Relations between Salut! Ça va? SA and the person wishing to purchase via Le Cat Store (www.lechat.com/boutique) hereinafter referred to as the « Buyer » are subject to these Terms & Conditions that the « Buyer » accepts without reserve. The order validation by the « Buyer » is thus worth the acceptance of these Terms & Conditions.
These conditions relate exclusively to non-commercial individuals. The parties agree that their relations will be exclusively governed by this contract, excluding any conditions previously available on the site or an express written waiver agreed between the parties. If a condition is found to be lacking, it would be governed by the procedures in force in the e-commerce sector whose companies have headquarters in Belgium. Salut! Ça va? SA undertakes to comply with all the provisions of the Consumer Code relating to e-commerce.
Article 1 - Identification
Social reason: Salut ! Ça va ? SA
Trade name: Le Cat Store
Head office address: 4, Chemin du Champ Mahau, 1470 Bousval, Belgique
VAT: BE 0448 561 850
Phone: +32 (0)2 639 23 10
Fax : +32 (0)2 639 23 17
Article 2 - Application
These Terms & Conditions apply to all sales of articles presented on Le Cat Store or any other site using the same sales interface. Any order placed with Le Cat Store therefore entails full acceptance of these conditions. Only the « Buyer » is entitled hereof, including provisions relating to the guarantee. Salut! Ça va? SA may change these terms at any time without notice; the changes are applicable only to orders placed after the date of implementation. These Terms & Conditions are permanently accessible via the website www.lechat.com in computer formats for printing and / or downloading, so that the « Buyer » can proceed with their reproduction or their backup.
Article 3 - Articles
Article 3.1 - Prce
Prices are quoted in euros, including VAT and are valid as of the ordering date. They are subject to Belgian VAT, and any change to the rate of this tax will not be reflected in the price of articles presented on Le Cat Store on the date stipulated by law or regulation applicable. The final selling price to the individual will remain the same everywhere (but the distribution between the price excluding VAT and including VAT will vary according to the country’s added value).
The prices of the items can be changed at any time due to an introductory offer, promotions or sales. Only the price displayed in Le Cat Store prevails between the parties.
The displayed price does not include shipping fees.
Article 3.2 - Shipping fees
Shipping fees are indicated before the validation of the order by the « Buyer » and may vary according to the geographical area where the items must be delivered. These costs cannot be challenged by the « Buyer » since he has necessarily been made aware when paying for his order. In case of an order cancellation after its shipment Salut! Ça va? SA will not refund the shipping fees and will therefore deduct them from the reimbursement, which will occur within thirty (30) days of the cancellation.
Article 3.3 - Availability
Offers are valid upon presentation on Le Cat Store while stocks last unless otherwise stated. These offers are not binding and subject to purchase. However, the « Buyer » will be notified within 48 hours of the order, in case the article is unavailable. The « Buyer » will have an opportunity to cancel the order and i) to obtain reimbursement of the amounts paid within 30 days of their payment or ii) to proceed to an article exchange.
Article 3.4 - Conformity
The items offered for sale on Le Cat Store comply with the applicable standards in Belgium. Items such as photographs, texts, graphics and all the information and characteristics illustrating and / or accompanying articles on the online catalogue are not contractual and are subject to change at any time. Accordingly, Salut! Ça va? SA shall not incur any liability for any error or omission of those elements or in case of modification of the said elements by suppliers and / or manufacturers.
The key features of each product are described on the relevant pages of Le Cat Store, the « Buyer » thus acknowledges having consulted all the information about the item before purchasing it and that it is entirely consistent with his request.
Article 4 - Conclusion of the contract
In all cases, the sales contract is only deemed concluded when the consumer's account is debited (for debit cards) or as of the date when the bank transfer is done.
Article 4.1 - Order with payment obligation
The « Buyer » places his order with the obligation to pay Le Cat Store following the procedure indicated to him. The automatic registration systems on www.lechat.com are considered as proof of the nature, content and date of the order.
The confirmation by the « Buyer » of the online order with payment obligation constitutes an electronic signature which has the same legal value as a handwritten signature, between Salut! Ça va? SA and the « Buyer ».
The sale will be completed as soon as Salut! Ça va? SA has sent an e-mail confirmation of the order. The latter reserves the right not to confirm an order for any reason whatsoever, be it in particular to supply articles, to avoid a problem concerning the order (e.g.: order with abnormal quantities or amounts) or because of a foreseeable problem concerning the delivery to be carried out. Salut! Ça va? SA will inform the « Buyer » by e-mail. Any new order with payment obligation will only be taken into account after due payment by the « Buyer » of the amounts possibly owed in respect of its previous orders.
All orders with payment obligation, accepted and confirmed by the « Buyer » are irrevocable without prejudice to (i) your right of withdrawal stipulated in Article 6 and (ii) the right of Salut! Ça va? SA (a) not to proceed with an order made in and / or destined for a non-geographic region covered by the shipping service or (b) propose a similar article that the « Buyer » has the right to refuse without being liable for any expenses in case of backorder. In the latter two cases, the « Buyer » will be informed by e-mail.
