General Terms & Conditions
1. Introduction
This document (together with any documents referred to herein) sets out the terms and conditions governing the use of this website and the purchase of products via the website (the "Terms and Conditions").
Please read these Terms and Conditions before using this website. By using this website, you agree to be bound by these Terms and Conditions.
Please do not use this website if you do not accept all of these Terms and Conditions.
These Terms and Conditions are subject to change. It is your responsibility to read them regularly, as the Terms and Conditions in force at the time you use this website or at the date of formation of the Agreement (as defined below) will apply.
2. Information about us
This website is operated under the name of LES COMPTOIRS D'ORTA, whose head office is located at 173 chaussée de Vleurgat 1050 Brussels (BELGIUM) and whose intra-Community VAT number is as follows: BE 0648.67.44.34
3. Privacy policy
Any personal information or data you provide to us will be treated in accordance with the Privacy Statement. By using this website, you agree to the processing of information and data, and you declare that all the information and data you have provided to us is accurate and true.
4. Use of our website
These Terms and Conditions are the only terms and conditions applicable to the use of this website and supersede all other terms and conditions, unless otherwise agreed in writing by the Seller. These Terms and Conditions are important to both you and us in that they have been drawn up to create a legally binding agreement between us, protecting your rights as a consumer and our rights as a business. You acknowledge that by placing an order you accept these Terms and Conditions without reservation and have read them.
When registering personal data, the Customer must ensure the accuracy and completeness of the data provided. In the event of an error in the wording of the recipient's details, Les Comptoirs d'Orta shall not be held responsible for the impossibility of delivering the product.
By using this website and/or placing an order through it, you agree :
- To use this site only for legitimate requests or orders.
- Not to place speculative, false or fraudulent orders. If we have reason to believe that such an order has been placed, we will be entitled to cancel the order and inform the relevant authorities.
- You also agree to provide an email address, postal address and/or other contact information and acknowledge that we may use this information to contact you if necessary.
If you do not provide us with all the information we require, we may not be able to process your order.
By placing an order on this website, you guarantee that you are at least 18 years of age and are legally capable of entering into binding agreements.
5. Formation of the contract
Before placing your order with an obligation to pay, you can check the items, prices, charges and applicable delivery dates and correct your details. The contract is concluded when we send you confirmation that we have accepted your order. The dispatch confirmation subsequently informs you that the items have been sent; the contract is not postponed until manufacturing has been completed.
The terms applicable are those accepted when the order was placed. Payment is subject to the arrangements presented and accepted before checkout. Pre-ordering a standard catalogue item does not, in itself, make it a personalised or tailor-made item: the right of withdrawal in article 13.1 applies.
6. Availability and pre-orders
Pre-order items are identified on their product pages. Pre-orders allow us to organise manufacturing according to the orders received. Each item has its own delivery date or period, shown on its product page before you place your order.
If we are unable to supply an ordered item, we will inform you without undue delay and refund the amounts due for the cancelled part of the order. We will not impose a substitute item or store credit.
7. Processing orders
Before accepting an order, we may refuse it due to unavailability, unauthorised payment or another legitimate reason, including fraud. We will inform you and refund any amounts already received for the refused order.
An accepted order is binding on Orta. Removing an item from the website afterwards does not change that commitment. Articles 6 and 8 apply if we are unable to supply an item or delivery is delayed, without affecting your statutory rights.
8. Delivery and combined orders
The delivery date or period for each item is shown on its product page before checkout. It takes into account the time required for that item, including manufacturing for pre-orders, preparation and transport. There is no single manufacturing lead time for all pre-orders.
When several items are combined in one order for delivery together, the delivery date or period for the entire order is that of the item scheduled for delivery last. Items available earlier are held until the combined order can be dispatched. This also applies to orders combining in-stock items and pre-order items.
The applicable delivery time is the one communicated when the order was placed. A later change to a product page does not automatically change that time. Where separate deliveries are expressly agreed, the delivery dates for the relevant items apply.
If delivery is delayed, we will inform you and provide a revised estimate. This does not mean you automatically accept a new deadline. If we do not deliver within the agreed time, you may ask us to deliver within an additional period appropriate to the circumstances. If we fail to do so, you may end the contract and obtain a refund of the amounts due without undue delay. No additional period is required if we refuse delivery or if the agreed date is essential under the conditions laid down by law.
