GENERAL CONDITIONS OF SALE AND USE
ARTICLE 1. Application and acceptance of the general conditions of sale
These general conditions of sale ("GCS") apply, without restriction or reservation to all contracts concluded between the natural person Sarah Demaret, acting under the trade name SWEET *N FAIRY, registered with the Banque Carrefour des Entreprises under the number 0844.023.130 whose head office is located Chaussée de Charleroi 32 at 1400 Nivelles (the "Seller" or "SWEET *N FAIRY") and any consumer or professional buyer (the "Customer" or "You") wishing to acquire the products offered for sale (the “Products) by the Seller on the website https://sweetnfairy.com (the“ Website ”). They specify in particular the conditions of ordering, payment, delivery and management of any refunds for Products ordered by the Customer on the Website.
By "Customer" is meant exclusively any natural person at least eighteen (18) years of age acting as a consumer within the meaning of Article II of the Code of Economic Law, who agrees to fill in the mandatory fields for the registration of his order and has a delivery address located in one of the areas served by the Seller, as defined in Article 5 of these GTS. These GTS therefore do not apply to legal persons acting for professional purposes, nor to natural persons placing an order for the needs of their professional activity. Any professional purchase must be made via the Pro access tab and is subject to the express authorization of SWEET *N FAIRY and special conditions, if applicable.
The T & Cs are accessible at any time on the Website or on request at email@example.com. Since the T & Cs may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the Website on the date the order is placed. They will prevail over any other version or any other contradictory document. SWEET *N FAIRY therefore invites Customers to carefully reread the GTS in force, with each new order.
Any validation of an order by the Customer implies full acceptance of these GTS and the special conditions of his order (products, quantities, price, mode and delivery times, etc.). The Customer declares to have read and accepted them by checking the box provided for this purpose before confirming the order.
ARTICLE 2. Products
2.1 Product information
SWEET *N FAIRY pays particular attention to the presentation of each Product on the Website and indicates their sales name, quantity, price, means of payment accepted by SWEET *N FAIRY, any delivery restrictions as well as information required by the legislation in force, thus allowing the Customer to know the essential characteristics. The use-by date is also mentioned on the sheet of each Product.
The photographs of the Products are not contractual and are provided for information only. Any error qualified as material cannot lead to any liability on the part of SWEET *N FAIRY.
2.2 Product quality
SWEET *N FAIRY pays particular attention to the quality of the Products sold on the Website.
2.3 Allergy warning
Food Products sold on the Website contain certain allergens specified for each Product. The nutritional information of prepackaged food products (eg chocolate, delicatessen) is also present on the product sheets. In case of question, the Customer can contact customer service via the contact form on the Site.
2.4 Product availability
SWEET *N FAIRY reserves the right to modify its offer and its range of Products at any time. SWEET *N FAIRY undertakes to honor orders received on the Website only within the limits of available stocks. Exceptionally, an advertised Product available on the Website could be unavailable after final registration of the order. In the event of unavailability of the Product, SWEET *N FAIRY will inform the Customer by email that his order is canceled and will reimburse the Customer within thirty (30) days, unless the Customer expressly wishes to postpone his order on a Product of substitution advised or not by SWEET *N FAIRY.
ARTICLE 3. Order
3.1 Account creation
The Customer must choose a login and password to access his account that he cannot communicate to anyone. SWEET *N FAIRY will not be responsible for any loss or damage that may arise from a lack of protection of the login or password. If the Customer has forgotten his password, an appropriate function on the Website allows the Customer to retrieve it by means of his email address.
3.2 Order registration
The recording of an order is carried out according to the following methods (which can take place in an order other than that presented below without this influencing the validity of the order):
- Selection of Products by placing in the basket;
- Selection of delivery method;
- Validation of the contents of the basket;
- Customer identification with creation or connection to his customer account;
- Delivery information (mode, costs and delivery times);
- Billing information;
- Confirmation of delivery terms;
- Verification and validation of the order
- Acceptance of the GTS and the privacy statement by checking the box provided for this purpose;
- Information and validation of payment.
