TERMS AND CONDITIONS - CHRONOPACK
- Definition and application
These general terms and conditions of sale (hereinafter referred to as the "Terms and Conditions") may be viewed on the www.chronopack.com website (hereinafter referred to as the "Website").
The Website and related services are offered by:
GALAND EMBALLAGES SA (hereinafter: "CHRONOPACK" and "We")
RUE LOUIS MESTREZ 5 4400 AWIRS
VAT- BE0418423356
Tel : 0471307652
E-mail : INFO@GALANDSA.COM
For the purposes of these General Terms and Conditions of Sale, the following definitions shall have the following meanings:
(i) " Consumer ": Any Customer (natural person) acting for purposes which do not relate to his commercial or professional activity.
(ii) " Customer ": Any natural or legal person (B2C or B2B) who enters into a contractual relationship with CHRONOPACK, regardless of the nature of the contractual relationship, including, but not limited to, Consumers and Professional Customers. Hereinafter also referred to as "You".
(iii) " Products ": All goods that are the subject of one or more Sales Contracts.
(iv) "Goodsmanufactured according to the Consumer's specifications": Products that are not prefabricated, manufactured on the basis of an individual choice or decision by the Consumer.
(v) " Sales Contract ": Any contract under which CHRONOPACK undertakes to transfer ownership of the Products to the Customer and where the Customer in turn undertakes to pay the price of the Products.
The General Sales Conditions apply to all current and future sales of Products by CHRONOPACK to the Customer. By using the Web Site, the Customer accepts the General Sales Conditions, as well as all other rights and obligations mentioned on the Web Site.
These General Terms and Conditions of Sale are fully applicable, except in the case of an express waiver. An express waiver is only valid insofar as it results from a mutual agreement expressly provided for in writing. Such express derogations are intended to replace or supplement the clauses to which they refer. The 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 Sales Conditions at any time for future orders. We advise you to read and consult our General Sales Conditions regularly. Any future changes will have no effect on current orders and contracts arising therefrom, unless otherwise stipulated by law.
2. Registration
In order to use the services and functionalities made available to you on the Website, you must first register. When you register, you are required to provide certain information about yourself. This information must be true, accurate, up-to-date and complete. We reserve the right to change registration requirements at any time. If your personal information changes, we ask you to inform us immediately by e-mail at the following address: CHRONOPACK
The password entered for your account must be personal and confidential. Please inform CHRONOPACK immediately of any unauthorized use of your account or any other breach of security.
3. Eligibility to purchase
Before making purchases on the Website, you must provide a certain amount of personal data. In particular, customers must provide their real name, telephone number, e-mail address and other requested information, as indicated on the Website. In addition, when placing an order, you will be asked to provide payment details. You represent and warrant that the payment details provided are both valid and correct, and you confirm that you are the person corresponding to the information provided.
The Website is available only to persons who meet the eligibility requirements set by CHRONOPACK. As a Customer, you must possess a valid credit or debit card issued by a bank accepted by CHRONOPACK. Customers who place orders on the site authorize CHRONOPACK to debit their credit or debit card up to the amount of the total purchase price of the products purchased on the Website.
By placing an order on the Web Site, you expressly authorize us to perform credit checks and, if necessary, if CHRONOPACK deems it necessary, to transmit or obtain at any time information (including any updated information) about you or third parties, including but not limited to, your credit/debit card number or credit reports about you (including credit reports about your spouse if you are married in community of property), to confirm your identity, and to validate your credit/debit card, obtain an initial credit/debit card authorization and authorize individual purchase transactions.
In addition, you agree that the personal information you have provided to us may be used for the purpose of carrying out any required anti-fraud checks. You authorize us to transmit your personal information to an entity in charge of credit or fraud prevention, which may keep this information in its database.
