General Terms & Conditions
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 06126.96.36.199
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. Utilisation de notre site internet
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
The information set out in these General Terms and Conditions and the details on this website do not constitute an offer to sell but rather an invitation to enter into a contract. No contract shall exist between you and us in relation to the products until we have accepted your order. If your order is not accepted and the amount has already been debited from your account, you will receive a full refund.
To place an order, you will be asked to follow the online shopping process to submit the order. You will then receive an email from us confirming the receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to buy one or more products from us. All orders are subject to our acceptance and we will confirm this acceptance by sending you an email confirming the dispatch of the Product(s) (the "Dispatch Confirmation"). The contract for purchase of the Product will only be formed between you and us with the Dispatch Confirmation. The Contract will only relate to the Products which we have confirmed in the dispatch confirmation. We will not be obliged supply you with any other products that are included in the order, so long as their dispatch has not been confirmed in a dispatch confirmation.
6. Availability of products
All product orders are subject to availability.
In this respect, in the event of delivery difficulties or stock shortages on the products ordered, we reserve the right to provide you with information on replacement products of equal or greater quality and value that you will be able to order. If you do not wish to order these replacement products, you will be fully refunded.
7. Rejection of order
We reserve the right to remove any product from this website and/or replace or amend any document or content on this website at any time. Whilst we endeavour to process all orders at all times, there may be exceptional circumstances in which we will refuse to process an order after an Order Confirmation has been sent. We reserve the right to do so at any time and at our sole discretion.
We shall have no liability to you or any other third party as a result of our decision to remove any product from our site, whether or not it has been sold, to replace or amend any material or content on this site, or to refuse to process or accept any order after the relevant Order Confirmation has been sent.
Subject to the terms of clause 6 above, and other than in exceptional circumstances, we will endeavour to process your order for the Product(s) specified in the Dispatch Confirmation by the delivery date set out in the document or, if no such date is stated, within 15 days of the date of the Dispatch Confirmation.
Please note that the products are delivered in a recycled plastic envelope suitable for the package, placed in a cotton pouch and scented with Orta mist.
Reasons for delay may include:
- product customisation;
- specialised items;
- unforeseen circumstances;
- delivery location.
Shipping times may be longer during collection releases. Please note that orders are prepared Monday to Friday.
For the purpose of these Terms and Conditions, the "delivery" will be considered completed or the order delivered upon receipt of the order at the agreed delivery address.
Depending on the country of delivery, your packages are delivered by Bpost, Colissimo, Chronopost or Colissimo International.
Delivery times depend on your choice of carrier.
9. Inability to deliver
We shall understand that you wish to cancel the Contract and the Contract may be deemed to have been terminated on the expiry of a period of 15 days from the date on which your order is ready for delivery during which the order has not been delivered for reasons for which we are not responsible. If the Contract is deemed to be terminated, we will refund the price paid for the goods as soon as possible, and in any event, within 30 days of the date on which we consider the Contract as terminated. In such cases, we will be entitled to charge you for the delivery costs and any costs incurred in terminating the Contract.
If your package is returned to the sender, the sender will be refunded within 5-10 working days. Logistically, it is not possible to offer a reshipment.
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 Right of withdrawal
Under the applicable regulations, as a contracting consumer, you have the right to cancel the Contract at any time. You have a right of withdrawal of 15 days from the day following the delivery of the products, otherwise the sale is deemed to be firm and final. Subject to compliance with all the following terms and conditions, the seller will refund you.
- The use of this right of withdrawal for defective products must be notified in advance by e-mail to the following address: email@example.com, accompanied by photos of the defect in question.
- We do not carry out exchanges, if you wish for a new size, a new colour or even a new piece, you just have to proceed with your return request and place a new order on the e-shop.
- If we make an error in the delivery of the product, we will, if possible, reship it.
- You have fourteen (14) days after your purchase to return your items. Items must be returned in their original packaging, in new condition, with original tags, unworn and unwashed.
- For any item returned stained or damaged, the cost of packaging, washing and/or dry cleaning will be deducted immediately from the refund.
- The consumer is furthermore informed that the right of withdrawal does not apply to personalised products and custom-made products.
- The return of the product is at the expense of the consumer if the place of delivery is outside metropolitan France, Belgium, Germany, the Netherlands and Luxembourg.
If you have any questions, do not hesitate to contact us by email at firstname.lastname@example.org or by phone on +32 2 633 29 45 / +33 1 79 73 22 24.
13.2 Apparent defect and non-conformity of products
If you consider that the product is visibly defective or does not conform to the Contract at the time of delivery, you must contact us by e-mail on email@example.com with details of the product and a description of the defects/damage found. Otherwise, no claim will be valid and no return or exchange will be possible.
You can also contact us by phone at +32 2 633 29 45 or +33 1 79 73 22 24 where we will inform you of the steps to follow.
