Foreword
The sale of products present on the Taobé website of distance selling is only intended for the final consumers and to the retail. Taobé reserves the right to consider as null and void any Order that clearly does not correspond to a retail sale and, more generally, any fraudulent Order or presumed as such. Prior to its Order, the Purchaser declares that his purchases on Taobé’s distance selling site are strictly limited to personal use as well as not directly related to a professional activity.
Article 1 – Purpose
The purpose of these General Terms and Conditions of Sale (hereinafter “GTS”) is to notify any possible Buyer of the terms and conditions under which the seller (hereinafter “Taobé”) delivers the products ordered and, on the other hand, to define the rights and obligations of the Parties in connection with the sale of products by Taobé to the consumer (hereinafter referred to as “the Buyer”). These Terms apply to all sales of the products offered by Taobé, without restriction or reservation, on its Website accessible via Internet: www.taobe.boutique (hereafter and before the “Site”).
Consequently, the Order of a product sold on the Site realized by the Purchaser implies the full acceptance of the present General Terms and Conditions of Sale which the latter acknowledges having taken knowledge before the order is placed.
At any time, Taobé reserves the right to modify these GTS. However, the GTSs applicable to the Order are those accepted by the Purchaser at the time of execution of the Order.
These Terms are supplemented by the “Personal Data & Cookies” charter.
Article 2 – Identity of the Company
Name: Taobé SPRL
Address: Rue de la Villa Romaine 27
Postal Code: 6660
City: Nadrin
Country: Belgium
Venture N °: 0675.689.231
E-mail: info@taobe.boutique
Article 3 – Formation of contract and orders
3.1 Prices
The on-line products on the Site of Taobé will be sold at the prices indicated in euros and in effect at the time of the ordering by the Purchaser. Taobé reserves the right to modify the prices of its products present on the Site at any time. Nevertheless, Taobé undertakes to have this modification notified to the Purchaser prior to any Order.
The prices of the products displayed on the Site do not include shipping charges. These will be invoiced in addition to the price of the products purchased and will be indicated before the registration of the Order by the Purchaser. The various methods of shipment are provided below in the GTS and are recalled on the Site; They can be modified at any time by Taobé. For this reason, Taobé encourages buyers to consult the GTS on a regular basis.
The value-added tax (VAT), applicable on the day of the Order, is included in the price. Any change in the applicable VAT rate will automatically be reflected in the price of the products sold on the Taobé Website.
3.2 Characteristics of products
3.2.1 General Provisions
The Buyer may order one or more products from those offered on the Site. However, the assortment of products offered on the Site may be modified, in particular depending on the constraints linked to its suppliers, without prejudice to the Orders placed by the Buyer.
In accordance with Article VI.45 of the Code of Economic Law, the Purchaser may, prior to its Order, take cognizance, on the Site, of the main characteristics of the property or service.
The products comply with the Belgian legislation in force. Taobé cannot be held liable for non-compliance with the laws of the country in which the product will be delivered (eg in case of prohibition of a product …). The Buyer undertakes to verify with the local authorities of the country of delivery of the products the possibilities of importing or using the products and services which he plans to order.
The fact that the information inscribed on the product’s packaging is translated into all the languages of the European Union cannot be guaranteed by Taobé. However, this information is available at least in French and Dutch.
3.3 Availability
The offers presented on the Site of Taobé are valid as long as they are announced on the Site and within the limit of the available stocks.
Indications on the availability of the products are provided to the Buyer at the time of the execution of his Order.
In any case, and in the event of a total or partial unavailability of products after placing the Order, the Purchaser will be informed, as soon as possible and by e-mail, of the unavailability of the product and the total or partial cancellation of the order.
In case of total cancellation of the Order:
– The Purchaser’s Order will be automatically canceled, their bank account will not be debited or the refund of the said Order will be carried out as soon as possible.
– Taobé will contact the Purchaser to inform them of the cancellation of his Order and to propose to them to renew their Order, with the exception of the product not available.
In case of partial cancellation of the order:
– The Buyer’s Order will be validated and his bank account will be debited from the entire Order,
– The Buyer will be delivered products available,
– The Buyer will be reimbursed the price of the product ordered unavailable as soon as possible and, at the latest, within 30 days of the payment of the sums paid by them.
3.4 Ordering
Any Order constitutes acceptance of these GTS and the “Personal Data & Cookies” Charter, without prejudice to the specific contractual conditions agreed between the Parties.
The Purchaser has the possibility to verify the details of its draft order and to correct any errors before the order is placed.