4. Our online offer
CHRONOPACK offers online packaging sales without printing, and online packaging sales of printed products for customers. In the latter case, customers are contacted by our graphic designers, who create the layout of their ordered items for them, according to their instructions. Orders are printed by our in-house teams or via our subcontractors and delivered by external carriers. Orders can also be placed by telephone or by appointment.
Our online offer is presented with the greatest care. CHRONOPACK provides information on the characteristics of the Products, including technical descriptions based on information we receive from our partners and suppliers, and photographs illustrating the Products. We provide this information to the extent permitted by technical resources. The images displayed on our Website are an approximate representation of the substantial characteristics of our Products.
We make every effort to ensure that the colors of our Products, as displayed on our Website, correspond to reality. However, we cannot guarantee that the display on your screen will perfectly match the colors of our products, 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 valid only while stocks last. Such specific conditions are only applicable if they have been explicitly communicated prior to the order.
5. Acceptance of your order
Once your order has been placed, you will receive an e-mail confirming receipt of your order. This e-mail does not constitute acceptance of your order, but simply confirms that we have received your order.
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 from the moment we send you an e-mail confirming that the goods have been dispatched. The Sales Contract is concluded in Yvoir, Belgium, and the language of the contract is French.
The parties expressly acknowledge that electronic forms of communication constitute a valid agreement. Within the limits authorized 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 the event, for example, that we are unable to obtain payment authorization, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not meet our quality control and is withdrawn from sale, or that you do not meet the eligibility criteria set forth in Section 3 of these Terms and Conditions of Sale.
CHRONOPACK reserves the right to limit multiple quantities of a Product to be shipped to a Customer or to a postal address. Each Customer agrees not to purchase the Products offered on the Web Site for the sole purpose of reselling them.
CHRONOPACK also reserves the right to refuse to process a transaction or provide services to a Customer at any time and at its sole discretion. We shall not be liable to you or to any third party for removing merchandise from the Website or selling merchandise, or for removing, filtering, or modifying any material or content on the Website, or for refusing to process any transaction or monitoring or suspending any transaction after processing has begun.
6. Prices
The prices of the Products shown on the Website are quoted in Euros and include VAT and other taxes. We reserve the right to change our prices at any time. However, we undertake always to apply the prices shown on our Website at the time of your order. Price changes due to changes in VAT rates will be charged to the Customer.
Prices are displayed online for most products. A customized offer can be sent by e-mail free of charge if the quantity requested is large. To validate the order, the customer must reply to the offer by e-mail or online request.
CHRONOPACK will communicate these additional costs at the last stage of the online ordering process. The price indicated in the order confirmation is the final price to be paid. Vouchers and gift certificates cannot be combined with other offers, promotions or discounts displayed on the Website.
Any obvious error in the price, such as an obvious inaccuracy, can always be corrected by CHRONOPACK after the conclusion of the sales contract.
The Customer must notify CHRONOPACK in writing of any complaints regarding price or payment within seven (7) calendar days of receiving confirmation of the order. Filing a complaint does not suspend payments due.
If your credit/debit card is not denominated in euros, the final price will be calculated in accordance with the exchange rate applicable on the day your credit/debit card company processed the transaction.
7. Payment
For online orders, we accept payment by Visa, MasterCard, Paypal, Maestro debit cards, as well as all other payment methods clearly indicated on the Website. CHRONOPACK may extend the methods of payment accepted at any time. Any new payment method will be clearly communicated on the Site.
Payment is debited from your account only upon shipment of your order by CHRONOPACK. By using a credit or debit card, you confirm that you are the holder of this card or that you have been authorized to use this credit or debit card by its holder. All credit and debit cardholders are subject to validation and authorization procedures by the card issuer. If the issuer of your payment card refuses to authorize payment to CHRONOPACK, we cannot be held responsible for the delay or non-delivery of items.
We take all reasonable measures to ensure the security of online transactions. All credit and debit card transactions on our Website are processed by Ingenico or PayPal, a secure online payment gateway that encrypts your banking information in a secure environment. If you are a registered CHRONOPACKuser , we store your bank details securely on our systems. This data is fully encrypted and is only used to process transactions that you have initiated.
