General conditions

General Conditions

CHAGRIMM general conditions of sale

IDENTIFICATION OF THE PARTIES AND PURPOSE OF THESE CONDITIONS

The Chagrimm SRL (hereinafter referred to as "Chagrimm") has its registered office in Belgium at 5100 NANINNE, rue des Viaux 29D, and is registered with the ECB under company number BE0685.555.319.

Telephone: 0493 /320.322

Email: contact@chagrimm.be

Bank: CBC

IBAN BE97.7320.4540.5549

These general conditions of sale apply between the SRL Chagrimm and any person visiting or making a purchase on the website https://www.chagrimm.com (hereinafter the "Website").

Or, anyone booking an appointment via the website.

The parties agree that their relations are governed exclusively by these general conditions, to the exclusion of any other conditions.

KNOWLEDGE AND ACCEPTANCE OF THESE GENERAL CONDITIONS

The use of the Website and, where applicable, the purchase of a Product via the Website implies (s) the User / Customer's acceptance of these general conditions in accordance with what is indicated on the page home page of the Website. When creating a Customer account and during each order, the Customer is also invited to expressly confirm his acceptance of the general conditions (by checking the mandatory validation box "I have read the general conditions and accepts them ”). The general conditions are available for download in PDF format at any time on the Website.

These general conditions can be modified at any time by Chagrimm according to the evolution of the applicable rules and its own needs. The new conditions are applicable as soon as they are published on the Website. It is up to the User to check the applicable conditions during his visit or any order.

DEFINITIONS

Customer: any User who registers on the Website by creating an account and, where applicable, acquires a Product offered by Chagrimm.

Consumer: any Customer who acquires a Product for purposes that do not fall within the framework of a commercial, industrial, craft or liberal activity.

Training: any learning session as detailed on the Website and offered by Chagrimm to Professionals.

Product: any good offered for sale on the Website under the conditions and limits specified in the description which is linked to it.

Professional: any Customer who acquires a Product as part of an activity for which he pursues an economic goal in a sustainable manner.

Reseller: any Professional who has obtained prior approval from Chagrimm and who has entered into a partnership contract with Chagrimm with a view to offering customers services and related to Products, including the resale of Products.

Website: the website of the SRL Chagrimm, accessible under the URL https://www.chagrimm.com.

User: any natural or legal person who visits the Website.

GENERAL PROVISIONS APPLICABLE TO ALL USERS AND CUSTOMERS
Article 1. CREATION OF A CUSTOMER ACCOUNT

The purchase of a Product on the Website requires the creation of a Customer account and the Customer's prior adherence to these general conditions as well as to the Personal Data Protection Policy (hereinafter the “Policy data protection ').

During the registration process, the User is invited to provide their personal information and to choose a password. The User's registration is confirmed by an email containing the data provided by the User when registering as well as, in PDF format, a copy of these general conditions and the Privacy Policy.

The Customer connects to his account by means of a login and password which are personal to him. It is the Customer's responsibility to maintain the confidentiality of their access parameters and to control their use. If the Customer thinks that a third party is using his account without his authorization, he is required to immediately inform Chagrimm and request a reset on the basis of the new access parameters.

The Website is intended for adults. As legal guardians, parents are encouraged to control the use made by their minor children of the Internet. They are bound by any transaction carried out by them as well as by the use made of their means of payment.

Chagrimm reserves the right to proceed at any time and without prior warning to the closure of an account which it suspects of fraudulent use or abusive use.

Article 2. DESCRIPTION OF THE PRODUCT AND ORDER

The characteristics and price of each Product are detailed on the Website and are deemed to be known to the Customer at the time of the order. Any images or photographs illustrating the Products are only indicative of the general presentation of the goods.

Orders are only possible for Belgium, France and Luxembourg.

The Customer can only order a Product if he has identified himself beforehand and has confirmed having read and accepted these general conditions.

Once identified, the Customer selects the Products which he places in his shopping basket and expresses his willingness to place the order. When confirming the order, the Customer is invited to enter their delivery and billing details. The total amount of the order and the shipping costs are indicated to him.

