CGV e-commerce Belgium

Article 1 - Definitions

The following will be designated:

- 'Site': the site https://www.sherkane.be and all of its pages.
- 'Products': all products (hardware) and services (intangible) that can be purchased or that can be subscribed on the site.
- 'Publisher': The person, moral or physical, responsible for editing and content of the site, and presented in the legal notice of the site.
- 'User': The user visiting and using the site.
- 'Customer / Buyer': An internet user purchasing a product or service on the site.

Article 2 - Mentions imposed by the law of confidence in the digital economy and object of the site

This site is published by the company Sherkane (Sole Proprietorship).

The legal information concerning the host and the publisher of the site, in particular the contact details and any information of capital and registration, are provided in the legal notices of this site.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the personal data policy of the site.

This site offers for sale online accessories and feed for animals and other consumer goods.

The site is free and open to all Internet users. The acquisition of a good or a service, or the creation of a member area, or more generally the navigation on the site supposes the acceptance, by the Internet user, of the whole of the present general conditions , which recognizes by the same fact that it has become fully acquainted with it. This acceptance may consist, for example, for the Internet user, to check the box corresponding to the acceptance sentence of these general conditions, having for example the mention "I acknowledge having read and accepted all the general conditions of the site. ". Checking this box will be deemed to have the same value as a handwritten signature from the user.

Acceptance of these general terms and conditions assumes that users have the necessary legal capacity to do so. If the user is a minor or does not have this legal capacity, he / she declares to have the authorization of a guardian, a curator or his / her legal representative.

The user acknowledges the proof of value of the automated registration systems of the publisher of this site and, unless he proves otherwise, waives any right to contest them in the event of a dispute.

  

Article 3 - Characteristics of the proposed products and services

The products and services offered are those which appear in the catalog published on the site. These products and services are offered within the limit of available stocks. Each product is accompanied by a description drawn up by the publisher according to the descriptions provided by the supplier. The photographs of the products in the catalog reflect a faithful image of the products and services offered but are not contractual insofar as they can not ensure a perfect similarity with the physical products.

The customer service of this site is accessible by e-mail to the following address: info@sherkane.be or by post to the address indicated in the legal notices, in which case the publisher undertakes to provide a response under 7 days.

Article 4 - Rates

Unless otherwise stated, prices in the catalog are prices in Euros inclusive of all taxes (VAT included), taking into account the VAT applicable on the day of the order.

Sherkane reserves the right to pass on any change in the VAT rate to the price of the goods or services. The publisher also reserves the right to modify its prices at any time. Nevertheless, the price listed in the catalog on the day of the order will be the only applicable to the buyer.

Article 5 - Member area

The registered user of the site (member) has the possibility to access it by logging on with his / her identifiers (e-mail address defined at the time of registration and password) or possibly by using systems such as connection buttons thirds of social networks. The user is fully responsible for protecting the password he has chosen. He is encouraged to use complex passwords. In case of forgotten password, the member has the possibility to generate a new one. This password constitutes the guarantee of the confidentiality of the information contained in its "my account" section and the user therefore refrains from transmitting or communicating it to a third party. Otherwise, the publisher of the site can not be held responsible for unauthorized access to the account of a user.

The creation of a personal space is an indispensable prerequisite for any order or contribution of the member on this site. To this end, the member will be asked to provide a certain amount of personal information. The member agrees to provide accurate information.

The purpose of data collection is to create a "member account". This account allows the customer member to view all his orders made on the site. If the data contained in the member account section were to disappear as a result of a technical breakdown or a case of force majeure, the responsibility of the site and its publisher could not be engaged, since this information has no probative value but only informative. The pages relating to member accounts are freely printable by the holder of the account in question but are in no way a proof, they are only informative to ensure efficient management of his orders or contributions by the member.

The publisher reserves the exclusive right to remove the account of any member who has contravened the present general conditions (in particular but without this example being of any exhaustive nature, when the member willfully provided false information during his registration and the creation of his personal space) or any account that has been inactive for at least one year. Such removal shall not be liable to constitute injury to the excluded member who shall not be entitled to any compensation for that fact. This exclusion does not exclude the possibility for the publisher to institute judicial proceedings against the member when the facts have justified it.

