GENERAL TERMS AND CONDITIONS OF SALE – CHRONOPACK
1. Definition and Application
These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions of Sale”) can be consulted on the website www.chronopack.com (hereinafter: the “Website”).
The Website and related services are offered by:
GALAND EMBALLAGES SA (hereinafter: "CHRONOPACK" and "We")
RUE DE LA FAGNE 9, 4920 AYWAILLE
VAT: BE0418423356
Tel: 0471307652
Email: INFO@GALANDSA.COM
For the purposes of these General Terms and Conditions of Sale, the following definitions shall apply:
(i) "Consumer": Any Customer (natural person) acting for purposes that are outside their trade or professional activity.
(ii) "Customer": Any natural or legal person (B2C or B2B) entering into a contractual relationship with CHRONOPACK, regardless of the nature of the contractual relationship, including, but not limited to, Consumers and Professional Clients. Hereinafter also referred to as "You".
(iii) "Products": All goods subject to one or more Sales Contracts.
(iv) "Goods made to the consumer’s specifications": Non-prefabricated Products, made based on an individual choice or decision of the Consumer.
(v) "Sales Contract": Any contract under which CHRONOPACK agrees to transfer ownership of the Products to the Customer and the Customer, in turn, agrees to pay the price of the Products.
The General Terms and Conditions of Sale apply to all current and future sales of Products by CHRONOPACK to the Customer. By using the Website, the Customer accepts the General Terms and Conditions of Sale, as well as all other rights and obligations stated on the Website.
These General Terms and Conditions of Sale are fully applicable, unless expressly waived. An express waiver is only valid to the extent that it results from a mutual agreement explicitly laid down in writing. Such express waivers are intended to replace or supplement the clauses to which they relate. All other provisions of these General Terms and Conditions of Sale remain fully applicable in all cases.
CHRONOPACK reserves the right to modify and/or supplement its General Terms and Conditions of Sale at any time for future orders. We recommend that you regularly read and review our General Terms and Conditions of Sale. Any future changes shall have no effect on ongoing orders and resulting contracts, unless otherwise stipulated by law.
2. Registration
To be able to use the services and features made available to you on the Website, you must first register. When registering, you are required to provide certain information about yourself. This information must be truthful, accurate, current, and complete. We reserve the right to modify the registration requirements at any time. If any of your personal information changes, you are required to inform us immediately by email at the following address: CHRONOPACK.
The password you provide for your account must be personal and kept confidential. Please inform CHRONOPACK immediately of any unauthorized use of the account or any other breach of security rules.
3. Eligibility to Purchase
Before making purchases on the Website, you are required to provide certain personal data. In particular, Customers must provide their real name, phone number, email address, and other required information as indicated on the Website. Additionally, when placing an order, you will be asked to provide payment details. You represent and warrant that the payment information you provide is both valid and correct, and you confirm that you are the person referred to in the provided information.
The Website is available only to individuals who meet the eligibility requirements established by CHRONOPACK. As a Customer, you must possess a valid credit or debit card issued by a bank acceptable to CHRONOPACK. By placing an order on the Website, the Customer authorizes CHRONOPACK to charge their credit or debit card for the total purchase price of the products ordered through the Website.
By placing an order on the Website, you expressly authorize us to carry out credit checks and, where necessary, if CHRONOPACK deems it appropriate, to transmit or obtain information at any time concerning you or third parties, including (but not limited to) your credit/debit card number or credit reports about you (including credit reports concerning your spouse if you are married under a community of property regime), in order to verify your identity, validate your credit/debit card, obtain an initial credit/debit card authorization, and authorize individual purchase transactions.
Furthermore, you agree that the personal data you have provided may be used to carry out the necessary anti-fraud checks. You authorize us to transmit your personal data to a credit or fraud prevention agency, which may keep such data in its database.
4. Our Online Offer
CHRONOPACK offers online sales of packaging products without printing, as well as online sales of printed packaging products for customers. In the case of printed products, customers are contacted by our graphic designers who prepare the layout of the ordered items based on the customer’s instructions. Orders are printed either by our in-house teams or via subcontractors and delivered by external carriers. Orders can also be placed by phone or by appointment.
Our online offer is presented with the utmost care. CHRONOPACK provides information on the characteristics of the Products, including technical descriptions based on the information received from our partners and suppliers, as well as photographs illustrating the Products. We provide this information within the limits of available technical resources. The images displayed on our Website are an approximate representation of the essential characteristics of our Products.
We make every effort to ensure that the colors of our Products, as shown on our Website, match reality. However, we cannot guarantee that the display on your screen will perfectly match the colors of our items, as computer screens may vary.
