TERMS AND CONDITIONS - WWW.ECOPOON.BE

LEGAL INFORMATION

Pursuant to Articles III.74, III.76 and XIV.3 of the Code of Economic Law, the following legal information concerning the form, structure, organization and operation of the company is required:

1. Name: ECOPOON
2. Legal form: SA
3. Address: Rue de Nazareth 11D, 4651 Battice
4. E-mail address: info@ecopoon.be
5. Company number: 0765.556.959
6. Telephone number: +32 87 78 53 12
7. Business activity: Manufacture and sale of edible cutlery.
8. Insurance: Operating liability: AXA
9. Geographic coverage: unlimited

PREAMBLE

The Supplier is a producer of edible cutlery.

The customer certifies that he has the qualifications and authorizations required to distribute and market this type of product and has notified his company to an approved inspection body.

The customer is informed that as soon as the packaging or labeling is modified, he is considered as a preparer.

ART. I – GENERAL PROVISIONS

These general terms and conditions apply to all services provided by ECOPOON (hereinafter referred to as “the Supplier”).

The present general conditions apply to all – and only – sales made by the Customer from the Internet site (https://www.ecopoon.be/ ) to SA ECOPOON and cancel and replace all other general conditions and/or agreements between the Supplier and his customer, whether oral or written, concluded after or before the main contract concluded between the Supplier and his customer.

The primacy and exclusivity of these general terms and conditions is an essential element of the contract, which cannot be conceived without them, unless the parties expressly agree otherwise in writing.

Placing an order implies the Customer’s prior acceptance and correct understanding of these conditions. To express this acceptance, the Customer must tick a validation box and click on the “Validate my order” button. By taking these two actions, the Customer declares and acknowledges that he/she is fully aware of the present conditions and has accepted them in full and without reservation. The present terms and conditions specify in particular the terms of payment.

ART. II – CUSTOMER IDENTIFICATION AND REGISTRATION

To place an order, the Customer must first identify himself by filling in the registration form provided for this purpose.

The information provided by the Customer must be accurate and complete. The e-mail address entered in the form is considered to be a personal address to which all messages sent by the Supplier will be sent, and the Customer must therefore ensure that it is valid and up to date.

When registering on the website, the customer chooses an identifier and an associated password. All orders placed via the website by the Customer will be carried out using this identifier and password. Login and password are strictly personal and confidential. The Customer may not divulge them to a third party or transfer them. In any event, any order placed using this identifier and password will be deemed to have been placed by the Customer. The latter shall immediately inform the Supplier in writing of any use of its login and password made without its knowledge and of which it becomes aware.

At the end of the registration procedure, the Supplier will immediately send a message to the Customer confirming his registration request.

ART. III – OFFER AND ORDER

The customer may place an order online, from the online catalog and using the form provided therein, for any product, while stocks last. The Customer will be informed of any unavailability of the product ordered. In order for the order to be validated, the buyer must accept the present terms and conditions by clicking where indicated. The customer must also choose the delivery address and method, and finally validate the payment method. The sale will not be considered final until confirmation of acceptance of the order has been sent to the Customer by e-mail. This confirmation will only be issued once the Supplier has received the full price.

Any order implies acceptance of the prices and descriptions of the products available for sale. In certain cases, notably non-payment, incorrect address or other problem with the Customer’s account, the Supplier reserves the right to block the order until the problem has been resolved. For any question relating to the follow-up of an order, the Customer may contact SA ECOPOON by e-mail at info@ecopoon.be or via the contact form available on the Supplier’s website.

The Supplier assumes no liability for errors resulting from inaccurate, imprecise or incomplete data, the interpretation of the data communicated being assumed to be accepted by the Customer.

The Supplier’s commitment is valid only for the supplies described in the order confirmation.

Confirmed orders may not be cancelled without reimbursement of the costs incurred.

ART. IV – ELECTRONIC SIGNATURE

The online provision of the Customer’s credit card number and the final validation of the order shall constitute proof of the Customer’s agreement that the sums due under the purchase order are payable, and the signature and express acceptance of all operations carried out. In the event of fraudulent use of his bank card, the Customer is invited, as soon as he becomes aware of such use, to contact the Supplier on the following telephone number: +32 87 78 53 12, or by e-mail at the following address info@ecopoon.be or via the contact form available on the Supplier’s website.

