GENERAL CONDITIONS
OF USE AND SALE
Updated on 09/03/2021
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The website
(hereafter the "Platform")
Is an initiative of :
El Assl Hagiar
Rue de la sucrerie 19 bte 1.2
7000 Mons
Company number (ECB/VAT) : 077.959.964
E-mail : hajishop.contact@gmail.com
Phone :
( hereafter "El Assl Hagiar" or the "Vendor")
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1. GENERAL CONDITIONS OF USE
1.Scope of application
These general terms and conditions of use (hereinafter the " GCU ") apply to any visit or use of the Platform and its information by an Internet user (hereinafter the " User ").
By visiting or using the Platform, the User acknowledges that he/she has read these GCU and expressly accepts the rights and obligations set out therein.
The provisions of the GCU may exceptionally be waived by written agreement. These deviations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GCU.
We reserve the right to change our GCU at any time, without prior notice, but we undertake to apply the provisions that were in force at the time you used our Platform.
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2. Platform
a. Access and navigation
We take all reasonable and necessary steps to ensure the proper functioning, security and accessibility of our Platform. However, we cannot offer a guarantee of absolute operability and our actions must therefore be considered as being covered by an obligation of means.
Any use of the Platform is always at the User's own risk. Therefore, we are not responsible for any damage that may result from possible malfunctions, interruptions, defects or harmful elements on the Platform.
We reserve the right to restrict access to the Platform or to interrupt its operation at any time, without obligation to give prior notice.
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b. Content
El Assl Hagiar largely determines the content of the Platform and takes great care with the information on it. We take all possible steps to keep our Platform as complete, accurate and up-to-date as possible, even when the information on it is provided by third parties. We reserve the right to modify, supplement or delete the Platform and its contents at any time, without liability.
El Assl Hagiar cannot offer an absolute guarantee regarding the quality of the information on the Platform. It is therefore possible that this information is not always complete, accurate, sufficiently precise or up to date. Therefore, El Assl Hagiar cannot be held responsible for any damage, direct or indirect, that the User may suffer as a result of the information on the Platform.
If any of the contents of the Platform are in violation of the law or the rights of third parties, or are contrary to morality, we ask you to inform us as soon as possible by e-mail so that we can take appropriate measures.
Any downloading from the Platform is always at the User's risk. El Assl Hagiar cannot be held responsible for any damage, direct or indirect, arising from such downloads, such as loss of data or damage to the User's computer system, which is entirely and exclusively the responsibility of the User.
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c. Services for registered users only
1) Registration
Access to certain services is conditional on the User's registration.
Registration and access to the Platform's services are reserved exclusively for natural persons who are legally capable, having completed and validated the registration form available online on the Platform as well as the present GCU.
When registering, the User undertakes to provide accurate, sincere and up-to-date information about himself/herself and his/her civil status. The User must also regularly check the data concerning him/her in order to maintain its accuracy.
The User must therefore provide a valid e-mail address, to which the Platform will send him/her a confirmation of his/her registration to its services. An email address cannot be used several times to register for services.
Any communication made by the Platform and its partners is therefore deemed to have been received and read by the User. The User therefore undertakes to regularly check the messages received at this e-mail address and, if necessary, to reply within a reasonable time.
Only one registration is allowed per individual.
The User will be given an identifier allowing him/her to access a space reserved for him/her (hereinafter "Personal Space"), in addition to entering his/her password.
The User ID and password can be changed online by the User in the Personal Space. The password is personal and confidential and the User undertakes not to communicate it to third parties.
El Assl Hagiar reserves the right to refuse a request for registration to the Platform services in the event of non-compliance by the User with the GCU.
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2) Deregistration
Users who are regularly registered may request to be removed from the Platform at any time by going to the dedicated page in their Personal Space. Any unsubscription from the Platform will be effective as soon as possible after the User has completed the form provided for this purpose.
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3. Links to other websites
The Platform may contain links or hyperlinks to external websites. Such links do not automatically imply any relationship between El Assl Hagiar and the external website or even an implicit agreement with the content of such external websites.
El Assl Hagiar has no control over external websites. We are therefore not responsible for the safe and correct functioning of the hyperlinks and their final destination. As soon as the User clicks on the hyperlink, he/she leaves the Platform. We cannot therefore be held liable for any subsequent damage.
4. Intellectual property
The structure of the Platform, as well as the texts, graphics, images, photographs, sounds, videos, databases, computer applications, etc. that make it up or that are accessible via the Platform are the property of the publisher and are protected as such by the laws in force with regard to intellectual property.
Any representation, reproduction, adaptation or exploitation of the content, trademarks and services offered by the Platform, in whole or in part, by any process whatsoever, without the prior, express and written authorisation of the publisher, is strictly prohibited, with the exception of elements expressly designated as free of rights on the Platform.