CHRONOPACK offers for sale Products that are in stock and available for shipment from our distribution center. However, we reserve the right to apply specific conditions to a particular offer, such as a limited validity period. In such cases, the offer is only valid while supplies last. Such specific conditions only apply if they have been explicitly and clearly communicated prior to placing the order.
5. Acceptance of Your Order
Once your order is placed, you will receive an email acknowledgment containing the details of your order. This email does not constitute acceptance of your order, but simply confirms that we have received it.
All orders must be accepted and available. Items in your shopping cart are not reserved and may be purchased by other Customers.
Unless you cancel your order, the acceptance of your order and the conclusion of the contract between you and CHRONOPACK will be effective as soon as we send you an email confirming that the goods have been shipped. The Sales Contract is concluded in Yvoir, Belgium, and the language of the contract is French.
The parties expressly acknowledge that electronic communications constitute a valid agreement. To the extent permitted by law, CHRONOPACK may use all electronic documents in its possession to prove the existence of the Sales Contract. A simple, digital, or qualified electronic signature is not required as proof.
CHRONOPACK reserves the right to refuse your order in cases such as, for example, our inability to obtain payment authorization, shipping restrictions applying to a specific item, the ordered item being out of stock or failing our quality control and being withdrawn from sale, or if you do not meet the eligibility criteria set forth in Article 3 of these General Terms and Conditions of Sale.
CHRONOPACK reserves the right to limit the quantity of a Product to be shipped to a Customer or to a shipping address. Each Customer agrees not to purchase the Products offered on the Website solely for resale purposes.
CHRONOPACK also reserves the right to refuse the processing of a transaction or the provision of services to a Customer, at any time and at its sole discretion. We cannot be held liable to you or to any third party in the event of the removal of goods from the Website or the sale of the goods, nor in the case of deletion, filtering, or modification of any material or content on the Website, or for refusing to process a transaction or for following or suspending any transaction after the processing has begun.
6. Prices
The prices of the Products presented on the Website are indicated in Euros and include VAT and other taxes. We reserve the right to change our prices at any time. However, we are committed to always applying the prices shown on our Website at the time of your order. Price changes due to changes in VAT rates will be borne by the Customer.
Prices are displayed online for most products. A custom offer may be sent by email free of charge if the requested quantity is large. To validate their order, the Customer must respond to the offer by email or online request.
The price of the individual Product does not include delivery costs and other additional costs. CHRONOPACK will communicate these additional costs during the last step of the online order process. The price stated in the order confirmation is the final price to be paid. Discount coupons and gift vouchers cannot be combined with other offers, promotions, or discounts displayed on the Website.
Any obvious pricing error, such as an evident inaccuracy, can always be corrected by CHRONOPACK after the conclusion of the sales contract.
The Customer must communicate any complaint regarding the price or payment in writing within seven (7) calendar days after receiving the order confirmation. The filing of a complaint does not suspend the payments due.
If your credit/debit card is not issued in euros, the final price will be calculated according to the exchange rate applicable on the day your credit/debit card company processes the transaction.
7. Payment
For online orders, we accept payments by Visa, MasterCard, PayPal, Maestro debit cards, as well as all other payment methods clearly indicated on the Website. CHRONOPACK may expand the accepted payment methods at any time. Any new payment method will be clearly communicated on the Website.
Payment will only be debited from your account at the time of shipment of your order by CHRONOPACK. By using a credit or debit card, you confirm that you are the cardholder or that you have been authorized to use this credit or debit card by its holder. All credit or debit card holders are subject to validation and authorization procedures by the card issuer. If the issuer of your payment card refuses to authorize the payment to CHRONOPACK, we cannot be held responsible for any delay or non-delivery of the items.
We take all reasonable measures to ensure the security of online transactions. All transactions made with a credit or debit card on our Website are processed by Ingenico or PayPal, a secure online payment gateway that encrypts your banking data in a secure environment. If you are registered as a CHRONOPACK user, we securely store your banking data in our systems. This data is fully encrypted and is only used to process transactions you have initiated.
Furthermore, we take all reasonable precautions, to the extent within our control, to keep the details of your order and payment secure. However, in the absence of any negligence on our part, we cannot be held liable for any loss you may suffer if an unauthorized third party gains access to the information you provide while using the Website or placing an order on the Website.
For orders placed by phone, email, or by appointment, payment will be made via bank transfer only. A 50% deposit will be requested at the time of the order for new customers or if the amount exceeds 1000 euros, with the remaining balance to be paid upon delivery of the product. For products under 1000 euros, the full amount must be paid at the time of the order.
