Terms and Conditions
General terms and conditions of use and sale
The website www.berrah.be (hereinafter referred to as the "Platform") is an initiative of
BERRAH COLLECTION
Chaussée de Louvain 390,
1030 Brussels
Belgium
(BCE/VAT) BE0793 882 543
Email: berrahcollection@hotmail.com
Phone number: +324/89.66.99.27
(hereinafter referred to as "BERRAH COLLECTION" or the "Seller")
I. GENERAL TERMS OF USE
1. Scope
These general terms and conditions of use (hereinafter referred to as the "Terms") apply to any visit to or use of the Platform and its information by an internet user (hereinafter referred to as the "User"). By visiting or using the Platform, the User acknowledges having read and accepted the rights and obligations set forth in these Terms. In exceptional circumstances, the provisions of these Terms may be waived by written agreement. Such waivers may consist of modifications, additions, or deletions of clauses to which they relate and do not affect the application of the other provisions of these Terms. We reserve the right to modify our Terms at any time without prior notice, but we undertake to apply the provisions in effect at the time you used our Platform.
2. Platform
A. Access and Navigation
We take all reasonable and necessary measures to ensure the proper functioning, security, and accessibility of our Platform. However, we cannot offer an absolute guarantee of operation and therefore our actions are subject to an obligation of means. All use of the Platform is always at the User's own risk. Consequently, we are not liable for any damages that may result from malfunctions, interruptions, defects, or harmful elements present on the Platform. We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without prior notice.
B. Content
BERRAH COLLECTION largely determines the content of the Platform and takes great care with the information presented on it. We take all possible measures to keep our Platform as complete, accurate, and up-to-date as possible, even when the information is provided by third parties. We reserve the right to modify, supplement, or delete the Platform and its content at any time, without incurring any liability.
BERRAH COLLECTION cannot offer an absolute guarantee regarding the quality of the information on the Platform. Therefore, this information may not always be complete, accurate, sufficiently precise, or up-to-date. Consequently,
BERRAH COLLECTION cannot be held responsible for any direct or indirect damage that the User may suffer as a result of the information present on the Platform.
If any content on the Platform violates the law or the rights of third parties, or is contrary to morality, we ask that you inform us as soon as possible by email so that we can take appropriate action.
All downloads from the Platform are always at the User's own risk. BERRAH COLLECTION cannot be held liable for any direct or indirect damages resulting from these downloads, such as data loss or damage to the User's computer system, which are entirely and exclusively the User's responsibility.
C. Services reserved for registered users
- Registration
Access to certain services is conditional upon User registration.
Registration and access to the Platform's services are reserved exclusively for legally competent individuals who have completed and validated the registration form available online on the Platform, as well as these Terms and Conditions.
During registration, the User agrees to provide accurate, truthful, and up-to-date information regarding themselves and their civil status. The User must also regularly verify their personal data to ensure its accuracy.
The User must therefore provide a valid email address, to which the Platform will send a confirmation of registration for its services. An email address cannot be used more than once to register for the services.
All communications sent by the Platform and its partners are deemed to have been received and read by the User. The User therefore agrees to regularly check messages received at this email address and, if necessary, to reply within a reasonable timeframe.
Only one registration is allowed per individual.
The User is assigned an identifier allowing them to access a space reserved for them (hereinafter "Personal Space"), in addition to entering their password.
The username and password can be changed online by the User in their Personal Account. The password is personal and confidential; therefore, the User agrees not to disclose it to third parties.
BERRAH COLLECTION reserves the right to refuse a request to register for the Platform's services if the User does not comply with the General Terms and Conditions.
2. Unsubscribe
A registered user can unsubscribe at any time by visiting the dedicated page in their Personal Area. Unsubscribing from the Platform will be effective one week after the user has completed the designated form.
3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply a relationship between BERRAH COLLECTION and the external website, nor do they imply any endorsement of the content of those external websites.
BERRAH COLLECTION has no control over external websites. Therefore, we are not responsible for the proper functioning and security of hyperlinks and their final destination. As soon as the User clicks on a hyperlink, they leave the Platform. We cannot be held liable for any subsequent damages.
4. Intellectual Property
The structure of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that it contains or that can be accessed via the Platform are the property of the publisher and are protected as such by the laws in force regarding intellectual property.
Any representation, reproduction, adaptation or exploitation, in whole or in part, of the content, trademarks and services offered by the Platform, by any means whatsoever, without the prior written authorization of the publisher, is strictly prohibited, except for elements expressly designated as royalty-free on the Platform.
