Dernière mise à jour le 04/11/2022 à 17:30 (UTC+1).
Any order made by the Customer on the Site, requires the prior acceptance of the Terms and Conditions of Sale.
The Customer declares that he has read these General Conditions of Sale and accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure. Except special conditions mentioned on the front of the invoice/purchase order/price offer and signed for agreement by the customer, are only valid and to the exclusion of all others, the general conditions listed below.
1. Champs d’application
1.1 The execution of the transaction and the delivery are carried out exclusively according to these terms and conditions at the time of the order, on which are based all the contracts concluded with our company on the basis of the offers offered on our web pages www.ilanga-nature.com. Any general conditions contrary to or derogating from the general provisions set out below are not applicable. The terms and conditions set out below are exclusively valid, even when we perform delivery and service without reservation and in full knowledge of the existence of conditions contrary to or derogating from these terms and conditions.
1.2 The term “consumers” mentioned in these terms and conditions must be understood within the meaning of Article I.1, 2° of the Belgian Economic Law Code, namely “any natural person who acts for private purposes that are not part of his commercial, industrial, craft or liberal activity”.
1.3 The term “undertaking” has the same meaning as in Article I.1, 1° of the Belgian Economic Law Code, namely “each of the following organizations: (a) any natural person who carries on a professional activity independently; (b) any legal person; (c) any other organization without legal personality”.
1.4 “Customers” as defined in these General Terms and Conditions can therefore be both consumers and entrepreneurs.
1.5 Lorsque les délais sont indiqués en jours ouvrables, ceux-ci correspondent à tous les jours de la semaine à l’exception des samedis, dimanches et jours fériés légalement reconnus.
2.1 We are not responsible for the content that would be included in the sections reserved for this purpose (e.g. in blogs). The content must not violate any third party rights. No claim to the preservation or publication of content inserted by you (e.g. product evaluation) can exist.
2.2 You must refrain from any disturbance of the web pages and any other use of the data beyond the scope of the intended use respectively within the platform. Any manipulation for the purpose of obtaining unauthorized payments or other benefits to our detriment or to the detriment of other customers may give us the right to pursue legal proceedings to seek damages.
2.3 Each customer is only entitled to maintain one customer account at a time. We reserve the right to delete multiple entries and to give a warning or dismiss members who violate the provisions of these GTC.
3. Language and conclusion of the contract
3.1 In our online shop, contracts can only be concluded in French.
3.2 If these Terms and Conditions are written in a language other than French, the parties agree that the French version will serve as a reference in case of interpretation problems.
3.3 By clicking on the Confirm button, you send a firm order regarding the goods contained in the cart. The confirmation of receipt of the order immediately follows the dispatch of the order. If you have not received the confirmation of receipt for ten minutes after clicking on the Confirm button, you must contact the seller by e-mail at [email protected].
3.4 The seller is not obliged to accept the registration or order of a registered customer. We are not obliged to keep our offer permanently available. Orders already confirmed by us are not affected by this article.
Our offers are made without obligation and may be modified or withdrawn until the conclusion of the sale. All orders are binding on us only after our written confirmation. Quotes, studies and offers remain our property. Under no circumstances may they be reproduced, copied or executed without our prior written consent.
Therefore, a firm and definitive contract is concluded at the time of sending the order confirmation.
4. Data protection
4.1 By registering on the site www.ilanga-nature.com, the customer chooses whether to receive advertising or other information from the seller, via different communication channels (e-mail, mail, telephone). If the customer has subscribed to the newsletters, they can unsubscribe at any time, easily and free of charge, by following the instructions in the respective message or by contacting the seller’s Customer Service.
4.2 The seller transmits the personal data to third parties only to the extent that they are essential for the proper execution of the order or payment (e.g. transmission of the data to La Poste, to a collection company in case of non-payment, etc.), for customer information or for conducting surveys. Our partners delete the personal data of our customers as soon as they have lost their usefulness and, in any case, at the expiry of the retention period set by law. Information is treated with the utmost confidentiality.
5.1 The prices fixed are denominated in euros and are net, including VAT, taxes or other charges which are always borne by the buyer.
The prices indicated in the offer at the time of order validation are applicable to orders in our online shop. The prices do not include postage. Participation in shipping, transportation and delivery costs as well as optional services previously subscribed by the Customer are not included in the price displayed, and remain the responsibility of the Customer. The payment requested from the Customer corresponds to the total amount of the purchase, including these fees.
The Company is free to change prices at any time. Of course, for orders already validated, the applicable prices will be those in force when the order is validated.
5.2 In the event that the delivery time differs significantly from the day the contract is concluded, and if production costs (including transportation costs) increase (for example due to an increase in the price of energy or certain raw materials), and only in this case, the seller is entitled to pass this increase on to the price. In this case, the buyer is notified of the change in price at least 5 days before the delivery date. If the buyer does not contest this change in writing within 48 hours, the new price will be deemed accepted by the buyer and will be the law of the parties.
In the event of a dispute, either the order will be delivered at the original price, or the contract will be terminated, without compensation, within 24 hours of the buyer’s dispute.