8. Insurance and Delivery
CHRONOPACK assumes the risk of transfer of the Products until their delivery to the indicated address. We require a signature upon delivery of the Products. The delivery of the products marks the moment when the risk of damage and/or loss is transferred to the Customer. If you have specified a different recipient for the delivery (for example, in the case of a gift), you agree that their signature (or the delivery address) will constitute proof of delivery and fulfillment of CHRONOPACK’s obligations, as well as the transfer of responsibility.
For professional customers, CHRONOPACK’s responsibility ends as soon as the package is handed over to the carrier, in accordance with these General Terms and Conditions of Sale (GTC). Once the package is entrusted to the carrier, the risks related to transportation, including loss or damage of the Products, are fully borne by the customer. In the absence of an explicit provision in the GTC, CHRONOPACK remains responsible until delivery.
Please note that we do our best to ship all orders within 24 hours, or within 48 hours during sale periods. Estimated delivery times are provided for guidance only and begin from the date of shipment. CHRONOPACK cannot be held responsible for delivery delays caused by customs procedures in the destination country.
When you order a Product that is out of stock, we will inform you when the Product will be available again. In this case, the delivery time is suspended until the product is back in stock.
Our graphic design service for creating custom visuals is fully included in the cost of your order. However, please note that if the order is canceled after the graphic design work has been completed, a graphic design fee of €50 will be charged to cover the services of our designer.
To optimize transport and avoid any risk of damage during delivery, large boxes are delivered folded.
We draw your attention to the fact that this process may cause slight cracks at the fold lines, especially on white boxes. This characteristic is inherent in folded boxes and does not constitute a manufacturing defect.
We recommend that our customers take this specific feature into account when choosing their product.
For delivery, CHRONOPACK uses external parties and reliable carriers. The use of external parties may impact delivery. In the event of a non-delivered order, an investigation is immediately opened with the carrier. This investigation typically takes several days, during which no refund or reshipment will be processed.
CHRONOPACK declines all responsibility if the Product is damaged during transportation or if the Product is delivered late due to the carrier.
It is the Customer’s responsibility to ensure delivery at the indicated address, in the presence of the Customer or a third party designated by the Customer. Delivery is considered completed as soon as the Customer or a third party designated by the Customer physically takes possession of the ordered Products. If delivery fails due to a failure on the part of the Customer or the third party designated by the Customer, the cost of any re-delivery attempt will be fully borne by the Customer.
9. Right of Withdrawal
9.1. General
The Consumer has the right of withdrawal, in accordance with the Economic Law Code. The right of withdrawal allows the Consumer to cancel the Sales Contract within thirty (30) days following delivery if they are not satisfied with the Product. No justification or penalty is required. However, CHRONOPACK invites you to provide feedback to help improve its services.
Please note, the right of withdrawal is only available for non-printed neutral products. For products with custom printing, an exception applies (see section 9.2).
If the Consumer exercises their right of withdrawal in accordance with legal conditions, CHRONOPACK will refund the amount actually paid for the Product within thirty (30) calendar days. This rule also applies to orders made during promotional offers. The Consumer will receive a gift voucher worth the amount of the initial order, excluding return shipping fees. The Consumer always has the right to refuse the gift voucher and request a refund. In this case, the Consumer will receive a refund equivalent to the total value of the order, excluding return shipping fees. The refund will be made using the same payment method as the original transaction unless you have expressly agreed to another method of payment.
No additional fees will be charged for the refund.
CHRONOPACK does not reimburse shipping costs in the case of returning the Product.
9.2. Exceptions to the Right of Withdrawal
The Consumer is not allowed to exercise their right of withdrawal if the goods have been made according to the Consumer’s specifications or are clearly customized (Article 53 of the Economic Law Code). The Consumer accepts this when placing the order.
9.3. How to Exercise Your Right of Withdrawal
Please note that you can only exercise your right of withdrawal in accordance with the RVD if you formally notify us in writing within thirty (30) days of receiving your order. The withdrawal notification must be sent by email to service@chronopack.com.
The following information must always be clearly provided:
Date of the order, date of receipt, and date on which the right of withdrawal is exercised;
Name and address of the Consumer;
Signature of the Consumer.
9.4. How to Return a Product Following the Exercise of Your Right of Withdrawal
The Consumer who wishes to exercise their right of withdrawal must return the delivered Products to the registered office of CHRONOPACK. The products must be returned from the original destination country.
