TERMS AND CONDITIONS
1. DEFINITIONS
1.1 "Teatonic" or “We” or “Seller” means Teatonic - Colvert BV (VAT BE0793.142.868) with registered address Decauvillestraat 20, 8510 Kortrijk (Belgium), to be contacted per email via info@teatonic.com.
1.2 "Buyer" means the entity or consumer that buys the Goods from Teatonic - Colvert BV.
1.3 "Conditions" means the general Terms and Conditions of sale contained in this document.
1.4 "Order Confirmation" means the confirmation of the order of the Goods.
1.5 "Agreement" means the sale agreement concerning the supply of Goods, therein included these Conditions and the Order Confirmation.
1.6 "Goods" means the goods indicated in the Order Confirmation.
1.7 "Webshop" means the website www.teatonic.com where the products are offered and can be purchased by the Buyer. The Webshop is hosted on Odoo.
1.8 "IPR" means patent rights, inventors rights, copyrights and neighboring rights, marks, trademarks, domain names, presentation rights, goodwill rights, rights to take legal action against counterfeiting, rights on design, rights on software, right on databases, rights on confidential information (including know-how and manufacturing secrets) and all other intellectual or industrial property rights, in all circumstances, whether registered or not, therein included all requests for (or rights to request for), renewals or extensions of such rights or of similar or equivalent rights or forms of protection that exist now or will exist in the future, wherever in the world.
1.9 "Price" means the price of the Goods.
1.10 "Specifications" means the specifications defined by Teatonic for the Goods.
2. SCOPE OF APPLICATION
2.1 These Terms & Conditions of the Company Teatonic - Colvert BV shall apply to all commercial transactions concluded between a Buyer and the Seller relating to goods and/or services sold by the Seller in the Seller’s online Webshop, to the exclusion of all other terms and conditions (unless with express written derogation and by mutual agreement between the parties). The mere fact of placing an order on the Website of the Seller leads to the acceptance of the underlying Conditions.
2.2 The Buyer acknowledges having read these Conditions before placing the order and declares – by placing an order – that he accepts them unconditionally. The validation of the order applies as acceptance of the Conditions by the Buyer.
2.3 Teatonic reserves the right to amend and/or supplement these Conditions at any time. The Conditions opposable to the Buyer will be those existing at the time of placing the order. The sales contract will not be archived.
3. ORDERS
3.1 Before confirming the order, the Buyer must check the Order Confirmation. No sales contract will exist and Teatonic will not be liable to the Buyer for the Agreement except and until the moment (i) an Order Confirmation is sent by Teatonic and (ii) Teatonic will have received the payment or approval of the transaction from the issuer of the Buyer's credit / debit card.
3.2 The Seller can process orders within the limits of available stocks. In the event that a product ordered should not be in stock, the Seller undertakes to inform the Buyer of this by email within fifteen days after the submission of the order and to indicate within how much time the product can be delivered.
3.3 Teatonic reserves the right to refuse or cancel an order in the event of
(i) payment problems with the order involved or
(ii) a dispute concerning the payment of an earlier order.
3.4 The Seller reserve the right to limit the sales of products or services to any person, geographic region or jurisdiction. The Seller may exercise this right on a case-by-case basis. The Seller reserve the right to limit the quantities of any products or services offered.
3.5 The Buyers agrees to provide current, complete and accurate purchase and account information for all purchases made at the Webshop. The Buyer agree to promptly update his account and other information, including email address, delivery address and credit card number and expiration date, so that the Seller can complete the transactions and contact the Buyer as needed.
3.6 All of the information provided by the Buyer, as well as the encoding of data that are inherent to his order, is binding. Under no circumstances may the Seller be held responsible for errors that are committed by the Buyer during the inputting of the destination data (delivery address, invoicing address). Any resultant delays in the delivery or the impossibility of delivering the ordered products thus cannot be imputed to the Seller.