The Platform User is granted a limited right to access, use and display the Platform and its contents. This right is granted on a non-exclusive, non-transferable basis and may only be used for personal and non-commercial purposes. Except with prior written consent, Users are not authorised to modify, reproduce, translate, distribute, sell or communicate to the public, in whole or in part, the protected elements.
The User is prohibited from introducing data on the Platform that would modify or be likely to modify its content or appearance.
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5. Protection of personal data
The personal data provided by the User when visiting or using the Platform are collected and processed by El Assl Hagiar exclusively for internal purposes. El Assl Hagiar assures its users that it attaches the utmost importance to the protection of their privacy and personal data, and that it always undertakes to communicate clearly and transparently on this point.
El Assl Hagiar undertakes to comply with the applicable legislation on the subject, namely the Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data as well as the European Regulation of 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.
The User's personal data are processed in accordance with the Privacy Policy available on the Platform.
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6. General provisions
El Assl Hagiar reserves the right to modify, extend, delete, limit or interrupt the Platform and associated services at any time, without prior notice, and without incurring any liability.
In case of violation of the GCU by the User, El Assl Hagiar reserves the right to take appropriate measures of sanction and redress. In particular, El Assl Hagiar reserves the right to deny the User any access to the Platform or our services temporarily or permanently. These measures may be taken without giving any reason and without notice. Such measures may not give rise to any liability on the part of El assl Hagiar or to any form of compensation.
The illegality or the total or partial nullity of a provision of our GCU will not have any impact on the validity and the application of the other provisions. In such a case, we have the right to replace the provision with another valid provision of similar scope.
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2. GENERAL TERMS OF SALE
1. Scope of application
These general terms and conditions of sale (hereinafter the " GTS ") define the reciprocal rights and obligations in case of purchase of products or services on the Platform by a User (hereinafter " Customer ").
The GTS express the entirety of the obligations of the parties. The Customer is deemed to accept them without reservation, failing which his order will not be validated.
In exceptional cases, the provisions of the GTS may be waived insofar as such waivers have been agreed upon in writing. These deviations may consist of the modification, addition or deletion of the clauses to which they relate and have no effect on the application of the other provisions of the GTS.
El Assl Hagiar reserves the right to modify the GTS from time to time. The changes will be applicable as soon as they are posted online for any purchase after that date.
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2. Online store
Through the Platform, the Seller provides the Customer with an online store presenting the products or services sold, without the photographs having any contractual value.
The products or services are described and presented with the greatest possible accuracy. However, in the event of errors or omissions in the presentation, the responsibility of the Seller cannot be committed of this fact.
The products and services are offered within the limits of their availability.
Prices and taxes are specified in the online store.
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3. Price
The seller reserves the right to modify its prices at any time by publishing them online. Only the prices indicated and the taxes in force at the time of the order will be applied, subject to availability at this date.
The prices are indicated in euros and do not take into account the possible delivery costs, which are indicated and invoiced in supplement before the validation of the order by the Customer.
The total amount of the order (including all taxes) and, if applicable, delivery charges is indicated before final validation of the order form.
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4. Online order
The Customer has the possibility to fill in an order form online, by means of an electronic form. By filling in the electronic form, the Customer accepts the price and the description of the products or services.
In order for the order to be validated, the customer must accept these GTS by clicking on the indicated area.
The Customer will have to choose the delivery method and validate the payment method.
The Seller reserves the right to block the Customer's order in case of non-payment, wrong address or any other problem on the Customer's account, until the problem is solved.
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5. Confirmation and payment of the order
The Seller remains the owner of the ordered items until full payment of the order is received.
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a. Payment
The Customer makes the payment at the time of the final validation of the order using the chosen method of payment. This validation is considered as a signature.
The Customer guarantees the Vendor that he/she has the necessary authorizations to use this method of payment and acknowledges that the information given to this effect is proof of his/her consent to the sale as well as to the due date of the sums owed for the order.
The Vendor has set up a procedure for verifying orders and means of payment in order to reasonably guarantee against any fraudulent use of a means of payment, including by asking the Customer for identification data.
In case of refusal of authorization of payment by credit card by the accredited organizations or in case of non-payment, the Seller reserves the right to suspend or cancel the order and its delivery.
The Vendor also reserves the right to refuse an order from a Customer who has not paid in full or in part for a previous order or with whom a payment dispute is pending.
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b. Confirmation
Upon reception of the validation of the purchase together with the payment, the Seller sends the Customer an invoice, unless the latter is delivered with the order.
The Customer may request that the invoice be sent to an address other than the delivery address by sending a request to this effect to the customer service department (see contact details below) before delivery.
In case of unavailability of a service or a product, the Seller will inform the Customer by e-mail as soon as possible in order to replace it or to cancel the order of this product and possibly to refund the related price, the rest of the order remaining firm and definitive.