All Products must be returned unused, in their original condition, in their original packaging, and with all CHRONOPACK tags still attached. Damaged or soiled returned items cannot be accepted and will be returned to the Consumer, and/or a refund will be refused. When provided, returned items must include straps and other branded packaging, including authenticity cards, protective bags, and leather tags.
The Consumer is responsible for any depreciation of the Products resulting from handling them beyond what is necessary to establish the nature, characteristics, and functioning of the Products. CHRONOPACK has the right to charge the Consumer for the cost of depreciation on a pro-rata basis. However, this will only occur after CHRONOPACK has refunded the initial purchase price to the Consumer.
The Consumer must return the Product using a secure transport method to ensure that the Product arrives in good condition. We strongly recommend insuring your shipment, as you are responsible for the condition of the items and will be held accountable for any damage caused to the items until they arrive at our warehouse. In case of dispute, we also recommend keeping proof of shipment.
10. Legal Warranty
10.1. General
Each Consumer is entitled to a legal warranty period of two (2) years. The Consumer can invoke the legal warranty if the delivered Products do not correspond to the Product requested or ordered (non-conformity), provided that the Customer could not establish this non-conformity at the time of receipt of the Product.
If the Product is defective within the first six months after delivery, it is presumed that the defect existed at the time of delivery. CHRONOPACK may prove otherwise.
If the defect in the Product is detected more than six months after delivery, the Consumer must prove that the Product was non-conforming at the time of delivery.
The legal warranty does not apply in the case of damage caused by normal wear and tear, accidental or intentional modifications made to the Product by the Customer, including improper or incorrect use, exposure to moisture, fire, earthquakes, or other external causes.
Additional commercial warranties are always possible in accordance with the general terms and are always communicated explicitly.
10.2. Claim Mechanism
The Customer or the third party designated by the Customer is required to verify the conformity of the Products at the time of delivery. If the Product has a visible defect, and the recipient notices the defect, they must file a claim.
The Customer must communicate these claims to CHRONOPACK in writing, explicitly, unambiguously, and with justification. This must be done within three (3) calendar days following delivery to the Customer or to the third party designated by the Customer. It is the Customer's duty to provide sufficient justification for this communication. In the absence of a sufficiently motivated claim, the Customer is not authorized to return the Products.
10.3. How to Return a Product Under the Legal Warranty?
Each Customer is required to return the non-conforming Product to CHRONOPACK within thirty (30) calendar days following the filing of the claim for repair, replacement, or refund. Otherwise, the suspension of the legal warranty period will be considered null.
The thirty (30) calendar day period does not apply when it is clearly demonstrated that the Product was damaged during transport. In this case, the Customer must return the Product without delay, and no later than three (3) calendar days.
Products must be returned to CHRONOPACK, at the Consumer's expense, in their original condition, including their packaging, accessories, and documentation, and always accompanied by the original invoice or a valid proof of payment. Any failure to comply with this obligation will result in a proportional reduction of the refund.
Returning a Product is always at the Customer's risk. In all cases, we recommend returning the product by registered and insured mail to avoid risks of loss or theft. This return must be made within seven (7) calendar days following the communication.
10.4. Repair or Replacement
If the above conditions are met, the Customer is entitled, in the first instance, to free repair or replacement of the ordered products, if the situation allows. Please note that we will only replace the Product with the same item of the same size, subject to availability in stock. If the Product cannot be repaired or if the same Product is not available, the Customer will receive a gift voucher for the amount of the initial order. The Customer always has the right to refuse the voucher and demand a full refund.
CHRONOPACK is only obliged to provide a refund if the repair or replacement no longer provides the same benefit to the Customer as the original purchase. The Customer must clearly and justifiably communicate the reason for this. Any compensation and refund cannot, in any case, exceed the amount invoiced to the Customer.
If the Products have been returned when the conditions were not met, CHRONOPACK will return them to the Customer. The costs of this shipment will be borne by the Customer. CHRONOPACK may store the returned Products for the account and risk of the Customer, until the return costs have been paid.
11. Return and Refund of Defective Products
If you wish to request a refund for a product you consider defective, you must return it at your own expense.
Return Procedure:
Return of the package: You return the product at your own expense.
Receipt and inspection: Upon receipt of the package in good condition, our quality service will conduct a verification and analysis of the product's quality.
Defective product: If the product is deemed defective, we will cover the return shipping costs and proceed with the refund.
Conforming product: If the product is deemed conforming, it will be returned to the original sender. Additional transport fees may apply.
We are committed to handling each request with care and diligence, thereby ensuring the satisfaction of our customers.
