Article 1: Preamble
These terms and conditions of sale are concluded between, on the one hand, the company whispering-lights registered with the BCE under the number 1038.863.664 and whose registered office is at Square Raskin 2, 4100 Boncelles in Belgium and 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 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 whispering-lights.com, the user accepts to comply with all the conditions of use described below. The user is informed that these may change at any time and must therefore regularly consult this page in order to take note of any modification that may be made to these terms and conditions of sale. To contact the company, whispering-lights can be reached at the address [email protected].
Article 2: Purpose
The terms and conditions of sale set out herein are intended to define the contractual relationship between the seller, whispering-lights, and the buyer, as well as the conditions applicable to any purchase made on the online sales website /en, of which the company whispering-lights is the owner. The purchase of a product or a service through the website of whispering-lights implies unreserved acceptance by the buyer of these terms and conditions of sale. These terms and conditions of sale prevail over any other general or specific terms and conditions.The seller, whispering-lights, reserves the right to modify these general terms and conditions of sale at any time. In this case, the applicable conditions will be those in force at the date of the buyer's order.
Article 3: Characteristics of the goods and services offered
The products offered on the website whispering-lights.com are decorative items sold by whispering-lights. Each item is accompanied by a description established by the supplier and manufacturer, whispering-lights. The photographs shown are as faithful as possible but cannot guarantee a perfect similarity with the product offered and can in no case be of a contractual nature.The stock is regularly updated and defined on the item page. If, despite the efforts made, all or part of the items is unavailable, the seller informs the buyer thereof by email as soon as possible and offers the buyer the possibility to wait or to cancel without charge the order of the unavailable items. The available items will be delivered normally within the timescales notified in the item details and under the transport conditions of the initial order.
Article 4: Prices
All the prices mentioned on this website are indicated in euros, all taxes included, excluding shipping costs and possible customs clearance costs.The seller reserves the right to modify its prices at any time. Nevertheless, the prices applicable to the order are those in force at the time of its confirmation.The price is only payable in full, in a single payment. The ordered items remain the exclusive property of whispering-lights until receipt by the seller of the full payment of the order and the validation thereof. Whispering-lights reserves the right in the event of a possible error in the indication of its price. If an error were to be noticed, the seller would inform the user as soon as possible and would give the user the choice to validate his order with the correct information or to cancel it without charge. Once the payment is validated (see Article 6), whispering-lights prepares the order as soon as possible. The delivery timescales, which are indicative, depend on the destination: see Article 7 and the page «Delivery Policy».
Article 5: Order procedure
The buyer who wishes to acquire a whispering-lights product offered on the website whispering-lights.com must necessarily:
- fill in the identification form on which he will indicate all the requested contact details or give his customer number and/or identifier if he is already registered,
- fill in the online order form by giving all the references of the products or services chosen,
- validate his order after having checked it by indicating the chosen delivery method and the delivery address,
- make the payment under the conditions provided,
- confirm his order and its payment according to the selected payment method.
Confirmation of the basket shall constitute signature and acceptance of the operations carried out and of the terms and conditions of sale. The seller, whispering-lights, shall notify by email the confirmation of the order and the delivery timescales if they differ from those indicated on the page describing the products.
Article 6: Payment terms
The customer is informed of and acknowledges that, by placing an order on the online shop whispering-lights.com, he undertakes to pay the seller the entire amount of the order and declares that he has the capacity and the necessary means to honour it.If the customer exercises his right of withdrawal, then whispering-lights is obliged to refund the sum paid to it for the product(s) to be returned. However, whispering-lights is not obliged to refund the additional costs if the consumer has expressly chosen a delivery method other than the least expensive standard delivery method offered by whispering-lights. On the other hand, the shipping costs for returning the parcel are always borne by the customer. whispering-lights uses Mollie for the payment of the total amount of purchases made on the website. The amount will be paid by the buyer via the transaction servers of the company Mollie. The data will be encrypted and then transmitted in a secure manner according to the standards of secure online payment services.
Article 7: Shipping and delivery
As soon as the order is validated on the website whispering-lights.com, whispering-lights will send a confirmation email to the user. From this email onwards, the order is prepared by hand in our workshop, as soon as possible and at the latest within three weeks in case of exceptional influx (subject to receipt of the payment, availability of stock and validation of the order). A tracking email is sent as soon as the parcel is dispatched. The delivery timescales indicated on the website — Belgium: 1 to 4 working days; Zones 1 to 4: 5 to 10 working days — are given for information purposes. The products are dispatched via our partner carriers (bpost and its partners) to the address indicated on the order form, located in one of the areas served (see the page «Delivery Policy»). The delivery costs are calculated according to the country of destination and displayed before payment; the customer accepts them when placing the order. Delivery is free from 110 € of purchase in Belgium and in the countries of Zone 1, and from 165 € for Zones 2 to 4. For countries outside the areas served, write to us at [email protected] before ordering: we will confirm whether a shipment is possible and at which rate. In the event of a problem with the delivered item (damaged item, missing item, broken or defective item), the buyer undertakes to notify us by email at [email protected] at the latest within 48 hours following receipt of the parcel (or as soon as possible), in order to allow the opening of a claim with the carrier. This notification does not limit the legal rights of the buyer (see in particular the legal guarantee of conformity, Article 14). Certain cases of force majeure release whispering-lights from its delivery obligation: war, revolt, fire, strikes, accident and impossibility of being supplied by suppliers and/or carriers. whispering-lights may also suspend the delivery temporarily, in various cases such as: disruption of the internal network, disruption of telephony, disruption of access to the Internet and other situations similar to those mentioned. In these various cases, the performance of the contract may be suspended until the problems are resolved, without the buyer being able to invoke the dissolution of the contract and/or damages.
