General conditions of sale

Article 1 - Definitions

Subsequently designated as:

• "Site": the site https://orcaretail.com/ And all of its pages.
• "Products": the set of products (materials) and services (intangible) that it is possible to buy or to which it is possible to subscribe to the site.
• "Company": the person, moral or physical, responsible for the publishing and content of the site, and presented in the legal notices of the site.
• "User": the visiting user and using the site.
• "Customer": the user making a product or service purchase on the site.

Article 2 - Field of application

These general conditions of sale ("GTC") apply to any order carried out on the site https://orcaretail.com/ by any customer. The site is operated by Pennel & Flipo SA, whose headquarters are located boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium and registered in the Banque-Carrefour des Entreprises under the corporate number 0885940788.

These general conditions apply without restriction or reservations to all sales concluded by the company with customers of the same category, whatever the clauses that can appear on customer documents, and in particular its general conditions of purchase.

In accordance with the regulations in force, these general conditions of sale are systematically communicated to the Customer who requests it, to allow him to place an order with the company.

Any order of products implies, on the part of the customer, the acceptance of these general conditions of sale and the general conditions of use of the company's website for electronic orders.

The information on the catalogs, prospectus and prices of the company is given as an indication and is revisable at any time. The company is entitled to make any modifications that will appear useful to it.

Changes in these general conditions of sale are enforceable against users of the site from their online putting and cannot apply to the concluded transactions previously.

Article 3 - Characteristics of the products offered

The products offered are those which appear in the catalog published on the site. These products are offered within the limits of available stocks. Each product is accompanied by a description established by the company according to the descriptions provided by the company. The photographs of the catalog products reflect a faithful image of the products offered but are not contractual insofar as they cannot ensure perfect similarity with physical products. The customer service of this site is accessible by email to the following address: retail@orca.eu or by post to the address indicated in the legal notices, in which case the Company undertakes to provide a response within 14 days.

The products presented on the site are offered for sale for the following territories: Germany, Austria, Belgium, Bulgaria, Croatia, Denmark, Spain, Estonia, Finland, France, Hungary, Ireland, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Czech Republic, Romania, Slovakia, Slovenia, Sweden, United Kingdom and Switzerland.

In the event of an order to a country other than Belgium, the professional customer is the importer of the product (s) concerned.

Customs duties or other local taxes or import rights or state taxes are likely to be due. They will be the responsibility and are the sole responsibility of the customer.

Article 4 - Prices

The products are provided at the prices of the company in force on the day of the order, and, if necessary, in the specific commercial proposal addressed to the customer. These prices are firm and not revisable during their period of validity, as indicated by society.

These prices are expressed in euros, HT (excluding taxes), factory departure and packaging in addition. They do not include cutting costs, transport, customs fees, or any VAT costs and insurance that remain the responsibility of the customer.

Transport costs payable by the customer vary depending on the weight of the package (s), for more information consult the delivery table of deliveries (link to Table weight/Price delivery).

Special tariff conditions can be practiced according to the specificities requested by the Customer concerning, in particular, the delivery methods and deadlines, or the deadlines and conditions of settlement. A particular commercial offer will then be sent to the customer by the company.

These prices are firm and not revisable during their validity period, as indicated on the website, the company reserving the law, excluding this period of validity, to modify prices at any time.

In the event of a price error, if it was manifestly derisory compared to the actual value of the product, the company reserves the right to cancel the order.

Possible specific orders of the customer can be envisaged. If necessary, they will be the subject of a prior quote accepted by the latter. The quotes established by the company are valid for a period of 30 days, from their date of establishment.

An invoice is established by the company and awarded to the customer when delivery of the products ordered.

Article 5 - Online purchase methods

The intangible object bringing together all the goods selected by the user of the Site with a view to a purchase in these objects is defined below. As soon as the Internet user believes he has selected and added to his basket all the items he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. It will then be redirected to a summary page on which it will take note or where the number and characteristics of the products ordered, as well as their unit price will be communicated to it.

If he wishes to validate his order, the Internet user will have to check the box relating to the ratification of these general conditions of sale and click on the validation button. The Internet user will then be redirected on a page in which he will have to fill out the fields of the order form. In the latter case, he must provide a certain number of personal data concerning him, necessary for the smooth running of the order. The information issued by the Customer when taking the order engages it. In the event of an incomplete error or mention in the wording of the recipient's contact details, the company cannot be held responsible for non -receipt or the instance of a package or the final quality of delivery.

As soon as the Internet user has completed the form, he will then be invited to make his payment with the means of payments listed in the section of these general conditions relating to payments. After a few moments, the Internet user will be sent to an order confirmation email, reminding him of the content of the order and the price thereof. The products and items sold remain the property of the seller until full payment of their price, in accordance with this reserve of ownership clause.

Any modifications requested by the Customer cannot be taken into account, within the limits of the company's possibilities and at its sole discretion, only if they are notified in writing when ordering the products ordered, and with the signature by the Customer of a specific order form and possible price adjustment.

