Article 1 – Purpose and scope of application
1.1 These General Terms and Conditions of Sale (hereinafter the "GTC") define the rights and obligations of the parties within the framework of the sale of products (hereinafter the "products"), via the website www.sofyinspi.com(hereinafter referred to as the "site"). These GCs govern any sale of products made on the site.
1.2 The GCs are concluded between, on the one hand, Sophie Waucomont, registered with the Belgian Crossroads Bank for Enterprises under number 0760794259 (VAT BE0760794259) whose registered office is located at Hellendergasse 1 in Lontzen, Belgium, hereinafter referred to as the "seller" and, on the other hand, the person wishing to consult the site and make a purchase, hereinafter referred to as the "buyer". The buyer and the seller are hereinafter jointly referred to as the "parties". The parties agree that their relations will be governed exclusively by the Terms and Conditions, excluding all conditions previously available on the site.
1.3 Any order of a product offered on the site (hereinafter the "order") implies prior consultation and express acceptance of the General Terms and Conditions of Sale by the buyer, without this acceptance being conditioned on a handwritten signature by the buyer. In accordance with the provisions of the law of July 9, 2001 setting certain rules relating to the legal framework for electronic signatures and certification services, it is reminded that the validation of the order form constitutes an electronic signature which, between the parties, has the same value as a handwritten signature and serves as proof of the completeness of the order and the enforceability of the amounts due under said order.
1.4 The Terms and Conditions exclusively concern buyers who are natural persons not engaged in commerce. The buyer wishing to purchase a product on the site declares having full legal capacity. Any person under legal incapacity within the meaning of Article 1123 and following of the Civil Code, may in no way purchase on the site, or must do so through and under the responsibility of their legal representative. This legal representative is required to comply with the Terms and Conditions.
Article 2 – Description and Availability of Products
2.1 The products offered for sale are those listed on the site, with a description of their essential characteristics, on the day and at the exact time the site is consulted by the buyer, and subject to available stock. The seller uses all reasonable means to display product availability in real time on the site but cannot be held responsible if a product is no longer available to fulfill the order placed by the buyer. In case of unavailability of any of the ordered products, the buyer will be informed and will have the option either to modify their order or to cancel it, in which case they will be refunded the amount of their order if payment has already been made.
2.2 The photographs, texts, and other descriptive elements illustrating the products are not part of the contractual scope. If these photographs and/or texts contain errors, the seller cannot be held liable on this basis. The seller commits to making their best efforts to correct errors or omissions as quickly as possible after being informed.
Article 3 – Purchase Price and Delivery Charges
3.1 The price of each product is displayed on the site (hereinafter the "purchase price") in euros and including VAT (if applicable). This price is valid in countries where delivery is possible on the site and does not include preparation and delivery fees, which are also the buyer's responsibility, nor the deduction of any discount or voucher granted to the buyer personally. The seller reserves the right to change prices at any time, but products will be billed based on the purchase price in effect at the time of order validation, subject to availability.
3.2 When ordering, buyers agree to pay, in addition to the purchase price of the ordered products, the preparation and delivery fees (hereinafter the "fees"). These fees vary depending on the type and quantity of products ordered, and the chosen delivery method, and include VAT. The buyer can consult the amount of these fees on the site by viewing their "Cart," where a calculation of the total amount corresponding to the purchase price of the products and the fees is displayed. The seller reserves the right to modify the amount of the fees at any time, but the fees will be charged based on the rates in effect at the time of order validation, subject to availability. These fees remain due and will not be refunded if the buyer returns all or part of the order under their right of withdrawal.
3.3 Products are only delivered to countries for which the site authorizes delivery. Buyers wishing to be delivered to one of the authorized countries but on an island of those countries will be charged an additional delivery fee. Any incorrect delivery address is the responsibility of the buyer and may result in additional charges. The indicated delivery times are not binding but are given for informational purposes only. No delay in delivery can lead to cancellation of the order or payment of damages to the buyer. The seller has the right to make partial deliveries.
Article 4 – Ordering Procedures
4.1 To place an order, the buyer must complete the order form provided on the site, on which they will notably include the information necessary for their identification, including their last name, first name, and delivery address. The seller cannot be held responsible for the consequences of providing incorrect information. After completing the order form, the buyer is invited to finalize the ordering process by clicking on "Validate my order," by which the buyer declares full and unconditional acceptance of these Terms and Conditions, definitively confirms their order, and commits to paying the full total amount due, i.e., the purchase price, increased by fees, and reduced by any possible vouchers.
4.2 The seller will confirm each order by sending an email to the buyer at the email address provided by the buyer during registration (hereinafter the "order confirmation"). This order confirmation will notably mention the order date, the product ordered, its purchase price, increased by fees, and the delivery terms. The data recorded by the seller, as well as the order confirmation, will constitute proof of the contractual relations between the parties.
