General Terms and Conditions of sale
Article 1. Description
The present General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the sale of products, via the website www.asianonlinestore.be. The present govern any sale of products made on the site.
The General Terms and Conditions of Sale are concluded between, on the one hand, LiFe represented by Lionell Fernandez, a natural person affiliated since 01/07/2020, registered with the Crossroads Bank of Enterprises of Belgium under the number 0748.540.387 (VAT BE0748.540.387) whose registered headquarter is located at 3 Stationsstraat, 1601 Ruisbroek (Telephone: +32 485 98 18 86), hereinafter referred to as the "Seller" and, on the other hand, the person wishing to consult the site and makes a purchase, hereinafter referred to as the "Buyer". The Buyer and the Seller are hereinafter jointly referred to as the "Parties". The Parties agree that their relationship shall be governed exclusively by the General Terms and Conditions of Sale to the exclusion of any conditions previously available on the site.
Any order of a product offered on the site (hereinafter the "Order") requires prior consultation and express acceptance of the General Terms and Conditions of Sale by the Buyer without this acceptance being conditioned by a handwritten signature on the part of the Buyer. In accordance with the provisions of the law of 9 July 2001 laying down certain rules relating to the legal framework for electronic signatures and certification services, it is recalled that the validation of the order form constitutes an electronic signature which has, between the Parties, the same value as a handwritten signature and is proof of the completeness of the order and the due date of the sums due in execution of the said order.
The General Terms and Conditions of Sale exclusively concern only the buyers, natural persons who are not traders. The Buyer who wishes to purchase a product on the site declares to have full legal capacity. Any person suffering from incapacity within the meaning of article 1123 and following of the Civil Code, may in no way purchase on the site, or must do so through the intermediary, and under the responsibility of his legal representative. This legal representative is required to comply with the General Terms and Conditions of Sale.
Article 2. Product sales
The website is collaborating with some Brussels-based shops specialised in the sale of Asian products, hereinafter referred to as the "Partners". Before accessing the product catalogue, the Buyer must first choose a store. For more information about our Partners (see Partners page).
The products offered for sale are those that appear on the site, with an updated description of their essential characteristics, at the precise moment of the consultation of the site by the Buyer, and within the limit of available stocks. The Seller uses all reasonable means to display the availability of products in real time on the site but could not be held responsible if a product was no longer available to meet the order placed by the Buyer. In the event of unavailability of one of the products ordered, the Buyer will be informed and will have the possibility either to modify his/her order, or to cancel it, in which case he/she will be refunded the amount of his/her order if he/she has already made the payment.
Photographs, texts and other descriptive elements illustrating the products are not contractual. If these photographs and/or texts are erroneous, the Seller cannot be held liable in this respect. The Seller undertakes to make its best efforts to correct any errors or omissions as quickly as possible after being informed of them.
Article 3. Product's price
The price of each product is displayed on the site (hereinafter the "Purchase Price") in euros and including VAT. But does not include the deduction of any discount or voucher granted to the purchaser on a personal basis nor the delivery costs, which are also payable by the Buyer if the he/she chooses the delivery at home option. The Seller reserves the right to modify its prices at any time, but the products will be invoiced on the basis of the purchase price in force at the time of validation of the order, and subject to availability.
At the time of ordering, the Buyer undertakes to pay the Purchase Price of the products ordered and the delivery cost if the Buyer has opted for home delivery (hereinafter the "Costs"). The Costs vary according to the type and quantity of products ordered, the delivery method chosen and the area zone of the Buyer. The Purchase Price is inclusive of VAT. The buyer can consult the amount of these costs on the site by consulting his "Shopping Cart", where a calculation of the total amount corresponding to the purchase price of the products and the costs is displayed.
The Seller reserves the right to modify the amount of the Costs at any time, but the Costs will be invoiced on the basis of the rates in force at the time of the validation of the order, and subject to availability. These Costs remain due and will not be refunded if the Buyer returns all or part of the order under his right of withdrawal.
Article 4. Order modalities
Before the Buyer can make an order on the website, the Buyer can register on the website by creating a profile ("Online Account"). The Buyer assures that the information encoded on the Website are correct and truthful. After registration, the Buyer may use the services offered on the website by logging in to the Online Account using his/her e-mail address (username) and password. The Buyer can change his/her password to comes by at any time. The Buyer is solely responsible for the use and confidentiality of his/her password, the management and use of his/her online Account.
