Item: products of any nature that are offered for sale (e-commerce service) on the Site.span>
Customer: natural, non-trader person who realizes an Order, with full legal capacity.
Order: undertaking to purchase all Items selected by the Customer through the e-commerce platform of the Site.
Site: the website edited by CAPSULE, that can be accessed at the following url www.capsule-shop.be
Customer Service: email@example.com
These general terms and conditions (here in after “GTC”) exclusively apply between the Customer and the company trading under the name CAPSULE, with registered office at 10 avenue de la Colombie 1000 Brussels, with company identification number BE0597967881.
Any person using the internet can consult the GTS’s from any of the Site’s pages.
The GTC’s apply without restriction or reservation of any kind to all the Items offered for sale on the Site.
Validation of an Order in accordance with the order procedure available on the Site will be considered as acknowledgement and acceptance of the GTC’s by the Customer.
The GTC’s prevail over any other document.
The sale of Items on the Site is exclusively reserved to retail sales to private persons.
The Site cannot be used by professional (re)seller, whether acting alone or in group, and this regardless of the resale method (internet marketplaces, malls, intermediaries, physical shops, etc.). Consequently, the Customer acknowledges and accepts that the Items can only be purchased in quantities corresponding to the average needs of a consumer, both in regard of the number of Items ordered in a single Order and in regard of individual Orders that represent the usual quantities ordered by the average consumer. CAPSULE reserves the right to decline any Order reasonably considered as being beyond the needs of a retail Customer.
The Customer is informed of the fact that the internet is not a reliable service, especially in relation with data transmission, payments, uncertain continuity of access to the Site, unguaranteed performance as to data transmission speed and virus propagation.
CAPSULE takes reasonable precautions to make its Site secure. However, it warns the Customer in relation with the necessity to implement a security solution in order to avoid the propagation of viruses, malware, or other harmful programs. In no event will CAPSULE be liable for loss of data or any other loss caused by a breach in IT security.
The GTC’s are subject to change. The applicable GTC’s are those published on the Site on the date of the Customer’s Order.
4. CREATING A CUSTOMER ACCOUNT
Any Order for Items through the Site requires the prior creation of a Customer account. Any Customer who has attained the age of majority can freely create a customer account at no cost through the “create an account” page.
Creation of an account requires filling out the appropriate form with the Customer’s personal identification data. This account is strictly personal to the Customer and enables him to register prior to validating any Order. When creating the account, the Customer is solely responsible for the details he provides and he undertakes to provide complete, correct, up-to-date and error-free information, and not to usurp a third party’s identity or refrain from revealing his true age. Upon creation of an account the Customer choses an account login (e-mail address) and a password. If the account login is already in use, the system will prompt the Customer to choose another login.
The login and passwords are strictly personal and confidential. The Customer is solely responsible for those items. The Customer undertakes to keep his password secret and not to disclose it under any circumstance.
If the Customer suspects fraudulent use of his login and password, the Customer is required to immediately inform the Customer Service thereof, in view of modifying his password and/or choosing to terminate his customer account.
CAPSULE reserves the right to terminate any customer account and/or to refuse any sale to a Customer in the following cases:
Failure to pay any previous Order; Abusive, disloyal or fraudulent use of the Ordering service offered on the Site or breach of any of the Customer’s obligations under these GTC’s;
In case of stock depletion, discontinuation of an Item or other similar cause.
In such a case, CAPSULE will e-mail the affected Customer at the address provided upon creation of the customer account, informing him of the termination of his account or of the refusal of his Order. Generally, the Customer is informed of the fact that his account can be terminated at the Customer’s request, to be notified by e-mail to CAPSULE.
5. ITEM SPECIFICATIONS
The Items available for purchase are those referenced on the Site. They are offered within stock limits as provided on the Site.
CAPSULE reserves the right to withdraw from sale, at any moment, any Item present on the Site and/or to replace or to modify any information in relation with such Items.
In case an Item would not be available pursuant to an Order, the Customer will be advised thereof, and the Order will be automatically be cancelled.
The specifications of the Items presented on the Site (photographs, graphic representations and Item description, etc.) are given on a strictly indicative basis and can vary over time. Specifications and visual representations are not contractual.