Article 6 - Payment methods

The price is payable cash, entirely on the day of placing the order by the Customer, by secure payment by bank cards: bank card, visa, mastercard, American Express, other bank cards.

Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer can request the cancellation of payment and the restitution of the corresponding sums.

Payment data is exchanged in encrypted mode thanks to the TLS 1.2 protocol and more recent visions of the TLS protocol.

The data recorded by the company constitutes proof of all the transactions between the company and its customers. The contract is archived in computer form. The data recorded by the secure payment system constitutes proof of financial transactions.

Article 7 - Shipping and delivery time

The products acquired by the customer will be delivered within a maximum period of 96 working hours from receipt by the company of the order form and net payment of the order.

The responsibility of the company may in no case be engaged in the event of delay or suspension of delivery attributable to the Customer or in the event of force majeure.

Delivery will be made to the address indicated by the Customer by issuing the company's premises, to a sender or carrier, of products traveling at the customers' risks.

The delivery and presentation of the products may take place in any other place designated by the Customer, subject to indication of their share of the delivery level before the shipment of the products, at the exclusive costs of the customer.

Similarly, in the event of specific requests from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the Company, the related costs will be subject to additional additional invoicing.

The customer is required to check the apparent condition of the products when delivery. In the absence of reservations expressly issued by the Customer during delivery, the products issued by the supplier will be deemed to be compliant in quantity and quality to the order.

Delivery is made up of the transfer to the customer of physical possession or the control of the product.

Except in special cases or unavailability of one or more products, the products ordered will be delivered in one go.

The company is responsible for the risk of transport and is required to reimburse the non -professional customer in the event of damage caused during transport.

In the event of a specific request from the Customer concerning the conditions of packaging or transport of the products ordered, duly accepted in writing by the seller, the costs linked there will be subject to additional additional invoicing, on quote previously accepted by writing by The customer.

Any customer is required to check the condition of the products delivered. It has a period of 15 days from delivery to formulate in writing (post or email) any reservations or complaints for non-compliance or apparent defect of delivered products (for example damaged parcel already open ...) , with all the related supporting documents (photos in particular). After this period and failing to have respected these formalities, the products will be deemed to be in accordance with any apparent defect and no complaint can be validly accepted by the company.

The company will reimburse or replace as soon as possible and at its expense, the products delivered whose defects of conformity or the apparent or hidden defects will have been duly proven by the Customer, under the conditions provided for by law and those provided for in these conditions General sales (see article 10 “Guarantee of products purchased on this Site”).

Article 8 - Transfer of ownership and risk transfer

The transfer of ownership of products, for the benefit of the customer, will only be made after full payment of the price by the latter, regardless of the date of delivery of said products.

The transfer to the professional customer of the risks of loss and deterioration will be carried out as soon as the order form is accepted by the company, materializing the agreement of the parties on the thing and on the price, regardless of the transfer of ownership.

Whatever the date of the transfer of ownership of the products, the transfer of the risks of loss and deterioration relating to it, will not be carried out until the non -professional customer physically takes possession of the products. Products therefore travel to the seller's risks and dangers.

Article 9 - Right of withdrawal

In accordance with the legal provisions in force, the non -professional customer has a period of fourteen days from receipt of the product to exercise his right of withdrawal from the company, without having to justify reasons or to pay penalty, to End of exchange or reimbursement, provided that the products are returned to their original packaging and in perfect condition within 14 days of the communication of the withdrawal decision accompanied by the notification to the seller of the customer withdrawal decision .

The returns are to be made in their original and complete condition (packaging, accessories, instructions ...) allowing their delivery on the new market, accompanied by the purchase invoice.

Damaged, salis or incomplete products are not included.

The right of withdrawal can be exercised online, using the withdrawal form available on the website (link), in which case an acknowledgment of receipt on a lasting medium will be immediately communicated to the customer by the company, or any other Declaration, devoid of ambiguity, expressing the will to retract.

In the event of the exercise of the right of withdrawal within the aforementioned period, only the price of the product (s) purchased and the delivery costs are reimbursed; The return costs remaining the customer.

The refund will be made within 14 days of receipt by the Product Company.

ARTICLE 10 - Product guarantee purchased on this site

All articles acquired on this site benefit from the following legal guarantees provided for in articles 1641 and following of the Civil Code:

Guarantee all customers:

The seller is required to deliver a property in accordance with the contract and to respond to existing compliance defects during the issuance of the property. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product, and the seller responds to any lack of conformity which would become visible within two from it.

When the defect appeared within 6 months of this date, the seller is presumed to have been present upon delivery of the property. On the other hand, after this period of 6 months, it will be up to the customer to prove that the defect existed well at the time of taking possession of the property.

Guarantee of hidden defects:

The customer may request the exercise of the guarantee of hidden defects if the defects presented did not appear when purchasing, were prior to the purchase (and therefore not resulting from the normal wear of the product for example), and are sufficiently serious (the defect must either make the product unfit for the use for which it is intended, or decrease this use to a extent that the buyer would not have bought the product or would not have bought it from a such a price if it had experienced the defect).

