General terms of use and sale
GENERAL INFORMATION
The website Les Filles du Baobab URL https://lesfillesdubaobab.com
(hereafter the “Platform”)
is an initiative of :
Les Filles du Baobab SRL
Avenue de La Floride 10
1180 Uccle
Belgium
Company number ( BCE/VAT ) : BE 0688.554.203
E-mail : info@lesfillesdubaobab.com
Telephone : +32 (0)478 76 74 75
(hereafter “Les Filles du Baobab SRL” or the “Seller”)
Photolanguage series (The « Baobab Cards »), texts and photos are the sole property of Véronique Schermant ©.
All rights reserved for all countries.
Registered with the SCAM n° M008652 (Belgium)
Illustrations by Sylvaine Jenny for Les Filles du Baobab ©.
This website belongs to the company Les Filles du Baobab SRL, which is the official publisher of this website.
Design and production of the website:
The “Les Filles du Baobab” website was created by the company Weeb (Belgium).
Management of the website:
Hosting and technical maintenance are provided by the company Weeb (Belgium).
The information:
Les Filles du Baobab takes great care to ensure the accuracy of the data contained on its website. If, however, the Internet user finds incorrect or erroneous information on the pages, he/she can report it by contacting Véronique Schermant using the contact form.
The texts, links and photos published on this website are for information purposes only and are not contractually binding.
Copyright:
This entire website is subject to Belgian and international legislation on copyright and intellectual property. All reproduction rights are reserved, including for downloadable documents and iconographic and photographic representations.
The reproduction of all or part of this website on an electronic or other medium of any kind is formally prohibited, unless expressly authorized by the responsible editor or his delegate.
The reproduction of texts on a paper medium is authorized subject to the following 3 conditions free distribution;
respect for the integrity of the documents reproduced (no modification or alteration);
clear and legible citation of the source in the following form: Source: website …).
For any other use of the texts, the responsible editor should be contacted beforehand.
Personal data:
The personal data collected on the website result from the voluntary communication of an e-mail address when submitting an e-mail message. The e-mail addresses collected in this way are only used to transmit the requested information. These e-mail addresses are not transferred or processed in any way other than that required for the operation of the site.
Photographic credits:
The images on the site are: direct property of Véronique Schermant
– under license of use
The reproduction of all or part of the photographs and illustrations is strictly forbidden without prior written authorisation.
GENERAL CONDITIONS OF USE
- Scope of application
The present general terms of use (hereinafter the “GTC”) apply to any visit or use of the Platform and its information by an Internet user (hereinafter the “User”).
By visiting or using the Platform, the User acknowledges that he/she has read these TOU and expressly accepts the rights and obligations set out therein.
The provisions of the GCU may exceptionally be waived by written agreement. These deviations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCU.
We reserve the right to change our GCU at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.
- Platform
2.1. Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer any guarantee of absolute operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice.
2.2 Content
Les Filles du Baobab SPRL largely determines the content of the Platform and takes great care with the information on the Platform. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, add to or delete the Platform and its contents at any time, without liability.
Les Filles du Baobab SPRL cannot offer an absolute guarantee regarding the quality of the information on the Platform. It is therefore possible that this information may not always be complete, accurate, sufficiently precise or up-to-date. Consequently, Les Filles du Baobab SPRL cannot be held liable for any direct or indirect damage that the User may suffer as a result of the information on the Platform.
If any of the contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as soon as possible by e-mail so that we can take appropriate measures.
Any downloading from the Platform is always at the User’s risk. Les Filles du Baobab SPRL cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the User’s computer system, which is entirely and exclusively the responsibility of the User.
- Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply that there is any relationship between Les Filles du Baobab SPRL and the external website or even that an implicit agreement exists with the content of these external websites.
Les Filles du Baobab SPRL has no control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he/she leaves the Platform. We cannot therefore be held liable for any subsequent damage.
- Intellectual property
The structure of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. which make it up or which are accessible via the Platform are the property of the publisher and are protected as such by the laws in force in respect of intellectual property.
Any representation, reproduction, adaptation or exploitation of the content, trademarks and services offered by the Platform, in whole or in part, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Except with prior written consent, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data on the Platform that would modify or be likely to modify its content or appearance.
- Personal data protection
The personal data provided by the User when visiting or using the Platform are collected and processed by Les Filles du Baobab SPRL exclusively for internal purposes. Les Filles du Baobab SPRL assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate clearly and transparently on this point.
Les Filles du Baobab SPRL undertakes to comply with the applicable legislation in this regard, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data and the European Regulation 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.
The User’s personal data is processed in accordance with the Privacy Policy available on the Platform.
- Applicable law and jurisdiction
These GCU are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where Les Filles du Baobab SPRL has its registered office.
- General provisions
Les Filles du Baobab SPRL reserves the right to modify, extend, delete, limit or interrupt the Platform and the associated services at any time, without prior notice, and without incurring any liability.
In the event of a breach of the GCU by the User, Les Filles du Baobab SPRL reserves the right to take appropriate sanctions and remedial measures. In particular, Les Filles du Baobab SPRL reserves the right to refuse the User any access to the Platform or to our services temporarily or permanently. These measures may be taken without giving any reason and without prior notice. They may not engage the responsibility of Les Filles du Baobab SPRL or give rise to any form of compensation.
