The legal relationship between OCTARINE SPECIAL DOLLS SPRL with a capital of € 18,600, having its headquarters in Venelle Le Phare 16 bte 9 - 1400 Nivelles (Belgium), registered with the Crossroads Bank for Enterprises under number 0628.730.244 (hereinafter after "OCTARINE SPECIAL DOLLS") and any party wishing to make a purchase via the website (hereinafter: "the Buyer") is exclusively governed by these Terms and Conditions. All other conditions or amendments to these Conditions apply only if they have been approved in writing by OCTARINE SPECIAL DOLLS.
For questions or claims related to the website of OCTARINE SPECIAL DOLLS (http://www.octarinedolls.be; hereinafter: the "Website www.octarinedolls.be"), the products offered on the Website or these Terms and Conditions, please contact the Clients OCTARINE SPECIAL DOLLS:
- Using the contact form provided for that purpose on the website;
- By sending a letter to the following address:
OCTARINE SPECIAL DOLLS SPRL
Venelle Le Phare 16, box 9 1400 Nivelles BELGIUM
To order, the Buyer must be 18 years of age. (If a legal representative finds out within seven (7) days that their minor child made an unwanted purchase, they can make use of their legal right of withdrawal and return the product at their own expenses.)
OCTARINE SPECIAL DOLLS reserves the right to amend these Terms and Conditions, if applicable. Whenever the Buyer wishes to order through the Website OCTARINE SPECIAL DOLLS, the Buyer shall consult these Terms to ensure they understand the terms and conditions in force at the time when he concluded the Contract with OCTARINE SPECIAL DOLLS.
OCTARINE SPECIAL DOLLS offers via its website the opportunity to buy products that are available on it.
These Terms and Conditions aim at defining the rules relating to the sales via the Website between OCTARINE SPECIAL DOLLS and the Buyer, especially regarding the order, the payment, the delivery and the withdrawal.
Unless otherwise specified in writing, the offers presented on the Website are here for informational purposes only, and are therefore always made without commitment. In addition, the offers are always understood within the limits of stocks.
The Buyer has the option, on the online store, to select specific products from the online choice OCTARINE SPECIAL DOLLS offers in the amount it wishes, and gather them into a shopping e-cart by clicking the "Shopping Cart" button.
The Buyer then obtains a summary of the contents of his shopping cart and can finalize the order by pressing the "Checkout" button. The buyer then communicates all required data and confirm the accuracy by clicking the "Order" button.
Finally, the Buyer makes payment by one of the various means of payment offered (Paypal, Wire Transfer, Cash in hand upon retrieval). Once the payment is accepted, the Buyer obtains a summary of the order, also sent to their address.
Each order commits the Buyer in full. However OCTARINE SPECIAL DOLLS only commits when the order confirmation by email has been sent. It is recommended to print this email and keep it. OCTARINE SPECIAL DOLLS reserves the right to refuse any order. An order will be deemed to have been processed and approved by OCTARINE SPECIAL DOLLS from the moment the Buyer has received confirmation by e-mail from OCTARINE SPECIAL DOLLS. After sending the email, a contract (hereinafter: the «Contract») is formed between OCTARINE SPECIAL DOLLS and Buyer.
Possible or alleged inaccuracies in the order confirmation should be notified in writing to OCTARINE SPECIAL DOLLS by the Buyer within 8 days from the date of dispatch of the order confirmation, under penalty of foreclosure.
If OCTARINE SPECIAL DOLLS is not able to provide a product to the buyer, for example because of its unavailability or in the event of an error in the indication of prices, as referred to in Article below, the Buyer( order will not be processed and OCTARINE SPECIAL DOLLS will inform the Buyer as soon as possible by e-mail. OCTARINE SPECIAL DOLLS also reserves the right to offer the Buyer a quality substitute of equivalent price if an ordered product is no longer in stock.
