The present terms and conditions of sales (hereafter “General Conditions”) apply to all orders placed through the internet and/or by any individual person (hereafter the “CLIENT”) on the website www.myElza.com (hereafter the “WEBSITE”), operated by E.L.G.A. SPRL, a limited company that is registered with the Trade and Companies Register in Belgium under the number 0657750862. The company’s headquarters are located in Avenue d'ophem, 12 - 1150 Woluwe-saint-Pierre, Belgium, email: info@myElza.com. The company shall hereafter be named the “SELLER”.
Any order placed on the WEBSITE mandatorily implies the acceptance, without reservation, on behalf of the CLIENT of the present general terms and conditions of sales.
The terms used hereafter in the present General Conditions have the following definition:
The present General Conditions govern the sale of PRODUCTS by the SELLER to the CLIENTS
The CLIENT is clearly and fully informed that the WEBSITE is geared towards consumers and that professionals must contact the commercial service of the SELLER in order to receive different contractual conditions.
The CLIENT commits to carefully reading the present General Conditions and to accepting them, before proceeding to paying for an order of the PRODUCTS placed on the WEBSITE. The present General Conditions are referenced at the bottom of every page of the WEBSITE through a link and must be consulted before placing an order. The CLIENT is invited to read carefully, download, print, and keep a copy of the General Conditions.
The SELLER advices the CLIENT to read the General Conditions every time a new order is placed, as the latest version of the General Conditions apply to every new order of PRODUCTS. By clicking on the first button to place the order, then on the second one to confirm said order, the CLIENT agrees to have read, understood and accepted the General Conditions with no limitations or conditions.
In order to be able to buy a PRODUCT, the CLIENT must be at least 18 years of age and have the legal capacity or, if he or she is a minor, obtain the agreement of his or her legal representatives.
The CLIENT is invited to provide information of his/her identification by completing the application form available on the WEBSITE. The symbol (*) indicates the mandatory fields that must be filled out for the order of the CLIENT to be processed by the SELLER. The CLIENT can verify the status of his or her order on the WEBSITE. The CLIENT can also contact the commercial service of the SELLER at any moment via email, at info@myElza.com, to obtain information on the status of his or her order.
The information that the CLIENT provides the SELLER when placing an order must be complete, exact, and up to date. The SELLER reserves the right to ask the CLIENT to confirm, through any appropriate means, his or her: identity, eligibility, and all the information given.
The SELLER will strive to present as clearly as possible the main characteristics of the PRODUCTS (on the fact sheets available on the WEBSITE) and the mandatory information that the CLIENT must, by law, receive (in the present General Conditions).
The CLIENT commits to carefully reading this information before placing an order on the WEBSITE.
The SELLER reserves the right to modify the selection of PRODUCTS available on the WEBSITE, especially when it is dependent on the constraints placed by the suppliers.
Unless otherwise indicated on the WEBSITE, all the PRODUCTS sold by the SELLER are new and comply with the European legislation currently in effect, as well as the norms currently in effect in Belgium.
The orders of PRODUCTS are placed directly on the WEBSITE. To place an order, the CLIENT must follow the steps detailed below (please note, however, that depending on the CLIENT’s navigation page, the steps might differ slightly).
The CLIENT must select the PRODUCT(s) of his or her choice by clicking on the chosen PRODUCT(s), as well as the characteristics and quantities. Once the PRODUCT(s) has been selected, the PRODUCT(s) is/are placed in the CLIENT’s shopping cart. The CLIENT can add as PRODUCT(s) as he or she wishes to his or her shopping cart.
Once the PRODUCT(s) has/have been chosen and placed in the shopping cart, the CLIENT must click on it and verify that the content is correct. If the CLIENT has not done so, he or she will then be invited to sign in or create an account.
Once the CLIENT has validated the content of the shopping cart and signed in or signed up, he or she will be prompted to read an online, automatically filled-out form, that details the price, applicable taxes and, when applicable, cost of delivery.
The CLIENT is invited to verify the content of his or her order (including the quantity, the characteristics and the references of the PRODUCTS that are ordered, the billing address, the means of payment and the price) before validating the contents of the order.
The CLIENT will then be able to proceed to the payment of the PRODUCTS by following the instructions on the WEBSITE and providing the information necessary for billing and DELIVERY of the PRODUCTS.
When a PRODUCT has different options available, the specific references will appear once the options have been selected.