4. GOODS AND DELIVERIES
4.1 The Goods and their essential characteristics are described on the Webshop so that the Buyer can become clearly aware of those characteristics before placing an order. The Seller is not responsible if information made available on the Webshop is not accurate, complete or current. The product descriptions in the Seller's online Webshop is provided for general information only and should not be relied upon or used as the sole basis for making decisions.
4.2 The Seller reserves the right to modify the Specifications (composition & characteristics), the assortment, the presentation or the packaging of the Goods proposed on the Webshop.
4.3 The delivery of the Goods and the transfer of risks related to the Goods will occur at the time the Goods are physically delivered to the Buyer or a third party designated by the Buyer, other than the carrier proposed by the Seller.
4.4 The Goods are delivered to the address mentioned during the ordering process within 15 working days after the conclusion of the contract of sale. The Seller will do everything within its power to respect the stated times of delivery. The Seller does not, however, assume any responsibility for any delivery that arrives late or for ordered Goods that are lost owing to third parties or as a result of unforeseen circumstances or force majeure. If an order is not delivered within the indicated time, an investigation will be conducted at the carrier, which may take several days. During this period, it will not be possible to proceed to repayment or another shipment.
5. RETURN POLICY
5.1 The Act on Market Practices (WMPC) provides that within a period of 14 calendar days the Buyer may return the product without any consequences in the sense of penalties or statement of reasons. This is called the right of renunciation. In pursuance of section 47, §4, 2° of the WMPC any products that imply foodstuffs. Such products consequently do not qualify for return.
5.2 According to our returns policy, Teatonic offers a 14-day free of charge right of renunciation. If 14 days have gone by since the purchase, the Seller we cannot offer a refund or exchange to the Buyer. To be eligible for a return, the Goods must be unused and in the same condition than at delivery. To exercise your right of renunciation, the Buyer must inform the Seller by writing (letter sent by post or email) of his decision to withdraw from the contract by an unequivocal statement within 14 days from the date of Order Confirmation.
The Buyer can use the following form to notify the Seller of his decision to redeem the contract:
To :
Teatonic - Colvert BV
Decauvillestraat 20
8510 Marke (Kortrijk)
Belgium
Email: info@teatonic.com
I hereby give notice that I withdraw from my contract of sale of the following goods: ____________________________________________________________________
Ordered on (*)/received on (*): ____________________________________________________________________
Name of customer: ____________________________________________________________________
Address of customer: ____________________________________________________________________
Signature of customer (only if this form is notified on paper): ____________________________________________________________________
Date:
_____________________________________________________________________
(*) Delete as appropriate.
5.3 To complete the return, the returned products should be sent back in the original packaging and with a receipt or proof of purchase to the following address:
Teatonic - Colvert BV
Decauvillestraat 20
8510 Marke (Kortrijk)
Belgium
5.4 The Buyer will be responsible for paying for his own shipping costs for returning the Goods.
5.5 If a refund is granted to the Buyer, the Seller will reimburse all payments we receive from the Buyer, except the shipping costs. In addition, the Seller doesn’t guarantee that he will receive the returned Goods and advises the Buyer to use a trackable shipping service and/or purchasing a shipping insurance for the market value of the returned Goods.
5.6 Upon reception of the returned Goods, the Seller will send an email to the Buyer to notify the reception of the returned Goods, also notifying the approval or rejection of the refund.
If the return is approved, the Seller will proceed to the refund within fourteen days from the date on which the notification has been received, and a credit will automatically be applied to the Buyer’s credit card or original method of payment, unless the Buyer and the Seller have expressly agreed otherwise.
6. DEFECTS & COMPLAINTS
6.1 The Buyer will carefully examine the products immediately after receipt. Complaints by the Buyer that relate to defects in the product or delivery that are externally discernible must be communicated to the Seller in writing within seven (7) days after delivery (or within seven (7) days after the invoice date if the products could not be delivered to the Buyer).
7. PRICE
7.1 The Price listed on the Order Confirmation is the final prices and includes all taxes, contributions and other expenses (except delivery charges). The Goods will be invoiced based on the prevailing rates at the time of the registration of orders.