Placing an order
To place an order, the Buyer must fill out the order form made available on the site, on which he/she will include the information necessary for his/her identification and in particular his/her surname, first name and delivery address. The seller cannot be held responsible for the consequences of communicating erroneous information. After filling out the order form, the Buyer is invited to complete the order process by clicking on "Validate my order", by which the Buyer declares that he/she fully and unreservedly accepts all the Terms and Conditions of Sale, definitively validates his/her order and undertakes to pay the full amount due, i.e. the purchase price, plus costs (e.g Home delivery), and minus any purchase vouchers.
The Seller shall confirm each order by sending an e-mail to the Buyer at the e-mail address indicated by the Buyer at the time of registration (hereinafter the "Order Confirmation").This Order Confirmation will mention in particular the order date, the reference number, the product ordered, its purchase price (VAT inclusive) and the delivery terms. The data recorded by the Seller, as well as the Order Confirmation shall constitute proof of the contractual relationship between the Parties.
The Seller has the right to refuse or cancel any order or delivery in the event of a dispute with the Buyer, total or partial non-payment of a previous order or refusal of authorisation for payment by credit card from banking organisations. In this case, the responsibility of the Seller could not, under any circumstances, be engaged.
The products offered for sale by the Seller are within the limits of available stocks. In the event of unavailability of one or more products after payment of the order, the Seller undertakes to inform the customer as soon as possible and to give him the choice between a refund, a modification of his/her order or a delivery postponed to the end of the out-of-stock condition of the product(s) concerned.
Article 5. Payment modalities
The payment of purchases can be made by credit card type Visa or Mastercard, by bank cards type "Maestro", by online payment type Paypal. When validating the order, the Buyer indicates the name that appears on his/her credit or bank card, the number of the card, its expiry date (and the control number in the case of a Visa and/or Mastercard). Some issuing banks may require an additional digipass type signature.
The validity of the payment is confirmed or not after verification by the issuing bank. If the payment is confirmed, the payment is debited, after the order has been invoiced, in accordance with the terms and conditions agreed with the bank that issued the card.
We also offer the possibility to pay the day of the Delivery with the method Cash on Delivery. Please note that Cash on Delivery is only available for Home delivery method. In order to make the exchanges easier, we kindly ask you to prepare the exact amount.
The product(s) ordered remain(s) the property of the Seller until full payment of the purchase price and costs indicated at the time of the order.
Article 6. Delivery modalities
After placing one or more products in his/her shopping basket, the Buyer must indicate his/her choice of delivery method by selecting either Pick-up at store or Home Delivery.
Responsibility of the Partner
The Partner commits to prepare all the ordered products and put them on a/some shopping bag(s), one (1) hour before the arrival of the deliverer. All frozen goods can be put on the shopping bag(s) upon the arrival of the Buyer or the Deliverer.
Pick-up at store
If Pick-up at store is chosen, the pickup point will be the store where he/she did shopping. The Order is ready to pick up two hours after the validation of the payment. Nevertheless, the Buyer will receive a second email once the fulfillment of his/her order has been made.This second email confirms that order is ready to pick up.
The day of the withdrawal at the store, the Buyer must present the invoice sent by Email. The Partners, on the other hand, must check the reference number before giving the shopping bag(s) to the Buyer. In order to be able to check the identity of the person picking up the goods, he or she may be asked to present proof of his/her identity.
If Home Delivery is chosen, the products are only delivered in all Brussel's towns and some Belgian cities for which the site authorizes delivery. Any incorrect delivery address is the responsibility of the Buyer and may result in additional charges. Delivery is made by the Seller and order is delivered to the address indicated by the Buyer. Please note, no deliveries are made on Mondays and Sundays.
The total amount due is composed of the sale price of the products, plus the Home Delivery service fees. The service fees varie from one zone to another. You can check on the Delivery conditions page, the fee for each zone. Once payment is finalized and approved, a sale's invoice is sent to the Buyer by email.
The Seller will make every effort to ensure that the order is shipped to the delivery address within 2 working days (for Brussels Area) following the validation of the order and the receipt of payment. For the orders addressed in Zone D and E, deliveries for those two zones will only be made on Fridays and Saturdays.
The deliverer will come to the address shared by the Buyer between 6pm and 8pm on working days (Tuesday to Friday) and between 2pm and 6pm on Saturdays. The deliverer will hand over the delivery bag(s) to the recipient or to any other person present at the address indicated. All the orders must be picked up at the main entrance of the building. We do not deliver the bags to the different floors of the residence.
As mention above, we also offer the possibility to pay the day of the Delivery with the method Cash on Delivery. Please note that Cash on Delivery is only available for Home delivery method. In order to make the exchanges easier, we kindly ask you to prepare the exact amount.