Delivery means that you, or a third party designated by you other than the carrier, take physical possession of the items.
9. Failed delivery
If delivery cannot be completed because of incorrect details, absence or an uncollected parcel, contact us to resolve the situation. Simply failing to collect a parcel does not constitute a clear withdrawal notification.
When a parcel is returned to the sender, we do not offer standard reshipment. We inform you about its handling and the refund of the amounts due. The rules and deadlines in article 13.1 remain applicable when you exercise your right of withdrawal. Article 8 applies where Orta fails to deliver. Any costs may only be charged as permitted by law, with no automatic cancellation penalty.
10. Risk and title
You shall assume the risks associated with the Products from the date of delivery.
Ownership of the Products shall not be passed to you until we have received the full payment due for the Products, including delivery charges, or from the time of delivery (as defined in clause 8 above), if this occurs later.
11. Prices and payment
The prices of the Products will be as stated on our website at all times, except in the case of obvious errors. Although we endeavour to ensure that all prices stated on our site are accurate, errors may occur. If we discover an error in the price of the products you have ordered, we will notify you as soon as possible and give you the opportunity to reconfirm the order at the correct price or cancel it. If we are unable to contact you, the order will be considered cancelled and if you have already paid for the products, you will receive a full refund.
We are not obliged to sell the Products to you at an incorrect (lower) price (including after sending a Dispatch Confirmation) if the pricing error is obvious and unequivocal and could reasonably be identified by you as such.
The prices displayed on our website include VAT but do not include delivery charges. These will be added to the total amount.
Prices are subject to change at any time. However (unless otherwise stated above), such potential changes will not affect orders for which an Order Confirmation has been sent.
Once you have completed your selection of products, all the items you wish to purchase will be added to your basket. You will then need to log in and proceed to checkout.
To do this, you must
- Click on the "Shopping Bag" button on the right-hand side of the page.
- Click on the "Order" button.
- Fill in or check your personal details, order details, delivery address and billing address.
- Click on "Continue".
- Fill in your credit card details.
You can pay by Paypal, Credit Card (Visa, Mastercard, etc), Bancontact, Apple Pay, Alma (payment in several instalments without fees, only available for Belgium, France, Germany, Spain and Italy).
Your card details will be encrypted to limit any risk of unauthorised access. Once we have received your order, we will request a pre-authorisation from your card to ensure that you have sufficient funds to complete the transaction.
By clicking on "Complete Order" you confirm that the credit card used is yours.
Credit cards are subject to validation checks and authorisation by your card issuer. In the absence of the required authorisation, we will not be responsible for any delays or non-delivery of the order and will not be able to form any Contract with you.
12. Value added tax
In accordance with the applicable rules and regulations, all purchases made through the website are subject to Value Added Tax (VAT).
As such, and in accordance with Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax, the place of supply is assumed to be the Member State of the address to which the items are to be delivered, and the VAT applicable will be that in force in each Member State in which the items are to be delivered in accordance with the orders placed.
In accordance with Article 283-1 of the French General Tax Code, deliveries of goods made on French territory to customers duly identified for French VAT will be invoiced under the reverse charge system. French customers will be responsible for paying French VAT under the reverse charge mechanism through their respective (French) VAT return.
In addition, supplies made to other Member States than France to customers identified for VAT purposes in that other Member State will be invoiced with the application of the exemption provided for in Article 138 of Directive 2006/112/EC as an intra-Community supply of goods, after having received from the customer a VAT number (other than a French VAT number) that appears to be valid on the European VAT number validation site 'VIES'
Any additional costs related to the delivery of your order (customs fees, import fees, taxes) are to be paid by you.
Exchange and return policy
13.1 Withdrawal, returns and refunds
You have 14 calendar days from the day after receiving your items to notify us of your decision to withdraw, without giving a reason. If items from a single order are exceptionally delivered separately, the period starts on the day after the last item is received. If the deadline falls on a Saturday, Sunday or public holiday, it is extended to the next working day.