From the moment the Buyer confirms his order by clicking on the icon “Order and pay”, the contract of distance sale is concluded. The Purchaser shall be deemed to have accepted the content and conditions of the Order in question and in particular these Terms and Conditions, the prices, volumes, characteristics, quantities and delivery times of the products offered for sale and ordered by The Purchaser, as well as the fact that its Order implies a payment obligation on its part.
Once this stage has been validated, the Buyer can no longer cancel their Order. The sale will be final (subject to the exercise by the Buyer of his right of withdrawal under the conditions stipulated in article 6 of the present GTS). The Order will be confirmed to the Purchaser by any appropriate means (the “Confirmation of Order”) and an e-mail will be sent to them during the dispatch of their Order.
Taobé will be entitled to receive the full price of the Order.
Taobé reserves the right to suspend or cancel any execution of an Order and / or a delivery in the event of non-payment or partial payment of any sum that would be due by the Buyer in case of payment incident, or in the event of fraud or attempted fraud relating to the use of the Taobé Site, including on previous orders.
Article 4 – Payment
The Purchaser has the possibility to pay their Order on the Site under the conditions mentioned below. The Buyer warrants to Taobé that they have the necessary authorization to use the method of settlement that they have chosen for their Order, at the time of registration of the Order.
4.1 Means of payment on the Site
4.1.1 Bank Cards
The bank cards accepted on the Site are: Visa, Bancontact, Master Card. These payment cards must be issued by a banking or financial institution located in the European Union or in Monaco.
4.1.2 Paypal
You must have a Paypal account to be able to use this mean of payment.
4.2 Terms of payment
Any Order involves payment. These Orders are only payable in euros, including all taxes and mandatory contributions. Any bank charges remain the responsibility of the Buyer (including in the case of a refund).
Penalties equal to the legal interest rate may, at Taobé’s discretion, be applied in full to the unpaid amounts after ten days from the date of the Order or upon notification of rejection of bank payment.
As a reminder, Taobé reserves the right to suspend or cancel any order and / or delivery, regardless of its nature and level of performance, in case of non-payment or partial payment of any amount that would be due to the Buyer, in case of payment incident, or in case of fraud or attempted fraud relating to the use of the Taobé Site, including on previous orders.
4.3 Security in payment transactions
In order to ensure the security of the payment by credit card on the Site, the Purchaser must send to Taobé the visual cryptogram (CVV) on the back of the bank card used by the Purchaser.
In the context of the fight against fraud on the Internet, information relating to the Buyer’s Order may be transmitted to any third party authorized by law or designated by Taobé for the sole purpose of verifying the identity of the Buyer, The validity of the Order, the method of payment used and the delivery envisaged.
Following this inspection, Taobé reserves the right to request a photocopy of the Buyer’s identity card and / or any information relating to the identity of the Buyer. Any Purchaser has the right to access, rectify and delete personal data concerning him / her and processed by Taobé, in accordance with the provisions of the “Personal Data & Cookies” charter.
Taobé uses a secure payment tool, called “Stripe”. The security of the payment is based on the authentication of the Purchaser, and on the confidentiality of the data. To ensure this security, Stripe uses proven cryptographic techniques and complies with the various banking regulations applicable in Belgium.
Article 5 – Delivery and Receipt
5.1 General rules
Products ordered by Buyer in accordance with these Terms and Conditions shall be delivered to the address specified by Buyer as the delivery address on the relevant Order (“Delivery Address”).
Taobé delivers exclusively in Belgium via Bpost.
5.2. Delivery Methods for Belgium
(i) Delivery to an address via Bpost
The parcel containing the products ordered and paid is deposited in the mailbox to the Delivery address indicated by the Purchaser.
In the event that the mailbox is insufficient, the parcel is delivered at home and delivered either to the Purchaser or the addressee of the Order or, at the discretion of Bpost, to another person, in particular any person working for them, residing with them, duly appointed by them, with a power of attorney or an identified third party.
If the recipient or the Buyer is absent during the delivery of the package (from Monday to Friday), the postman will deposit a non-delivery notice in the mailbox. The recipient may either pick up their package within 14 days (delivery day not included) in the post office or the Bpost pick-up point indicated on the notice, or request a second presentation on the date of their choice.
After this period, the parcel is returned to the sender. In this case, the Purchaser will be reimbursed the amount of the Order, delivery charges deducted, by any means, at Taobé’s discretion.
5.3 Irregularity, damage, damaged package
5.3.1 General provisions
The Purchaser or the recipient of the Order is requested to verify the apparent condition of the package and the products at the time of delivery.
