Updated on 20/10/2021
The website :
- Xanilla® (hereafter the "Platform")
Is an initiative of :
- Xanilla®
- rue Notre-Dame 104,
- 1370 Jodoigne
- Belgium
- Company number (VAT) : BE0779 379 459
- E-mail : contact@xanilla.eu
(hereafter "Xanilla ®" or the "Seller")
I. GENERAL CONDITIONS OF USE
1. Scope of application
These general conditions of use (hereinafter the "GCU") apply to any visit or use of the Platform and its information by an Internet user (hereinafter "User").
By visiting or using the Platform, the User acknowledges having read these CGU and expressly accepts the rights and obligations set forth herein.
The provisions of the GCU may exceptionally be waived by written agreement. These derogations may consist in the modification, addition or deletion of the clauses to which they relate and have no impact on the application of the other provisions of the GCU.
We reserve the right to change our GCU at any time, without prior notice, but we agree to apply the provisions that were in effect at the time you used our Platform.
2. Platform
a. Access and navigation
We take all reasonable and necessary measures to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer any guarantee of absolute operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements present on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice
b. Content
Xanilla ® determines in large part the content of the Platform and takes great care of the information on it. We take all possible measures to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete at any time the Platform and its contents, without liability.
Xanilla ® cannot offer an absolute guarantee concerning the quality of the information present on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Consequently, Xanilla ® cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information presented on the Platform.
If some contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as soon as possible by mail so that we can take appropriate measures.
Any download from the Platform is always at the risk of the User. Xanilla ® cannot be held responsible for any damage, direct or indirect, resulting from these downloads, such as loss of data or damage to the computer system of the User, which are entirely and exclusively the responsibility of the latter.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically mean that there is a relationship between Xanilla ® and the external website or even that an implicit agreement exists with the content of these external sites.
Xanilla ® has no control over external websites. We are therefore not responsible for the safe and proper functioning of hyperlinks and their final destination. From the moment the User clicks on the hyperlink, he leaves the Platform. Therefore, we cannot be held liable for any subsequent damage.
4. Intellectual property
The structure of the Platform, but also the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make it up or that are accessible via the Platform are the property of the publisher and are protected as such by the laws in force under intellectual property.
Any representation, reproduction, adaptation or partial or total exploitation of the contents, trademarks and services offered by the Platform, by any process whatsoever, without the prior, express and written authorization of the publisher, is strictly forbidden, except for the elements expressly designated as free of rights on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Except with prior written consent, Users are not authorized to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data on the Platform that would modify or be likely to modify its content or appearance.
5. Protection of personal data
The personal data provided by the User when visiting or using the Platform are collected and processed by Xanilla ® exclusively for internal purposes. Xanilla ® assures its users that it attaches the greatest importance to the protection of their privacy and their personal data, and that it is always committed to communicating clearly and transparently on this point.
Xanilla ® undertakes to comply with the applicable legislation on the subject, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
The User's personal data are processed in accordance with the Privacy Policy available on the Platform
6. Applicable law and jurisdiction
These Terms of Use are governed by Belgian law.
In case of dispute and in the absence of amicable agreement, the dispute will be brought before the courts of the judicial district where Xanilla ® has its headquarters.
7. General provisions
Xanilla ® reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring liability.
In case of violation of the GCU by the User, Xanilla ® reserves the right to take appropriate measures of sanction and redress. Xanilla ® reserves the right to deny the User any access to the Platform or our services temporarily or permanently. These measures may be taken without giving any reason and without notice. They can not engage the responsibility of Xanilla ® or give rise to any form of compensation.
The illegality or the total or partial invalidity of a provision of our Terms of Use will have no impact on the validity and application of other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. GENERAL TERMS AND CONDITIONS OF SALE
1. Scope of application
These general terms and conditions of sale (hereinafter the "GTC") define the reciprocal rights and obligations in case of purchase of products or services on the Platform by a User (hereinafter "Customer").
The GTC express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
In exceptional cases, the provisions of the GTC may be waived insofar as such waivers have been agreed upon in writing. These exceptions may consist of the modification, addition or deletion of the clauses to which they relate and have no impact on the application of other provisions of the GTC.
Xanilla ® reserves the right to modify the GTC from time to time. The changes will be applicable as soon as they are posted online for any purchase after that date.
2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the Seller cannot be committed of this fact.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online store.
3. Prices
The Seller reserves the right to modify its prices at any time by publishing them online.
Only the prices indicated and the taxes in force at the time of the order will apply, subject to availability at that date.
The prices are indicated in euros and do not take into account the possible expenses of delivery, which are indicated and invoiced in supplement before the validation of the order by the Customer.
The total amount of the order (including all taxes) and, if applicable, delivery charges is indicated before final validation of the order form.
4. Online order
The Customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products or services.
