Terms and conditions

GENERAL TERMS AND CONDITIONS – E-Trading (Atelier Botanica)

Table of contents

Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article 5 – Conclusion of the agreement
Article 6 – Right of withdrawal
Article 7 – Obligations of the consumer during the withdrawal period
Article 8 – Exercise of the right of withdrawal and return costs
Article 9 – Reimbursement by the entrepreneur
Article 10 – Exceptions to the right of withdrawal
Article 11 – Prices
Article 12 – Conformity and legal guarantee
Article 13 – Delivery and execution
Article 14 – Continuing performance transactions (if applicable)
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Applicable law and competent court
Article 18 – Additional or deviating provisions
Article 19 – Out-of-court complaint procedure
Annex I – Model withdrawal form

Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement whereby the consumer acquires products/services related to a previous distance agreement, and which are delivered by E-Trading or a third party designated by E-Trading.
  2. Withdrawal period: the period within which the consumer can exercise their right of withdrawal.
  3. Consumer: any natural person acting for purposes outside their trade, business, craft, or professional activity.
  4. Day: calendar day.
  5. Digital content: data produced and delivered digitally.
  6. Continuing performance transaction / agreement: an agreement that provides for the repeated delivery of goods or services during a specific or indefinite period.
  7. Durable medium: any medium (including email) that allows information to be consulted unchanged at a later time.
  8. Right of withdrawal: the consumer’s right to cancel the distance agreement within the withdrawal period.
  9. Entrepreneur: E-Trading, as described in Article 2.
  10. Distance agreement: an agreement concluded via the webshop, without the physical presence of the entrepreneur and consumer, using electronic means of communication.
  11. Model withdrawal form: the European model form included as Annex I.
  12. Distance communication: any means by which an agreement can be concluded without simultaneous physical presence (e.g., webshop, email, telephone).

Article 2 – Identity of the entrepreneur

E-Trading
Nieuwlandstraat 2, 9120 Melsele, Belgium
VAT number: BE0829.591.510
Email: info@atelierbotanica.eu
Website: www.atelierbotanica.eu

Article 3 – Applicability

  1. These terms and conditions apply to every offer from E-Trading and to every purchase via the webshop.
  2. The terms and conditions are made available before the order is finalized.
  3. When an agreement is concluded electronically, the consumer can easily save or print these terms and conditions.
  4. If special conditions also apply in addition to these terms (e.g., for promotions), the consumer is always entitled to the provision that is most favorable to them.

Article 4 – The offer

  1. Temporary offers or specific conditions are clearly stated.
  2. E-Trading describes products as accurately as possible. Photos and descriptions are illustrative; small natural variations are possible.
  3. Obvious errors in the offer (e.g., typos) do not bind E-Trading.
  4. The offer contains sufficient information so that the consumer knows their rights and obligations before purchase.

Article 5 – Conclusion of the agreement

  1. The agreement is concluded as soon as the consumer accepts the offer and completes the ordering process.
  2. After ordering, the consumer receives a confirmation by email.
  3. E-Trading takes appropriate security measures for online transactions.
  4. E-Trading may refuse an order or impose additional conditions if there are valid reasons (e.g., suspicion of abuse or non-payment).
  5. Upon delivery, the consumer receives at least:
    • contact details for complaints,
    • information about the right of withdrawal or its exclusion,
    • price including taxes and any delivery costs,
    • payment and delivery method,
    • and if applicable: the model withdrawal form.

Article 6 – Right of withdrawal

  1. The consumer can withdraw from an online purchase within 14 days of receipt without giving reasons, unless a legal exception applies (see Article 10).
  2. The withdrawal period starts:
    • for a single product: the day after receipt;
    • for multiple products in one order: the day after receipt of the last product;
    • for partial shipments: the day after receipt of the last part;
    • for repeated deliveries: the day after receipt of the first delivery.

Article 7 – Obligations of the consumer during the withdrawal period

  1. The consumer shall handle the product with care and only open/consume it to the extent necessary to assess it as they would in a physical store.
  2. Depreciation caused by use beyond what is necessary may be charged to the consumer.
  3. If E-Trading has not provided essential information about withdrawal, no depreciation can be charged.

