General sales conditions (20/12/2024) v2
Article 1 - Definitions
Hereinafter referred to as :
- "Site": the site https://orcaretail.com/ and all its pages.
- "Products": all products (tangible) and services (intangible) that can be purchased or subscribed to on the site.
- "Company": The person, legal or physical, responsible for the publication and content of the site, and presented in the site's legal notice.
- "User": The Internet user visiting and using the site.
- "Customer": The Internet user purchasing a product or service on the site.
Article 2 - Scope of application
The present General Terms and Conditions of Sale ("GTCS") apply to all orders placed on the site. https://orcaretail.com/ by any customer. The site is operated by PENNEL & FLIPO SA, headquartered at Boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium and registered with the Banque-Carrefour des Entreprises under company number 0885940788.
These general terms and conditions apply without restriction or reservation to all sales concluded by the company with customers of the same category, whatever clauses may appear in the customer's documents, and in particular his general terms and conditions of purchase.
In accordance with current regulations, these General Terms and Conditions of Sale are systematically communicated to any Customer who requests them, to enable him to place an order with the company.
Any order for Products implies acceptance by the Customer of these General Terms and Conditions of Sale and of the general terms and conditions of use of the Company's website for electronic orders.
The information contained in the Company's catalogs, prospectuses and price lists is given for information only and may be revised at any time. The Company is entitled to make any changes it deems necessary.
Modifications to these General Terms and Conditions of Sale are enforceable against users of the site as from the date they are put on line, and cannot be applied to transactions concluded previously.
Article 3 - Characteristics of products offered
The products offered are those shown in the catalog published on the site. These products are offered while stocks last. Each product is accompanied by a description drawn up by the company according to the descriptions provided by the company. The photographs of the products in the catalog reflect a faithful image of the products offered, but are not contractual insofar as they cannot ensure a perfect similarity with the physical products. Customer service can be reached by e-mail at the following address: retail@orca.eu or by post to the address indicated in the legal notice, in which case the company undertakes to reply within 14 days.
The Products presented on the site are offered for sale in the following territories: Austria, Belgium, Bulgaria, Croatia, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom.
Not eligible: Greece, Malta, Cyprus.
In the case of orders to countries other than Belgium, the professional customer is the importer of the Product(s) concerned.
Customs duties or other local taxes or import duties or state taxes may be payable. They are the sole responsibility of the Customer.
Article 4 - Prices
Products are supplied at the Company's prices in force on the day the order is placed, and, where applicable, in the specific commercial proposal sent to the Customer. These prices are firm and non-revisable during their period of validity, as indicated by the Company.
These prices are expressed in Euros, exclusive of tax, ex-works and packaging. They do not include cutting costs, transport, customs duties, any VAT charges or insurance, all of which remain the responsibility of the Customer.
Transport costs payable by the customer vary according to the weight of the parcel(s). For further information, please consult the delivery price table (link to weight/delivery price table).
Special pricing conditions may be applied according to the Customer's specific requirements, notably concerning delivery terms and deadlines, or payment terms and conditions. In such cases, the Company will send the Customer a special commercial offer.
These prices are firm and non-revisable during their period of validity, as indicated on the website, the Company reserving the right, outside this period of validity, to modify prices at any time.
In the event of a price error, if the price is manifestly derisory in relation to the real value of the Product, the Company reserves the right to cancel the order.
Specific customer orders may be considered. Where applicable, they will be subject to a prior quotation accepted by the customer. Quotations issued by the company are valid for 30 days from the date of issue.
An invoice is issued by the Company and given to the Customer upon delivery of the Products ordered.
Article 5 - On-line purchasing methods
A "Shopping Cart" is defined below as the immaterial object grouping together all the goods selected by the site user for purchase, having clicked on these objects. Once the Internet user considers that he has selected and added to his basket all the items he wishes to purchase, he will be able to validate his order by accessing his basket by clicking on the button provided for this purpose. They will then be redirected to a summary page, where they will be informed of the number and characteristics of the products ordered, as well as their unit price.
