SapinBelge.be
This website sapinbelge.be is operated by SAPINS.BE SRL . On this site, the terms "we", "us" and "our" refer to the company SAPINS.BE SRL which operates the SapinBelge.be website.
The General Conditions of Sale detailed below apply to all orders placed on sapinbelge.be with the company SAPINS.BE for all products and services offered unless otherwise agreed in writing in advance.
These general terms and conditions of sale are systematically made available to each buyer to enable them to place an order. Consequently, placing an order implies the buyer's full and unreserved acceptance of these general terms and conditions of sale.
Any contrary condition imposed by the buyer will therefore, in the absence of express acceptance, be unenforceable against the seller regardless of when it may have been brought to his attention.
The fact that the seller does not avail himself at a given time of any of these general conditions of sale cannot be interpreted as a waiver of the right to avail himself subsequently of any of the said conditions.
The information contained in advertisements, brochures, or any other written documents provided directly by the Company's agents or employees and/or distributed or communicated on any media, particularly via the internet, constitutes an invitation to enter into negotiations and has no contractual value.
SAPINS.BE is a private limited liability company (SPRL) with a capital of €18,600.00.
SAPINS.BE SPRL
Tubize Road 383 A
1420 Braine-L'alleud
Intra-Community VAT No.: 0893.134.428
By checking these general conditions of sale, the Customer acknowledges:
The information provided by the buyer when placing an order is binding on the buyer. In the event of an error or incomplete information in the recipient's contact details, SAPINS.BE cannot be held responsible for the impossibility of delivering.
Product offers are valid while stocks last.
The Christmas trees offered for sale are natural products. They are sold by size and in ranges of 25 cm for trees less than 2 meters and 50 cm for trees over 2 meters.
The lifespan of a Nordmann fir is three weeks and that of a spruce two weeks provided they are not placed near a heat source, which would considerably reduce their lifespan.
When the tree is ordered in a pot, on a cross or in a water stand, the size of the tree includes the support.
The customer acknowledges that a tree may be damp and that SAPINS.BE cannot be held responsible for any stains and/or scratches left on the ground.
Flocked Christmas trees are made to order, which is why a preparation time of 48 hours is required for their preparation.
The Christmas decorations and light garlands on sale are quality products (compliant with EEC standards) and have been selected.
Ordering decorations does not include their installation.
The location indicated by the customer for the installation of the tree must be reasonably accessible.
When ordering a tree with a height greater than 2.20m, the customer expressly undertakes to check that the passage to the installation site is suitable. The passage cannot in any case be less than one meter in width.
The photos of the Products presented on the sapinbelge.be website are reproductions that are as faithful as possible. SAPINS.BE cannot be held responsible for minor differences (size, color difference, balance, possible holes, etc.).
In the event of a stock shortage, SAPINS.BE will refund the customer the price of the item ordered plus shipping costs.
In the event of an ongoing dispute over payment - such as late delivery, quality of the product delivered, etc. - SAPINS.BE may be required to review the conditions for processing a new order with the customer.
Orders can only be made online, on the website sapinbelge.be
Any order for Christmas trees, requests for home delivery, or requests for collection of Christmas trees can only be made using the online form (sapinbelge.be) or by email: info@sapinbelge.be.
The Parties shall not be bound if the order or requests are made by another means.
Customers can only place orders via the website sapinbelge.be or by email for trees over 3 meters tall.
In order to purchase a Product during their first order on the sapinbelge.be website, the customer must open a customer account and complete an order form specifying certain mandatory fields, considered to be information necessary for the management of said order and commercial relations, so that their order can be taken into account.
Unemancipated minors do not have the capacity to contract. The collection of data from minors must be subject to notification by the minor to their parental authority.
SAPINS.BE draws the Customer's attention to the fact that online Ordering on the sapinbelge.be Website is secure.
The Customer must accurately check the Product(s) ordered, the quantities ordered, as well as the place of dispatch of the Order.
If SAPINS.BE accepts the Order, it notifies its acceptance by issuing an Order Confirmation addressed to the Customer at their email address.
The sale will only be considered final after SAPINS.BE has sent the customer confirmation of the order, specifying the shipment of the Products.
SAPINS.BE reserves the right to refuse any Order from a Customer for a legitimate reason, in accordance with current legislation.