12. Intellectual Property
The use of our Website and its content does not grant you any intellectual property rights over them, including CHRONOPACK's software and all HTML and other codes contained in the site. "Intellectual property rights" refers to copyrights, design rights, trademark rights, and any other intellectual property rights and material rights on the content of the site. All content, including third-party trademarks, designs/models, and intellectual property rights cited or displayed on the Website, is protected by intellectual property laws, national laws, and other provisions of international treaties. You may use the content explicitly authorized by CHRONOPACK and/or its third-party licensors. Any reproduction or redistribution of the above-mentioned content is prohibited and may result in civil and criminal penalties. Without any limitation of the above, copying and using the elements mentioned above to another server, location, or publication support, reproduction, or distribution is strictly prohibited. However, you are authorized to make a copy for the purpose of viewing the content for personal use.
In addition to the intellectual property rights mentioned above, the "Content" is defined as any graphics, photograph, including any image, sound, music, video, audio, or text available on the Website. CHRONOPACK strives to ensure that the information on the Website is accurate and complete. CHRONOPACK cannot promise that the content will always be accurate and error-free. CHRONOPACK also cannot promise that the functional aspects of the Website or the content will be free from errors, or that the content or the server providing it will be free from viruses or other harmful elements. We always recommend that internet users ensure they have up-to-date antivirus software.
The personal opinions expressed by customers, designers, and brands whose products we sell, or any other third parties with whom we are associated, do not necessarily reflect those of CHRONOPACK, and we accept no responsibility for these opinions expressed in the media or on our website.
Use of Visuals for Communication Purposes
All designs provided and photos of printed products remain the property of CHRONOPACK and may be used for promotional purposes unless the customer has made a prior written request via email.
Unless explicitly requested in writing by the customer before production, any personalized product printed by us may be used for communication purposes on our digital platforms, including our social media and website. This use is solely intended to showcase our expertise and the work we have done for our clients.
13. Use of the Website
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works, transfer, or sell any content, software, product, or service offered on the Website. You may not use this Website or its content for commercial purposes, including but not limited to any advertising activities or generating advertising revenue on your own website.
You are personally responsible for your use of the Website and all communication and activities you engage in on or within the Website. If you are involved in prohibited activities, or in activities that are disrespectful of other users or contrary to these General Terms and Conditions of Sale, access to the Website may be denied to you, either temporarily or permanently.
14. Third-Party Websites
On our Website, we may insert hyperlinks to other websites or resources operated by third parties other than CHRONOPACK, including advertisers. CHRONOPACK has not reviewed all the websites linked to its Website and is not responsible for the content or accuracy of pages on these external sites, nor for the availability of such external sites or resources. CHRONOPACK does not assume any responsibility, directly or indirectly, regarding the privacy practices or content of these external sites, including (but not limited to) any advertisements, products, or other materials or services available on or from these external sites or resources, nor for any damage, loss, or infringement caused or alleged to be caused by or in connection with the use or reference to such content, products, or services available on these external sites or resources.
15. Our Relationship with You
The use of our Website does not create any joint venture, partnership, employment, or agency relationship between you and CHRONOPACK. In no event can the Customer be considered a representative, agent, or employee of CHRONOPACK. Therefore, CHRONOPACK is not responsible for any representation, action, or omission on your part.
16. Force Majeure
If CHRONOPACK is prevented, in whole or in part, from fulfilling its obligations to the Customer due to an unforeseen circumstance beyond its control, this will be considered force majeure. In such a case, CHRONOPACK is entitled to suspend its obligations for the duration of the force majeure event.
17. Processing of Your Personal Data
The personal data provided by the Customer is necessary for the processing and execution of orders, as well as for billing and warranty contracts. If this information is missing, the order will inevitably be canceled. Providing false or incorrect personal data is considered a violation of these General Terms and Conditions of Sale.
CHRONOPACK is committed to complying with the applicable regulations on the processing of personal data, particularly Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 (GDPR) and the Belgian law of 30 July 2018.
18. Applicable Law and Competent Jurisdictions
These General Terms and Conditions of Sale, along with our other policies and procedures, are governed by Belgian law and shall be interpreted in accordance with it. The application of the Vienna Convention is expressly excluded.
Any disputes related to or arising from CHRONOPACK's offers or agreements made with it are subject to the courts of the judicial district of Liège.
Consumers also have the option to submit their dispute concerning the General Terms and Conditions of Sale to an independent dispute resolution body.
For more information on this out-of-court dispute resolution, we invite you to visit the following site:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
The consumer is not allowed to exercise their right of withdrawal if the goods supplied are made according to the Consumer's specifications or are clearly personalized (Article 53 of the Economic Law Code). The Consumer accepts this when placing the order.