6.1 When concluding the contract, the customer agrees to receive his invoices exclusively in electronic form.
6.2 In case of purchase by credit card, your credit card account is debited at the time of the conclusion of the order. The Customer undertakes to ensure its solvency before any order.
6.3 Please note that we only accept payments from accounts held within the European Union (EU) and Switzerland. Under no circumstances do we bear the costs of a payment transaction.
6.4 Payments are made by credit card. Payments are made via the secure STRIPE/PAYPAL systems that use the SSL (Secure Socket Layer) protocol, ensuring that the information transmitted is encrypted by a software and that no third party can read it during transport on the network.
6.5 The Company disclaims all liability in case of dispute between Customer and STRIPE or PAYPAL.
7. Delay in payment
7.1 Any sum not paid by the due date shall give rise to the application as of right, and without formal notice, to the payment of late interest corresponding to 12% per year.
The late payment will also give rise to a lump sum compensation equivalent to 10% of the amount of the invoice, with a minimum of €50.00, without prejudice to late interest and damages.
8. Réserve de propriété
8.1 Any goods that are not paid by the due date remain our property or until the invoice is paid in full – the deposit is non-refundable.
As long as this price is not paid in full, the buyer allows us to access his warehouses and workshops in order to allow us to check the condition of these. During this period, the goods sold may not be transferred to a third party by the buyer or be pledged or used as security, under penalty of incurring the criminal or civil liability of the buyer.
This does not hinder, from the delivery of the goods, the transfer of the risks of the goods to the buyer.
9.1 The Customer must refer to the description of the Product in order to know its essential properties and particularities.
9.2 The photographs and graphics presented on the Site are not contractual and cannot engage the liability of the Company.
10.1 For deliveries, we use the Belgian post office, Bpost.
10.2 We do not assume any procurement risk, even in the case of a contract of sale for a tailor-made good. We are only required to deliver items that we have in our stock of goods or that we have received from our suppliers following our order.
10.3 Our delivery obligation is cancelled when we are not delivered correctly or on time despite the existence of a compliant and adequate hedging market and when we are not responsible for the unavailability of the goods, that we immediately informed you and that we did not assume any procurement risk. In case of unavailability of the goods, the item is indicated as «unavailable» on the site and you do not have the possibility to add it to your cart.
10.4 The delivery time is 5 working days for Belgian standard packages and 7 working days for foreign packages.
10.5 The delivery time is extended appropriately in case of force majeure preventing delivery. Are assimilated to a case of force majeure: strike, lockout, intervention of the authorities, shortage of raw materials or energy, difficulty of transport of which we are not responsible, prevention of exploitation of which we are not responsible, e.g. due to fire, water or damage to machinery and any other impediments which may objectively be considered not to be our responsibility or fault. We will immediately inform you of the beginning and end of such impediments. If the impediment resulting from the aforementioned cases persists for more than 4 weeks beyond the original delivery period, you are then entitled to terminate the contract. No additional claims, including damages, exist.
10.6 The deletion of one or more Products intended for sale on the Site and the modification of the characteristics of a Product remain at the sole discretion of the Company, and may not result in the payment of any compensation to the Customer.
10.7 With regard to consumers, the risk of loss and degradation of the goods sold is transferred at the time of delivery of the goods to the consumer or to a consignee designated by the latter in the case of mail-order sales. This is valid regardless of whether the shipment is covered by insurance or not. In other cases, the risk of loss and degradation of the goods is transferred to the buyer at the time of delivery of the goods or, during mail order sales, at the time the goods are deposited with the freight forwarder or the person or company responsible for carrying out the consignment.
10.8 Check the condition of goods delivered immediately to exclude material and manufacturing defects and damage due to transport. In accordance with the law, you are obliged to report to us any defect or anomaly affecting the goods delivered to enable us to remedy it.
10.9. Transportation: All specific instructions must be communicated in a timely manner and in writing in a clear, complete and accurate manner. The goods are normally transported under normal conditions at the expense of the purchaser. The risks and liability of the goods are borne by the buyer from the moment of departure from our factory or warehouse.
11.1 In the case of contracts outside the establishment, the buyer has, in accordance with Article VI.67 §1 of the French Economic Law Code, the right to renounce his purchase within 14 days, without having to bear any costs other than those provided for in Article VI. For this purpose, it is possible to use the withdrawal form provided by the seller.
Articles VI.47 and VI.58 shall apply to distance contracts.
More precisely, for any purchase on www.ilanga-nature.be, you receive an optional right of return valid for 14 days in total. In accordance with this, you can terminate the contract by returning the goods to us within 14 days after receipt (the period begins the day after receipt of the goods). Timely delivery is sufficient to meet the deadline. However, the conditions for exercising the right of return are that you have not unpacked the goods, as would be possible in a real shop, and that you return the complete and undamaged goods. In addition, we ask you to return the goods in their original packaging.
