Last updated October 1, 2024
The website:
www.atelier-araliya.com
(hereinafter the “Platform”)
is an initiative of:
OOOHBXL bv
Kiekenmarkt 39 E
1000 Brussels
Belgium
Company number (CBE number): BE 0792 715 870
E-mail: hello@atelier-araliya.com
Telephone: +32 478 21 04 48
(hereinafter “we” or “OOOHBXL bv” or the “Vendor”)
These General Terms of Use apply to any visit or use of the Platform by an Internet user (hereinafter referred to as the “User”).
By visiting or using the Platform, the User acknowledges that he/she has read these General Terms of Use and expressly accepts the rights and obligations set forth therein.
By way of exception, the provisions of the General Terms of Use may be waived by written agreement. Such waivers may consist in the modification, addition or deletion of the provisions to which they relate and shall not affect the application of the remaining provisions of the General Terms and Conditions of Use.
We reserve the right to modify our General Terms and Conditions of Use at any time and without prior notice, but we undertake to apply to a User the provisions that were in effect at the time the User used the Platform.
We take all reasonable and necessary measures to ensure the proper operation, security and accessibility of our Platform. However, we cannot provide an absolute guarantee of operation and our actions should therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User’s own risk. We are therefore not liable for damages that may result from any malfunctions, interruptions, defects or even harmful elements on the Platform.
We reserve the right to restrict access to the Platform or interrupt its operation at any time, without prior notice.
OOOHBXL bv largely determines the content of the Platform and takes great care with the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its content at any time, without incurring any liability to do so.
OOOHBXL bv cannot provide an absolute guarantee regarding the quality of the information on the Platform. As a result, this information may not always be complete, accurate, sufficiently accurate or current. Consequently, OOOHBXL bv cannot be held liable for any damage, direct or indirect, that the User might suffer as a result of the information provided on the Platform.
If certain content of the Platform violates the law or the rights of third parties or is contrary to morality, we request each User to inform us as soon as possible by e-mail so that we can take appropriate measures.
Any download from the Platform is always at the User’s own risk. OOOHBXL bv is not liable for any damages, direct or indirect, resulting from such downloads, such as loss of data or damage to the User’s computer system, which are the sole and exclusive responsibility of the User.
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply the existence of a relationship between OOOHBXL bv and the external website or even the existence of an implied agreement with the content of these external websites.
OOOHBXL bv has no control over such external third-party websites.
We are therefore not responsible for the safe and correct operation of the hyperlinks and their final destination. Once the user clicks on the hyperlink, he/she leaves the Platform. We therefore cannot be held liable for any further damage.
The structure of the Platform, as well as the content, texts, graphics, images, photos, sounds, videos, databases, computer applications, etc. from which the Platform is composed or which are accessible through the Platform, are the property of the OOOHBXL bv or OOOHBXL bv has obtained the necessary rights, and as such are protected by the current and applicable intellectual property laws.
Any representation, reproduction, adaptation or partial or full exploitation of the content, brands and services offered by the Platform, in any way, without prior, express and written consent of OOOHBXL bv, is strictly prohibited, with the exception of elements expressly indicated as “royalty-free” on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Unless otherwise previously agreed in writing, the User is not permitted to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from entering any data on the Platform that would or could alter the content or appearance of the Platform.
We assure Users that we attach the utmost importance to the protection of their privacy and personal data, and that we always strive to communicate clearly and transparently in this regard.
The personal data provided by Users during their visit or use of the Platform are collected and processed by OOOHBXL bv solely for internal purposes.
OOOHBXL bv undertakes to comply with the applicable legislation in this area, in particular the 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 (the “General Data Protection Regulation” or “GDPR”) and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data.
The User’s personal data are processed in accordance with the Privacy Policy available on the Platform.
These General Terms of Use shall be governed by Belgian law.
In case of dispute and in the absence of an amicable solution between the parties, the dispute shall be brought before the courts of the judicial district where OOOHBXL bv has its registered office.
OOOHBXL bv reserves the right to modify, expand, remove, limit or interrupt the Platform and related services at any time, without prior notice and without liability.
In the event of a violation of the General Terms of Use by the User, OOOHBXL bv reserves the right to take appropriate sanctions and compensation measures. OOOHBXL bv reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without giving reasons and without prior notice. They may not involve the liability of OOOHBXL bv or give rise to any form of compensation.
