General Conditions of Sale
1. Introduction
The general conditions of sale set out in detail below (henceforth referred to as the "General Conditions") exclusively govern the pre-contract and contractually-binding relationship between each User (henceforth referred to as a "User", or "You", or a "Consumer) of the www.the-emotion-company.com and www.theemotioncompany.com websites, and the trader known as The Emotion Company SPRL, registered with the Business Registry under No. 884.860.724 (VAT No. BE 0884 860 724) and having its head offices at Avenue des Volontaires, 19, 1190 Auderghem, with the email address service-client@tec-photo.com (hereinafter referred to as "TEC").
These general conditions of sale are in accordance with the law of July 14 1991 governing Commercial Practice and Consumer Information and Protection (hereinafter the "LPCC"), the law of March 11 2003 governing various legal aspects of information services (henceforth the "e-commerce law"), as well as articles 1649 a) to h) of the Civil Code concerning the legal guarantee of goods sold to consumers.
These general conditions of sale are the only conditions applicable, and replace all other conditions, notwithstanding any prior express waiver in writing.
TEC has the right at any time to amend certain provisions of these general conditions, which means that they must be read again prior to each visit to the www.the-emotion-company.com website (hereinafter referred to as the "website"). These amendments may be objected to as of the time they are published online, and may not be applied to contracts concluded previously.
Each purchase from the website shall be governed by the general conditions applicable on the date of placing the order. It is our position that by validating your order, you accept our general conditions of sale, having read them, without reservation. By accessing the site, you undertake to respect the General Conditions as well as the Conditions of Use shown there.
2. Placing an order and concluding a purchase contract
In order that you may place your order, we have made our website: www.the-emotion-company.com available to you round the clock, seven days a week.
The ordering procedure consists of nine successive steps. You must:
select your product;
identify the type of product you wish to personalise;
personalise your product using the online or off-line software offered by the website;
validate your album order;
examine the order summary page (entitled "Order summary") in order to ensure that it contains no errors;
confirm that you are familiar with the general conditions of sale and that you accept them by ticking the box provided for that purpose on the "Order Summary" page;
select your payment method;
once your have selected your payment mode, proceed to make the payment for your order, which will render the contract of sale between you and TEC firm and binding;
within 24 hours, you will receive an email acknowledgement of receipt containing the summary of your order.
Payment for your order renders the contract of sale between you and TEC firm and binding.
The general conditions of sale in force at the time of validating the contract of sale are stored by The Emotion Company and in the event that they change over time, the corresponding version is accessible on request by emailing service-client@tec-photo.com
3. Product Information
TEC takes the utmost care in placing online information relating to the key characteristics of the products mainly by means of technical descriptions provided by its partners and suppliers and with photographs illustrating the products. It undertakes these actions in accordance with technical limitations and in compliance with the highest standards of the market. Photographs representing the products are not contractually binding.
4. Prices
Sale prices shown on the website are in Euros and include all taxes but exclude delivery costs.
The User will be informed of any delivery costs depending on his/her choice of products and these will be included in the invoice at the end of the order as an addition to the price of the products selected.
You will note that in the European Union the prices are shown in Euros on the website but also in the currency of the country of the reference language (selected from the connection page or available by automatic access) simply for information purposes. The price to be paid is in Euros and is automatically shown in a clear fashion before order confirmation.
Offers and prices are valid for the period shown on our website.
We reserve the right to amend our prices at any time, but we promise to apply the rates in force which will have been stated on the website at the time you place your order.
5. Processing of the order – availability
The parties shall agree that the User's orders shall be honoured within the deadlines stated for each type of product. These deadlines are displayed on the page relating to the products. Deadlines start from the day after the placing of the order by the User.
In the event one of the products ordered is not available within the deadline shown, we undertake to communicate with you by email within 5 days starting from the date of your order to inform you within what period of time, where appropriate, this product may be delivered to you. The User shall then be allowed a period of 48 hours to indicate his or her disagreement with the new deadline proposed. In this case, TEC undertakes to repay to the User the portion of the order relating to the unavailable product(s) within 30 days. If the User does not express disagreement within the abovementioned period of time, this shall be construed as a tacit agreement as to the new delivery deadline.
If in the final analysis the product ordered cannot be delivered, you will be informed as quickly as possible, but you shall under no circumstances have the right to claim damages and interest of any kind whatsoever.
If some of the products ordered are temporarily unavailable, we undertake to send you the products which are available and offer you free delivery for the remainder of the order.
6. Delivery times and methods
The products purchased from this website are delivered in the countries of the European Union listed on the website and in the French Overseas Departments and Territories. Your order will be delivered to the address you gave when placing your order.