The order is deemed final as soon as the Customer has validated his basket by clicking on "Confirm order with payment obligation" and subject to payment for the Product.

After validation of his order, the Customer is redirected transparently to the payment service site where he enters his payment parameters. Payment is then requested from the financial institution concerned. The Customer receives the result of the transaction which he can print and keep as proof.

After receipt of the order and payment, Chagrimm sends the Customer, within 24 hours, an order confirmation email with a summary thereof.

All the information provided by the Customer, when encoding the data inherent to his order, is binding on the latter. Charimm can in no way be held responsible for errors made by the Customer in the wording of the contact details of the recipient of the order (delivery address, billing address) and delivery delays, possible additional costs or the inability to deliver the items. Products ordered that these errors could generate.

In general and without necessary justification, Chagrimm reserves the right to refuse or cancel any order from a Customer, in particular in the event of a payment problem for the order concerned or a dispute relating to the payment of a previous order.

Article 3. PRICE AND DELIVERY COSTS

The price of the Product, expressed in euros, is specified in the description of the Product and does not include delivery costs. For Products delivered outside Belgium, the price indicated in the Product description does not include any taxes and customs charges applicable in the country of destination, and other import taxes, which may be payable when the delivery.

Chagrimm reserves the right to change the price of the Products at any time, but the Products are invoiced on the basis of the rates in effect at the time of order entry.

The price indicated in the order confirmation is the final price expressed inclusive of all taxes and including VAT (where applicable). This price includes the price of the Products as well as any administrative costs, handling costs, packaging costs, storage costs of the Products, transport costs and customs costs where applicable. All items not expressly mentioned are deemed to be excluded.

Sales without VAT to non-taxable persons are only possible to the extent that the supporting documents are produced beforehand.

Shipping costs include participation in handling, packaging and shipping costs. In principle, these costs vary depending on the geographical area, the number of Products and delivery methods, and may also, depending on the case, be billed at a flat rate. Shipping costs are invoiced for each shipment of Product (s).

Chagrimm reserves the right to apply for reimbursement of any additional costs linked to a Customer error in the encoding of the delivery address.

Article 4. TERMS OF PAYMENT

Payment for the order is made:

either by electronic payment (Bancontact, Maestro, Visa, Mastercard, Carte Bleue, etc.) or Paypal account at the time of the online conclusion of the contract via the services of Chagrimm providers (Paypal or Stripe);
or by bank transfer to the account n ° BE97732045405549 to be made within 72 hours from the order. Otherwise, the order is canceled;
or in cash when the order is collected at the Chagrimm point of sale.
Please note that your credit card will be debited immediately at the time of the transaction

Online payments are made on the basis of secure communication protocols, in accordance with customary online payment.

The receipt of payment by Chagrimm constitutes a condition precedent to the conclusion of the contract.

If payment is not accepted by the Chagrimm service provider, the order is refused, with no right to compensation for the Customer. The deadlines for sending the order are suspended pending payment.

Any bank charges linked to the payment are the responsibility of the Customer, the payment received by Chagrimm having to correspond exactly to the amount of the order.

The security of electronic fund transfers and the proper execution of payment orders in general are the sole responsibility of the financial organizations managing these transfers. Chagrimm cannot be held liable for any damage whatsoever resulting from an error, omission, breakdown, malfunction or wrongdoing which is not directly attributable to it. It is the Customer's responsibility to be aware of the general conditions and limitations of liability applicable to the payment services he uses, in particular when paying for an order placed via the Website.

Article 5. DELIVERY AND WITHDRAWAL

The Customer can collect his order at the Chagrimm point of sale within 5 working days from the notification by Chagrimm of the availability of the order.

Any order can also be delivered, at the Customer's choice, in Belgium, France and Luxembourg. Delivery of the ordered Product is made to the delivery address agreed with the Customer and as stated in the order confirmation. Upon receipt of payment, Chagrimm undertakes to have the ordered Products shipped to the Customer to the delivery address mentioned in the order and within the agreed delivery time, except in cases of force majeure.

