Terms and conditions

Last Update Date: December 31, 2024

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Article 1. Acceptance of General Terms and Conditions

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By confirming the order during the online ordering process or by sending a purchase order via other means of communication (email, fax, mail, etc.), the client declares having read and accepted the general terms and conditions of sale (hereinafter referred to as "General Terms and Conditions") and expressly acknowledges having read, understood, and fully accepted them.

Only these General Terms and Conditions, as well as any other clauses and conditions referenced herein or indicated in the purchase order, shall apply.

Productions associées is a non-profit organization (ASBL) under Belgian law, with its registered office at Rue Coenraets 72, 1060 Brussels, and is represented by Ophélie Gerard (ref 29952) (the "Service Provider").

The Service Provider's VAT number is BE0896755397.

The Service Provider can be contacted at the following details:

• Avenue Albert de Coster 12, 1070 Brussels

• +32 478 720 636

• info@opheliegerard.com

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Article 2 - Scope of Application

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These General Terms and Conditions of Sale ("General Terms and Conditions") apply to the sale of products marketed by the seller (the "Products") to any consumer or non-professional wishing to purchase them (the "Client").

The General Terms and Conditions specify the conditions of purchase, payment, and delivery of the Products ordered by the Client. The Client may refer to the description of each Product in the Seller's catalog to learn about its characteristics.

Placing an order for Products implies the Client's prior, unrestricted, and unreserved acceptance of the General Terms and Conditions, which the Client declares having read.

The General Terms and Conditions apply subject to any contrary stipulations appearing in the purchase order or any specific conditions agreed upon between the Seller and the concerned Client.

The General Terms and Conditions are understood without prejudice to the applicable legal provisions, particularly those provided by the Consumer Code.

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Article 3 – Products and Availability

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The price and essential characteristics of each Product are described in the Seller's catalog and published, as the case may be, by the Seller or its suppliers. The descriptions may include indications, photographs, and graphics, which are provided for illustrative purposes only and may be modified or updated by the Seller.

The Products offered comply with French legislation and European CE standards in force at the time of ordering.

The fact that the Seller presents Products in its catalog does not constitute an obligation to sell them, particularly in cases of stock shortages, product unavailability, or any reason preventing their commercialization.

If one or more Products become unavailable after an order has been placed, the Seller will inform the Client in writing about the waiting period for receiving the temporarily unavailable Product(s). In such cases:

• The Seller may, with the Client’s consent, offer a product of the same nature at the same price as the originally ordered Product. In this case, the return costs resulting from a possible exercise of the right of withdrawal shall be borne by the Seller for this product.

• The Client may choose to wait for the availability of the missing Product(s) to receive the entire order in a single shipment.

• The Client may choose to fully cancel the order.

• The Client may choose to cancel the order for the unavailable Product(s) and receive the other Products in the order within the announced delivery times.

In the last two cases, if the Client has already made a payment, they will be reimbursed according to the same terms applicable in the event of exercising the right of withdrawal.

 

Article 4 - ORDERS

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4.1 Prerequisites

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The Products are reserved for individuals acting as private customers/consumers or non-professionals, as defined by the Consumer Code.

The Seller does not market Products to any natural or legal person acting for professional needs or as part of an accessory professional activity. Each Client is prohibited from purchasing Products in large quantities for resale in any capacity or form.

Orders for Products are reserved for Clients who must provide a valid delivery address in Belgium, mainland France, Luxembourg, Germany, or the Netherlands, in a standardized French format (first name, last name, postal address, postal code, city, country).

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4.2 Placing an Order

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Any Client wishing to place an order with the Seller must complete and sign a purchase order summarizing, in particular, the essential characteristics of the ordered Product(s), the total price, the payment terms, the delivery time or duration, any possible delivery restrictions, a tracking number for the Client’s order, and the terms of exercising the right of withdrawal when applicable.

For the sale of Products manufactured upon special order by the Client, the order must be preceded by a detailed quotation, valid for 30 days from its date of creation, specifying the price or the method of price calculation. The Client's acceptance and signature of this quotation will be considered as confirmation of the order.

For any sale of movable goods, the Seller must, if applicable, indicate on the purchase order the period during which the spare parts essential for the use of the Products will be available on the market from the manufacturer or importer.

Order confirmation occurs upon the Seller’s signature of the purchase order or the sending of an email confirmation, making the order final and binding, subject to the potential application of the Client’s right of withdrawal.

