Terms and conditions
Art. 1 Applicability
These Terms and Conditions apply to all relationships, actions and agreements between B-Media International SRL (hereinafter "seller") and any visitor (hereinafter "customer") of the website www.b-zou.com (hereinafter "website"). Any order made by the customer is subject to the provisions in these Terms and Conditions and is referred to as the "order".
Art. 2 Identity of the seller
Company Name: B-Media International SRL
Acting under the brand: SHARX
Adress: Clos des Pommiers 4, 1420 Braine-L’Alleud (Belgium)
Website: www.b-zou.com
Email: info@sharx.be
VAT BE 0505.621.606
Art. 3 General Provisions
The parties agree that their relations, operations and agreements are governed exclusively by these Terms and Conditions.
If any provision from these Terms and Conditions were to be found lacking, these matters would be subject to the usual procedures applied in the Belgian online sale sector.
The non-application of any provision of these Terms and Conditions can never be regarded by the customer as a waiver of these Terms and Conditions.
These Terms and Conditions define, among others, the terms of sale between the seller and the customer, from order to payment and delivery.
If the customer is not in possession of a username, hereinafter "username", the customer must follow a registration procedure after which he then receives a username.
In all cases, the final confirmation of the order by the customer implies its acceptance, in its entirety and at the price indicated.
A calendar day is hereinafter referred to as "day". A day other than a Saturday or a Sunday and not being a public holiday in Belgium, is hereinafter referred to as "working day".
Art. 4 Products
All information regarding the products (technical data, origin, ...) is listed on the explanatory webpage of each product.
The seller tries to describe the offered products as accurately as possible. Obvious mistakes or errors in the offer do not bind the seller.
Art. 5 Prices
The price is unique for all orders and is displayed on the website
The seller reserves the right to change the price at any time.
The price displayed on the website is in Euros and includes:
- VAT
- costs linked to online payment
- costs linked to the service and order processing
Sales excluding VAT for customers who are not subject to VAT can only occur if written evidence is given in advance to the seller.
Art. 6 Ordering Procedure
The customer selects products on the website by clicking the "Add to cart" (or similar) button next to the corresponding product. When the customer has selected products, signed in with his username and checked the shipping data, he can proceed to placing the order.
The order can be placed only if the customer was clearly identified through his strictly personal username. Therefore, the customer must sign in. If the customer does not have a personal username, which mainly occurs when the customer makes his first order on the website, the customer must register via the website. After registering on the website, the customer receives a personal username.
The order is placed by the customer on the website. To be exact, the order is placed when the customer clicks on the "order with obligation to pay" button or similar meaning button.
The placement of the order implies acceptance of the price and descriptions of the products as well as these Terms and Conditions. By placing an order online and checking the "Agree" checkbox, the customer explicitly states the intention to conclude a purchase agreement with the seller and agree to these terms and conditions.
The agreement between the seller and the customer is established when the order is placed by the customer. A placed order implies a payment obligation for the customer.
Once the customer has placed his order, the seller confirms the order by e-mail to the customer, hereinafter the "e-mail of confirmation". This e-mail of confirmation includes a summary of the order and the terms and conditions of the order or a reference where the customer can find the terms and conditions of the order.
Regarding the products for which the seller works with stock, the seller undertakes to process each received order to the extent that all the products of the order be in stock at the time the order was placed by the customer. In the absence of availability of the product, the seller undertakes to inform the customer as soon as possible.
Art. 7 Payments
Payments are always done electronically via credit card or bank transfer. Each order is payable immediately after placing the order. The customer undertakes to make the payment immediately after placing the order.
The customer must inform the seller immediately of any inaccuracies in supplied or specified payment data.
Art. 8 Order processing
After reception of the due amounts, the seller will execute orders within 2 days. The seller will observe the greatest possible care when receiving and processing orders. Any delay in processing the order does not entitle the customer to any compensation.
Additional to these 2 days, one has to add days for transport.
Art. 9 Deliveries
The place of delivery, hereinafter "delivery address", is the address that the customer has communicated to the seller before placing the order. The delivery time of the products varies between 1 and 3 workdays
Products are shipped in envelopes.
All orders are insured against damage and loss during transport.
Upon reception of the shipment, the customer must verify the integrity of the parcel as well as the integrity of the products. This verification must be done in the presence of the person in charge of the delivery. If the customer has any doubts about the condition or content of the shipment, the customer must refuse it upon reception. Any refused product must be handed back, in its genuine packaging, to the person in charge of the delivery.
The seller can temporarily suspend deliveries in the following cases: problems with the internal network, with the telephone network or with the internet. The fulfillment of the contract is then suspended until the problems are solved without entitling the customer the right to dissolve the agreement or ask for damages.
Art. 10 Right of withdrawal
The customer may withdraw an agreement regarding a purchase over a period of 14 calendar days, hereinafter the “withdrawal period”, without giving any reason. The seller may ask the customer about the reason for withdrawal, but the customer is not compelled to disclose his or her reason(s).