The Customer has at each stage of the process of entering his order and before its validation, the possibility of correcting or modifying his choices. The information communicated by the Customer when placing an order commits the latter: in the event of an error by the Customer in the wording of his contact details or those of the recipient or the place of delivery, in particular his name, first name, address, telephone number, e-mail address, door code, floor, resulting in the loss of the Products, the Customer will be responsible for payment for the lost Products and no compensation or reimbursement can be made. Before confirming payment for his order, it is therefore up to the Customer to verify the accuracy of the order and to make any changes.
3.3 Confirmation of the order
SWEET *N FAIRY confirms receipt of his order to the Customer by e-mail at the address indicated by the Customer in order to summarize (i) the Products ordered, (ii) the address, (iii) the date (when this information is available, this is given for information only) and the delivery method, (iv) the means of payment and (v) its order number.
Any order placed via the Website by the Customer will only be final after receipt by the Customer of the order confirmation and after registration by the Seller's bank of the full price of the order, delivery costs included. The sales contract between the Customer and SWEET *N FAIRY is formed when the order is confirmed by SWEET *N FAIRY.
SWEET *N FAIRY reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order or who would present in his eyes any form of risk.
3.4 Modification of the order
Any modification of an order by the Customer after confirmation of his order by SWEET *N FAIRY is subject to prior acceptance by SWEET *N FAIRY.
3.5 Proof of the order
The confirmation of the order by SWEET *N FAIRY, the data recorded by the Seller by means of the automatic recording systems of the Website or by its distance selling service as well as any e-mail exchanged between the Seller and the Customer will be considered. as proof of the nature, content and date of the transaction in the event of a dispute between the parties and will be kept by the Seller for the period necessary with regard to the legal limitation rules.
ARTICLE 4. Price and terms of payment
The Products are supplied at the rates in force appearing on the Website when the order is registered by the Customer. Prices are expressed in euros, excluding tax and, where applicable, all taxes included according to the VAT rate in force on the day the order is placed and excluding shipping costs. Processing, shipping, transport and delivery costs will be invoiced in addition under the conditions indicated on the Website and calculated prior to the validation of the order. Any additional costs added to the price of the Product (s) ordered must be subject to the express consent of the Customer. The final price requested from the Customer corresponds to the total amount of the purchase, including these costs. The total price including tax indicated in the order confirmation sent by SWEET *N FAIRY is the total price of the order expressed inclusive of all taxes including the price of the Products and additional costs, including transport costs.
The prices displayed on the Website are liable to be revised at any time without notice depending on the price of seasonal products and economic conditions.
4.2 Payment (securing transactions)
The Customer acknowledges that the placing of an order necessarily entails the cash payment thereof at the time of the order by bank transfer, Paypal or MultiSafepay exclusively through a secure payment system.
The Customer must pay the total amount mentioned during the ordering process to the seller's account within 10 days, with the reference of the order number.
Please note: when the Customer pays by bank transfer, his package will only be sent after receipt of payment. This may take a few days. No shipment will be made by the Seller before receipt of full payment for the order to the credit of his bank account.
Payment for orders placed on the site can also be made via the PayPal ™ secure payment platform. Several electronic payment methods by credit card are available.
Transactions made on the site are secured by the PayPal ™ payment system. All information exchanged to process the payment is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. They are also not stored on our computer systems. Thus, SWEET *N FAIRY never has any knowledge of the Customer's banking information at any time during the purchase process. SWEET *N FAIRY makes it a point of honor to guarantee purchasing security on the site.
For more information regarding PayPal ™ you can visit their website www.paypal.com.
Payment for orders placed on the site can also be made via the MultiSafepay ™ secure payment platform. Several electronic payment methods by credit card or debit card are available.
