Terms of Sale (consumers)

 

(1) Introduction

 

Please read these terms of sale carefully.

 

You will be asked to expressly agree to these terms of sale before you place an order for products from our website.

 

(2) Interpretation

 

In these terms of sale, "we" means:

Alixx S.P.R.L.

Avenue Belle Vue, 105

1410 Waterloo

Belgium

(and "alixx.com", "us" and "our" will be construed accordingly);

 

"You" means our customer or potential customer for products through the website "alixx.com"

(and "your" will be construed accordingly)

 

These terms of sale draw up the buyer/seller 's rights and obligations for the products sold on "alixx.com".

 

Belgium Law on distance selling is enforced when there is an order on "alixx.com".

 

If a nullity of a term results from a court of order or a bill on distance selling with amendments changing Belgium Law, these terms of sale are still in force.

 

(3) General terms

 

These terms of sale apply to all products supplied on "alixx.com".

 

Before to order products that are offer on our E-commerce site "alixx.com", you must accept all these terms of sale, unconditionally and unreservedly.

 

The connection on the website "alixx.com" means that you accept and know these terms of sale.

 

When you confirm your order and proceed to the transaction, you enter into a contract with alixx.com ruled by these terms of sale.

 

The contract is subject to your right of cancellation (see condition 10 below).

 

We have the right to terminate the contract if the payment of your order is not received from you in cleared funds (in accordance with condition 14).

 

If a dispute occurs, only the terms of sale at the time you place your order are enforced.

 

We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records.

 

(4) Products

 

The products presented on alixx.com are for sale; these products are candles and soaps, made by the craft industry in Waterloo, Belgium.

Imperfections and irregularities revealed on our artisanal products are not manufacturing faults and cannot be in accordance with the warrantee (see below) proposed by alixx.com.

 

The description and price of the products you order will be as shown on "alixx.com" at the time you place your order.

When you process to the order, for each product you choose, the name, the packaging, the number and the proper description are mentioned.

The products are handcrafted and some variations in shape, weight, size and colour may occur. In any event, pictures and texts describing the products sold on "alixx.com" are not a contractual obligation for us and we cannot be liable to you. Furthermore, omission or unintentional error that may occur on offers and published by us "alixx.com" is not a fault and we are not liable to be held responsible.

The products sold by "alixx.com" are under the Belgian law in force. "Alixx.com" cannot be liable to you if Belgium law is not respected in another country, place of delivery.

We shall not be liable to you for any loss or damage caused, directly or indirectly, by a wrong use or a wrong preservation on products.

 

(5) Order process

 

The advertising of products on our website constitutes an "invitation to treat"; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below.

 

When you buy, directly or indirectly, one or several products to a seller by alixx.com, you proceed to an order and there will be a contract if we accept your order.

 

In order to enter into a contract to purchase products from us, you will need to take the following steps: "(i) you must add any the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) you will have to fill in boxes with correct information about you and your payment method (iii) you will be transferred to the Ogone website, and Ogone will handle your payment; (iv) you will then receive an order confirmation (at which point your order will become a binding contract) by email.

 

Before you place your order, you will have the opportunity of identifying whether you have made any input errors by a summary of all information on you and your payment method. You may correct those input errors before placing your order by filling in the right information.

 

As soon as we accept you order, you will receive an order confirmation by email that summarized your order. This acknowledgement of receipt is an acceptance without reserve, confirm and valid the order.

 

We are engaged to deliver to you the products ordered. When there is an order, we mention the products' availability. However, in the event that, after we accept your order, we discover that the products ordered are unavailable or that there was a pricing error on our website in respect of the products ordered we will diligently inform you.

 

You have the right to get the refund of your order by cancelling your order. Or, you have the right to get an exchange. You must ask the cancellation or the exchange by writing to us a notice by hand, post or email.

 

We reserve the right to refuse your request of cancellation or exchange if you exercise your right of cancellation after the products have been delivered to you. In fact, you will be responsible for returning the products to us at your own cost. The products must be returned to the address (see condition 4). You must take reasonable care to ensure the products are not damaged in the meantime or in transit. If you do not return the products as required, no refund or exchange will be made.

 

(6) Price

 

Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect.

 

For each product, there is a description with the price. Every price is in Euro with all taxes included but without delivery and custom charges.

 

At any time, we have the right to change prices. However, the price given to the customer/buyer at the time of order cannot be change.

 

(7) Delivery policy

 

The delivery may vary from 2 to 5 working days from the order's confirmation.

The delivery periods are provided only as a rough guide and can decrease or increase according to the available product in stock and the country of delivery. If the order is paid by cheque or bank transfer, the delivery periods only start to run from cashing.