The Platform user is granted a limited right to access, use, and display the Platform and its content. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal, non-commercial purposes. Without prior written consent, users are not authorized to modify, reproduce, translate, distribute, sell, or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data onto the Platform that could modify or be likely to modify its content or appearance.
5. Protection of personal data
The personal data provided by the User during their visit to or use of the Platform is collected and processed by BERRAH COLLECTION exclusively for internal purposes. BERRAH COLLECTION assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and is committed to always communicating clearly and transparently on this matter.
BERRAH COLLECTION is committed to complying with applicable legislation in this area, in particular the Law of 8 December 1992 relating to the protection of privacy with regard to the processing of personal data and the European Regulation of 27 April 2016 relating to the protection of natural persons with regard to the processing of personal data and on the free movement of such data.
The User's personal data is processed in accordance with the Privacy Policy available on the Platform.
6. Applicable Law and Jurisdiction
These general terms and conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where BERRAH COLLECTION has its registered office.
7. General Provisions
BERRAH COLLECTION reserves the right to modify, expand, delete, limit or discontinue the Platform and associated services at any time, without prior notice and without incurring any liability.
In the event of a breach of these terms and conditions by the User, BERRAH COLLECTION reserves the right to take appropriate disciplinary and remedial action. In particular, BERRAH COLLECTION reserves the right to temporarily or permanently deny the User access to the Platform or our services. These measures may be taken without stating a reason and without prior notice. They shall not give rise to any liability on the part of BERRAH COLLECTION nor entitle the User to any form of compensation.
The illegality or invalidity, in whole or in part, of any provision of our terms and conditions shall not affect the validity and application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
II. General Terms and Conditions of Sale
1. Scope
These general terms and conditions of sale (hereinafter referred to as "GTC") define the reciprocal rights and obligations in the event of the purchase of products or services on the Platform by a user (hereinafter referred to as "Client").
These Terms and Conditions constitute the entire agreement between the parties. The Customer is deemed to have accepted them without reservation; otherwise, their order will not be validated.
Exceptions to the provisions of these General Terms and Conditions may be made if such exceptions have been agreed to in writing. These exceptions may consist of modifications, additions, or deletions to the clauses to which they relate and have no impact on the application of the other provisions of these General Terms and Conditions.
BERRAH COLLECTION reserves the right to modify these Terms and Conditions from time to time. Modifications will be applicable as soon as they are published online for any purchase made after that date.
2. Online Store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having contractual value.
The products or services are described and presented as accurately as possible. However, in the event of errors or omissions in the presentation, the Seller cannot be held liable.
Products and services are offered subject to availability.
Prices and taxes are specified in the online store.
3. Price
The Seller reserves the right to modify its prices at any time by publishing them online. Only the prices and taxes in effect at the time of the order will apply, subject to availability on that date. Prices are shown in euros and do not include any delivery charges, which are indicated and billed separately before the Customer confirms the order. The total amount of the order (including all taxes) and, where applicable, the delivery charges are shown before final confirmation of the order form.
4. Online ordering
The customer has the option of completing an online order form using an electronic form. By completing the electronic form, the customer accepts the price and description of the products or services. To validate their order, the customer must accept these terms and conditions by clicking in the designated area. The customer must provide an email address, billing information, and, if applicable, a valid delivery address. All communication with the seller can take place via this email address. Furthermore, the customer must choose the delivery method and confirm the payment method. The seller reserves the right to block the customer's order in the event of non-payment, an incorrect address, or any other problem with the customer's account, until the issue is resolved.
5. Order confirmation and payment
The Seller retains ownership of the ordered items until full payment for the order has been received.
A. Payment
The Customer makes payment at the time of final order confirmation using the chosen payment method. This confirmation serves as a signature. The Customer warrants to the Seller that they have the necessary authorization to use this payment method and acknowledges that the information provided for this purpose constitutes proof of their consent to the sale and the payment due for the order. The Seller has implemented a procedure for verifying orders and payment methods to reasonably protect itself against any fraudulent use of a payment method, including requesting identification data from the Customer. In the event of a payment authorization refusal by the accredited organizations or in the event of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery. The Seller also reserves the right to refuse an order from a Customer who has not fully or partially paid for a previous order or with whom a payment dispute is ongoing.
B. Confirmation
Upon receipt of the purchase confirmation and payment, the Seller will send the Customer an invoice, unless one is included with the order. The Customer may request that the invoice be sent to an address different from the delivery address by contacting customer service (see below) before delivery. If a service or product is unavailable, the Seller will inform the Customer by email as soon as possible to arrange a replacement or cancel the order for that product and, if applicable, refund the corresponding price, while the rest of the order will remain valid and binding.
