These general conditions of sale govern the relationship between LES ECUADORS SPRL represented by its manager MARINO FATO, registered in the trade and companies register under VAT number BE-0457.865.338 - Galerie du roi, 10 - 1000 - BRUXELLES, (hereinafter " LES ECUADORS SPRL) and any person or company making an online purchase ("the Customer") through the sites lesecuadors. Com lesecuadors.be, lesecuadors.be ("the Sites"). The Sites are the property of the company LES ECUADORS SPRL in its entirety, as well as all related rights. Any reproduction, in whole or in part, is systematically subject to the authorization of its owner who holds these rights. However, hypertext type links to the site are authorized if they are intended to promote the site and the products sold by LES ECUADORS SPRL.
1. Acceptance of conditions
The customer acknowledges, on the one hand, having read, at the time of placing the order, these general conditions and the various notices, information, available and downloadable on the Site that he declares to accept without reservation. These general conditions of sale set the framework for orders placed on the Site, each order form being deemed to incorporate all of its terms. These general conditions of sale will prevail over all other conditions appearing in any other document.
The following terms are understood here: "Product", any finished or semi-finished product in perfumery, perfumed products, ambience or pleasure, luxury or standard or custom decoration, the distance sale of which is made possible on the Site. “Client”, the natural person of full age who acquires Products on the Site or the professional who acquires them for the needs of his professional activity; "Order" the dematerialized or paper document, signed or provided by the Customer on the Site.
LES ECUADORS SPRL may modify its general conditions at any time, the version applicable to any transaction between the parties being that which is accessible online as part of the ordering process on the Site. It is up to the Customer to keep on his hard drive the documentary elements (printable surplus) of his Order. In accordance with the regulations applicable to electronic distance contracts, only contracts concluded electronically with Customers for amounts equal to or greater than 120 euros are kept for a period of ten years on a backup server.
Access to the Site
Like any website, the Site is accessible at any time subject to curative or preventive maintenance operations by internet service providers, cases of force majeure, necessary updates to the Site and under which LES ECUADORS SPRL cannot be held responsible.
2. Illustration and essential characteristics of the Products
The Products offered to the Customer appear on the Site within the limits of available stocks and subject to the proper functioning of the Site. Each product offered on the Site is the subject of a summary presentation in accordance with the regulations indicating its name, characteristics, price, a photograph, with, in the case of essences or raw materials, an explanatory description, a notice of use with the reference, if necessary, to additional explanations. The photographs illustrating the Products do not enter into the contractual field. If errors occur, in any case, the responsibility of LES ECUADORS SPRL cannot be engaged. The Intellectual Property rights on these photographs belong to LES ECUADORS SPRL, which does not grant any license in this regard. The standard products offered online to its customers by LES ECUADORS SPRL are available in the warehouse at its disposal. Custom-made products are the subject of an elaboration finish thanks to the intervention of the consultant perfumer of LES ECUADORS SPRL. The raw materials used and the various components comply with applicable sector regulations.
Contractual path and order process
He guarantees the accuracy of the personal information provided concerning him. He receives confirmation of the creation of his account by email. Any order for Products using this username and password will be presumed to have been made by the Customer.
The Customer can place the order itself which results in the following successive phases:
For Standard Products
Choice of the Product, confirmation of this choice by adding to the basket (1st click), confirmation of the basket by a click to end the order (complete the order or order: 2nd click), Information by the Customer of his contact details online (or Identification of the Customer and his contact details) that the customer confirms with a click; Choice of delivery method by means of a click; Verification of the summary of the order and its price with the option of correcting any errors, with consultation and acceptance of the general conditions of sale (downloadable) by checking the corresponding box and validation of the order (3rd click), choice of the method of payment by means of a click, Instant payment of the order or deferred by check; Send by LES ECUADORS SPRL of the acknowledgment of receipt of the order with the mandatory information and the invoice in attached documents in PDF format, storable on the hard drive of the Customer's computer.