6. ORDER PROCESS
Ordering requires the Customer to create an account or to log into his account. Ordering implies an obligation to pay the price of the Items. The Customer represents being aged of at least 18 years and having full legal capacity. If the Customer has not reached the age of majority, he represents having obtained parental authorization to perform the Order.
To place an Order, the Customer must follow the online ordering process and click the “order” button to submit the Order. Validation of an Order implies acceptance of the GTC’s, and of the Items’ price. All orders are subject to CAPSULE approval and such Orders are binding only when the Customer has received an Order confirmation and shipment notice by e-mail.
After payment validation, CAPSULE will notify the acceptance of the Order to the Customer.
All prices indicated on the Site are expressed in euros, all taxes included, excluding shipment and delivery costs. All new taxes or duties, including environmental duties, can be reflected in the price of the Items.
The shipment and delivery cost amount will be determined on the Site prior to Order confirmation.
CAPSULE reserves the right to modify the price of the Items at any time. The Items will be invoiced on the basis of the prices applicable at the moment of the validation of any Order.
THE ITEMS AT ALL TIMES REMAIN THE PROPERTY OF CAPSULE UNTIL THE PRICE HAS BEEN PAID IN FULL. THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THIS.
8. ORDER PAYMENT
The Order is payable immediately, by credit card or payment account (PayPal). CAPSULE does not accept other payment methods.
When the Order is shipped, the Customer is notified of the fact that his invoice including VAT and all applicable costs can be accessed online on the customer account.
The transactions entered into on the Site can be handled by third-party online secure payment services.
9. CONDITIONS OF DELIVERY
Always subject to payment in full, CAPSULE will deploy reasonable efforts to deliver the Order within 3 working days (when delivery is set in Belgium) of the Order and undertakes to deliver the Items within 30 calendar days. In case of delay in delivery exceeding 7 days attributable to CAPSULE, the Customer has the right to contact CAPSULE and put it on notice to deliver within a reasonable period of time. In case the Items are not delivered within such new period of time, the Customer will have the right to request the cancellation of the Order by e-mail.
In case of cancellation of the Order pursuant to article 9.1 above, CAPSULE will refund the value of the Items to the Customer. If the Items are delivered notwithstanding the cancellation of the Order, CAPSULE will be entitled to withhold such refund if the Items are not returned.
The Customer can choose between various delivery methods. It is the Customer’s responsibility to provide correct delivery details (including building access code or other specifications to access the delivery address).
If the delivery address is not valid and therefore causes a return of the Items, reshipment costs to the new address will be charged to the Customer. If the Customer is absent at delivery, he will be able to collect the delivery as per the conditions of the carrier. In case of return of the Items to CAPSULE, reshipment costs will be charged to the Customer.
All deliveries are deemed complete as from the moment that the parcel is put at the Customer’s disposal by the carrier, as per the carrier’s delivery control system. The Customer bears all risks related with the Items as from handover to the first carrier.
10. WARRANTY - LIABILITY - RETURNS
CAPSULE warrants that its Items are reasonably in accordance with the indicative specifications provided on the Site. CAPSULE does not provide any other additional warranty, with the exception of any possible legal warranty owed to the Customer.
In the following cases Items can be returned in accordance with the return procedure described under article 11 and the Customer will be entitled to a refund:
The Customer has the right, within 14 days of delivery of the Items, to exert its right to rescind the sale in accordance with EC Directive 2011/83/EU of 25 October 2011 on consumer rights in distance sales, as such Directive is transposed in the Customer’s jurisdiction;
The Customer is entitled to introduce a claim for nonconformity of the Items within 14 days of delivery of the Items or, in case of hidden defect, within 14 days of discovery of such defect.
11. RETURN PROCEDURE
If the Customer wants to make use of his right to rescind the sale or to introduce a warranty claim as per article 10.2, he must contact the Customer Service by e-mail and fill out the appropriate return form available on the Site in the “My Account” space, “returns and refunds” section. The return form must be printed and inserted into the returned parcel. No return shall be possible without such form.
The Customer must proceed with the return of the Items in their original packaging within 7 calendar days following his contact with the Customer Service.
Returns must be addressed to CAPSULE 17A-20 avenue de la Toison d’Or, Galerie Toison d’Or 1050 Ixelles, Belgium, and must include the return form and all the Items that the Customer wishes to return.