No order may be modified or canceled without prior written agreement between the Seller and the Client.

Subject to the possible application of the right of withdrawal, in the event of a confirmed order cancellation by the Client, for any reason, and without prejudice to any additional damages:

• Any deposit paid at the time of the order will be retained by the Seller and will not be refunded; or

• If no deposit was paid, an amount equal to 60% of the total pre-tax price of the Products will be due and invoiced to the Client.

Conversely, in the event of cancellation by the Seller of a confirmed order, for any reason, any deposit paid by the Client will be refunded double if the order does not correspond to a special order based on a quotation.

Except for special orders based on a quotation, any advance deposit paid by the Client will accrue legal interest if the Products are not delivered within three months from payment, without prejudice to the Seller’s obligation to deliver the Products.

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4.3 Order Verification

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Each Client guarantees the accuracy and sincerity of the information provided when placing an order and undertakes to notify the Seller of any changes.

To prevent fraud, the Seller or its payment and delivery service providers may request additional documents from the Client (such as proof of residence and/or a copy of an identity document) or contact the Client at the time of order acceptance and/or shipment. If the Client unjustifiably refuses to provide the requested information and/or supporting documents, the Seller reserves the right to decline or cancel the order, without the Client being able to contest it.

The Seller also reserves the right to decline or cancel an order if the Client:

• Provides incorrect information,

• Fails to pay for the Products,

• Has an outstanding payment dispute related to a previous order,

• Places an abnormally high number of orders.

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Article 5 – PRICING TERMS

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The Products are sold at the store or catalog price of the Seller in effect on the day of signing the purchase order, expressed in euros, inclusive of all taxes (including French VAT and any other applicable taxes at the time of order registration).

Prices are firm and non-revisable during their validity period.

Additional costs related to transport, delivery, order processing (shipping, packaging, parcel preparation, optional services subscribed by the Client), as well as any other fees, interest, and commissions, are indicated on the purchase order. These costs are determined based on the delivery location, shipping method chosen by the Client, and the type/quantity of Products ordered.

If the Products are not received by the Client and must be resent, additional handling, shipping, transportation, and delivery costs may be charged under the same conditions as those stated in the purchase order.

The Seller reserves the right to modify prices at any time for any Products ordered after such a price modification.

Discounts, rebates, and price reductions may apply under the conditions specified in the Seller’s catalog or any other document provided to the Client. In the case of promotional pricing, the Seller commits to applying the promotional price to any order placed during the promotion period.

Any price changes due to an increase in VAT or the creation of any new tax based on the Product price will be immediately and automatically applied.

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Article 6 - INVOICING AND PAYMENT TERMS For specific services:

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Products are invoiced, and payment is required in full and upfront on the day of signing the purchase order.

A 60% deposit of the total Product price is invoiced by the Seller and payable by the Client on the day of signing the purchase order. The remaining balance is invoiced and payable upon delivery of the Products.

According to Article L. 221-10 of the Consumer Code, unless exceptions stated in this same article apply, when a Product order is placed remotely or outside the Seller’s premises, delivery and payment cannot occur before the expiration of seven (7) days from the date of contract conclusion.

Payment can be made by bank transfer, credit card, direct debit, check from a bank based in France, or any other method agreed upon between the Seller and the Client in the purchase order. The Seller cannot charge the Client fees that exceed the actual costs incurred for using a specific payment method.

Upon full payment of the agreed amount, the Seller will send the Client a payment confirmation email to the email address provided.

If the Client makes an early payment, no discount will be applied. Payments cannot be suspended, deducted, or offset unilaterally without prior written agreement between the Seller and the Client. Any unilateral suspension, deduction, or offset by the Client will be treated as non-payment and will result in penalties for late payment.

The Client is deemed legally in default as soon as the payment obligation becomes due, in accordance with Article 1344 of the Civil Code.

In case of late payment, the Seller reserves the right to:

• Demand immediate payment of all outstanding amounts, regardless of their initial due date.

• Refuse new orders or require upfront payment or guarantees for future orders.

• Apply partial payments first to non-priority claims, then to the oldest outstanding amounts.

• Reduce, suspend, or cancel orders still in progress seven days after a formal notice sent by the Seller remains unanswered.

• Apply late payment penalties at the rate specified in Article L.441-6 of the Commercial Code from the first day of delay.

