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General terms and conditions
ARTICLE 1 – OBJECT –APPLICATION FIELD
The following general terms and conditions of sale contain the conditions of use of the following website: www.edoaria.com (hereafter “the Website”) and the general terms and conditions of sale of the products sold by Edoaria (hereafter “the Products”) to the Customer via the Website (hereafter “the Terms”).
Before using the Website, the Customer is requested to have carefully acknowledged the present Terms. By using the Website or by placing an order on this one, the Customer accepts, except certain evidence they can bring up, they are bound by these Conditions.
The present general terms and conditions are applicable to the entire contractual relations between Edoaria and their customers, hereafter referred to as “the Customers” or “the Customer.”
ARTICLE 2 – TRADE NAME – COORDINATES
The Products sale is carried out under the trade name “Edoaria” by Artegy SRL, whose registered office is located at Chemin de la Lemmetrie, 4053 Chaudfontaine (Belgium), registered at the Banque Carrefour for business under the number 1003 052 551.
The individual VAT number of Edoaria is BE1003052551.
The Customer can contact Edoaria, either at the address previously mentioned or via our website’s contact form or email contact[at]edoaria[dot]com. There is no call service desk at the moment.
ARTICLE 3 – ACCESS TO THE WEBSITE – REGISTRATION
Access to the Website homepage and its content is free without any beforehand registration required. The placing of an order for Products on the Website can be done either with a prior creation of an account on the Website, or as a guest, without the creation of an account required.
The creation of an account on the Website as a Customer implies the prior acknowledgment and acceptance without hold of the present Terms.
The Terms contain the terms of use of the Website and of the sale of the Products by Edoaria. Before validating the creation of their account, the Customer will be invited to confirm they have effectively taken knowledge of and accept them, unless they can provide otherwise.
Edoaria can, at any time, edit and adapt the present Terms in order to:
a) bring them into conformity with the legislative or regulatory provisions in force or in the process of adoption to which it is subjected to;
b) conform them to any decision rendered by a court of law or arbitration, or issued by any other competent authority and whose decisions are binding upon it;
c) correct any material mistakes.
The applicable Terms will be those in force at the time of use of the Website or at the conclusion of the Contract.
Without prejudice to the applicable legislative or regulatory rules, Edoaria will notify any modification and/or adaptation of the Terms, or of any other rule related to the use of the Website by means of a message addressed to the Clients via the Website and this, at the latest fifteen days before the effective date of the modification or adaption hereby mentioned.
This notification will be doubled, in the assumption that the adaption or the modification that Edoaria intends to operate would carry a substantial modification of the obligation of the Clients or would have a major impact on the modality of operation of the Website, of an email addressed to the Clients on the email address provided at the time of their registration.
The Client who doesn’t wish to grant their accord to the modifications operated remains free to request the suppression of their account on the Website by sending a request to this end via our website’s contact form.
ARTICLE 4 – OBLIGATIONS OF THE USERS/THE CUSTOMER
Any Customer and any user of the Website engage themselves:
in being of age or underage with parental authorization;
at the time of the creation of the account on the Website, in providing accurate information;
in creating and maintaining only one account on the Website;
in not using the Website and/or their account on the Website in a fraudulent manner or for fraudulent purposes;
in complying with the applicable legislation and regulation.
Any Customer and any user engage themselves in communicating and using data that is:
accurate, i.e., not misleading nor erroneous;
not contrary to the public order nor to morality;
free of any viruses, programs or computer files that could (i) disturb the normal operation of the Website, (ii) cause damages to the IT equipment of Edoaria, the other Customers, and the Internet users in general and therefore lead to damages to these people;
not offering links towards other Internet sites or applications that provide similar services to those offered by Edoaria.
The Customers will ensure the confidentiality of their ID and their password. They will constantly update the data regarding their account.
ARTICLE 5 – ACCESS RESTRICTION TO THE SITE
Edoaria reserves the right to deny access to all or part of the Website to any Internet user or Customer who, and without this list being exhaustive:
would contravene the present Terms;
would damage in one way or another the reputation of the Website, or of Edoaria;
would undermine the intellectual rights of third parties or of Edoaria;
would use the Website in illicit, offensive, racist, indecent, threatening, or fraudulent purposes.
