General Sales Conditions
Users are requested to read these general conditions before placing an order! If you are under the age of 18, you must have permission from a parent or guardian before placing an order and/or proceeding with payment.
The commercial website http://www.babiage.com/ (hereinafter referred to as the "Website") is an electronic commerce website accessible via the Internet, open to any user of this network (hereinafter referred to as "Web Users"). It is produced by Babilover (hereinafter referred to as "Babiage"), SPRL whose registered office is located at Drève de l’Infante 29B, 1410 Waterloo, Belgium, VAT – BE 0521 914 933.
The Website enables Babiage to offer products under the Babiage trading name for sale (hereinafter referred to as the "Products") to Web Users browsing on the Website (hereinafter referred to as "Users"). In application of the present document, it is agreed that the User and Babiage shall jointly be referred to as the "Parties" and individually as the "Party", and that Users who have confirmed an order shall thereafter be referred to as the "Buyer". The rights and obligations of the User shall necessarily apply to the Buyer.
A User wishing to make a purchase on the Website shall be deemed to have full legal capacity. However, any person deemed incapable within the meaning of article 1123 ff. of the Civil Code, if they are completely unable to make a purchase on the website and wish to acquire the capacity of Buyer, may be deemed a User of the Website. The viewing of the Website and of the services it offers are then under the responsibility of their legal representative. This legal representative shall be required to respect the present provisions. In any event, during the transmission of personal information, the legal representative may themselves complete the registration form or explicitly authorise the person they represent to complete the aforementioned form, with the provisions relating to personal information as stated in article 7 below remaining in full application.
The order will be honoured subject to the ability of Babiage to refuse. An order may not be honoured in the event of an error in the pricing or in the absence of payments for previous orders.
Any order for a Products offered on the Website assumes the consultation and explicit acceptance of the present general sales conditions, although this acceptance is conditional upon a handwritten signature on the part of the User. In accordance with the provisions of the law of 9 July 2001 setting certain rules relating to the legal framework for electronic signatures and certification services, please note that the confirmation of the purchase order as stated in article 3.3 below constitutes an electronic signature which, between the Parties, shall have the same value as a handwritten signature, proving the entire agreement and the payability of the amounts owed in performance of the aforementioned order.
Finally, please note that the User may save or print the present general sales conditions, as long as they are not modified in any way.
Article 1. Purpose
The aim of the present general sales conditions is to define, exclusively for relationships established over the Internet, the rights and obligations of the Parties participating in the online sale of Products offered on the Website.
The present document applies to online sales kin all countries.
Sales can be performed in the language chosen by the buyer.
Article 2. Products-Price
The Products offered on sale by Babiage are those which appear on the Website on the day that the Website is viewed by the User, while stocks last.
In the event that any Product is unavailable, the Buyer will be notified within three working days following the placing of the order.
Photographs and texts illustrating the Products are not contractual. If these photographs and/or texts are erroneous in nature, Babiage may not be held liable for this.
The prices are indicated in euros and are valid everywhere. They take into account any reductions, recycling contribution and VAT applicable on the date of ordering.
The prices do not include order administration fees, which are detailed in article 2.3. These shall be invoiced in complement - pursuant to the definitive confirmation of the order. The invoice shall be sent to the User at the time of delivery of the package containing the goods, along with the order administration fee.
The prices indicated are guaranteed up to the date given, while stocks last, notwithstanding any significant changes to charges and especially VAT, and failing any error or omission.
Babiage reserves the right, as accepted by the User, to change its prices at any time, but the Products will be invoiced based on the prices in force at the time of confirming the order, subject however to the availability of said Products.
2.3. Order administration fee
The order administration fee is a contribution to the shipping costs (postage and packing).
2.3.1. The contribution to the shipping costs (postage and packing) for packages varies based on the type of item ordered and its ultimate destination, based on Bpost offer.
The contribution to the shipping costs shall be paid in one, even if the order is delivered in more than one batch.
The contribution to the shipping costs shall only be due if you keep all or part of your order. In the event of a returned order, the postage costs shall be payable by you, unless the goods delivered do not match your order.
Article 3. Registration and Confirmation of Orders
3.1. Browsing the Website
Users may become aware of the various Products offered for sale by Babiage on its Website.
Users are free to browse the various pages on the Website with no commitment to place an order.
3.2. Registering an order
If the User wishes to place an order, they should choose the various Products in which they are interested, and demonstrate this interest by clicking on the box "Add to basket".
At any time, the User may:
• view a summary of the Products selected, by clicking on "My Basket",
• correct any mistakes made in entering order data by clicking on "Back"; corrections may no longer be made once the User has clicked on "Place an Order",
• end the selection of Products and order these Products by clicking on "Place Order"
To order selected Products, after clicking on "Place Order", Users must accurately complete the form provided, on which they should enter their identifying information, including their surname, first name and postal address. Users should provide an e-mail address so they can easily be contacted if necessary.
Users should be aware of the general sales conditions and accept them by clicking the button "I accept" in order to place their order.
Once the User has been identified, they should choose the delivery address (as given in article 4 below) . Then a purchase order will be displayed on-screen, summarising: the nature, quantity and price of the Products chosen by the User, as well as the total amount of the order (excluding administration costs as detailed in article 2.3), the User's contact details, and the delivery address for the Products. Users can select their chosen method of payment following the instructions detailed in article 6.
3.3. Definitive confirmation of the order
As soon as the User clicks on "Confirm my Order", they will definitively confirm their order: the order is recorded and the sale is definitively concluded. Users may no longer correct any errors made in entering their order details after this time. The User becomes a Buyer. The purchase order will be recorded on the Babiage IT registers, which are kept reliable over time, and shall be deemed as proof of the contractual relationship entered into between the Parties. The agreement will then be archived in electronic format for the exclusive use of Babiage.
In accordance with article 5 below, the Buyer has the right to terminate the order, without penalty or reason given, within a period of fourteen (14) calendar days as of the day following delivery of the Products by Babiage.
3.4. Order confirmation
As soon as the sale has been definitively concluded, an order summary will be sent by Babiage via e-mail, by the delivery of the Products at the latest, to the e-mail address provided by the Buyer at the time of ordering.
This confirmation shall include all the elements making up the agreement entered into by the Parties, and shall constitute proof of purchase between the Parties. It shall also constitute proof as to the availability, the price of the items and the shipping costs. The invoice sent to the User at the time of delivery of the package shall therefore include the price of the products, along with the order administration fee.
Article 4. Delivery
The following delivery deadlines shall be applied:
For all available items, the shipping date shall normally be 3 working days as of the date following the confirmation of the order by the Buyer.
In the event that the order cannot be performed within a maximum period of 30 working days, as of the day following the confirmation of the order by the Buyer, this latter shall have the right to cancel the Purchase. If their e-mail address has been provided to us, the customer shall be notified by e-mail.
4.2. Delivery address
The Products ordered by the Buyer shall be delivered to the address given by this latter on the purchase order.
In any event, the Products shall be routed by the standard postal services. Babiage shall therefore not be held liable for any excessive delivery delays caused by the postal services, or for the loss of ordered Products or for any strikes. The transportation risks shall be the responsibility of the Buyer, who should provided reasoned dispute to the postal services within a period three (3) working days as of delivery. Furthermore, it is hereby stated that the ownership of the ordered Products shall only be transferred to the Buyer upon full payment of the invoiced price, including shipping fees. All other risks of loss and damage relating to the Products shall be transferred to the Buyer upon delivery.
Article 5. Cooling-off period
The Buyer has a period of fourteen (14) calendar days to return the Product(s) ordered, at their own cost, without penalty or indication of reason. This period shall run from the day following the date of delivery of the order. The Product(s) should be returned in their original packaging and condition, unused and complete, to the following address: Babilover, Drève de l’Infante 29B - 1410 Waterloo, Belgium. Proof of return by post must be confirmed.
If the above mentioned conditions are fulfilled, Babiage shall reimburse the Buyer with the amounts paid by this latter, except for the cost of returning the Products, which shall remain the Buyer's responsibility, within a period of thirty (30) days as of the date that Babiage receives the package (Babiage's date of receiving the package shall be deemed to be the notification of the Buyer's usage of their cooling-off period).
If the Buyer requests reimbursement rather than exchange, this latter should provide their details (surname, first name, account number, e-mail address or telephone number so that they may be contacted if necessary) via e-mail to firstname.lastname@example.org.
If the items are returned because they do not match the order or if they have manufacturing defects, the postage costs will be reimbursed.
Article 6. Payment
All orders require a contribution of the shipping costs, as mentioned in article 2.3.
Upon confirmation of the order, the Buyer shall be requested to select one of the following payment methods:
1. Paypal/ Hipay: the Buyer should give their PayPal account number (as long as their account holds sufficient funds) or use the PayPal/ Hipay website to pay for their purchases by credit card (VISA, Mastercard, etc).
2. Standard payment, to the Babilover account (BE50 0016 9261 3018).
In any event, Babiage reserves the right to refuse any order or delivery due to:
• an ongoing dispute with the Buyer
• the full or partial non-payment of a previous order by the Buyer
• payment authorization rejection by credit/debit card issued by a banking institution
• non-payment or partial payment
Babiage shall under no circumstances be held liable.
Article 7. Guarantees
In the event of any anomaly upon receipt of the package, the Buyer may contact Babiage by telephone or e-mail.