The products provided by the seller on this site benefit, in addition to the legal guarantee which is, if necessary, always applicable, from a guarantee specific to the site and provided by Pennel & Flipo SA, under the following conditions: 5 years for the Fabrics and 12 months for products with an optimal (DLUO) deadline.

Complaints, requests for exchange or refund for a non -compliant product must be made by post or email to the addresses indicated in the legal notices of the site. The shipping costs of the goods are borne by the buyer.

In the event of non-compliance with a delivered product, it may be returned to the seller who will exchange. In the event of impossibility of exchange of the product (obsolete product, stock shortage, etc.) The buyer will be reimbursed for the amount of his order on the card used for payment.

Article 11 - Customer Service

For any information or question, our customer service is at your disposal:

• On the website: https://orcaretail.com
• By e-mail: retail@orca.eu

Article 11 - Intellectual property

The company retains all industrial and intellectual property rights relating to products, photos and technical documentation which cannot be communicated or executed without its written authorization.

Article 12- Personal data

Personal data collected from customers are subject to computer processing carried out by the company. They are saved in its customer file and are essential for processing its order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. They will be kept as long as necessary for the execution of orders and possibly applicable guarantees.

The data controller is the company. Access to personal data will be strictly limited to the employees of the controller, authorized to process them due to their functions. The information collected may possibly be communicated to third parties linked to the company by contract for the execution of subcontracted tasks, without the authorization of the customer being necessary.

As part of the execution of their services, third parties have only a limited access to data and have the obligation to use them in accordance with the provisions of the applicable legislation in terms of personal data protection. Apart from the cases stated above, the company refrains from selling, renting, giving or giving access to third parties to data without prior consent of the customer, unless it is forced due to a legitimate reason.

If the data are led to be transferred outside the EU, the buyer will be informed and the guarantees taken to secure the data (for example, adoption of types of protection validated by the data protection authority, Adoption of a code of conduct, obtaining a certification, etc.) will be specified to it.

In accordance with the applicable regulations, the Customer has the right to access, rectify, erase, and portability of data concerning him, as well as the right to oppose the processing for legitimate reasons, rights he Can exercise by addressing the following postal treatment or email controller: boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium or dpo@orca.eu.

In the event of a complaint, the Customer can send a complaint to the data protection authority.

To find out more: Data Protection Policy link.

Article 13 - Unforeseen

In the event of a change in unpredictable circumstances at the conclusion of the contract, the party which has not agreed to assume an excessively expensive risk of execution can request a renegotiation of the contract to its contracting partner.

Article 14 - Force majeure

The parties cannot be held responsible if the non-execution or the delay in the execution of any of their obligations, as described in these result from a case of force majeure.

Article 15 - Condition of conditions

If a provision of the general conditions is deemed illegal, zero or for any other inapplicable reason, then this provision will be deemed divisible to the conditions and will not affect the validity and the applicability of the remaining provisions. These conditions describe the entire agreement between the user and the website. They replace all previous or contemporary written or oral agreements. The general conditions are not transferable, transferable or underscore by the user himself. A printed version of the conditions and all opinions given in electronic form may be requested in legal or administrative procedures in relation to general conditions. The parties agree that all the correspondence relating to these general conditions must be written in the French or English language.

Article 16 - Applicable law and mediation

These General Conditions are subject to the application of Belgian law, except for foreign imperative. They can be modified at any time by the publisher of the site or its agent. The general conditions applicable to the user are those in force on the day of their order or its connection or this site. The company obviously undertakes to keep all of its old general conditions and to send them to any user who would request them.

Unless provisions of public order, all disputes that may arise within the framework of the execution of these General Conditions may before any legal action be subject to the assessment of the publisher of the site for an amicable settlement. It is expressly recalled that requests for amicable settlement do not suspend the deadlines open to bring legal actions.

Any dispute arising from the interpretation and execution of these General Conditions of Sale stands out of the exclusive jurisdiction of Belgian courses and courts. Unless otherwise stated legal provisions, only the courts of the Judicial districts of Hainaut are competent to read the disputes either between customers and Pennel & Flipo SA.

Consumption mediation

In accordance with the book XVI of the Code of Economic Law, Pennel & Flipo SA offers its private customers, in the context of disputes which would not have found resolution in an amicable manner, the mediation service for the consumer, whose contact details are The following:

Consumer mediation service

Boulevard du Roi Albert II 8, 1000 Brussels

Such. : +32 2 702 52 20

Fax: + 32 2 808 71 29

Email: contact@mediationconsommateur.be

Site : https://mediationconsommateur.be

It is recalled that mediation is not compulsory but only proposed in order to resolve disputes by avoiding the use of justice.

Article 17 - Customer acceptance

These general conditions of sale as well as the prices indicated on the site, are expressly approved and accepted by the customer, who declares and acknowledges having a perfect knowledge, and therefore renounces to take advantage of any contradictory document and, In particular, its own general conditions of purchase.