General Sales Conditions
Article 1. Définitions
In this document the following words shall have the following meanings:
- “Buyer” means the organization or person who buys Goods from the Seller as a consumer in the sense of article I., 1, 2° of the Code of Economic Law ;
- “Goods” means the products offered on sale by the Seller as presented in the Website;
- “Order” means the action for the Buyer to accept these General Terms and Conditions by ticking the box “I have read and I accept the general conditions of sale”, select a Good on the order pager and validate the order process up to payment, according to the conditions set out in article 3.
- “Seller” means the Company Cinnamon Capital registered in Belgium (BE0543497433) with registered office located in Avenue Montjoie 63, 1180 Brussels, Belgium
- “Website” means the website https://siennafriends.com
Article 2. General
- 2.1. These Terms and Conditions are exclusively applicable to the online sale of Goods made to the consumers.
- 2.2. These Terms and Conditions govern all the online sales of Goods to Buyers as offered on the website https://siennafriends.com by the Seller.
- 2.3. Placing an order for Goods entails the Buyer’s full and unreserved adherence to these Terms and Conditions.
Article 3. Orders
- 3.1. The Order is placed with the Seller by the Buyer by selecting one or more Goods which, in accordance with the selection, the Buyer places in his “Cart”.
- 3.2. Before validating the Order, the Buyer shall expressly accept these Terms and Conditions by ticking the box “I agree to the general sales conditions and will adhere to them unconditionally”.
- 3.3. The Order is only validated after the Buyer provides the information mentioned on the website and required for the successful completion of the Order and pays for it.
- 3.4. The Buyer warrants the accuracy of all this information. Should all of part of the delivery addresses prove to be incorrect, thereby obliging the Seller to return the Goods to its warehouse, the Buyer shall bear the consequences thereof and the Seller shall be entitled to charge administrative and transportation costs associated with returning the Order.
- 3.5. In order to track the Order, the Buyer may contact the Seller’s customer service department at the following email address : [email protected]
Article 4. Product availability
- 4.1. The Order placed is subject to the availability of the Seller’s stock. In case of shortage of supply, the Seller shall inform the Buyer via email of the additional delay associated with a new production, partial delivery or cancellation of the Order.
- 4.2. In case of shortage of supply, the Seller cannot be held responsible for the physical impossibility of honoring the Order.
Article 5. Delivery and terms of delivery
- 5.1. The Goods are delivered to the delivery address indicated by the Buyer when placing the Order.
- 5.2. The delivery times indicated are average delivery times, provided for information only, and may vary according to the destination.
- 5.3. Should a dispute rise on delivery, any claim must be sent within 48 hours to the online sale department of https://siennafriends.com at the following email address : [email protected]
- 5.4. Delivery is made by the company Bpost in Belgium or by one of its logistic partner abroad. Failing deliveries indicated by the Buyer within 10 working days after the scheduled delivery date indicated by the Seller, the Buyer may cancel his Order by contacting the Seller at the following email address: [email protected] This cancellation shall not be possible when the Seller was prevented to make a delivery due to a case of force majeure and that the Buyer has been informed of it.
Article 6. Price and Payment
- 6.1. The prices are indicated on the website in Euros, including all taxes applicable in Belgium, processing and delivery costs.
- 6.2. The Seller shall be entitled to modify the prices from time to time. The Goods shall be charged at the rate in force when the Order was validated.
- 6.3. In the event of an Order to be sent to a country other than Belgium, customs duties or other local taxes (local VAT, custom tax, import duties etc) are likely to be payable. These duties are borne solely by the Buyer and are his full responsibility, both in terms of declarations and payment to the relevant authorities.
- 6.4. The Order shall be paid for by payment by card. The payments cards accepted are VISA, Master Card, Maestro, American Express. The Buyer’s account shall be debited immediately after acceptance of these Terms and Conditions and validation of the Order, when the confirmation mail is sent.
- 6.5. The Buyer warrants that he has the necessary rights to use his payment card and that he is fully authorized to use it to pay for the Order. He also warrants that this card givers access to sufficient funds corresponding to the amount of the Order.
- 6.6. The Seller provides a secure payment method. The Seller works for online payments with two well established companies, which have top of the notch securities solutions for online payments. These companies are Stripe and Paypall. Consequently, the Seller cannot be held liable for any fraudulent or improper use of the Buyer’s means of payment, over which it has no control.