6. Proof
Communications, orders, and payments between the Customer and the Seller may be proven by means of computerized records stored in the Seller's computer systems under reasonable security conditions. Order forms and invoices are archived on a reliable and durable medium, which is considered, in particular, as a means of proof.
7. Delivery
Delivery is made only after confirmation of payment by the Seller's bank. Products are delivered to the address indicated by the Customer on the online order form. Additional charges will be applied for incomplete or incorrect information provided by the Customer. Due to availability, an order may be delivered to the Customer in several installments. Delivery is made within the following timeframes, depending on the method chosen by the Customer:
Prices and delivery times:
Please note that all orders are sent to a collection point.
Belgium/Luxembourg
-> 3 business days
France/Netherlands
-> 5 business days
Spain/Portugal
–> 5-6 business days
Germany
–> 6 business days
Delivery times are estimates only. No compensation can be claimed from the Seller or the carrier in the event of a delivery delay. If delivery takes longer than thirty days from the order date, the sales contract may be cancelled and the Customer refunded.
A. Order verification
Upon receipt of the products, the Customer or the recipient checks the condition of the delivered product or the conformity of the service provided.
In the event that one or more ordered products are missing or damaged, the Customer or the recipient must make the necessary reservations with the carrier at the time of delivery and immediately inform the Seller.
The verification is considered to have been carried out once the Client or a person authorized by him has received the order without raising any objections.
Any reservation not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the Seller from all liability towards the Customer.
B. Delivery error
In the event of a delivery error or non-conformity of the products with the information on the order form, the Customer shall inform the Seller within three working days of the delivery date.
Any claim not made within the specified period will not be considered and will release the Seller from all liability towards the Customer.
C. Returns and exchanges
The product to be exchanged must be returned to the Seller in its entirety and in its original packaging, according to the following terms:
- The item must be in its original condition, with its tag, packaging and gift (if applicable).
- Return shipping costs are the responsibility of the customer.
- The shipment must be made within 14 days of receiving the package.
- For more information regarding your return, please see our return policy page.
Any claim or return not made in accordance with the rules defined above and within the specified time limits will not be taken into account and will release the Seller from any liability towards the Customer.
Any product to be exchanged must be returned to the Seller in its entirety and in its original packaging. Return shipping costs are the responsibility of the Customer.
8. Guarantees
The Seller is responsible for the conformity of the products or services to the contract, in accordance with the law in force at the time of its conclusion.
9. Right of withdrawal
If the Customer is a consumer, they may exercise their legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.
After communicating their decision to withdraw, the Customer then has 14 days to return or refund the goods.
Any withdrawal made outside the rules and deadlines defined by this article will not be taken into account and will release the Seller from all liability towards the Customer.
Returns or exchanges of products can only be accepted for products that are complete, undamaged and in their original condition, including complete, undamaged packaging in good condition for resale.
If the order relates, in whole or in part, to digital content not supplied on a physical medium, the customer hereby agrees to waive their right of withdrawal for this digital content so that it may be delivered as quickly as possible.
Sample withdrawal form
To the attention of:
BERRAH COLLECTION
Chaussée de Louvain, 390
1030 Schaarbeek
Company number (BCE/VAT) BE0793 882 543
E-mail:
Telephone number:
I/We () hereby give notice/notify that I/we () withdraw from my/our () contract for the sale of the following goods ()/provision of services ():
Ordered on ()/received on () : __________
Name of consumer(s): __________
Consumer address(es): __________
Signature of the consumer(s) (only if this form is submitted on paper):
Date: __________
10. Data Protection
The seller will retain proof of the transaction, including the order form and invoice, in its computer systems under reasonable security conditions.
The seller guarantees the protection of the customer's personal data in accordance with the privacy policy available on the platform.
11. Force Majeure
If the seller is prevented, in whole or in part, from executing the order due to an unforeseeable event beyond their control, this constitutes a case of force majeure.
In the event of force majeure, the seller is authorized to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The seller will immediately inform the customer of this situation.
If the force majeure event persists for more than 90 uninterrupted days, each party to the contract will have the right to unilaterally terminate the contract by registered letter sent to the other party. However, the services already provided by the seller will be invoiced to the customer on a pro rata basis.
12. Independence of clauses
The illegality or invalidity, in whole or in part, of any provision of these terms and conditions shall not affect the validity and application of the other provisions. The seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
6. Applicable Law and Jurisdiction
These general terms and conditions are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute will be brought before the courts of the judicial district where BERRAH COLLECTION has its registered office.