Transactions made on the site are secured by the MultiSafepay ™ payment system. All information exchanged to process the payment is encrypted using SSL protocol. This data cannot be detected, intercepted or used by third parties. They are also not stored on our computer systems. Thus, SWEET *N FAIRY never has any knowledge of the Customer's banking information at any time during the purchase process. SWEET *N FAIRY makes it a point of honor to guarantee purchasing security on the site.
For more information about MultiSafepay ™ you can visit their website www.multisafepay.com.
ARTICLE 5. Delivery
Products can only be shipped after payment has been validated. The Products ordered will be delivered in Belgium as well as in certain European countries. Delivery takes place according to the deadlines indicated for each delivery method and to the address provided by the Customer when ordering on the Website. Delivery consists of the transfer to the Customer of physical possession of the Product ordered. Except in special cases or unavailability, the Products ordered are delivered in one go.
The Customer is responsible for information relating to the name and address of the recipient. These information must be precise, exact, and complete (in particular door code and floor) to allow delivery under normal conditions. The Seller can in no way be held responsible for a return delivery due to an address error or an inability to deliver to the address indicated.
For all deliveries and shipping, we ask our customers to ensure the presence of their recipients on the day of delivery.
In the absence of the recipient, the carrier will leave a calling card at the place of delivery with instructions on the steps to be taken to collect the package. These procedures are entirely the responsibility of the Customer.
5.2 Delivery time
5.2.1 Delivery by carrier to an address or relay point
SWEET *N FAIRY makes its best efforts to deliver the Products ordered by the Customer within the deadlines indicated below and communicated for information only. The Seller is responsible for the proper execution of the contract under the conditions of article art. VI.103 of the Code of Economic Law.
If the ordered Products are not delivered within thirty (30) working days after confirmation of the order, for any reason other than force majeure or the act of the Customer, the sale may be resolved at the Customer's request within the conditions provided for in Article VI. 43 of the Code of Economic Law. The sums paid by the Customer will be returned to him at the latest within fourteen (14) days following the date of termination of the contract, to the exclusion of any compensation or withholding.
5.2.2 Withdrawal of the order by the customer at one of the SWEET *N FAIRY points of sale / depot
SWEET *N FAIRY makes every effort to ensure that the order is available as soon as possible (one to two working days) but the Customer can only pick up his order by appointment and as fixed by SWEET *N FAIRY
5.3 Delivery methods
The Customer can choose:
- or to take delivery of his order himself at one of the SWEET *N FAIRY points of sale / depot in Belgium. If he chooses to do so during the ordering process, SWEET *N FAIRY will contact him by email (the Customer will either check his spam emails) and / or by phone call within 1 to 2 working days to fix an appointment with the Customer who can then come and collect the items at the location agreed upon when placing the order. SWEET *N FAIRY will take a reasonable number of steps to arrange a meeting with the Customer but without success or response from the Customer, the order will be refunded within fourteen (14) days. Likewise, any order not collected within thirty days of payment for the order will be lost and will not be refunded.
- or to have his order delivered by a carrier in accordance with the following provisions. SWEET *N FAIRY makes its deliveries via the Belgian Post (BPost) and Mondial Relay in collaboration with the postal services of the Customer's country according to the rates mentioned below.
5.4 Delivery rates
Delivery rates are inclusive of packaging and shipping. The fixed prices, not according to the weight of the package are indicated below. When this is not the case, the exact value of the delivery costs will be indicated to you on the order summary page, before confirming the order.
- Delivery to relay point or automated drop-off point (24/7)
o By Mondial Relay: Metropolitan France, Belgium and Luxembourg: € 3.99 (0-30kg) for packaging and shipping to the Mondial Relay point of your choice.
o By BPost (collection point or package distributor) in Belgium: The price is based on the weight (0-30kg) and is announced to the Customer during the summary of his order and before confirming it.