4.3 The seller reserves the right to refuse or cancel any order or delivery in case of an existing dispute with the buyer, total or partial non-payment of a previous order, or refusal of payment authorization by credit card from banking institutions. In such cases, the seller's liability cannot, under any circumstances, be engaged.
Article 5 – Payment terms
5.1 Payment for purchases is made by credit card of the Visa or Mastercard type or by Bancontact. When validating the order, the user provides the name on their credit or bank card, the card number, its expiration date, and the control number. Some issuing banking institutions may require an additional signature such as a digipass. The validity of the payment is confirmed or not after verification by the issuing banking institution. If the payment is confirmed, the debit occurs, after invoicing the order, according to the terms agreed with the card's issuing banking institution.
5.2 The ordered product(s) remain the property of the seller until full payment of the purchase price and fees indicated at the time of the order.
Article 6 – Terms of delivery/pickup of merchandise
6.1. The buyer can obtain their order by 2 means:
- The pickup of the parcel according to the terms described in article 6.3
- The shipment of the parcel by bpost according to the terms of article 6.4
6.2. The buyer will specify how they wish to receive their merchandise in the "Delivery" tab. Once the order is duly validated, it will no longer be possible to modify this information.
6.3. The pickup of the merchandise is free of charge.
When placing an order, the buyer must select the "Delivery" tab and choose the "pickup at the depot" option. The buyer must then arrange an appointment with Sofyinspi, which can be done via the "Contact" tab or Instagram. The time and place for merchandise pickup are not flexible and cannot be changed.
6.4 When placing an order, the buyer must select the "Delivery" tab and choose the "Delivery by post" option. The order is delivered to the home or the address indicated by the user. Orders are handled by bpost in Belgium and bpost International for other European countries.
- Standard Delivery in Belgium via BPost - 5.70 euros for parcels under 2kg.
- Standard Delivery in Europe:
- For any order under 2kg - 12 euros
For delivery within Belgium, the seller will make every effort to ship the order to the delivery address within 48 hours following order confirmation and receipt of payment. Delivery usually takes between 2 to 5 working days. The delivery person will present themselves at this address between 8 a.m. and 6 p.m. on working days and will hand over the package(s) to the recipient or any other person present at the indicated address. In case of absence, a notice will be left at the delivery address. It will then be the user's responsibility to contact the delivery person to arrange either a new delivery date at the same address, a new delivery date at a new address, or a pickup at the nearest Post Office. If this is not done within 15 days from the notice left by the delivery person or if the user is absent at the time of the new delivery, the order will be automatically returned to the seller, who will contact the user to schedule a new delivery. In this case, additional delivery fees may be charged to the user.
For delivery outside Belgium, the seller will make every effort to ensure that the order is delivered within 15 days following order confirmation. Delivery terms will be subject to the postal services of the country concerned.
The indicated delivery time is for information purposes only. Failure to meet it will not create any right to damages for the user.
The transfer of risks to the user occurs at the moment the ordered products are made available to the delivery person. Proof of this availability will be documented by the control system used by the delivery person.
6.5 It is the user's responsibility to check shipments upon arrival and to make any justified reservations and claims, or even to refuse the package if it appears to have been opened or shows obvious signs of damage. Such reservations and claims related to the delivery of products must be sent directly and simultaneously to the carrier and the seller by registered letters with acknowledgment of receipt within three working days following the delivery of the product(s).
Article 7 – Right of withdrawal and return procedures
7.1 If the product(s) purchased on the site do not suit the user, they have a period of fourteen (14) calendar days, starting from the day after the delivery date, to cancel their purchase without penalty and without giving reasons, in accordance with the economic law code.
Within this period, the user must notify the seller of their intention to exercise their right of withdrawal, as follows:by sending an email to info@sofyinspi.com with the buyer's full name, order reference, and a detailed description of the returned item(s).
It is important to note that products must not have been used and must be returned in their NEW condition with packaging in order to obtain a refund.
7.2 The return to the seller will be made to the following address, unless otherwise instructed to the user, by any means of transport chosen by the user, who must keep proof of shipment.
Sofyinspi SComm, Hellendergasse 1, 4710-Lontzen
7.3 The costs and risks related to the return shipment are borne by the user.
We advise you to return the merchandise by registered or tracked mail and possibly take out insurance with the carrier for the market value of the products. This is necessary in case of theft or loss of the merchandise by their services. In all cases, the return is at the consumer's expense and risk.