The withdrawal period begins on the day after the customer, or a third party pre-designated by the customer, other than the carrier, has received the package with the products.
The customer shall bear the direct costs for returning the products.
A. Duties of the customer during the withdrawal period
During the withdrawal period the customer will handle the products and packaging carefully. The customer will only unpack or use the products to the extent necessary to establish the nature, characteristics and functioning of the products. The customer must handle and inspect the products as if he would handle and inspect products in a shop. The customer is liable for product depreciation resulting from product handling.
B. Exercise by the customer of his right of withdrawal and cost
If the customer exercises his right of withdrawal, he shall notify this within the withdrawal period of 14 calendar days by sending an e-mail to info@sharx.be. In the event that the customer meets the conditions, the seller will send a withdrawal number to the customer. As soon as possible, but within 14 calendar days after the notification of withdrawal, the customer sends the products back, or he hands it to (a representative of) the seller. The customer sends back all the products with all accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the seller. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
The customer shall bear the direct costs of returning the products.
The seller recommends the customer to use a shipping method with shipment tracking when returning a product. The customer is aware that the shipping costs might be high. If products are returned incorrectly, the seller may decide to refuse future orders.
C. Seller's obligations in case of withdrawal
Within 14 calendar days following the date when the seller receives back the products the seller reimburses the payment of the customer excluding delivery costs for the withdrawn products The seller uses the same payment method used by the customer in order to reimburse the customer, unless the customer agrees to a different method. The payment is free of charge for the customer.
Art. 11 Warranty
As determined by the Belgian law of September 1st 2004 regarding product warranty, the seller offers 24 months warranty for lack of conformity. The seller undertakes that the delivered products are conform to the product descriptions.
This warranty covers the replacement of the defective product without charge to the customer. However, if it appears that the replacement is not possible, would be out of proportion for the seller or would pose a serious inconvenience to the customer, the seller undertakes to give the customer an appropriate price reduction or to terminate the agreement and to pay the full price back, provided the product is returned by the customer.
All claims for lack of conformity should be formulated in writing within 2 calendar months following the date the customer has noted the particular defect, under penalty of forfeiture of the right to bring such a claim.
Only the invoice, the receipt or proof of purchase act as proof for the customer towards the seller. These documents should be preserved by the customer and presented in their original version. The warranty period begins on the date indicated on the documents. If delivery to the customer is done before the invoice date, it is the date of delivery as stated on the delivery document which marks the start of the warranty period.
This warranty does not apply to parts or accessories if the defect results from improper use, external causes, just maintenance or normal wear and tear.
This warranty will not apply in the following cases (the following list is not exhaustive): in case a third party who is not lawfully authorized by the seller, has intervened or has dealt with the goods; in case of damage caused by fire, water (flood) or lightning, accident, natural disaster; in case of damage caused by misuse, poor maintenance, abnormal use or any other use that is not in conformity with the instructions of the manufacturer or seller; in case of damage caused by or through a commercial, professional or collective use of the product.
In case of damage, theft or loss of the products returned for repair, the incidental liability of the seller towards the customer is in any case limited to the selling price of the products.
Art. 12 Liability
The seller is not liable for any financial damage (including, but not limited to, the cost of a replacement purchase) that may arise due to late reception or lack of availability or conformity of the product.
The seller can not be held liable for any inconvenience or damage arising from the use of the Internet, including interruption of service, external intrusion or the presence of computer viruses, or any event that may be referred to as force majeure.
The seller can not be held liable for damages of any kind, whether corporeal or material that is the result of a malfunction or misuse of sold products. The responsibility of the seller will be limited in any case to the amount of the order and will not be disputed in the case of simple errors or omissions that, despite all precautions, may occur in the presentation and description of the products.
The seller can not be held liable across a client or a third party, for any indirect damages, for any operating loss or loss of profits or revenue, which occurred in whatever way.
The seller can not be held liable for the non-execution of the contract in the event of a shortage or unavailability of products, force majeure, or failure of whole or partial strike especially in the postal services and transport and / or communications services.
The seller undertakes not to disclose the information which was communicated by the customer through the website, to third parties. This information is confidential. This information will be used internally for the processing of the order, to provide customized and personalized communications and to make the website more user-friendly. The seller is allowed to provide certain anonymous summarizing statistics to third parties. These summarized statistics will never include personal data.
Art. 13 Complaints and disputes
Complaints about the execution of the agreement should take place promptly after the customer has discovered defects, and should be fully and clearly described and submitted to the seller.
Complaints submitted to the seller will be answered within a period of 14 calendar days starting from the date of reception of the complaint. If a complaint requests a foreseeable longer processing time, the seller will respond within the 14 calendar days period with a notice of receipt and stating when the customer can expect a more detailed answer.
On all rights, obligations, offers, orders and agreements to which the Terms and Conditions apply, as well as on the Terms and Conditions themselves, only the Belgian law applies. All disputes between the parties shall be exclusively submitted to the District Court of the District of Nivelles
Art. 14 Duration and amendment
These Terms and Conditions apply as long as there are products offered on the website.