3. Registration and processing of the Order
The automatic registration systems are considered as proof of the nature, content and date of the order. LES ECUADORS SPRL confirms the acceptance of its order to the customer at the email address that it will have communicated. The sale will only be concluded from the confirmation of the order and after the bank payment centers have given their agreement. In the event of rejection from the payment center concerned, the order will be automatically canceled and the Customer notified by email. LES ECUADORS SPRL reserves the right to cancel any order from a customer with whom there is a dispute relating to the payment of a previous order or whose personal account contains inaccurate information or suggests that it is a question of fraud. The information given by the buyer when ordering commits the latter: in the event of an error in the wording of the recipient's contact details, the seller cannot be held responsible for the impossibility in which it could be delivered. the product.
LES ECUADORS SPRL delivers the packages of Orders placed on the Site to countries accessible by postal delivery services. LES ECUADORS SPRL will make its best efforts to process Orders, within the limit of available stocks of the Products offered on the Site. LES ECUADORS SPRL cannot be held responsible for the non-fulfillment of an Order concluded in the event of unavailability or in the event of a stock shortage at the manufacturer or supplier. If after confirmation of the Order the reserved Product turns out not to be available, LES ECUADORS SPRL will inform the Customer by email or telephone as soon as possible.
If the Product is not available and cannot be delivered by correspondence within 15 days of the maximum expected delivery date of the order, the customer service of LES ECUADORS SPRL will contact the Customer to validate with him the terms of reimbursement of his order which will take place within 30 days at the latest. Alternatively, customer service from LES ECUADORS SPRL may offer a refund in the form of a voucher, to have on the entire Site for one year, or provide a substitute product available of equivalent quality and price. In the event of the supply of a good of equivalent quality and price, the return costs in the event of the customer exercising the right of withdrawal will be borne by LES ECUADORS SPRL.
Exceptionally, in the event of supply difficulties for all or part of the Products requested during an Order, the Order may be put on hold by LES ECUADORS SPRL until receipt of all the products.
It is also specified that for reasons of availability, an order cannot be delivered in several times to the customer and will be shipped upon receipt by LES ECUADORS SPRL for all products. If the customer wants two different delivery locations, he places two orders, with the corresponding duplicate delivery charges.
The delivery times correspond to the processing and delivery times of the Products. When they are not available in stock, the deadlines are themselves calculated according to the date of receipt of the Product communicated by the manufacturers and partners of LES ECUADORS SPRL, if this date is known either according to the supply possibilities at the time of the order.
These deadlines do not include public holidays and weekends. The delivery times are indicated to the Customer on a case-by-case basis either during the validation of the Order summary by the customer, or during the acknowledgment of receipt of the Order by LES ECUADORS SPRL.
Delivery in Europe EEC:
Parcel: the parcel entrusted by LES ECUADORS SPRL by post or by the carrier is delivered within three to five working days at the prices mentioned on the Site and included in the invoice, to the address mentioned by the Customer. If the Customer is absent at the time of delivery, he will be informed of the delivery by post which will set the terms of delivery or collection of the package.
Sample: delivery by post mail.
Parcel: the parcel entrusted by LES ECUADORS SPRL to the carrier is delivered within a maximum of two (2) to ten (10) working days at the prices mentioned on the Site and included in the invoice, to the address mentioned by the Customer. If the Customer is absent at the time of delivery, he will be contacted by the service provider ensuring the delivery and will fix with the carrier the terms of a re-delivery or withdrawal of the package. In the event of delivery by the Postal Service, he must contact the postal service of his country in order to collect his package and arrange a new delivery.
Sample: delivery by post by post and then delivered to the post office of the country of delivery.
Delivery is made AT WORKING HOURS.
THE CUSTOMER SHALL INDICATE A PROFESSIONAL ADDRESS FOR DELIVERY REQUIREMENTS AS SOON AS THIS IS NOT ABLE TO PERSONALLY TAKE RECEIPT OF THE PARCEL OR BY PERSON SPECIALLY ADVISED BY THE CUSTOMER TO THIS EFFECT.
LES ECUADORS SPRL cannot deliver to PO boxes, nor to military and naval addresses.
Deliveries are deemed to have been made as soon as the Product is made available to the Customer or his agent by the carrier, who collects the latter's signature / receipt via the paper or electronic control system in use by this carrier, i.e., in the event of absence, by the delivery of a notice of availability or passage in the recipient's mailbox.
If the package is not received despite the various passages of the carrier or if it is not received because no one shows up at the relay point where it is located, LES ECUADORS SPRL remains entitled to withdraw the corresponding amount or to keep it when the payment has been collected by the latter. A package that has not been collected / received can be returned to LES ECUADORS SPRL, the recipient then being informed by email. The Customer may nevertheless request a new delivery, the costs of which are to be borne by the latter.
