General terms and conditions of sale

Sapins.be is a limited liability company (SRL) incorporated under Belgian law.

Company name

Sapins.be SRL

Registered office

Chaussée de Tubize 483A bte 2, 1420 Braine-l'Alleud, Belgium

VAT / CBE

BE 0893.134.428

Contact

info@sapins.be · +32 (0)2 385 10 02

By ticking these general terms and conditions of sale, the client acknowledges:

• being fully authorised to decide, or holding the authorisation of the empowered person, before committing through an order placed with Sapins.be;
• having taken note, in addition to the information set out in these general terms, of the information on the essential characteristics of the products ordered.

The information provided by the buyer when placing the order is binding upon them. In the event of an error or incomplete detail in the recipient's contact information, Sapins.be cannot be held liable for the impossibility of carrying out the delivery.

3.1 Product offers are valid while stocks last.

3.2 The trees offered for sale are natural products. They are sold by height, in ranges of 25 cm for trees under 2 metres and 50 cm for trees over 2 metres.

3.3 The lifespan of a Nordmann tree is three weeks and that of a spruce two weeks, provided they are not placed near a heat source, which would considerably reduce their lifespan.

3.4 Where the tree is ordered potted, on a cross stand or in a water stand, the stated height includes the base.

3.6 Flocked trees are made to order, which is why a preparation time of 72 hours is required.

3.7 The Christmas decorations and string lights offered for sale are quality products meeting EEC standards and have been carefully selected. Ordering decorations does not include their installation.

3.8 The location indicated by the client for installing the tree must be reasonably accessible. When ordering a tree over 2.20 m in height, the client expressly undertakes to check that the passage to the installation point is suitable. Under no circumstances may the passage be less than one metre wide.

3.9 The product photographs on the website are the most faithful reproductions possible. Sapins.be cannot be held liable for minor differences in size, shade, balance or possible gaps.

3.10 In the event of a stock shortage, Sapins.be will refund the client the price of the item ordered, plus shipping costs.

In the event of an ongoing dispute other than payment — such as a delivery delay or the quality of the product delivered — Sapins.be may review with the client the conditions for handling a new order.

Orders are placed exclusively online, on the website www.sapins.be.

Any order for trees, any request for home delivery or for the collection of trees may only be made through the online form or by email to info@sapins.be. The parties are not bound if the order or requests are made by any other means.

5.1 Placing the order

The client may place an order only through the website, or by email for trees over 3 metres.

For their first order, the client must open a customer account and complete an order form with certain mandatory fields, considered to be the information necessary for managing the order and the commercial relationship.

Unemancipated minors do not have the capacity to contract. The collection of data from minors must be the subject of information provided to the parental authority.

Ordering online on the website is secure. The client must carefully check the products ordered, the quantities ordered and the shipping address for the order.

5.2 Order confirmation

If Sapins.be accepts the order, it notifies its acceptance by issuing an order confirmation sent to the client's email address. The sale is only considered final once this confirmation has been sent, specifying the dispatch of the products.

Sapins.be reserves the right to refuse any order on legitimate grounds, in accordance with applicable law: an abnormal order, an order placed in bad faith, or an order from a client with whom a dispute exists concerning payment of a previous order.

5.3 Cancellation of the order

5.3.1 — By the company. An order may always be cancelled by Sapins.be in the event of unavailability of the product(s) ordered, failure by the client to pay within the allotted time, or force majeure, notably an unforeseeable delay or defective delivery by suppliers.

Given the specific nature of the internet, the company does not guarantee real-time availability of all products on its site. In the event of temporary or permanent unavailability, it will inform the client via the website or by email and will then propose replacement with an equivalent product in quality and price, a credit note, or cancellation of the order.

5.3.2 — By the client. Any request to cancel an order must be made before the products are dispatched and at the latest one hour after the order has been registered. After that time, no cancellation is possible.

