian law. For any possible dispute, jurisdiction is assigned to the competent courts of our head office.