It is up to the CUSTOMER OR HIS REPRESENTATIVE TO CHECK THE DELIVERY ON ARRIVAL AND TO MAKE ANY RESERVATIONS AND CLAIMS WHICH MAY BE JUSTIFIED OTHERWISE REFUSING THE PACKAGE, in the event of missing, proven or apparent opening of the package or obvious traces of deterioration.
If the CUSTOMER accepts the package, he must mention his reservations on the carrier's document or have them entered by the carrier in the electronic control system used.
In all cases, reservations and complaints must also be sent to the carrier by registered letter with acknowledgment of receipt WITHIN THREE working DAYS of delivery of the Products, with a mandatory copy for the attention of LES ECUADORS SPRL.
Except in cases of force majeure or an act attributable to the Customer, THE TERMS OF THE RIGHT OF RETURN AND REFUND ARE IMPLEMENTED IN CONSULTATION WITH THE CUSTOMER SERVICE OF LES ECUADORS SPRL.
Complaints should be addressed to LES ECUADORS SPRL and returned products according to the following procedure:
1) Complete the form sent in PDF format by the customer service of LES ECUADORS SPRL. In the event of non-compliance with the Order, the Customer provides a sufficient and reasoned explanation by filling in the form.
2) Place the product (s), which have never been used, to be returned with all possible accessories, instructions for use and documentation in the original box or equivalent and attach a copy of the invoice and the delivery slip accompanied by the form or a letter mentioning the return request and the items concerned.
3) Return packages must be sent with an acknowledgment of receipt to the address indicated on the delivery note. No cash on delivery will be accepted.
4) In the event of a defective product, an exchange will be made on the condition of returning the said product and explaining the problem encountered. Without product no exchange will be accepted.
In the event of proven or suspected fraud LES ECUADORS SPRL can suspend or defer the reimbursement.
Returned products that do not comply with the above procedure will not be taken back and reimbursed for, and in any event, packages for which no attached element allows the sender to be identified, namely not including at least the order number, the email address, last name, first name, address and signed form.
The Customer bears the consequences of non-compliance with the aforementioned reservation and complaint deadlines.
NON-COMPLIANCE WITH THE DELIVERY TIME
In total and taking into account the above provisions, LES ECUADORS SPRL commits to a delivery time of at most 20 working days for standard products and 45 working days for personalized products.
LES ECUADORS SPRL cannot be held responsible for the delay in delivery times, due to the carrier in the event of force majeure or due to the customer.
If a case of exceeding the delivery time is noted, the Customer immediately informs LES ECUADORS SPRL by calling the telephone number on the Site and recalled in the acknowledgment of receipt.
In any event and in accordance with the law when the deadline is exceeded more than 7 days, the Customer is entitled within sixty days to request by letter AR the cancellation of the Order (except in cases of force majeure or fact of the Customer), unless the Order has arrived safely before this request. If the package arrived after the Customer's request for termination, the latter undertakes to return it and LES ECUADORS SPRL undertakes to reimburse the product and the shipping costs, upon receipt of the product by it, complete and in its original condition, unless the Customer rejects an email order informing the seller of its acceptance.
With regard to the professional, and taking into account the above, LES ECUADORS SPRL is committed within the framework of the delivery obligation (within a period of at most 45 working days for standard products and 80 working days for personalized products), the products traveling at the risk of the former. Likewise, after the aforementioned reservation and complaint periods, any complaint of any kind whatsoever by the latter will be considered inadmissible. The same applies if it does not carry out a rigorous control of the goods and their conformity. Without prejudice to the foregoing, any defect or faulty workmanship recognized after contradictory examination with the professional only obliges the seller to replace, free of charge, goods recognized as defective, to the exclusion of any operating loss or additional damage. .
5.1 Standard products
With the exception of Products made or prepared to measure, or according to the Customer's specifications or clearly personalized, or which, due to their nature, cannot be reshipped or are likely to deteriorate or expire quickly, the Customer benefits a right of withdrawal / return of 14 days from receipt of the items. Directive 2011/83 EU of June 13, 2014 which standardizes in Europe a withdrawal period of 14 days.