• Charge a fixed collection fee of €40 for each late invoice, plus an additional 10% compensation on outstanding sums due.

 

Article 7 – DELIVERY OF PRODUCTS

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7.1 Purchase or Pickup at the Workshop

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The Client will have the option to directly purchase Products available in-store or to pick up their order from a store operated by the Seller by presenting the order number and an ID. If the Client is unable to pick up the order personally, the person authorized to collect the package on their behalf must present both the Client's ID and the order number.

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7.2 Delivery

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Delivery of the Products ordered by the Client cannot occur until the Client has made the full payment of the amount stated in Article 5 above.

Products can be delivered to the following geographical areas: Belgium, mainland France, Luxembourg, Germany, and the Netherlands.

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• Shipping and Delivery Times and Conditions

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Once the order is confirmed and paid by the Client, the Products will be shipped according to the method, address, and delivery time specified in the order form along with the corresponding invoice.

In the case of delivery outside mainland France, the Client will be considered the importer of the Products and will be required to comply with the regulations of the destination country. It is specified that cross-border deliveries may, where applicable, be subject to a customs inspection procedure.

Once the order has been shipped, the Seller will send the Client an email confirming the shipment of the order and, if applicable, the tracking number for the package, allowing the Client to check the delivery status.

If the delivery date or time is not specified, delivery will not exceed thirty (30) days following the order confirmation date.

Ordered Products may be delivered in one or more separate shipments.

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• Delivery to Specific Addresses

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When delivery is made to a collective address, the Client acknowledges that the delivery of the order takes place when the products are actually delivered to the collective address provided in the order form.

For deliveries in certain areas that are difficult to access, delivery may be made at the nearest delivery center or to the final address by a carrier independent of the one used by the Seller. In this case, the Client will be responsible for covering any additional charges.

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• Absence at the Time of Delivery

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For deliveries by "La Poste" services, if the Client is absent at the time of delivery, the Client will have a specific period, as indicated on the receipt issued by "La Poste", to collect their package from the designated post office.

After this period, the package will be returned to the Seller’s logistics service. The Seller will inform the Client, and if the Client does not respond within seven (7) days, the Seller will consider that the Client has exercised their right of withdrawal.

For deliveries that require scheduling (heavy or bulky items), the carrier will contact the Client directly to arrange a delivery time. If the Client is absent at the agreed time, the Client must notify the carrier before the agreed delivery date, following the carrier’s instructions. If not, the Client will be charged for any costs related to a re-delivery by the carrier.

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• Delay and Error in Delivery

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The Seller cannot be held responsible for delivery delays caused by postal services or carriers.

However, if there is a delay in delivering the Products, for any reason other than force majeure or the Client's actions, the Client may cancel the order under the conditions provided in Articles L.216-2, L.216-3, and L.241-4 of the Consumer Code, after requesting the Seller to deliver the Products within a reasonable additional timeframe.

The amounts paid by the Client will be refunded no later than fourteen (14) days after the contract has been canceled.

The Client also agrees to inform the Seller of any non-delivery within fifteen (15) days after receiving the email confirming the shipment of the order, so that the Seller can assist the Client with the appropriate steps with the carriers.

In addition, if there is a delivery error resulting from inaccurate information provided by the Client (delivery location, accessibility of the location, or any other issue), resulting in the need for a re-delivery, the Client will be charged the related costs.

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7.3 Delivery Compliance

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The Seller will be obligated to accept the return of Products if the Products delivered are non-compliant or damaged upon delivery.

In this regard, the Client must check the condition of the package and Products upon receipt and note any necessary reservations on the delivery slip co-signed by the carrier in case of non-compliance or damage to the Products upon delivery.

The reservations must be promptly communicated to the Seller by filling out a return form within a maximum of three (3) calendar days from the delivery date.

The Seller will validate the return request and send the Client a return label by email, which must be attached to the returned Product shipment.

The Client must return the non-compliant Product to the Seller under the conditions specified for the right of withdrawal.

If this procedure is not followed, the Client will no longer be able to make a claim regarding the compliance of the delivered Product.

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Article 8 – RETENTION OF TITLE AND TRANSFER OF RISK

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The Seller retains full ownership of the Products until the Client has fully met their obligations, including the full payment of the Product price.

Risk is transferred to the Client once the Products are presented for the first time at the delivery address(es) specified by the Client (including collective addresses). Delivery is considered complete from the first presentation of the Products at the specified delivery address.