Article 6 - Exemption from the liability of the publisher in the execution of this contract

In the event that the site can not be accessed, due to technical problems of any kind, the user can not claim any damage and will not be entitled to any compensation. The unavailability, even if extended, of any product or products, even if extended, shall not constitute prejudice to Internet users and may in no way give rise to the award of damages from the site or of its publisher. The photographs and visuals of the products presented on the site are not contractual, the responsibility of the publisher of this site can not therefore be engaged if the characteristics of the objects differ from the visuals present on the site or if these are erroneous or incomplete.

The hypertext links present on this site can refer to other websites and the responsibility of the publisher of this site can not be engaged if the content of these sites contravenes the legislation in force. Similarly, the responsibility of the publisher of this site can not be engaged if the visit, by the Internet user, of one of these sites, was causing him a prejudice.

Article 7 - Geographical limitation of use

The use of the services of the site is limited to Belgium, Netherlands, Metropolitan France, Luxembourg, Germany

Article 8 - Intellectual property rights relating to the elements published on this site

All the elements of this site belong to the publisher or to a third party agent, or are used by the publisher on the site with the authorization of their owner. Any copy of the logos, textual, pictographic or video content, without this enumeration being restrictive, is strictly prohibited and is similar to counterfeiting. Any member who is found guilty of infringement would be liable to have his account abolished without notice or indemnity and without this deletion being capable of constituting him harm, without reservations of possible subsequent legal proceedings against him, on the initiative the publisher of this site or its agent.

The present site uses elements (images, photographs, contents) whose credits belong to the suppliers.

Article 9 - Contribution of Internet users to the content of the site

Internet users are offered the possibility to contribute to the content of this site, by publishing photos.


Contributors are informed that the publisher of the site, represented by the moderators, may choose to post the article in question on the newsletters of this site and on the sites of all its partners, cite the pseudonym of the contributor. The author therefore waives his rights on the content of the contributions, to the benefit of the publisher of the site, for any distribution or use, even commercial, on the Internet support, this, of course, always respecting the paternity of the author.

Article 10 - Limitation of liability

The publisher of the site can not be held liable for any damage resulting from the use of the Internet network such as loss of data, intrusion, viruses, rupture of the service of the site, or others.

The publisher of the site, especially in the process of online sales, is bound only by an obligation of means.

The publisher of the site the company Sherkane can not be held responsible for the non-performance of the contract concluded, due to the occurrence of an event of force majeure. In the case of products purchased, the publisher will not be liable for any consequential damages resulting from the present, loss of use, loss of profit, damage or expenses, which may arise. The choice and the purchase of a product or a service are placed under the sole responsibility of the customer. The total or partial inability to use the products in particular due to incompatibility of the material can not give rise to any compensation, reimbursement or questioning of the liability of the publisher except in the case of a hidden defect proven , non-conformity, defect or exercise of the right of withdrawal if applicable, ie if the client is not a professional and the contract passed to acquire the good or service allows the retraction, according to the articles of Book VI of the Code of Economic Law. In the event of non-delivery of an order or part of an order, the customer has 60 days from the scheduled delivery date in order to cancel the order automatically by sending a registered letter with acknowledgment of receipt . Beyond this deadline, no claim will be accepted.

The user expressly agrees to use the site at his own risk and under his exclusive responsibility. The site provides the user with information as a guide, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, the company Sherkane can under no circumstances be held responsible:

- any direct or indirect damage, in particular as regards loss of profits, loss of profit, loss of customers, data which may result from the use of the site, or the impossibility of use ;
- a malfunction, an unavailability of access, a misuse, a bad configuration of the user's computer, or the use of a browser little used by the user ;
- content of advertisements and other external links or sources accessible by the user from the site.

Article 11 - Access to the site

The publisher of the site can not be held liable because of a technical unavailability of the connection, due in particular to a case of force majeure, maintenance, updating, modification of the site site, hosting, internal or external strike, network failure, power outage, or improper configuration or use of the user's computer.