In case of absence, an email will be sent to the Buyer. It will then be up to the Buyer to reply the Seller to agree either on a new delivery date to the same address, or on a new delivery date to a new address, or pick-up at the store selected. If both parties agree to a new delivery date, additional delivery costs of FIVE (5) euros will be charged to the Buyer.
Failing to reply to the email within 2 days from the notice left by the deliverer or if the Buyer is absent at the time of the new delivery, the order will be automatically returned to the seller, who will contact the user to schedule a new delivery of the order. In this case, additional delivery costs of 10 euros will be charged to the Buyer.
The delivery time indicated is only indicative. Failure to comply with it shall not give rise to any claim for damages on the part of the Buyer.
Incorrect delivery address
Any incorrect delivery address is the responsibility of the Buyer and may result in additional charges. Therefore, please contact our customer service via email@example.com as soon as possible. Before the shipment, the Buyer has until 10 am following the day of the finalization of the order to notify the change of address or cancel his/her order.
If the deliverer is already on his/her way to the wrong delivery address, an email will be sent to the Buyer. Both parties will agree on a new delivery date to the new address, or pick-up at the store selected. If both parties agree to a new delivery date, additional delivery costs of FIVE (5) euros will be charged to the Buyer.
Any incorrect delivery address is the responsibility of the Buyer and may result in additional charges. The delivery times indicated are not binding but are given as an indication only. If we encounter a problem that may cause a delay, the Seller will notify the Buyer by e-mail and let him/her know the likely waiting period and/or propose an alternative. No delay in delivery may give rise to cancellation of the order or payment of damages to the Buyer. In the event of non-delivery of the goods, any sums paid by the Buyer will be reimbursed without interest or any other form of compensation.
It is up to the user to check the orders on arrival and to formulate any complaints that appear justified. If there are any complaints following the reception of the order, user must send an email to the address firstname.lastname@example.org, subject "Claim of delivery", with 3 photos in support, all this within 4 hours after receipt of the order.
Cancellation of the order
If the Buyer wishes to cancel an order prior to the actual preparation of the products or delivery, the Seller requests them to do so as soon as possible, and preferably within the time limits set out. The Buyer has until 10 am following the day of the finalization of the order.
Article 7. Rights of withdrawal/Cooling-off period
In consumer rights legislation and practice, the right of withdrawal or also known as cooling-off period is a period of time following a purchase when the purchaser may choose to cancel a purchase, and return goods which have been supplied, for any reason, and obtain a full refund.
In accordance with Article 47 of Book VI of the Economic Law Code, the Buyer may find below a withdrawal template form for an order placed on the site, to be sent to LiFe by registered mail with acknowledgement of receipt. It is understood that the Buyer shall bear the cost of returning the goods in the event of retraction, as well as the cost of returning the goods if, due to its nature, the goods cannot normally be returned by post, and that this retraction can only take place under the conditions of retraction stipulated in these general terms and conditions of sale.
Period of retraction
Consumers have the right, within a period of 14 days and giving the reason, to renounce the agreement between the Buyer and the Seller. This period starts on the day after the Buyer takes possession of the products by or on behalf of the Buyer ("Withdrawal Period"). During the Withdrawal Period, the Buyer shall take care of the products delivered and their packaging. The Buyer shall only unpack or use the products to the extent necessary to determine whether or not he wishes to keep the products.
Immediately and in any event within 14 days from the day on which the Buyer has notified the Seller of its decision to withdraw from the Agreement ("Return Period"), the Buyer must return the products according to one of the following methods: The Buyer shall return the products by mail (at his own expense); The Buyer asks the Seller to come and collect the products via his Delivery service. The costs claimed by the Seller from the Buyer for this means of return shall be €10, unless this return is made within the Return Period for a new Order giving rise to a purchase, in which case no return costs shall be claimed.
The Buyer is only liable for any loss of value of the products that would result from a use of these products exceeding what is necessary to establish the nature, the brand or the proper functioning of the products.
Exception to the right of withdrawal
Under the Belgian regulation, the consumer will not be able to retract in certain special cases, these exceptions being limitatively listed by the Code of Economic Law.
The consumer may not exercise the right of withdrawal under Article VI.53 for :
4° the supply of goods likely to deteriorate or expire rapidly (= less than 60 days) For example: flowers, fruit and vegetables, meat and fish, dairy products, delicatessen and delicatessen products, bakery and pastry products, frozen products, etc.
5° the supply of sealed goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed by the consumer after delivery.
