General conditions of sale

LEGAL NOTICES:

• Company name: HABEEBEE
• Head office: Chaussée de la Hulpe 330, Watermael-Boitsfort, 1170 Belgium
• Email address: hello@habeebee.be
• Phone number: +3227267688
• VAT number / Company number: BE 0652.818.809


GENERAL CONDITIONS OF SALE:

We are pleased to welcome you to our site, habeebee.be is an e-commerce site accessible via the Internet network. It is open to any user of this network.

The site allows HABEEBEE to offer for sale cosmetic products, candles and beekeeping packs to Internet users browsing the site. For the purposes of this document, it is agreed that the User and HABEEBEE will be collectively referred to as the "Parties" and individually referred to as the "Party", and that the user, company or natural person, having validated an order will then be referred to as the "Buyer". The rights and obligations of the User necessarily apply to the Buyer.
Any purchase of items on the site is subject to these General Terms and Conditions of Sale ("GTC") which the Buyer declares to accept without reservation. The GTC exclude, in the absence of written acceptance by the seller, all other conditions, general and specific, of the buyer.
HABEEBEE reserves the right to modify these general conditions of sale at any time, the general conditions of sale applicable to any order being those accepted by the Buyer at the time of validation of his order.
The Buyer, prior to placing an order, declares that he has full legal capacity to enter into a commitment under these general terms and conditions of sale.

Article 1. Prices and products

1.1 Price
Prices are indicated in euros, including VAT and are only valid on the date the order is placed.
Prices are calculated excluding delivery costs, the latter being specified when validating the shopping cart.
The prices of the items may be modified by HABEEBEE at any time. Only the price displayed on the site is binding between the parties.

1.2 Products
The Products offered for sale by HABEEBEE are those which appear on the Site, on the day the User consults the Site, and within the limit of available stocks. The photographs illustrating the Products do not enter into the contractual field.
HABEEBEE reserves the right to offer additional products depending on the user's status as an individual or professional.

Article 2. Order

2.1 Navigation
The User may freely browse the various pages of the Site, without being committed to an order. Access to the various areas may be limited depending on the status of the user (individuals or professionals)

2.2 Recording an order
The Buyer places his order on the site by following the procedure indicated to him. Automatic recording systems are considered as proof of the nature, content, and date of the order.

2.3 Validation of the order
After having acknowledged the status of his order, and once all the requested information has been provided by the User, he will choose the payment method he wishes to use to pay for his order.
Confirmation of the online order constitutes an electronic signature which has, between HABEEBEE and the Buyer, the same legal value as a handwritten signature.
The payment platform used by the site is Shopify payment.

2.4 Confirmation of the order
The sale will only be concluded upon confirmation of the order by HABEEBEE. This confirmation includes: the terms of payment, delivery and, where applicable, delivery costs, the characteristics of the Product(s) ordered, the conditions and procedures for exercising the right of withdrawal, the address where the Buyer can submit complaints, information relating to after-sales service and commercial guarantees.

HABEEBEE reserves the right not to confirm an order for any reason whatsoever. In the event that the ordered item is unavailable, HABEEBEE will inform the Customer by email. If the Customer so wishes, they may choose to maintain their order pending the availability of the product, be reimbursed for the price of the unavailable product without additional compensation, or benefit from a credit note for an amount equal to the price of the unavailable product. They may make their choice known by simply returning an email. The refund will be made by crediting the debited bank account.

Article 3 Delivery

3.1. Costs
1° Belgium: €6.50/free delivery for all orders over €59
2° European Union: €9
3rd World: €17

If customs duties, local taxes or import duties are payable, these duties are the responsibility of the Buyer and are his/her sole responsibility, both in terms of declarations and payments to the competent authorities and/or bodies. It is his/her responsibility to inquire with the competent authorities.

3.2 Deadlines
The order will be executed within 5 days after order confirmation.
Delivery times are for information purposes only and failure to comply with them will not incur HABEEBEE's liability.

3.3 Terms and Conditions
The items are shipped from Bpost to the location indicated by the Buyer when placing the order. It is the Buyer's responsibility to provide all the details necessary for the correct delivery of the order.
In the event of delivery to a relay point, the storage and recovery arrangements will be those of the carrier.
The Buyer must check the condition of the packaging of the goods upon delivery and report any damage to HABEEBEE ( hello@habeebee.be ) within 24 hours of receiving the delivery. Any claim made after this period will be rejected and HABEEBEE will be released from any liability.
In the event of an anomaly concerning the package or the Product(s), and after having reported it to HABEEBEE within the period mentioned above,
The Buyer must return it(them) in its(their) original packaging and condition according to the conditions of article 4 "Right of withdrawal" defined below and within fourteen (14) days from receipt of the order. This return must be accompanied by the document to be printed via the Site following the completion of the return form.

Article 4. Right of withdrawal
The Buyer has a period of fourteen (14) clear days to inform HABEEBEE of his/her wish to withdraw. This period runs from the day of receipt of the order. The Buyer, to exercise this right of withdrawal, must within this period inform HABEEBEE of his/her decision to withdraw by mail, by communicating the withdrawal form available HERE to the email address hello@habeebee.be

The Buyer must then return, at his/her own expense, the Product(s) in its/their original packaging, at the latest within fourteen (14) days following the communication of his/her decision to withdraw, to the following address: Chaussée de la Hulpe 330, Watermael-Boitsfort, 1170, Belgium

When the period of fourteen (14) days expires on a Saturday, Sunday or public holiday, it is extended until the first following working day.