Article 12 - Closure of Account

Each user is free to close their account on the site. For this, the member must send an e-mail to the site indicating that they wish to delete their account. No data retrieval will be possible.

Article 13 - Applicable law and mediation

These general conditions are subject to the application of Belgian law. They may be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of his order or his connection on this site. The publisher of course undertakes to retain all of its previous terms and conditions and to send them to any user who so requests.

Any disputes which may arise in connection with the execution of the present general conditions may, prior to any legal action, be submitted to the editor of the site for a friendly settlement. It is expressly recalled that requests for a friendly settlement do not suspend the time allowed for bringing legal proceedings. Unless otherwise provided, public policy, any legal action relating to the execution of this contract shall be subject to the jurisdiction of the courts of the jurisdiction of the Commercial Court of Liège.

Mediation of consumption

In accordance with Book XVI of the Code of Economic Law, Sherkane Entreprise Individuelle offers its clients, in the context of disputes that could not be resolved amicably, the Service of Mediation for the Consumer.
It is recalled that mediation is not mandatory but only proposed in order to resolve disputes avoiding recourse to justice.

Article 14 - Use of Cookies

A "Cookie" allows the identification of the user of a site, the personalization of its consultation of the site and the acceleration of the display of the site thanks to the recording of a file of data on his computer. The site may use cookies primarily to 1) obtain navigation statistics to improve the User's experience, and 2) allow access to a member account and content that is not accessible without a connection.

The User acknowledges being informed of this practice and authorizes the publisher of the site to resort to it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in the case of legal requisition. The User may refuse the registration of "Cookies" or configure his browser to be warned before accepting the "Cookies". To do this, the User will proceed to the setting of his browser:

- For Internet Explorer: https://windows.microsoft.com/en-US/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/en-us/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=en&hlrm=en&safe=on
- For Firefox: https://support.mozilla.org/en/kb/activer-deactivate-cookies
- For Opera: https://help.opera.com/Windows/10.20/en/cookies.html

Article 15 - Purchase order and description of the purchase process

The "intangible object", which includes all the goods or services selected by the user of the site for the purchase by, having clicked on these objects, will be defined hereafter as "Basket". Once the user thinks he has selected and added to his basket all the items he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. It will then be redirected on a summary page on which it will take notice or where will be communicated to him the number and characteristics of the products ordered, as well as their unit price.

If he wishes to validate his order, the user must check the box relating to the ratification of these general conditions of sale and click on the validation button. The user will then be redirected to a page in which he will have to fill in the fields of the order form. In the latter case, he will have to fill in a number of personal data concerning him, necessary for the orderly progress. Once the user has filled in the form, he / she will then be asked to make payment with the means of payment listed in the section of these general terms and conditions relating to payments. After a few moments the Internet user will be sent an e-mail confirming the order, reminding him of the content of the order and the price of it.

The products and articles sold remain the property of the seller until full payment of their price, in accordance with this retention of title clause.

Article 16 - Payment Information

The user can place an order on this site and can make his payment by credit card, bank transfer.
Credit card payments are made by secure transactions provided by "Hipay" an online payment platform provider.

This site does not have access to any data relating to the means of payment of the user. Payment is made directly to the bank or the payment service provider receiving payment from the Customer. In the case of payment by bank transfer, the delivery periods defined in the article below start to run only from the date of actual receipt of payment by the seller, the latter being able to provide proof by any means . The availability of the products is indicated on the site, in the description sheet of each article.

Discount Codes and Gift Codes

When using a discount code or a gift code, the conditions of use in force must be respected (eg minimum order quantity, validity period, etc.). The corresponding information is indicated with the relevant code. In all cases, only one code can be accepted per order and per customer. A cash payment and a posteriori compensation with previous orders are not possible. It is strictly forbidden to resell codes.  

Article 17 - Delivery or provision

The delivery costs will be indicated to the customer before any settlement and concern only the deliveries made in Belgium. For any other place of delivery, it will be up to the customer to contact customer service. A surcharge for delivery costs outside Belgium may apply.