It is therefore entitled to refuse any abnormal order or order placed in bad faith. In addition, the Company will be entitled to refuse any order from a customer with whom there is a dispute relating to the payment of a previous order with SAPINS.BE, or with any other merchant.
An Order may always be cancelled by SAPINS.BE in the event of:
Case of unavailability of the Product(s) ordered
Due to the specific nature of the Internet network, the company does not guarantee the availability of all products in real time on its website. In the event of temporary or permanent unavailability of one of the products, the company will inform Internet users via its website or by sending an email to a valid email address provided by the customer. The company will then offer to replace the product ordered with an equivalent product (quality and price), or a credit note, or to exercise your right of withdrawal (cancellation of your order).
Any request to cancel an order must be made before the products are shipped, to be taken into consideration and at the latest 1 hour after the order has been registered. After this period, no cancellation will be possible.
In accordance with Article VI.53, 4° of the Code of Economic Law, the consumer cannot exercise the right of withdrawal provided for in Article VI.47 of the same Code for Products liable to rapid deterioration, which is the case for natural and flocked Christmas trees.
Any order for perishable products will therefore result in the delivery of the product(s) ordered. Consequently, and if the order is not cancelled within one hour of being placed, no withdrawal will be materially possible.
You will then be deemed to have waived the right of withdrawal within the legal period.
Indeed, the perishable nature of Christmas trees is an exception to the right of withdrawal.
For items that are not susceptible to rapid deterioration, please contact Customer Service in advance at info@sapinbelge.be with supporting photos, then return your item(s) in their original packaging within 14 days of receipt to the address indicated by Customer Service.
For opened, unsealed, dirty, incomplete, damaged, or non-compliant items, no right of return will be granted. In this case, you remain the owner of the product. If you wish, the product will be returned to you and the shipping costs will be at your expense.
Within 15 days or less: you will receive a refund by bank transfer or credit card (depending on your initial payment method) equivalent to the amount of the returned products, including the initial delivery costs. Any return costs will be borne by the customer.
Shipping and return costs are always the customer's responsibility. Unpaid items will be refused and returned to the sender.
Your refund request can only be processed after the returned items have arrived at SAPINS.BE.
Goods must be returned to the following address:
SAPINS.BE SPRL
Tubize Road 483 A
1420 Braine-L'alleud
Belgium
In the event of withdrawal from the Order, the payment already made by the Customer and collected by the Company will be reimbursed using the same payment method chosen by the customer, as well as the shipping costs and to the exclusion of any other compensation or damages, in accordance with the legal provisions in force in the Benelux countries, i.e. within a maximum period of thirty (30) days from the day following that on which the Customer submitted his request.
At the customer's request, the tree(s) will be collected from the same address as that indicated for delivery.
The return service must be specified when ordering the tree(s), or be made by written request to the address: info@sapinbelge.be.
The effective date for the tree to be taken back is set by mutual agreement between the parties, either in the morning, between 8:00 a.m. and 12:00 p.m., or in the afternoon, between 12:00 p.m. and 6:00 p.m.
When the date is set, the customer agrees to be present at the address and time indicated.
In the event of the customer's absence during the collection, and when this results in SAPINS.BE being unable to collect the tree, SAPINS.BE's obligation to collect it will be deemed fulfilled.
Without prejudice to the preceding paragraph, the Parties may agree on a new date of passage, the price of which will be invoiced at the price of €25 including tax.
The collection service is limited to the removal of the tree.
When reclaiming, the tree must be free of any decorations.
The collection service does not include the removal of pine needles from the ground.
If the tree has not been emptied of its decorations upon collection, a fixed fee of:
This applies both in the event of the removal of the decorations that the customer recovers, and with a view to their ecological destruction.
The price is established on the basis of:
In addition to the specific case:
This amount may be revised in the event of changes to these elements or the scope of services.
Our prices are indicated in euros and include all taxes (VAT included) excluding shipping and handling costs.
SAPINS.BE may modify its prices at any time but undertakes to invoice the products on the basis of the prices in effect at the time the order is placed, subject to availability on that date and effective payment.
With reference to Articles 1226 et seq. of the Civil Code, the customer who unilaterally and prematurely terminates the contract referred to above, will pay SAPINS.BE, as a fixed and irreducible penalty clause, the sum of €62.00.
Furthermore, SAPINS.BE will have the right to demand greater damages when it can prove the extent of its loss.