Article 8 – Exercise of the right of withdrawal and return costs

  1. If the consumer wishes to withdraw, they must report this within 14 days via email or another clear statement.
  2. The product must be returned within 14 days of notification, in its original state and packaging, with all accessories.
  3. The risk of the return shipment lies with the consumer until the package is received by E-Trading.
  4. Return costs are for the consumer, unless E-Trading explicitly states otherwise.
  5. For services/digital content that have already started at the consumer’s request, a proportional cost may be charged for the part already performed.

Article 9 – Reimbursement by the entrepreneur

  1. E-Trading will refund all amounts received within 14 days of the withdrawal notification.
  2. E-Trading may wait to refund until the product has been received or until the consumer provides proof of shipment.
  3. Refunds are made via the same payment method, unless otherwise agreed.
  4. Extra costs for a delivery option more expensive than standard will not be refunded.

Article 10 – Exceptions to the right of withdrawal

The right of withdrawal does not apply to:

  1. Products that spoil quickly or have a limited shelf life (such as food products).
  2. Sealed food items that cannot be returned after opening for reasons of hygiene/food safety.

When a product falls under these exceptions, this will be clearly stated in the offer.

Article 11 – Prices

  1. Prices are always in euros and include VAT, unless otherwise stated.
  2. Price changes due to legal or fiscal adjustments may be implemented.
  3. Obvious price errors will lead to correction; the consumer can then cancel free of charge.

Article 12 – Conformity and legal guarantee

  1. E-Trading delivers products that comply with the agreement and with normal expectations of quality and usability.
  2. The consumer retains their legal guarantee rights in case of lack of conformity.
  3. Any extra guarantees never limit legal rights.

Article 13 – Delivery and execution

  1. Delivery takes place at the address provided by the consumer.
  2. Orders are processed as quickly as possible, at the latest within 30 days unless otherwise indicated.
  3. In case of delay, the consumer will be notified in time and may cancel free of charge.
  4. Risk of loss or damage lies with E-Trading until delivery.
  5. Shipping conditions (unless otherwise stated on the site):
    • free from €50.00
    • otherwise €5.95 shipping costs

Article 14 – Continuing performance transactions (if applicable)

  1. If E-Trading offers subscriptions/periodic deliveries, the consumer can terminate an agreement for an indefinite period with a maximum of 1 month’s notice.
  2. Temporary subscriptions end automatically unless the consumer renews in time.
  3. Tacit renewals never occur to the detriment of the consumer.

Article 15 – Payment

  1. Payment is made via the payment methods offered in the checkout.
  2. In case of late payment, E-Trading may charge legal interest and reasonable collection costs.
  3. Errors in payment details must be reported immediately by the consumer.

Article 16 – Complaints procedure

  1. Complaints should be reported as soon as possible, and preferably within 48 hours after discovery, via [your email] with a clear description and photos if possible.
  2. E-Trading will respond within 14 days.
  3. If more time is needed, the consumer will receive an acknowledgment of receipt with an indication of timing.

Article 17 – Applicable law and competent court

  1. All agreements are governed by Belgian law.
  2. Disputes fall under the jurisdiction of the courts of the district of E-Trading’s registered office, unless mandatory consumer law dictates otherwise.

Article 18 – Additional or deviating provisions

Deviations from these terms and conditions are only valid if confirmed in writing. They may never conflict with mandatory consumer legislation.

Article 19 – Out-of-court complaint procedure

  1. If the parties do not resolve the dispute mutually, the consumer can contact:
    • The Consumer Mediation Service (1000 Brussels, Koning Albert II-laan 8 bus 1)
    • or via the European Commission’s ODR platform:
      https://ec.europa.eu/odr

Annex I – Model withdrawal form

(Only complete and return this form if you wish to withdraw from the agreement and if withdrawal is legally applicable.)

To:
E-Trading (Atelier Botanica)
Nieuwlandstraat 2, 9120 Melsele
Email: info@atelierbotanica.eu

I/We* hereby give notice that I/we* withdraw from my/our* agreement regarding the sale of the following product/the following products*:

Ordered on*/received on*:

Name of consumer(s):
Address of consumer(s):

Signature of consumer(s) (only for paper submission):
Date:

* Delete as appropriate.

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