The Products are delivered by postal services or by carrier.

In the event that a Product is out of stock, Chagrimm will either replace the missing Product with a similar Product, or issue a purchase voucher of a value equivalent to that of the missing Product to be used on a next order.

The delivery times mentioned on the Website are given for information only. Chagrimm declines all responsibility in the event of late delivery, and in particular in the event of force majeure, an unforeseeable and insurmountable fact of a third party to the contract or an act attributable to the Customer.

Upon receipt of the Products ordered, the Customer must check the condition of the Products delivered. In the event that one or more of the Product (s) ordered are missing or damaged, or in the event of a visible defect affecting the Product (s), the Customer must send a complaint to Chagrimm by registered mail to the address 5100 Naninne, rue des Viaux 29D, Belgium and no later than forty-eight (48) hours after delivery of the order, the time of signature of the acknowledgment of receipt of the order being authentic in this regard.

Complaints made to Chagrimm will be answered within 14 days from the date of receipt of the complaint. If a complaint requires a foreseeable longer processing time, Chagrimm will send a response within the period of 14 days acknowledging receipt and giving an indication of when the Customer can expect a more detailed response.

Article 6. RESPONSIBILITY

6.1. General arrangement

The Customer agrees to take all necessary measures to prevent a third party from using his account without his authorization. Any order placed on the Website using the Client's own login and password commits the latter vis-à-vis Chagrimm.

In the absence of an express provision to the contrary, all the obligations assumed by Chagrimm are obligations of means.

6.2. Availability and security of the Website

Chagrimm deploys its best efforts to provide Customers with a quality Website. Chagrimm cannot be held liable for all the inconveniences or technical problems inherent in the use of the Internet network or the Website, in particular a breakdown in service, a computer malfunction, a malicious external intrusion, the presence of a computer virus. or resulting from an event qualified as force majeure in accordance with case law.

The Customer is aware of the fact that a tool such as the Chagrimm website requires regular maintenance. Chagrimm can therefore under no circumstances be held responsible for any damage suffered by the Customer in the event of temporary unavailability of the Website due to maintenance operations.

Chagrimm can in no way be held responsible in the event of a connection problem or access to emails occurring during the ordering or receipt by the Customer of the Product ordered.

Chagrimm can in no way be held responsible in the event of fraudulent use of means of payment. Any damage suffered as a result of a payment system malfunction is the sole responsibility of the third-party provider who provides the payment solution to which the Customer is directed from the Website.

6.3. Product Description

Chagrimm takes the best care in drafting the description of the Products. However, the information published on the Website should be used with caution. Chagrimm cannot exclude possible errors in the description of the Products. The use of the information published on the Website must therefore be done with discernment, especially since this information cannot take into account the context of use of the Products (storage conditions, risk of allergy or skin reaction, …).

Consequently, Chagrimm cannot be held responsible for any damage related to the use of the Products based in whole or in part on the information published on the Website.

6.4. Limitation of Liability

Chagrimm declines all responsibility (i) in the event of indirect damage, including in particular any financial or commercial damage, loss of goodwill or savings, any commercial disturbance, any increase in costs and other overheads, loss of profit, loss of brand image ; (ii) in the event of insufficient collaboration by the Client in the performance of the contract or failure to fulfill its obligations under the contract; (iii) in the event of intervention by a third party on the disputed goods.

Chagrimm cannot be held liable in the following cases:

In the event of use of a Product that does not comply with the conditions and for the purposes provided for in the instructions for use;
In the event of use of a Product at a date later than the validity period mentioned on the Product;
In the event of an error in reading or interpreting the information contained in the instructions for use or on the Website;
In the event of a person's allergic or unusual reaction following the use of a Product.

Without prejudice to the other provisions of these general conditions, any liability of Chagrimm that may arise from the performance of the contract with the Customer is expressly limited to the price (in principal and excluding tax) of the order concerned.