Article 8: Right of withdrawal
In accordance with the law, "The consumer has the right to notify the seller that he withdraws from the purchase, without penalties and without indication of reason, within 14 calendar days from the day after the delivery of the product or the conclusion of the service contract." This right of withdrawal does not belong to the professional buyer. whispering-lights will only give effect to the buyer's withdrawal if the original packaging of the product (unused) is intact. The returned product must not have been used nor damaged. To withdraw from the product, the buyer must first notify whispering-lights by email at the address [email protected]. If and only if the buyer has complied with the notification period of his right of withdrawal described above and with the means of notification, then the return authorisation, as well as the procedure and the address to which to send the product, will be communicated to him by email. The return costs of the product are borne by the customer, despite compliance with the period and the means of notification. The customer is requested to protect the returned product with the greatest care. whispering-lights will proceed with the refund of the sums paid for the returned product within 14 days following receipt of the return, via the same payment method as the one used at the time of the purchase. In case of repeated abusive returns by the same buyer, whispering-lights reserves the right to refuse the order.
Article 9: Liability
The seller, in the online sales process, is only bound by an obligation of means. Its liability cannot be incurred for damage resulting from the use of the internet network such as loss of data, external intrusion, virus, service disruption, or other unintentional problems qualified as force majeure, in accordance with case law. The data on the website is furthermore given in good faith. whispering-lights cannot be held liable for material, immaterial or bodily damage resulting from an improper use of the products purchased on the website whispering-lights.com or of any product of the brand whispering-lights purchased through a channel other than the online sales website. All advice for use and precautions for use are visible on the website whispering-lights.com / Advice for use as well as in the explanatory instructions accompanying the products.
Article 10: Intellectual property rights
The trademarks, trade names, logos, photographs and other content published on whispering-lights.com are the exclusive property of whispering-lights or its rights holders and are protected by intellectual property law. Any reproduction, representation, adaptation or exploitation, in whole or in part, of these elements, in any form whatsoever, without the prior written authorisation of whispering-lights, is prohibited and would constitute an infringement sanctioned in accordance with Book XI of the Belgian Economic Law Code.
Article 11: Personal data
All the personal data communicated by the buyer for the processing of the order are kept by the seller and are not communicated externally. They will be used by the seller within the framework of the establishment of statistics, promotions or newsletters (with the prior consent of the user). This information will be used in order to allow the dissemination of information relating to the seller's commercial activities to its clientele.The seller will keep the personal data in order to facilitate subsequent orders. The seller undertakes not to divulge the information in its possession to another company or another enterprise.
Article 12: Applicable law and jurisdiction
These conditions are subject to Belgian law. In the event of a dispute, Belgian law applies and the courts of the judicial district of Liège have sole jurisdiction. Any proceedings will take place in French.
Article 13: Security of electronic fund transfers
Any fund transaction on the online sales website whispering-lights is carried out with the secure payment service provider, Mollie, whose registered office is located at Keizersgracht 126, 1015 CW Amsterdam, the Netherlands.
Article 14: Warranty and after-sales service
All the items of the brand whispering-lights sold on the website whispering-lights.com benefit from the legal guarantee of conformity, the legal guarantee against hidden defects and the manufacturer's warranty, the scope and duration of which differ according to the products and the brands.It is advised to read the product's instructions for use before use. The warranty does not work in the event of fault of the customer resulting from an improper use or storage of the product.If a whispering-lights product is not in conformity with what is presented on the product sheet of the website whispering-lights.com, then it may be replaced or refunded (depending on the stock availability of the product or of a similar product, and this in agreement with the customer). In case of replacement of the product, the new product will only be shipped when the initial parcel (to be replaced) has been received by whispering-lights. Upon a return of an item from the buyer to whispering-lights, the shipping costs are normally borne by the buyer. However, if the guarantee of conformity applies to the returned product(s), all the costs related to this product return will be refunded to the customer provided that the buyer returns the defective product accompanied by the invoice (delivered with the product) as well as the return form.The warranty is reserved to sales to private individuals and does not work in case of use of a commercial nature.
Article 15: Evidence
All the evidence of communication, order and payment is kept by whispering-lights. This evidence is recorded in the computer systems of whispering-lights.
Article 16: Retention and archiving of transactions
All the order forms and invoices are archived in a reliable manner in the computer systems of whispering-lights.
Article 17: Duration
The duration of this contract extends for the whole duration of the online availability of the services offered by whispering-lights.