In addition, we take all reasonable precautions, within our control, to keep your order and payment details secure. However, in the absence of negligence on our part, we will not be liable for any loss you may suffer if an unauthorized third party gains access to the data you provide when using the Website or placing an order on the Website.
For orders taken by telephone, e-mail or by appointment, payment will be made by bank transfer only. A 50% deposit will be required at the time of order for new customers, or if the amount is over 1000 euros, the remainder of the balance must be paid on delivery of the product. For products under 1000 euros, the full amount must be paid at the time of ordering.
8. Insurance and delivery
CHRONOPACK bears the risk of transfer of the Products until they are delivered to the address indicated. We require a signature when Products are delivered. Delivery of the Products constitutes the moment when the risk of damage and/or loss is transferred to the Customer. If you have indicated a recipient other than yourself for the purposes of delivery (for example in the case of a gift), you agree that his/her signature (or the delivery address) constitutes proof of delivery and compliance with CHRONOPACK 's commitments , as well as the transfer of responsibility.
Please note that we do our best to dispatch all orders within 24 hours, or within 48 hours during sales periods. Estimated delivery times are for guidance only and start from the date of dispatch. CHRONOPACK cannot be held responsible for delivery delays caused by procedures imposed by the customs service of the destination country.
When you order a Product that is not in stock, we will let you know when the Product will be available again. In this case, the delivery time is suspended until the product is back in stock.
CHRONOPACK uses external parties and reliable carriers for delivery. The use of external parties may have an impact on delivery. Following an undelivered order, an investigation is immediately opened with the carrier. This usually lasts several days, during which time no refund or alternative shipment to the Customer will be made.
CHRONOPACK declines all responsibility if the Product is damaged during transport or if the Product is delivered with a delay caused by the carriers.
It is the Customer's responsibility to allow delivery to the address indicated, in the presence of the Customer or a third party designated by the Customer. Delivery occurs when the Customer or a third party designated by the Customer takes physical possession of the Products ordered. If delivery fails due to a fault on the part of the Customer or the third party designated by the Customer, the cost of the new delivery attempt will be borne entirely by the Customer.
9. Right of withdrawal
9.1 General
The Consumer has a right of withdrawal in accordance with the Code of Economic Law. The right of withdrawal gives the Consumer the opportunity to cancel the Sales Contract within thirty (30) days of delivery if he/she is not satisfied with the Product. No obligation of motivation nor penalty is required. CHRONOPACK nevertheless invites you to send us your comments in order to improve our services.
Please note that the right of withdrawal is only available for neutral products without printing. For products with custom printing, an exception applies (see point 9.2).
If the Consumer exercises his/her right of withdrawal in accordance with the legal conditions, CHRONOPACK will reimburse the amount actually paid for the Product within thirty (30) calendar days. This rule also applies to orders placed on the occasion of promotional offers. The Consumer will receive a voucher equal in value to the amount of the original order, excluding return costs. The Consumer always has the right to refuse the voucher and request a refund. In this case, the Consumer will receive a refund equivalent to the total value of the order, excluding return costs. The refund will be made using the same method of payment as that used for the original transaction, unless you have expressly agreed to a different method of payment.
No additional costs will be charged for the refund.
CHRONOPACK does not reimburse shipping costs for Product returns.
9.2. Exceptions to the right ofwithdrawal
The Consumer is not entitled to exercise his right of withdrawal if the supply of goods which are manufactured are made to the Consumer's specifications or if they are clearly personalized (Article 53 of the Code of Economic Law). The Consumer accepts this by placing the order.
9.3. How to exercise your right ofwithdrawal?
Please note that you may only exercise your right of withdrawal in accordance with the RVD if you formally notify us in writing within thirty (30) days of receipt of your order. Notification of withdrawal should be sent by e-mail to SERVICE@GALANDSA.COM
The following information must always be clearly communicated:
- Date of order, date of receipt and date on which the right of withdrawal is exercised;
- Consumer's name and address;
- Consumer's signature.