The placed orders must have all the information necessary in order for the order to be processed correctly.
The CLIENT must also indicate the means of delivery chosen.
Once all the previous steps indicated above have been completed, a page will appear on the WEBSITE acknowledging receipt of the CLIENT’s order. A copy of the acknowledgment of receipt of the order will automatically be sent to the CLIENT by email, as long as the email provided in the application form was written correctly.
The SELLER will not send any acknowledgment of receipt by mail or fax.
During the placement of the order, the CLIENT must fill out the information necessary for the billing (the symbol (*) will indicate the fields to be filled out mandatorily in order for the order of the CLIENT to be correctly processed by the SELLER).
In particular, the CLIENT must clearly indicate all the information relative to the DELIVERY, especially the exact address for DELIVERY, as well as any necessary codes needed to access the address of DELIVERY.
Following this, the client must indicate the means of payment chosen. Neither the purchase order that the CLIENT fills out online, not the acknowledgment of receipt of the order that the SELLER sends to the CLIENT via email, constitute an invoice. Whatever the means of order or payment chosen, the CLIENT will receive the original invoice at the moment of DELIVERY of the PRODUCTS, inside of the package.
The date of the order is the date at which the SELLER acknowledged receipt online of the order. The delays indicated on the WEBSITE only begin as of this date.
For all of the PRODUCTS, the CLIENT will find the price on the WEBSITE, displayed in euros, including tax as well as the applicable cost of delivery (depending on the weight of the package, not counting package material not gift-wrapping, the address of DELIVERY and of the carrier or the means of transportation chosen).
The prices include, in particular, the value-added tax (VAT) applicable on the day the order is placed. Any modification on the tax applicable may impact the price of the PRODUCTS, becoming effective on the date that the new tax comes into force.
The applicable VAT will be expressed in a percentage of the value of the sold PRODUCT.
The prices of the suppliers of the SELLER are subject to modification. Therefore, the prices indicated on the WEBSITE might change. The prices might also change based on offers or special sales.
The prices indicated are valid, except in case of gross negligence. The price applicable is the one that is indicated on the WEBSITE on the date the order is placed by the CLIENT.
Depending on the PRODUCT, the SELLER uses “just-in-time” inventory management. Therefore, depending on the case, the availability of PRODUCTS depends on the stock of the SELLER.
The SELLER will honor the orders received provided that the PRODUCTS are available.
The unavailability of a PRODUCT will, in principle, be indicated on the page of the PRODUCT in question.
The SELLER can also inform the CLIENT(S) when a PRODUCT is out of stock.
In any case, if the unavailability was not indicated at the moment the order was placed, the SELLER will inform the CLIENT, without delay, if the PRODUCT is unavailable.
At the request of the CLIENT, the SELLER may:
The procedures of the right of returns are specified in the “Returns Policy”, available in Annex 1 of the present document. They are also accessible at the bottom of every page of the WEBSITE via a hypertext link.
The CLIENT may pay for his or her products online on the WEBSITE after having followed the means proposed by the SELLER.
The CLIENT guarantees the SELLER that he or she holds all the authorizations required to use the means of payment chosen.
The SELLER will take all the measures necessary to guarantee the security and privacy of the information given online for the online payment to be done through the WEBSITE.
As such, it is noted that all the information given on the WEBSITE relevant to the payment are transmitted to the WEBSITE’s bank and are not treated by the WEBSITE.
In case that a single payment is done by credit card, the account of the CLIENT will be debited as soon as the order of the PRODUCTS goes through the website.
In case of partial DELIVERY, the full sum will be debited from the CLIENT’s account as soon as the first package is shipped. If the CLIENT decides to cancel his or her order of unavailable PRODUCTS, the reimbursement will be done according to the last paragraph of article 5.5 of the present General Conditions.
If the bank refuses to debit a card or another means of payment, the CLIENT must contact Customer Service of the SELLER in order to pay the order by any other valid means of payment
If, for any reason, whether it be opposition, refusal or other, the transmission of money owed by the CLIENT becomes impossible, the order will be cancelled and the sale will be automatically terminated.
Every contract concluded with the CLIENT that corresponds to an order of 120 euros (taxes included), or more, will be archived by the SELLER for a duration of ten (10) years, as per the Belgian Consumer Code.
The SELLER will archive the information in order to ensure a track record of the transactions, and to be able to produce a copy of the contract if the CLIENT requests one.
