General terms and conditions of sale
Article 1 - Definitions
Subsequently referred to as :
- "Site" means the https://orcaretail.com/ website and all its pages.
- "Products": the set of products (tangible) and services (intangible) that can be purchased or subscribed to on the site.
- "Company": The person, legal or physical, responsible for the publication and content of the site, and presented in the legal notice of the site.
- "User": The Internet user visiting and using the site.
- "Customer": The Internet user making a purchase of a product or service on the site.
Article 2 - Scope of application
The present General Terms and Conditions of Sale ("GTCS") apply to any order placed on the site https://orcaretail.com/ by any customer. The site is operated by PENNEL & FLIPO SA, whose head office is located at Boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium and registered with the Crossroads Bank of Enterprises under the company number 0885940788.
These general terms and conditions apply without restriction or reservation to all sales concluded by the company with Customers of the same category, regardless of the clauses that may appear in the Customer's documents, and in particular its general terms and conditions of purchase.
In accordance with the regulations in force, these General Terms and Conditions of Sale are systematically communicated to the Client who requests them, to enable him to place an order with the company.
Any order of Products implies, on the part of the Client, the acceptance of these General Terms and Conditions of Sale and of the general terms of use of the Company's website for electronic orders.
The information contained in the Company's catalogues, prospectuses and price lists is given for information only and may be revised at any time. The Company is entitled to make any changes it deems necessary.
The modifications of these General Terms and Conditions of Sale are opposable to the users of the site from the moment they are put on line and cannot be applied to transactions concluded previously.
Article 3 - Characteristics of the products offered
The products offered are those listed in the catalogue published on the site. These products are offered within the limits of available stocks. Each product is accompanied by a description drawn up by the company according to the descriptions provided by the company. The photographs of the products in the catalogue reflect a faithful image of the products offered but are not contractual insofar as they cannot ensure a perfect similarity with the physical products. The customer service department of this site can be reached by e-mail at the following address: retail@orca.eu or by post at the address indicated in the legal notice, in which case the company undertakes to provide a reply within 14 days.
The Products presented on the site are offered for sale in the following territories: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom and Switzerland.
Not eligible: Greece, Malta, Cyprus.
In the event of an order to a country other than Belgium, the Professional Customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
Article 4 - Tariffs
The products are supplied at the Company's prices in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Client. These prices are firm and non-revisable during their period of validity, as indicated by the Company.
These prices are expressed in Euros, exclusive of tax, ex-works and packaging not included. They do not include cutting costs, transport, customs duties, any VAT charges and insurance, which shall be borne by the Customer.
The transport costs to be paid by the Customer vary according to the weight of the package(s), for more information please consult the delivery price table (link to delivery weight/price table).
Special pricing conditions may be applied according to the specificities requested by the Client, in particular concerning delivery terms and deadlines, or payment terms and conditions. The Company will then send the Client a special commercial offer.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Company reserving the right, outside this period of validity, to modify the prices at any time.
In the event of a price error, if the price was clearly derisory in relation to the real value of the Product, the Company reserves the right to cancel the order.
Any specific orders from the Client may be considered. In this case, they shall be subject to a prior estimate accepted by the latter. The estimates drawn up by the company are valid for a period of 30 days from the date of their establishment.
An invoice is drawn up by the Company and given to the Client upon delivery of the Products ordered.
Article 5 - On-line purchase methods
The term "shopping cart" is defined below as the immaterial object grouping together all the goods selected by the user of the site with a view to a purchase by clicking on these objects. Once the user considers that he has selected and added to his basket all the items he wishes to purchase, he will have the possibility, in order to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page where he will be informed of the number and characteristics of the products ordered, as well as their unit price.
If he/she wishes to validate his/her order, the Internet user must tick the box relating to the ratification of the present general conditions of sale and click on the validation button. The Internet user will then be redirected to a page where he/she must fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, which is necessary for the proper processing of the order. The information provided by the Customer when placing an order is binding. In the event of an error or incomplete information in the recipient's details, the company cannot be held responsible for the non-receipt or pending receipt of a parcel, nor for the final quality of the delivery.