The payment methods accepted by SAPINS.BE are as follows:
SAPINS.BE invoices are due upon receipt, net and without discount.
Any invoice issued by SAPINS.BE is definitively accepted by the customer if it has not been the subject of a reasoned dispute by registered letter within eight days of its receipt.
The products and goods sold remain the property of SAPINS.BE until full payment of the price.
Online: secure transaction thanks to the Ingenico payment system.
To ensure your purchases are safe and secure, SAPINS.BE has implemented all the necessary procedures to protect you against fraudulent use of your bank card.
If you notice a fraudulent debit on your bank account, we recommend that you contact your bank immediately.
All our products are prepared on demand and shipped directly from the various production sites. For your convenience, shipments may be delayed from the date indicated when ordering depending on weather conditions or information about disruptions on the road network.
Orders for decorative items (excluding natural products) are shipped by Bpost (for Belgium), natural products (fir trees, wreaths, etc.) are shipped by the exclusive carrier SKR Group (for Belgium) or by another private carrier, in the order of their receipt and within the limits of available stocks.
SAPINS.BE may be required to change the carrier announced when ordering if an unforeseen event is likely to hinder the proper delivery of the order (strike, road disruption, etc.) or if it proves to be more suitable for the order (volume, size and quantity).
Delivery is scheduled at the entrance of the building (ground floor) and by time slot (9 a.m. – 12 p.m. and 2 p.m. – 6 p.m.).
The signature of the delivery slip by the customer or their representative constitutes acceptance of the tree.
If the customer is a legal entity, the latter undertakes to ensure that a person validly authorized to bind the company is present at the time of delivery.
Three delivery methods are possible depending on the items ordered:
Delivery is made within the time indicated when ordering, by direct delivery of the product to the recipient announced.
The signature of an acknowledgment of receipt by the identified recipient will be required.
For a "gift" order or "delivery address different from the billing address", we recommend that you check in the "delivery" section the contact details of the person to contact to ensure this delivery is carried out correctly.
In the event of an incomplete address, an incorrect address, refusal of the package by the recipient or a lack of information resulting in the impossibility of delivering the product to the recipient on time, no liability can be attributed to SAPINS.BE.
In the event of the recipient's absence at the time of delivery, or if a lack of information results in a second presentation to the recipient, SAPINS.BE will invoice the costs relating to this second delivery at the fixed price of €25.00 including VAT - this second delivery will follow the schedule predefined by region.
No deliveries to France.
In the event of a proven delivery delay compared to the date indicated when ordering, we thank you for contacting Customer Service to open a delivery investigation with the carrier concerned. Concerning Christmas trees in particular, the delivery date indicated on the order form is subject to change if weather conditions do not allow the order to be sent in good conditions.
To register a complaint with Customer Service, please provide us with your contact details, your invoice number, the reference(s) of the product(s) appearing on the invoice and specify the reasons for your complaint.
The package may be damaged or its contents may have been partially or completely stolen.
If you notice such an error, please note it on the carrier's receipt and refuse the product by returning it to us. If you become aware of this error after the carrier has left, please report this anomaly by email to info@sapinbelge.be, with a photo, within 24 working hours of receiving the order.
Despite the care taken in preparing orders, it is possible that a product may be missing from the order, or that an error may have occurred during preparation.
If you notice such an error, please report it to us as soon as possible and if possible within 24 working hours of receiving the order. This can be done by email to info@sapinbelge.be.
In the event that a package is lost by one of our carriers, please notify us as soon as possible.
The company will conduct an investigation with the relevant departments.
SAPINS.BE guarantees the installation of the trees and/or decorations that it puts in place at the time of delivery and approval of the latter by the Customer.
If, after delivery, the trees and/or decorations are damaged due to malicious acts, sabotage or vandalism, any possible replacement remains the responsibility of the Customer.
Likewise, in the event of strong winds/earthquakes/wars/lockouts/attacks/etc. SAPINS.BE cannot guarantee that the trees and/or decorations installed will not suffer any damage. In all cases, any possible reinstallation remains the responsibility of the Customer.
For any information or questions, our Customer Service is at your disposal: info@sapinbelge.be
By email via the website contact form.
All texts, illustrations and photographs presented on the sapinbelge.be website are protected by intellectual property rights.
Any reproduction is strictly prohibited.