ART. V – PROOF OF TRANSACTION

Computerized registers, kept in the Supplier’s computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the Parties. Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

ART. VI – PRODUCT INFORMATION

The products governed by these terms and conditions are those which appear on the Supplier’s website and which are indicated as sold and dispatched by the Supplier. They are offered while stocks last. The products are described and presented as accurately as possible. However, the Supplier cannot be held liable for any errors or omissions in this presentation. Product photographs are not contractual.

ART. VII – INFORMATION AND RIGHT OF WITHDRAWAL

Any claim and/or dispute by the Customer against the Supplier must be made upon receipt of the goods, it being understood that, in the case of a delivery, acceptance of the delivery constitutes conformity and approval of the goods sold.

As the Supplier’s services concern perishable products, it is clear that the products are delivered as quickly as possible, in accordance with the terms agreed with the Customer, bearing in mind that the parties agree that the order confirmation may not give rise to the exercise of any right of withdrawal.

ART. VIII – PRODUCT AVAILABILITY – REIMBURSEMENT – RESOLUTION

Except in cases of force majeure or when the online store is closed, which will be clearly announced on the home page of the site, shipping times will be, within the limits of available stocks, 5 to 10 working days from the day following that on which the purchaser placed his/her order. In the event of non-compliance with the agreed delivery date or deadline, the Customer shall, before terminating the contract, request the Supplier to perform within a reasonable additional period. If no performance has been made by the end of this new period, the Customer may freely terminate the contract by sending a registered letter to the Supplier. The contract will be considered terminated upon receipt by the Supplier of this letter, unless the Supplier has performed in the meantime.

In the event of unavailability of the product ordered, the Customer will be informed as soon as possible and will have the option of cancelling the order. He will then have the choice of requesting either a refund of the sums paid, or an exchange of the product.

ART. IX – PRICES

All prices are in euros and include VAT. The Supplier reserves the right to modify its prices at any time.

Unless otherwise stipulated, prices do not include delivery charges, which are invoiced in addition and indicated before the order is validated.

The customer is aware of the conditions of storage and the expiry date of supplies, and does not need to be reminded of them by the supplier on each delivery.

ART. X – PAYMENT TERMS AND DELAYS

This is an order with a payment obligation, which means that placing the order implies payment by the Customer. To pay for his order, the Customer has the choice of all the methods of payment made available by the Supplier and listed on the website. The Customer guarantees the Supplier that he has the necessary authorizations to use the method of payment chosen by him when validating the order form. The Supplier reserves the right to suspend all order processing and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment. In particular, the Supplier reserves the right to refuse to make a delivery or to honour 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. Payment must be made in full on the day the order is placed, using the following methods: – credit card – PayPal – cheque – bank transfer.

Production of an order does not begin until payment has been received.

ART. XI – DELIVERY TERMS

Unless otherwise agreed, deliveries are made to the place indicated on the order confirmation. Any parcel returned to the Supplier due to an incorrect or incomplete delivery address will be reshipped at the Customer’s expense.

The purchaser may, on request, have an invoice sent to the billing address and not to the delivery address.

Goods travel at the Customer’s risk (even if the Supplier takes charge of delivery and its organization), the transfer of risk taking effect as soon as the goods leave the Supplier’s premises.

The Customer must make his premises available for delivery. The time of delivery will be defined in advance with the Customer and confirmed when the order is validated.

The Supplier reserves the right to supply

ART. XII – DELIVERY TIMES

Unless expressly guaranteed on the order form, the delivery times mentioned in the special conditions are not binding.

The Supplier may only be held liable if the delay is significant and attributable to its gross negligence.

ART. XIII – DELIVERY LOCATIONS

Deliveries are made exclusively in Belgium.

ART. XIV – RETENTION OF TITLE

Delivered products and packaging remain the property of the supplier until full payment has been received.

ART. XV – AGREEMENT

The products delivered and their packaging are certified to comply with European and Belgian regulations. The customer agrees to abide by and comply with the applicable provisions without the Supplier being held liable for any failure by the customer to comply with such provisions.

Delivered goods are deemed to have been accepted by the customer no later than 12 hours after delivery, unless a precise and detailed complaint is notified by registered letter before the expiry of this period.

Approval will cover all apparent defects, i.e. all those which it was possible for the customer to detect at the time of delivery or within 12 hours of delivery by careful and serious inspection.