In the event that the Buyer has already paid the products, OCTARINE SPECIAL DOLLS refund as quickly as possible the amount to the Buyer following the same payment method as was used by the Buyer when ordering.
Visual representations of products appearing on the Website are intended only for illustration purposes. While OCTARINE SPECIAL DOLLS does everything possible to accurately reproduce colors, OCTARINE SPECIAL DOLLS can not guarantee that the color rendering on the computer screen of the Buyer exactly matches the color of the products. The products ordered by the Buyer may differ to some extent from said visual representations.
Although OCTARINE SPECIAL DOLLS make every effort to be as accurate as possible, weights, measures, content, dimensions and measurements indicated on the Website OCTARINE SPECIAL DOLLS may have a moderate divergence with those of the products ordered.
The Buyer has the right to cancel a purchase within fourteen days without giving reasons. The withdrawal period shall expire 14 calendar days from the day after the physical delivery of the goods to the Buyer or a third party designated by the Buyer, other than the carrier.
To exercise their right of withdrawal, the Buyer must inform the customer service OCTARINE SPECIAL DOLLS his will to cancel the contract via an unequivocal statement (eg. Sent by mail or e-mail). This can also be done through an unequivocal statement by which the customer explains his decision to withdraw from the contract or using the form provided in Appendix 2 of Book VI of economic law code. To comply with the withdrawal period, Buyer must send its communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
The Buyer shall inform by e-mail OCTARINE SPECIAL DOLLS’s Customer Service of their willingness to return products, stating the order number, the products and the quantity concerned. The refund will be made after the products have been received and checked onsite by OCTARINE SPECIAL DOLLS.
The Buyer bears all costs incurred directly as a result of such a referral.
If the Buyer cancels the contract, OCTARINE SPECIAL DOLLS immediately reimburse all payments they made at this time, including delivery charges (excluding any additional costs incurred by choosing another delivery method than the standard delivery method offered ont the website) and in any case, not later than 14 days after OCTARINE SPECIAL DOLLS has been informed of the decision of the Buyer to revoke the contract. OCTARINE SPECIAL DOLLS reimburse the Buyer with the same means of payment used by the Buyer at the time of the original transaction, unless the buyer has explicitly stated it otherwise. In any event, such reimbursement does not incur any fees to the Buyer.
Buyer is solely responsible for the impairment of assets resulting from manipulations of goods other than those necessary to establish the nature, characteristics and functioning of the goods.
In addition to the cases described in Article VI.53 of the Code of commercial law, the Buyer can not exercise his right of withdrawal if:
- The delivered products were tailor made according to the instructions and wishes of the Buyer;
- The products delivered are of a personal nature;
- The delivered products may spoil, degrade, or age;
- The products delivered are incomplete, damaged, soiled, or have been used significantly by the Buyer.
In case of excessive returns of orders by Buyer, OCTARINE SPECIAL DOLLS reserves the right to refuse future orders.
The product price is indicated in Euros ,US Dollars or Pounds and includes all taxes. Unless otherwise indicated, shipping charges are not included. The prices are the prices prevailing on the date of the offer on the Website.
OCTARINE SPECIAL DOLLS makes every effort to ensure that payments made through the website are conducted in the most efficient and safest way possible. To this end, OCTARINE SPECIAL DOLLS uses PAYPAL payment services.
The Buyer pays the price when they places their order, except in the case of pick-up at the OCTARINE SPECIAL DOLLS’ office in Nivelles.
The Buyer fulfills its payment obligations, by means of a bank transfer or the use of Paypal.
Unless explicitly stated otherwise, OCTARINE SPECIAL DOLLS does not charge management fees and / or perception for payment orders.
Payment of the full price is applicable at the time the order is placed or within 8 days in the case of a bank transfer, except when a lay-away option is proposed. The delivery of the order by OCTARINE SPECIAL DOLLS only takes place after OCTARINE SPECIAL DOLLS has received full payment.