The products offered comply with current Belgian legislation.
The installation and collection of the tree takes place under the direction and responsibility of the customer or their representative upon arrival of SAPINS.BE staff at the address indicated.
SAPINS.BE cannot be held responsible for any damage caused during the installation or removal of the tree.
The photographs and texts reproduced and illustrating the products presented are as faithful as possible to the items that will be shipped to you. However, SAPINS.BE cannot be held responsible for minor differences (size deviation - range of 50 cm -, color, balance, holes, etc.).
SAPINS.BE cannot be held liable for non-performance of the contract concluded in the event of an unforeseeable and insurmountable event by a third party to the contract (disruption, total or partial strike, in particular of postal services and means of transport and/or communication, flood, fire, etc.) or fault of the customer. Naturally, SAPINS.BE undertakes to do its utmost to implement a solution aimed at fulfilling the agreed contract as quickly as possible.
The products offered for direct sale by SAPINS.BE are those which appear on the site sapinbelge.be , on the day the Internet user consults said site, and within the limits of available stocks.
The choice and purchase of a product or service are the sole responsibility of the customer. The total or partial impossibility of using the products, in particular due to hardware incompatibility, cannot give rise to any compensation, reimbursement or questioning of the liability of SAPINS.BE, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal.
Hypertext links may lead to partner sites, the latter being solely responsible for their content.
Natural trees and flocked trees are natural products.
The flocked trees are treated with a fire retardant product (Flame retardant M1).
These products remain flammable and cannot be placed near a heat source.
All our products sold are EEC certified.
SAPINS.BE is liable for defects in conformity of the goods to the contract and for hidden defects under the conditions provided for in articles 1641 to 1649 of the Civil Code.
In accordance with current legislation, all products benefit from a 2-year legal guarantee against conformity defects.
Article 1641 of the Civil Code
"The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use so much that the buyer would not have acquired it, or would have paid a lower price for it, if he had known of them."
Article 1648 of the Civil Code
"The action resulting from latent defects must be brought by the purchaser, within a short period of time, depending on the nature of the latent defects, and the usage of the place where the sale was made."
SAPINS.BE also undertakes to exchange any ordered tree within 10 days of delivery, provided the Customer provides the reasons and a photo justifying the dissatisfaction. The tree will be exchanged for a tree with the same characteristics as those specified when ordering. The tree can only be replaced once.
This is without prejudice to SAPINS.BE's right not to replace the tree and to reimburse the customer for the price of their order (always excluding delivery or return costs).
For any technical problems or requests for information, contact customer service: info@sapinbelge.be.
The return of a Product will only be accepted if it is the subject of a complaint and a prior request, with supporting photo and if the buyer follows the instructions given by customer service.
When returning an item under warranty, it must be returned in its original packaging, along with any accessories, instructions and documentation, and the return agreement email from SAPINS.BE customer service.
Any incomplete return or return with damaged packaging will be refused and returned to the customer at their expense.
Upon confirmation that the product does not match the offer, SAPINS.BE will exchange it for a product of the same reference and of the same or higher quality, depending on its availability. In this case, the buyer may request a refund.
In the event of unavailability of the Product, SAPINS.BE will refund the price [excluding delivery costs].
By placing an Order, the Customer agrees that SAPINS.BE may store, process and use the data collected from this Order in order to process it.
Some of this information may in this regard be transferred to the companies involved in the delivery of the Products ordered.
SAPINS.BE processes personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) and other legislative provisions relating to the protection of personal data.
SAPINS.BE informs you that you can consult your personal data, have it corrected or, if you have good reason, have it restricted or deleted. In addition, you have the right to data portability.
You can withdraw your consent to the processing of personal data at any time. You can object to the use of the data we process for direct marketing purposes at any time. You can exercise your right to withdraw your consent and your right to object, without justification, in writing, with a copy of the front of your identity card, to the following address: info@sapinbelge.be.
This contract is subject to Belgian law. The language of this contract is French/Dutch/English.
In the event of disputes, the parties will attempt to reach a settlement.
Failing this, they now recognise the exclusive jurisdiction of the courts of Brussels [Justice of the Peace of Uccle], and that only Belgian law will be applicable.
For individuals, the competent court in the event of a dispute will be that of the defendant's place of domicile or, at the defendant's choice, the place of actual delivery of the product.
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