11.2 The right of return is not applicable when purchasing a gift voucher.
11.3 If your return shipment is due to an error on our part, we will refund the postage. Otherwise, the return costs are at your expense. Please send the goods to:
ILANGA NATURE SA
Rue Nicolas Darche, 14
11.4 The refund is always made to the bank account or PayPal account whose details you have provided to the seller. Please ensure that you have access to this account, as the seller does not assume any responsibility in this regard.
12. Warranty and Claims Management
12.1 The statutory warranty requirements apply.
12.2 Apparent defects:
The delivery of the goods is deemed to be approval and receipt, unless there is a specific and detailed complaint by the buyer at the time the goods are picked up at our factory or before unloading at the buyer’s.
The buyer may not refuse to receive the delivery of the goods in case of apparent defect not affecting the quality of the product.
When a complaint is lodged and substantiated, we take over the replacement or refund of the non-compliant or defective goods.
Nous ne serons redevables d’aucune indemnité quelconque. L’agréation couvre tous les défauts apparents c’est-à dire tout ce qu'il est possible à l’acheteur de déceler au moment de la livraison par un contrôle attentif et sérieux.
12.3 Apparent defects:
The goods sold are guaranteed against only serious hidden defects for a period of one month during their receipt and provided that they are kept and used under normal conditions and have not been modified.
Our company cannot be held responsible when the buyer uses the goods for a use other than that provided for by the technical requirements specific to each category of goods sold.
The warranty may be granted only if the defect renders, to a significant extent, the goods unfit for the use for which they are usually intended or for a special purpose expressly mentioned in the special conditions of sale.&
The implementation of the guarantee must be done by registered letter within 7 days of the discovery of the defect by the buyer, without forfeiture.
The purchase invoice or a copy of it must be attached to the mail. Otherwise, we are not obliged to guarantee the hidden defects of the goods.
Our warranty is limited, at our choice, to free repair or replacement of the defective goods. Under no circumstances is it reimbursed. The buyer must return the defective goods to our factory at his own expense and risk for repair or replacement.
We will bear the costs of return and return to the buyer if the goods to which the warranty applies prove to be defective.
12.4 Limitation of Liability:
From the time of delivery, we no longer assume any liability other than that provided for in section 10.
As a result, we are not liable for any damage and interest for personal injury, damage to property separate from the goods sold, or any other injury arising directly or indirectly from the defects of the goods sold.
12.5 The products sold on the Site comply with the regulations in force in Belgium. The quality of the products is guaranteed until their date of consumption indicated on the packaging.
12.6 The Company’s guarantee is, in any event, limited to the replacement or refund of non-compliant or defective Products.
12.7 We attach great importance to customer satisfaction. You can contact us at any time. We will endeavour to examine your request as soon as possible and will contact you after receipt of the documents, your request or complaint. However, please allow us some time as the manufacturer’s assessment is often required in warranty cases. In the case of complaints, you will help us by describing the problem or defect as precisely as possible and by sending us copies of the order documents or at least the order number, the customer number, etc. If you have not received a response from us within 5 days, please contact us again.
13. Droits immatériels
To the extent permitted by law, the seller retains all intangible property rights.
14. Limitation de responsabilité
The Company may exempt itself from all or part of its liability by providing proof that the non-performance or the bad performance of the contract is attributable either to the Customer; or to the unpredictable and insurmountable fact of a third party to the contract, a case of force majeure as defined by law and jurisprudence.
15. Applicable law
Applicable law, jurisdiction
15.1 Belgian law applies to all legal acts and other legal relationships between the customer and us. United Nations Trade Law (CISG) and other possible interstate agreements or treaties are not applicable. For contracts concluded for a purpose which cannot be attributed to a professional or commercial activity of the beneficiary (contracts with consumers), that choice of applicable law is only valid in so far as the legal protection granted is not overridden by mandatory requirements of the legislation of the State in which the consumer is resident.
15.2 In trade with traders and with legal persons under public law, our registered office is the competent jurisdiction for all disputes relating to these Terms and Conditions and all contracts concluded in the field of application thereof-including any actions in payment of bills or cheques. In such case, we are also entitled to bring an action in the jurisdiction of the customer’s registered office.
With regard to consumers, the competent court is that of the consumer’s domicile.
16. Modification of the Terms and Conditions
We are entitled to unilaterally modify these General Terms and Conditions to the extent that they form an integral part of the contractual relationship with the customer and to the extent that such a modification serves to remove imbalances that have subsequently arisen or to adapt to any legal or technical conditions that have been modified. Therefore, it is understood that the terms and conditions in force on the Site on the day of the placing of the order are applicable.
17. Saving clause
In the event that certain isolated provisions of the Contract, including these Rules, are found to be partially or fully unenforceable or become unenforceable or if the Contract contains an unforeseen deficiency, however, this would in no way restrict the validity of the remaining provisions or parts previously mentioned. The respective legal regulations then replace the unenforceable or missing provisions.
18. Seller Contact Information
ILANGA NATURE SA, 14 rue Nicolas Darche, 5660 Mariembourg, Belgique
[email protected] +32 60 45 64 38