General terms and conditions of sale
Article 1 – Definitions
We will subsequently designate:
– « Website »: the website https://www.leseditionsthalie.com and all of its pages. – « Products »: all (tangible) products and (intangible) services that can be purchased or subscribed on the website. – « Publisher »: the person, legal or physical, responsible for the edition and content of the website, and presented in the disclaimer of the website. – « User »: the Internet user visiting and using the website. – « Customer »: the Internet user purchasing a product or service on the website.
Article 2 – Information required by the law on confidence in the digital economy and purpose of the Website
Article 3 – Characteristics of the Products and services offered
The Products and services offered are those listed in the catalogue published on the Website. These Products and services are offered within the limits of available stocks. Each Product is accompanied by a description drawn up by the Editor according to the descriptions provided by the supplier. The photographs of the Products in the catalogue reflect a faithful image of the Products and services offered but are not contractual insofar as they cannot ensure a perfect similarity with the physical Products. The Customer service department of this Website is accessible by e-mail at the following address: email@example.com or by post at the address indicated in the disclaimer, in which case the Editor undertakes to provide a reply within 7 days.
Article 4 – Prices
Unless otherwise stated, the prices listed in the catalogue are in Euros and include all taxes, taking into account the Value Added Tax (VAT) applicable on the day of the order.
Les Éditions Thalie reserves the right to pass on any change in the VAT rate to the price of Products or services. The Editor also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalogue on the day of the order will be the only one applicable to the Customer.
Article 5 – Exemption from the Editor’s liability in connection with the execution of this contract
In the event of impossibility of access to the Website, due to technical problems or of any nature, the User will not be able to claim any damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limitative duration, of one or more Products, cannot be constitutive of a prejudice for the Internet Users and cannot in no way give place to the granting of damages on behalf of the Website or its Editor. The photographs and visuals of the Products presented on the site have no contractual character, the responsibility of the Editor of this Website cannot be committed if the characteristics of the objects differ from the visuals on the Website or if the latter are erroneous or incomplete.
The hypertext links present on this Website may refer to other websites and the responsibility of the Editor of this Website cannot be engaged if the content of these websites contravenes the legislation in force. Similarly, the Editor of this Website cannot be held liable if the visit of one of these websites by the Internet User causes him/her harm.
Article 6 – Intellectual property rights relating to the elements published on this Website
All the elements of this Website belong to the Editor or to a third party agent, or are used by the Editor on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is strictly forbidden and is considered as counterfeiting. Any member who is guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Editor of this Website or his or her agent.
Article 7 – Brands
The brands and logos contained in the Website are registered by Les Éditions Thalie or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and rediffusions incurs the sanctions envisaged by the law.
Article 8 – Limitation of responsibility
The Website Editor cannot be held responsible for any damage resulting from the use of the Internet such as loss of data, intrusion, virus, breakdown of the Website’s service, or others. The Website Editor, particularly in the online sales process, is only bound by an obligation of means. The Website Editor cannot be held responsible for the non-execution of the contract concluded, due to the occurrence of an event of force majeure. With regard to the Products purchased, the Editor shall not be held liable for any indirect damage, operating loss, loss of profit, damage or expenses that may arise as a result of the present. The choice and the purchase of a Product or a service are under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, cannot give rise to any compensation, reimbursement or questioning of the responsibility of the Editor, except in the case of a proven hidden defect, non-conformity, defectiveness or the exercise of the right of withdrawal if applicable, i.e. if the Customer is not a professional and the contract concluded to acquire the good or service allows withdrawal, according to the articles of Book VI of the Code of Economic Law. In the event of non-delivery of an order or part of an order, the Customer has 60 days from the scheduled delivery date to manifest himself/herself in order to automatically cancel the order by sending a registered letter with acknowledgement of receipt. After this period, no claim will be accepted. The User expressly admits to using the Website at his/her own risk and under his/her exclusive responsibility. The Website provides the User with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, Les Éditions Thalie can in no way be held responsible:
– of any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of clientele, loss of data, etc., which may result from the use of the Website or, on the contrary, from the impossibility of using it;
– malfunctioning, unavailability of access, misuse, poor configuration of the User’s computer, or the use of a browser not frequently used by the User;
– the content of advertisements and other external links or sources accessible by the User from the site.
Article 9 – Access to the Website
The Website Editor cannot be held responsible for the technical unavailability of the connection, whether this is due to a case of force majeure, maintenance, an update, a modification of the Website, an intervention by the host, an internal or external strike, a network failure, a power cut, or a poor configuration or use of the User’s computer.