5.4 Withdrawal period

In accordance with Article VI.53, 4° of the Code of Economic Law, the consumer may not exercise the right of withdrawal provided for in Article VI.47 of the same Code for products liable to deteriorate rapidly, which is the case for natural and flocked trees.

Any order of perishable products therefore results in the delivery of the product(s) ordered. Failing cancellation of the order within one hour of it being placed, withdrawal is no longer materially possible. You will then be deemed to have waived the right of withdrawal within the legal period. The perishable nature of Christmas trees constitutes an exception to the right of withdrawal.

For items not liable to deteriorate rapidly, please first contact Customer Service at info@sapins.be with photographs in support, then return the item(s) in their original packaging within 14 days of receipt, to the address indicated by Customer Service.

No right of return will be granted for items that have been opened, unsealed, soiled, are incomplete, damaged or non-compliant. In that case you remain the owner of the product; if you wish, it will be returned to you with transport costs at your expense.

Refunds are made within a period of no more than 15 days, by bank transfer or to your credit card depending on your original payment method, for the amount of the returned products excluding delivery costs. Delivery and return costs are always borne by the client. Unfranked shipments will be refused and returned to the sender. Your refund request can only be taken into account once the returned items have arrived at Sapins.be.

Goods must be returned to the following address: Sapins.be SRL, Chaussée de Tubize 483A bte 2, 1420 Braine-l'Alleud, Belgium.

Consequences of withdrawal. In the event of withdrawal, the payment already made by the client and collected by the company will be refunded using the same payment method chosen by the client, less shipping costs and to the exclusion of any other indemnity or damages, in accordance with the legal provisions in force in the Benelux countries, within a maximum period of thirty days from the day following that on which the client submitted their request.

6.1 At the client's request, the tree(s) will be collected at the same address as the one given for delivery. The collection service must be specified when ordering the tree(s), or requested in writing at info@sapins.be.

The actual collection date is set by mutual agreement, either in the morning between 8:00 and 12:00, or in the afternoon between 12:00 and 18:00. Once the date is fixed, the client undertakes to be present at the address and time indicated.

6.2 If the client is absent at the time of collection, and this results in Sapins.be being unable to collect the tree, the collection obligation borne by Sapins.be will be deemed fulfilled. The parties may agree on a new collection date, invoiced according to the rate below.

6.3 The collection service is limited to removing the tree. At the time of collection, the tree must be free of all decoration. The service does not include clearing fallen needles from the floor.

6.4 If, at the time of collection, the tree has not been cleared of its decorations, a flat fee will be invoiced, both where the decorations are removed and returned to the client and where they are to be disposed of ecologically.

7.1 The price is established on the basis of the height of the trees chosen, in increments of 25 cm for trees under 2 metres and 50 cm for trees over 2 metres.

7.2 In addition, where applicable: the type and number of decorations ordered, the delivery price, and the information provided by the client at the time of contracting. This amount may be revised if these elements or the scope of the services change.

Our prices are stated in euros and include all taxes, excluding any contribution to postage and shipping costs.

7.3 Sapins.be may amend its prices at any time but undertakes to invoice products on the basis of the rates in force at the time the order is registered, subject to availability on that date and to effective payment.

7.4 With reference to Articles 1226 et seq. of the Civil Code, a client who unilaterally and prematurely terminates the contract shall pay Sapins.be, as a fixed and irreducible penalty clause, the sum of €62.00. Sapins.be shall further be entitled to claim higher damages where it can prove the extent of its loss.

8.1 The payment methods accepted by Sapins.be are:

• Maestro, Bancontact, Visa, Mastercard and American Express
• Pluxee, Edenred and Monizze gift vouchers
• Pluxee, Edenred and Monizze eco-cheques

Invoices issued by Sapins.be are payable on receipt, net and without discount.

8.2 Any invoice issued by Sapins.be is definitively accepted by the client if it has not been the subject of a reasoned dispute by registered letter within eight days of its receipt.