- Delivery to an address of the Customer's choice (home, place of work, etc.):
o Express Belgium (0-30kg) by BPost. The price is based on weight and is announced to the Customer during the summary of his order and before validating it.
o Normal Belgium (0-30kg) by Mondial Relay. The price is based on weight and is announced to the Customer during the summary of his order and before validating it.
o Normal metropolitan France (0-30kg) by Mondial Relay. The price is based on weight and is announced to the Customer during the summary of his order and before validating it.
o For the other countries of the European continent, the prices are specific to each country and will be presented to the customer when placing his order and in any case, before payment thereof.
o For the rest of the world, please contact us via the contact form to obtain a personalized offer at the best price.
- From 49 € of purchases, the shipping costs to a Relay Point (Mondial Relay) in Belgium are offered by SWEET *N FAIRY. From € 69 of purchases, shipping costs to a Relay Point (Mondial Relay) in mainland France are offered by SWEET *N FAIRY.
5.5 Delivery tracking
As soon as the order is placed, the Customer will receive 3 e-mails for:
- Confirmation of the order,
- The validation of the means of payment,
- Confirmation of the shipment of the order.
It is in this last e-mail that the Customer will find the link and the code to follow the shipment of his order.
5.6 Delivery time
- Preliminary remarks
o These deadlines are an average calculated on all the shipments made and may vary depending on the specific situation of each Customer. SWEET *N FAIRY use all reasonable means to meet the deadlines below but cannot be held responsible in the event of failure on the part of the delivery service or the Customer by providing a non-compliant address or incomplete.
o If payment is received before 4:00 p.m. (GMT + 1), the first day of the delivery deadline is the first working day following the day when the payment was validated by SWEET *N FAIRY on the site.
- Delivery to relay point or automated drop-off point (24/7)
o By BPost: the package is usually available at the collection point within 1 to 2 working days.
o By Mondial Relay: for Belgium, Luxembourg and mainland France, the package is usually available at the chosen relay point within 4 to 5 working days.
- Delivery to an address of the Customer's choice (home, place of work, etc.):
o Express Belgium (BPost): The average delivery time in Belgium is usually 1 to 3 working days.
o Normal Belgium (Mondial Relay): The average delivery time in Belgium is 2 to 5 working days.
o Countries bordering on Belgium (metropolitan France, Luxembourg, Germany and the Netherlands: The average delivery time is 3 to 5 working days for countries bordering on Belgium.
o Other EU countries (other than the above countries: The average delivery time is 4 to 7 working days.
o Rest of the world: The average delivery time is 4 to 10 working days.
5.7 Delay in delivery
SWEET *N FAIRY does its utmost to ensure that packages reach the Customer as quickly as possible. Exceptionally, a delay in delivery may occur in relation to the announced deadlines. A follow-up (tracking) of the parcel is possible in order to know where the parcel is and what is the status of the delivery. The Customer is required to notify SWEET *N FAIRY of the overrun of the deadlines so that SWEET *N FAIRY can quickly ensure that the package is not lost.
5.8 Damage to the package and loss
SWEET *N FAIRY does its utmost to ensure that the products are securely packaged and properly secured in their package. If, despite this, a product should arrive in poor condition, the Customer is required to inform SWEET *N FAIRY within 48 hours of receipt thereof. The Customer is requested to keep the packaging and to take pictures of it and of the damage and to send them to SWEET *N FAIRY within 5 calendar days of receipt by email or registered mail.
Once all the information is in SWEET *N FAIRY's possession, the seller then undertakes to file a complaint with the carrier and to indemnify the Customer, if necessary.
In the event of a lost package, the Customer is required to inform SWEET *N FAIRY within 7 days of receipt of the shipping confirmation email. SWEET *N FAIRY then takes care of the claims against the carrier and any compensation.
For both damage and loss of packages, SWEET *N FAIRY may need information held by the Customer. The Customer therefore undertakes to keep this information available to SWEET *N FAIRY as soon as possible.
No complaint can be taken into account after all the deadlines mentioned above.
The procedures and deadlines for reimbursement and compensation, if applicable, are those defined by the carrier. The Customer implicitly accepts these conditions by placing an order on the site.
Important note: Returns to sender must always be made by mutual agreement. Never return a shipment on your own initiative.