When the Customer exercises his right of withdrawal, he immediately informs customer service by telephone and confirms it by internet to the email address of LES ECUADORS SPRL reserved for this purpose, and returns the package at its expense.
If before any delivery the Customer notices that his order is incorrect, he immediately informs Customer Service of LES ECUADORS SPRL by telephone and by email, the right of withdrawal / return applying and resulting in a cancellation of the Order with suspension of delivery if this is possible.
The Customer is prohibited from returning an incomplete Product, the packaging of which has been torn, damaged, damaged, used / tested or soiled. LES ECUADORS SPRL will not take it over. No cash on delivery will be accepted.
Packages for which no attached item can identify its sender, or for which the order number, email address, name, first name, address are missing, are never taken back.
Any returned Product must be properly protected, in perfect condition for resale and marketing (not tested, undamaged, damaged or soiled by the Customer) accompanied by all its accessories, user manuals and documentation, at the address indicated , with the invoice sent by LES ECUADORS SPRL, the Customer is responsible for keeping a copy.
In the event of proven or suspected fraud or non-compliance with the return conditions, LES ECUADORS SPRL may in particular suspend or defer reimbursement.
The refund to the Customer is made, at the customer's choice, either in the form of an alternative product, or vouchers or by a credit note valid for one year on the entire Site, or by refund on a bank card, in as soon as possible and at the latest within 30 days of the date on which the right of withdrawal / return is exercised.
Customer service LES ECUADORS SPRL is as follows: LES ECUADORS SPRL - Customer service - Galerie du roi, 10 - 1000 - BRUSSELS - Tel: 00 00 00 00 00 00 - www.lesecuadors. Com lesecuadors.be, lesecuadors.be - customer service internet address: lesecuadors@ yahoo.fr.
Unless there is extensive national public policy transposition of Directive 2011/83 EU, (if the extension is supplementary it will therefore not apply here), the right of withdrawal only benefits consumers who are natural persons contracting for their needs. personal.
5.2 Customized products
In accordance with the provisions of the Consumer Code, the right of withdrawal does not apply to the supply of goods made to customer specifications or clearly personalized, like a product whose raw materials have been selected by the customer. Customer and the resulting finished product made up on the character indications transmitted by the latter.
The Customer benefits from the applicable legal guarantees known as the hidden defects guarantee, on the one hand, and compliance, on the other hand.
In the presence of a hidden defect, the Customer has the choice between on the one hand having the price returned, subject to the return by him (according to the above terms) of the product, or on the other hand, the conservation of the product (affected by the hidden defect) but in return for a partial refund of the price agreed by the seller.
In the presence of a lack of conformity, the Customer can choose between repairing and replacing the Product or restoring the price in whole or in part.
However LES ECUADORS SPRL may not proceed according to the Customer's choice when the requested solution proves unreasonably onerous for the seller or oppose it when the conditions of legal application are not met.
Alternatively to the return of the price, LES ECUADORS SPRL can offer vouchers and the Customer accept them by notifying it by simple email which puts an end to the dispute, the seller having at heart to favor amicable solutions.
The price is expressed in euros. The price displayed on the Site does not include transport. The price indicated in the order confirmation is the final price, expressed inclusive of all taxes and including VAT for Belgium. This price includes the price of the products, the costs of handling, packaging and conservation of the products, the transport costs. For personalized products, this price also includes the intervention of the partner (s) of LES ECUADORS SPRL may modify its prices at any time, it being specified, however, that the Products are invoiced on the basis of the prices in force at the time the Orders are registered, subject to availability. Product offers and prices displayed are valid as long as they appear on the Site.
Customs fees: they are payable by the Customer
The price invoiced to the customer is the price indicated on the order confirmation / acknowledgment sent by LES ECUADORS SPRL. The price of the products is payable in cash on the day of the order. Payment for purchases is made by credit card.
By bank card: Payment is made by bank card from one of the Visa card, Mastercard, Carte Bleue, Bancontact / MisterCash card or any other method offered on the site. The communication of his bank card number via the Site of LES ECUADORS SPRL constitutes authorization to debit its account up to the amount of the Products ordered. Online payment system LES ECUADORS SPRL allows payment via a bank server in a secure environment. The Customer's Number is therefore directed without going through the store's server, to the bank's servers, which generally directs its customer directly in a secure environment.