7.2 For deliveries in non-EU countries abroad customs duties, taxes and fees shall be payable.
7.3 Any order delivered outside continental Europe may be subject to any supplementary charges, local taxes and customs fees at the expense and expense of the Buyer.
7.4 All prices are subject to change at anytime without notice, at the sole discretion of Teatonic.
8. PAYMENT
8.1 The Goods shall be paid immediately via one of the means of payment proposed by the Seller on the day of Order.
8.2 The Seller offers the following means of payment: Mastercard, Visa, American Express, Paypal, Apple Pay, Bancontact, KBC/CBC, Ideal, Belfius Direct.
8.3 The protection against fraudulent use of the means of payment used for the transaction, in particular as a result of piracy against possible dispute concerning payment of money orders is ensured by Mollie and/or PayPal.
8.4 The Order validated by the Buyer only becomes effective when the institution for secure bank payment or the companies Mollie and/or Paypal have given their approval in connection with the execution of the transaction. In the event of refusal of the institution for secure bank payment or of the companies Mollie and/or Paypal, the order will be automatically cancelled and the Buyer will be notified by e-mail.
9. WARRANTY
9.1 There is a legal warranty of conformity applicable to the sale of Goods offered on the Webshop.
9.2 In order to benefit from this warranty and subject to other conditions imposed by the applicable law, the Buyer is required to inform the Seller of the existence of the lack of conformity within 2 months from the Agreement.
10. LIABILITY
10.1 The Buyer shall indemnify and exempt the Seller for all losses incurred due to the Buyer’s negligence or a violation of the Agreement.
10.2 The rights of the Buyer concerning the delivered Goods which do not respond to the contractual description and concerning the defective Goods, are limited to what is mentioned under Condition 6.
10.3 Except in case of intentional or deliberate infringement of the obligations under this Agreement, or in the case mentioned above, no party shall be liable for indirect loss or damage.
10.4 In no event may the Seller be held responsible for non-compliance with laws and regulations in force in the host country.
10.5 Any liability of the Seller is limited exclusively to the value of the product in question, determined according to the date of sale.
10.6 Notwithstanding the aforementioned, nothing in these conditions shall exempt or limit one of the parties’ liability in case of product liability, unless when the damage is caused jointly by the shortage in the Goods and the fault or negligence of the victim or in case of death or bodily injury.
11. INTELLECTUAL PROPERTY
11.1 The text, page references, illustrations, photos, datasheets and other illustrative elements on the Webshop are protected by copyright and in general by the principles of intellectual property rights. The content of the Webshop may not be copied.
11.2 All Confidential Information, Materials and IPR provided by the Seller belong to Teatonic - Colvert BV. The Buyer will not use them and will have no rights in relation thereto, except for the purpose of executing of the Agreement.
12. PRIVACY
12.1 The buyer can consult the Seller’s policy regarding the protection of personal data via the following link.
13. MISCELLANEOUS
13.1 All notices under this Agreement should be made in writing and should be delivered to the relevant address of the party mentioned in the Order Confirmation, personally, by mail or by e-mail.
13.2 The default or delay in the exercise of a right or remedy does not constitute a waiver of such right or any other right or remedy. The partial exercise of a right or remedy does not preclude another exercise of such right or any other right or remedy.
13.3 In case a provision of the Agreement is declared invalid, illegal or void by a court or competent authority, this provision is considered not to form part of the Agreement and the opposability of the rest of the Agreement shall not be affected thereby.
13.4 A party shall not be responsible for the non-execution of the Agreement when this is due to circumstances which go beyond its reasonable control and insofar as the other party is immediately notified thereof, proof of the circumstances is provided and best efforts are done to limit the losses or damages incurred by the other party.
13.5 The Buyer may not assign or subcontract one or more of its rights or obligations under the Agreement without the prior consent of the Seller.
13.6 The Agreement in its entirety is governed by the Belgian law. All legal disputes arising out of or in connection with a purchase contract shall be governed exclusively by Belgian law. The Court of Kortrijk alone shall have jurisdiction in case of disputes.