5.9 Product reference errors
The Customer is required to check the contents of the package upon receipt. If product or quantity errors have inadvertently occurred, the Customer is required to inform SWEET *N FAIRY within 48 hours of receipt of the package.
SWEET *N FAIRY will then assess the merits of the complaint and will then propose a remedy to the Customer, as described below. In the event of a missing product, the Customer will have the choice between reimbursing the product concerned or its free delivery. In the event of a reference error, SWEET *N FAIRY will exchange the product, the costs of this procedure being the responsibility of SWEET *N FAIRY. No other compensation will be possible.
ARTICLE 6. Reception
Reception of the Products takes place when the Customer takes physical possession of the Products (the "Reception"). The Customer must check the condition of the Products upon receipt. In the event of missing, loss or damage, the Customer must make all reservations in accordance with Article 5.
ARTICLE 7. Transfer of ownership and risks
Reception of the Products takes place when the Customer takes physical possession of the Products (the "Reception").
The transfer of ownership of the Products from the Seller to the Customer will only be carried out after registration of the payment of the Paypal, MultiSafepay and Bank Transfer price.
The transfer of risks will take place upon receipt of the Products. From that date, the Customer will assume full responsibility for all damage that the Products may suffer or cause. The Products therefore travel at the risk and peril of the Seller.
ARTICLE 8. Complaints and customer service
The Seller does everything in its power to best satisfy its customers. However, the Customer can address their complaints to Customer Service:
- by mail: SWEET *N FAIRY SAV; Chaussée d´Alsemberg 212, 1420 Braine l´Alleud, Belgium
- by email: firstname.lastname@example.org
- by phone: during Customer Service opening hours * on +33 1 78 90 04 19 or +32 2 385 36 22.
- online, by completing the contact form on the Website.
SWEET *N FAIRY is not responsible for indirect, incidental, punitive or consequential damages including, without any limitation, loss of profits, revenues or profits arising out of or relating to a violation of these general conditions of sale or to a claim to you by any third party.
ARTICLE 9. Right of withdrawal
The right of withdrawal does not apply to over-the-counter sales or to contracts for the supply of the following Products:
- goods made to the consumer's specifications or clearly personalized: this concerns all personalized orders such as assembled parts, macaroon boxes, food impressions, etc.
- fresh and perishable products such as macaroons, chocolates, pastries, etc.
- goods unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection such as opened food products.
For other Products and sales, in accordance with the regulations in force, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal from the Seller, without having to justify reasons nor to pay a penalty, at the end of an exchange or refund.
The right of withdrawal can be exercised on plain paper containing the certain intention of the Customer to exercise his right of withdrawal or via the completed and signed standard form (see below). An acknowledgment of receipt on a durable medium will be immediately communicated to the Customer by the Seller.
The Products must be returned within fourteen (14) days following notification to the Seller of the Customer's decision to withdraw, accompanied by the purchase invoice in their original packaging and in perfect condition allowing them to be re-marketed as it would be new. Damaged, soiled or incomplete Products will not be taken back.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product (s) purchased and the delivery costs will be reimbursed; the return costs remaining the responsibility of the Customer. The risk, quality and monitoring of this return are the responsibility of the Customer.
The exchange (subject to availability) or refund will be made within fourteen (14) days of receipt by the Seller of the Products returned by the Customer under the conditions of this article.
SWEET *N FAIRY reserves the right to refuse a return if it does not meet the conditions set out above, in particular if it is found that the packaging of the food products has clearly been opened or damaged by the customer.
Products on sale (promotions, fan actions, etc.) or sold with a short Consumption Deadline (DLC) will not be returned or exchanged. The Customer's attention is drawn to the presence of a "Sales" or "Short DLC" banner on the photo of each product falling into this category.
ARTICLE 10. Guarantees
The Products sold on the Website comply with the regulations in force in Belgium. The Products benefit as of right and in accordance with the legal provisions of the legal guarantee of conformity and the legal guarantee against hidden defects.