Article 10 – Applicable law and conciliation
The present General Terms and Conditions are subject to the application of Belgian law. They may be modified at any time by the Website Editor or his representative. The General Terms and Conditions applicable to the User are those in force on the day of his order or his connection to this Website. The Editor undertakes, of course, to keep all its former General Terms and 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 Terms and Conditions may, before any legal action, be submitted to the Website Editor for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the time limits for bringing legal action. Unless otherwise provided for by public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Court of Appeal seized.
In accordance with Book XVI of the Code of Economic Law, Les Éditions Thalie offers its private Customers, in the context of disputes that have not been resolved amicably, the Consumer Mediation Service, whose contact details are as follows: Consumer Mediation Service- Boulevard du Roi Albert II 8, 1000 Brussels- Tel: 02 702 52 20- Fax: 02 808 71 29- E-mail: firstname.lastname@example.org- Site: http://mediationconsommateur.be
It is reminded that conciliation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to the courts.
A “Cookie” allows the identification of the User of a website, the personalization of his consultation of the Website and the acceleration of the display of the Website thanks to the recording of a data file on his computer. The Website is likely to use “Cookies” mainly to 1) obtain navigation statistics in order to improve the User’s experience, and 2) allow access to a member’s account and to content that is not accessible without logging in. The User acknowledges that he/she is aware of this practice and authorizes the Website Editor to use it. The Editor undertakes never to communicate the content of these “Cookies” to third parties, except in the case of legal requisition. The User may refuse the recording of “Cookies” or configure his browser to be warned before accepting “Cookies”. To do this, the User must set up his browser: – For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies – For Safari: https://support.apple.com/fr-fr/ht1677 – For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on – For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies – For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Article 12 – Method of placing orders and description of the purchasing process
The term “Basket” is defined below as the immaterial object grouping together all the goods or services selected by the User of the Website with a view to a purchase, having clicked 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 Terms and Conditions of Sale and click on the validation button. The Internet User will then be redirected to a page where he/she will have to 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. Once the Internet User has completed the form, he/she will then 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 e-mail confirming the order, 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.
Article 13 – Payment information
The Internet User may place an order on this Website and may pay by credit card. Payments by credit card are made by means of secure transactions provided by an online payment platform provider. This Website does not have access to any data relating to the User’s payment methods. Payment is made directly to the bank or payment service provider receiving the Customer’s payment. In the event of payment by cheque or bank transfer, the delivery periods defined in the article below only begin to run from the date of effective receipt of the payment by the seller, the latter being able to provide proof of this by any means. The availability of Products is indicated on the Website, in the description of each article.
Article 14 – Delivery or provision
Delivery costs will be indicated to the Customer before payment. Unless otherwise stated on the Website during the ordering process or in the description of the Products ordered, the Editor undertakes to deliver the Products within a maximum of one working week after receipt of the order. The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged package, broken products…); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reserves, accompanied by the Customer’s signature. In order to exercise his/her right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him/her take back the damaged goods. If the Customer fails to comply with these instructions, he will not be able to exercise his right of refusal, and Les Éditions Thalie will not be obliged to grant the Customer’s request to exercise his right of refusal. If the Customer’s package is returned to the Editor by post, the Editor will contact the Customer upon receipt of the returned package to ask him/her what action to take on his/her order. If the Customer has mistakenly refused the package, he/she may request that the package be returned by paying the postage for the new shipment in advance. The postal charges must be paid even for orders for which the delivery charges were offered at the time of the order. In the event of a delivery error or exchange (if the right of withdrawal is applicable in accordance with Article 53 of Book VI of the Code of Economic Law), any Product to be exchanged or reimbursed must be returned to Les Éditions Thalie in its entirety and in perfect condition. Les Éditions Thalie cannot be held responsible for any defect resulting from the Customer’s clumsiness or false manoeuvre. In accordance with Article 53 of Book VI of the Code of Economic Law, and if the right of withdrawal is applicable, the Customer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request an exchange or refund without penalty, with the exception of the return costs, within fourteen days from receipt by Les Éditions Thalie of the request for refund. The Product must be returned in perfect condition. If applicable, it must be accompanied by all its accessories. If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the product will be returned at his expense. It is recommended to the Customer to return the product by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach Les Éditions Thalie, it will not be possible to launch an investigation with the postal services in order to ask them to locate it. The return costs in the event of withdrawal remain at the expense of the Customer. After receipt and acceptance of the complaint, Les Éditions Thalie will communicate by email, fax or telephone to the Customer the terms of exchange or refund of the Products. In order to process the request correctly, the Customer is requested to attach a copy of the invoice to any complaint. The refund will be made by cheque or bank transfer. Any delay in delivery of more than seven working days may result in the cancellation of the sale at the initiative of the Customer, on his written request by registered letter with acknowledgement of receipt. The Customer will then be reimbursed, within a maximum period of fourteen days, for the sums he/she has committed to the order. This clause is not intended to apply if the delay in delivery is due to a case of force majeure. In such a case, the Customer undertakes not to take legal action against the Website and its Editor and waives the right to invoke the cancellation of the sale provided for in this article.