Once the Internet user has completed the form, he/she will be invited to make his/her payment using the payment methods listed in the section of these general conditions relating to payments. After a few moments, the Internet user will be sent an order confirmation e-mail, reminding him/her of the content of the order and the price of the latter. The products and articles sold remain the property of the seller until full payment of their price, in accordance with this reservation of ownership clause.
Any changes requested by the Client will only be taken into account, within the limits of the Company's possibilities and at its sole discretion, if they are notified in writing at the time of the order of the Products ordered, and with the signature by the Client of a specific order form and possible price adjustment.
Article 6 - Terms of payment
The price is payable in full on the day the order is placed by the Customer, by means of secure payment by bank cards: Credit Card, Visa, MasterCard, American Express, other bank cards.
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding amounts.
Payment data is exchanged in encrypted mode using the TLS 1.2 protocol and more recent versions of the TLS protocol.
The data recorded by the Company constitutes proof of all transactions between the Company and its customers. The contract is archived in computerised form. The data recorded by the secure payment system constitutes proof of the financial transactions.
Article 7 - Shipping and delivery time
The Products purchased by the Client will be delivered within a maximum of 96 working hours from the date of receipt by the Company of the order form and the net payment of the order.
The Company shall not be liable in any way for any delay or suspension of delivery attributable to the Client or in the event of force majeure.
Delivery shall be made to the address indicated by the Client by delivery to the Company's premises, to a shipper or carrier, with the products travelling at the Client's risk.
Delivery and handover of the Products may take place at any other place designated by the Customer, subject to the Customer indicating the level of delivery before the Products are dispatched, at the Customer's sole expense.
Likewise, in the event of special requests from the Client concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Company, the related costs will be the subject of a specific additional invoice.
The Customer is required to check the apparent condition of the Products upon delivery. In the absence of reservations expressly made by the Customer upon delivery, the Products delivered by the Supplier shall be deemed to be in conformity in quantity and quality with the order.
Delivery is the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Company shall bear the transport risk and shall be obliged to reimburse the non-professional Client in the event of damage caused during transport.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Seller, the costs associated with this shall be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
All Customers are required to check the condition of the products delivered. They have a period of 15 days from the date of delivery to express in writing (by post or e-mail) any reservations or claims for non-conformity or apparent defects of the Products delivered (for example, a damaged package that has already been opened, etc.), with all the relevant supporting documents (in particular, photographs). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Company.
The Company shall refund or replace, as soon as possible and at its own expense, the Products delivered for which the lack of conformity or the apparent or hidden defects have been duly proven by the Client, under the conditions provided for by the law and those provided for in these General Terms of Sale (see Article 10 "Guarantee for products purchased on this site").
Article 8 - Transfer of ownership and risk
The transfer of ownership of the Products to the Customer will only take place once the price has been paid in full by the Customer, regardless of the delivery date of the Products.
The transfer to the Professional Client of the risks of loss and deterioration shall be effected upon acceptance of the order form by the Company, materialising the agreement of the parties on the item and on the price, independently of the transfer of ownership.
Regardless of the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only be realised at the moment when the non-professional Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
Article 9 - Right of withdrawal
In accordance with the legal provisions in force, the non-professional Customer has a period of fourteen days from receipt of the Product to exercise his right of withdrawal from the Company, without having to justify his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within fourteen days of communication of the decision to withdraw, together with notification to the Seller of the Customer's decision to withdraw.
Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be put back on the market in new condition, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products will not be taken back.
The right of withdrawal may be exercised online, using the withdrawal form available on the website (link), in which case the Company will immediately send the Client an acknowledgement of receipt on a durable medium, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the above-mentioned period, only the price of the Product(s) purchased and the delivery costs shall be reimbursed; the return costs shall be borne by the Customer.
The refund will be made within 14 days of receipt of the products by the Company.
Article 10 - Guarantee for products purchased on this site
All items purchased on this site benefit from the following legal guarantees provided by articles 1641 and following of the Civil Code:
Guarantee for all customers :
The seller is obliged to deliver goods in conformity with the contract and to be liable for any lack of conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product, and the seller shall be liable for any lack of conformity that becomes apparent within two years of the date of taking possession.
Where the defect appears within 6 months of this date, the seller is presumed to have been present when the goods were delivered. On the other hand, after this 6-month period, it is up to the customer to prove that the defect existed at the time of taking possession of the goods.
