Article 1 – General information
The general terms and conditions of sale are always available for consultation by any customer who places an order via our website. In this way, the customer expressly accepts the general terms and conditions of sale with each order through our website. The fact that Au Gré du Vent (The Vendor) may not have imposed one or more of these general terms and conditions of sale on the customer does not deprive them of the right to apply these terms and conditions at a later date.
Consequently, the placing of an order implies the full and unconditional acceptance of these general sales conditions, notwithstanding any other documents, such as sales brochures or catalogues issued by the vendor, which have only an indicative value. The customer/buyer may therefore not impose any contrary conditions on the vendor, unless expressly accepted, regardless of when they were brought to his attention. The fact that, at any given point in time, the vendor may not have imposed one or several of the present general conditions, does not imply that he renounces his right to impose the condition or condition in question at a later date.
Anyway, the present Belgian laws regarding “La protection de la Vie Privée” and “Les Pratiques du marché et la protection du consommateur” are applicable.
Article 2 : Information regarding orders
Au Gré du Vent guarantees the confidentiality of the data entered by the Customer/Buyer. These data will not be passed on to third parties under any circumstances (e.a. force majeure).
The customer/buyer is responsible for the information that he or she enters when an order is placed. If the details of the order entered are incorrect or incomplete, Au Gré du Vent cannot be held responsible for the failure to deliver or for late delivery. Orders are only accepted and definitive if payment is made or when delayed payment is accepted this has explicitly been expressed in a separate mail – accepted by the customer.
The products delivered may vary depending on the available stock and the season. This also applies for the choice of colors. Product offers are limited according to the stocks available.
If stocks are sold out, Au Gré du Vent reserves the right to deliver a product with identical characteristics in terms of volume and quality. The buyer may not cancel or modify his order and the sums paid will not be reimbursed. Should a product not be available, Au Gré du Vent is entitled to deliver a product with the same characteristics in terms of volume and quality.
Article 3 – Deliveries
Deliveries are guaranteed from 9.00 a.m. until 6.00 pm (behalf on Tuesday). Deliveries on Tuesday are sometimes possible but with prior agreement by phone with the shop. No delivery guarantee is given for deliveries on Saturdays and Sundays. The Customer/Buyer has to check that possibility by phone call to the shop at +32 81 400 595. In case of closure, the Customer/Buyer has to send an email to firstname.lastname@example.org. Similarly, deliveries on legal/public holidays are not guaranteed. Should a problem arise with a delivery, this is covered by our general guarantee and steps are taken to find an appropriate solution.
For deliveries to hotels, enterprises and hospitals, full details should be given (maiden name for married women, room number, function or department, etc.). Should full details not be supplied, the delivery cannot be guaranteed.
For deliveries abroad, the principle applied is that every order should be placed before 12 noon (GMT). In this case, deliveries abroad will be made in the next 2 days (excl. Saturdays, Sundays and Public holidays). Orders for deliveries abroad can not be made on our website. The Customer/Buyer has to contact the shop at +32 81 400 595 or send an email at email@example.com
Delivery is considered to have been made within the specified lead time either by the direct delivery of the product to the declared address. In case the addressee is absent, the possibility of delivery in a location close to his or her address will be analyzed. The addressee will be informed by phone or by message. If not possible, the customer/buyer will be informed of the non-delivery of the product. Collection should then be made within two days at our shop, in view of the perishable nature of the product. Lead times are given as accurately as possible. Late deliveries will not give rise to the payment of damages. However, if 24 hours after the specified delivery time, the product has not been delivered, for any other reason than force majeure, the sale may be cancelled and the value of the order reimbursed to the buyer, exclusive of all other indemnities or damages. The following cases of force majeure are considered to discharge the vendor of his obligation to deliver: war, riot, fire, strikes, accidents and non-arrival of supplies. The vendor will give the buyer reasonable warning in the event of one of the above cases. In all cases, delivery can only be made within the agreed lead-time if the buyer has fulfilled his obligations to the vendor.
Article 4 – Complaints
As this is a fresh product all complaints relating to the product delivered should reach Au Gré du Vent within 24 hours of delivery (art. 47§4 loi 10.04.2010). Complaints may be lodged by contacting us at +32 81 400595 or by e-mail at firstname.lastname@example.org.
When the complaint is received, the necessary steps will be taken immediately to collect the required information in Belgium or abroad, depending where the delivery was made and in which conditions. In the event of a clear error of Au Gré du Vent, an agreement will be reached with the customer as to how the matter can be resolved to their satisfaction. Such arrangements may include refunding the total value of the order to the customer, or delivering another product, with additional flowers as compensation. Moreover, the customer will always be kept informed of how the matter is progressing. In the event of an inadequate use of the product (flowers exposed to cold, to heat, in case of fall,….), Au Gré du Vent will not be held responsible.
Disputes will always be dealt with appropriately, on the assumption that the Customer/Buyer is acting in good faith. Should a dispute arise, the Customer/Buyer will always follow the complaints procedure first with a view to reaching an amicable settlement.
Regarding the other products, Au Gré du Vent refers you to article 9 of its general sales conditions https://augreduvent.be/wp-content/uploads/2015/11/conditions-générales-de-vente-AGV.pdf
If no solution can be found, the Belgian courts of the legal district of Namur have sole jurisdiction. The language used is French.
Article 5 – Prices and payment
The products are delivered at the usual prices at the time of the order. Prices are always VAT included.
After creation of an account by the Customer, the order can be validated and paid.
Payment is possible via a paypal account or via bank transfer following the information on this website. But payment by credit card is also allowed by using the direct on-line payment service available within our shop. If the Customer/buyer wants to pay that way, he or she must contact us by phone at +32 81 400595 during the opening hours of our shop.
Article 6 – Intellectual property
Au Gré du Vent benefits from rights on all its website and on the packaging of its products.
Even if you visit the website or order on the website, the images, texts, names, photos and logos present on the website and all products from Au Gré du Vent are protected by intellectual property rights (reproduction rights, copyrights,…) .
The Customer shall refrain from copying, arranging, sending to others, selling, representing, translating or modifying the protected elements.
All breaches will be liable to legal proceedings.]]>