Article 7. INTELLECTUAL PROPERTY

The Website, in its entirety (including all the elements that compose it, whether visual or sound, and whether it concerns in particular its architecture, its design, its interface, its databases, its name, domain name, etc.), is the exclusive property of Chagrimm.

It is strictly forbidden for the User or the Customer to reproduce or communicate all or part of the content of the Website, for any purpose whatsoever, except for private consultation for their own needs.

Any reference by hyperlink to the Chagrimm Website must be authorized in advance and must be implemented in such a way that the activation of the link causes the opening of a new browser window with display of the URL address of the Site. Chagrimm's web.

On the other hand, on any hypertext link returning to the site of Chagrimm and using the technique of framingou of in lining, is formally prohibited.

In all cases, any hyperlink, even previously authorized, must be removed at the simple request of Chagrimm.

Article 8. PROTECTION OF PRIVACY

Your personal data are processed in accordance with the Data Protection Policy available on the Website via the link ………………………………. The Data Protection Policy is deemed to be an integral part of these general conditions.

Article 9. FORCE MAJEURE

Force majeure is any unforeseeable and irresistible event, which is beyond the control of the parties, and which makes performance of the contract impossible under the conditions initially agreed between the parties.

In the event of force majeure, the obligations of the parties are suspended as long as the impossibility of performance of the contract persists. If this impossibility becomes definitive, the contract automatically ends.

Are considered as force majeure, in addition to those usually retained by case law, wars, embargoes, riots, acts of terrorism, sabotage, bad weather, storms, earthquakes, floods, destruction by lightning, epidemics, fires, explosions, destruction of machines, blockage of means of transport or supply, malfunction or interruptions of the electricity or telecommunications network, blockage of supply and supply of petroleum products, chemical alerts, governmental or legal restrictions, strikes, lockouts, occupations of premises, work stoppages and any other events beyond the express will of the parties preventing the normal performance of the contract .

Article 10. NULLITY

In the event that one of the clauses of this contract is null and void by a change in legislation, regulations or by a court decision, this can in no way affect the validity and compliance with these General Conditions of sale.

Article 11. DURATION

These conditions apply throughout the duration of the online availability of the Products and services offered by Chagrimm.

Article 12. SANCTION

In the event of non-compliance by the Client with these general conditions, Chagrimm may suspend access to the service, or even permanently close the Client's account in the event of repeated breach or serious breach.

Article 13. SUBCONTRACTING

If it considers it appropriate, Chagrimm is free to subcontract all or part of the tasks related to the services provided under these general conditions to third parties of its choice.

Article 14. LANGUAGE

The language proposed for the conclusion of the contract is: French.

Article 15. MISCELLANEOUS PROVISIONS

Unless there are contractual or legal provisions to the contrary, any transaction between Chagrimm and the user, not contested within one month of delivery, can no longer give rise to a complaint.

No act, behavior, tolerance or omission on the part of Chagrimm may be interpreted as a waiver, even partial, on its part of the strict and complete execution of the provisions of these general conditions.

In the event of invalidation, unenforceability or partial or total invalidity of one or other of the clauses of these conditions, the parties undertake to negotiate in good faith an agreement comprising terms allowing to produce an economic effect. equivalent to that of the provision in question. The parties further agree and in any case that the other provisions of these are in no way affected and therefore always remain in full force.

In the event of difficulty in the application of these general conditions, the Customer and Chagrimm reserve the right, before any legal action, to seek an amicable solution.

These general conditions are subject to Belgian law. In the event of a dispute, only the courts of the judicial district of NAMUR have jurisdiction, in addition to the court of the Client's domicile.

PROVISIONS SPECIFIC TO CONSUMERS

Article 16. RIGHT OF WITHDRAWAL

The Consumer has the right to notify Chagrimm that he / she renounces the purchase of the Product, without penalty and without giving any reason, within fourteen (14) calendar days from the day after delivery of the order.