9.4 How do I return a Product afterexercising my right ofwithdrawal?
Consumers wishing to exercise their right of withdrawal must return the Products delivered to CHRONOPACK's head office. Products must be returned from the original country of destination.
All Products must be returned to us unused, in their original condition, in their original packaging and with all CHRONOPACKlabels still attached. Items returned damaged or soiled cannot be returned and will be returned to the consumer and/or a refund will be refused. When supplied, returned items must be provided with straps and other branded packaging, including authenticity cards, protective bags and leather labels.
The Consumer is responsible for any depreciation of the Products resulting from their handling beyond what is necessary to establish the nature, characteristics and operation of the Products. CHRONOPACK is entitled to charge the Consumer the costs of depreciation on a pro rata basis. This, however, only after CHRONOPACK has refunded the original purchase price to the Consumer.
The Consumer must return the Product by a secure means of transport to ensure that the Product arrives in good condition. We strongly recommend that you insure your shipment as you are responsible for the condition of the items and will be held liable for any damage to the items until they reach our warehouse. In the event of a dispute, we also recommend that you keep proof of shipment.
10. Legal warranty
10.1General
Each Consumer benefits from a legal warranty period of two (2) years. The Consumer may invoke the legal warranty if the Products delivered do not correspond to the Product requested or ordered (non-conformity), insofar as the Customer was unable to establish this non-conformity at the time of receipt of the Product.
- If the Product is defective within the first six months following delivery, there will be a presumption that the defect has existed since delivery .CHRONOPACK may prove the contrary.
- If the Product defect is detected more than six months after delivery, the Consumer must prove the non-conformity of the Product at the time of delivery.
The legal warranty is not applicable in the event of damage caused by normal wear and tear, accidental or intentional modifications made to the Product by the Customer, including improper and incorrect use, exposure to humidity, fire, earthquakes or other external causes.
Additional commercial warranties are always possible in accordance with the general terms and conditions and are always expressly communicated.
10.2Complaint mechanism
The Customer or the third party designated by the Customer is obliged to check the conformity of the Products at the time of delivery. If the Product is affected by a visible defect, and the recipient notices this defect, he/she is obliged to lodge a complaint.
The Customer shall communicate such claims to CHRONOPACK in writing and in an explicit, unambiguous and reasoned manner. This must be done within three (3) calendar days of delivery to the Customer or to the third party designated by the Customer. It is the Customer's duty to give sufficient reasons for this communication. In the absence of a (sufficiently) substantiated complaint, the Customer is not entitled to return the Products.
10.3 How can I return a product under the legal warranty?
Each Customer is required to return the non-conforming Product to CHRONOPACK within thirty (30) calendar days of filing the claim for repair, replacement or refund. Otherwise, the suspension of the legal warranty period will be considered null and void.
The thirty (30) calendar day period does not apply when it is clearly demonstrated that the Product has been damaged in transit. In this case, the Customer must return the Product without delay and at the latest within three (3) calendar days.
Products must be returned to CHRONOPACK, at the Consumer's expense, in their original condition, including packaging, accessories and documentation, and always accompanied by the original invoice or valid proof of payment. Failure to do so will result in a proportional reduction of the refund.
The return of a Product is always at the Customer's risk. In all cases, we recommend a registered and insured return to avoid the risk of loss or theft. This return must be made within seven (7) calendar days of 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 Products ordered, situation permitting. Please note that we will only replace the Product with the same item of the same size, subject to available inventory. If the Product cannot be repaired or if the same Product is not available, the Customer will receive a voucher equal to the amount of the original 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 communicate this reason in a clear and motivated manner. All compensation and reimbursement shall in no case exceed the amount invoiced to the Customer.