When the item is available within the deadline shown, the estimated delivery date is arrived at by totalling the following two items:
1. The 5 working days delivery period: checking the accuracy of your data supplied when accepting your payment (see Article 8, para. For Your Information) + preparing your order + the collection of you package(s) by the delivery service;
2. The delivery time for your package by the delivery methods chosen by you (standard, express), according to the methods available on the date of your order.
TEC offers you a variety of delivery methods:
- Express Delivery (24 to 48hrs): available soon
Choosing this delivery method means that you may receive your package in under 24hrs after production, via Chronopost or any other Express Delivery service provider.
The cost of this option depends on the items selected.
- Standard delivery, 7 working days
Choosing this delivery method means you will receive your package within 7 working days (not contractually binding) via the postal services of the destination country.
The cost of this delivery method depends on the item selected.
Your package will be delivered to your home, no signature required, or to your mailbox should you be absent, or to the post office if the size of the package requires it. Packages will be kept for 15 calendar days (notwithstanding contrary provisions in the destination country).
TEC shall do everything in its power to meet the deadlines stated at the time your order is registered.
Should a package not be delivered within the deadline indicated, the delivery service will be investigated, which may take several days (e.g. for France: 21 days for postal delivery, 15 days for Chronopost).
You will be informed of the latest delivery date for your order in your "order summary".
Should delivery be delayed for over 7 days in excess of the stated delivery date, and in the absence of a force majeure situation, you shall have the right to cancel your order by registered letter with acknowledgement of receipt, or by email. In this case, we undertake to repay to you the sums laid out within a period of 30 days counting from the date of the receipt of your claim.
7. Payment methods
TEC offers you a number of payment methods:
Payment by credit card (CB, Visa or MasterCard): payment is taken when your order is sent provided we have received authorisation to debit your account from the relevant payment centre. Without authorisation, your order cannot be processed.
Online payment by credit card is undertaken via the security "Secure Socket Layer" system which encrypts your bank details when they are sent via the internet.
Payment by gift code: in the case of a commercial operation undertaken by Hexim or one of its partners, promotional codes which are the equivalent of the sums paid are issued. These codes can be used to pay for an order in whole or in part.
Should an order be placed for a sum lower than the value of the gift codes, the difference will not be reimbursed. Should an order be cancelled or stock be exhausted necessitating a refund, the latter can only carried out by crediting your customer account with The Emotion Company.
Settlement by Prepaid Box code : TEC markets some of its products in the form of the Prepaid Box at physical points of sale. This procedure consists of the prepayment for a TEC product in exchange for a voucher code or an equivalent sum in cash. These codes can be used to pay for an order in whole or in part.
In the case of an order for a sum lower than the value of the Prepaid Box codes, the difference cannot be reimbursed, but will be settled by crediting it to your customer account with The Emotion Company. Should an order be cancelled or stock be exhausted necessitating a repayment, the latter can only carried out by crediting your customer account with The Emotion Company.
In accordance with our commitment to payment security, we hereby inform you that TEC reserves the right to verify the accuracy of the information received at the time of the registration of an order.
This procedure is part of our determination to combat fraud carried out via payments made on the internet and hence to protect consumers.
As a consequence, our fraud prevention service may in some cases request you to provide additional information (such as the copy of an identity document, proof of address, etc) in order to validate your purchase and hence deliver your package.
In this case, in order to ensure that your package is delivered within the stated timeframe, we recommend that you provide us with a landline telephone number where you can be easily contacted, and to confirm the information received, or to send off the documentation requested within 24 hours.
8. Cancellation right
The consumer does not have the right to cancel the purchase, as laid down in the law of July 14 1991 governing Practices of Commerce and Consumer Information and Protection.
The situation is that all the Products marketed by TEC comprise:
- Either the provision of services regarding which execution began, with the agreement of the consumer, before the end of the seven working day cooling-off period;
- Or the supply of products made up according to the specifications of the consumer, or clearly personalised.
9. Checks to be performed by the purchaser upon delivery
Upon receipt of his order, the purchaser should examine the products and inform us, as soon as possible, of any visible defects or discrepancies in respect of the specifications in the contract, that is, any faults which can be identified by careful and deliberate inspection.
Customer services should be informed of any defect without delay and at the latest within 24 hours of delivery of the product.
TEC cannot be held liable for any damage resulting from a visible defect affecting the products delivered, if it was not informed by email or a telephone call to customer services within the stated period, of the nature of the defect.
10. Guarantee required by law
10.1. Extent of the guarantee
All the products we sell are covered by the compliance guarantee required by law and the guarantee covering hidden defects, under the conditions laid down in articles 1649 a) to h) of the Civil Code.