The seller reserves the right to modify his website, his statements, his Terms of Use and these Terms and Conditions at any time and at his sole discretion. Therefore, the seller recommends the customer to take note of the statements, Terms and Conditions of the seller each time the customer visits the website. If the customer makes use of the website after the seller has made such changes, the customer declares that he accepts these changes.
Art. 15 Intellectual Property and Trademark
The images on the products are copyrighted. The customer undertakes never to copy or multiply the purchased products under every possible format.
The texts, layouts, illustrations, pictures and other elements of the website are protected by copyright or, with respect to the databases, by a specific law. All these elements are the property of the seller or a third party
The seller is acting under the trademark B-ZOU.
Art. 16 Hyperlinks
The seller gives permission to deep link to the homepage or to another webpage of the website. The use of framing or in-lining of the website or any part thereof shall be prohibited if there is no written permission of the seller. The seller is not liable for the content of hyperlinks, which forwards the customer to external websites. The customer will meet the terms of use of those external websites.
Art. 17 Privacy Policy
By using this website, the customer is accepting the practices described in this Privacy Policy.
According to the Belgian privacy law of December 8th 1992, the customer has the right to consult, modify or delete data concerning him at any time.
A. Provisions for collecting personal data
In principle, the information available on or through the website is accessible to the customer without having to give up personal information (such as name, address, email address).
In exceptional cases, in order to obtain additional services (information request, placing orders, subscription to a newsletter ...) it is possible that personal information, mainly contact details, will be asked to the customer. In this case the customer is informed in advance and the data is processed in accordance with European Directive 2002/58/CE concerning the processing of personal data. In practice, this means that:
– the personal data of the customer may only be collected and processed in accordance with the designated purpose in collecting this data.
– the customer has the right to access his personal data in order to verify the accuracy and correct any errors. Therefore please send an email to info@sharx.be
Personal information is never transmitted, nor disclosed, nor transferred to any person or company whatsoever.
B. Personal data
Any person or entity who registers during a visit to the website, communicates, via his registration, his personal details to the seller.
The registration implies the express consent that this identification data may be treated in the databases of the seller. Only natural or legal persons with full legal and civil capacity can register.
During the registration, the customer will choose or receive a username and he must choose a password that is validated by the seller. These data are then confirmed by the seller by e-mail to the customer.
The customer is responsible for the confidentiality, security and proper use of his username and password. Any use of the username and password of a customer is deemed to have been made by this customer.
The seller can make the use of the username and password temporarily or permanently impossible, if it appears that the customer does not meet one or more provisions of the Terms and Conditions.
These personal details are processed in the seller's database for the sake of customer administration, management of orders, deliveries, invoicing, monitoring of solvency, customized or personalized treatment and marketing.
The seller is responsible for processing the personal data of the customer and is reachable via info@sharx.be.
C. Use for statistical purposes
When the customer visits the website, the servers automatically collect the following information:
– the IP address that the customer is assigned when signing in;
– the date and time when the customer visits the website;
– the visited pages;
– the browser type;
– the platform and / or operating system that the customer has installed on his PC;
– the search engine as well as the keywords that were used to find the website.
This information is only kept for the sole purpose of counting the number of visitors on the different sections of the website and consequently to improve the website.
The seller is allowed to provide certain anonymous summarizing statistics to third parties. These summarized statistics will never include personal data.
D. Use of cookies
In order to facilitate navigation on the website and to optimize technical management, the seller may occasionally use "cookies”. A "cookie" is a small piece of information stored by a website in the browser of the customer's computer. This "cookie" may be retrieved during a subsequent visit to the same website. The "cookie" can not be read by a website other than the one that created it. The website uses "cookies" for administrative purposes, for example to record preferences or to record information sessions, including information on what the customer adds to his cart. Most "cookies" only work for the duration of a session or visit. None of these cookies contain information that makes it possible to contact the customer by phone, e-mail or post.
E. Information protection
The seller follows generally accepted standards to protect the personal information submitted to him from unauthorized access or disclosure, both during transmission and once he receives it. However, no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore the seller cannot guarantee its absolute security. The seller assume no liability for any disclosure of data due to errors in transmission, unauthorized third party access or other acts of third parties, or other acts or omissions.
F. Changes to the Privacy Policy
If the seller changes his Privacy Policy, he will post a new version on his website, which will become effective when posted. The new policy will apply to all current and past users of the website and will replace any prior policies that are inconsistent with it.
Art. 18 Severability
The invalidity or unenforceability of any provisions of these Terms and Conditions shall not affect the validity or enforceability of any other provision of these Terms and Conditions, which shall remain in full force and effect.
Art. 19 Language
This English version of the Terms and Conditions is supplied for customer convenience. In the case of a conflict or ambiguity between this English version and the French version, the French version will prevail
UPDATED November 2024