14. Liability and exclusions
Our liability in respect of any product purchased via our website is strictly limited to the purchase price of that product.
Nothing in these Terms and Conditions shall exclude or limit our liability for:
- death or personal injury caused by our negligence;
- fraud or gross negligence, including on the part of our employees or agents; or
- any matter for which it would be illegal or contrary to law for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the following paragraph and to the extent permitted by law, and except as otherwise provided in these Terms and Conditions, we do not accept any liability for consequential losses arising as a side effect of the main loss or damage and arising or caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including but not limited to: (i) loss of profit or revenue; (ii) loss of business; (iv) loss of anticipated savings; (v) loss of data; and (vi) waste of management time or labour.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of information transmitted to or obtained from this website, except as expressly provided on this website.
All product descriptions, information and materials on this site are provided "as is" and without warranties of any kind, express, implied or otherwise.
To the extent permitted by law, but not to the exclusion of what may not be lawful in the case of consumers, we disclaim all warranties.
The provisions of this section shall not affect your statutory rights as a consumer or your right to cancel.
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 cybercrimes
You may not misuse this website by knowingly introducing viruses, Trojan horses, logic bombs or other malicious or technologically harmful material. You will not attempt to gain unauthorised access to this website, the server that hosts this website or any other server, computer or database linked to our website. You agree not to attack this website via a "denial of service" attack or a distributed denial of service attack.
Violation of this provision may constitute a criminal offence under applicable law. We will report any such breach to the relevant law enforcement authority and will cooperate with the relevant authority to disclose the identity of the hacker. Similarly, in the event of such an infringement, your right to use this website will cease immediately.
We accept no responsibility for any loss or damage resulting from a "denial of service" attack, virus or other malicious or technologically harmful software or material on your computer, equipment, data or information arising from your use of this website or from your downloading of any content from it and from content to which this website links.
17. Links from our website
Links to third party websites and documents may appear on our website; such links are provided for information purposes only and we have no control whatsoever over the content of such websites or documents. Accordingly, we will not accept any liability for any loss or damage that may arise from the use of such links.
18. Written communications
Applicable law requires that some of the information or communications we send to you be in writing. When you use this website, you agree that communications with us will be primarily electronic. We will contact you by e-mail or inform you by posting notifications on this site. For contractual purposes, you agree to these electronic means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. These requirements do not affect your statutory rights.
All notifications sent by you to us must be sent by e-mail (firstname.lastname@example.org). Subject to and except as otherwise provided in clause 16, we may send notifications to you at the email or postal address you provide to us when you place your order.
Notices shall be deemed to have been received and properly given when posted on our website, 24 hours after an e-mail is sent, or three days after a letter is sent. To demonstrate delivery of a notification, it will be sufficient to prove, in the case of a letter, that such letter was properly sent, stamped and posted, and in the case of an email, that it was sent to the email address provided by the recipient.
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. Events beyond our control
We shall not be liable for any failure or delay in performance of our contractual obligations caused by events beyond our reasonable control ("Cases of Force Majeure").
A Force Majeure Event includes any act, event, non-performance, omission or accident beyond our reasonable control and includes in particular (without limitation)
- strikes, lockouts or other industrial action;
- civil commotion, riots, invasions, terrorist attacks or threats of terrorist attacks, war (declared or undeclared) or threat or preparation for war;
- fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
- the impossibility of using rail, sea, air, road or other private or public transport;
- the impossibility of using public or private telecommunications networks;
- acts, decrees, legislation, regulations or restrictions of any government;
- strikes, failures or accidents in shipping, postal or other transport.
Our performance under any Contract shall be suspended for the duration of the Force Majeure Event and our time for performance shall be extended accordingly. We shall use our best endeavours to put an end to the Force Majeure or to find a solution that allows us to perform our contractual obligations despite the Force Majeure.
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.
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. Entire agreement
These Terms and Conditions and any document expressly referring to them represent the entire agreement between you and us in relation to the Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or written.
We each acknowledge that in entering into this Agreement neither of us has relied on any representation, undertaking or promise given by the other or implied by any oral or written statement made in the course of negotiations prior to this Agreement between you and us, except as expressly stated in these Terms and Conditions. Each of us waives any recourse to any misrepresentation made by the other, either orally or in writing, prior to the date of the Contract (unless such misrepresentation was made fraudulently) and the only recourse shall be to terminate the Contract as provided in these Terms and Conditions.
25. Our right to amend these terms and conditions
We have the right to revise and amend these Terms and Conditions from time to time. You will be subject to the terms and conditions in force at the time you order our products or use this website, unless a change to these terms and conditions is required by law or a regulatory authority, in which case it will apply to orders you have previously placed.
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.
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.
We welcome your comments and remarks. Please send us all your comments and remarks via our e-mail address - email@example.com