Terms and conditions
The consumer has the right to inform Papaya BVBA that he renounces the purchase, without payment of a fine and without giving reasons within 14 calendar days from the day following the delivery of the product by means of a registered letter to Papaya BVBA. The direct costs for the return to Papaya BVBA by the consumer are at the expense of the consumer, unless the delivered product is not in accordance with the description of the offer or was not fulfilled by the seller to his information obligation.
Berkenlaan 49, 9840 De Pinte, Belgium
0032 (0) 476/616764
Article 1: General conditions
The electronic webshop of Papaya BVBA with registered office at Berkenlaan 49, 9840 De Pinte (Belgium), VAT BE 0689.994.058, offers its customers the possibility to purchase clothing, accessories and other items online.
These General Terms and Conditions apply to all articles from the online assortment and every purchase that the customer places online with Papaya BVBA.
The customer accepts that these Terms and Conditions will be the only ones applicable, with the exclusion of his own general or specific (purchase) conditions, even if they stipulate that they are the only ones that apply.
Any user who wishes to make a purchase confirms to be a natural person, trader and authorized to act. Any person who has been declared incompetent under the provisions of article 1123 and under the Civil Code may under no circumstances make purchases on the website. Consultation of the website and the services offered there fall under the authority of the legal representative.
That legal representative must comply with these conditions.
Article 2: Price and payments
VAT and other taxes that are required by the customer are included in the mentioned prices. If transport, reservation or administrative costs are charged, this will be mentioned separately.
The indication of price only refers to the articles as described. The accompanying photo is decorative and can contain elements or items that are not included in the price.
The invoices must be paid to Papaya BVBA on the due date, without discount unless otherwise stated.
Bank charges are borne by the buyer.
Every complaint relating to the invoice must be communicated by registered mail within a period of 3 days after receipt of the invoice.
In case of non-payment on the due date, the consumer is legally and without notice to pay a default interest of 1% per month, starting on the invoice date.
In case of non-payment and if a reminder has not received a reply by ordinary mail within 14 days, the consumer is obliged to pay a fixed fee of 10% of the outstanding amounts.
We reserve the right, in case of full or partial non-payment of an invoice on the due date or any other breach of the obligations of the buyer under this agreement, to immediately suspend the execution of all agreements with the buyer or to terminate without notice or any legal intervention.
In addition, we reserve the legal right to claim all other invoices or partially deliver the goods for cash payment, notwithstanding prior agreements.
Not taking immediate action against a shortcoming of the buyer can not be regarded as a waiver by us to rely on this shortcoming afterwards.
If the buyer can prove that he has suffered damage as a result of a contractual error made by the seller, he can claim compensation, which will be limited to 10% of the total amount (excluding VAT), provided that the buyer can prove damage. The seller can never be obliged to compensate for consequential or indirect damage.
Article 3: Offer
Every offer is only open to customers who live in the European Union.
Despite the fact that the catalog and website are compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors or is not up-to-date.
If you have specific questions about sizes, color, availability, delivery time or delivery method, please contact our store in advance.
Papaya BVBA is only bound to an obligation of means for the correctness, actuality or completeness of the information provided.
Papaya BVBA is in no way liable in the event of material errors, typesetting or printing errors.
The offer always applies as long as the stock lasts and is subject to the actuality of the stock. After verification of the stock and the possibility of delivery, the customer receives an explicit confirmation of his order in case the relevant articles are still in stock.
Papaya BVBA is entitled – without stating reasons – to refuse orders, to adjust delivery times, to split deliveries or to attach other conditions to delivery.
Online orders can be refused if the product has already been sold in the store for the online payment. The customer will be informed by e-mail.
Article 4: Online purchases
The customer has the possibility to purchase the articles from the assortment online.
The purchase is made at the moment the customer has entered his order by clicking on the ‘order button’. Afterwards, the customer receives a confirmation email from Papaya BVBA insofar as the order can be accepted (see Article 3). The items are delivered to the customer’s home at the delivery location indicated in the confirmation email.
Article 5: Reservation of ownership
However, the risk due to loss or damage passes to the customer from the delivery. The customer undertakes, if necessary, to inform third parties of the retention of title of Papaya BVBA.
Article 6: Complaints
Any visible damage and / or qualitative deficiency of an article or other shortcoming in the delivery (ie lack of conformity) must be reported immediately and this no later than 8 days after delivery in case of a complaint due to a non-conforming delivery, or in case of hidden defects, 8 days after discovery of the defect or after a reasonable period in which the defect could have been established.
Article 7: Warranty
Pursuant to the law of 21 September 2004 concerning the protection of consumers in the sale of consumer goods, the consumer has statutory rights.
Notwithstanding the foregoing, you are not entitled to warranty for defects caused by accident, negligence or misuse (by the user or by third parties), natural and / or normal wear and tear. These are not covered by the guarantee and are therefore not a lack of conformity.
For items purchased online and delivered to the customer’s home, the customer must contact the customer service department in advance in case of defects (firstname.lastname@example.org) after which the customer must return the item (with invoice) at his expense to Papaya bvba, Berkenlaan 49, 9840 De Pinte, Belgium.
The User must indicate in a clearly visible manner where the article has a defect. The seller’s warranty service will then contact the supplier of the products, who will make a decision or a defect in the products that fall within the warranty. If this is not the case, the products will be returned unrepaired to the user.