Article 4.2 – Payment methods
To pay the order, the « Buyer » disposes of the payment methods indicated during the order. The « Buyer » must possess all necessary authorizations to use the payment method he chose during the validation of his order. He commits to ensure his solvency before ordering, failing to do so means that Salut! Ça va? SA will not proceed to the delivery of the items ordered.
Online payment allows the « Buyer » to pay the order via a bank server in a secure environment (https protocol and encryption key - OGONE). The order validated by the « Buyer » shall be considered final when the central bank payment has validated the transaction.
The « Buyer » is further advised that Salut! Ça va? SA may proceed to the analysis and /or verification of past orders to fight against fraud, and within it reserves the possibility to ask the consumer any evidence it deems useful.
Salut! Ça va? SA reserves the right to cancel or suspend any order and/or delivery; even if there is a payment authorisation issued by the relevant financial institutions, where the analysis and/or the checks would suggest that the said order is placed in fraud of a third party; particularly in cases of suspected fraud, computer problem, refusal to authorise credit card payment by the « Buyer’s » bank, existing commercial dispute with the « Buyer ».
The consumer’s bank details are therefore at no time in possession of Salut! Ça va? SA; preservation and maintenance of their integrity are therefore subject to the bank’s liability.
Regarding the payments made by Belgian residents, they will be definitively acquired by Salut! Ça va? SA at the end of the period of fourteen (14) days referred to in Article 8.
Salut! Ça va? SA can not be held responsible for the consequences in the event of embezzlement or of any use (fraudulent or otherwise) of any means of payment that would be made by a third party especially in case of interception of messages which would not have been detected by this analysis procedure and/or verification.
Article 5 – Shipping Terms
The items are delivered to the address indicated by the « Buyer » during online or offline ordering.
In case of erroneous or incomplete information that led to the carrier’s inability to make the delivery, Salut! Ça va? SA will contact the « Buyer » using the contact details given in the contact form (one of the purchasing steps). If this contact information is also incorrect, Salut! Ça va? SA will have no choice but to wait for the « Buyer » to resume contact with Salut! Ça va? SA using the contact information clearly mentioned on the site.
The « Buyer » shall check the state of the goods’ packaging upon delivery and report any damage to the carrier and to Salut! Ça va? SA.
In any case, the « Buyer » shall, in the event of apparent or hidden damage, notify by e-mail his complaint in the manner provided for in Article 14 of these Terms & Conditions.
If the « Buyer » should not receive his purchase in the month following the order, he must inform Salut! Ça va? SA by e-mail (firstname.lastname@example.org). In such circumstances, Salut! Ça va? SA is dependent of the deadlines imposed by the carriers with regards to the statement of loss and the item’s refund. These times may vary depending on the carrier. No consumer refund will therefore take place before the carrier has declared lost, at the conclusion of its investigation, the items ordered. As soon as the statement of loss has been made by the carrier, Salut! Ça va? SA will refund, exchange the item or send discount vouchers to the consumer.
Article 5.1 - Information
Article 5.2 - Delivery – Absence
Ordered items are left in the customer's mailbox if possible. If necessary, a notice is left so that the « Buyer » can recover his order at his neighbourhood’s post office. In case the « Buyer » refuses the delivery he/she will be refunded the amount of the order less any shipping fees incurred by the delivery as well as any increased costs caused by the refusal.
Article 5.3 - Delivery Times
The delivery times indicated on Le Cat Store are indicative. Possible delays do not entitle one to any kind of compensation.
Items not in stock and / or shipped outside of Belgium are subject to a longer shipping time indicated during the finalisation of the order. Within the framework of an international shipping, taxes and / or additional charges will be charged to the « Buyer » upon removal of the article.
Article 6 - Right of Withdrawal
In accordance with Articles 47-53 of Book VI « Pratiques du marché et protection du consommateur » du Code de droit économique (CDE), the « Buyer » has the right to notify Salut! Ça va? SA, by e-mail to the address email@example.com
that he renounces to the purchase, without penalty and without any reason necessary, within fourteen (14) calendar days following the day of delivery of the items. To do so, the consumer can use the withdrawal form.
The goods must be returned at the « Buyer’s » expense within the same timeframe, in their original packaging, undamaged, accompanied by all their accessories and a (copy) of the invoice / delivery document to: Salut! Ça va? SA - 87, rue Elise, 1050 Brussels, Belgium.
Subject to compliance with the above provisions, Salut! Ça va? SA will refund the items ordered for the amounts on the order, excluding shipping fees, within 14 days (Salut! Ça va? SA may withhold the reimbursement until asset recovery, or until the consumer has supplied evidence of having sent back the goods, whichever is the earliest of these facts) following which it is informed of the consumer's decision to withdraw from the contract in accordance with Article 49 of Book VI « Pratiques du marché et protection du consommateur » du Code de droit économique (CDE).
No refund will be made if the items are not perfectly intact.
