Terms and conditions of sale
Article 1 - Definitions
Hereinafter referred to as :
- " Site " : the site https://orcaretail.com/ and all of its pages.
- " Products " : the set of (tangible) products and (intangible) services that can be purchased or subscribed to on the site.
- " Company " : The person, legal or natural, responsible for the publication and content of the site, and presented in the site's legal notice.
- " User " : The Internet user visiting and using the site.
- " Customer " : The Internet user making a purchase of a product or service on the site.
Article 2 - Scope of application
These General Terms and Conditions of Sale (" GTC ") apply to any order placed on the https://orcaretail.com/ site by any customer. The site is operated by PENNEL & FLIPO SA, whose registered office is at Boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium and registered with the Banque-Carrefour des Entreprises under company number 0885940788.
These general terms and conditions apply without restriction or reservation to all sales concluded by the company with Customers of the same category, whatever clauses may appear in the Customer's documents, and in particular its general terms and conditions of purchase.
In accordance with the regulations in force, these General Terms and Conditions of Sale are systematically communicated to Customers who request them, to enable them to place an order with the company.
Any order for Products implies, on the part of the Customer, acceptance of these General Terms and Conditions of Sale and the general terms and conditions of use of the Company's website for electronic orders.
The information contained in the Company's catalogues, prospectuses and price lists is given for information only and may be revised at any time. The Company is entitled to make any changes it deems necessary.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the site from the time they are posted online and cannot be applied to transactions concluded previously.
Article 3 - Characteristics of the products offered
The products offered are those shown in the catalogue published on the site. These products are offered while stocks last. Each product is accompanied by a description drawn up by the company based on the descriptions provided by the company. The photographs of the products in the catalogue reflect a faithful image of the products on offer but are not contractually binding insofar as they cannot ensure perfect similarity with the physical products. Customer service for this site can be reached by e-mail at the following address : retail@orca.eu or by post at the address given in the legal notice, in which case the company undertakes to provide a reply within 14 days.
The Products presented on the site are offered for sale for the following territories : Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
Not eligible: Greece, Malta, Cyprus.
In the event of an order to a country other than Belgium, the Professional Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. The Customer will be solely responsible for them.
Article 4 - Prices
The products are supplied at the Company's prices in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Customer. These prices are firm and non-revisable during their period of validity, as indicated by the Company.
These prices are expressed in Euros, exclusive of tax (excluding VAT), ex-works and packaging not included. They do not include the cost of cutting, transport, customs duties, VAT and insurance, which are the responsibility of the Customer.
Transport costs payable by the Customer vary according to the weight of the parcel(s), for more information consult the delivery price table (link to weight/delivery price table).
Special pricing conditions may be applied depending on the specific features requested by the Customer concerning, in particular, delivery terms and deadlines, or payment deadlines and conditions. The Company will then send the Customer a special commercial offer.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Company reserving the right, outside this period of validity, to change prices at any time.
In the event of a price error, if the price was clearly derisory in relation to the actual value of the Product, the Company reserves the right to cancel the order.
Possible specific orders from the Customer may be considered. If necessary, they will be the subject of a prior estimate accepted by the latter. Quotations drawn up by the company are valid for 30 days, from their date of issue.
An invoice is drawn up by the Company and given to the Customer upon delivery of the Products ordered.
Article 5 - Online purchase terms
The following is defined as " Pantry " the immaterial object grouping together all the goods selected by the user of the site with a view to a purchase in, having clicked on these objects. Once the Internet user considers that they have selected and added to their basket all the items they wish to purchase, they will be able to validate their order by accessing their basket by clicking on the button provided for this purpose. They will then be redirected to a summary page where they will be informed of the number and characteristics of the products ordered, as well as their unit price.
If they wish to validate their order, Internet users must tick the box relating to ratification of these general terms and conditions of sale and click on the validation button. Internet users will then be redirected to a page where they will have to fill in the order form fields. In the latter case, he/she will have to provide a certain amount of personal information about him/herself, which is necessary for the order to be processed correctly. The information provided by the Customer when placing an order is binding. In the event of an error or incompleteness in the recipient's details, the company cannot be held responsible for the non-receipt or pending receipt of a parcel, nor for the final quality of the delivery.
Once the Internet user has completed the form, they will then be invited to make their payment using the payment methods listed in the section of these general terms and conditions relating to payments. After a few moments, the Internet user will receive an order confirmation e-mail, reminding him/her of the contents of the order and its price. The products and articles sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.
Any changes requested by the Customer may only be taken into account, within the limits of the Company's possibilities and at its sole discretion, if they are notified in writing at the time of ordering the Products ordered, and with the signing by the Customer of a specific order form and possible price adjustment.
Article 6 - Terms of payment
The price is payable in cash, in full on the day the order is placed by the Customer, by means of secure payment by bank cards: Bank Card, Visa, MasterCard, American Express, other bank cards.
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request that the payment be cancelled and the corresponding sums returned.
Payment data is exchanged in encrypted mode using the TLS 1 protocol.2 and more recent versions of the TLS protocol.
The data recorded by the Company constitutes proof of all transactions between the Company and its customers. The contract is archived in electronic form. The data recorded by the secure payment system constitutes proof of the financial transactions.
Article 7 - Shipping and delivery time
The Products acquired by the Customer will be delivered within a maximum of 96 working hours from receipt by the Company of the order form and net payment for the order.
The Company shall in no event be liable in the event of delay or suspension of delivery attributable to the Customer or in the event of force majeure.
Delivery will be made to the address indicated by the Customer by delivery to the Company's premises, to a shipper or carrier, with the products travelling at the Customer's risk.
Delivery and handover of the Products may take place at any other place designated by the Customer, subject to the Customer indicating the level of delivery prior to dispatch of the Products, at the Customer's exclusive expense.
Similarly, in the event of special requests from the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Company, the related costs will be subject to additional specific invoicing.
The Customer is required to check the apparent condition of the products upon delivery. In the absence of reservations expressly expressed by the Customer at the time of delivery, the Products delivered by the Supplier shall be deemed to conform in quantity and quality to the order.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Unless there is a particular case or one or more Products are unavailable, the Products ordered will be delivered in a single delivery.
The Company shall bear the risks of transport and shall be liable to reimburse the Non-Professional Client in the event of damage caused during transport.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the related costs will be the subject of additional specific invoicing, based on an estimate previously accepted in writing by the Customer.
Any Customer is required to check the condition of the products delivered. The Customer has a period of 15 days from delivery to express in writing (by post or e-mail) any reservations or complaints about the non-conformity or apparent defects of the Products delivered (for example, a damaged package that has already been opened, etc.)...), with all supporting documents (including photos). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect and no claim will be validly accepted by the Company.
The Company will reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for by law and those provided for in these General Terms and Conditions of Sale (see Article 10 "Warranty for products purchased on this site").
Article 8 - Transfer of ownership and transfer of risks
The transfer of ownership of the Products, for the benefit of the Customer, will only take place after full payment of the price by the latter, and this regardless of the date of delivery of the said Products.
The transfer to the Professional Client of the risks of loss and deterioration will be made upon acceptance of the order form by the Company, materialising the agreement of the parties on the thing and on the price, independently of the transfer of ownership.
Whatever the date of the transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the non-professional Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
Article 9 - Right of withdrawal
In accordance with the legal provisions in force, the non-professional Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Company, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of communication of the decision to withdraw accompanied by notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions...) so that they can be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on the website (link), in which case an acknowledgement of receipt on a durable medium will be immediately sent to the Customer by the Company, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery costs will be reimbursed; the cost of returning the Product(s) will remain at the Customer's expense.
The refund will be made within 14 days of receipt by the Company of the products.
Article 10 - Guarantee for products purchased on this site
All items purchased on the present site benefit from the following legal guarantees provided by articles 1641 et seq. of the Civil Code :
All customer guarantee:
The seller is obliged to deliver a good in conformity with the contract and to answer for any defects in conformity existing during the delivery of the good. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product, and the seller is liable for any lack of conformity that becomes visible within two years of this date.
Where the defect appeared within 6 months of that date, the seller is presumed to have been present from the time of delivery of the goods. However, after this 6-month period, it will be up to the customer to prove that the defect existed when they took possession of the goods.
Guarantee for hidden defects:
The customer will be able to request the exercise of the warranty for latent defects if the defects presented did not appear at the time of purchase, predated the purchase (and therefore do not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either render the product unfit for the use for which it is intended, or diminish that use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price if he had known of the defect).