An exception to this rule applies when the Client has chosen to use a carrier of their choice, in which case the transfer of risk occurs when the Seller hands over the Products to the carrier designated by the Client.

 

Article 9 – RETRACTATION

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9.1 Principle

Consumers have the right to retract from their purchase within 14 days from the day they receive the product. The computation of this period is based on the guidelines of Article L.221-19 of the Consumer Code.
To exercise the right of retraction, the customer must notify the seller through the retraction form (included in the appendix) or a clear, unambiguous declaration sent to the seller's contact details. The seller will acknowledge receipt of the retraction request and send a return form for the products to be returned.

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9.2 Return Procedure

The customer has 14 days from sending the retraction notice to return the products in their original state and packaging. The return costs are borne by the customer.
The product must be returned in its original packaging, with all accompanying documents (invoice, return form, etc.). If the customer returns products as part of a promotional offer, those promotional items must also be returned.
Products that are returned incomplete, damaged, or used excessively will not be accepted, and no refund will be provided. If products have been opened or used, a €10 reconditioning fee will be charged.
Returns must be made at the customer’s risk, and the customer is free to choose the shipping method. The seller is not responsible for lost, stolen, or damaged returns.

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9.3 Refund

Refunds will be processed within 14 days after the seller is notified of the retraction. However, the seller may delay the refund until the product is received or proof of return is provided by the customer.
Shipping costs for standard delivery will be reimbursed, but only up to the cost of standard delivery. If only part of an order is returned, shipping costs will be refunded proportionally to the order value. Refunds will be made to the original payment method.

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Article 10 – GUARANTEES

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10.1 Scope

The seller remains liable for product defects, as stipulated in the Consumer Code (Article L.217-4 et seq.) and the Civil Code (Article 1641 et seq.). These warranties do not cover defects resulting from abnormal or non-conform use of the product or external causes.

10.2 Legal Warranty of Conformity (Excerpts from the Consumer Code)

• Article L.217-4: The seller is responsible for delivering a product in conformity with the contract and answering for any conformity defects at the time of delivery.

• Article L.217-5: The product must be fit for the usual purpose expected from such goods and meet the description and qualities presented by the seller.

• Article L.217-7: Conformity defects are presumed to exist at the time of delivery if they appear within 24 months (6 months for second-hand goods).

• Article L.217-9: In case of a conformity defect, the buyer can choose between repair or replacement, provided it is not disproportionate.

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10.3 Warranty Against Hidden Defects (Excerpts from the Civil Code)

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• Article 1641: The seller is responsible for hidden defects that render the product unsuitable for its intended use or significantly reduce its usability.

• Article 1644: The buyer can either return the product for a full refund or keep it and receive a partial refund.

• Article 1648: Actions for hidden defects must be made within two years from discovering the defect.

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10.4 Exercising the Guarantee

If a product is defective or non-compliant during the warranty period, the customer should contact the seller’s after-sales service. The seller will send a return form and the customer must return the product within 14 days.
Once the product is returned, the seller will assess whether the product can be repaired, replaced, or refunded. Return shipping costs will be reimbursed if the warranty is accepted.
If the return procedure is not followed correctly, or the product is deemed to have been misused, the warranty will not apply.

In case of dispute, the customer and the seller should aim to resolve the issue amicably. If this is not possible, the customer may cancel the sale and potentially claim damages for the loss.

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Article 11 - RESPONSIBILITY

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The seller’s responsibility cannot be engaged in case of indirect or unforeseeable damage or if the failure to fulfill obligations is attributable to the Client, the unforeseeable and insurmountable action of a third party to the contract, or in the case of force majeure as defined by Article 1218 of the Civil Code.

The sale of Products and these General Terms and Conditions being in accordance with French legislation, the seller’s responsibility cannot be engaged in the event of non-compliance with the legislation of another country when the Client makes a purchase from a country other than belgium.

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Article 12 - DURATION - TERMINATION

In the case of a one-off sale or based on specific conditions, these General Terms and Conditions apply for the duration of each product sale operation carried out between the Seller and the Client or, where applicable, for the duration of the specific conditions agreed with the Client.

Without prejudice to the specific cases of termination provided for herein, either the Seller or the Client may terminate the General Terms and Conditions early by sending a written notification:

• In the event of a force majeure as referred to in Article 7 of these Terms;

• After notifying the other party of a serious breach of its obligations or applicable laws and regulations, which has not been remedied within fifteen (15) days (if the breach can be remedied) from the written notification indicating the nature of the breach and the need to remedy it.

