GENERAL TERMS AND CONDITIONS OF ONLINE SALES

1. DESCRIPTION
   1.1 The GTC define the rights and obligations of the parties in connection with the sale of products/services (hereinafter referred to as the “products/services”) via the website www.valerianschatten.com (hereinafter referred to as the “website”). These GTC govern all sales of products made on the website.
   1.2. The GTC are concluded between, on the one hand, Valérian Schatten, chaussée de wavre 644, Etterbeek, Brussels, Belgium, +32496391295, affiliated with PRODUCTIONS ASSOCIEES ASBL, registered with the Belgian Crossroads Bank for Enterprises under number 0896.755.397 (VAT BE 0896.755.397) whose registered office is located at 72, Rue Coenraets, 1060 Brussels, Belgium, hereinafter referred to as the “seller,” and, on the other hand, the person placing an order, hereinafter referred to as the “buyer.” The buyer and the seller are hereinafter jointly referred to as the “parties.”
   1.3 Any order for a product offered on the website (hereinafter the “order”) implies prior consultation and express acceptance of the GTC by the buyer, without this acceptance being conditional upon a handwritten signature by the buyer. In accordance with the provisions of the law of July 9, 2001, establishing certain rules relating to the legal framework for electronic signatures and certification services, the validation of the order form constitutes an electronic signature which has, between the parties, the same value as a handwritten signature and constitutes proof of the entirety of the order and the payability of the sums due in execution of said order.
   1.4 Buyers who wish to purchase a product on the website declare that they have full legal capacity.
2. PRODUCTS/SERVICES FOR SALE
   The products/services offered for sale are those listed on the website, with a description of their essential characteristics, on the day and at the time the buyer consults the website, and within the limits of available stock. The seller makes every reasonable effort to display the availability of products/services in real time on the website, but cannot be held liable if a product is no longer available to fulfill the order placed by the buyer. In the event of unavailability of one of the products/services ordered, the buyer will be informed and will have the option of either modifying their order or canceling it, in which case they will be refunded the amount of their order if they have already made payment.
3. SALE PRICE OF PRODUCTS/SERVICES DISPLAYED
   3.1 The price of each product is displayed on the website (hereinafter the “purchase price”) in euros and includes VAT. This price is valid in countries to which delivery is possible on the website, and does not include preparation and delivery costs, which are also payable by the buyer, nor the deduction of any discount or voucher granted to the buyer on a personal basis. The seller reserves the right to modify its prices at any time, but the products/services will be invoiced on the basis of the purchase price in effect at the time of order confirmation.
   3.2 When placing an order, the buyer agrees to pay, in addition to the purchase price of the products/services ordered, the preparation and delivery costs (hereinafter the “costs”). These costs vary depending on the type and quantity of products/services ordered and the delivery method chosen, and include VAT. The buyer can view the amount of these costs on the website by consulting their “Basket,” which displays a calculation of the total amount corresponding to the purchase price of the products/services and the costs. The seller reserves the right to change the amount of the fees at any time, but the fees will be charged based on the rates in effect at the time the order is confirmed, subject to availability. These fees remain due and will not be refunded if the buyer returns all or part of the order under their right of withdrawal.
   3.3 Products/services are only delivered to countries for which the site authorizes delivery. Buyers wishing to have their order delivered to one of the authorized countries but to an island within those countries will be charged an additional delivery fee. Any incorrect delivery address is the responsibility of the buyer and may result in additional charges. The delivery times indicated are not binding but are given for information purposes only. No delay in delivery shall give rise to the payment of damages to the buyer. The seller has the right to make partial deliveries. In the event of non-delivery of the goods, any sums paid by the buyer shall be refunded without interest or any other form of compensation.

ORDERING PROCEDURES
4.1 To place an order, the buyer must complete the order form provided on the website, providing the necessary information for identification purposes, including their surname, first name, and delivery address. The seller cannot be held responsible for the consequences of providing incorrect information. After completing the order form, the buyer is invited to complete the ordering process by clicking on “Confirm my order.” By doing so, the buyer declares that they fully and unreservedly accept these T&Cs and agree to pay the full amount due, i.e., the purchase price plus any fees, minus any vouchers.
4.2 The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer when registering (hereinafter the “order confirmation”). This order confirmation will include:
1° the main characteristics of the goods or services ordered;
2° the identity of the seller, including their company number and trade name;
3° the geographical address of the seller, as well as their telephone number and email address;
4° the total price of the goods or services, including all taxes and any additional transport, delivery, and other costs;
5° the terms of payment, delivery, and performance, and the date on which the company undertakes to deliver the goods or perform the services;
6° the terms and conditions provided by the company for the handling of complaints;
7° the conditions, time limit and terms and conditions for exercising the right of withdrawal;
8° the conditions under which the consumer will not benefit from the right of withdrawal, as set out in Art. VI. 53 of the Economic Law Code and Art. 7 of the GTC;
9° the existence of a two-year guarantee of conformity, as provided for in Articles 1649bis to 1649octies of the Civil Code, and a guarantee against hidden defects, as provided for in Articles 1641 to 1649 of the Civil Code and in Article 10 of the GTC;
10° the possibility of contacting the European dispute resolution platform to initiate an amicable settlement procedure.
The data recorded by the seller, as well as the order confirmation, shall constitute proof of the contractual relationship between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in the event of a dispute with the buyer, total or partial non-payment of a previous order, or refusal of credit card payment authorization by banking institutions. In this case, the seller shall not be held liable under any circumstances.