In case of an abnormality concerning the package (damaged package, open package, trace of liquid, etc.) or the product(s) ordered (missing product(s), damaged product(s)), the Purchaser or the recipient of the Order must comply with the procedures described below (Articles 5.3.2 and 5.3.3 of these GTS) which correspond to the terms of the Order. Failure to comply with the appropriate procedure will preclude recourse against the carrier and Taobé. In this case, the Buyer will not be entitled to any reimbursement or claim that Taobé will deliver the ordered products again.
It is also possible for the Purchaser or the recipient of the Order to contact the Taobé Customer Service for information on how to return the damaged product(s). The procedure for the return of the damaged products, which will be indicated by the Customer Service of Taobé, will then have to be followed by the Buyer. Failing this, the Purchaser cannot claim any refund or exchange of the products in question.
5.3.2 Procedures that must be followed when the package or product (s) is damaged
In case of damage found on the package (open package, damaged package, trace of liquid on the box, etc.) or on a product, the Buyer must leave the package in the state in which it received it and contact directly our partner BPOST at 02/201.11.11 or service.centre@bpost.be and send a complaint to Taobé via orders@taobe.boutique
5.3.3 Procedure that must be followed in case of missing product
The Buyer or the recipient of the Order must report the absence of the product to the Customer Service of Taobé by email via orders@taobe.boutique. The Customer Service of Taobé may request any information relating to the identity of the Purchaser or the recipient of the Order and carry out any verification useful on this occasion.
5.4 Delivery times
(i) Delivery to an address via Bpost
At the time of the Order, the Buyer may decide the day of delivery of his package, which will be at least carried out within 2 working days after the validation of the Order. Taobé will do its utmost to meet the desired delivery date. However, since it depends essentially on Bpost, Taobé cannot be held liable for non-compliance with deadlines.
5.5 Rules applicable regardless of the country of delivery
In the event of exceeding the above-mentioned deadlines not due to force majeure, the Purchaser will have the possibility to cancel their Order under the following conditions:
– After a letter of formal notice has been sent to Taobé’s Customer Service to carry out the delivery within a reasonable period of time and if such notice has remained ineffective or,
– If the Purchaser proves that this delivery time was an essential condition for their Order.
The formal notice or the request for cancellation of the Order must be sent by registered letter with acknowledgment of receipt to the coordinates indicated in the “Contact us” section of Taobé’s website or by email.
In the event that Taobé’s investigation, the result of which will be authentic in the dispute concerned, would reveal a fault exclusively attributable to Taobé or the carrier, Taobé will reimburse all the sums paid by the Buyer and collected by Taobé under the Order in question, provided that the entire Order is returned by the Purchaser (the product must not have been opened, used, damaged and returned in its original packaging, accompanied by its accessories and its instructions) to Taobé. Reimbursement will be made in the form of assets or refunds at Buyer’s option, as soon as possible and no later than thirty days after the date on which the Buyer exercised their right to obtain the cancellation of their order.
In the opposite case, if the Order is not returned in full or if the investigation does not reveal any fault exclusively attributable to Taobé or the carrier, the Purchaser will not be entitled to the reimbursement of the sums paid by them or to a new delivery of the products ordered, unless it demonstrates, by any means, that it is not responsible.
Article 6 – Rights and withdrawal periods
In accordance with the law, the consumer has the right to notify the seller that they waives their purchase, without penalty and without reason, within 14 days from the date of receipt of the order.
The goods must be returned in their original packaging, accompanied by all their accessories and must not have been the object of any use other than that resulting from the manipulations necessary to establish the nature, the characteristics and the correct functioning of the product.
The seller reserves the right to make only a partial refund if it turns out that the property returned has been damaged or is incomplete.
However, the buyer is informed that in accordance with Art. VI.53. of the Code of Economic Law, “the consumer shall not exercise the right of withdrawal provided for in Article VI.47 for the supply of sealed goods which cannot be returned for reasons of health or hygiene and which have been unsealed by the consumer after delivery”. The Buyer is warned that he will not be able to assert his contractual right of withdrawal on the products sealed by the latter of which a new commercialization by Taobé would present risks for reasons of hygiene or protection of health for consumers (eg care products, make-up, etc.).
In summary, for return to be accepted in this case, the product must not have been used, opened, damaged and returned in its original packaging, with its accessories and instructions.
Name: Taobé SPRL
Address: Rue de la Villa Romaine 27
Postal Code: 6660
City: Nadrin
Country: Belgium
Venture N °: 0675.689.231
E-mail: info@taobe.boutique
In order for the withdrawal period to be respected, it is sufficient to transmit to Taobé the communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period.
