General terms and conditions of sale

Article 1 – Definitions

In the following we will refer to :

  • ‘Site’: the www.potagez.be site and all its pages.
  • ‘Products’: all (tangible) products and (intangible) services that can be purchased or subscribed to on the site.
  • ‘Publisher’ / ‘Seller’: Les Notes de mon Jardin sprl, seller of the products, responsible for the publication and content of the site.
  • ‘User’: The Internet user visiting and using the site.
  • ‘Customer’: The Internet user purchasing a product or service on the site.
  • ‘Consumer’: a user who places an order on the site in a non-professional capacity.
  • ‘Professional Customer’: The Customer purchasing a product on the site with a view to reselling the product to another Consumer.

Article 2 – Purpose of the site and rules of use

This site offers physical food products for sale online.

The site is freely accessible to all Internet users. The purchase of a good or service, or the creation of a member space, or more generally browsing the site, implies acceptance by the Internet user of all of these general terms and conditions, who thereby acknowledges that he or she is fully aware of them. This acceptance may consist, for example, of the Internet user ticking the box corresponding to the sentence accepting these general terms and conditions. Ticking this box will be deemed to have the same value as a handwritten signature by the Internet user.

Acceptance of these terms and conditions implies that users have the legal capacity to do so. If the user is a minor or does not have this legal capacity, they declare that they have the authorisation of a guardian, curator or their legal representative.

The Internet user recognises the value of the automatic recording systems of the Editor of the present site as proof and, unless he/she can prove otherwise, waives the right to contest them in the event of a dispute.

Article 3 – Geographical and linguistic restrictions on use

Use of the site’s services is restricted to Belgium.

The service is available in French and Dutch.

Article 4 – Use of cookies

A “Cookie” identifies the user of a site, customises their visit to the site and speeds up the display of the site by recording a data file on their computer.

The site is likely to use “Cookies” mainly for :

1) to obtain browsing statistics in order to improve the User’s experience, and

2) provide access to a member’s account and to content that cannot be accessed without logging in.

The User acknowledges that he/she has been informed of this practice and authorises the site editor to use it. The publisher undertakes never to communicate the content of these “Cookies” to third parties, except in the event of legal requisition. Users may refuse to accept cookies or configure their browser to warn them before accepting cookies. To do this, the User must configure their browser settings.

However, by blocking cookies, it is possible that certain site functions will no longer be correctly provided from a technical point of view (in particular the management of member accounts).

A data processing charter is published on this site.

Article 5 – Intellectual property rights relating to items published on this site

All elements of this site belong to the Editor or to a third party authorised by the Editor, or are used by the Editor on the site with the authorisation of their owner. Any copy of the logos, textual, pictorial or video content, without this list being limitative, is strictly prohibited and is tantamount to counterfeiting. Any member found guilty of counterfeiting may have his or her account deleted without notice or compensation and without this deletion constituting damage, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Editor of this site or his or her agent.

This website uses elements (images, photographs, content) for which the Publisher is responsible, unless explicitly stated otherwise.

The trademarks and logos contained on the site are registered by the Publisher, or possibly by one of its partners. Any person making such representations, reproductions, imbrications, broadcasts or rebroadcasts shall be liable to the penalties provided for by law.

The creation of hyperlinks to the home page of the site or to any other page in its entirety (surface linking) is authorised without prior request. On the other hand, the use of any technique aimed at including all or part of the site in another site, masking even partially the exact origin of the information or leading to confusion as to the origin of the information, such as framing or in-lining, requires the prior written authorisation of the Publisher.

Article 6 – Exemption from the Publisher’s liability in the performance of this contract

Should access to the site be impossible due to technical problems or any other reason, the user will not be entitled to claim any damages or compensation.

The unavailability of one or more products, even for a prolonged period and without any time limit, shall not constitute a prejudice for Internet users and shall in no way give rise to the awarding of damages by the Site or its Publisher.

The hypertext links on this site may lead to other Internet sites and the Editor of this site may not be held liable if the content of these sites contravenes current legislation. Likewise, the publisher of this site may not be held liable if the Internet user’s visit to one of these sites causes him or her harm.

Article 7 – Limitation of liability

The Website Editor may not be held liable for any damage resulting from the use of the Internet network, such as loss of data, intrusion, viruses, disruption of the website service or other.

The Vendor – Website Editor, particularly in the online sales process, is only bound by an obligation of means.

The Vendor – Publisher may not be held liable for non-performance of the contract entered into, due to the occurrence of an event of force majeure (e.g. unforeseen damage to equipment, fire or damage to installations and production equipment, interruption of energy sources and, in general, any unforeseen circumstances concerning the persons and equipment which the Seller needs in order to perform its obligations and which are of such a nature as to make performance of the contract impossible or simply more onerous).