This right applies to standard pre-order items. The period does not start when you pay or place the order. You may also exercise your right of withdrawal before delivery. Statutory exceptions include goods made to your specifications or clearly personalised; starting manufacture after an order is placed does not, in itself, amount to personalisation.
To withdraw, send us a clear statement, for example by email to bonjour@orta-store.com or by post to the seller’s address in these terms. You may use the model withdrawal form, but this is not compulsory. You do not have to use your customer account. Providing your order number and the relevant items helps us process your request.
After notifying us, you have 14 days to send the items back. Dispatch before that deadline is sufficient: the parcel does not need to have reached the warehouse by then. Keep proof of postage. Please include the return slip available in your customer account if you have it; its absence does not remove your right of withdrawal.
You may try on items as you would in a shop to assess their nature, characteristics and size. Protect them for transport and retain packaging and labels where possible. You may be liable for a justified loss in value resulting from handling beyond this assessment. No automatic washing, dry-cleaning or restoration fee is charged merely because you return an item.
Returns are covered from mainland France, Belgium, Germany, the Netherlands and Luxembourg under Orta’s communicated return procedure. From other countries, you bear the direct return costs if informed of them before ordering. Contact us for instructions and the return address. These arrangements are separate from the handling of defective goods.
We refund the amounts due without undue delay and no later than 14 days after receiving your withdrawal notification. Unless we offer to collect the goods ourselves, we may withhold the refund until we receive the goods or evidence that you have sent them back, whichever occurs first.
If you withdraw from the entire order, the refund includes the original standard delivery charges; any extra cost for a more expensive delivery method you selected is excluded. We use the original payment method unless you expressly agree to another method at no cost to you. We do not impose store credit instead of a refund that is due.
We do not offer standard exchanges for a different size, colour or model: you can return the item and place a new order subject to availability, which is not guaranteed after a pre-order closes. This does not limit your remedies for non-conforming goods under article 13.2. Earlier orders retain any more favourable terms applicable to them.
Model withdrawal form (complete and send only if you wish to withdraw): To LES COMPTOIRS D’ORTA, at the address in article 2, bonjour@orta-store.com. I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods: [items]. Ordered on / received on: [date]. Name of consumer(s): [name]. Address of consumer(s): [address]. Signature of consumer(s), only for a paper form: [signature]. Date: [date]. Delete as appropriate.
13.2 Defective or non-conforming goods — statutory guarantee
Non-conforming goods are covered by the statutory guarantee, separately from change-of-mind returns. New consumer goods benefit from a two-year statutory conformity guarantee from delivery, without prejudice to any more favourable mandatory rights. The 14-day withdrawal period does not limit this guarantee.
What the guarantee does not cover : The guarantee does not cover normal wear and tear or damage caused by an accident, improper use or care that does not follow the instructions on the label, including washing, drying or ironing instructions.
Each claim is assessed individually, in accordance with the legal rules on the burden of proof. Premature wear caused by a lack of conformity of the product remains covered.
Contact bonjour@orta-store.com with your order details and a description of the defect. Photos can help us assess the issue. Failure to request a return within 14 days does not remove your statutory guarantee rights.
Under the conditions laid down by law, you may request repair or replacement free of charge, unless impossible or disproportionate. A price reduction or termination of the sale with a refund is available in the circumstances provided by law, including where bringing the goods into conformity is impossible or is not completed within a reasonable time and without significant inconvenience. Orta bears the costs necessary to remedy a defect covered by the guarantee.
14. Liability
Orta is responsible for its obligations under applicable law. Nothing in these terms limits the statutory conformity guarantee, the right of withdrawal or other mandatory consumer rights.
We do not exclude liability where exclusion is prohibited, including for fraud, gross negligence, death or personal injury for which we are responsible. A technical error on the website does not affect your mandatory rights or our obligations under an accepted order.
15. Intellectual property
You acknowledge and agree that any copyright, trademark or other intellectual property rights in the information or content on this site shall at all times remain with us or our licensees.
You are permitted to use this information to the extent expressly permitted by us. This does not prevent you from using this website to the extent necessary to make a copy of any order or details of a Contract.
16. Viruses, hacking and other cybercrime
You must not knowingly introduce viruses, Trojan horses, logic bombs or other harmful content, attempt unauthorised access to the website, its server or databases, or disrupt its operation, including through denial-of-service attacks.