Article 8: Renunciation period
The conditions and terms of this article only apply to customers who purchase articles online in their capacity as consumers.
The consumer has the right to inform the company that he renounces the purchase, without payment of a fine and without giving any reason within 14 days from the day following the delivery of the product.
Customers who wish to make use of the right of renunciation period must contact our customer service (email@example.com) within 14 days of delivery and return the goods to Papaya bvba at their expense, Berkenlaan 49, 9840 De Pinte, Belgium. The direct costs for the return to Papaya BVBA by the consumer are fully borne by the consumer, unless the consumer can demonstrate that the delivered product would not be in accordance with the description of the offer.
Products that are specifically designed or labeled for the buyer or products with limited freshness can not be returned, in which case the buyer can not invoke his right of renunciation.
Only items that are in the original and undamaged packaging, together with all accessories and invoice or proof of purchase, can be taken back.
By no means, we will not take back:
– wrongly used, dirty, damaged or incomplete items
– articles of which the packaging (or part of it) was opened
– articles that are tailored to the customer
– articles that can not be returned due to their nature
Article 9: Affecting validity – non-renunciation
If any condition of these terms and conditions is declared invalid, illegal or null, this will in no way affect the validity, legality and applicability of the other conditions.
Failure at any time by Papaya BVBA to enforce any of the rights listed in these terms and conditions, or any right to exercise them, shall never be regarded as a waiver of such condition and shall never affect the validity of these rights.
Article 10: Force majeure
Papaya BVBA can not be held liable for delays in the fulfillment or non-fulfillment of certain obligations as a result of force majeure (unforeseen and independent circumstances). Force majeure includes strikes, government measures, transport problems, fire, import / export obstructions, supplier problems, production interruptions, storm damage and natural disasters.
Article 10: Customer service
Customer service is available by e-mail at firstname.lastname@example.org or by post at the following address: Papaya BVBA, Berkenlaan 49, 9840 De Pinte (Belgium).
Article 11: Change of conditions
These Terms and Conditions are supplemented by other conditions explicitly referred to, and the general terms and conditions of sale of Papaya BVBA. In case of contradiction, these conditions prevail.
Papaya BVBA can change these terms and conditions without further notice. Every purchase after the change implies an acceptance by the customer of these new conditions.
Article 12: Proof
The customer accepts that electronic communications and backups can serve as proof.
Article 13: Applicable law – Competent court
Belgian law applies, with the exception of the conditions of private international law with regard to applicable law and with the Rome-I regulation on international purchase agreements concerning movable property. In case of any disputes, only the courts in Bruges are competent.
1. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the entrepreneur within a reasonable period of time.
2. If the entrepreneur applies for the intervention, the consumer shall, within five weeks of a request made by the entrepreneur in writing, make a written statement whether he wishes to do so or whether the dispute is to be dealt with by the competent court. If the entrepreneur does not hear the choice of the consumer within the period of five weeks, then the entrepreneur is entitled to submit the dispute to the competent court.
3. The Disputes Committee will not deal with a dispute or will discontinue the proceedings if the Entrepreneur has been granted a suspension of payment, has been declared bankrupt or has actually ended his business activities, before a dispute has been dealt with by the Committee at the hearing and a final verdict has been made. “
Article 14: General conditions
This site is intended to make general information available to the user about the activities of the seller.
The seller only has an obligation of best effort with regard to access to the site, the ordering process, the delivery or the other services.
Papaya BVBA makes every effort to ensure that the site is accessible to a normal number of users at any time. However, the seller has the right at any time to suspend or discontinue the site in whole or in part for maintenance, updating or for any other reason, even without prior warning.
Papaya BVBA can not be held liable for nuisance or damage caused by the use of the internet, in particular by a breakdown of the system, the intrusion of outsiders or of a virus, nor for any information posted or processed by third parties or by any means that is considered as force majeure by the courts. Papaya bvba is in no way liable for any indirect damage.
Papaya BVBA is not liable if the delivery period is exceeded due to the transporter, neither in the event of loss of the articles or in the event of a strike. The user is aware of the transport risks and must address questions to the carrier in that respect.
Article 15: Intellectual property
All parts of the site of Papaya BVBA, both the visual elements and the sound elements, including the technology used for that purpose, are protected by copyrights, brands or licenses or more generally by the intellectual property law. They are the exclusive property of Papaya BVBA.
Without prejudice to the law of 30 June 1994 concerning copyright and neighboring rights, reproduction, distribution, sale, distribution, publication, adaptations, translations, adaptations and use for commercial purposes of all or part of this site is prohibited, except with prior and written permission from Papaya BVBA.
Article 16: Personal data
When buying online via our webshop or visiting www.selvasauvage.com, the consumer authorizes Papaya BVBA to process his / her personal data for purposes such as the management of customer files, orders, deliveries and invoices, follow-up of solvency, marketing and advertisement. The use of personal information for marketing purposes and individual advertisements is only possible if the consumer explicitly agrees to this during the ordering process. Papaya BVBA will not share this information with a third party. The buyer has the right to inspect and / or modify his / her personal details. The buyer always has the right to oppose the use of his / her personal data for direct marketing purposes, without additional costs.