If you wish to validate your order, you must tick the box indicating your acceptance of these terms and conditions of sale and click on the validation button. You will then be redirected to a page where you will be asked to fill in the order form fields. In the latter case, he/she will be asked to enter a certain number of personal details, necessary for the order to be processed correctly. The information provided by the Customer when placing an order is binding. In the event of error or incompleteness in the recipient's details, the company cannot be held responsible for the non-receipt or pending receipt of a parcel, nor for the final quality of the delivery.
Once the Internet user has completed the form, he/she will be invited to make payment using the payment methods listed in the payment section of these general terms and conditions. After a few moments, the Internet user will receive an order confirmation e-mail, reminding him/her of the contents of the order and its price. The products and articles sold remain the property of the seller until full payment of their price, in accordance with this reservation of title clause.
Any modifications requested by the Customer will only be taken into account, within the limits of the Company's possibilities and at its sole discretion, if they are notified in writing at the time of ordering the Products ordered, and with the signing by the Customer of a specific order form and possible price adjustment.
Article 6 - Terms of payment
The price is payable in cash, in full, on the day the order is placed by the Customer, by means of secure payment by bank cards: Carte Bancaire, Visa, MasterCard, American Express, other bank cards.
Payment by credit card is irrevocable, except in the event of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
Payment data is exchanged in encrypted mode using the TLS 1.2 protocol and more recent versions of the TLS protocol.
The data recorded by the Company constitutes proof of all transactions between the Company and its customers. The contract is archived in electronic form. The data recorded by the secure payment system constitutes proof of financial transactions.
Article 7 - Shipping and delivery times
Products purchased by the Customer will be delivered within a maximum of 96 working hours from receipt by the Company of the order form and net payment for the order.
The Company shall not be held liable for any 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 delivery to the Company's premises, to a shipper or carrier, with the products travelling at the Customer's risk.
Delivery and handover of the Products may take place at any other location designated by the Customer, subject to the Customer's indication of the delivery level prior to shipment of the Products, at the Customer's exclusive expense.
Similarly, in the event of special requests by the Customer concerning the packaging or transport conditions of the products ordered, duly accepted in writing by the Company, the related costs will be subject to specific additional invoicing.
The Customer must check the apparent condition of the products upon delivery. In the absence of reservations expressly expressed by the Customer at the time of delivery, the Products delivered by the Supplier shall be deemed to conform in quantity and quality to the order.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in a single shipment.
The Company assumes the risks of transport and is obliged to reimburse the non-professional Customer in the event of damage caused during transport.
In the event of a special request by the Customer concerning the packaging or transport conditions of the Products ordered, duly accepted in writing by the Vendor, the related costs will be subject to specific additional invoicing, on the basis of an estimate previously accepted in writing by the Customer.
All customers are required to check the condition of the products delivered. They have a period of 15 days from delivery to express any reservations or complaints in writing (by post or e-mail) concerning non-conformity or apparent defects of the Products delivered (e.g. damaged package already opened, etc.), with all relevant supporting documents (in particular photos). Once this period has elapsed and if these formalities have not been complied with, the Products will be deemed to be in conformity and free from any apparent defect, and no claim will be validly accepted by the Company.
The Company will reimburse or replace, as soon as possible and at its own expense, the Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for by law and those set out in these General Terms and Conditions of Sale (see Article 10 "Warranty for products purchased on this site").
Article 8 - Transfer of ownership and risks
The transfer of ownership of the Products to the Customer will only take place after full payment of the price by the Customer, regardless of the delivery date of the Products.
The transfer to the professional Customer of the risks of loss and deterioration will take place upon acceptance of the purchase order by the Company, materializing the agreement of the parties on the item and on the price, independently of the transfer of ownership.
Whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration relating thereto will only take place when the non-professional Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk.
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 his reasons or pay any penalty, for the purpose of exchange or reimbursement, provided that the Products are returned in their original packaging and in perfect condition within 14 days of communication of the decision to withdraw, together with notification to the Vendor of the Customer's decision to withdraw.
Returns must be made in their original, complete condition (packaging, accessories, instructions, etc.) to enable them to be remarketed as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete products will not be accepted.
The right of withdrawal may be exercised online, using the withdrawal form available on the website (link), in which case an acknowledgement of receipt on a durable medium will be immediately communicated to the Customer by the Company, or any other unambiguous statement expressing the wish to withdraw.