Unless otherwise indicated on the site during the ordering process or in the description of the products ordered (products not in stock or available only on order), the publisher agrees to deliver the products in stock within a maximum of 8 days after receipt of payment.

The Sherkane company can not be held responsible for any delay in delivery due to the responsibility of the delivery service.

The buyer can refuse a parcel at the time of delivery if he finds an anomaly concerning the delivery (damage, missing product in relation to the delivery note, damaged parcel, broken products ...); any anomaly must then be indicated by the buyer on the delivery note, in the form of handwritten reserves, accompanied by the signature of the buyer. In order to exercise his right of refusal, the buyer must open the deteriorated or defective parcel (s) in the presence of the carrier and take back the deteriorated merchandise. Failure to comply with these requirements will prevent the buyer from exercising his right of refusal and Sherkane will not be obliged to accede to the buyer's request to exercise his right of refusal.

If the buyer's parcel is returned to the publisher by post, the publisher will contact the buyer upon receipt of the parcel in return to ask him to follow up on his order. If the buyer has wrongly refused the parcel he can ask for the return by paying in advance the postage costs for the new shipment. Postal charges will have to be paid even for orders whose shipping costs were offered at the time of the order.

In case of error of delivery or exchange (if the right of withdrawal is applicable according to article 53 of book VI of the Code of Economic Law), any product to be exchanged must be returned to the company Sherkane in its entirety, in perfect condition and in its original packaging. Any defect or degradation resulting from an awkwardness or a false maneuver of the buyer can not be attributed to the company Sherkane.

In accordance with article 53 of Book VI of the Code of Economic Law, and if the right of withdrawal is applicable, the consumer has 14 working days from the date of delivery of his order to return any article not requiring it and requesting the exchange without penalty, with the exception of return costs, within fourteen days of receipt by the Sherkane Company of the exchange request. The product must be returned in perfect condition, in its original packaging and not used. If necessary, it must be accompanied by all its accessories. If the previous obligations are not fulfilled, the buyer will lose his right of withdrawal and the product will be returned to him at his expense.

The buyer is advised to return by a solution enabling a tracking of the package. Otherwise, if the returned parcel fails to reach the Sherkane company, it will not be possible to initiate a survey with the postal services to ask them to locate the latter.

The costs of return in case of withdrawal remain the responsibility of the buyer.

After receipt and acceptance of the complaint, the company Sherkane will communicate by email, fax or telephone to the buyer the terms of exchange of the products. In order to properly process the request, the client is requested to attach a copy of the invoice for any claim.

Any delivery delay of more than seven working days may lead to the resolution of the sale on the initiative of the consumer, upon written request of the customer by registered letter with acknowledgment of receipt. The consumer will then be reimbursed, within a maximum period of fourteen days, the sums he has incurred when ordering. This clause shall not apply if the delay in delivery is due to force majeure or any delay in delivery due to the responsibility of the delivery service. In such a case, the customer agrees not to prosecute the site and its publisher and waives the right to resolve the sale provided for in this article.

Article 18 - Guarantee of products purchased on this site

All articles acquired on this site benefit from the following legal guarantees, provided for in articles 1641 and following of the Civil Code;

Warranty for all customers

The seller is obliged to deliver goods in conformity with the contract and to answer for any defects of conformity existing during the delivery of the goods. The guarantee of conformity could be exercised if a defect should exist on the day of taking possession of the product and the seller is liable for any lack of conformity which would become visible within two years from that date.

If the defect has occurred within 6 months after this date, it is presumed to have been present as soon as the goods have been delivered (unless the defect is due to abnormal use of the property). On the other hand, after this period of 6 months, it will be up to the customer to prove that the defect existed at the time of possession of the property.

Guarantee of hidden defects

The customer may request the exercise of the guarantee of latent defects if the defects presented did not appear at the time of purchase, prior to the purchase (and therefore not resulting from the normal wear and tear of the product for example) and shall be sufficiently serious (the defect must either render the product unfit for its intended use or reduce such use to such an extent that the purchaser would not have bought the product or would not have bought it such price if he had known the default).