If the Products have been returned when the conditions were not met, CHRONOPACK will send them back to the Customer. The cost of such shipment shall be borne by the Customer. CHRONOPACK may store the returned Products on behalf of and at the risk of the Customer until the return costs have been paid.
11. Intellectual Property
The use of our Web Site and its contents does not give you any intellectual property rights over them, including the CHRONOPACKsoftware and all HTML and other codes contained in the site. Intellectual property rights" means copyright, design rights, trademark rights and all other intellectual property rights and other material rights in the content of the Site. All content, including third-party trademarks, designs and intellectual property rights cited or displayed on the Website are protected by intellectual property and national laws and other international treaty provisions. You may use content expressly authorized by CHRONOPACK and/or its third-party licensors. Any reproduction or redistribution of the content listed above is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of any of the items listed above to any other server, location or support for publication, reproduction or distribution is strictly prohibited. However, you are authorized to make one copy for the purpose of viewing the content for your own personal use.
In addition to the intellectual property rights mentioned above, "Content" is defined as any graphic, photograph, including any image, sound, music, video, audio or text on available on the Website. CHRONOPACK tries to ensure that the information on the Web Site 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 Web Site or the Content will be error-free, or that the Content or the server that makes it available will be free of viruses or other harmful components. We always recommend that Internet users ensure that they have up-to-date anti-virus software.
The personal opinions expressed by customers, designers, and brands whose products we sell, or by any other third party with whom we are associated, do not necessarily correspond to those of CHRONOPACK, and we bear no responsibility for such opinions expressed in the media or on our site.
All designs supplied and photos of printed products remain the property of CHRONOPACK and may be used for promotional purposes unless previously requested in writing by the customer.
12. Use of the Website
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services offered on the Website. You may not use this Web Site or any of its content for any commercial purpose, including but not limited to advertising or generating advertising revenue on your own web site.
You are personally responsible for your use of the Website and for all of your communications and activities on or in connection with the Website. If you are involved in prohibited activities, or activities that are disrespectful of other users or contrary to these Terms and Conditions, you may be temporarily or permanently denied access to the Website.
13. Third-party sites
On our Website, we may insert hyperlinks to other websites or resources operated by parties other than CHRONOPACK, including advertisers .CHRONOPACK has not reviewed all of the sites linked to its Website and is not responsible for the contents or accuracy of any such external sites or resources, or their availability .CHRONOPACK assumes no responsibility or liability, directly or indirectly, for the privacy practices or the content of such external sites, including (without limitation) any advertising, products or other materials or services available on or from such external sites or resources, nor for any damage, loss or injury caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on or from such external sites or resources.
14. Our relationship with you
The use of our Web Site does not create a joint venture, partnership, employment or agency relationship between you and CHRONOPACK. Under no circumstances may the Customer be considered a representative, agent or employee of CHRONOPACK. Consequently ,CHRONOPACK is not responsible for any representation, action or omission on your part.
15. 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 shall be deemed force majeure. In this case, CHRONOPACK is entitled to suspend its obligations for the duration of the force majeure.
16. 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 invoicing and warranty contracts. If this information is missing, the order will inevitably be cancelled. The provision of false or erroneous personal data is considered a breach of these General Terms and Conditions of Sale.
CHRONOPACK undertakes to comply with the regulations in force applicable to the processing of personal data and, in particular, Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 (RGPD) and the Belgian law of July 30, 2018.
17. Applicable law and competent courts
These General Terms and Conditions of Sale, our other policies and procedures are governed by and construed in accordance with Belgian law. The application of the Vienna Convention is expressly excluded.
All disputes arising out of or in connection with CHRONOPACK's offers or agreements shall be submitted to the courts of the judicial district of Liège.
Consumers also have the option of submitting their dispute concerning the General Terms and Conditions of Sale to an independent dispute resolution body.
For further information on this out-of-court settlement of disputes, we invite you to consult the following site:
https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.