Terms and Conditions - whispering-lights

Terms and Conditions: Whispering-Lights

Article 1: Preamble

These Terms and Conditions of Sale are entered into between, on the one hand, Whispering-Lights, a company registered with the Belgian Central Bank (BCE) under number 1038.863.664, with its registered office at Square Raskin 2, 4100 Boncelles, Belgium, operating under the trade name “Whispering-Lights,” and, on the other hand, any person wishing to make a purchase from Whispering-Lights (online purchase via the website www.whispering-lights.com), hereinafter referred to as “the customer.” This contract is therefore valid for B2C sales and under no circumstances for B2B sales. Consequently, by accessing and using the website www.whispering-lights.com, the user agrees to comply with all the terms of use described below. The user is informed that these terms may change at any time and should therefore consult this page regularly to review any modifications that may be made to these terms of sale. To contact the company, Whispering-Lights can be reached at contact@whispering-lights.com.

Article 2: Purpose

The products offered on the website www.whispering-lights.com are decorative items sold by Whispering-Lights. Each item is accompanied by a description provided by the supplier and manufacturer, Whispering-Lights. The photographs shown are as accurate as possible but cannot guarantee a perfect likeness to the product offered and shall in no way be considered binding.

Inventory is regularly updated and listed on the product page. If, despite our best efforts, all or part of the items are unavailable, the seller will notify the buyer by email as soon as possible and offer the buyer the option to wait or cancel the order for the unavailable items at no charge. Available items will normally be delivered within the timeframes specified in the item details and under the shipping terms of the original order.

Article 4: Price

All prices listed on this website are in euros, inclusive of all taxes, excluding shipping costs and any customs clearance fees.
The seller reserves the right to change its prices at any time. However, the prices applicable to an order are those in effect at the time the order is confirmed.

Payment must be made in full, in a single installment. The items ordered remain the exclusive property of Whispering-Lights until the buyer has made full payment for the order and the order has been confirmed. Whispering-Lights reserves the right to correct any errors in the price listing. If an error is found, the seller will notify the user as soon as possible and give the user the option to confirm the order with the correct information or to cancel it at no charge.

Once payment has been confirmed via bank transfer, credit card, or PayPal, Whispering-Lights will ship the order within 5 to 8 business days.

Article 4: Price

A buyer who wishes to purchase a Whispering-Lights product offered on the website www.whispering-lights.com must:

fill out the registration form, providing all the requested contact information, or provide their customer number and/or username if they are already registered,
Fill out the online order form, providing all the product or service codes,
Confirm your order after reviewing it, specifying your chosen shipping method and shipping address,
Make the payment in accordance with the terms and conditions,
Confirm your order and payment based on the selected payment method.

Confirmation of the shopping cart will constitute a signature and acceptance of the transactions carried out and the terms of sale. The seller, Whispering-Lights, will send an email confirming the order and providing delivery times if they differ from those indicated on the product description page.

Article 6: Payment Terms

The customer is informed and acknowledges that by placing an order on the online store www.whispering-lights.com, he or she agrees to pay the seller the full amount of the order and declares that he or she has the capacity and the necessary means to fulfill this obligation.If the customer exercises their right of withdrawal, Whispering-Lights is obligated to refund the amount paid for the product(s) to be returned. However, Whispering-Lights is not required to refund any additional costs if the customer has expressly chosen a shipping method other than the least expensive standard shipping option offered by Whispering-Lights. However, the customer is always responsible for the shipping costs associated with returning the package. Whispering-Lights uses Stripe to process payments for purchases made on the website. The amount will be paid by the buyer through Stripe’s transaction servers. The data will be encrypted and transmitted securely in accordance with the standards for secure online payment services.

Article 7: Shipping and Delivery

Once the order is confirmed on the website www.whispering-lights.com, Whispering-Lights will send a confirmation email to the user. Upon receipt of this email, the order will be processed as soon as possible, within a maximum of three weeks (subject to receipt of payment, product availability, and order confirmation). A new email will be sent to the user to inform them of the estimated delivery date. The delivery times indicated on the website are for informational purposes only. Products are shipped via Bpost to the address specified on the order form, which must be within the agreed-upon geographic area. Shipping rates are indicated in the order summary.Shipping is free in Belgium for purchases of 150 euros or more. For countries outside Belgium, the shipping rate will be confirmed via email to the customer prior to shipment for their approval. In the event of a problem with the delivered item (damaged, missing, broken, or defective item), the buyer agrees to report the issue via email to contact@whispering-lights.com within 24 hours of receiving the package. No claims will be accepted after this 24-hour period. Certain cases of force majeure release Whispering-Lights from its obligation to deliver: war, civil unrest, fire, strikes, accidents, and the inability to receive supplies from suppliers and/or carriers. Whispering-Lights may also temporarily suspend delivery in various cases, such as: internal network outages, telephone service disruptions, Internet access disruptions, and other situations similar to those mentioned.In these various cases, performance of the contract may be suspended until the issues are resolved, without the buyer being entitled to terminate the contract and/or claim damages.