In case of non-payment, if payment is not made within the time limit, or if there are other types of payment problem, all the amounts due to OCTARINE SPECIAL DOLLS are due by law. The amount due is increased by operation of law of annual interest amounting to 7% of the original total.
In case of non-payment of an order in lay-away, the 30% deposit paid at time of order will be retained by OCTARINE SPECIAL DOLLS
OCTARINE SPECIAL DOLLS takes all appropriate measures to ensure that product prices are quoted correctly when saved in the system. The Website, however, includes a large number of products, and it may be that, despite reasonable efforts from OCTARINE SPECIAL DOLLS, a number of products appearing on the Website are associated with the wrong price.
If OCTARINE SPECIAL DOLLS discovers an error in the price of goods that Buyer has ordered, OCTARINE SPECIAL DOLLS door said error to the attention of the Buyer and offers him the option to either continue buying at the correct price or to cancel order. SPECIAL OCTARINE DOLLS does not address the control of the Buyer unless having received instructions from the Buyer.
If OCTARINE SPECIAL DOLLS is not able to contact the Buyer, using the contact provided by the Buyer during the ordering process, OCTARINE SPECIAL DOLLS considers that the order is canceled, and the Buyer is notified in writing. It should be kept in mind that if the error in the price is obvious and it can reasonably be identified by Buyer as an error in the price OCTARINE SPECIAL DOLLS will not deliver in any case Products at the wrong (lesser) price.
During the order process, the Buyer may choose to withdraw their order to the office of OCTARINE SPECIAL DOLLS in Nivelles or to have it delivered to the address indicated during the order. The costs relating to the delivery of the ordered products will be indicated at the time of the order.
The ordered products are delivered promptly and in any case within thirty (30) days from the receipt of the confirmation of product availability by email.
OCTARINE SPECIAL DOLLS has no obligation to deliver until full payment of the order is received. If it is not possible for OCTARINE SPECIAL DOLLS to deliver the products within the time or in the amounts indicated OCTARINE SPECIAL DOLLS informs the Buyer in writing, failing which the Buyer may terminate the Contract.
A delay in the delivery of products may under no circumstances make null and void an order and / or result in the automatic termination of the contract of right or result in the payment of compensation of any kind whatsoever.
It is required that the Buyer shall receive the products delivered by OCTARINE SPECIAL DOLLS at the time and place agreed. The Buyer sign the delivery and acknowledgment of the delivered products.
Defects visible on the outer packaging or other potential problems related to the delivery must be mentioned on the travel voucher or notified in writing by registered mail to OCTARINE SPECIAL DOLLS within thirty (30) days calendar, including a detailed description of the defect and stating the choice of a refund or an exchange. The product concerned must also be returned to OCTARINE SPECIAL DOLLS within such thirty (30) calendar days.
Notwithstanding the foregoing, the use of products delivered by Buyer is irrevocable acceptance of taking possession.
The risk of loss and damage to products and product ownership pass to the Buyer upon delivery.
The Buyer acknowledges that OCTARINE SPECIAL DOLLS, or one of the companies linked to it, remains the exclusive owner of all intellectual property rights relating to all components of the Website, the process of production and control, the chemical composition and product specifications. OCTARINE SPECIAL DOLLS also remains the exclusive owner of the name, brand and logo under which the products are sold. Buyer agrees not to raise a claim on the Rights aforementioned intellectuals.
7. Guarantees and responsibility
Liability and warranty OCTARINE SPECIAL DOLLS are agreed to be at a limited extent when the Belgian law allows.
OCTARINE SPECIAL DOLLS is responsible for hidden defects and technical defects relating to goods purchased manifested in two (2) years from the date of delivery. If a defect or fault occurs within this period OCTARINE SPECIAL DOLLS replaces or repair the product at the option of the Buyer. To invoke this guarantee, the Buyer shall notify defects or faults OCTARINE SPECIAL DOLLS by registered mail within sixty (60) days after the Buyer has discovered it or ought to have discovered the said defects or flaws. He must return the defective product within the said period of sixty days to Customer Service via the contact form. This warranty applies only to products purchased by a consumer domiciled in Belgium. This warranty does not affect the right of the Buyer to invoke the legal guarantee provided for in Article 1649ter the Civil Code.