(Please complete and return this form only if you wish to withdraw from the contract). For the attention of LiFe, 3 Stationsstraat, 1601 Ruisbroek, Belgium (email@example.com)
I/we (*) hereby notify you/us (*) of my/our (*) withdrawal, in accordance with article 53 of book VI of the Code of Economic Law, of the contract concerning the order placed on the asianonlinestore.be website and relating to the following good:
Ordered on (*)/received on (*) :
Name of the Customer(s) :
Address of the Customer(s) :
We are expecting your full cooperation, please accept, Sir, Madam, my sincere greetings.
Signature of Customer(s) (only if this form is notified on paper) :
(*) Strike out what does not apply.
The Seller collects personal data concerning the Buyer, which are communicated to the Seller on the site or by e-mail. The Seller undertakes not to disclose thess datas to third parties. These datas is confidential. They will only be used by its internal services for the processing of orders, in the aim to strengthen and personalise communication, in particular by newsletters as well as in the context of the personalisation of the site according to the preferences noted by the Buyer, or for the monitoring of solvency.
The Seller therefore does not sell, does not market, and does not rent to third parties the information concerning the buyers. In case of transfer or use by third parties of personal data, the Seller commits itself to inform the Buyer beforehand and to allow him to exercise his/her right of opposition. The Seller may also provide consolidated statistics relating to its buyers, sales, trade structure and information on the site to trusted third parties, but these statistics will not contain any personal data.
Article 9. Responsibility of the seller
The Seller only contracts obligations of means, for all stages of access to the site, from the order to the delivery or subsequent services. The Seller cannot be held liable for any inconvenience or damage inherent to the use of the Internet network, in particular a break in service, an external intrusion or the presence of computer viruses, or for any fact that could be qualified as force majeure. In any event, the Seller's liability under the terms of these Terms and Conditions may not exceed a sum equal to the sums paid or payable during the transaction giving rise to the said liability, whatever the cause or form of the action concerned.
The Seller shall not be liable for force majeure such as a delay in the performance or non-fulfilment of its commitments due to events beyond its normal control, including production interruptions, supply difficulties or shortages of raw materials, labour, energy or transport, or delays in transport, strikes, lockouts, work stoppages or other collective labour disputes affecting it or its suppliers, even if such events were foreseeable.
Article 10. Contact
In case of questions about his/her purchase, the buyer has the possibility to contact the seller by means of the e-mail address firstname.lastname@example.org available in the "Contact" section of the site. The Seller commits to answer the Buyer's request as soon as possible.
A "Cookie" allows the identification of the user of a site, the personalization of his consultation of the site and the acceleration of the display of the site thanks to the recording of a data file on his computer. The site is likely to use "Cookies" mainly for :
1) obtain browsing statistics to improve the User's experience, and
2) allow access to a member account and content that is not accessible without logging in.
The User acknowledges being informed of this practice and authorizes the site editor to use it. The publisher undertakes never to communicate the content of these "Cookies" to third parties, except in case of legal requisition. The Buyer may refuse the registration of "Cookies" or configure his browser to be warned before accepting "Cookies".
To do so, the User will proceed to the configuration of his/her browser:
- For Internet Explorer: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
- For Safari: https://support.apple.com/fr-fr/ht1677
- For Google Chrome: https://support.google.com/chrome/answer/95647?hl=fr&hlrm=en&safe=on For Firefox: https://support.mozilla.org/fr/kb/activer-desactiver-cookies
- For Opera: http://help.opera.com/Windows/10.20/fr/cookies.html
Are you using another browser ? Check if the procedure for your browser is included on the www.allaboutcookies.org/manage-cookies website.
Article 12. Access to the website
The responsibility of the site editor cannot be engaged because of a technical unavailability of the connection, whether it is due in particular to a case of force majeure, maintenance, updating, modification of the site, an intervention of the host, an internal or external strike, a network breakdown, a power cut, or a bad configuration or use of the user's computer.
Article 13. General terms and conditions of sale validity
These general terms and conditions of sale apply for the entire duration of the online services offered by the seller.
The Seller reserves the right to modify the Terms and Conditions of sale and will communicate the new version to the buyers via the site. Last version modified on July 11th, 2020.
If one or more stipulations of the General Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will retain their full force and scope. The General Terms and Conditions and the order summary sent to the Buyer form a contractual whole and constitute the entirety of the contractual relations between the Parties. In the event of contradiction between these documents, the General Terms and Conditions shall prevail.
Article 14. Archiving
The Seller will keep purchase orders and invoices on a reliable and durable medium constituting a true copy. The computerized registers will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 15. Applicable Law
These general conditions are subject to Belgian law. In the event of a dispute, an amicable solution will be sought before any legal action is taken. In the absence of an amicable settlement, the courts of the district in which the good(s) is (are) located will be declared as competent to intervene and resolve the situation.