If the right of withdrawal is exercised within the aforementioned period, only the price of the Product(s) purchased and the delivery charges will be reimbursed; the cost of returning the Product(s) will be borne by the Customer.
Reimbursement will be made within 14 days of receipt of the Products by the Company.
Article 10 - Warranty for products purchased on this site
All items purchased on the present site benefit from the following legal warranties provided for in articles 1641 et seq. of the French Civil Code:
Warranty for all customers :
The seller is obliged to deliver goods in conformity with the contract and to respond to defects in conformity existing during the delivery of the goods. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the product, and the seller is liable for any lack of conformity which becomes visible within two years of this date.
If the defect appears within 6 months of this date, the seller is presumed to have been present at the time of delivery. After this 6-month period, however, it is up to the customer to prove that the defect was present when he took possession of the goods.
Warranty against hidden defects :
The customer may claim under the latent defect warranty if the defects presented did not appear at the time of purchase, predate the purchase (and therefore do not result from normal wear and tear of the product, for example), and are sufficiently serious (the defect must either render the product unfit for the use for which it is intended, or diminish this use to such an extent that the buyer would not have purchased the product or would not have purchased it at such a price had he known of the defect).
The products supplied by the seller on the present site benefit, in addition to the legal guarantee which is, where applicable, always applicable to them, from a guarantee specific to the site and supplied by PENNEL & FLIPO SA, under the following conditions: 5 years for fabrics and 12 months for products with a use-by date (DLUO).
Complaints, requests for exchange or reimbursement for a non-conforming product must be made by post or by e-mail to the addresses indicated in the site's legal notices. Return postage costs are at the buyer's expense.
In the event of non-conformity of a delivered product, it may be returned to the seller, who will exchange it. If the product cannot be exchanged (obsolete product, out of stock, etc.), the purchaser will be reimbursed for the amount of the 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 the Products, photos and technical documentation, which may not be communicated or executed without its written authorization.
Article 12- Personal data
Personal data collected from Customers is processed by the Company. It is recorded in the Customer file and is essential for the processing of the order. This information and personal data is also kept for security purposes, in order to comply with legal and regulatory obligations. It will be kept for as long as is necessary for the execution of orders and any applicable guarantees.
The data controller is the Company. Access to personal data will be strictly limited to employees of the data controller, authorized to process such data by virtue of their functions. The information collected may be communicated to third parties linked to the company by contract for the performance of subcontracted tasks, without the customer's authorization being required.
In the course of performing their services, third parties have only limited access to the data and are obliged to use it in accordance with the provisions of the applicable legislation on the protection of personal data. Apart from the cases set out above, the Company will not sell, rent, transfer or give access to third parties to data without the prior consent of the Customer, unless it is obliged to do so for a legitimate reason.
If data is to be transferred outside the EU, the Buyer will be informed and the guarantees taken to secure the data (e.g. adoption of standard protection clauses validated by the Data Protection Authority, adoption of a code of conduct, obtaining certification, etc.) will be specified.
In accordance with the applicable regulations, the customer has the right to access, rectify, delete and port data concerning him/her, as well as the right to object to the processing for a legitimate reason. These rights may be exercised by contacting the data controller at the following postal or e-mail address: Boulevard de l'Eurozone, 102. 7700 Mouscron, Belgium or dpo@orca.eu.
In the event of a complaint, the Customer may lodge a complaint with the Data Protection Authority.
For more information: link to Data Protection Policy.
Article 13 - Unforeseeability
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
Article 14 - Force majeure
The Parties shall not be held liable if the non-performance or delay in performance of any of their obligations as described herein is due to force majeure.
Article 15 - Framework of conditions
If any provision of the Terms and Conditions is held to be illegal, invalid or for any other reason unenforceable, then such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions. These Terms describe the entire agreement between the User and the Website. They supersede all prior or contemporaneous written or oral agreements. The Terms and Conditions are not assignable, transferable or sub-licensable by the User. A printed version of the Terms and Conditions and of all notices given in electronic form may be requested in judicial or administrative proceedings relating to the Terms and Conditions. The parties agree that all correspondence relating to these terms and conditions shall be in the English or French language.