It is the vendor's responsibility to supply the purchaser with goods in compliance with the contract.
The consumer merchandise delivered by the vendor to the consumer shall be deemed compliant with the contract only if:
- It matches the description provided by the vendor and possesses the qualities with which the vendor has provided the consumer in the form of a sample or model;
- It is fit for all special purposes sought by the consumer, of which he has informed the vendor at the time of concluding the contract and which the vendor has accepted;
- It is fit for the purposes to which merchandise of this type is usually put;
- It displays the normal quality and characteristics of an article of the same type which the consumer may reasonably expect, with regard to the nature of the article, and where appropriate, in accordance with the public statements made regarding the actual characteristics of the article by the vendor, by the manufacturer or by his or her representative, particularly in advertising or on labelling.
Non-compliance shall be deemed not to exist if, at the time of concluding the contract, the consumer was aware of the defect or could not reasonably have been unaware of it, or if the non-compliance arises from materials supplied by the consumer.
The legally-required guarantee shall not apply, or shall apply only in part, to compensation for damages arising from a cause external to the product (for example, accident, blow, moisture, etc), or which are the fault of the customer, arising, for example, from usage or treatment not complying with the manufacturer’s instructions, or use which is detrimental to the satisfactory preservation of the product.
10.2. Guarantee period
The vendor shall be liable to the consumer for all non-compliance in existence at the time of the delivery of the item and which shall appear within two years starting from the date of delivery.
This two-year period shall be suspended for the time needed to repaid or replace the item, or for the period of negotiations between the vendor and the consumer with a view to reaching an amicable settlement.
The vendor and the consumer shall agree, however, that the consumer must inform the vendor of any non-compliance, and that he or she must do so within two months starting from the date the consumer noticed the fault .
Notwithstanding the legally-required guarantees applicable, we recommend that the following reservations be dealt with as quickly as possible:
The consumer's action is required within a period of one year starting from the date he noticed the non-compliance, as otherwise this deadline may expire before the termination of the abovementioned two-year period. Failure to abide by this obligation shall result in the loss of the rights of the consumer.
10.3. Compensation systems
The consumer shall initially have the right to demand that the vendor repair or replace the item, in both cases at no expense (the expenses involved being those incurred in restoring the article to its original condition, and in particular the expenses arising from delivery, work carried out and materials), unless this is impossible or disproportionate.
Compensation shall be deemed disproportionate if the vendor is required to bear costs which, in comparison with another system, are unreasonable, in consideration of:
- The value he would have gained from the article if no non-compliance fault had been present;
- The degree of the significance of the non-compliance;
- The matter of knowing whether another compensation system could be implemented without greater inconvenience on the part of the consumer.
The consumer has the right to require that the vendor appropriately reduce the price, or cancel the contract:
- If he has no right to have the article repaired or replaced, or
- If the vendor shall have failed to carry out the repair or the replacement within a reasonable period of time.
The consumer shall not have the right to demand that the contract be cancelled if the non-compliance is minor.
Any repayment shall be reduced to take account of the use the consumer shall have made of the item since its delivery.
Any increase in the damage resulting from the use of the item by the consumer after the time he noticed the non-conformity, or ought to have noticed it, shall likewise be factored in.
Finally, in the case of a fault for which TEC is in no way responsible, TEC shall have the right to choose whether to repair or replace the faulty part of the product, without being required to pay compensation for the damages.
11. Ret urning the item
The cost of sending the article or articles shall by borne by the customer.
However, if the compliance guarantee is applicable to the product(s) returned, all the expenses associated with this consignment shall be reimbursed to the customer. In the case of all package returns, you should return them to us by post (or any other carrier guaranteeing package tracking).
Postage and package costs involved shall be initially borne by the customer except in the case of the non-compliance of the product.
Whatever the problem affecting your item may be, it is absolutely essential that you attach a copy of the invoice and the return docket to the faulty product.
12. Liability
TEC cannot be held liable for the non-execution of a contract concluded either because of force majeure, as defined by the courts, or in the case of a fault on the part of the customer, or of an unforeseeable and insurmountable fault on the part of a third party to the contract. We should remind you that it is a good idea to save the data contained in the products purchased. TEC cannot be held liable for the consequences arising from the incorrect use of the products sold on the website.
Although products are suitable for professional use, it is not the business of TEC to sell to professionals through its website.
13. Promotional codes
These may be offered in the press or by our various partners. The use of these codes is subject to certain conditions, as well as the additional conditions which, where appropriate, are mentioned on the docket:
- Codes are valid only on the products specified on our website. A code can be used only once per person and is not reimbursable. Promotional codes cannot be accumulated.