The Buyer or the consignee shall return or return the property to Taobé without undue delay and in any case no later than 14 days after communicating the decision to retract these GTSs.
The Buyer or the recipient shall bear the costs of returning the goods in case of withdrawal.
Article 7 – Return Procedure
The Buyer will contact Taobé by e-mail via orders@taobe.boutique or registered letter specifying the order number. The Buyer may use, without obligation, the model of withdrawal form in Annex 1 of these GTSs.
The product(s) and the return voucher, which Buyer will receive by e-mail from Taobé, will be placed in the original delivery box with the inner protections so that the product cannot move nor be damaged.
The box must be sealed so that it cannot open.
The parcel must be returned to hereafter mentioned address:
Taobé
Rue de la Villa Romaine 27
B-6660 Nadrin
The refund of the returned product will then be made within 15 days after receipt of the package using the same means of payment as used for the initial transaction unless the Purchaser specifically agrees to a different means.
Article 8 – Guarantees
Taobé guarantees that the products and/or services meet the contract, the specifications mentioned in the offer, the reasonable requirements of good quality and/or efficiency and the legal provisions and/or prescriptions of the public authorities existing on the date of the fulfillment of the contract.
A regulation proposed by the contractor, manufacturer or importer as security does not invalidate the rights and claims that the consumer may claim under the law and/or the distance contract in the event of a breach by Contractor to its obligations.
Within the framework of the legal guarantee of conformity, we undertake:
– or to replace the product according to available stocks,
– or to refund the product price (against return of the product), or a part of the price of the product (if you keep the product).
Article 9 – Retention of title
Taobé retains full ownership of the products sold until full payment of the full price including fees, taxes and compulsory contributions.
Article 10 – Intellectual Property
The Taobé trademark, as well as all figurative and non-figurative marks and all illustrations, images and logotypes and any content appearing on the Site (including but not limited to the GTS) are and will remain the exclusive ownership of Taobé or the holder of the intellectual property rights concerned.
Any reproduction, modification or use of these marks, illustrations, images and logos, or any other content on the Site for any reason or on any medium without the prior written consent of Taobé or the owner of the rights of Intellectual Property is strictly prohibited. The same applies to all copyrights, designs, patents listed and/or used on the Site.
Article 11 – Signature and Evidence
Taobé works to protect the personal information of its customers by providing a high level of security, but the Buyer also has a role to play in the protection of his personal data. In particular, the Buyer must maintain the security of their transactions online, for example by not communicating their identifier (e-mail address of the Buyer) and/or their password and changing their password regularly. As such, Taobé cannot be held responsible for the disclosure of information concerning the Buyer to any individual who has used their identifier (e-mail address of the Buyer) and/or their password. As such, the use of the identifier (e-mail address of the Purchaser) and/or the password of the Purchaser will be proof of their identity, and due, upon validation of the Order, corresponding. In no event shall Taobé be held responsible for the fraudulent use of this information. The provision of the credit card number and the final validation of the Order will be proof of acceptance of the said Order and will be subject to the payment of the sums incurred by the seizure of the products appearing on the Order. Computerized records kept in the computer systems of Taobé will be considered as evidence of communications, orders and payments between the Parties.
The Parties agree that all data, information, files and any other digital elements exchanged between the Parties will constitute admissible, valid, enforceable and conclusive evidence of a private act.
The Parties undertake not to challenge the admissibility, validity, enforceability or evidentiary value of the elements of a given nature or electronic format on the basis of their electronic nature. In the absence of evidence to the contrary, such evidence shall be valid and enforceable between the Parties in the same manner, subject to the same force and effect as any document to be drawn up, received or retained in writing.
Article 12 – Complaints
For further information, Taobé’s Customer Service can be reached by email (orders@taobe.boutique).
Taobé has a sufficiently communicated complaint procedure and handles the complaint according to this procedure.
Complaints about the execution of the order must be filed with Taobé promptly, clearly and completely after finding the breaches by the Buyer.
Complaints filed with Taobé are replied to within 14 days of receipt of the complaints. If a complaint requires a predictably longer treatment period, Taobé responds with an acknowledgment of receipt within 14 days and indicates when the consumer can expect a more detailed response.
Article 13 – Liability
13.1 Capacity
The Buyer, prior to its Order, declares to have the full legal capacity, enabling him to commit under these GTS. Taobé can in no case be required to verify the legal capacity of its visitors and Buyers. Consequently, if a person lacking the legal capacity ordered articles on the Site of Taobé, their legal representatives (parents, guardians, in particular) would take full responsibility for their Order and should in particular honor the price.