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6. Proof
Communications, orders and payments between the Customer and the Vendor may be proven by means of computerized records kept in the Vendor's computer systems under reasonable security conditions. The order forms and invoices are archived on a reliable and durable medium considered, in particular, as a means of proof.
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7. Delivery
Delivery is made only after confirmation of payment by the Seller's bank.
The products are delivered to the address indicated by the Customer on the online order form. Any additional costs resulting from incomplete or erroneous information provided by the Customer will be charged to the Customer. For reasons of availability, an order may be the subject of several successive deliveries to the Customer.
The delivery takes place, according to the mode chosen by the Customer, within the following time limits:
Express delivery 2-4 days
Standard delivery 3-6 days
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Delivery times are given as an indication. No compensation can be claimed from the Seller or the carrier in case of late delivery. If the delivery time exceeds thirty days from the order, the sales contract may be cancelled and the Customer reimbursed.
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a. Order verification
Upon receipt of the products, the Customer or the recipient shall verify the good condition of the product delivered or the conformity of the service provided.
In the event that one or more of the products ordered are missing or damaged, the Customer or the recipient must make the necessary reservations to the carrier at the time of delivery and immediately inform the Seller.
The verification shall be deemed to have been carried out as soon as the Customer or a person authorized by him has received the order without expressing any reservations.
Any reservation not made in accordance with the rules defined above and within the time limits set shall not be taken into account and shall release the Seller from any liability towards the Customer.
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b. Delivery error
In the event of a delivery error or non-conformity of the products in relation to the indications on the order form, the Customer shall inform the Vendor within three working days following the delivery date.
Any claim not made within the time limit shall not be taken into account and shall release the Seller from any liability towards the Customer.
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c. Exchanges
The product to be exchanged must be returned to the Seller as a whole and in its original packaging, according to the following procedures:
Product returned by mail within 14 days from the date of delivery of the order, to the following address
EL ASSL HAGIAR
Rue de la sucrerie 19 bte 1.2
7000 Mons
Belgique
Any claim and any return not made in the rules defined above and within the time limits could not be taken into account and will release the Seller from any responsibility towards the Customer.
Any product to be exchanged or refunded must be returned to the Seller as a whole and in its original packaging. The return costs are at the expense of the Customer.
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8. Warranties
The Seller guarantees the conformity of the products or services to the contract in accordance with the law in force at the time of its conclusion.
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9. Right of withdrawal
If the Customer is a consumer, he may exercise his legal right of withdrawal within 14 working days following the delivery of the goods or the conclusion of the service contract.
After having communicated his decision to withdraw, the Customer has 14 days to return the goods.
Any withdrawal not made in accordance with the rules and deadlines defined in this article shall not be taken into account and shall release the Seller from any liability towards the Customer.
The Customer may request a refund of the returned product, without penalty, except for the return shipping costs, which remain at the Customer's expense.
The return or exchange of the product can only be accepted for products as a whole, intact and in their original condition, in particular with complete, intact packaging and in saleable condition.
The Seller shall reimburse the Customer for the full amount paid within 14 days of the recovery of the goods or of the transmission of a proof of shipment of the goods.
If the order concerns, in whole or in part, digital content not provided on a physical medium, Customer hereby agrees to forfeit, for such digital content, its right of withdrawal in order to be delivered as soon as possible.
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Sample withdrawal form
To the attention of :
El Assl Hagiar
Rue de la sucrerie 19 bte 1.2
7000 Mons
Belgique
N° d’entreprise : BE 0737.959.964
E-mail : hajishop.contact@gmail.com
I/We(*) hereby notify you of my/our(*) withdrawal from the contract for the sale of the following goods:
Ordered on (*)/received on (*) : ___________
Name of customer(s): __________
Address of customer(s): ____________
Signature of customer(s) (only if notifying this form on paper):
Date : ____________
*Differ the unnecessary mention
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10. Force majeure
If the Seller is prevented from fulfilling the order in whole or in part due to an unforeseen circumstance beyond its control, this shall be deemed to be force majeure.
In the event of force majeure, the Seller shall be entitled to suspend the execution of the order, in whole or in part, for the duration of the force majeure. The Seller shall notify the Customer immediately;
If the force majeure continues for more than 90 days without interruption, either party to the contract shall be entitled to terminate the contract unilaterally by registered letter sent to the other party. The services already performed by the Seller shall nevertheless be invoiced proportionally to the Customer.
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11. Independence of the clauses
The illegality or invalidity of any provision of these GTS shall not affect the validity and enforceability of any other provision. Seller reserves the right to replace the illegal or invalid provision with another valid provision of similar scope.
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12. Applicable law and jurisdiction
The present GTS are governed by Belgian law.
In the event of a dispute and in the absence of an amicable agreement, the dispute shall be brought before the courts of the judicial district of the Seller's registered office.
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