Article 1 – Definitions
We will subsequently designate:
– Website’: the site https://leseditionsthalie.com and all its pages.
- Products’ : all the products (material) and services (immaterial) that it is possible to buy or subscribe to on the site.
- Publisher’ : The person, moral or physical, responsible for the edition and the contents of the site, and presented in the legal mentions of the site.
– User’ : The Internet user visiting and using the site.
– Customer’: The Internet user purchasing a product or service on the site.
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 catalog published on the site. These products and services are offered within the limits of available stocks. Each product is accompanied by a description established by the publisher according to the descriptions provided by the supplier. The photographs of the products in the catalog 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 of this site is accessible by e-mail at the following address: firstname.lastname@example.org or by mail at the address indicated in the legal notices, in which case the publisher undertakes to provide an answer within 7 days.
Article 4 – Prices
Unless otherwise stated, the prices appearing in the catalog are in Euros, all taxes included (TTC), taking into account the VAT applicable on the day of the order. Editions Thalie reserves the right to pass on any change in the VAT rate to the price of the products or services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only one applicable to the buyer.
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 site, because of technical problems or of any nature, the user will not be able to prevail himself of a damage and will not be able to claim with any allowance. The unavailability, even prolonged and without any limitative duration, of one or more products, cannot be constitutive of a prejudice for the Net surfers and cannot in no way give place to the granting of damages on behalf of the site or its Publisher. The photographs and visuals of the products presented on the site have no contractual character, the responsibility of the Publisher of this site could not be committed if the characteristics of the objects differ from the visuals present on the site or if these last ones are erroneous or incomplete. The hypertext links present on the present site can refer to other Internet sites and the responsibility of the Publisher of the present site could not be committed if the contents of these sites contravene the legislations in force. Similarly, the responsibility of the Publisher of the present site could not be engaged if the visit, by the Internet user, of one of these sites, would cause him a prejudice.
Article 6 – Intellectual property rights relating to the elements published on this Website
All the elements of the present site belong to the Publisher or to a third party agent, or are used by the Publisher 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 rigorously prohibited and is similar to counterfeiting. Any member who would be guilty of counterfeiting would be likely to see his account deleted without notice or compensation and without this deletion being able to be constitutive of a damage to him, without reserve of possible later legal proceedings against him, at the initiative of the Publisher of the present site or his agent.
Article 7 – Brands
The brands and logos contained in the site are registered by Les Editions Thalie or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, diffusions and reruns incurs the sanctions foreseen by the law.
Article 8 – Limitation of responsibility
The responsibility of the publisher of the site could not be committed for a damage resulting from the use of the Internet network such as loss of data, intrusion, virus, rupture of the service of the site, or others. The website Editor, particularly in the process of online sales, is only bound by an obligation of means. The site Publisher cannot be held responsible for the non-execution of the contract concluded, due to the occurrence of an event of force majeure. Concerning the bought products, the Publisher will not incur any responsibility for all indirect damage because of the present, operating loss, loss of profit, damage or expenses, which could occur. The choice and the purchase of a product or a service are placed under the only responsibility of the customer. The total or partial impossibility of using the products, in particular because of incompatibility of the material, cannot give rise to any compensation, reimbursement or questioning of the responsibility of the Publisher, except in the case of a proven hidden defect, of non-conformity, of defectiveness or of 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 the withdrawal, according to the articles of the book VI of the Code of Economic Law. In case of non-delivery of an order or part of an order, the customer has 60 days from the date of delivery to manifest himself in order to automatically cancel the order by sending a registered letter with acknowledgment of receipt. Beyond this period, no claim will be accepted. The user expressly admits using the site at his own risk and under his exclusive responsibility. The site provides the user with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any case, Les Editions Thalie can in no way be held responsible :
– any direct or indirect damage, in particular regarding loss of profits, loss of earnings, loss of customers, loss of data that may result from the use of the site, or on the contrary from the impossibility of its use;
– malfunction, unavailability of access, misuse, poor configuration of the user’s computer, or the use of a browser little used by the user;
– the content of advertisements and other links or external sources accessible by the user from the site.