With regard to the products purchased, the Publisher shall not be held liable for any indirect damage, operating loss, loss of profit, damage or costs that may arise as a result of the present contract. The choice and purchase of a product are the sole responsibility of the customer. The total or partial impossibility of using the products, particularly for reasons of incompatibility (e.g. diet, medical restrictions), may not give rise to any compensation, reimbursement or liability on the part of the publisher, except in the case of a proven hidden defect or non-conformity.

If a Customer has requested the delivery of an order, and in the event of non-receipt of this order or part of an order within the announced deadline, the Customer has 24 hours, from the scheduled delivery deadline, in which to manifest himself/herself in order to unilaterally cancel the order. After this deadline, no claims will be accepted.

Users expressly acknowledge that they use the site at their own risk and under their sole responsibility. The site provides the user with information on an indicative basis, with imperfections, errors, omissions, inaccuracies and other ambivalences likely to exist. In any event, the Publisher may not be held liable under any circumstances:

  • any direct or indirect damage, in particular with regard to loss of profits, loss of earnings, loss of customers or loss of data, which may result from the use of the site or, on the contrary, from the impossibility of using it;
  • malfunction, unavailability of access, misuse or incorrect configuration of the user’s computer, or use by the user of an infrequently used browser;
  • the content of advertisements and other links or external sources accessible by the user from the site.

Article 8 – Characteristics of products and services offered & Customer service

The products offered are those shown in the catalogue published on the site. These products are offered while stocks last or while it is technically feasible to produce them in the time available. Certain products shown on the site are not offered for sale via the site. These products, which are available at the point of sale while stocks last, are indicated with an appropriate pictogram. Each product is accompanied by a description drawn up by the Publisher.

As a perfect similarity with the physical products cannot be guaranteed, the photographs and visuals of the products presented on the site are not contractually binding. As this is a home-made product, the user’s attention is particularly drawn to the fact that the products are not produced automatically, as well as to the user’s screen adjustment parameters (in particular resolution, contrast, colour intensity and saturation), which may result in a significant visual difference between the screen display and the manufactured product. The publisher of this site cannot therefore be held responsible if the characteristics of the objects differ from the visuals on the site or if the latter are incorrect or incomplete.

Customer service: this site’s customer service can be reached by e-mail at info@notesdemonjardin.be or by post at the address indicated in the legal notice, in which case the publisher undertakes to provide a response within 5 working days.

Article 9 – Tariffs

Unless otherwise stated, the prices shown in the catalogue are in Euros, inclusive of all taxes, taking into account the VAT applicable on the day of the order.

The Vendor reserves the right to pass on any change in the VAT rate to the price of the products or services. The Editor also reserves the right to change its prices at any time. However, the price shown in the catalogue on the day of the order will be the only price applicable to the customer.

Article 10 – Member area (account)

Users who have registered on the site (members) can access it by logging in using their identification details (e-mail address defined when they registered and password), using the identification cookie, or possibly by using systems such as third-party social networking connection buttons. Users are entirely responsible for protecting the password they have chosen. They are encouraged to use complex passwords. If you forget your password, you can generate a new one. This password guarantees the confidentiality of the information contained in the “my account” section and the user is therefore prohibited from passing it on or communicating it to a third party. Failing this, the Site Editor cannot be held responsible for unauthorised access to a user’s account.

The creation of a personal space is a prerequisite for any order on this site. To this end, the member will be asked to provide a certain amount of personal information. The member undertakes to provide accurate information.

Data is collected for the purpose of creating a “member account”. In addition to managing the order, this account will enable the customer member to consult their order history on the site. If the data contained in the member account section were to disappear as a result of a technical failure or a case of force majeure, the site and its Publisher could not be held liable, as this information has no evidential value but is for information purposes only. Pages relating to member accounts may be freely printed by the holder of the account in question but in no way constitute proof; they are for information purposes only and are intended to ensure efficient management of orders by the member.

The Editor reserves the exclusive right to delete the account of any member who has contravened these general terms and conditions (in particular, but without this example being exhaustive, where the member has knowingly provided incorrect information when registering and setting up their personal space, or where the customer has placed an order with collection and payment in the sales outlet, but has not honoured the order) or any account that has been inactive for at least one year. Such deletion shall not constitute a loss for the excluded member, who shall not be entitled to claim any compensation as a result. This exclusion is not exclusive of the possibility for the Publisher to take legal action against the member, where the facts justify such action.

Article 11 – Closing an account

Each user is free to close their member space (account) on the site. To do this, the member must send an e-mail to the Editor indicating that he wishes to delete his account. It will then be impossible to recover the data.

Article 12 – How to place an order and description of the purchasing process

The term “Shopping Cart” will be defined below as the immaterial object grouping together all the goods or services selected by the user of the site with a view to a purchase, having selected these objects.