To exercise his right of withdrawal, the Consumer must notify Chagrimm, before the expiry of the aforementioned period, of his decision to withdraw by means of:

either the model withdrawal form annexed to these conditions;
or an unambiguous statement sent by email to info@chagrimm.be
The Consumer returns, without undue delay and, at the latest within 14 days following the communication of his decision to withdraw, the new Products in their original packaging, accompanied by all possible accessories, to the following address: rue des Viaux 29D, 5100 Naninne, Belgium.

The return of the product (s) is the responsibility of the Consumer who assumes sole responsibility for any damage or loss during the return. The cost of returning the Product (s) is always the responsibility of the Consumer.

If the Consumer has validly exercised his right of withdrawal in writing within the aforementioned period of fourteen (14) calendar days, he will be reimbursed (free of charge) for the amount of the Product purchased within thirty (30) days, provided that he has not in the meantime made use of this Product.

Chagrimm will reimburse using the same means of payment as the one the Consumer has used for the initial transaction, unless the Consumer expressly agrees to use a different means. In any case, the reimbursement will not incur costs for the Consumer.

The Consumer may choose to replace his reimbursement with a credit note in the form of a voucher on his account to be used for his next order on the Website.

The Consumer does not however have the right to renounce his purchase, in accordance with article VI.53, 5 ° of the Code of Economic Law, when the Product has been unsealed by the Consumer and can no longer be returned for reasons of health or hygiene protection.

In the event of an abusive return, Chagrimm reserves the right to refuse a subsequent order.

Chagrimm will not give effect to the Consumer's right of withdrawal if the quantity of the Product (s) returned is less than the quantity provided for in the order and delivered, if the Products are opened and / or already consumed, if the Products or packaging are damaged, making them unsuitable for being put back on the market, if the Product (s) have not been stored under the conditions provided for on the packaging and / or the instructions for use.

Regarding appointment cancellations, if they are not notified at least 24 hours in advance, 50% of the treatment will be billed to you. In the event of non-payment, we send it to a collection company, additional costs will be added.

Article 17. LEGAL GUARANTEE

In the event of a lack of conformity existing at the time of delivery of a Product and which appears within two years from this, Chagrimm undertakes to replace the good in question, free of charge, unless this is impossible or disproportionate, in which case Chagrimm will make an adequate reduction in the price.

The Consumer is required to inform Chagrimm of the existence of a lack of conformity within two months from the day on which the Consumer notices the defect. This notification must be made by registered mail to the address 5100 Naninne, rue des Viaux 29D, Belgium.

PROVISIONS SPECIFIC TO PROFESSIONALS

Article 18. Commercial conditions applicable to Professionals

Professionals can benefit from special payment and discount conditions defined by Chagrimm, subject to a special agreement between the parties.

Article 20 Status of Authorized Reseller

Any Professional wishing to acquire Products in order to resell them to consumers can be approved by Chagrimm as a Reseller. This approval requires compliance with specific conditions and commitments defined in a partnership contract to be concluded with Chagrimm.

The special conditions and discounts applicable to a Reseller will be defined in the partnership contract that he has concluded with Chagrimm.

APPENDIX 1: STANDARD WITHDRAWAL FORM (in accordance with Book VI of the Code of Economic Law)

(Please complete and return this form only if you wish to withdraw from the contract)

- For the attention of the SRL Chagrimm whose registered office is established in Belgium at 5100 NANINNE, rue des Viaux 29D 0467 / 12.83.30 info@chagrimm.be

- I / We (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract relating to the reservation relating to the supply of the goods (*) / to the provision of the service (*) here- below:

Order number : ……………………………………………………………………………..

Item (s) (to be completed only if the Customer wishes to withdraw only for part of the reservations of goods / services covered by the contract):

…………………………………………………………………………………………………………………….

- Ordered on (*) / received on (*): ……………………………………………………………………………

- Name of Client (s): ……………………………………………………………………………………

- Address of the Client (s): ……………………………………………………………………………… ..

- Signature of the Client (s):

- Date:

(*) Delete the unnecessary mention.