OCTARINE SPECIAL DOLLS will not be liable towards the Buyer:
- If it has not used the products for their intended purpose;
- If the product was adapted, adjusted, modified or repaired;
- If the product has been damaged by the Buyer deliberately or negligently;
- If the product has defects which result from normal wear.
The contractual and non-contractual OCTARINE SPECIAL DOLLS shall in no event exceed the respective limits of liability covered by insurance underwritten by OCTARINE SPECIAL DOLLS.
OCTARINE SPECIAL DOLLS is not liable for compensation of immaterial, incidental or consequential damages and is not obliged to indemnify such damages, including, without limitation, lost profits, loss of revenue, administrative costs or personnel, loss of customers or third party claims.
OCTARINE SPECIAL DOLLS is not responsible for technical problems affecting the provision of information through its Website. OCTARINE SPECIAL DOLLS is not responsible vis-à-vis the Buyer for any modification, interruption, unavailability or closure of its website, in any capacity whatsoever. OCTARINE SPECIAL DOLLS is not liable for websites to which its own website refers.
Neither OCTARINE SPECIAL DOLLS nor the Buyer shall be liable for a delay or default in the execution of the contract when said delay or failure is due to force majeure. By "force majeure" means, without this list is not exhaustive, an order from the authorities, mobilization, war, epidemic, lockout, strike, demonstrations, technical defects at the transmission of communications, flood, explosion, lack of raw materials or labor, changes in global economic circumstances, vandalism, extreme weather conditions and all circumstances beyond the control OCTARINE SPECIAL DOLLS and disrupting the normal course of business, without that OCTARINE SPECIAL DOLLS has demonstrated the unpredictability of the said circumstances.
The party invoking force majeure shall notify the other party and take all reasonable measures to overcome the temporary situation of force majeure.
If the situation of force majeure lasts for more than ninety (90) days, either party shall be entitled to terminate the Agreement without the other party is liable for any form of compensation whatsoever.
OCTARINE SPECIAL DOLLS may assign all or part of the Contract to any person, firm or company.
The Buyer may not assign the Contract or any part of the contract whatsoever, without the prior written permission of OCTARINE SPECIAL DOLLS.
An impeachment or a delay from OCTARINE SPECIAL DOLLS to enforce all or part of any provision of this Agreement does not constitute a waiver of its rights under the Contract, neither in the present and in the future.
If at any time whatsoever, any provision of these Terms and Conditions is or becomes illegal, invalid, void or unenforceable under applicable law, this does not in any way affect the legality, validity or 'enforceability of the remaining provisions of these Terms and Conditions and the Contract. OCTARINE SPECIAL DOLLS and the Buyer undertake to use all reasonable efforts and take all necessary measures to substitute for any illegal provision, invalid or unenforceable in these Terms and Conditions a legal provision valid and applicable with the same scope Economic for the parties and, if the law allows, with the same original intention.
In case of dispute, these Terms and Conditions shall be interpreted according to the letter and spirit of the French-language version.
Any notice, claim, question, etc. in connection with these Terms or resting on these can be made in writing to the above address. The burden of proof of the receipt of any notification lies with the sender.
These Terms apply as long as OCTARINE SPECIAL DOLLS sells products online through its Website.
These Terms and Conditions are subject to Belgian law.
The two parties undertake to initially seek an amicable solution in case of any discussions or any disputes in connection with the application or interpretation of these Terms and Conditions before initiate proceedings judiciary.
The courts and tribunals to hear disputes relating to these Terms and Conditions shall be the courts of Nivelles, except as otherwise required by law.