The « Buyer » can no longer exercise its right to withdrawal upon the occurrence of one of the cases referred to in Article 53 of Book VI « Pratiques du marché et protection du consommateur » du Code de droit économique (CDE). Under these conditions, the item in question will neither be returned nor exchanged, the re-shipping fees are borne by the « Buyer ».
Article 7 - Returns
Transport risks are entirely the responsibility of the sender, so it belongs to him to carry out all procedures regarding a safe delivery, including by ensuring its shipment. Return costs are entirely borne by the sender, except in the case where the return is motivated by an error made by Salut! Ça va? SA in the preparation of the order.
Article 8 - Guaranties
In case of defective product the « Buyer » shall conduct to its return under the conditions set out in Article 7 of these Terms & Conditions. The damage caused by misuse of the product or by an external cause (such as non-compliance with washing conditions) does not give rise to a guarantee. Apart from the legal guarantees, Salut! Ça va? SA does not provide any additional contractual guarantee for items purchased online or offline.
Article 9 – Customer Service & Order Status
Our Customer Service can be contacted for more information or questions, as follows:
- Telephone : +32 (0)2 639 23 10 from Monday to Friday between 09h00 and 18h00 GMT +1
- Fax : +32 (0)2 639 23 17
- E-mail: firstname.lastname@example.org
- Courrier : 4, Chemin du Champ Mahau, 1470 Bousval, Belgium
Article 10 – Intellectual Property Rights
All elements of the site www.lechat.com including literary data, graphics, sound recordings, photographic and electronic data are the property of Salut! Ça va? SA and are protected by intellectual property rights.
Salut! Ça va? SA is the sole holder of the right to use the work of Philippe Geluck on the Web, to combine these elements with other content such as music, sound, voice-overs, titles or subtitles, drawings, photographs, etc. The presentation of the work and / or of its components on the Web and dissemination that follows (including banners and hyperlinks) are sovereignly defined by Salut! Ça va? SA. Subject to the exceptions listed exhaustively in the law of 30 June 1994 on copyright and related rights, any reproduction, adaptation or public communication of text, photographs or any other material posted on the website www.lechat.com is strictly prohibited without the express prior written permission of Salut! Ça va? SA.
Pursuant to Article 4 of the Law of 31 August 1998 transposing into Belgian law the European directive of 11 March 1996 on the legal protection of databases, any extraction of a qualitative or quantitative content of the online catalogue of the Le Cat Store is illegal.
Article 11 - Personal Details
The information and data concerning the « Buyer » is necessary for the management of the order and our trade relations. The « Buyer » agrees to not impersonate another person and not use a false name. The data is kept in the « Buyer’s » personal account. In addition, this data, once recorded, enables the « Buyer » to make future transactions faster.
The « Buyer’s » personal data is processed in accordance with the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, revised by the Law of 11 December 1998, which takes into account the European directives of 24 October 1995. This law states that the person or company that collects data, must have the consent of the data subject, that data must be accurate and must be collected for an accurate, clear and legal purpose.
Under the law, the « Buyer » has the right to view, delete, modify or correct his personal data. The consultation, deletion, change or correction by the « Buyer » can be done via the website www.lechat.com/boutique under « My Account » by sending an e-mail to email@example.com, or by postal mail to the following address: 4 Chemin du Champ Mahau, 1470 Bousval, Belgium.
Salut! Ça va? SA is committed to respecting your privacy by guaranteeing not to communicate to third parties (on a free or paid basis) the information collected in the course of commercial relations without your consent.
Article 12 – Indivisibility - Force majeure - Applicable law - Competent Courts
The reciprocal obligations of these terms may be suspended upon the occurrence of a fortuitous event or force majeure. Will be considered as such those usually retained by the jurisprudence of the Belgian Courts.
If any provision of these Terms & Conditions should be invalidated for any reason whatsoever, the parties agree that the other provisions shall remain fully applicable.
In case of dispute on the application of this Agreement, the Parties agree to apply the Belgian law regarding the substantive rules as the formal rules and give jurisdiction to the courts of the judicial district of Brussels. Any dispute will be subject to an attempted settlement.
Article 13 – Contract Amendment
These Terms & Conditions may be changed at any time. It is important for each customer to stay informed of any changes.
Any modification of these Terms & Conditions is opposable to the « Buyer » within 72 hours after they are posted online.
Article 14 – Complaints
Any claims relating to a purchase online or offline must, under penalty of being inadmissible, imperatively be made within the 48 hours after delivery of the order.
All claims must be sent by e-mail to the following address : firstname.lastname@example.org and include the order number, references of the article concerned and the specific reasons for dispute.
Article 15 – Responsibility
The « Buyer » is informed that the responsibility of Salut! Ça va? SA, whatever the nature of the injury, will in any event, be limited to the amount of the order.
In case of default, the responsibility of Salut! Ça va? SA cannot be held if the failure of the sale agreement or its improper performance is attributable either to the « Buyer » or to the unpredictable and insuperable third party unconnected with the sale, or to a case of force majeure.
Article 16 – Proof
Computer logs processed by computer systems of the site www.lechat.com are considered valid means of proof between the parties (proof of orders, electronic communications, payments,...).