GENERAL TERMS AND CONDITIONS OF SALE TERRA VITA WEBSHOP
The consumer has the right to inform TERRA VITA that he renounces the purchase, without payment of a fine and without giving any reason within days from the day following the delivery of the product. The shipping costs are never refunded and always remain at the expense of the consumer.
COMPANY INFORMATION TERRA VITA
Terra Vita Shop
Steenvoordestraat 36
8978 Watou
Belgium
BE0544.940.258
GENERAL PROVISIONS
The webshop of TERRA VITA offers its customers the opportunity to purchase its products online. These General Terms and Conditions ("Terms") apply to all items from the TERRA VITA range and to any purchase that the customer places with TERRA VITA.
The customer accepts that these Terms and Conditions will be the only ones applicable to the exclusion of his own general or specific (purchase) terms and conditions, even if they stipulate that they are the only ones applicable.
PLACING AN ORDER ON TERRA VITA SHOP
To place an order on www.terra-vita.shop you should meet the following conditions:
- You informed us of your name, address, email address, payment information and other required information;
- You are at least 18 years old;
- In case you paid using a payment card, you should be the rightful owner or authorized holder of a valid payment card to purchase any Products.
When you create a personal account, you must also create a personal username (your email address) and password. Always protect your password and don’t pass it on. You will be held responsible for all purchases made through your username and password.
Orders on www.terra-vita.shop have the following process:
- You choose the Products;
- You enter your payment information and choose a delivery address;
- Authorization of payment;
- We send you a confirmation of the receipt of the order by email as soon as the payment has been processed;
- We collect the payment from your bank account;
- We dispatch the products;
- You receive the products.
PROCESSING OF THE ORDER
Orders placed on www.terra-vita.shop are not binding to the Seller. They only become binding to the Seller once the Seller has accepted your order. We have the right to reject your order for any reason.
After receiving your order, we will send you a confirmation email of the receipt of your order with your order number and details of the ordered Products. This confirmation of receipt does not imply that your order has been accepted. The acceptation of your order and the conclusion of the sales contract will take place if and once the ordered Products are sent to you. After shipping the Products, we reserve the right to cancel your order as long as you haven’t received the Products yet.
We have the right to decline your order if:
- A technical or pricing error occurred on the website … at the moment of ordering;
- The ordered Product is not available (in case the ordered Product is not available, we will inform you via email);
- The provided payment information is incorrect or non-verifiable.
- Our security systems indicate that the order is abnormal or possibly fraudulent;
- We have reason to believe that the Buyer is younger than 18 years old.
In case we reject or cancel an order for any of the before mentioned reasons, we will – as the case may arise – refund the price paid for the product and the paid delivery charges.
PRICE
All prices quoted always include VAT and all other mandatory taxes to be borne by the customer. If transport reservation, or administrative costs are charged, this will be stated separately.
The price statement refers exclusively to the articles as described accurately. The accompanying photos illustrate the article, unless stated otherwise.
(mentioning shipping cost and estimated delivery time)
OFFER
Each offer is only open to customers residing in the European Union.
We spend a lot of time on the photos on the website to reproduce the colours as true to life as possible. The colours may still differ due to different settings of the colours or intensity on your screen. A product may deviate slightly from the delivered colour and model in the image. TERRA VITA does not accept any liability for this.
If you have specific questions about, for example, sizes, colour, availability, delivery time or delivery method, please contact our customer service in advance.
TERRA VITA is only bound to an obligation of means regarding the correctness, updating or completeness of the information provided. TERRA VITA is in no way liable in the event of material or typing errors.
The offer is valid while stocks last and can be adjusted or withdrawn at any time by TERRA VITA.
TERRA VITA is entitled - without stating reasons - to refuse orders, to adjust the delivery times, to split the deliveries, or to attach other conditions to the delivery.
ONLINE PURCHASES
The customer has the option to purchase the items from the TERRA VITA range online.
The purchase is made when the customer receives a confirmation email from TERRA VITA. The items will be delivered to the customer's home or on the chosen delivery address on the delivery date indicated in the confirmation email.
The customer can choose between the following payment methods:
- credit card
- bank card
- bank transfer
- paypal
RETENTION OF TITLE
The delivered items remain the exclusive property of TERRA VITA until full payment has been made by the customer.