For the order to be validated, the Customer will have to accept the present GTC by clicking on the place indicated.
The Customer must provide a valid e-mail address, billing information and, if applicable, a valid delivery address. Any exchange with the Seller may take place by means of this e-mail address.
In addition, the Customer shall choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in the event of non-payment, incorrect address, or any other problem on the Customer's account until the problem is resolved.
5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until the full payment of the order is received.
a. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation is considered as a signature.
The Customer guarantees to the Seller that he has the necessary authorizations to use this method of payment and acknowledges that the information given for this purpose is proof of his consent to the sale as well as the due date of the sums due for the order.
The Vendor has set up a procedure for verifying orders and means of payment to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In case of refusal of authorization of payment by credit card by the accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is pending
b. Confirmation
Upon receipt of the validation of the purchase together with the payment, the Seller shall send the Customer an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.
In case of unavailability of a service or a product, the Seller will inform the Customer by e-mail as soon as possible to replace it or to cancel the order of this product and possibly to refund the related price, the rest of the order remaining firm and definitive.
6. Proof
Communications, orders and payments between the Customer and the Vendor may be proven by means of computerized records kept in the Vendor's computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
7. Delivery
Delivery is made only after confirmation of payment by the Seller's bank.
The products are delivered to the address indicated by the Customer on the online order form. Any additional costs resulting from incomplete or erroneous information provided by the Customer will be charged to the Customer. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
The delivery intervenes, according to the mode chosen by the Customer, within the following times: Deliveries from 3 to 10 working days
Delivery times are given as an indication. No compensation may be claimed from the Seller or the carrier in the event of late delivery. If the delivery time exceeds thirty days from the order, the sales contract may be cancelled and the Customer reimbursed.
a. Control of the order
Upon receipt of the products, the Customer or the recipient shall verify the good condition of the delivered product or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary claims to the carrier at the time of delivery and immediately inform the Vendor.
Verification shall be deemed to have been carried out as soon as the Customer or a person authorized by him has received the order without expressing any reservations.
Any reservation not made in accordance with the rules defined above and within the time limits set shall not be considered and shall release the Seller from any liability towards the Customer.
b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the indications on the order form, the Customer shall inform the Vendor within three working days following the delivery date.
Any claim not made within the time limit shall not be taken into account and shall release the Vendor from any liability towards the Customer.
c. Returns and exchanges
The product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging, according to the following terms and conditions:
If you are not satisfied with your purchase, for whatever reason, you have 14 days from the date of receipt of your order to return your product.
You can return your product (at your expense) to the following address: Xanilla® Rue Notre Dame 104 B – 1370 Jodoigne
Specifying the model you want to get in exchange/
The new product will be sent at our expense (after payment of the difference, if any).
It is imperative to attach the purchase invoice or the delivery note as well as the completed return form.
Your product must be returned in its original condition, without having been worn or showing any traces, packed in its original packaging
Any claim and any return not made within the rules defined above and within the time limits shall not be taken into account and will release the Seller from any responsibility towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The return costs are at the expense of the Customer.
8. Warranties
The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
a. Warranty of conformity
If the Customer is a consumer, he has a period of two years from the delivery of the product to implement the legal guarantee of conformity. Notwithstanding, if the product purchased was a second-hand good, the warranty period is one year.
The lack of conformity must be reported to the Seller as soon as possible and, in any case, no later than two months after its discovery.
9. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.
After having communicated his decision to withdraw, the Customer has 14 days to return the goods.
Any withdrawal not made in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Seller from any liability towards the Customer.
The Customer may request a refund of the returned product, without penalty, except for the return shipping costs, which remain at the Customer's expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
The Seller shall reimburse the Customer for the totality of the sums paid, including delivery costs, within 14 days of the recovery of the goods or of the transmission of a proof of shipment of these goods.
If the order concerns, in whole or in part, digital content not provided on a physical medium, Customer hereby agrees to forfeit, for such digital content, its right of withdrawal in order to be delivered as soon as possible.
10. Data Protection
The Seller shall keep in its computer systems and under reasonable security conditions a proof of the transaction including the order form and the invoice.
The Seller guarantees its Customer the protection of the latter's personal data in accordance with the Privacy Policy available on the Platform.
11. Force majeure
If the Seller is prevented from fulfilling the order in whole or in part due to unforeseen circumstances beyond his control, this shall be deemed to be force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately.
If the force majeure continues for more than 90 days without interruption, either party to the contract shall be entitled to terminate the contract unilaterally by certified mail sent to the other party. The services already rendered by the Seller shall nevertheless be invoiced to the Customer in proportion.
12. Independence of the clauses
The illegality or invalidity of any provision of these GTC shall not affect the validity and enforceability of the remaining provisions. Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
13. Applicable law and jurisdiction
These GTC are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district of the Seller's registered office.