These Items must be returned properly protected, in their original packaging (original packaging which has been opened with due care will not be considered as damaged), and in a perfect reselling state (undamaged, unused, unstained and unwashed by the Customer).
Upon inspection of the returned Items, CAPSULE undertakes, in case of rescission of the sale as per article 10.2, to refund the Customer in full for the returned Order, including delivery costs (based on the standard delivery tariff), as soon as possible and in case within 30 calendar days as from redelivery of the Items. Such refund will be performed on the bank account or on the payment account used by the Customer to pay the Items.
In case of claim in relation with the Item’s quality or quantities, when such claim is justified and accepted by CAPSULE, CAPSULE’s liability shall be limited to refunding the purchase price of the Item and the delivery costs, or to the replacement of the defective Item, at CAPSULE’s sole option.
12. CUSTOMER SERVICE
For all information, complaint, warranty claim, question, Order follow-up issues, the Customer must contact the customer service by e-mail and by filling out the appropriate form on the “contact” page of the Site : firstname.lastname@example.org.
13. AGREEMENT REGARDING EVIDENCE
The Customer acknowledges and accepts that the Order registration systems and the access or printout of documents available on the Site shall be sufficient evidence of the transactions entered into by CAPSULE and the Customer.
The Customer acknowledges and accepts that evidence of the acceptance of the GTC’s will be brought when clicking on the “I have read and accepted the general terms and conditions” (or equivalent) button.
To this effect, the Customer acknowledges that the IT data kept on CAPSULE’s servers in reasonable security conditions be presumed evidence of the acceptance of the GTC’s and of all transactions entered into between CAPSULE and the Customer.
CAPSULE will archive all order forms and invoices on a durable and secure platform, and will provide access to such documentation to the Customer at his request.
CAPSULE grants to the Customer a limited license to use the Site for personal and non-professional and non-commercial use. In no case will the Customer be authorized to download or to modify any or part of the Site without prior written permission of CAPSULE. The Site nor any part of it can be copied, sold, or otherwise used for commercial or professional purposes without prior written permission of CAPSULE
15. DATA PROTECTION
Personal data collected on the Site are destined for CAPSULE with the Customer’s consent. CAPSULE undertakes to protect such personal data. All personal data regarding the Customer collected by CAPSULE will be treated confidentially and in accordance with the provisions of the Act of 1991 regarding personal data protection.
The Customer’s data will be kept with the aim of providing online sale services. The Customer accepts that certain data can be used by CAPSULE for the purpose of improving its services or for promotion and marketing purposes. CAPSULE will not resell or otherwise transfer the personal data it collects to third parties.
In accordance with the law, the Customer has a right to access, rectify and oppose the collection of his personal data. To exercise that right, the Customer must e-mail or mail CAPSULE by filling out the contact form available on the Site or by writing to the following address: BSBA Management SPRL, 10 avenue de la Colombie, 1000 Brussels (Belgium), and indicate his name, first name and Customer reference.
When using the Site, information pertaining to the Customer’s navigation can be collected and processed in “cookie” files installed on their terminal (personal computer, phone, tablet).
These cookies are edited by CAPSULE with the aim of facilitating the navigation on the Site and enable it to recognize the Customer’s navigator when they are connected to the Site.
These cookies are edited to:
- Establish visit statistics (number of visits, pages seen, Order process abortions...)
- Adapt the presentation of the Site to the terminal’s display preferences;
- Memories information filled out in forms, manage and secure the access to private and personal sections of the Site such as the Customer account, and secure the shopping cart.
- CAPSULE reserves the right to install cookies on the Customer’s computer during Site visits.
When the Customer visits the Site containing a “share” or “like” button, his navigator establishes a connection with the servers of the relevant social network.
If connected to the network when navigating the Site, such buttons enable a connection of the pages visited with the Customer’s account. If the Customer interacts through plugins, for instance by clicking the “like”-button or by commenting, the relevant information will be transmitted to the relevant network and will be published on the Customer’s account on such network.
CAPSULE cannot be held liable for content or functioning of any social network, including those linked to the Site.