Edoaria also reserves the right to take legal action against these same people and claim compensation for the prejudice caused to Edoaria on this occasion.
ARTICLE 6 – PRODUCTS AVAILABILITY
Any order of Products is subject to their availability.
If the Products are no longer in stock after the Customer has placed the order, Edoaria will inform the Customer as soon as possible and, if a payment has already been made, Edoaria will reimburse the Customer for this payment using the same method of payment that the Customer used to make the payment.
ARTICLE 7 – PRICE – PAYMENT
The prices are denominated in Euros, VAT included but excluding possible customs fees, which remain at the Customer’s cost. In this respect, the customer is required to inquire about the possible application of customs fees.
The prices are those stated on the Website in the descriptive sheet of each Product, except in the event of manifest error.
If Edoaria detects an error in the price of the Product(s) ordered, it will inform the Customer as quickly as possible and will offer either to confirm their order at the correct price or to cancel it. If Edoaria does not succeed in obtaining an answer from the Customer regarding the alternative proposed to them within eight calendar days, it will cancel the order and will proceed to the reimbursement of the amount paid.
The prices do not include the delivery costs. These are referred to in Article 9.
The payment methods offered on the Website are those set up by Mollie platform.
ARTICLE 8 – PLACEMENT OF AN ORDER
To place an order with the Products sold by Edoaria on the Website, the Customer must log in to the Website, select the Products they desire to purchase, and place them into their cart.
The Customer can then either log in to their account or log in as a guest to place the order.
The total amount of the order, including all taxes plus delivery fees, is shown in an order summary, and the Customer is then invited to confirm their willingness to pay the order in accordance with the means set up for this purpose and referred to in Article 7. They also must accept the present Terms.
Once the payment has been made, the Customer receives confirmation of their order by email along with a copy of the present Terms.
ARTICLE 9 – DELIVERY
After confirmation of the order by the Customer and subject to the integral payment of the price and the delivery fees, Edoaria will prepare the order.
For orders whose delivery address is located in Belgium, the delivery will be made in a maximum period of two business days from the date of the placement of the order to the delivery address indicated in the order.
The attention of the Customer is drawn to the fact that a temporary surplus of orders to be treated can generate a slight delay in the delivery.
For delivery addresses located outside of Belgium, delivery times vary depending on the delivery method chosen. All approximate times and delivery methods are accessible on the website via this link: DELIVERY.
Edoaria offers several modes of delivery, at the rates applicable at the time of the conclusion of the Contract.
These modes of delivery are the following: at home, in relay point (or pickup point/lockers depending on the delivery method chosen).
The delivery modes and their respective rates are accessible on the website via this link: DELIVERY.
Without prejudice to the provisions relating to the availability of the Products, Edoaria will do anything in its power to execute the order placed by the Customer within the period indicated above and, in any case, within a maximum period of thirty days starting from the confirmation date of the order.
If Edoaria is unable to respect the delivery date for any reason whatsoever, it will inform the Customer as soon as possible and will offer either to proceed to the execution of the Contract with a new delivery date, or to terminate the Contract and refund the amount paid by the Customer.
Edoaria proceeds to wrap the Products with care. The Customer is invited to make sure, at the time of delivery, that the order is intact and complete in the presence of the deliveryman in order to make reservations if need be. In the event that the Customer has a doubt concerning the intactness and completeness of the order, they are requested to refuse its delivery and to give back the refused order to the transporter in its original wrapping.
The “delivery” will be considered as carried out, or the order will be considered as “delivered,” when the Customer or a third party they would have appointed will be in possession of the Products, which will be evidenced by the signature of the acknowledgment receipt of the order at the delivery address agreed upon by the Customer.
Edoaria shall not be held responsible for any breach or delay in the execution of any of its obligations under these Conditions, if such breach or delay is due to a case of force majeure as defined by the jurisprudence of Belgian courts. The Company will notify the Customer of the occurrence of such an event as soon as possible.