Article 15 – Warranty related to products purchased on this Website
All Products purchased on this Website benefit from the following legal guarantees, provided for in 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 was to exist on the day of taking possession of the Product, and the seller shall be liable for any lack of conformity that becomes visible within two years of this date.
If the defect appears within six months of this date, it is presumed to have been present at the time of delivery of the goods. However, after this six-month period, it is up to the Customer to prove that the defect existed at the time he took possession of the goods.
Guarantee for 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 Customer would not have bought the Product or would not have bought it at such a price if he had known about the defect).
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 on the Website. The cost of returning the goods is at the Customer’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 Customer will be reimbursed by cheque or bank transfer for the amount of his order.
Article 16 – Digital archiving
Les Éditions Thalie will archive the order forms and invoices on a reliable and durable medium constituting a true copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 17 – Framework conditions
If any provision of the General Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the General Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These General Terms and Conditions describe the entire agreement between the User and the Website. They supersede all prior or contemporaneous written or oral agreements. The General Terms and Conditions are not assignable, transferable or sub-licensable by the User himself. A printed version of the General Terms and Conditions and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the General Terms and Conditions. The parties agree that all correspondence relating to these General Terms and Conditions shall be in the French language.
Article 18 – Notifications
Any notification or notice concerning these General Terms and Conditions, the disclaimer or the personal data charter must be made in writing and must be delivered by hand, registered or certified mail, by seeing a nationally recognized courier service that allows you to follow up on your packages regularly, or by e-mail to the addresses indicated in the site’s legal notices, specifying your full name, contact details and the subject of the notice.
Article 19 – Claims
Any claim related to the use of the Website, the service offered on this Website, or any other related service, the pages of the Website on any social networks or the General Terms and Conditions, legal notice or personal data policy must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred in court.
Article 20 – Misstatements
It is possible that the Website and the services offered may contain misstatements or errors, or information that is not in accordance with the General Terms and Conditions, the disclaimer or the personal data charter. Furthermore, it is possible that unauthorized modifications are made by third parties on the Website or on related services (social networks, etc.). In such a situation, the User has the possibility to contact the Editor of the Website by post or by e-mail at the addresses indicated in the disclaimer of the Website, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.
Article 21 – Withdrawal form
In accordance with Article 47 of Book VI of the Economic Law Code, the Customer can find below a standard withdrawal form for an order placed on the Website, to be sent to Les Éditions Thalie by registered mail with acknowledgement of receipt. It is understood that the Customer will bear the cost of returning the goods in the event of withdrawal, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by post, and that this withdrawal can only take place under the withdrawal conditions stipulated in these General Terms and Conditions of Sale.
(Please complete and return this form only if you wish to withdraw from the contract)
To the attention of Les Éditions Thalie, 15 rue Buchholtz, 1050 Brussels (email@example.com)
I/we (*) hereby notify you (*) of my/our (*) withdrawal, in accordance with Article 53 of Book VI of the Code of Economic Law, from the contract for the sale of the following goods (*)/services (*):
Ordered on (*)/received on (*) :
Name of the Customer(s) :
Address of Customer(s) :
Counting on your full cooperation, I remain sincerely yours.
Signature of the Client(s) (only in case of notification of this form on paper) :
(*) Delete as appropriate.
Article 22 – Exceptions to the right of withdrawal
The Website offers the sale of the following Products, for which the right of withdrawal cannot be applied, by virtue of Article 53 of Book VI of the Code of Economic Law: sealed packaging. The Customer acknowledges that he/she is aware of this list, which may be recalled during the sales process and which requires for the waiver to be valid an express waiver by the Customer of his/her right of withdrawal (for services starting immediately after the purchase and fully executed before the end of the withdrawal period, and for digital content that is not provided on a material support and for which the execution of the contract starts immediately after the purchase), and thereby waives his/her right of withdrawal.
Rights reserved – March 10th of 2021