7.1. Exchange or return of items
If the Buyer does not like an item, this latter shall have 14 calendar days to return this item in its original packaging. This period of 14 calendar days (10 working days) must be respected.
Any returned item must be complete and as new.
The following shall not be accepted as returns:
• items soiled or damaged by the Buyer.
• items not in their original packaging, incomplete items, items missing instructions, assembly instructions and/or parts or accessories.
• items damaged through negligence, misuse or which have been repaired by third parties or by the Buyer themselves.
• items returned in this state shall be kept by Babiage and made available to the Buyer, which shall be required to make payment for them.
In the event of abnormal or unreasonable returns, Babiage shall reserve the right to refuse any subsequent order.
The Buyer must provide proof of return by the postal services. (Important: the Buyer must keep their proof of return for a period of 3 months). The Buyer is prohibited from returning items with postage payable or against reimbursement. If the items are faulty, the postage costs will be reimbursed. In all other cases, the postage costs shall remain payable by the Buyer.
7.2. Legal guarantee
The Buyer shall have a legal guarantee against any failure of compliance in existence at the time of the delivery of their item, if they were unaware or could not be aware of the fault at the time of entering into the agreement, and if said fault arises within two years as of delivery. In this case, the Buyer may request either a repair to the item or a replacement. If neither of these solutions is possible, they may request a commensurate reduction in the price or the termination of the agreement, under the conditions set out by law (art. 1649b ff. of the Civil Code). To do this, the Buyer shall notify Babiage in writing within two months at the latest as of the date on which the fault was noted. If the fault appears within a period of 6 months following delivery, it shall, in principle, be the responsibility of Babiage to prove that the fault did not exist at the time of delivery. After a period of two years, the Buyer may no longer demand the repair or replacement of their item. Items with a normal lifespan of less than two years are only guaranteed for their normal lifespan.
AFTER SALES SERVICE/CORRESPONDENCE ADDRESS
All correspondence or procedure relating to the guarantees detailed in this article should be addressed or made to Babilover, Drève de l’Infante 29B à 1410 Waterloo, Belgium, or by telephone (02/351 32 13) or e-mail (email@example.com).
Article 8. Privacy protection with regard to the processing of personal information
The Buyer's personal information will be processed by S.P.R.L. Babilover, Drève de l’Infante, 29B, 1410 Waterloo, Belgium, VAT-BE 0521.914.933, Processing Manager, for the acceptance and processing of their order, the compilation of statistics, the general management of customer relations, including for marketing purposes for Babiage products.
The Buyer may access their information at any time and request rectifications, by post (Babilover – Drève de l’Infante 29B – 1410 Waterloo, Belgium) or e-mail (firstname.lastname@example.org), alongside a photocopy of the front and back of their identity card.
Further information regarding data protection relating to the processing of personal information can be obtained from the Commission de la Protection de la Vie Privée, Rue Haute, 139, B-1000 Brussels, Belgium.
8.1. Personal information
The provision of personal information collected as part of the mail ordering process is mandatory. This information is necessary for the processing and delivery of orders, and for the drafting of invoices. This information shall remain strictly confidential. Failure to provide said information shall lead to the automatic rejection of the order.
In accordance with the law of 8 December 1992 relating to data protection with regard to the processing of personal information, the processing of personal information on the Website shall be subject to a statement made to the "Commission de la protection de la vie privée" (Data protection committee). The User shall have the right to access, modify, rectify or remove their own personal information.
8.3. Web tags
Some web pages on the Website may sometimes include electronic images, or "web tags" which count the number of visitors to the page.
The information obtained using these tags simply enables the company to compile statistics on visitors to certain pages on the Website, in order to better serve Users of our Website.
Article 9. Miscellaneous provisions
9.1. Force majeure
Babiage shall not be held liable for the full or partial failure to perform its obligations under the present agreement, if this failure to perform is caused by an event constituting force majeure, especially the presence of a computer virus, in the event of a disturbance or full or partial strike by the postal services and means of transport and/or communications, flooding, fire.
Events fulfilling the criteria set out in case law shall be deemed to be cases of force majeure.
If an event constituting force majeure occurs, Babiage shall notify the User/Buyer within five (5) working days following the occurrence of said event.
Beyond a period of one (1) month of interruption owing to a case of force majeure, Babiage shall be able not to honour the order, in which case it shall reimburse the Buyer, if applicable.
9.2. Partial invalidity
If one or more of the provisions of this general sales conditions are declared not valid or become invalid in application of the law, a regulation or the final decision of a ruling court, the other provisions shall maintain their full force and scope.
9.3. Integral nature of the agreement
The present general sales conditions and the order summary sent to the Buyer shall form a contractual whole and constitute the full contractual relationship between the Parties.
In the event of any contradiction between these documents, the general sales conditions shall prevail.