In case of dispute, the SELLER will have the opportunity to prove that the electronic tracking system is trustworthy and that the SELLER guarantees the integrity of the transaction.
The SELLER is owner of the PRODUCTS delivered until the CLIENT completes the payment.
The previous dispositions are no obstacle to the TRANSFER of ownership to the client, at the moment of reception of the PRODUCTS by the CLIENT or a third party designated by the CLIENT that is not the carrier. Any risk of loss or damage to the PRODUCTS is under the responsibility of the owner.
The means of DELIVERY of the PRODUCTS are detailed in the “delivery policies” in Annex 2 of the present contract, and accessible at the bottom of every page of the WEBSITE via a hypertext.
The products will be packaged according to the transportation standards in effect, in order to guarantee the maximum protection for the PRODUCTS during DELIVERY. The CLIENTS commit to respecting the same standards when they return the PRODUCTS in the conditions detailed in Annex 1 – Return Policy.
The SELLER is obliged to deliver a PRODUCT that meets its specifications, meaning that it is appropriate for the use usually associated with such a product and that it corresponds with the description given on the WEBSITE. This conformity assumes, as well, that the PRODUCT presents the qualities that a buyer can legitimately expect from the public declarations made by the SELLER, including in the advertisements and the labels.
Within this framework, the SELLER shall respond to any lack of conformity of the goods at the time of delivery, and to any lack of conformity of the goods that results from the packaging, the installation instructions, or the installation of the PRODUCT if the installation of the PRODUCT was under the SELLER’s responsibility.
The action resulting from the lack of conformity shall be prescribed by two (2) years after the DELIVERY of the PRODUCT.
In case of lack of conformity, the CLIENT will have the choice to ask for a PRODUCT replacement or reparation. However, if the cost of the choice of the CLIENT is excessively disproportionate in relation to the other choice, taking into account the value of the PRODUCT or the magnitude of the defect, the SELLER will be able to proceed to a reimbursement without following the option chosen by the CLIENT.
In case that a replacement or repair is impossible, the SELLER shall reimburse the price of the PRODUCT no later than 30 days after the PRODUCT has been. This reimbursement shall be in exchange of the CLIENT sending the PRODUCT to avenue d'ophem, 12/6 - 1150 Woluwe-saint-Pierre, Belgium.
The SELLER shall under no circumstances be held responsible in case of poor execution or lack of execution of the contractual obligations of the CLIENT, especially when it comes to the placement of the order.
The SELLER shall not be help responsible or considered to have defaulted on the present terms for any delay or lack of execution, when the cause of the delay or lack of execution is due to force majeure as the jurisprudence of the courts and tribunals of Brussels define it.
It is necessary to note that the SELLER does not control the websites that are directly or indirectly connected to the WEBSITE. Therefore, the SELLER does not accept any responsibility for the information that is published on these other websites. The links to third party websites are only given for reference and no guarantee is given as to their content.
The information collected by the SELLER is used to treat the orders placed on the WEBSITE, manage the CLIENT’s account, analyze the orders and, if the CLIENT has chosen this option, send the client mail with commercial purposes, newsletters, promotional offers and/or information on special sales, unless the CLIENT no longer wishes to receive such information from the SELLER.
The CLIENT’s information is kept completely confidential by the SELLER in accordance with the SELLER’s declaration to Belgium’s National Commission for Data Protection, for the contract and its execution, in respect of the law.
The CLIENT can, at any moment, unsubscribe by singing in to their account or by clicking on the hypertext meant for this purpose at the bottom of every offer that is received via e-mail.
The information can be communicated, partially or totally, to the providers of services of the SELLER that intervene with the processing of the order. For commercial ends, the SELLER can transfer the name and address of the CLIENTS to any commercial partner, as long as the CLIENT has given his or her prior agreement when he or she signed up to the WEBSITE.
The SELLER will specifically ask the CLIENTS if they wish to have their personal information given out. The CLIENTS can give or withdraw their agreement at any time on the WEBSITE or by contacting the SELLER.
The SELLER can also ask the CLIENTS if they wish to receive commercial solicitations from the SELLER’s partners. According to Belgium law n°78-17, from January 6th 1978, relative to Information Technology, Files and Civil Liberties, the CLIENT is entitled to access, consult, correct or erase (for legitimate purposes) his or her personal information. The CLIENT can exercise this right by sending an e-mail to: info@myElza.com, or by sending a letter to avenue d'ophem, 12/6 - 1150 Woluwe-saint-Pierre,Belgium.