7.4 If the user exercises their right of withdrawal within the aforementioned period and returns the products no later than fourteen (14) days following the communication of their decision to withdraw according to the terms agreed in the previous paragraphs, the seller commits to refund the purchase price to the user, provided it has already been paid, no later than upon receipt of the product(s) by the seller.
7.5 In case of refund for returned products, the seller will credit the credit card used for payment of said products with an amount equivalent to their purchase price, minus the amount of any voucher(s) or discounts applied during the order. The user's refund will be made according to the terms agreed with the card issuing bank.
7.6 The user cannot exercise their right of withdrawal and/or exchange if the delivered product(s) have clearly been used for a prolonged period (beyond a few minutes), have been damaged, or have missing parts.
7.7 The product(s) must be returned properly protected, in their original packaging, in perfect resale condition (not damaged, harmed, or soiled by the customer) accompanied by all possible accessories, user manual, etc., to the above-mentioned address. Otherwise, they cannot be returned or exchanged.
7.8 Products for which no attached element allows identification of the sender (return number, order number, name, first name, address) cannot be returned or exchanged either. Products returned but not accepted back by the seller will be held at the user's disposal at the seller's location. The user remains liable to pay for them. In case of abnormal or abusive returns, the seller reserves the right to refuse any subsequent order.
Article 8 – Privacy Protection Regarding the Processing of Personal Data
8.1 The seller collects personal data concerning buyers, which is communicated to it on the site or by email. It undertakes not to disclose this data to third parties. This data is confidential. It will only be used by its internal services for order processing, with the aim of strengthening and personalizing communication, notably through informational letters/emails as well as in the context of site personalization according to the observed preferences of buyers, or for creditworthiness monitoring.
8.2 The seller therefore does not sell, market, or rent to third parties the information concerning buyers. In the event of transfer or use of personal data by third parties, the seller undertakes to inform the buyer beforehand to allow them to exercise their right of opposition. The seller may also provide consolidated statistics related to its buyers, sales, exchange structure, and site information to trusted third parties, but these statistics will contain no personal data. However, this article shall not prevent the transfer or assignment of activities to a third party.
Article 9 – Liability
9.1 The seller only undertakes obligations of means for all stages of site access, from order to delivery or subsequent services. The seller's liability cannot be engaged for any inconveniences or damages inherent to the use of the Internet network, including service interruptions, external intrusions, the presence of computer viruses, or any event that could be qualified as force majeure. In any case, the seller's liability under these Terms and Conditions shall not exceed an amount equal to the sums paid or payable during the transaction giving rise to said liability, regardless of the cause or form of the action concerned.
9.2 The seller cannot be held responsible for cases of force majeure such as a delay in execution or non-performance of its commitments due to events beyond its normal control, including production interruptions, supply difficulties or shortages of raw materials, labor, energy or transport, or delays in transport, strikes, lockouts, work stoppages or other collective labor disputes affecting it or its suppliers, even if these events were foreseeable.
Article 10 – Intellectual property
All elements of the site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks, patents, and more generally by intellectual property rights as well as by the law relating to databases. They are the exclusive property of the seller. A buyer who has a personal website and wishes to place, for personal use, a simple link directly referring to the site must obtain authorization from the seller. This will not constitute an implicit affiliation agreement. However, any hyperlink referring to the site using framing, in-line, or deep linking techniques is strictly prohibited. In all cases, any link, even tacitly authorized, must be removed upon simple request by the seller.
Article 11 – Contact and dispute resolution
In case of questions about their purchase, the buyer has the option to contact the seller using the contact form available in the "Contact" section of the seller's website or via the email address info@sofyinspi.com. The seller commits to responding to the buyer's request as soon as possible.
Article 12 – Nullity and entirety
If one or more provisions of the General Terms and Conditions of Sale are held to be invalid or declared as such under a law, regulation, or following a final decision of a competent court, the other provisions shall retain their full force and effect. The General Terms and the order summary sent to the buyer form a contractual whole and constitute the entirety of the contractual relations between the parties. In case of contradiction between these documents, the General Terms shall prevail.
Article 13 – Duration
These conditions apply for the entire duration of the online availability of the services offered by the seller.
Article 14 – Evidence
The computerized records, kept in the computer systems of the seller and its partners under reasonable security conditions, shall be considered as evidence of communications, orders, and payments made between the parties. The parties accept, within the scope of their relations, the principle of electronic evidence (for example: email, backups, etc.).
Article 15 – Modification
The seller reserves the right to modify the General Terms and will communicate the new version to buyers via the website.
Article 16 – Applicable law and competent courts
These General Terms and Conditions of Sale are subject to Belgian law. In case of dispute, an amicable solution will be sought before any legal action. Failing an amicable settlement, the courts of the judicial district of Liège shall have exclusive jurisdiction.