13.2 Limitation of Liability
Taobé’s liability in respect of the obligations of these Terms and Conditions shall not arise in the event that the non-performance of its obligations is attributable to the act of a third party, even if it is foreseeable for the Buyer’s fault or the occurrence of an event of force majeure as defined by the Belgian courts or any other event that has not been reasonably under the exclusive control of Taobé. The information available on the Site is provided “as is” without warranty of any kind, either implied or explicit, including but not limited to integrity, accuracy, timeliness, non-infringement, reliability or completeness of the information, products, accessories or services appearing on the Site of Taobé or their suitability for the use that the Purchaser intends to make of them. Taobé is not responsible for any direct or indirect damage, whether foreseeable or not, causes and indirect, whether foreseeable or not, caused by the use of the site. In the event that Taobé’s liability was to be established and withheld on account of an injury suffered by the buyer and attributable exclusively to the placing of an order, it shall be limited to the amount of the order paid by the buyer to Taobé. Any claim filed by a user, including any Buyer, against Taobé must be made within one month of the occurrence of the event.
Article 14 – Informatics and Freedoms
Taobé takes care of your private life and, in this context, always acts in accordance with the provisions of the Belgian privacy legislation (Law of 8 December 1992 on the protection of personal data). The personal data communicated by the customer are therefore confidential and managed by the data controller.
These are only used in the processing of the client file and the execution of the order. The customer is informed that if they do not provide us with the exact data concerning them, this may hinder the smooth running of the order process.
For more information, please see our “Privacy and cookies“.
As provided by the Law on the Protection of Personal Data, you can always consult your personal data and correct them free of charge by contacting Taobé, whose contact details are mentioned in Article 2. The customer can also and at time oppose the processing of its data for purposes other than those of the proper management of the order.
Article 15 – Amendments
Taobé reserves the right to modify and update the General Conditions of Sale without prior notice. In order to be informed of any such changes, Taobé advises the Buyer and, in general, any user, to review the General Conditions of Sale and Privacy Policy of the Site regularly. The Order will be subject to the Terms and Conditions in effect at the time of the Order.
Article 16 – General
16.1 Partial non-validity
If one or more provisions of these Terms and Conditions are held to be invalid or declared to be invalid or unenforceable under a law, regulation or as a result of a final decision of a competent court, the remaining provisions shall retain their full force and scope.
16.2 Non-waiver
The fact that one of the parties does not rely on the other party for a breach of any of the obligations referred to in these GTS cannot be interpreted in the future as a waiver of the obligation in question.
16.3 Applicable Law and Jurisdiction
Sales of Taobé products are subject to Belgian law regardless of the country of residence of the Purchaser and the place of execution of the Order. Any dispute relating to the existence, interpretation, execution or termination of the contract concluded between Taobé and the Buyer, even in the event of a plurality of defendants, shall, in the absence of an amicable agreement, be exclusively within the jurisdiction of the Belgian Courts.
If another law were applicable on international law grounds, reference would be made in the interpretation of these general conditions to the Belgian legislation on market practices and consumer protection.
The buyer acting for private purposes has the possibility in case of dispute to submit an application to the following platform: http://ec.europa.eu/consumers/odr/index_en.htm
Information on Alternative Dispute Resolution can be obtained via the following link: http://www.mediationconsommateur.be/en
Nevertheless, we reserve the right to submit any litigation exclusively to courts and tribunals.
Annex 1
Books VI and XIV of the Code of Economic Law
MODEL OF RETRACTATION FORM
(Please complete and return this form only if you wish to withdraw from the contract)
– To the attention of
[The business or person carrying on a professional occupation herein inserts his / her name, geographic address and, where available, his / her fax number and e-mail address]
………………………………………………………………………………………………………………..
…………………………………………………………..……………………………………………….……
………………………………………………………………………………………………………………..
– I / We (*) hereby notify (*) that you have withdrawn from the sale contract of the property (*) / for the service (*) below
………………………………………………………………………………………………………………..
………………………………………………………………………………………………………………..
– Ordered on (*) / received on (*) ……………………………………………………………………………
– Name of Consumer (s) ………………………………………………………………………………………
………………………………………………………………………………………………………………..
– Address of Consumer (s) ……………………………………………………………………………………
………………………………………………………………………………………………………………..
– Date …………………………………………………………………………………………………………
– Signature of the consumer (s)
(Only in case of notification of this form on paper)
………………………………………………………………………………………………………………..
(*) Delete where not applicable