Article 7. Returns and warranties
- 7.1. The Seller will only accept claims for return that relate to quantity, weight or specifications of the Goods or if the Goods are not conform to the Order.
- 7.2. Upon each delivery of Goods, the Buyer must immediately check that the delivery received complies with the Order placed.
- 7.3. The Seller ensures that the Goods delivered to the Buyer have a minimum of Shelf Life at the time of the delivery. The Buyer shall lose the right to rely on a non-conformity in the Goods if the Buyer fails to notify the defect before the end of the Shelf Life of the Goods.
- 7.4. Claims for return in connection with the quantity, weight or specifications must be made by e-mail to the following address: [email protected] within a maximum of 7 calendars days as from the delivery and shall include a full description of the alleged defects, in default of which any right to make a claim in these respects will lapse.
- 7.5. Claims for return relating to other relevant defects must be made within 2 calendar days as from the discovery of the defect and shall include a full description of the alleged defects. No claim in this respect can be made after a term of 6 months after the date of delivery.
- 7.6. Any claims made by the Buyer with regard to delivered Goods shall also be extinguished if:
- (i) the Goods have been processed or for some other reason are no longer identifiable as originating from the Seller;
- (ii) the defects were (partly) caused by normal wear and tear or by improper or incorrect handling use, storage or maintenance of Goods;
- (iii) the Buyer has not immediately given the Seller the opportunity to investigate the claim for return and to fulfil its obligations;
- (iv) the Buyer has failed to comply with an obligation resting upon it or has failed to comply with it properly or in time. 7.7. If non-compliance is proven and confirmed by the Seller, the Buyer may ask the Seller:
- (i) to have a Good delivered which complies to the one ordered (provided it is in stock)
- (ii) to have a Good of equivalent quality and value delivered (provided it is in stock)
- (iii) to be refunded for the price of the Good within 15 days of his claim.
- (iiii) to be entitled to a voucher of the value of the Good ordered to be spend on other products from the Seller.
Article 8. Liability
- 8.1. The Seller liability under these Terms and Conditions shall be limited to the fulfilment of the obligations described in the agreement.
- 8.2. The Seller is responsible for ensuring the Goods are safe and free from defects that may cause injury or death.
- 8.3. The Seller shall be never liable for indirect damages (loss of profits, consequential loss or any other indirect loss or damage)
- 8.4. To the extent permitted by law, the Seller is only liable for the direct damage caused by its gross negligence or wilful misconduct.
- 8.5. Neither is the Seller liable for the content of Websites on which hypertext links may direct away from its own Website.
Article 9. Use of the website and personal information
- 9.1. The use of the Website shall not confer any rights. All rights used or represented on the Website remain the Seller’s exclusive property and cannot be reproduced, disseminated, sold, marketed or used for other than personal purposes by the users, whether Buyers or not, without the prior and written agreement of the Seller.
- 9.2. Access to the Website is provided on an “as is” basis, accessible according to its availability and with no guarantee from the Seller. It shall be used at the user’s risk. The Seller does not warrant that (i) the Website, the content and the Goods offered shall fully meet the user’s expectations, the Website shall be uninterrupted and free from all errors, or that (iii) the Website shall not contain any viruses.
- 9.3. Computerized registries are kept in the Sellers’ IT systems under reasonable conditions of security as proof of communications, orders and payments made by the Buyer. The Seller shall take all steps to ensure the confidentiality of Internet exchanges and transactions.
- 9.4. The Buyer has the right to access, modify, amend and delete his personal data directly on the website or by sending an email to the Seller at the address [email protected] When the Order is placed and the Buyer provides his personal data, he is asked to give authorization:
- (i) if he wishes to receive information on the Seller’s Goods and newsletter;
- (ii) if he agrees to his data being shared with the Seller’s partners;
- (iii) for the purposes of the guaranteed secure payment on the Website.
- 9.5. Failing the Buyer’s express agreement by clicking on each of these items, the Seller agrees not to make such a use of it.
Article 10. Disputes; applicable law
- 10.1. The agreement between the parties shall be governed by the laws of Belgium.
- 10.2. Any disputes in connection with the agreement or any agreement arising out of, resulting from or relating to it shall, in the first instance, be submitted to the exclusive jurisdiction of Bruxelles.