The products and goods sold remain the property of Sapins.be until the price has been paid in full.

10.1 Bank transactions

Online: transaction secured by the Ingenico payment system.

10.2 Protection of consumers paying by bank card

To guarantee you a secure shopping experience, Sapins.be puts in place the procedures necessary to protect you against fraudulent use of your bank card:

• secure payment site;
• monitoring and blocking of orders identified as fraudulent;
• monitoring and blocking of IP addresses identified as fraudulent.

If you notice a fraudulent debit on your bank account, we recommend that you contact your bank immediately.

11.1 All our products are prepared to order and dispatched directly from the various production sites. In your interest, dispatch may be shifted relative to the date indicated when ordering, depending on weather conditions or reported disruption on the road network.

Orders are dispatched by La Poste, by SKR Group or by another private carrier, in the order in which they are received and while stocks last.

Sapins.be may change the carrier announced at the time of order if an unforeseen event were likely to hinder proper delivery — a strike, road disruption — or if another carrier proves better suited to the order in volume, size or quantity.

Delivery is made at the entrance to the building, on the ground floor, and within a time slot of 9:00 to 12:00 or 14:00 to 18:00.

11.2 Signature of the delivery note by the client or their appointee constitutes acceptance of the tree. If the client is a legal entity, it undertakes to ensure that a person duly authorised to bind the company is present at the time of delivery.

11.3 Two delivery methods are available depending on the items ordered:

• Natural trees — delivery is handled by SKR Group and made to the client's address.
• Christmas decorations — home delivery by La Poste, or delivery to the chosen pick-up point.

12.1 Delivery

Delivery is made within the period indicated when ordering, by handing the product directly to the named recipient. Signature of an acknowledgement of receipt by the identified recipient will be required.

The delivery date and time slot are communicated in the dispatch confirmation email.

For a "gift" order or one where the delivery address differs from the billing address, we recommend checking the contact details of the person to be contacted in the "delivery" section.

In the event of an incomplete or incorrect address, refusal of the parcel by the recipient, or a lack of information making it impossible to deliver the product on time, no liability may be attributed to Sapins.be.

12.2 Delivery incidents

Delivery delay. Where a delay is established relative to the date indicated when ordering, please contact Customer Service so that a delivery investigation can be opened with the carrier concerned. As regards trees in particular, the delivery date shown on the order form is liable to change if weather conditions do not allow the order to be sent in good conditions.

To register a complaint with Customer Service, please provide your contact details, your invoice number, the references of the product(s) shown on the invoice, and the grounds for your complaint.

Incomplete or non-compliant delivery due to the carrier. The parcel may be damaged or its contents partly or wholly stolen. If you notice such an error, please note it on the carrier's slip and refuse the product, returning it to us. If you become aware of the error after the carrier has left, please report the anomaly by email to info@sapins.be, with a photograph in support, within 24 working hours of receiving the order.

Incomplete or non-compliant delivery due to the company. Despite the care taken in preparing orders, a product may be missing or an error may have occurred. If you notice such an error, please report it as soon as possible and if possible within 24 working hours of receiving the order, by email to info@sapins.be.

Lost parcel. Should a parcel be lost by one of our carriers, please inform us as soon as possible. The company will carry out an investigation with the services concerned.

Sapins.be guarantees the installation of the trees and decorations it puts in place at the time of delivery and of the client's approval thereof.

If, after delivery, the trees or decorations are damaged as a result of malicious acts, sabotage or vandalism, any reinstatement remains at the client's expense.

Likewise, in the event of high winds, earthquake, war, lock-out, attacks or similar events, Sapins.be cannot guarantee that the trees or decorations installed will suffer no damage. In all cases, any reinstatement remains at the client's expense.

For any information or question, our Customer Service is at your disposal at info@sapins.be, or via the contact form on the website.