Article 9 – Access to the Website
The responsibility of the publisher of the site cannot be engaged because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, to a maintenance, to an update, to a modification of the site, to an intervention of the host, to an internal or external strike, to a breakdown of network, to a cut of electric supply, or still to a bad configuration or use of the user’s computer.
Article 10 – Applicable law and conciliation
The present general conditions are subject to the application of Belgian law. They can be modified at any time by the publisher of the site 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 Publisher undertakes of course to keep all his former general conditions and to send them to any user who requests them. Except for provisions of public order, all disputes which could arise within the framework of the execution of the present general conditions could, before any legal action, be submitted to the appreciation of the Publisher of the site with a view to a friendly settlement. It is expressly recalled that the requests for amicable settlement do not suspend the time limits opened to bring legal actions. 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.
In accordance with Book XVI of the Code of Economic Law, Fondation Thalie, via its brand Les Editions Thalie, offers its private customers, in the case of disputes that have not been resolved amicably, the Consumer Mediation Service, whose contact details are as follows Service of Mediation for the Consumer- Boulevard du Roi Albert II 8, 1000 Brussels- Tel : 02 702 52 20- Fax : 02 808 71 29- E-mail : email@example.com- Site : http://mediationconsommateur.be It is reminded that mediation is not compulsory but only proposed in order to solve the litigations by avoiding a recourse to justice.
A “Cookie” allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use “Cookies” mainly to 1) obtain navigation statistics in order to improve the User’s experience, and 2) to allow access to a member’s account and to content that is not accessible without logging in.The User acknowledges being informed of this practice and authorizes the site’s publisher to use it. The Publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the case of legal requisition. The User can refuse the registration of “Cookies” or configure his browser to be warned before the acceptance of “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
Below, we define as “Basket” the immaterial object gathering all the goods or services selected by the user of the site in view of 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 buy, he will have the possibility, 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 wishes to validate his order, the Internet user will have to check the box relating to the ratification of the present general conditions of sale and click on the button of validation. 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 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 receive 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 the present clause of property reserve.
Article 13 – Payment information
The Internet user can place an order on the present site and can make his payment by credit card.the payments by credit card are made by means of secured transactions provided by a provider of platform of on-line payment.the present site has access to no data relating to the means of payment of the user. The payment is made directly to the bank or payment provider receiving the payment from the Customer. In case of payment by check or bank transfer, the delivery time defined in the article below only starts to run from the date of effective receipt of payment by the seller, the latter being able to prove it by any means. The availability of the products is indicated on the site, in the descriptive card of each article.
Article 14 – Delivery or provision
The delivery costs will be indicated to the customer before any payment. Unless otherwise stated on the site during the ordering process or in the description of the products ordered, the publisher undertakes to deliver the products within a maximum of one working week after receipt of the order. The purchaser can refuse a parcel at the time of the delivery if he notices an anomaly concerning the delivery (damage, missing product compared to the delivery order, damaged parcel, broken products…); any anomaly will have then imperatively to be indicated by the purchaser on the delivery order, in the form of handwritten reserves, accompanied by the signature of the purchaser. To exercise his right of refusal, the buyer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. If the buyer does not comply with these prescriptions, he will not be able to exercise his right of refusal, and Fondation Thalie will not be obliged to accede to the buyer’s request to exercise his right of refusal. If the buyer’s package is returned to the Publisher by post, the Publisher will contact the buyer upon receipt of the returned package to ask him/her what to do with his/her order. If the purchaser has mistakenly refused the package, the purchaser 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 where the shipping costs were offered at the time of the order. In case of delivery error or exchange (if the right of withdrawal is applicable according to article 53 of book VI of the Economic Law Code), any product to be exchanged or refunded must be returned to Les Editions Thalie c/o Fondation Thalie in its entirety and in perfect condition. Fondation Thalie cannot be held responsible for any defect resulting from the buyer’s clumsiness or false maneuver. In accordance with article 53 of book VI of the Code of Economic Law, and if the right of retraction is applicable, the consumer has a period of 14 working days from the date of delivery of his order to return any article that does not suit him and to ask for an exchange or a refund without penalty, except for the cost of return, within fourteen days from the receipt by Les Editions Thalie of the request for refund. The product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. If the previous obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned at his expense. It is recommended to the buyer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach Les Editions Thalie c/o Fondation Thalie, it will not be possible to launch an inquiry with the postal services in order to ask them to locate it. The return costs in case of retraction remain at the buyer’s charge. After reception and acceptance of the claim, Les Editions Thalie will communicate by email, fax or telephone to the buyer the modalities of exchange or refund of the products. In order to correctly process the request, the customer is asked to attach a copy of the invoice to any claim. The refund will be made by check or transfer. Any delay of delivery higher than seven working days can involve the resolution of the sale at the initiative of the consumer, on written request of its share by registered letter with acknowledgement of delivery. The consumer will then be refunded, within a maximum of fourteen days, of the sums he has committed to his 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 site and its publisher and waives the right to invoke the resolution of the sale provided for in this article.
Article 15 – Warranty related to products purchased on this Website
All items purchased on the present site benefit from the following legal guarantees, provided for in articles 1641 and following of the Civil Code. The seller is required to deliver goods in conformity with the contract and to respond to any defects in conformity existing during the delivery of the goods. The guarantee of conformity can be exercised if a defect should exist on the day of taking possession of the product, and the seller is responsible for any lack of conformity that would become visible within two years from the date of delivery.
When the defect appears within 6 months after this date, it is presumed to have been present at the time of delivery of the goods. On the other hand, after this 6-month period, it will be up to the customer to prove that the defect existed at the time of taking possession of the goods.
Hidden defects guarantee The customer may request the exercise of the hidden defects guarantee 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). Claims, requests for exchange or refund for a product that does not conform must be made by mail or email to the addresses listed in the legal notices of the site. The shipping costs for the return of the goods are at the expense of the buyer. In case of non conformity of a delivered product, it can be returned to the seller who will exchange it. In case of impossibility of exchange of the product (obsolete product, out of stock, etc.) the purchaser will be refunded by check or transfer of the amount of his order.
Article 16 – Digital archiving
Les Editions Thalie will archive the order forms and invoices on a reliable and durable support that constitutes a faithful copy. The computerized registers will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.
Article 17 – Framework conditions
If any provision of the Terms and Conditions shall be deemed unlawful, void or for any other 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 any 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 French language.
Article 18 – Notifications
Any notification or notice concerning the present general conditions, the legal notices 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 your packages regularly, or by e-mail to the addresses indicated in the legal notices of the site, specifying your name, first name, contact information and the subject of the notice.
Article 19 – Claims
Any claim related to the use of the website, the service offered on this site, or any other related service, the pages of the site on any social networks or the general conditions, legal notice or personal data charter must be filed within 365 days following the day of origin of the problem that is the source of the claim, and this 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 contain inaccuracies or errors, or information that is not in accordance with the general conditions, the legal notice or the personal data charter. In addition, it is possible that unauthorized modifications are made by third parties on the site or on related services (social networks…). In such a situation, the user has the possibility to contact the Publisher of the site by mail or by email at the addresses indicated in the legal mentions of the site, 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 retraction form for an order placed on the website, to be sent to Les Editions 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 retraction, as well as the cost of returning the goods if, due to their nature, they cannot normally be returned by post, and that this retraction can only take place under the conditions of retraction stipulated in the present general 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 (firstname.lastname@example.org)
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 site offers the sale of the following Products, for which the right of withdrawal cannot be applied, pursuant to Article 53 of Book VI of the Economic Law Code: sealed packaging. The customer acknowledges having read this list, which may be recalled during the sales process and require for the waiver to be valid an express waiver by the customer of his right of withdrawal (for services beginning immediately after purchase and fully executed before the end of the withdrawal period, and for digital content that is not provided on a physical medium and for which the execution of the contract begins immediately after purchase), and thereby waives his right of withdrawal.
Rights reserved – March 10th of 2021