These general terms and conditions aim to regulate the contractual relationship between the customer and the SRL Awenstev, with its registered office located at 7322 Ville-Pommeroeul, Chemin du Bosquet No. 2, and registered with the Crossroads Bank for Enterprises under number 0822.038.772;
Hereinafter referred to as the "Company";
By "Customer", any person, individual, or company, using the services or purchasing products from the Company.
Article 1 - General
§1. These general terms and conditions aim to regulate the contractual relationship between the Customer and the Company
§2. The Company operates an online store hosted on the website www.squirailes-creation.com (hereinafter, the "Site")
§3. The Company offers personalized photo products, photo prints, personalized photo decorations, calendars, agendas, frames, photo projects, and decorations for online purchase
§4. These general terms and conditions apply to any purchase made by the Customer on the Site. They apply to sales made both in Belgium and abroad through the Site and cover the entire contractual relationship between the Company and the Customer, from placing the order to payment and delivery
§5. These general terms and conditions take precedence over any other general or specific conditions. They may be modified at any time by the Company. In this case, the Company undertakes to inform the Customer, and the modified general terms and conditions will automatically apply to any subsequent online purchases made by the Customer on the Site.
Article 2 – Online Purchase Procedure
§1. The operation of the Site is as follows: 1. The Customer connects to the Company's website and selects items to add to their shopping cart, indicating their intention to place an order. 2. After selecting items, the Customer provides delivery and billing information and accepts the general terms and conditions. The total amount of the order, including all taxes and shipping costs, is indicated. 3. After receiving a complete summary of the order, the Customer confirms their intention to proceed to the payment stage. 4. For purchases of non-customized products, the Company provides payment information (account number, reference, amount, etc.) by email for payment. The Company also provides the Customer with a QR code for payment. 5. For purchases of custom photo or decoration products, the Company contacts the Customer to provide a detailed quote in accordance with Article 6 §2. 6. The Customer receives an email confirming the transaction, which can be printed and kept as proof. 7. The Company carries out after-sales processing and sends the package to the Customer in accordance with these general terms and conditions. Any modification requested by the Customer will result in a modification of the order confirmation and, if applicable, the total cost. In any case, products placed in a shopping cart or ordered online remain the property of the Company until full payment is received.
§2. The Customer is solely responsible for their contact details. They are required to update these details on the Site, for example in the case of a new email address, to ensure the successful completion of step 6.
§3. The prices listed on the Site are valid on the date of consultation and are subject to change. The final price is communicated to the Customer at the time of confirmation of the sale on the Site.
§4. The Site has been created with the utmost care. It is intended to showcase the products offered by the Company. The information provided on the Site may change. The Customer is therefore advised to verify the information they have prior to making contact. In no event is the Company contractually bound by information provided on the Site.
Article 3 – Customer Agreement and Contractual Documents
By confirming their order, the Customer signifies their intention to conclude a purchase contract subject to these general terms and conditions. They also certify that all data provided about them is correct and valid. The Company cannot be held responsible for errors in this regard.
Article 4 – Discounts
Discounts or rebates may be granted to the Customer. If applicable, a specific code may be entered on the Site. These discounts or rebates do not constitute a right on the part of the Customer. They are granted based on the professional relationship between the Company and the Customer and/or the quantities of products ordered. These discounts or rebates are strictly linked to the relevant order and cannot under any circumstances be generalized.
Article 5 – Order Cancellation by the Company
§1. In the event of cancellation of an order by the Company for reasons beyond its control (e.g., discontinuation of an ordered product, supplier bankruptcy, etc.), the Company undertakes to offer equivalent products to the Customer. The Customer is free to accept or refuse.
§2. The Company reserves the right to cancel or refuse an order that goes against public order and good morals.
Article 6 – Implementation Specifics
§1. In any case, the Client agrees: (i) to provide the Company with the necessary information and documents for the proper implementation of the Products purchased on the Website (measurements, size, etc.); (ii) to accept the delegation of all or part of the production of the Products to third parties under the contract governed by these general conditions.
§2. For certain custom photo or decoration projects, the Client will be contacted by the Company to provide a detailed estimate.
§3. Our online offer is presented with the utmost care. The Company provides information about the characteristics of the Products and photographs illustrating the Products. The Company provides this information within the limits permitted by technical resources. The images displayed on our Website are an approximate representation of the substantial characteristics of our Products. The company strives to ensure that the colors of the Products, as displayed on our Website, match reality. However, the Company cannot guarantee that the display on your screen will perfectly match the colors of our items, as computer screens may vary.