Main stages in the online purchasing process on the site :

  • Before being able to place a product in their Basket, Internet users must specify whether they wish to have their purchase delivered or collect it from the Tubize counter. It must also specify the delivery address and the date and time slot for collection.
  • Once the Internet user considers that they have added all the items they wish to purchase to their basket, they will be able to validate their order by accessing their basket by clicking on the button provided for this purpose.
  • They will then be redirected to a summary page on which they can review the number and characteristics of the products ordered, as well as their unit price and any delivery charges.
  • If they wish to validate their order, Internet users must access their member area (using their user name and password) or, if they do not already have one, create an account, which requires them to fill in an online form with a certain amount of personal data necessary for the order to be processed correctly, and to choose a user name and password.
  • Once the Internet user has completed this form, he or she will then be invited, where appropriate, to provide delivery details and choose a payment method. – The customer must then tick the box indicating ratification of these general terms and conditions of sale and click on the “validate order and pay” button.
  • From this point onwards, the contract will be drawn up and the Internet user must :
    • for over-the-counter withdrawals: make your payment using one of the payment methods listed in the section of these general terms and conditions relating to payments.
    • in the case of delivery: make your payment using one of the payment methods listed in the section of these terms and conditions relating to payments.
  • After a few moments, an e-mail confirming receipt of the order will be sent to the Internet user, reminding them of the contents of the order and its price.

Article 13 – Payment information

Internet users can place orders on this site and pay by debit or credit card. There are no additional charges for online payment.

Credit card payments are made using secure transactions provided by an online payment platform provider. This site does not have access to any data relating to the user’s means of payment. Payment is made directly to the bank or payment service provider receiving the Customer’s payment.

Article 14 – Delivery or availability

The Vendor endeavours to ensure that any unavailability is mentioned on the description sheet of the products displayed, depending on the delivery zone / sales workshop chosen.

Deliveries may be made in the delivery zones and at the times described in the ‘Delivery zones’ section. Delivery costs may vary depending on the delivery zone chosen by the Internet user and the volume of products.

Article 15 – Non-application of the right of withdrawal

The Site offers the sale of rapidly perishable food products, for which the right of withdrawal of Consumer Customers does not apply.

Article 16 – Guarantee for products purchased by a Consumer on this site

All items purchased by a Consumer on this site are covered by the following legal guarantees:

  • Guarantee for all consumer customers
    The vendor is obliged to deliver goods that conform to the contract and to be liable for any lack of conformity that exists when the goods are delivered. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the product, and the seller shall be liable for any defect of conformity that becomes visible during the period in which the products are kept, up to a maximum of 48 hours from this period.

Complaints must be made as soon as possible after finding a faulty or non-compliant product, by post or by e-mail to the addresses given in the site’s legal notice. The customer must provide a detailed description of the problem in question, enclosing all the information needed to properly assess the validity of the complaint (e.g. by providing photos). Once the complaint has been validated, the seller will reimburse all or part of the order.

Article 17 – Communication – Archiving

Exchanges between the e-mail address provided by the User and info@notesdemonjardin.be are deemed to be reliable writings, unless proven otherwise.

The computerised registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.

The Editor will archive order forms and invoices on a reliable and durable medium constituting a true copy in accordance with the legal provisions in force in Belgium.

Article 18 – Notifications

Any notification or notice concerning these general terms and conditions, the legal notices or the personal data charter must be made in writing and must be delivered by hand, by registered or certified mail, by post from a courier service recognised at European level which allows its packages to be tracked regularly, or by e-mail to the addresses indicated in the site’s legal notices, specifying your surname, first names, contact details and the subject of the notice.

Article 19 – Complaints

Any claim relating to the use of the website, the service offered on this site, or any other linked service, the pages of the site on any social networks or the general terms and conditions, legal notice or personal data charter must be filed within 365 days of the day on which the problem giving rise to the claim arose, regardless of any law or rule of law to the contrary. In the event that such a claim has not been lodged within the following 365 days, such claim will be forever inapplicable in court.

Article 20 – Inaccuracies

It is possible that, to a limited extent, the website and the services offered may contain inaccuracies or errors, or information that does not comply with the general terms and conditions, the legal notice or the personal data charter. Furthermore, it is possible that unauthorised modifications may be made by third parties on the site or on related services (social networks, etc.). We are doing everything we can to ensure that such discrepancies are rectified.

Should we miss such a situation, please contact us by post or by e-mail at the addresses given in the site’s legal notices with, if possible, a description of the error and the location (URL), as well as sufficient information to enable us to contact you. For requests relating to copyright, please refer to the section on intellectual property.

Article 21 – Terms and conditions

If any provision of the Terms and Conditions is found to be unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These conditions describe the entire agreement between the user and the website. They supersede all prior or contemporaneous written or oral agreements. The general terms and conditions are not assignable, transferable or sub-licensable by the user himself.

A printed version of the Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these general terms and conditions must be drafted in the French language.