Article 16 - Export controls
The CLIENT undertakes to comply with all laws and regulations applicable to the supply, sale, transfer, export, re-transfer, re-export of the Products, including in particular those relating to trade sanctions (including but not limited to total or sectoral embargoes, sanctions relating to prohibited legal or natural persons) and those relating to export control (including but not limited to military or dual-use products), hereinafter referred to as "Trade Restrictions". For the avoidance of doubt, all applicable laws and regulations may include those of the United Nations, the European Union, the OSCE or the United States of America.
The CUSTOMER shall not, directly or indirectly, by its actions, expose the Seller to any risk of violation of the applicable Trade Restrictions. In particular, the CUSTOMER undertakes not to sell, export, re-export, transit, directly or indirectly, to, in or via Russia, Belarus or the Sanctioned Regions of Ukraine (i.e. the Crimea region and the oblasts of Donetsk, Kherson, Luhansk and Zaporijjia oblasts or any other region of Ukraine which may be sanctioned in the future) of goods supplied by the Seller which fall within the scope of applicable sanctions regimes imposed by the relevant jurisdictions (notably the United States of America or the European Union).
The CLIENT certifies that, at the date of signature of the Contract, neither the CLIENT, nor any of the affiliates of its Group, nor any of their respective directors or officers, are Sanctioned Persons. The CLIENT undertakes to notify the seller immediately if any of the legal or natural persons mentioned above (the CLIENT, the affiliates of its Group or any of their respective directors or officers) become Sanctioned Persons.
The Customer acknowledges that the Michelin Group has defined Group Positions, which consist of a list of countries to which Michelin refuses and prohibits any direct or indirect sale (including transit through these countries) and which, at the date of the Contract are: Cuba, Iran, North Korea and Syria. These Group Positions apply to any Product sold as a spare part or as part of a larger assembly (such as an assembled unit, land vehicle, aircraft, etc....). The Customer undertakes to respect these Positions. The Customer is obliged to comply with changes to this list of countries only insofar as they have been notified to him in writing.
The CUSTOMER agrees to indemnify and hold the seller harmless from and against any and all losses, costs, actions, damages, liabilities, expenses, including attorneys' fees, and transaction or court costs, resulting from any violation of the Trade Restrictions or Michelin Group Positions by the CUSTOMER.
The CLIENT shall be liable for any act or omission committed in the performance of its obligations under this clause, whether committed by itself, its officers, employees, affiliates, agents, suppliers or subcontractors, whoever they may be.
Article 17 - Applicable law and mediation
The present general terms and conditions are subject to Belgian law, unless otherwise stipulated. They may be modified at any time by the site editor or his representative. The general terms and conditions applicable to the user are those in force on the day of his/her order or connection to the present site. The company undertakes, of course, to keep all its previous general terms and conditions and to send them to any user who requests them.
Except in the case of public policy provisions, all disputes arising in connection with the execution of the present general terms and conditions may, prior to any legal action, be submitted to the site editor for amicable settlement. It is expressly pointed out that requests for amicable settlement do not suspend the time limits for taking legal action.
Any dispute arising from the interpretation and execution of these General Terms and Conditions of Sale shall fall under the exclusive jurisdiction of the Belgian courts. Unless otherwise provided by law, only the courts of the judicial districts of Hainaut are competent to hear disputes between customers and PENNEL & FLIPO SA.
Consumer mediation
In accordance with Book XVI of the Code of Economic Law, PENNEL & FLIPO SA offers its private customers the Consumer Mediation Service, whose contact details are as follows:
Consumer Mediation Service
Boulevard du Roi Albert II 8, 1000 Brussels
Phone: +32 2 702 52 20
Fax: + 32 2 808 71 29
Email : contact@mediationconsommateur.be
Site : https://mediationconsommateur.be
Please note that mediation is not compulsory, but is offered solely as a means of resolving disputes without recourse to the courts.
Article 18 - Customer acceptance
These general terms and conditions of sale, as well as the prices indicated on the site, are expressly approved and accepted by the Customer, who declares and acknowledges that he is fully aware of them, and thereby waives the right to invoke any contradictory document, in particular his own general terms and conditions of purchase.