The illegality or complete or partial invalidity of any provision of our General Terms of Use shall not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision that serves the same purpose.
These General Terms and Conditions of Sale define the mutual rights and obligations in the event of the purchase of products or services on the Platform by a User (who, for the purposes of the General Terms and Conditions of Sale, is hereinafter referred to as “Customer”).
The General Terms of Sale express all the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
Exceptions to the provisions of the General Terms of Sale may be made in exceptional cases, provided that these exceptions are agreed in writing. Such exceptions may consist in amending, adding or deleting the provisions to which they relate and shall not affect the application of the other provisions of the General Terms and Conditions of Sale.
OOOHBXL bv reserves the right to amend the General Terms and Conditions of Sale from time to time. The amendments will apply as soon as they are put online for any purchase after that date.
Through the Platform, the Seller makes available to the Customer an online webshop presenting the products or services offered. The presentation of the products or services offered (e.g. through photographs) have no contractual value.
The products or services are described and presented with the utmost accuracy. However, in the event of errors or omissions in the presentation, the Vendor cannot be held liable for this.
The products and services are offered within the limits of their availability.
The prices and taxes are stated in the online store.
The Vendor reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order are applicable, subject to availability on that date.
The prices are indicated in euros and do not take into account any delivery costs, which, moreover, are indicated and invoiced before the validation of the order by the Customer.
The total amount of the order (all taxes included) and, if applicable, the delivery costs are indicated before the final validation of the order.
The Customer has the option of completing an order online using an electronic form. By completing the electronic form, the Customer accepts the price and description of the products or services.
To validate his order, the Customer must accept these General Terms and Conditions of Sale by clicking on the place indicated. The Customer then also undertakes to have read and carefully follow all “safety rules” as stated on the platform (www.atelier-araliya).
The Customer must provide a valid email address, billing information and, if applicable, a valid delivery address. Any communication with the Vendor can take place through this email address.
Moreover, the Customer must choose the delivery method and validate the payment method.
The Vendor reserves the right to block the Customer’s order in case of non-payment, incorrect address or any other problem on the Customer’s part until the problem is resolved.
The Seller retains ownership of the items ordered until full payment for the order is received.
The Customer makes payment at the time of final validation of the order using the payment method chosen. This validation applies in lieu of a signature.
The Customer guarantees to the Vendor that he has the necessary authorizations to use this method of payment and acknowledges that the information provided for this purpose constitutes proof of his consent to the sale and payment of the amounts due in connection with the order.
The Seller has established a procedure to verify orders and means of payment to reasonably safeguard against any fraudulent use of a means of payment, including by requesting identification information from the Customer.
In case of refusal of permission to pay by credit card by accredited organizations or in case of non-payment, the Vendor reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not completed all or part of a previous order or from whom a payment dispute is pending.
Upon receipt of the validation of the purchase with payment, the Seller will send the purchase to the Customer, as well as an invoice, unless the latter is provided with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by making a request to Customer Service prior to delivery (see contact information below).
In case of unavailability of a service or product, the Vendor will notify the Customer by email as soon as possible to replace or cancel the order of this product and possibly refund the relevant price, with the rest of the order remaining fixed and final.
The communications, orders and payments between the Customer and the Vendor can be proved by means of computerized records, which are kept in the computer systems of the Vendor under reasonable security conditions.
The orders and invoices are archived on a reliable and durable medium, which is considered in particular as evidence.
Delivery is made only after confirmation of payment by the Seller’s bank.
Products are delivered to the address indicated by the Customer on the online order form. Additional costs resulting from incomplete or inaccurate information provided by the Customer will be charged to the Customer.
The delivery takes place, according to the method chosen by the Customer, within the following deadlines:
Standard deliveries 4 – 6 days ( or otherwise stated on the confirmation through our supplier )
The delivery deadlines are indicative. No compensation may be claimed from the Seller or the carrier in the event of late delivery. However, if delivery times exceed 30 days from the date of the order, the sales contract may be terminated and the Customer may be reimbursed.
Upon receipt of the products, the Customer or the recipient checks the good condition of the product delivered or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must formulate the necessary reservations to the carrier at the time of delivery and notify the Seller immediately.
Verification is deemed to have been carried out once the Customer or a person authorized by him has accepted the order without reservation.
Any reservation that is not made according to the rules defined above and within the deadlines set cannot be taken into account and releases the Seller from any liability to the Customer.
In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall notify the Seller within three working days of the delivery date.
Any complaint not made within the deadline cannot be taken into account and releases the Seller from any liability to the Customer.
The product to be exchanged or refunded must be returned to the Seller in its entirety and in its original packaging, according to the following modalities:
Return by post at the expense of the customer. Return via the official address and after completing the reply form on our website stating RETOUR. the package must be addressed to OOOHBXL bv, kiekenmarkt 39 E, 1000 Brussels. Belgium.
Any complaint and return that is not made in accordance with the rules defined above and within the deadlines set cannot be taken into account and releases the Seller from any liability to the Customer.
Any product to be exchanged or refunded must be returned to Seller in its entirety and in its original packaging.
The cost of return shipment shall be borne by the Customer.
If you received a gift with your order and wish to return the entire order to us, please be sure to include the gift with your return shipment. If you keep the gift, we will deduct the price of the gift from your refund.
The Seller guarantees the conformity of the products or services with the contract in accordance with the legislation in force at the time of the conclusion of the contract.
If the Customer is a consumer, he has two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the purchased product was a second-hand good, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and in any case no later than two months after the discovery of the sale.
This article applies only insofar as the Customer is a consumer. If this is the case, the Customer may exercise his legal right of withdrawal and dissolve the contract within 14 working days after the delivery (taking possession) of the goods or within 14 days after the conclusion of the service contract.
This paragraph applies only insofar as the purchase relates to goods.
After notification of his decision to revoke, the Customer has 14 days to return or exchange the goods.
The Customer may request a refund of the returned product, at no additional cost. However, the cost of return remains at the expense of the Customer.
The return or exchange of the product can only be accepted for the products if they are still whole, intact and in their original condition, in particular with complete, intact packaging and in a state of re-sale.
The Vendor will refund the Customer all amounts paid, including delivery costs, within the 14 days following the return of the goods or the sending of the proof of shipment of the goods.
Any revocation that is not carried out in accordance with the rules and deadlines of this article and applicable legislation may not be taken into account and releases the Seller from any liability to the Customer.
If all or part of the order relates to the delivery of digital content that is not delivered on a tangible medium, the Customer expressly agrees that the contract may be performed immediately. The Customer hereby acknowledges that he or she loses the right of withdrawal if the contract is performed immediately.
If all or part of the order relates to the supply of services, the Customer hereby expressly agrees that the Seller may perform the services immediately. The Customer hereby acknowledges waiving his or her right of withdrawal as soon as the Seller has fully performed the contract.
For the attention of:
OOOHBXL bv
Kiekenmarkt 39 E
1000 Brussels
Belgium
Company number (KBO/BTW): BE 0792 715 870
E-mail: hello@atelier-araliya.com
Phone: +32 478 21 04 48
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract regarding the good (*)/provision of the service listed below:
________________________________
________________________________
________________________________
Ordered on (*)/received on (*): __________
Name(s) of consumer(s): __________
Address(es) of consumer(s): __________
Signature of consumer(s) (only if this form is completed on paper):
____________________
Date: __________
* Delete what does not apply
The Seller will maintain in its computer systems and under reasonable security conditions the evidence of the transaction, including the purchase order and invoice.
The Seller guarantees to its Customer the protection of its personal data in accordance with the Privacy Policy available on the Platform.
If the Seller is prevented, in whole or in part, from fulfilling the order due to an unforeseen circumstance beyond its control, it is a case of force majeure.
In the event of force majeure, the Seller has the right to suspend, in whole or in part, the execution of the order for the duration of the force majeure. The Seller will immediately inform the Customer of this.
If the force majeure continues for more than 90 days without interruption, each of the parties has the right to unilaterally terminate the contract, by registered letter to the other party. The services already performed by the Seller will nevertheless be invoiced to the Customer on a pro rata basis.
If one or more provisions of these General Terms and Conditions of Sale are declared illegal or invalid, the remaining provisions shall remain in full force and effect.
The illegality or total or partial invalidity of any provision of these General Terms and Conditions of Sale shall not affect the validity and application of the other provisions.
The Seller reserves the right to replace the illegal or invalid provision with another valid provision for the same purpose.
These General Terms of Sale are governed by Belgian law.
In case of dispute and in the absence of an amicable resolution thereof, the dispute will be submitted to the courts of the judicial district of the Seller’s registered office.