The products supplied by the seller on this site benefit, in addition to the legal guarantee which is, where applicable, always applicable to them, from a guarantee specific to the site and provided by PENNEL & FLIPO SA, under the following conditions : 5 years for fabrics and 12 months for products with a use-by date (DLUO).
Claims, requests for exchange or reimbursement for a non-compliant product must be made by post or by email to the addresses indicated in the site's legal notices. The cost of returning the goods shall be borne by the purchaser.
In the event of non-conformity of a delivered product, it may be returned to the seller who will exchange it. If it is not possible to exchange the product (obsolete product, out of stock, etc.), the customer will be refunded.) the purchaser will be reimbursed for the amount of their order on the card used for payment.
Article 11 - Customer service
For any information or questions, our Customer Service department is at your disposal:
- On the website:https://orcaretail.com
- By e-mail: retail@orca.eu
Article 11 - Intellectual property
The Company retains all industrial and intellectual property rights relating to the Products, photos and technical documentation which may not be communicated or executed without its written authorisation.
Article 12- Personal data
The personal data collected from Customers is subject to computer processing carried out by the Company. They are recorded in the Customer file and are essential for processing the order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the fulfilment of orders and any applicable guarantees.
The data controller is the Company. Access to personal data will be strictly limited to employees of the data controller who are authorised to process such data by virtue of their duties. The information collected may be communicated to third parties linked to the company by contract for the performance of sub-contracted tasks, without the Customer's authorisation being necessary.
In the performance of their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Company will not sell, rent, transfer or give access to third parties to the data without the Client's prior consent, unless it is obliged to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Buyer will be informed and guarantees taken in order to secure the data (e.g. adoption of standard protection clauses validated by the Data Protection Authority, adoption of a code of conduct, obtaining certification, etc.), and the Buyer will be informed of the nature of the transfer.) will be specified.
In accordance with the applicable regulations, the Customer has a right of access, rectification, deletion, and portability of the data concerning him or her, as well as the right to object to the processing on legitimate grounds, which rights may be exercised by contacting the data controller at the following postal or email address: Boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium or dpo@orca.eu.
In the event of a complaint, the Customer may lodge a complaint with the Data Protection Authority.
For more information: link Data protection policy.
Article 13 - Unforeseeability
In the event of a change in circumstances unforeseeable when the contract was concluded, the Party which has not agreed to assume a risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
Article 14 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein arises from an event of force majeure.
Article 15 - Framing of Terms
If any provision of the Terms and Conditions is held to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The general terms and conditions are not assignable, transferable or sub-licensable by the user. A printed version of the Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these terms and conditions shall be in the English or French language.
Article 16 - Applicable law and mediation
These general terms and conditions are subject to the application of Belgian law, unless a foreign mandatory provision applies. They may be modified at any time by the site publisher or its authorised representative. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to this site. The company undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.
With the exception of public policy provisions, any disputes that may arise in connection with the performance of these general terms and conditions may, before any legal action is taken, be submitted to the site editor for an amicable settlement. You are expressly reminded that requests for amicable settlement do not suspend the time limits for bringing legal action.
Any dispute arising from the interpretation and performance of these General Terms and Conditions of Sale shall fall within the exclusive jurisdiction of the Belgian courts and tribunals. Unless otherwise provided for by law, only the courts of the judicial districts of Hainaut are competent to hear disputes either between Customers and PENNEL & FLIPO SA.
Consumer mediation
In accordance with Book XVI of the Code of Economic Law, PENNEL & FLIPO SA offers its private customers, in the context of disputes that have not been resolved amicably, the Consumer Mediation Service, the contact details of which are as follows :
Mediation Service for consumers
Boulevard du Roi Albert II 8, 1000 Brussels
Tel. Fax : +32 2 702 52 20
Fax : + 32 2 808 71 29
Email : contact@mediationconsommateur.be
Site : https://mediationconsommateur.be
It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
Article 17 - Acceptance by the Customer
These general terms and conditions of sale, as well as the prices indicated on the site, are expressly agreed and accepted by the Customer, who declares and acknowledges having perfect knowledge of them, and waives, as a result, the right to rely on any contradictory document and, in particular, its own general terms and conditions of purchase.