ART. XVI – GUARANTEE

Goods sold by the Supplier are guaranteed by the manufacturer against all manufacturing defects. The Supplier is only liable for latent defects unless it can demonstrate that the defect is undetectable.

To be able to invoke the benefit of the warranty, the customer must notify any claim relating to hidden defects by registered letter within a maximum of 12 hours after he has noticed the defects.

The Supplier’s liability is limited to the replacement of the damaged product, without the Supplier being liable for any reimbursement, indemnity or damages of any kind and for any reason whatsoever. In this case, the Supplier will replace the defective goods with an identical or similar product delivered free of charge, with the removal of the defective goods, to the exclusion of rescinding the sale of the non-defective goods.

The warranty does not apply to defects or damage resulting directly from or occurring within the scope of one of the following exclusions:

• Any negligence, handling error, improper use of the products or, more generally, faulty or clumsy use,
• Any intervention or modification carried out on the products by anyone other than the Supplier,
• Fire, water damage, air-conditioning accidents or faults, malicious damage, storms, consequences of storms or meteorological accidents,
• Transport damage.

ART. XVII- LIMITATION OF LIABILITY

The Supplier is insured against poisoning by AXA.

Its liability is limited to €2,500,000 per claim.

If the customer wishes to obtain additional coverage, an agreement must be reached prior to any intervention.

ART. XVIII – FORCE MAJEURE

The Supplier shall not be liable for non-performance of any of its obligations if it can be proved that such non-performance is due to an impediment beyond its control and that all reasonable steps have been taken to remedy the event constituting force majeure.

The Supplier is exonerated from all liability for as long as the reason of force majeure persists.

An event constituting force majeure authorizes the Supplier to suspend supplies and terminate the sale in whole or in part.

ART. XIX – INTELLECTUAL PROPERTY

ECOPOON owns all copyrights to the content of www.ecopoon.be. Non-exhaustively, brands, logos, texts, files, images, photographs, videos, domain names and all related distinctive signs are considered as intellectual works on which ECOPOON holds all intellectual and commercial property rights.

Any reproduction, disclosure, distribution, representation, translation, broadcasting, modification, transcription, partial or total for a use other than private is prohibited without the prior and express permission of ECOPOON.

Any infringement of the provisions of the present article constitutes an offence of counterfeiting and renders the perpetrator civilly and criminally liable.

ART. XX – PERSONAL DATA

In order to obtain the services ordered from the Supplier, the customer is free to provide the Supplier with the data necessary and minimal to process the request made to the Supplier (identity, telephone number, address, e-mail address, necessary measures, etc.). The customer therefore expressly acknowledges that the processing of his data is based on his consent to the processing of his personal data and is necessary for the performance of the contract concluded directly between him and the Supplier.

In this respect, the Supplier’s Privacy Statement, to which the customer agrees by signing these general terms and conditions, lists the categories of data processed by the Supplier, the purposes for which it is used, and the way in which personal data is processed. It also explains how customers can exercise their rights with regard to their personal data. The Privacy Statement can also be obtained by telephone (+32 87 78 53 12) or e-mail(info@ecopoon.be).

When processing customer data, the Supplier specifies that such data is confidential and will only be used for the purpose of executing the contract and its consequences. The customer shall have access to the personal data processed by the Supplier for the purpose, in particular, of rectifying erroneous data. It also has the right to ensure the deletion of data whose processing and storage are prohibited by law. Lastly, he or she has the right to prohibit the use of personal data concerning him or her which, in view of the processing, are considered incomplete or irrelevant, and to object to the processing of personal data concerning him or her for direct marketing purposes.

The customer declares that all information provided by him/her is correct and accurate.

ART. XXI – INVALIDITY OF ANY CLAUSE OF THESE TERMS AND CONDITIONS

The invalidity of any clause of these terms and conditions shall not affect the validity of the remaining clauses.

In this case, the parties undertake to negotiate in good faith the conclusion of a new clause which will pursue the same objective as the null clause and will have, as far as possible, equivalent effects, in order to re-establish the contractual balance.

ART. XXII – WAIVER

Any waiver of any right under these conditions shall be expressly evidenced in writing by the party waiving such right.

In particular, neither party may rely on any tacit or verbal waiver by the other party of any right arising from these terms and conditions.

ART. XXIII – APPLICABLE LAW AND COMPETENT COURTS

The relationship between the parties is governed by Belgian law.

The courts of the judicial district of Liège, Liège Division, are competent to hear any dispute.