These acts may be criminal offences. We may report them to the relevant authorities and cooperate with them. Access to the website may be terminated in case of misuse. Our liability remains subject to article 14 and mandatory law.
17. Links to third-party websites
The website may contain links to third-party websites or documents for information purposes. We do not control their content. Those services are subject to their own terms, without affecting our statutory obligations.
18. Written communications
We communicate mainly by email about your order. Information that must legally be provided on a durable medium is sent in a form you can retain. A later change to a webpage does not change the agreed terms. Your statutory rights remain unaffected.
19. Notices and contact
You can contact us at bonjour@orta-store.com or by post to the seller’s address in these terms. Any unequivocal statement is sufficient to exercise withdrawal under article 13.1; neither a customer account nor exclusively electronic communication is compulsory. We use the contact details you provide to inform you about your order.
20. Transfer of rights and obligations
The Contract between you and us is binding on you and us and our respective heirs and assigns.
You may not transfer, assign, charge or otherwise dispose of any Contract, or any of your rights or obligations under it, without our prior written consent. You may not transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of your rights or obligations under it, at any time during the term of the Contract. For greater clarity, no transfer, assignment, charge or other disposition will affect any legal rights you may have as a consumer or in any way negate, reduce or limit any warranty we may have given you, whether expressed or implied.
21. Force majeure
If an event meeting the legal conditions for force majeure prevents performance, we inform you about its consequences and possible solutions and take reasonable steps to limit its effects. A manufacturing or transport delay does not automatically constitute force majeure. This provision does not remove your mandatory rights to termination and refunds or allow delivery deadlines to be extended indefinitely.
22. Waiver
If we waive, at any time during the course of the Contract, our insistence on the strict performance of any of your contractual obligations, or any of these Terms and Conditions, or if we waive any of our rights or recourse to which we are entitled under the Contract, this shall not constitute a waiver of such rights or recourse and shall not relieve you from compliance with such obligations.
A waiver by us of any breach shall not constitute a waiver of any subsequent breach.
No waiver by us of any of these Terms and Conditions shall be effective unless we expressly state that it is a waiver and you are notified in writing in accordance with the Notifications section above.
23. Autonomy
If any provision of these Terms and Conditions or of a Contract is found to be invalid, illegal or unenforceable by any competent authority, it shall be severed from the remaining provisions which shall remain valid to the extent permitted by law.
24. Content of the contract
The contract includes these terms and the information provided before the order, including item characteristics, price, the agreed delivery period and the order confirmation. These terms do not exclude binding pre-contractual information or commitments, or your statutory remedies.
25. Changes to these terms
We may change these terms for future orders. A later amendment does not change the terms of an order already placed, except as required by mandatory law. Earlier orders retain their applicable terms, including any more favourable rights.
26. Law and jurisdiction
Contracts for the purchase of products concluded through our site shall be governed by Belgian law.
Any dispute arising out of or in connection with such Contracts shall be subject to the non-exclusive jurisdiction of the Belgian courts.
The provisions of this article shall in no way affect any legal rights you may have as a consumer.
Data protection
1. Who are we ?
We are LES COMPTOIRS D'ORTA SPRL and we process your personal data as co-processors. This means that we are jointly responsible for the processing and protection of your personal data.
2. Why do we use your personnal data ?
Among other purposes, we will use your data (obtained online) to manage your registration as a user, to manage the purchase of products, to answer your questions, and to send you personalised communications.
3. What is the basis for processing your personnal data ?
We are competent to process your data for various reasons. The most important is that it is necessary to fulfil the contract you have entered with us by registering and making a purchase, although there are other reasons why we are permitted to do so, such as the need to answer your questions or the consent given to send you our newsletters.
4. Who do we share your data with ?
We share your data with our logistics team who help us to deliver to you efficiently and as quickly as possible. We also share your data with our development team who help us solve IT problems.
5. Your rights ?
You have the right to access, correct and delete your personal data. In some cases, you also have other rights, for example, the right to object to the processing of your data or the right to portability.
Comments
We welcome your comments and remarks. Please send us all your comments and remarks via our e-mail address - bonjour@orta-store.com