It is necessary to note that the CLIENT might need to justify his or her identity, either by scanning an identification document, or by sending a picture of his or her identity document to the SELLER.
All written complaints by the client must be sent to the following address: avenue d'ophem, 12/6 - 1150 Woluwe-saint-Pierre, Belgium or by e-mail to info@myElza.com.
All of the visual and audio elements of the WEBSITE, including the underlying technology used, are protected by copyright, trademark law and/or patents.
These elements are the exclusive property of the SELLER. All persons that edit a website and wish to create a hypertext directly towards the WEBSITE must ask for the authorization of the SELLER through a written letter.
The authorization of the SELLER shall in no way be given in a definite manner. This link must be cancelled at the request of the SELLER. The hypertext links towards the WEBSITE that use techniques such as framing or the insertion of links through hypertexts (in-line linking) are strictly forbidden.
Any and all modification of the legislation or regulations in effect, or any decision of a competent tribunal that invalidates one or more clauses of the present General Conditions, will not affect the validity of the present General Conditions. Such a modification or decision in no way authorizes a CLIENT to ignore the present General Conditions.
All the conditions that are not specifically addressed will be governed by the customs of the retail sector for the individuals, and for the companies that are headquartered in Belgium.
The present General Conditions apply to any purchase made online on the WEBSITE, as long as the WEBSITE is available online.
The General Conditions are dated accurately and can be modified and updated by the SELLER at any moment. The General Conditions applicable are those in effect at the time of purchase.
The modifications made to the General Conditions shall not apply to PRODUCTS already bought.
The law of Belgium governs the present General Conditions, as well as the relationship between the CLIENT and the SELLER.
In the event of litigation, only the tribunals of our headquarters address are competent. Information on alternative dispute resolutions can be found on the following website: http://ec.europa.eu/odr/. However, we reserve the right to submit any litigation exclusively to the courts.
However, prior to any action being taken in front of an arbitrary or state judge, negotiation will be privileged with a spirit of loyalty and good faith, with the purpose of arriving at an amicable agreement to any conflict that arises regarding the present contract, including its validity.
The party that wishes to implement the process of negotiation must inform the other party via registered letter with acknowledgement of receipt, indicating the elements of the conflict. If at the end of fifteen (15) days, the parties have not reached an agreement, the dispute will be submitted to the competent jurisdiction designated below.
Throughout the negotiation process and until its ending, the parties are forbidden from exercising all legal action against the other party in regards to the conflict that is the focus of the negotiation. By way of exception, the parties are authorized to file an application with the competent court or to solicit an order on request. A possible legal action or the implementation of a procedure at the request of one of the parties does not imply that the parties renounce to the clause of amicable arrangement, unless it has been clearly stated.
Through the principle of returns, the CLIENT has the right to resend of return the PRODUCT to the SELLER or to a person designated by the SELLER, without excessive delay, and at the latest within fourteen (14) days following the communication of the CLIENT’s decision to return the PRODUCT(s).
Returns must be made within fourteen (14) calendar days after the day in which the CLIENT, or a third party other than the carrier that was designated by the CLIENT, physically takes possession of the PRODUCT.
If the CLIENT’s order involves multiple PRODUCTS, and these PRODUCTS are delivered separately, the returns must be made fourteen (14) days after the day in which the CLIENT, or a third party other than the carrier that was designated by the CLIENT, physically takes possession of the last PRODUCT.
To exercise his or her right of withdrawal, the CLIENT must notify the SELLER of his or her decision to withdraw from the present contract through a non-ambiguous declaration to: avenue d'ophem, 12/6 - 1150 Woluwe-saint-Pierre, Belgium or by e-mail to info@myElza.com using the form below:
To (seller’s contact details)
Seller’s e-mail address*:
I hereby give notice of my withdrawal of the contract regarding the sale of the PRODUCT described below:
Purchase order n°:
-Ordered on [____________]/ received on [____________]
-Means of payment used:
-Name of the CLIENT or of the beneficiary of the purchase:
-CLIENT’s signature (except for form transmission via e-mail)
In order to respect the delay of withdrawal, the CLIENT must transmit his or her intent to exercise his or her right of withdrawal before the expiration of the withdrawal date.
In case of the CLIENT’s withdrawal, the SELLER shall reimburse the totality of the amount paid, including the cost of delivery without excessive delay and, in any case, no later than fourteen (14) days after the day in which the SELLER was informed of the CLIENT’s wish to withdraw.