10.1 Legal guarantee of conformity
In accordance with the legal provisions for the protection of consumers in the event of the sale of consumer goods, SWEET *N FAIRY is required to deliver goods in accordance with the order and is liable for any lack of conformity during delivery. When acting as a legal guarantee of conformity, the Customer:
- has a period of two years from the delivery of the goods to act;
- can choose between repair or replacement of the property, subject to the cost conditions provided for in Article 1640 quater of the Civil Code;
- is exempt from proving the existence of the lack of conformity of the good during the six months from the delivery of the good
SWEET *N FAIRY is not held responsible for apparent defects, nor for defects or damage caused by the Customer himself.
It should be noted that the period of 2 years of legal guarantee of conformity will be suspended for the time necessary for the repair or replacement of the good, or in the event of negotiations between the seller and the Customer with a view to an amicable agreement. A new deadline cannot therefore begin once the repair or replacement has been carried out or the parties have not agreed to it.
10.2 Guarantee of hidden defects
SWEET *N FAIRY is also bound by the legal guarantee against hidden defects affecting the Products delivered and rendering them unfit for the use for which they are intended, under the conditions provided for in articles 1641 to 1649 of the Civil Code, on condition that the Customer prove the hidden defect and act within a short time from the discovery of the defect (article 1648 of the Civil Code).
In case of implementation of the guarantee against hidden defects, the Customer can choose between the resolution of the sale or a reduction of the sale price in accordance with article 1644 of the civil code.
ARTICLE 11. Intellectual property rights
The content of the Website including, in particular but without limitation, the trademarks, patents, texts, comments, illustrations, photographs and images reproduced on the Site are the exclusive property of SWEET *N FAIRY and are protected by intellectual property rights. . Any total or partial reproduction of the Website is strictly prohibited without the prior written consent of SWEET *N FAIRY. Any violation of our brands and the integrity of our Products could justify the initiation of civil or criminal proceedings.
ARTICLE 12. Special clause
French law prohibits French buyers from ordering certain types of products (which, on the other hand, are authorized in the reste of the European Union); especially products that contain E171. If such a product was ordered by a French resident, this order is made at the risk and peril of the purchaser. In any case, the responsibility of SWEET *N FAIRY can not be called into question with regard to the explicit warnings given on the site (and in these general conditions of sale).
ARTICLE 13. Applicable law and disputes
These GTS are subject to Belgian law, it being understood that this clause will not deprive the consumer of the protection afforded to him by the mandatory rules of his country of residence (France), if applicable). By country of residence, it is necessary to understand the place where the delivery was carried out at the request of the consumer.
In the event of a dispute, an amicable solution will be sought as a priority before any legal action. To this end, we ask our Customers to contact our Customer Service by mail at the following address: email@example.com
In the absence of an amicable solution, any legal action will be brought before the courts of the judicial district of Nivelles. The procedure will take place in French.
For disputes relating to an online contract between a consumer established in France and SWEET *N FAIRY, an online dispute resolution solution is available through the following link: Online dispute resolution | European Commission (europa.eu).
Books VI and XIV of the Code of Economic Law
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract)
- Attention Pers. Phys. Sarah Demaret (under the trade name Sweet *N Fairy) - chaussée de Charleroi 32, 1400 Nivelles - firstname.lastname@example.org
- I / We (*) notify you / notify (*) hereby my / our (*) withdrawal from the contract for the sale of the property (*) / for the provision of service (*) below
- Ordered on (*) / received on (*) ………………………………………………………………………………………………… ……….
- Name of Client (s) ……………………………………………………………………………………………………..…………………………
…………………………………………………………………………………………………………………………………… ……………………… ..
- Address of Client (s) ………………………………………………………………………………………………………… ………
…………………………………………………………………………………………………………………………………… ……………………… ..
- Date …………………………………………………………………………………………………
- Signature of the Client (s) (only if this form is notified on paper)
(*) Delete the unnecessary entry.