Claims, requests for exchange or reimbursement for a non-conforming product must be made by post or by e-mail to the addresses indicated in the legal notice of the site, within thirty days from the delivery date delay does not apply in case of hidden defect, as stated above). The shipping costs of return of the goods are the responsibility of the buyer.

In case of non conformity of a delivered product, it can be returned to the seller who will exchange it. If the product can not be exchanged (obsolete product, out of stock, etc.) the buyer will be reimbursed by transfer of the amount of his order.

Article 19 - Archiving

Sherkane will archive purchase orders and invoices on a reliable and lasting basis as a faithful copy in accordance with the provisions of article 1348 of the Civil Code.
Computerized records shall be considered by the parties as proof of communications, orders, payments and transactions between the parties.

Article 20 - Supervision of conditions

If any provision of the General Conditions is found to be unlawful, void or for any other reason unenforceable, then such provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They replace any previous or contemporaneous written or oral agreements. The terms and conditions are not transferable, transferable or sublicensable by the user himself.

A printed version of the Terms and all notices in electronic form may be requested in judicial or administrative proceedings relating to the General Terms and Conditions. The parties agree that all correspondence relating to these general conditions must be in the French language.

Article 21 - Notifications

All notices or notices concerning these terms and conditions, legal notices or personal data policy must be in writing and must be delivered by hand, registered or certified mail, by post from a nationally recognized courier service which allows to follow regularly its packages, or by mail to the addresses indicated in the legal mentions of the site, specifying your surnames, first names, coordinates and object of the notice.

Article 22 - Complaints

Any claim related to the use of the website, the service offered on this site, or any other related service, the pages of the site on any social networks or the general terms, legal notices or charter of personal data must be filed in the 365 days following the source day of the source of the claim, irrespective of any law or rule of law to the contrary. In the event that such a claim has not been filed within 365 days, such a claim will forever be inapplicable in court.

Article 23 - Inaccuracies

It may be possible to find inaccuracies or errors in the entire website and the services offered, and to a limited extent, or to disagree with the general conditions, legal notices or charter of personal data. In addition, unauthorized changes may be made by third parties on the site or on ancillary services (social networks, etc.). We are working to make sure that these gaps are corrected.

If this is not the case, please contact us by post or by e-mail at the addresses indicated in the legal notice of the site with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For copyright applications, please refer to the section on intellectual property.

Article 24 - Cancellation form

In accordance with article 53 of Book VI of the Code of Economic Law, the Customer may find below a standard form of withdrawal for an order placed on the site, to be sent to the company Sherkane in registered order with acknowledgment of receipt. It is understood that the client will bear the costs of returning the goods in the event of withdrawal, as well as the cost of returning the goods if they can not normally be returned by post, due to their nature, and that retraction may take place only under the conditions of withdrawal stipulated in the present general conditions of sale.

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To the attention of Sherkane, 283, rue de Juprelle 4432, Alleur (Liège) (info@sherkane.be)

Name, First name and Address of the Client:

Date of Mail:

Subject: Withdrawal

Dear,

I wish to avail myself of the right of withdrawal provided for in article 53 of book VI of the Code of Economic Law concerning the contract for the order placed with your company on the website https://www.sherkane.be and on the following property:

Date of the order :

Total amount tax included:

Counting on you for your complete cooperation,
Yours sincerely, Dear Sir / Madam.

Signature:

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Article 25 - Exceptions to the right of withdrawal

The site offers the sale of the following Products, for which the right of withdrawal can not apply, under article 53 of book VI of the Code of Economic Law: perishable goods, personalized products, order at the request of the customer d not shown in the site catalog.

The customer acknowledges that he / she is aware of this list, which can be recalled during the sale process and requires for the waiver to be valid an express waiver by the customer of his right of withdrawal (for services starting immediately after purchase and fully executed before the end of the withdrawal period, and for digital content that is not provided on a physical medium and for which the execution of the contract begins immediately after purchase), and therefore waives its right of withdrawal.

 

All rights reserved - October 24, 2016