Article 1: Preamble
These terms and conditions of sale are concluded, on the one hand, by the company PermaFungi SCRL-FS whose head office is located at Avenue du Port 86C / 99 3 1000 Brussels, registered with the Crossroads Bank for Enterprises under the number 0546.704.074 hereinafter referred to as “the seller” and, on the other hand, by any natural or legal person wishing to purchase via the seller’s website, hereinafter referred to as “the buyer”.
Article 2: General terms and conditions
2.1 Definitions
The term BUYER is defined as any natural or legal person who purchases products for non-professional purposes from the website www.permafungi.be and concludes a distance contract;
The term SELLER is defined as the company PermaFungi SCRL-FS that suggest its products to buyers on this website;
The term DISTANCE CONTRACT is defined as a contract for which and in the context of a distance selling system, organized by the seller and until the contract ends, one or more remote means of communication.
2.2 General instructions
These terms and conditions have the objective of defining the contractual relations between PermaFungi and the buyer, as well as the conditions that apply to any purchase made through this website. The purchase of a good or a service via this website implies a full agreement by the buyer of these terms and conditions.
This standard form contract shall prevail over any other general or special conditions not clearly approved by the seller.
PermaFungi reserves the right to change its conditions at any time. In this case, the conditions that apply will be those in force on the date of the buyer’s order.
Article 3: Characteristics of goods and services
The products offered for sale are those mentioned in the catalogue published on the seller’s website. Each product is accompanied by a description and photos. Those photos cannot ensure a full similarity with the product on sale, especially regarding colours and shapes.
These products are offered within the limits of available stocks. Availability is always indicated on the seller’s website. If the buyer makes an order just before the update of stock availability on the website, the seller will inform the buyer by e-mail as soon as possible and give him the opportunity to choose between waiting or cancelling the order of unavailable items at no cost.
Article 4: Costs
The prices of products and services quoted on the website are indicated in euros, all taxes included (VAT and other applicable taxes). The seller reserves the right to change prices at any time. However, the prices applicable to the order are those in effect at the time of the order’s confirmation.
The indicated prices do not include fees for orders processing, transport and delivery, as long as the orders were made in the geographical areas specified below. The shipping and delivery costs are to be borne by the buyer (except regarding special conditions indicated on the website). They are displayed, taking into account the information provided by the customer regarding the place of delivery.
Article 5: Geographical areas
The online sale of products and services presented on the seller’s website is reserved exclusively for customers living in Belgium, France, the Grand Duchy of Luxembourg, Germany or the Netherlands.
Article 6: Orders
The buyer wishing to buy a product on the seller’s website must:
add products to the basket;
fill in the online order form with personal data;
confirm the order after checking it;
proceed to the payment under the provided conditions;
The contractual information will be confirmed by e-mail the same day. The purchase will be concluded only upon the reception of this e-mail.
The confirmation of the order implies that the buyer accepts these terms and conditions, has a perfect knowledge of them and renounces to his/her own terms or other conditions.
Article 7: Right of withdrawal
In accordance with the law, the consumer has the right to inform the seller that he/she cancels the purchase, without penalty or giving any reason, within 14 working days from the day after the day of the product’s delivery.
Within this period, the consumer must notify his/her intention to renounce by e-mail to info@permafungi.be and return, at his/her own expense and risks, the delivered product to the headquarters of PermaFungi: Avenue du Port 86C / 99 3 1000 Brussels.
Products must be returned in their original packaging, undamaged, accompanied by all their accessories, the instructions manual and proof of the order’s confirmation. The products returned does not have to be unpacked, unsealed or used in any way.
Goods that are incomplete, damaged, used or soiled by the customer will not be taken back.
Within 30 days, after accepting the return of the goods, the seller commits to refund the payment, except shipping costs.
Article 8: Payment terms
Payment is made by Bancontact, Visa, Mastercard or Paypal.
The ordered items remain the exclusive property of PermaFungi until full payment of the order by the buyer.
Article 9: Shipping
Shipping is made to the address indicated on the order form and can only be made in the specified geographical areas.
Stated delivery times are indicative times and refer to the shipment processing time to which the delay of routing is added.
PermaFungi cannot be held responsible for the consequences due to a delay of delivery related to the responsibility of the post office. There will be no refund of the order until it is returned to the sender.
In case of payment by bank transfer, the order will be treated only upon reception of the amount. As a consequence, the deadlines applicable in this case are those on the day of reception of payment and can therefore be modified from those mentioned on the day of placing the order.
Article 10: Warranty
With regard to consumers, the seller guarantees the products he sells and the services he provides in accordance with the law of September 1st, 2004 on the protection of consumers in case of sale of consumer goods (articles 1649 bis to 1649 octies of the Civil Code).
In case of non-compliance of a product sold noticed within 2 months of delivery of the goods, the consumer must notify the seller as soon as possible in a clear manner by registered letter or email.
This warranty only covers existing defects of conformity at the time of delivery of the goods. Defects or damage due to misuse, such as water damage, oxidation, falling or shock, negligence and signs of wear, are not covered by the warranty.
Article 11: Liability
The seller, in the process of selling online, is bound only by an obligation of means; he will not be considered responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break of the service, or other involuntary problems.
The data on the website are also given in good faith. Backlinks to partner websites are suggested for informational purposes. The seller cannot be held responsible for the information provided on those websites.
Article 12: Personal data
The records you provide, such as your name, address, email address and telephone number, are necessary for the treatment, payment and shipping of your orders. Some of those records can be transmitted to the companies in charge of the shipping. They will be retained in our data base for a limited period of 3 years. After this period, the data related to the inactive users on our website will be definitively deleted. Your banking data will be kept until your payment has been effectively accepted.
We do not sell your personal data to third parties.
By subscribing to our newsletter, you agree to receive promotional or informative emails. At any time, you can decide to unsubscribe to our newsletter by clicking on the link created for this purpose at the bottom of all the pages of our emails.
You have a permanent right of access and correction on all your data, in accordance with the national laws in force. You may contact us to request access to your personal data, by email at info@perfmafungi.be
In the event of a dispute, you have the right to lodge a complaint before a control authority or before the Commission for the Protection of Privacy.
Article 13: Dispute Resolution
The present conditions of online sale are subjected to Belgian law.
In the event of a dispute, the competent jurisdictions are the seller’s registered office, unless for binding public policy provisions.