You have the right to try and inspect your purchase to discover its characteristics and check its proper functioning. Just as if you were in a real store, no more, no less. Thus, for reasons of hygiene and health, Products that have been opened or consumed by the Buyer after delivery will not be subject to a right of withdrawal and therefore a refund.

If the above conditions are met, HABEEBEE will reimburse the Buyer for all amounts paid by the Buyer as soon as possible, including delivery costs, with the exception of return costs which remain the responsibility of the Buyer. HABEEBEE reserves the right to defer reimbursement until recovery of the Product(s).

In the context of a transaction with a professional concerning personalized products, the latter cannot exercise the right of withdrawal.

4. Warranty

4.1. Buyer acting for professional purposes:
The products will be deemed to be approved by the buyer five calendar days at the latest after delivery, unless he notifies us of a specific and detailed complaint before the expiry of this period by registered letter.
The approval will cover all apparent defects, that is to say all those which it was possible for the buyer to detect at the time of delivery or within five calendar days following a careful and serious inspection.

We guarantee the products we sell against hidden defects for a period of 6 months from delivery. This guarantee is subject to the following conditions.
The guarantee can only be implemented if the following conditions are met:

• The defect renders the product, to a significant extent, unfit for the use for which it is usually intended or for a special use expressly mentioned in the special conditions of sale;
• The product has been assembled and placed appropriately;
• The product is used under normal conditions;
  
• The warranty will not apply in particular if the maintenance and use instructions provided upon delivery have not been followed, or in the event of modification, disassembly or repair by a person who is not professionally qualified.
  
• To be able to invoke the benefit of the guarantee, the buyer must notify us of any claim relating to hidden defects by registered letter within a maximum period of one month after he has noticed or should normally have noticed the defects.
  
• Our warranty is limited, at our discretion, to the free repair or replacement of defective goods. Under no circumstances will these be refunded. The buyer must return the defective device to our premises at his own expense and risk so that it can be repaired or replaced. We will bear the cost of returning the device to our premises and the cost of returning it to the buyer if the device to which the warranty applies turns out to be actually defective.

4.2. Buyer acting for non-professional purposes:
The buyer benefits from legal rights relating to consumer protection in the event of the sale of consumer goods.
In accordance with Article 1649quater of the Civil Code, the seller is liable to the consumer for any lack of conformity that exists at the time of delivery of the goods and that appears within two years of this. The legal guarantee therefore begins to run from the delivery of the goods to the consumer:

• If the defect appears within the first six months, it is presumed to have existed since delivery.
• The seller must prove otherwise in the event of a disagreement;
• If the defect appears more than six months after delivery, the consumer is required to prove the existence of the non-conformity at the time of delivery.

The buyer is required to inform the seller of the defect as soon as possible. The contract may provide for a specific period for reporting a defect to the seller, which may not be less than two months. The commercial guarantee applies without prejudice to these rights.
The original invoice must be presented when requesting a warranty intervention in order to verify that HABEEBEE is indeed the final seller of the product. The warranty is no longer applicable if the serial numbers do not match, if any seals have been broken, damaged or moved. The customer is also requested that the equipment for which he wishes to see the warranty applied be presented in its original packaging, complete with all its accessories.

Article 5. Liability

5.1 HABEEBEE cannot be held responsible for any damage whatsoever, direct or indirect, resulting from the use of the item sold.

5.2 HABEEBEE is in no way responsible for interruptions in access to its site and the consequences that may result.

5.3 HABEEBEE can never be held responsible for any damage or temporary or permanent incident that may be caused to the user's data or computer equipment when accessing the site or visiting its pages or generally during the transmission to their receiving device of the files and software that make up the site. In particular, SENZ is not responsible for the possible transmission of viruses through its site.

Article 6. Distribution

6.1 Any resale of HABEEBEE products outside of a B2B contract is prohibited.

6.2 HABEEBEE reserves the right to refuse orders made by professionals for any reason whatsoever.

Article 7. Protection of privacy:

7.1. The seller is required to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR). The processing by the seller of personal data received by the buyer is for the purposes of executing this agreement, customer administration, with the buyer's consent, promoting the seller's products and services, establishing personalized information campaigns and direct marketing, including by email.

7.2. To learn more about the data we collect and how we process it, please refer to our privacy policy available on request or directly online.

Article 8. Evidence
Computer logs processed by SENZ computer systems are considered as valid means of proof between the parties (proof of orders, electronic communications, payments, etc.).

Article 9. Validity

9.1. The invalidity or inapplicability of one of the clauses of these general conditions cannot affect the validity or applicability of the other clauses. Where applicable, the parties undertake to replace the invalid or inapplicable clause with a valid clause which is the closest from an economic point of view to the invalid or inapplicable clause.

9.2. The fact that the seller does not avail himself of these general conditions of sale at a given time cannot be interpreted as a waiver of the right to avail himself of them subsequently.

Article 10. Applicable law - Competent jurisdiction
Sales of products by HABEEBEE Company are subject to Belgian law regardless of the Buyer's country of residence and the place where the Order was placed. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between HABEEBEE and the buyer, even in the event of multiple defendants, will, in the absence of an amicable agreement, be under the exclusive jurisdiction of the courts of the judicial district of Brussels.

Article 11. Complaint & Dispute

For any possible complaint, the customer can contact the Consumer Service directly:

Email: hello@habeebee.be

Tel.: +3227267688

Dissatisfied despite our efforts? Contact the independent services of the Ombudsman of Commerce, www.ombudsmanducommerce.be .

All disputes are subject to Belgian law. Only the Belgian courts have jurisdiction. The customer can also contact the European Commission's online ODR platform: https://ec.europa.eu/consumers/odr/