17. INTELLECTUAL PROPERTY
CAPSULE is the exclusive owner of IP rights:
• in relation with the Items presented on the Site
• in relation with the brands and logo’s associated with the Items
• on the Site, including the sitemap, the organization of titles and pages, visual and graphic identity, design, ergonomic, functionalities, programs, text, animated or unanimated images, sounds, know-how, drawings, graphics, and all other elements composing the Site;
• on the databases, their structure and content, designed and managed by CAPSULE for the needs of the Site’s operation;
• on all the design elements of the Site, whether graphic or technical;
As a consequence, it is forbidden to copy in any manner, directly or indirectly any of the elements mentioned in the preceding article, and to alter in any way the brands, patents, names, logo’s, colors, graphics or other signs published on the Site, and more generally to use or exploit these elements other than in the framework of these GTC’s.
Except prior written authorization from CAPSULE, any other use of these elements shall constitute an infringement of the above mentioned IP rights.
The creation of any hyperlink to the Site’s homepage or any of the Site’s pages, is subject to CAPSULE’s prior written consent.
18. What rights do you have with regard to your personal data?
CAPSULE uses your personal data for specific purposes and only collects the personal data necessary to achieve those purposes. We want to be as transparent and clear as possible about the activities for which we collect and use your personal data. In accordance with the GDPR, we herewith enumerate the various rights you have with regard to your personal data.
Right to be informed.
CAPSULE strives to be transparent by providing the necessary information about the processing of your personal data, via this Privacy Statement or via specific notifications at the time of its collection.
Right to access
You have the right at any time and free of charge to access your personal data and to request a copy of the personal data that CAPSULE holds about you.
Right to rectification
If the personal data that CAPSULE stores about you are incorrect or incomplete, you have the right to ask us to correct or complete it. You are responsible for the accuracy of the data when you provide it yourself. This allows you to update your account details in your personal account online at any time..
Right to erasure
In certain cases, you have the right to request the deletion of your personal data. We will delete your personal data without undue delay if we have no legal reason or legitimate reason to continue its processing.
Right to restriction of processing
In certain cases, you have the right to ask us to limit the processing of your personal data. This means that we may store the data, but may not process it further..
Right to data portability
This right only applies to the personal data you have provided to us on the basis of consent or in the context of the performance of an agreement. CAPSULE will transfer your personal data in a structured and accessible format to you and/or directly to another institution or person of your choice.
Right to object
You have the right to object to the processing of your personal data if the processing takes place on the ground of the legitimate interest of CAPSULE or on the ground of the public interest. We will stop processing unless we can prove that there are compelling legitimate grounds for the processing or for the exercise of legal claims. You can also object in the case of direct marketing, so the personal data will no longer be processed for these purposes.
Right to withdraw your consent
For the processing of your personal data collected by CAPSULE with your consent, you can withdraw your consent at any time. For example, you can unsubscribe from the newsletters, our marketing communications or events. You can also fill in the online contact form with the request to withdraw a certain consent or send an email to email@example.com. Please note, however, it may take some time to process your request and that in the meantime there is a chance that you will still receive the communication. Also bear in mind that the withdrawal of your consent does not apply to processing previously carried out by CAPSULE.
How can you exercise these rights?
You can exercise these rights by sending an e-mail to firstname.lastname@example.org or by sending a letter to the head office at Customer Service, Avenue de la Colombie 10, 1000 Brussels Bte 1. To ensure that the request originates from you, you can only send a request by e-mail from the e-mail address that is known to us or registered with us, or by sending a letter provided that you enclose proof of identity.
If you believe that CAPSULE does not process your personal data lawfully and according to the legal requirements, you also have the right to lodge a complaint with the supervisory authority (Belgian data protection authority https://www.gegevensbeschermingsautoriteit.be/).
19. VARIATION OF THE GTC’s
CAPSULE reserves the right to vary the GTC’s at any time, taking into account modifications of the Site or in the applicable regulations.
The varied GTC’s will be brought to the Customer’s attention online and will apply only to sales entered into after such variation.
20. APPLICABLE LAW
All relations between CAPSULE and the Customer rare exclusively governed by Belgian law.
All disputes will be settled exclusively by the Courts of Brussels.
21. LEGAL NOTICE
Corporate name : BSBA MANAGEMENT
Nature of incorporation: SPRL
Registered office: 10 Avenue de la Colombie, 1000 Brussels (Belgium)
Company ID number: 059.796.7881
Host: CARACAL. (the editor undertakes to abide by all applicable laws regarding the operation of a website)