PAYMENT TERMS
5.1 Payment for purchases is made by Visa or Mastercard credit card, Maestro debit card, or PayPal.
5.2 The products ordered remain the property of the seller until full payment of the purchase price and the costs indicated at the time of the order.

DELIVERIES
6.1 Delivery is made by the seller worldwide (any taxes and import charges are the responsibility of the buyer).
6.2 The order is delivered to the address specified by the buyer.

6.3 For deliveries in Belgium, the seller will make every effort to ensure that the order is shipped to the delivery address within 5 working days of the order being confirmed and payment being received. The delivery driver will arrive at this address between 8 a.m. and 6 p.m. on working days and will hand over the package(s) to the recipient or any other person present at the address indicated. In case of absence, a notice will be left at the delivery address. It will then be up to the buyer to contact the delivery person to agree on either a new delivery date to the same address, a new delivery date to a new address, or collection from the nearest post office. If this is not done within 15 days of the notice left by the delivery person, or if the buyer is absent at the time of the new delivery, the order will be automatically returned to the seller, who will contact the buyer to schedule a new delivery of the order. In this case, additional delivery costs may be charged to the buyer.
6.4 For deliveries outside Belgium, the seller will make every effort to ensure that the order is delivered within 15 days of the order being confirmed. The delivery terms will be specific to the postal services of the country concerned.
6.5 If the buyer has designated the delivery company, the transfer of risk to the buyer takes place when the products ordered are made available to the delivery company. Proof of this availability will be provided by the control system used by the delivery company.

6.6 It is the buyer’s responsibility to check shipments upon arrival and to make any reservations or complaints that may be justified, or even to refuse the package if it appears to have been opened or shows obvious signs of damage. If there are any complaints following receipt of the order, it is mandatory to send an email to hello@valerianschatten.com, subject “Delivery complaint”, with supporting photos, within 48 hours of receipt of the order.

7. RIGHT OF WITHDRAWAL AND RETURN POLICY
   7.1 If the products/services purchased on the website do not suit the buyer, the buyer has a period of fourteen (14) calendar days, starting from the day after delivery, to cancel the purchase, without penalty and without giving any reason, in accordance with the Belgian Economic Law Code.
   Within this period, the buyer must notify the seller of their intention to exercise their right of withdrawal in the following manner:

• Send an email to hello@valerianschatten.com
  • Provide the buyer’s first and last name
    • Give a detailed description of the item(s) concerned, with reference to the number and date of the invoice issued
      or
• Fill in the form available on the SPF Economy website (https://economie.fgov.be/sites/default/files/Files/Forms/Formulaire-de-retractation.pdf)
  7.2 The return to the seller shall be made to the following address, unless otherwise instructed to the buyer, by any means of transport chosen by the buyer, who must retain proof of shipment.
  Rue des trois ponts 34, 1160, Auderghem, Brussels, Belgium
  7.3 If the buyer wishes to exchange the item instead of receiving a refund, they must specify this in the email and the seller will inform them of the availability of the item and the additional amount to be paid or the partial refund, if applicable.
  7.4 All costs and risks associated with returning the items shall be borne by the buyer.
  7.5 If the buyer exercises their right of withdrawal within the aforementioned period and returns the products no later than fourteen (14) days after communicating their decision to withdraw in accordance with the terms agreed in the preceding paragraphs, the seller undertakes to refund the purchase price to the buyer, provided that it has already been paid, upon receipt of the products by the seller.
  7.6 In the event of a refund for returned products/services, the seller shall credit the credit card used to pay for said products with an amount equivalent to their purchase price, less the amount of any vouchers or discounts applied at the time of ordering. The buyer shall be refunded in accordance with the terms agreed with the card issuer.
  7.7 The buyer may not exercise their right of withdrawal and/or exchange if the products delivered have clearly been used, have been damaged, have missing parts, or have had their labels removed.
  7.8 Products must be returned properly protected, in their original packaging, in perfect condition for resale (not damaged, spoiled, or soiled by the customer), accompanied by any accessories, instructions for use, intact and attached labels, etc., to the address indicated. Otherwise, they cannot be returned or exchanged.
  7.9 Products for which no information is provided to identify the sender (return number, order number, surname, first name, address) cannot be returned or exchanged either. Products that are returned but cannot be accepted by the seller are held at the seller’s premises for the buyer. The buyer remains liable for paying the price. In the event of abnormal or abusive returns, the seller reserves the right to refuse any subsequent orders.
  7.10 Finally, custom-made or personalized products/services cannot be returned or exchanged under any circumstances.
  7.11 The seller specifies the conditions, time limit, and procedures for exercising the right of withdrawal on the website, as well as the model withdrawal form.