The order validated by the customer will only be considered effective when the concerned bank payment centers have given their agreement. In case of refusal of said centers, the order will be automatically canceled and the customer notified by email.
Via the PayPal service: The Customer is invited to enter the personal username and password that the latter has registered with the payment service provider.
In all cases, the online provision of the bank card number or the identifiers of the payment service provider and the final validation of the order which follows constitute proof of the entirety of the order placed by the Customer and of his commitment / signature in accordance with the provisions of the law of March 13, 2000.
Otherwise, LES ECUADORS SPRL reserves the right to refuse any order from a customer with whom there is a dispute. The reliability of the information entered during an order can be verified and automatic alerts triggered according to the information provided. In this regard, the customer may be asked to provide additional information or even supporting documents on the basis of which the order may be continued or canceled.
The invoice is emailed in PDF format to the customer.
No amount paid in advance is or will be considered as a deposit.
The Products remain the property of LES ECUADORS SPRL until full payment of the price.
All the elements of the Site (photographs, illustrations, pictograms, and descriptions, logo, brand) are and remain the intellectual and exclusive property of LES ECUADORS SPRL.
Computing and Freedom
Customer data is kept confidential by LES ECUADORS SPRL. They are only used internally for registration on the Site, processing of the Customer's order, the development and personalization of the customer relationship by way of e-mail information and newsletters, on the one hand or on the other hand. on the other hand specific actions of commercial promotions to which the Customer will not be opposed.
When collecting their data, the Customer is informed by the Site of the mandatory or optional nature of their responses by the presence of an asterisk. In the absence of a response to the mandatory information, the registration cannot be recorded nor the Order processed.
Certain information may be communicated to service providers directly involved in the ordering process such as the carrier.
In accordance with the Data Protection Act of January 6, 1978, the Customer may exercise his right of access and his right of rectification or deletion for information concerning him, opposition for legitimate reasons and opposition to commercial prospecting by sending his signed request by post to: LES ECUADORS SPRL, Galerie du Roi, 10 - 1000 - BRUSSELS, and by providing their email address, first names and surnames, as well as their postal address.
Cookies record certain information which is stored in the memory of the Customer's hard drive but do not contain or communicate personal data concerning him. These cookies are used only to facilitate the order taking or the security of the transaction.
The responsibility of one or the other of the parties can not be sought if the execution of the contract and of the order is delayed or prevented due to a case of force majeure or a fortuitous event, due to the '' other party or a third party or external causes, such as, in particular, flood, fire, interruption of the supply of energy, raw materials, stockouts or cessation of supply by laboratories, any decision health authorities, as well as total or partial strikes of any kind hindering the smooth running of LES ECUADORS SPRL, such as transport strikes, postal services. In the event of force majeure, the obligations of the Parties are suspended.
The data recorded by the payment system used and chosen by the Customer (banking establishment, card payment center, payment service provider or other), as part of the ordering process and the data recorded by LES ECUADORS SPRL constitute the proof of all the financial transactions passed or intervened between LES ECUADORS SPRL, the Client and said establishment (or other body).
Data on computer or electronic medium, emails constitute valid evidence and as such, are admissible under the same conditions and with the same probative force as any document that would be established, received or kept in writing.
8 Applicable law - Responsibilities - Disputes
LES ECUADORS SPRL cannot be held responsible for any damage of any kind, whether material, immaterial or bodily, which could result from a malfunction or from the improper use of the products sold.
With regard to a consumer the responsibility of LES ECUADORS SPRL cannot be engaged in the event of damage resulting from a case of force majeure, due to the act of a third party or any fact attributable to the Customer.
The responsibility of society LES ECUADORS SPRL with regard to the professional will, in any event, be limited to the amount of the order and cannot be engaged in the event of damage resulting from a case of force majeure, or due to any fact attributable to the Customer or to a third.
In the event of difficulties in the application of this contract, the Customer has the possibility, before any legal action, to seek an amicable solution by requesting for this purpose the customer service of LES ECUADORS SPRL.
In the absence of an amicable solution, the case will be brought before the competent Belgian courts and in the event that the buyer turns out to be a professional, the Parties attribute exclusive jurisdiction to the commercial court at the seat of LES ECUADORS SPRL.