However, the risk due to loss or damage is transferred to the customer from delivery. If necessary, the customer undertakes to point out to third parties the retention of title of TERRA VITA, for example to anyone who would seize the items not yet fully paid for.
SANCTIONS FOR NON-PAYMENT
Without prejudice to the exercise of other rights available to TERRA VITA, the customer owes interest of 10% per year on the unpaid amount in the event of non-payment or late payment from the date of default by operation of law and without notice. In addition, the customer owes a fixed compensation of 10% on the amount concerned, by operation of law and without a reminder, with a minimum of 25 euros per invoice.
Without prejudice to the foregoing, TERRA VITA reserves the right to take back items that have not been paid (in full).
COMPLAINTS
Any visible damage and/or qualitative shortcoming of an article or other shortcoming in the delivery must be reported immediately, under penalty of forfeiture of all rights.
WARRANTY
Legal guarantee (only for consumers)
Pursuant to the law of 21 September 2004 on the protection of consumers in the sale of consumer goods, the consumer has legal rights.
Each item is subject to the legal guarantee from the date of purchase by (if applicable delivery to) the first owner.
Any commercial warranty does not affect these rights.
General
To invoke the warranty, the customer must be able to present proof of purchase.
For items purchased online and delivered to the customer's home, the customer must contact TERRA VITA customer service in advance, after which the customer must return the item to TERRA VITA at his expense.
Any defect must be reported within 7 days of its reception. Afterwards, any right to replacement expires.
The (commercial and/or legal) warranty never applies to defects that arise as a result of accidents, neglect, falls, abnormal or incorrect use, use of the article contrary to the purpose for which it was designed, non-compliance with the instructions for use or manual, modifications or changes to the item, heavy-handed use, poor maintenance.
The warranty is not transferable.
WITHDRAWAL PERIOD
The provisions of this article only apply to customers who purchase items online in their capacity as consumers:
The consumer has the right to inform TERRA VITA that he renounces the purchase, without payment of a fine and without giving any reason within 14 days, from the day following the delivery of the product.
Customers who wish to make use of the right of renunciation must contact TERRA VITA customer service within 14 days of delivery and return the goods at their expense to TERRA VITA address within 14 days of delivery of the goods.
Only items that are in the original and undamaged packaging, together with all accessories and invoice or proof of purchase can be returned.
Will not be taken back under any circumstances:
- Soiled, damaged or incomplete items
- Items made to measure for the customer
- Items that cannot be returned due to their nature
- Items specially ordered for the customer
- Items whose packaging (or part of it) was opened.
Shipping costs will not be refunded under any circumstances.
PRIVACY
TERRA VITA undertakes to use the data exclusively for the execution of the agreement that you conclude by means of your order and to send you information from www.terra-vita.shop without obligation.
If you would also like to receive information by e-mail, please also provide your e-mail address.
We treat your data as confidential information and will never pass it on, rent or sell it to third parties. You can request, correct, change, or delete your data that we keep in the customer list of TERRA VITA at any time, and you can refuse that TERRA VITA uses your data to send you information. It is sufficient to send a request to the following address:
INFRINGEMENT OF VALIDITY - NON-RENUNCIATION
If any provision of these Terms is held to be invalid, illegal, or void, this shall in no way affect the validity, legality, and applicability of the other provisions.
Failure at any time by TERRA VITA to enforce any of the rights listed in these Terms, or to exercise any right hereof, shall never be deemed a waiver of such provision and shall never affect the validity of those rights.
CHANGE OF CONDITIONS
These Terms and Conditions are supplemented by other terms and conditions that are explicitly referred to, and the general terms and conditions of sale of TERRA VITA. In the event of a conflict, these Terms and Conditions shall prevail.
TERRA VITA may change these Terms and Conditions at any time without further notice. Any purchase made after the change constitutes acceptance by the customer of these new Terms.
EVIDENCE
The customer accepts that electronic communications and backups can serve as evidence.
APPLICABLE LAW - COMPETENT COURT
Belgian law is applicable, with the exception of the provisions of private international law on applicable law and of the Rome I Regulation on international sales contracts relating to movable property. In the event of any disputes, only the courts in Ypres (Belgium) have jurisdiction.