The SELLER will proceed to the reimbursement using the same means of payment that was used by the CLIENT for the initial transaction, unless the CLIENT expressly agrees to a different means of payment. In any case, the reimbursement shall have be made at no extra cost to the client.
The SELLER can withhold reimbursement until the good has been received, or until the CLIENT has provided proof that the good has been sent, whichever one is the earliest.
The CLIENT must, without excessive delay and, in any case, within fourteen (14) days at the latest after communicating his or her decision to withdraw from the present contract, return the good to: avenue d'ophem, 12/6 - 1150 Woluwe-saint-Pierre, Belgium. This delay will be considered to have been respected if the CLIENT sends the good before the fourteen days have expired.
The CLIENT must pay the costs directly related to the return of the good.
The PRODUCT must be returned following the instructions of the SELLER and must include all of the accessories that were delivered.
The CLIENT shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature, characteristics and functions of the PRODUCT. In other words, the CLIENT has the possibility of testing the PRODUCT but he or she might be held liable if he or she proceeds to unnecessary handling.
The PRODUCTS are packaged according to the transportation regulations that are in effect, in order to guarantee the maximum protection possible for the PRODUCTS during DELIVERY. The CLIENTS must respect the same regulations when they return PRODUCTS. As such, the CLIENT is invited to return the PRODUCT that he or she deems unsuitable in its original packaging and in good condition, suitable for reselling.
The right of withdrawal is excluded in the following cases:
-Provision of goods or services whose price depends on the financial market’s fluctuations
-Provision of goods that are tailor made to the CLIENT’s specifications, or clearly personalized
-Provision of goods susceptible to deterioration or quick expiry
-Provision of sealed audio recordings or videos or software that were unsealed after delivery. Journals, periodicals, magazines (except for subscriptions).
-Provision of hosting services, other than those for the following purposes: residential, transportation of goods, car rentals, catering, or services linked to recreational purposes, if the offer has a date or a specific timeframe.
-Provision of goods that, by their nature, are impossible to disassociate from other articles.
-Provision of sealed goods that are not able to be resend due to health or hygiene concerns and that the CLIENT unsealed after DELIVERY.
-The provision of alcoholic drinks whose price was agreed upon at the moment of the conclusion of the contract, for which the delivery cannot be done in less than 30 days, and for which the real value is dependent on the fluctuation of the market and thus is out of the SELLER’s control.
-Provision of non supplied, dematerialized digital content if the execution began with the prior consent of the consumer, who acknowledged that by using the content he or she lost the right of withdrawal.
-Contracts concluded at a public auction.
The PRODUCTS proposed are delivered to the address given by the CLIENT.
The time to prepare an order and then the invoice, before expedition of the PRODUCTS in stock are mentioned on the WEBPAGE. These times do not include weekends or holidays.
An electronic message will automatically be sent to the CLIENT at the time that the PRODUCTS are sent, as long as the e-mail address on the sign-up form are correct.
Throughout the process of placing an order, the SELLER indicates to the CLIENT the delays and possible means of shipping for the PRODUCTS bought.
The shipping costs are calculated depending on the means of shipping. The total sum of these costs will be owed by the CLIENT, along with the cost of the PRODUCTS bought.
The package will be delivered to the CLIENT in exchange for a signature and upon presentation of an identification document. If the CLIENT is absent at the time of delivery, a notification of passage will be left for the CLIENT, in order to allow him or her to pick up his or her package at the nearest post office.
The CLIENT is informed of the date of delivery that is fixed at the moment the CLIENT picks the carriers, at the end of the process of ordering online, before confirming the order. It is noted that the deliveries will be done in less than thirty (30) days at the latest. Otherwise, the CLIENT must notify the SELLER so the latter can deliver within a reasonable time. In case of non-delivery, the CLIENT can rescind the contract.
The SELLER will reimburse the CLIENT, without excessive delay, from the date when the SELLER receives the cancellation letter. The CLIENT shall be reimbursed the total sum paid for the PRODUCTS, including taxes and delivery costs. The reimbursement shall be made through the same means of payment as the one used by the CLIENT to buy the PRODUCTS.
The SELLER is responsible until the PRODUCT is delivered to the CLIENT. It is noted that the CLIENT has a three (3) days grace period to notify the carrier of any damage or partial loss that took place during delivery.