Warranty of hidden defects :
The customer may request the exercise of the guarantee for hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the product for example), and are sufficiently serious (the defect must either render the product unfit for the use for which it is intended, or diminish this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price if he had known about the defect).
The products supplied by the seller on the present site benefit, in addition to the legal guarantee which is, if necessary, always applicable to them, from a guarantee specific to the site and provided by PENNEL & FLIPO SA, under the following conditions: 5 years for fabrics and 12 months for products with an expiry date.
Complaints, requests for exchange or reimbursement for a non-conforming product must be made by post or by e-mail to the addresses indicated in the legal notices of the site. The cost of returning the goods is at the buyer's expense.
In case of non-conformity of a delivered product, it can be returned to the seller who will exchange it. If it is impossible to exchange the product (obsolete product, out of stock, etc.) the buyer will be reimbursed the amount of his order on the card used for payment.
Article 11 - Customer service
If you have any questions, please contact our customer service:
- On the website: https://orcaretail.com
- By e-mail: retail@orca.eu
Article 11 - Intellectual property
The Company retains all industrial and intellectual property rights relating to the Products, photos and technical documentation, which may not be communicated or executed without its written authorisation.
Article 12- Personal data
The personal data collected from Customers is subject to computer processing by the Company. It is recorded in its Customer file and is essential for processing the order. This information and personal data are also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as necessary for the execution of orders and any applicable guarantees.
The data controller is the Company. Access to personal data will be strictly limited to the employees of the data controller who are authorised to process them by virtue of their duties. The information collected may be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the Client's authorisation being necessary.
Third parties have only limited access to the data in the context of the performance of their services and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Company shall not sell, rent, transfer or give access to third parties to the data without the prior consent of the Client, unless it is obliged to do so for a legitimate reason.
If the data is to be transferred outside the EU, the Buyer will be informed and the safeguards taken to secure the data (e.g. adoption of standard protection clauses validated by the Data Protection Authority, adoption of a code of conduct, obtaining certification, etc.) will be specified.
In accordance with the applicable regulations, the Customer has a right of access, rectification, deletion and portability of the data concerning him/her, as well as the right to object to the processing for legitimate reasons, which he/she may exercise by contacting the data controller at the following postal or e-mail address Boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium or dpo@orca.eu.
In the event of a complaint, the Customer may submit a complaint to the Data Protection Authority.
For more information: link to Data Protection Policy.
Article 13 - Anticipation
In the event of a change in circumstances unforeseeable at the time of the conclusion of the contract, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its contracting party.
Article 14 - Force majeure
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations as described herein is due to force majeure.
Article 15 - Framework of conditions
If any provision of the Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sub-licensable by the user himself. A printed version of the Terms and Conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these Terms and Conditions shall be in the English or French language.
Article 16 - Applicable law and mediation
The present general conditions are subject to the application of Belgian law, unless otherwise stipulated. They may be modified at any time by the site editor or his representative. The general conditions applicable to the user are those in force on the day of his order or his connection to the present site. The company undertakes, of course, to keep all its previous general conditions and to send them to any user who requests them.
Except for provisions of public order, all disputes that may arise in the context of the execution of these general conditions may, before any legal action is taken, be submitted to the site editor for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action.
Any dispute arising from the interpretation and execution of the present General Terms and Conditions of Sale shall fall under the exclusive jurisdiction of the Belgian courts. Unless otherwise provided for by law, only the courts of the judicial districts of Hainaut are competent to take cognizance of disputes between the Clients and PENNEL & FLIPO SA.
Consumer mediation
In accordance with Book XVI of the Code of Economic Law, PENNEL & FLIPO SA offers its private customers the Consumer Mediation Service, whose contact details are as follows, in the event of disputes which cannot be resolved amicably:
Consumer Mediation Service
Boulevard du Roi Albert II 8, 1000 Brussels
Tel: +32 2 702 52 20
Fax: + 32 2 808 71 29
Email : contact@mediationconsommateur.be
Website: https: //mediationconsommateur.be
It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
Article 17 - Acceptance by the Client
The present general terms and conditions of sale as well as the prices indicated on the site are expressly approved and accepted by the Client, who declares and acknowledges having perfect knowledge of them, and thus renounces the right to take advantage of any contradictory document and, in particular, his own general terms and conditions of purchase.