Article 7 – Production Deadlines
§1. The Company indicates on the Website and on the order summary the Products requiring a production deadline. This deadline is mentioned for informational purposes only and may be extended for reasons beyond the control of the Company (e.g. illness, accident, force majeure, technical and/or computer problems).
§2. In the event, the Company is in no way liable to the Client for any payment to compensate for the delay. l
§3. Any delay attributable to the Client will result in an extension of the production deadlines.
Article 8 – Delivery Deadlines and Methods
§1. The purchase confirmation indicates a delivery deadline. This deadline is mentioned for informational purposes. In the event of delivery after this date, the Client does not have the option to consider the sale null and void.
§2. The Company reserves the right not to make deliveries during certain periods. The Company undertakes to inform its customers in advance. The Company will deliver orders placed as soon as the activity resumes.
§3. The delivery deadline does not bind the Company insofar as delivery is provided by a third-party carrier. Therefore, the Company is not responsible in any way for delays in delivery due to reasons attributable to the relevant carrier or third parties. The Company's liability cannot be invoked when it is not responsible for the delivery itself. Therefore, the risks associated with the carrier are solely the responsibility of the latter, starting from the moment the products to be delivered are handed over to them. In the event of damage to the ordered goods that is due to transport and for reasons not attributable to the Company, it may agree to replace the Customer's Order, in agreement with the Customer. The replacement deadlines are the same as the initial delivery deadlines for the order. A flat fee covering delivery costs is added to the order amount.
§4. Upon receipt of the order, the Customer is required to check it before the departure of the delivery person or upon taking possession. Any defects must be immediately reported to the delivery person and the order must be refused. Rejected products are returned to the Company, which will examine whether its liability can be engaged and, if necessary, proceed with the shipment of a new order.
§5. When the Customer picks up the Order in person from the Company, the transport-related risks are the responsibility of the Customer from the moment of possession of the Order.
Article 9 – Right of Withdrawal
§1. The Client, subject to the law relating to consumer protection integrated into the Economic Law Code, has a withdrawal period of 14 days. This right of withdrawal must be exercised within the framework of articles VI.47 and VI.53 of the Economic Law Code and is therefore only applicable subject to the following conditions :
- the order meets the criteria of "distance selling," i.e., a sale made on the website of the online store www.squirailes-creation.com, and for which the company has not met the Client in person to show them the work or item following their order;
- the order does not involve a "custom-made" item, i.e., one made by the Company to meet a specific and exclusive need of the Client.
§2. The Client is not authorized to exercise their right of withdrawal if the supply of goods is made to the Client's specifications or if they are clearly personalized.
§3. In addition to the above, this right of withdrawal can only be exercised if the ordered items have not been used or modified in any way and are in their original condition.
§4. This right of withdrawal allows the Client to return the items to the Company, at their own expense, either by themselves or by express mail. The Company undertakes to refund the returned items, provided that they have been returned in their original condition (original packaging) and subject to the application of §§2 and 3 of this article. After contacting the Company, the Client will have a period of 7 days to return the item(s) at their own expense in their original packaging. §5. If the right of withdrawal is exercised in accordance with the forms and conditions required by this article, the Company undertakes to reimburse the amount paid by the Client for the items as soon as possible, to the bank account provided by the Client. The Company only refunds the items and does not cover the return costs.
Article 10 Warranty
§1. New products sold are subject to a legal warranty of 2 years.
§2. The legal warranty covers only conformity defects that exist at the time of delivery of the products, excluding: (i) any direct or indirect damage caused to the product after delivery, (ii) replacement of elements or accessories requiring regular renewal, (iii) damage resulting from fire, water damage, lightning, accidents, or any other natural disaster; (iv) defects caused expressly or by negligence, poor maintenance, or abnormal use; (v) damage resulting from commercial, professional, or collective use.
§3. Non-compliance must be reported to the Company within 2 months of its discovery. Otherwise, the legal warranty no longer applies.
§4. The Company expressly informs the Client that custom creations may be unique or made at the express request of the Client. The qualities of these creations are such that non-conformities cannot be excluded in any case. By accepting the offer, the Client expressly declares that they are fully aware of this possibility and the potential existence of defects inherent in the type of services provided. No warranty is given to the Client in this context.
Article 11 - Best Efforts
The creations are custom-made based on the Client's requests. The Company is only bound by an obligation of means unless expressly stated otherwise. The Company undertakes to make every effort to fulfill the order in accordance with the Client's wishes. However, the Company is not obliged to implement means that are disproportionately large in relation to the objective to be achieved.
Article 12 – Intellectual Property
§1. The use of our Website and its content does not grant you any intellectual property rights to them, including the software of www.squirailes-creation.com and all HTML codes and other codes contained in the site. "Intellectual property rights" refer to copyright, design rights, trademark rights, and all other intellectual property rights and other material rights to the content of the site. Any content, including third-party trademarks, designs/models, and intellectual property rights mentioned or displayed on the Website are protected by intellectual property and national laws and other provisions of international treaties. You may use the content expressly authorized by www.squirailes-creation.com and/or its third-party licensors. Any reproduction or redistribution of the above-listed content is prohibited and may result in civil and criminal penalties. Without any restrictions from the foregoing, copying and using the above-listed elements to another server, location, or support for publication, reproduction, or distribution are strictly prohibited.
§2. In addition to the mentioned intellectual property rights above, the "Content" is defined as any graphics, photographs, including any image, sound, music, video, audio, or text available on the Website. The Company strives to ensure that the information present on the Website is accurate and complete. However, the Company cannot promise that the content will always be accurate and free from errors. The Company also cannot promise that the functional aspects of the Website or the content are error-free, or that the content or the server that makes it available is free of viruses or other harmful elements. We always recommend that internet users ensure that they have up-to-date antivirus software.
§3. The personal opinions expressed by customers, designers, and brands whose products we sell, or any other third party with whom we are associated, do not necessarily correspond to those of the Company, and we do not accept any responsibility for these opinions expressed in the media or on our site. All designs provided and photos of printed products remain the property of the Company and may be used for promotional purposes unless a prior written request from the Customer is received by email.
Article 13 – Limitation of Liability
§1. The Company is only responsible for complying with its legal and contractual obligations as well as for direct damages caused by its actions. The Company is in no way responsible for any damage suffered by the Client, including, but not limited to, indirect damages, damages caused to third parties, or unforeseen results.
§2. The Company is in no way responsible for the indirect consequences of the use made of the items ordered through the website www.squirailes-creation.com, or in the event of damage resulting from abnormal, unusual, or unforeseen use of the items.
§3. In no event shall the Company be liable for the cancellation or postponement of a delivery date for an item due to reasons beyond its control or in the event of force majeure, such as total or partial strikes by third parties to the relationship, natural disasters, (risk of) attacks, significant epidemics subject to measures taken by public authorities. In the event of such an event, the Client and the Company undertake to agree to a postponement of deliveries to the extent that such postponement is possible.
Article 14 – Personal Data
§1. Any personal data concerning the Client as defined by the European Regulation on Data Protection 2016/679 (GDPR) is processed in accordance with this Regulation. This data is processed and retained solely for the proper execution of the contractual relationship between the parties and is in no case transmitted to third parties for any other purpose. In this regard, please refer to the page /privacy-policy on the Company's website.
§2. The data retained by the Company includes: name, first name, address, email address, phone number.
§3. The Client has the option to: (i) object, upon simple and free request, to the processing of their personal data for serious and legitimate reasons, unless such objection makes it impossible to properly execute the contractual relationship between the parties; (ii) access, free of charge, the data concerning them retained by the Company and obtain the rectification of data that may be incomplete, inaccurate, or irrelevant; (iii) request the deletion of data concerning them from the Company to the extent that the retention of data is not imposed on the Company by a legal obligation; (iv) request the portability of their data held by the Company to a third party; (v) withdraw, if necessary, their consent to the processing of data based solely on consent at any time.
§4. Any request concerning the above must be addressed in writing to the Company's registered office by mail or by email to contact@squirailes-creations.com.
Article 15 – Complaints
Any claim by the Client, with the exception of those possibly referred to in an article, must be made in writing no later than 7 days after the occurrence of the event giving rise to the claim, postmark serving as proof. The Company undertakes to make every effort to find an amicable and suitable solution for all parties. To the extent that a claim is made by the Client within the aforementioned time limits, and to the extent that the Company accepts it, the claimed amount will be limited to the value of the Products or Services concerned.
Article 16 – Nullity
The possible nullity of a provision of these general terms and conditions does not affect the validity of the entirety of these general terms and conditions. If a clause is declared null, the parties undertake to conclude a clause with a similar effect and to include it in these general terms and conditions.
Article 17 – Application of Belgian Law
These general terms and conditions, as well as any dispute concerning the validity, interpretation, or execution of these general terms and conditions, are subject to Belgian law. All provisions not specified in these general terms and conditions are governed by Belgian law.
Article 18 – Dispute Resolution and Competent Courts
In the event of a dispute, mediation between the Company and the Client is favored. If, however, no agreement is possible, the competent courts are those of the judicial district of the Company's registered office.