ARTICLE 10 – RETRACTION RIGHT
In accordance with EU consumer protection laws and the Belgian Code of Economic Law, you have the right to withdraw from your purchase within 14 days of receiving the goods, without giving any reason. To exercise this right, you must inform us of your decision to withdraw by an unequivocal statement (e.g., a letter sent by post or an email) within the 14-day period.
You are responsible for the cost of returning the goods, and we recommend using a trackable shipping method.
The Customer benefits from the right of retraction, which is the possibility of returning any product to the seller, without having to justify their motive, within 14 days starting from the day when the order has been received by the Customer or by any third party they would have designated.
This right applies to the entirety of the order.
The Customer informs Edoaria of their decision to retract by sending them a message via our website’s contact form within the aforementioned delay. They will then send the Product to the delivery address specified by Edoaria at that time, at the latest 14 days after their decision to retract has been made.
Please note that the right of retraction does not apply to goods that are made to your specifications or are clearly personalized. This includes any items that have been custom-made, embroidered, or otherwise tailored to your specific requirements. In such cases, returns are not accepted unless the item is faulty or not as described.To initiate a return, please contact us via our website’s contact form.
The Customer can be held responsible in the event of the degradation of the Product they would have returned to Edoaria.
The Customer will be reimbursed, including the delivery costs, within 14 days from the receipt by Edoaria of the returned Product, using the same payment method as the one initially used by the Customer.
The reimbursement will be carried out as long as the Products have been returned intact and in their original packaging, without having been used or worn.
ARTICLE 11 – WARRANTY
The Products sold by Edoaria to the Customer benefit from the legal warranty of conformity, i.e., in accordance with the articles 1649 bis to 1649 octies of the Civil Code. This warranty covers any lack of conformity of the Products and any defect that could appear within two years starting from the date of their delivery.
Any defect covered by this warranty will allow the Customer to obtain either the repair of the Product, its exchange, or its reimbursement. The Customer will inform Edoaria of the defect by email within two months of the discovery of this defect. After this time period, the Customer will no longer benefit from the warranty.
The Customer will bear the cost of returning the Product to Edoaria. If the Customer fails to do so, Edoaria will deduct the amount of the return costs from the amount of the refund to be made to the Customer.
The present warranty does not apply to Products that have been damaged or worn due to misuse or abnormal use by the Customer.
ARTICLE 12 – RETENTION OF OWNERSHIP
The transfer of ownership of the Products ordered on the Website will take place once the total price of the order, including delivery fees, has been paid.
The Products remain the property of Edoaria until full payment of the purchase price by the Customer.
ARTICLE 13 – CONFIDENTIALITY AND PERSONAL DATA
The use of the Website is also subject to the Privacy Policy published on the Website, which details the terms and conditions of the processing of personal data of the Customers by Edoaria.
Edoaria collects and processes the personal data provided by the Customer when creating an account on the Website or when placing an order. The collected data is necessary for the proper execution of the contract concluded between Edoaria and the Customer and to manage and monitor the Customer’s orders and invoices.
In accordance with the applicable data protection regulations, the Customer has the right to access, rectify, erase, and object to the processing of their personal data, as well as the right to data portability. They can exercise these rights by sending a message via our website’s contact form.
ARTICLE 14 – INTELLECTUAL PROPERTY
The Website, its content, texts, brands, logos, and designs are the exclusive property of Edoaria or its partners and are protected by intellectual property rights.
The reproduction, representation, or adaptation of any content of the Website, in whole or in part, is strictly prohibited without the prior written consent of Edoaria.
ARTICLE 15 – APPLICABLE LAW – JURISDICTION
The present Terms are subject to Belgian law.
Any dispute that may arise in connection with the interpretation, validity, or execution of the Terms will be subject to the exclusive jurisdiction of the courts of Liège, Belgium.
ARTICLE 16 – FINAL PROVISIONS
The invalidity or unenforceability of any provision of the Terms shall not affect the validity or enforceability of the remaining provisions. If any provision of the Terms is found to be invalid or unenforceable, the provision in question shall be replaced by a valid and enforceable provision that comes closest to the original intention of the parties.