7. PROTECTION OF BUYERS’ PERSONAL DATA
   8.1 The seller collects personal data concerning buyers, which is provided to them on the website or by email. The seller undertakes not to disclose this data to third parties. This data is confidential. It will only be used by the seller’s internal services for the processing of orders, for the purpose of strengthening and personalizing communication, in particular through newsletters/emails, as well as for the personalization of the website according to the preferences observed among buyers, or for the monitoring of creditworthiness.

8.2 The seller therefore does not sell, market, or rent information about buyers to third parties. In the event of the transfer or use of personal data by third parties, the seller undertakes to inform the buyer in advance and to allow them to exercise their right to object. The seller may also provide consolidated statistics relating to its buyers, sales, trade structure, and website information to trusted third parties, but these statistics will not contain any personal data. However, this article shall not prevent the transfer or assignment of activities to a third party.
8.3. The seller shall only retain personal data for as long as is necessary to achieve the specific purposes for which the processing is carried out. In determining the appropriate period, account shall be taken of the quantity, nature, and sensitivity of the personal data, the purposes for which they are processed, and the possibility of achieving those purposes by other means. Account shall also be taken of the need to comply with its legal and regulatory obligations. When the data are no longer necessary, they shall be destroyed.
8.4. The buyer has the right:

• to request information to find out whether the seller has personal information and, if so, what that information is and for what purposes it is processed;
• to access their personal data and, if necessary, to rectify it;
  • object to the processing concerned for reasons relating to their particular situation;
• obtain the erasure of such data or the restriction of its processing, which allows, for example, the seller to be asked to suspend the processing of personal data for the time necessary to verify the accuracy of certain data;
  • receive personal data concerning them in a structured, commonly used and machine-readable format, and transmit this data to another data controller;
• lodge a complaint with the Data Protection Authority if they find that this processing violates applicable laws and regulations.
  The buyer may exercise the above rights by means of a dated and signed request accompanied, for security reasons, by a copy of their identity card. The request may be sent to the seller by post to the address Rue des trois ponts 34, 1160, Auderghem, Brussels, Belgium, and by email, with an electronic signature, to hello@valerianschatten.com. The exercise of these rights is free of charge. However, if the request is manifestly unfounded or abusive, access may be refused and/or reasonable costs may be charged.

GUARANTEE OF CONFORMITY
All products purchased are covered by the two-year legal guarantee of conformity provided for in Articles 1649bis to 1649octies of the Civil Code, and the legal guarantee against hidden defects provided for in Articles 1641 to 1649 of the Civil Code. In accordance with Articles 1649bis to 1649octies of the Civil Code, consumers have, among other things, the right to obtain from the seller the repair or replacement free of charge of products that do not conform within two years of their delivery, provided that the request is made before the end of this period, or within one year of the discovery of the defect, if this period is longer. If a defect appears within the first six months, the seller is, in principle, liable. However, the seller may be exempted from liability by proving that the defect is due to misuse by the buyer. If a defect appears after this period, the seller may ask the buyer to prove that it is a lack of conformity that existed at the time of delivery of the goods.

LIABILITY
9.1. The seller only contracts obligations of means for all stages of access to the site, from ordering to delivery or subsequent services. The seller cannot be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion or the presence of computer viruses, or any event that can be qualified as force majeure. In any event, the seller’s liability under the GTC shall not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, regardless of the cause or form of the action concerned.
9.2 The seller cannot be held liable for cases of force majeure such as a delay in the performance or non-performance of its commitments due to events beyond its normal control.

11. INTELLECTUAL PROPERTY

All elements of the website, whether visual or audio, including the underlying technology, may be protected by copyright, trademarks, or more generally by intellectual property law. They are the exclusive property of the seller. The seller authorizes the buyer to place a simple link on their own website that directs users to the seller’s website. However, any hypertext link to the website that uses framing, in-line linking, or deep linking is prohibited. In any case, any link, even if tacitly authorized, must be removed upon request by the seller.

12. CONTACTING THE SELLER

If the buyer has any questions about their purchase, they may contact the seller using the contact form available in the “Contact” section of the seller’s website or by emailing hello@valerianschatten.com.


13. NULLITY AND INTEGRITY

If one or more provisions of the GTC are held to be invalid or declared as such in application of a law, regulation or following a decision by a competent court, the other provisions shall remain in full force and effect.

14. PROOF

The computerized records stored in the computer systems of the seller and its partners under reasonable security conditions shall be considered as proof of communications, orders, and payments between the parties. The parties accept the principle of electronic evidence (e.g., email, backups, etc.) in the context of their relations.

15. MODIFICATIONS

The seller reserves the right to modify the GTC and will communicate the new version to buyers via the website.

16. APPLICABLE LAW AND COMPETENT COURTS

The GTC are subject to Belgian law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. The buyer also has the option of contacting the European dispute resolution platform to initiate an amicable settlement procedure. In the absence of an amicable settlement, the courts of the judicial district of Brussels shall have sole jurisdiction.