- In order to receive the reduction deriving from the codes, it is essential to quote them when placing an order by entering them in the box provided when placing the order on our website. Should you forget to do so, we can neither cancel the order nor renew it so as to take account of this promotion.
- The promotional codes are valid only for the periods shown on the docket or on our website and are applicable to the total amount, all taxes included.
14. User notices
TEC offers users the option to publish on its website their notices on the products and services purchased from the website. TEC is only the host of such a notice: it does not automatically monitor these notices and can in no way be held liable regarding such notices.
TEC also reserves the right, should it identify a notice which it deems illicit or inappropriate (bad publicity, defamatory remarks, insults, comments which are out of context, incorrect or deceptive, etc.) to refuse, purely and simply, to publish the notice in question or to amend the notice. Under no circumstances can TEC be required to publish a notice it deems illicit or inappropriate.
15. Protection of personal data
Since the information you send us is essential for us to process and deliver your orders, to make out invoices and, in general, to manage the contractual relationship, the absence thereof will result in the cancellation of your order. When you register on the website, you are undertaking to provide us with true and exact information concerning yourself. The communication of false information is contrary to these general conditions and to the conditions of use shown in the website.
In accordance with the Belgian law of December 8 1992 governing the protection of privacy in respect of the processing of data of a personal nature, the processing of your information has formed the subject of a declaration before the Commission for the Protection of Privacy, under receipt No. [****].
These data are processed by computer.
You have the right, at no charge, to access and correct all the data concerning yourself, as laid down in European law and in the Belgian provisions in force (article 9 of the law of December 8 1992 governing the protection of privacy in respect of the processing of data of a personal nature). You may at any time lodge a request with TEC to find out what is the nature of the information TEC possesses regarding yourself.
If you are in agreement at the time of your identification on the website, TEC and its contractual partners may send you information as part of specific promotional operations from time to time, in the form of promotional emails offering you new lines, restocking offers, exclusive items and business opportunities. You have the right at any time to cease to receive emails from us by clicking here or on the link provided for that purpose and included at the foot of the page of any of the emails which we or our partners may send you.
We should also inform you that cookies record certain information which is stored in the memory on your hard drive. This information is used by us to generate website audience statistics and to offer you products according to the type of items you have purchased on previous visits. Depending on the type of browser you use, a warning message may ask you, in advance, if you are willing to accept the cookies, which you can, of course, refuse. You should remember, however, that such a refusal may, depending on the case, render some of the website functions unusable.
These cookies contain no confidential information about you.
16. Intellectual ownership
The content of the TEC website (illustrations, text, wording, brands, images, videos) in its entirety is the property of TEC, or of its joint contractors or partners. The reproduction in whole or in part of the content by any process whatsoever and on any support whatsoever shall be subject to prior express authorisation by TEC.
All the information, content, files and software offered by us are protected by intellectual property rights (such as copyright or brand protection) recognised by Belgian law and international agreements.
TEC can grant you a limited and non-exclusive licence to access and use the website solely for your personal and non-commercial use. You may not download (other than by a cache system), nor reproduce (other than by printing a single copy), nor modify the website or the content thereof, in whole or in part. Under no circumstances may you reproduce, imitate, copy, sell, retail, visit or make use in any way of the website or a part of the website for commercial purposes, unless you have obtained the TEC’s prior written consent. TEC can under no circumstances be held liable for any breach on the part of a User of the intellectual property rights held by third parties and perpetrated by activities performed by the latter on the website or by virtue of his access to the website.
17. Ad dress
Complaints regarding products ordered may be addressed:
- Either by post to the following address: TEC, Service Client, 8 Rue des Lutins, 1190 Forest, Belgium;
- Or by email via the contact form.
Likewise, products returned in accordance with these general conditions, must be returned to this address.
18. Disputes
All agreements reached with TEC including these general conditions are exclusively covered by the laws of Belgium. Pursuant to article 6 of the United Nations Convention on international agreements concerning the sale of goods of April 11 1980, the application of this treaty is expressly excluded.
All disputes concerning the cancellation, execution or interpretation of these general conditions, the agreement between TEC and the User, including deliveries, shall come under the sold jurisdiction of the courts and tribunals of the Brussels court district.
| right of withdrawal The consumer has no right to cancel the purchase, pursuant to the law of July 14 1991 governing Commercial Practice and Consumer Information and Protection . All the Products marketed by TEC comprise: - either the provision of services regarding which execution began, with the agreement of the consumer, before the end of the seven working day cooling-off period; - or the supply of products made up according to the specifications of the consumer, or clearly personalised. |