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Article 13 - PERSONAL DATA

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13.1 Nature of personal data collected

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The Seller commits to collecting only personal data that is adequate, relevant, and limited to what is necessary for the purposes for which it is processed. No personal data considered "sensitive," such as racial or ethnic origin, political, philosophical, or religious opinions, may be requested or collected from the User.

The Client is informed that the personal data marked as mandatory on forms and collected as part of the sale described herein may include:

• Full name

• Email address

• Postal address

• Phone number

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13.2 Purpose of processing personal data

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Personal data may be collected and used by the Seller to facilitate the sale, and may be transferred to companies responsible for the management, execution, and processing of payment transactions. These details and data may also be stored for security and retention purposes, in order to comply with legal and regulatory obligations to which the Seller is subject.

The collected data may also be used for the management of commercial relations, including generating statistics, conducting market and behavior studies, and enabling the Seller to improve and personalize the Products.

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13.3 Retention, security, and confidentiality of personal data

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Personal data is processed and stored under conditions ensuring its security, and is retained only for as long as necessary for the purposes set out in Article 13.2 above. After this period, the data will be retained exclusively for statistical purposes and will not be exploited in any way.

This data may also be retained for security and compliance purposes, to respect the legal and regulatory obligations to which the Seller is subject.

The Seller undertakes to implement technical and organizational security measures to ensure the security, integrity, and confidentiality of all personal data, preventing it from being altered, damaged, or accessed by unauthorized third parties.

However, it is noted that no security measure is infallible, and the Seller cannot guarantee absolute security of the Client’s personal data.

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13.4 Client’s rights over their personal data

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In accordance with the General Data Protection Regulation (GDPR) 2016/679 of April 27, 2016, the Client has the right to access, rectify, and erase their personal data. This right can be exercised directly with the Seller's customer service by contacting the email address [email address] or the postal address [postal address], providing a copy of an identity document with the request.

Additionally, within the limits set by law, the Client has the right to object to processing, limit processing, decide on the post-mortem fate of their data, withdraw consent at any time, and exercise the right to data portability for the personal data they have provided.

Article 14 - NOTIFICATIONS

Any written notification or summoning required or permitted under these Terms shall be valid if sent by hand delivery or by carrier with a delivery receipt, by registered mail with acknowledgment of receipt, or by email (except in the case of termination of these Terms), addressed to the contact details of the relevant party, with each party electing domicile at its registered office.

Any change in contact details by a party must be notified to the other party in accordance with the methods above.

Notifications made in person or by carrier will be presumed to have been made on the date of delivery, as evidenced by the receipt. Notifications sent by registered mail with acknowledgment of receipt will be presumed to have been made on the date of the first presentation to the recipient's address. Notifications made by email will be presumed to have been made on the date the email was sent.

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Article 15 - AUTONOMY AND NON-WAIVER

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If any provision of these General Terms and Conditions is declared void or unenforceable for any reason under a law, regulation, or as a result of a final court ruling, it will be considered as not written, and the remaining provisions will remain in force.

Failure by the Seller to enforce any provision temporarily or permanently shall not constitute a waiver of rights.

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Article 16 - MODIFICATION

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The Seller reserves the right to modify the content of these General Terms and Conditions at any time for the purpose of processing new orders for Products.

Any order placed following a modification of the General Terms and Conditions will imply acceptance by each Client of the new version of the Terms, which will be communicated to them.

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Article 17 - DISPUTES

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Any disputes arising from the General Terms and Conditions, including validity, interpretation, execution, termination, consequences, and follow-up, will be submitted to the court of Brussels.

Article 18 - APPLICABLE LAW & LANGUAGE

These General Terms and Conditions and the transactions resulting from them are governed by and subject to French law. They are written in French. In the event of a translation into one or more foreign languages, the French text will prevail in case of any dispute.

Annex: Withdrawal Form

If the Client wishes to exercise their right of withdrawal - in accordance with the conditions provided in Article 9 of these General Terms and Conditions, they can use the form below:

To:
I hereby notify you of my withdrawal from the contract concerning the purchase of the following products:

• Order name(s) and reference(s):

• Ordered on:

Client’s name (originator of the order):

Client’s address (originator of the order):

Client’s signature: