Terms Of Sales

Terms of Sales

Hauliga SPRL

2, rue du Fond Cattelain

1435 Mont-Saint-Guibert

Info@hauliga.com

VAT number: BE0 672 979 466

 

GENERAL TERMS OF SALES

Article 1. Acceptation of the general terms

The present general terms of sale govern exclusively all contractual relations between HAULIGA SPRL (BCE Number: 0672.979.466), having its headquarters at Rue du Fond Cattelain 2, B-1435 Mont-Saint-Guibert Gembloux (hereafter called "We") and the customer.

The general or particular terms of the client are not binding to HAULIGA. The conclusion of any contract between the parties will automatically bring about the acceptance of the present general terms by the customer. This can only be overridden by the particular terms indicated in the contract or order form or agreed in writing between the parties.

According to the context and excepting contrary stipulations, (i) the term "customer" or "you" in the present terms must be interpreted as signifying any buyer, prospect, partner or contractor; (ii) the term "Contract" as offer, estimate, order, sales contract or any other contract between the parties; (iii) the term "Product(s)" (singular or plural) as any tooth whitening device, dental gutter equipped with LED lamps, gel, toothpaste and accessories conceived, manufactured and/or marketed by us; and (v) "Our website" any website put online by us to promote and/or market the products.

By ticking the box "I accept the general terms" during your online order via our website or signing or sending us an order form via other means of communication (e-mail, fax, post etc.), you expressly declare having taken note of our general sales terms (hereafter called the "General Terms") and you expressly declare having read, understood and accepted them in full. Only these General Terms apply, in addition to the other clauses and terms to which these make reference or as indicated on the order form.

The present general terms will also be automatically sent to you by electronic mail with your order confirmation.

Article 2. Order

An order will only be effective and will only be binding to us when the order form has been correctly filled in, confirmed by us and when we have received the price in full in our bank account, unless there is a prior agreement between the parties.

Article 3. Order process via our website

In order to make an order, you should firstly completely fill in the identification form on the page "I am a new customer" on our website www.floradyle.com. You will receive a password which will allow you to make other orders in the future.

In creating an account, you will be able to order more quickly, to monitor your order and to see orders that you have already made. If you wish to make an order, you should select the various products required and their quantities and click on the box "Add to my order".

At any moment, you can:

• have a reminder of the products selected by clicking "See your basket".

• correct any possible errors made when selecting by clicking "Back". It will not be possible to correct anything, however, once you have clicked "Order".

• finish selecting products and order these products by clicking "Order".

The order will be definitive and unchangeable from the time you have clicked "Validate my order". You will therefore be fully committed.

We will then send you a reminder of the order by e-mail, including the list of products ordered, the prices and the present general terms.

An invoice will be sent to you when the products are delivered.

Article 4. Minimum age for ordering

You declare that you are aged at least 18 and have the legal capacity to enter into a contract. In the case where you are younger, you declare having parental authorisation or the authorisation of a guardian allowing you to make an order on the website.

Article 5. Prices and means of payment

Prices shown are understood to be minus VAT, transport costs, packaging and any other cost or expense not specifically mentioned in the order or on the website.

The amount of VAT is clearly indicated on the website.

100% of the amount should be paid immediately on order:

- either by bank transfer to the following number

N° IBAN : BE53 3631 6732 6353

N° BIC : BBRUBEBB

- or by Bancontact, Vida, MasterCard or PayPal. The validity of the payment will be confirmed or not following verification by the issuing banking institution. If the payment is confirmed, the withdrawal will be made according to the terms of the bank which issued the card.

The products will only be sent after receipt of the amounts due into our account.

Any claim concerning invoices should be sent by registered post within eight (8) calendar days of the date of issue of the relevant invoice. After this period, no claim will be received and the invoice will be considered as having been accepted.

In the case of partial payment or the non-payment of a single instalment, we reserve the right to suspend our own obligations, even to cancel the contract, while reserving any partial payments made by you.

Article 6. The possibility or not of cancelling your order

Only in the case where you are a consumer (that is to say a person who orders for themselves personally), your order can be cancelled at any time up to the 14th day at the latest following receipt of your package.

This right of retraction is only possible if the packaging has not been opened or damaged. Your retraction can be notified to us by e-mail to info@hauliga.com or by registered letter to the address mentioned in Article 1 of the present General Terms.

Your right to cancellation is contingent upon returning the whole delivery as quickly as possible within a period of 10 calendar days effective from the sending of the e-mail or the registered letter giving notice of the cancellation. We will reimburse you the amount concerned following receipt of the products by us. Beyond this period of 10 days, the delivered products will no longer be taken back or reimbursed.

We also reserve the right to refuse to reimburse products returned if they have been opened and/or they are incomplete or damaged, even if this has been caused during shipping.

Article 7. Retention of ownership

In the case where we have granted deferral of payment, ownership of the products ordered will only be transferred to you when the total price has been paid, even if the products have already been delivered to you. You will not, in any respect, be able to dispose of them in any way or open, alter, re-sell, use or transfer them to a third party until full payment of all sums due has been made.

Failing full payment, we will have the right to assert our ownership and you will be obliged to allow us to retake possession of the products without difficulties and at your cost.

Article 8. Delivery

All orders will be sent within 8 (eight) working days at the latest of receipt of the full payment.

The implementation period for discharging our obligations may however be prolonged particularly in the case of stock unavailability, constraints or impediments beyond our control (illness of a key member of our team, computer bug etc.), to the lateness or non-fulfilment of our suppliers and sub-contractors, in the case of lateness or strike by the postal services or means of shipment, holidays or force majeure (fire, accident, natural disaster etc.).

You have no right to refuse products, to demand compensation or the cancellation of the order owing to the lateness of the delivery for which we are not responsible or owing to lateness which is considered to be reasonable if we are responsible for it, except in the case of express agreement from us regarding the circumstances, in which case we will issue a voucher.

Unless other terms have been agreed between us and yourself, the products will be sent to you at the address and within the timeframes given on the order and forwarded by the usual postal services or carrier. The shipping period given by these are purely indicative and we cannot be held responsible for any eventual delay.

The shipping and delivery of the products is at your own risk. In the case where goods have been damaged during shipping and delivery, this should be notified in writing on the delivery note and by e-mail to our address, for information. In no case, however, will this be considered as being under our responsibility or included in the guarantee.

If you are absent from the delivery address when the postman or carrier calls and if you do not go and collect the package during the period in which it remains at your disposal at the Post Office or carrier's office, you will be liable to pay any return shipping charges in advance of any new shipment.

We reserve the right to refuse your order, without any compensation to you, in the case where you have not entirely honoured previous orders.

Article 9. Claims and guarantee

On receipt of the products, you should immediately check that they correspond to your order, whether they are damaged or are faulty.

Any claim must be sent to us within 14 calendar days at the latest from the date of delivery, by electronic mail to the address info@hauliga.com or by telephone during working hours (+ tel).

Only in the case where you are a consumer (that is to say a person who orders for themselves personally), you benefit from a two-year guarantee from the date of receipt of the products. Any fault not visible on receipt but which appears within 6 months of the date of delivery will be presumed to exist from the time of delivery. Beyond this 6-month period, we will be able, if the circumstances justify, to contest the fact that the defect was already in existence at the time of delivery of the products.

In any case, you should give a detailed description of the problem or defect found and if possible send us one or several photos by e-mail to info@hauliga.com.

Any external cause, such as wear and tear, improper use or manipulation, transport or any other inappropriate action, intentional or not, caused by you or a third person is beyond our responsibility.

Any return or repossession can only be undertaken with our prior agreement by telephone or e-mail and for products returned in their original packaging and in perfect condition.

Our responsibility, where it has been established, is strictly limited either to the exchange of non-compliant products, without any supplementary cost to yourself, within a reasonable delay and within the limits of the availability of similar products, or to the reimbursement of the purchase price, not including transport costs, by credit note. We will process the file within the shortest delay, during working hours.

Article 10. Exclusion of liability

10.1 Concerning products: The products must be used in conformance with their accompanying instructions. They can in no case be used for any other purpose than that for which they are intended.

Under no circumstances will we be liable in any way for any injury arising from the use, manipulation or storage of the products.

The products cannot be considered either directly or indirectly as a medical therapy or other or as a remedy to any pathology whatsoever.

Neither do we guarantee the chances of success of the products nor any certain result whatsoever.

 

10.2. Concerning the information on our website: Any text, information, videos or photos retrievable from our website are purely informative. They are not contractual and do not commit us in any way. They are neither comprehensive nor exhaustive.