The illegality or total or partial invalidity of a provision of our GCU will have no impact on the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
GENERAL TERMS AND CONDITIONS OF SALE
- Scope of application
These general terms and conditions of sale (hereinafter the “GTCS”) define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (hereinafter “Customer”).
The GTCS express the entirety of the parties’ obligations. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
In exceptional cases, the provisions of the GTCS may be waived insofar as such waivers have been agreed in writing. These derogations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTCS.
Les Filles du Baobab SPRL reserves the right to modify the GTCS from time to time. The modifications will be applicable as soon as they are published online for all purchases made after this date.
- Online shop
Through the Platform, the Seller provides the Customer with an online shop presenting the products or services sold, without the photographs having any contractual value.
The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Seller shall not be held liable for this.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online shop.
- Prices
The Seller reserves the right to change its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order shall apply, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which are indicated and invoiced in addition before the order is validated by the Customer.
The total amount of the order (including all taxes) and, where applicable, delivery costs is indicated before final validation of the order form.
- On-line orders
The Customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products or services.
In order for the order to be validated, the Customer must accept these GTCS by clicking in the indicated area.
The Customer must provide a valid e-mail address, billing information and, if applicable, a valid delivery address. Any exchange with the Seller may take place by means of this e-mail address.
In addition, the Customer shall choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer’s order in the event of non-payment, incorrect address or any other problem with the Customer’s account until the problem is resolved.
- Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order is received.
5.1 Payment
The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation is considered as a signature.
The Customer guarantees the Seller that he has the necessary authorisations to use this method of payment and acknowledges that the information given for this purpose is proof of his consent to the sale and to the payment of the sums due for the order.
The Seller has set up a procedure for checking orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In the event of refusal to authorise payment by credit card by the accredited organisations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Seller also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is in progress.
5.2 Confirmation
As soon as the Seller receives the confirmation of the purchase and the payment, he will send the Customer an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.
If a service or product is unavailable, the Seller will inform the Customer by e-mail as soon as possible in order to replace it or to cancel the order for this product and possibly to reimburse the related price, the rest of the order remaining firm and definitive.
- Proof
Communications, orders and payments between the Customer and the Seller may be proven by means of computerised records kept in the Seller’s computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
- Delivery
Delivery is only made after confirmation of payment by the Seller’s bank.
The products are delivered to the address indicated by the Customer on the online order form. Any additional costs arising from incomplete or erroneous information provided by the Customer shall be invoiced to the Customer. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
The delivery takes place, depending on the method chosen by the Customer, within the following time limits:
Standard delivery by postal service 2 to 3 working days
Delivery times are given as an indication. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery time exceeds thirty days from the order, the sales contract may be cancelled and the Customer reimbursed.
7.1 Verification of the order
Upon receipt of the products, the Customer or the recipient shall check the good condition of the product delivered or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
The verification shall be deemed to have been carried out as soon as the Customer or a person authorised by him has received the order without expressing any reservations.
Any reservations not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller from any liability towards the Customer.
7.2 Delivery error
In the event of a delivery error or non-conformity of the products in relation to the information on the order form, the Customer shall inform the Seller within three working days of the date of delivery.
Any complaint not made within the time limit set shall not be taken into account and shall release the Seller from any liability towards the Customer.
7.3 Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, in the following way
By postal service to the following address:
Les Filles du Baobab SRL
Avenue de La Floride 10
1180 Uccle
Belgium
Any claim or return not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller from any liability towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The cost of returning the product is at the Customer’s expense.
- Warranty
The Seller guarantees the conformity of the products or services with the contract in accordance with the law in force at the time of the conclusion of the contract.
8.1 Guarantee of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. However, if the product purchased was a second-hand item, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any case, no later than two months after the discovery of the defect.
- Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days of delivery of the goods or conclusion of the service contract.
After having communicated his decision to withdraw, the Customer has 14 days to return the goods.
Any withdrawal not made in accordance with the rules and time limits defined in this article shall not be taken into account and shall release the Seller from any liability towards the Customer.
The Customer may request reimbursement of the returned product, without penalty, with the exception of the return costs, which remain at the Customer’s expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
The Seller shall reimburse the Customer for all sums paid, including delivery costs, within 14 days of the recovery of the goods or the transmission of proof of shipment of these goods.
If the order concerns, in whole or in part, digital content not supplied on a physical medium, the Customer hereby agrees to forfeit, in respect of such digital content, his right of withdrawal in order to be delivered as soon as possible.
- Data protection
The Seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter’s personal data in accordance with the Privacy Policy available on the Platform.
- Force majeure
If the Seller is prevented, in whole or in part, from executing the order due to an unforeseen circumstance beyond his control, this shall be considered force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.
If the force majeure continues for more than 90 days without interruption, either party to the agreement shall have the right to unilaterally terminate the agreement by registered letter sent to the other party. The services already performed by the Seller shall nevertheless be invoiced to the Customer proportionally.
- Independence of clauses
The illegality or invalidity of any provision of these GTC shall not affect the validity and enforceability of the remaining provisions. The Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
- Applicable law and jurisdiction
These GTCS are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district of the Seller’s registered office.