All texts, illustrations and photographs presented on the Sapins.be website are protected by intellectual property rights. Any reproduction is strictly prohibited.

16.1 The products offered comply with Belgian legislation in force.

16.2 The installation and collection of the tree take place under the direction and responsibility of the client or their appointee from the moment Sapins.be staff arrive at the address indicated. Sapins.be cannot be held liable for any damage caused during the installation or collection of the tree.

16.3 The photographs and texts reproduced to illustrate the products presented are as faithful as possible to the items that will be sent to you. Sapins.be cannot, however, be held liable for minor differences in size, shade, balance or gaps.

16.4 Sapins.be cannot be held liable for non-performance of the contract in the event of an unforeseeable and insurmountable act of a third party to the contract — disruption, total or partial strike notably of postal services and means of transport or communication, flooding, fire — or fault of the client. Sapins.be undertakes to do its utmost to put in place a solution to fulfil the agreed contract as quickly as possible.

16.5 The products offered for direct sale by Sapins.be are those appearing on the website www.sapins.be on the day the site is consulted, and while stocks last.

16.6 The choice and purchase of a product or service are the sole responsibility of the client. Total or partial inability to use the products, notably due to incompatibility of equipment, cannot give rise to any compensation, refund or liability on the part of Sapins.be, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal.

16.7 Hyperlinks may refer to partner sites; those sites are solely responsible for their content.

Natural and flocked trees are natural products. Flocked trees are treated with a flame-retardant product, class M1.

All the products we sell are EEC certified.

18.1 Sapins.be is liable for defects in conformity of the goods with the contract and for hidden defects under the conditions laid down in Articles 1641 to 1649 of the Civil Code. In accordance with applicable law, every product benefits from a two-year legal guarantee against defects in conformity.

18.2 Sapins.be further undertakes to exchange any tree ordered within 10 days of delivery, upon indication of the reasons together with a photograph justifying the client's dissatisfaction. The tree is exchanged for a tree having the same characteristics as those specified when ordering. Replacement may take place only once.

This is without prejudice to the right of Sapins.be not to proceed with replacement and instead to refund the client the price of their order, always excluding delivery or collection costs.

18.3 For any technical problem or request for information, contact Customer Service at info@sapins.be.

18.4 A product return will only be accepted if it is the subject of a complaint and a prior request, with a photograph in support, and if the buyer follows the instructions given by Customer Service.

Where an item is returned under guarantee, it must be sent back in its original packaging, together with any accessories, instructions and documentation, and with the return approval email from Sapins.be Customer Service. Any incomplete return, or one whose packaging is damaged, will be refused and returned to the client at their expense.

After the product's non-conformity with the offer has been established, Sapins.be will proceed with an exchange for a product of the same reference, of identical or higher quality subject to availability. The buyer retains the option of requesting a refund. If the product is unavailable, Sapins.be will refund the price, excluding delivery costs.

By placing their order, the client agrees that Sapins.be may store, process and use the data collected from that order in order to process it. Some of this information may in that respect be transferred to the companies involved in delivering the products ordered.

Sapins.be processes personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and with other applicable legislation on the protection of personal data.

You may consult your personal data, have it corrected or, if you have good reason, have it restricted or erased. You also have the right to data portability.

You may withdraw your consent to the processing of personal data at any time, and object at any time to the use of the data we process for direct marketing purposes. These rights may be exercised without justification, in writing, with a copy of the front of your identity card, at the address info@sapins.be.

This contract is governed by Belgian law. The language of this contract is French, Dutch or English.

In the event of a dispute, the parties will attempt to reach an amicable settlement. Failing that, they hereby acknowledge the exclusive jurisdiction of the courts of Brussels, justice of the peace of Uccle, and that only Belgian law will apply.

For private individuals, the competent court in the event of a dispute will be that of the defendant's place of residence or, at the defendant's choice, that of the place of actual delivery of the product.