 

10.3 Concerning the use of our website: Under no circumstances will we be liable in any way for the consequences of using our website, notably for:

 • The introduction of a computer virus transmitted via the Internet;

• Damage caused by computer piracy or hacking;

• The downloading on our website or from our website of a file damaging your computer system or leading to a loss of your data;

• The partial or total interruption, either temporary or definitive, of access to the website, the availability of products or the functioning of our website;

• Navigation problems, bugs or the slowness of our website;

• Any information presented on other websites which may have established a hypertext link with our website;

• Messages on the website blog embedded by web users, particularly in cases where they violate the copyright of a third person.

 

10.4. Limit of liability where this is assumed: In the case where our responsibility is nonetheless assumed, we will only be liable for direct damage caused exclusively by grave and intentional error, excluding any other damage such as, notably, loss of earnings, general price increase, disruption in scheduling, loss of profit, clientele or anticipated savings or any other indirect damage or loss. The amount of damages for which we might be liable will not exceed 250 EUR.

Article 11. Personal data and privacy protection

You expressly accept that the personal information (in other words that linked to private persons) that you input on our website order form or that you communicate to us as soon as you enter into contact with us (by telephone, e-mail, fax etc.) be used by us for the processing or your orders and in order to reinforce and personalise communication notably through newsletters or by e-mails that you expressly accept to receive. We are committed not to use your private information for other purposes than those foreseen in the present paragraph.

 

Apart from cases where you have expressly given your agreement, we are committed to never communicating or divulging to a third person any personal data concerning you, with the exception of:

• companies or persons who carry out, either on our behalf or independently, certain services such as, notably, the processing of payments by bank card or logistics and/or the shipping of products;

• our commercial partners thanks to whom you will be able to benefit from attractive commercial offers;

• the company or person who may be required to acquire our business capital, either in total or in part;

• the legal authorities who may demand access thereto.

 

Your data and other information will be kept by us and are freely accessible to you at any time by simple request and without any justification at the address and contact details mentioned in Article 1 of the present General Terms. You have the right to demand any modification, rectification or removal of your personal information in our data bank, as well as the immediate discontinuance of e-mails or other communications from us.

Article 12. Cookies

Our website uses cookies. Cookies are a computer file held on the hard disk of your computer. Its aim is to highlight your previous visit to the website. Cookies are, in addition, used to personalise our service and offer. You have the possibility of refusing cookies in the configuration of your web browser.

Article 13. Newsletter

By clicking on "I accept to receive newsletters from HAULIGA", you expressly accept to receive these regularly into your electronic inbox. We are, however, committed to not sending you more than one newsletter per month.

In each newsletter an URL link will be included which will allow you to unsubscribe at any moment so as not to receive any following newsletters. The unsubscription will be free and will have immediate effect.

Article 14. Intellectual property rights

We remain the sole owner of all the information retrievable or disclosed on our website and of the intellectual rights linked to the products (concepts, technologies, contents, texts, data, illustrations or original images, photos, videos, diagrams etc.), as well as the brands, commercial names, domain names, logos etc. relating to us or the products.

Under no circumstances will you be able to copy, photocopy, counterfeit, imitate, commercialise, transfer, disseminate, reproduce or publish by any medium whatsoever, modify, decompile, de-brand, translate or take advantage of them by any manner whatsoever and by whomsoever, even in part.

It is, however, permitted to create, without making any advance request to us, surface links which return to the home page or any other page of our website. However, the use of any techniques aiming to include the whole or part of our website on an Internet website by masking even partially the exact origin of the information or which could cause confusion as to the origin of the information, such as framing or in-lining, requires our advance written authorisation.

In the case of non-compliance with this obligation, you may be prosecuted by us.

Article 15. Applicable law and competent jurisdiction

The contract and present general terms are drawn up under Belgian law. In all circumstances, the parties are committed to prioritising the informal resolution of any dispute which may arise.

In cases where such an informal arrangement is impossible during the month following the occurrence of a dispute, the parties will refer to the regulations of BMediation (www.bemediation.be) regarding any disagreement arising from the contract or directly or indirectly related thereto. The mediation should be held in Brussels and the procedures will take place in French.

If you are a consumer, you can prefer and demand recourse to the Consumer Mediation Service (http://www.consumerombudsman.be/en).

In cases where no agreement can be reached during mediation or where all the parties are in agreement to waiver mediation, any dispute concerning the execution or interpretation of the contract will be submitted to the courts of Nivelles, which have sole competence.

Article 16. Survival of obligations

The obligations relating to client references, intellectual property rights and to the limitation of liabilities will survive any cancellation, resolution or annulment of any contract between the parties.