 

Every effort will be made to deliver the products as soon as possible after your order has been accepted. We will not be liable to you for the overrunning delivery time if the deliver took place during the 30 days from the order's confirmation.

 

The products you order will be delivered to the address you give when you place your order (unless otherwise stated).

 

The delivery charges vary according to the number of products and the country of delivery. In any event, during the order process and before the payment, delivery charges are mentioned.

 

We are responsible for the packaging and the best precautions are taken to pack and send the products.

 

If at time of delivery you fail to take it, you will have to inform UPS (United Parcel Service, Inc.), the package delivery company, to plan a new time of delivery or take the parcel post in a deposit place appointed by UPS.

 

Upon receipt of your order you will be asked to sign for the products received in good condition. If the package does not appear to be in good condition or the number of products is incorrect then please refuse the delivery.

 

If at the time of delivery, you notice an error between the package delivered and the receipt of your order, you will have the right to get the refund of your order or obtain a substitution product. In any event, you must return the defective product and you will be responsible for returning it to us at your own cost. The product must be returned to the address (see condition 4). You must take reasonable care to ensure the products are not damaged in the meantime or in transit. The defective product must be unused and returned with the packaging and the box shipping.

 

If any acts of God such as strikes, lock-out, floods, fires, embargo, wars, terrorist attacks, etc. (non exhaustive list), alixx.com will not have to carry out the obligations of delivery.

 

(8) Payment

 

Payment for the products and delivery charges can be made by any method shown on "alixx.com" at the time you place your order. Payment shall be due before the delivery date and time for payment shall be a fundamental term of this agreement, breach of which shall entitle us to terminate the contract immediately.

There will be no delivery until cleared funds are received entirely.

(9) Warranties

 

The products supplied by "alixx.com" are warranted by the legal guarantee of conformity and the legal guarantee of the latent defects.

 

The products are under a one-month warrantee for manufacturing and material defects from the date of supply.

 

In the event of a valid claim for a defect in the new product, "alixx.com" must replace the defected product or refund the price of the defected product. You cannot claim damages and compensations.

 

You have the option for a replacement of the product or a refund of the sum you have paid for the product.

If you opt for a replacement, the product has to be exactly the same than the original product ordered. However, you may choose a similar product to the original product if at the event of your valid claim, the product ordered is not available anymore.

 

The products supplied by "alixx.com" should be stored in a dry place, keep away from direct high heat and intense brightness.

 

The warrantee does not apply if these conditions are not respected.

 

(10) Ownership

 

Ownership of the products shall not pass to you until we have received in full all sums due to it in respect of the products.
We shall be entitled to recover payment for the products even though ownership of any of the products has not passed from us.

 

(11) "Cooling off" period

 

You have the right to cancel the contract at any time up to 7 days after the day of the delivery or after the day when you enter into a contract with "alixx.com". You don't have to give the grounds of your cancellation

 

If you exercise your right of cancellation after the products have been delivered to you, you will be responsible for returning the products to "alixx.com" at your own cost. The products must be returned to the address mentioned in condition 2. You must take reasonable care to ensure the products are not damaged in the meantime or in transit.

 

All claims have to be made to the address mentioned in condition 2.

 

(12) Data protection

 

"Alixx.com" will take all reasonable precautions to keep the details of your order and payment secure. All details about you are protected and used by "alixx.com" for the delivery and to make out an invoice.

We may send you offers or information about our products by post or email. You have to give us notice of the refuse to be notified of our offers and information.

 

Your details will never be communicated to a third party.

 

By agreeing these terms of sale, you agree to this "data protection" and you give us permission to collect, use and keep the data.

 

You have the right to consult and correct information about you. You must give written notice to us by hand, post or email, giving details of your request.

 

(13) Intellectual property

 

Texts, graphics and photography on "alixx.com" are under exclusive ownership of alixx.com.

 

Without an authorization given by "alixx.com" or according to intellectual property Law with legal derogation measures, the use of texts, graphics and photography represent an infringement.

 

(14) Governing Law and Jurisdiction

 

These terms of sale and the supply of the products will be subject to Belgium law. If a dispute arises from the contract, you have first to come to an amicable agreement with alixx.com. If the amicable agreement failed, only the courts of Nivelles may have jurisdiction in respect of any dispute arising from the contract.

 

(15) Termination and suspension

 

If you do not fulfil your obligations according to the contract, it's a dereliction of legal duty and we have the right to terminate or suspend the contract immediately.

A dereliction of legal duty that constitutes a termination or a suspension of the contract between you and "alixx.com" are the non-payment of the order and the prejudice to "alixx.com".

 

(16) Legal Proof

 

Registers stored in our computers prove communications, orders and payments between the parties.