Terms of Sales

Access and use of the www.alohatoucan.com site implies, as an essential, decisive and irrevocable condition, the unreserved acceptance of these General Conditions of Sale. These only govern the framework of the commercial relations which could arise between the customer and AlohaToucan.com. They prevail over any other general or particular condition.The customer is required to carefully read these General Conditions of Sale before placing an order. These conditions are likely to be modified or supplemented at any time, the user of the site is therefore invited to consult them on a regular basis.

 

Legal Notice

Aloha Toucan
Ms. Delphine Jeumont
Address: Avenue Jean-Baptiste Depaire 120, 1020 Brussels, Belgium
Company number: 0704.987.585
VAT number: BE0704.987.585
Email: contact@alohatoucan.com

 

Order taking

The company offers products for sale online which are available through its website www.alohatoucan.com. The customer chooses and adds to his shopping cart the products he wishes to acquire. Then, the customer accepts the General Conditions of Sale and confirms his order before making payment for his order using one of the payment solutions available on his site. The customer receives a confirmation of his order by e-mail. The sales contract between the company and the customer is concluded upon receipt of this confirmation email. The company reserves the right to refuse certain orders if the stocks do not allow the order to be fulfilled or in the event of an obvious error in the price of the products. Only legally capable people can order.

 

Prices and delivery costs

All prices mentioned on the website are denominated in euros and include VAT and other taxes. These prices can be modified at any time (understood, however, that the price appearing on the site when ordering will be the only one applicable to the buyer unless there is a glaring error) and do not include any delivery costs. The customer can correctly estimate the delivery costs by consulting the hyperlink on the product sheet and which leads to a page specifying the rules for calculating the delivery. Any delivery costs are also indicated in the order summary on the website before the customer confirms his order as well as in the confirmation email. Photos and other illustrations used to present the products are not binding and may show products or elements not included in the price offered.

 

Delivery

The company is committed to ensuring that the order is processed as soon as possible and that delivery is made as quickly as possible. However, the company cannot be held responsible for any delaysorder processing or delivery. The order will be presented to the customer or to any other person present at the delivery address or having a power of attorney. If the carrier is absent during the passage, a calling card will be left and the package will be made available at a collection point near the destination. No compensation can be claimed by the customer in the event of late delivery.

The company cannot be held responsible for the degradation of the products once the package has left the warehouse. It is the buyer's responsibility to check the condition and contents of the package upon receipt and to refuse it if any products are damaged. Failing to refuse it, you must make reservations about the condition of the package and inform the carrier or the person in charge of the collection point. However, if a product was damaged, without the package being damaged, please contact our customer service.

If an ordered product does not reach the delivery address communicated within 30 calendar days after the conclusion of the sale, it will be up to the customer to get in touch, within 7 working days from the day after the date of delivery of the order, with the company by means of an email. Complaints will no longer be admissible once this 7-day period has expired.

 

Product conformity

All the products offered on the alohatoucan.com site are described in good faith and as faithfully as possible. However, the images presented on its website have no contractual value, especially with regard to the colors of the products. The company is not responsible for any errors that may appear in the descriptions of products and services. However, and provided that they have been brought to its attention in writing, the company undertakes as far as possible to rectify these errors.

 

Right to retract

In accordance with the law, the customer has the right to notify the seller that he renounces the purchase, without penalty and without giving any reason, within 14 calendar days from the day after the day on which the customer takes physical possession. of the delivery of an order.

 The notification of the waiver must be made by the customer through:

- Of model withdrawal form duly completed and returned by post or email; or

-       by any statement sent by electronic mail or by email which is unambiguous and setting out the customer's decision to withdraw from the contract.

During the withdrawal period, the customer will take the greatest care of the products and their packaging. The customer's right of withdrawal is subject to the return of the entire delivery to the following address: 120, Avenue Jean-Baptiste Depaire, 1020 Brussels. Products must be returned within a maximum period of 14 days from the exercise of the right of withdrawal. Returned products must be shipped in new condition, in their original packaging also in perfect condition, accompanied by the invoice and the duly completed return document. Any return for which the sender cannot be identified will be refused. After the 14 day period, the company will no longer be able to accept the return.

The company will reimburse the customer using the same method of payment that the customer used to place the order. The reimbursement will be made with the deduction of delivery charges paid by the customer or borne by the company. The refund will be made within 14 days after the company has taken cognizance of the withdrawal request, provided that all return arrangements have been strictly observed and that the company has recovered the products or the customer has provided a proof of their shipment. The customer will be held liable for any handling of the products other than that necessary to establish the nature, characteristics and proper functioning of the products.

 

Evidence

E-mails and automatic registration systems on the website serve as proof, in particular for the date of the order and its content.

 

Customer service and complaints

Our customer service will do everything to answer your questions, suggestions or complaints and help you as best as possible. He can be contacted:

- via the contact page of the website

- by email: contact@alohatoucan.com

- by mail: Aloha Toucan, Customer Service, 120 Avenue Jean-Baptiste Depaire, 1020 Brussels

 

Responsibility

The company cannot be held responsible for any misuse of the products or any modifications to the products made by the manufacturers. The responsibility of the company will in any event be limited to the amount of the order and cannot be incurred for simple errors which may have remained despite all the attention paid to the presentation of the products. Under no circumstances can the company be held responsible for indirect or consequential damage or for damage that was not foreseeable at the time of the order. Neither the photos, illustrations or product sheets are binding on the company. This information is given for information only.

 

Personal data

The company complies with the Belgian law of 8 December 1992 as revised on the processing of personal data. The customer has the right to access, modify, rectify and delete data concerning him by contacting the company.

The data collected is confidential and the company undertakes not to communicate the customer's contact details to a third party other than its partners responsible for the execution, processing, management and payment of orders.

 

Intellectual rights

The company is the exclusive owner of the intellectual rights to the site. The material on the site may not be made public, reproduced or modified without the prior written consent of the company, except for strictly personal use.

 

Litigation, mediation and competent courts

In the event of a dispute, the member will first contact Aloha Toucan to obtain an amicable solution. In the absence of an amicable resolution, the courts of Brussels will have sole jurisdiction and any dispute will be governed by Belgian law.

 

No Partial validation of the provisions

If one or more provisions of these general conditions are declared invalid, or illegal, this will not affect the validity, legality or applicability of the other provisions. The fact that the company fails to require the strict application of one or more provisions of the general conditions does not constitute a tacit waiver of its rights and does not prevent it from subsequently requiring strict compliance with these provisions. The company is not responsible for delayed performance due to force majeure. The assumptions usually recognized by Belgian case law and courts are considered as force majeure. In the event of force majeure, the company is entitled to deliver the products within 60 days of the contractually agreed date. After this period, the customer can cancel his order.

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