Article 8: Right of Withdrawal

In accordance with the law, “The consumer has the right to notify the seller that he or she is canceling the purchase, without penalty and without providing a reason, within 14 business days from the day after the product is delivered or the service contract is concluded.” This right of cancellation does not apply to business buyers.Whispering-Lights will only accept the buyer’s cancellation if the product’s original (unused) packaging is intact. The returned product must not have been used or damaged. To cancel the purchase, the buyer must first notify Whispering-Lights by email at contact@whispering-lights.com. If, and only if, the buyer has complied with the deadline for notifying their right to cancel as described above and the method of notification, they will receive an email containing the return authorization, as well as the procedure and the address to which the product should be sent. The customer is responsible for the cost of returning the product, even if the deadline and method of notification have been met. The customer is asked to take the utmost care in protecting the returned product. Whispering-Lights will refund the amount paid for the returned product within 30 business days following the day the product is returned to Whispering-Lights and after receiving the bank account number to which the refund should be credited.In the event of repeated abusive returns by the same buyer, Whispering-Lights reserves the right to refuse the order.

Article 9: Liability

In the online sales process, the seller is bound only by an obligation of means. The seller shall not be held liable for any damage resulting from the use of the Internet, such as data loss, external intrusion, viruses, service interruptions, or other unforeseen issues classified as force majeure, in accordance with case law. Furthermore, the information provided on the website is provided in good faith.Whispering-Lights cannot be held liable for any property damage, consequential damages, or bodily injury resulting from the misuse of products purchased on the website www.whispering-lights.com or of any Whispering-Lights brand product purchased through any channel other than the online store. All usage instructions and safety precautions are available on the website www.whispering-lights.com / Usage Instructions, as well as in the instruction sheet included with the products.

Article 10: Intellectual Property Rights

Article 11: Personal Data

All personal data provided by the buyer for order processing is retained by the seller and is not disclosed to third parties. It will be used by the seller for statistical purposes, promotions, or newsletters (with the user’s prior consent). This information will be used to enable the seller to share information about its commercial activities with its customers.

The seller will retain personal data to facilitate future orders. The seller agrees not to disclose the information in its possession to any other company or business.

Article 12: Governing Law and Jurisdiction

These terms and conditions are governed by Belgian law. In the event of a dispute, Belgian law shall apply, and the courts of the district of Liège shall have exclusive jurisdiction. Any proceedings shall be conducted in French.

Article 13: Security of Electronic Funds Transfers

All financial transactions on the Whispering-Lights online store are processed through the secure payment service provider Stripe, headquartered at 185 Berry Street, San Francisco.

Article 14: Warranty and Customer Service

All Whispering-Lights brand items sold on the website www.whispering-lights.com are covered by the legal warranty of conformity, the legal warranty against hidden defects, and the manufacturer’s warranty, the scope and duration of which vary depending on the product and brand.

We recommend reading the product’s user manual before use. The warranty does not apply in the event of customer fault resulting from misuse or improper storage of the product.

If a Whispering-Lights product does not conform to the description on the product page at www.whispering-lights.com, it may be replaced or refunded (depending on the availability of the product or a similar product in stock, and in agreement with the customer). In the event of a product replacement, the new product will be shipped only after the original package (to be replaced) has been received by Whispering-Lights.

When the buyer returns an item to Whispering-Lights, shipping costs are normally the buyer’s responsibility. However, if the warranty of conformity applies to the returned product(s), all costs associated with the return will be reimbursed to the customer, provided that the buyer returns the defective product along with the invoice (included with the product) and the return form.

The warranty applies only to sales to individual consumers and does not apply in the case of commercial use.

Article 15: Evidence

Whispering-Lights retains all records of communication, orders, and payments. These records are stored in Whispering-Lights’ computer systems.

Article 16: Retention and Archiving of Transactions

All purchase orders and invoices are securely archived in Whispering-Lights' computer systems.

Article 17: Term

The term of this agreement shall continue for as long as the services offered by Whispering-Lights remain available online.

Conditions générales