Terms and conditions of sale for the www.octopurse.be website (hereinafter the "Site")

 

Article 1: Scope of application

These general terms and conditions of sale (GTCS) apply exclusively to all sales of products concluded between Daphné Parthoens (hereinafter Octopurse) and non-professional consumers via the Site, hereinafter the "Customer(s)". These GCS do not apply to professionals purchasing within the framework of their professional activities, wholesalers and distributors.

 

Products" refers to all products marketed via the Site.

 

Octopurse Address" means the following Octopurse postal address: 72 Chera de la Gombe - 4130 Esneux - Belgium.

You can find all information about Octopurse here

The fact of placing an order implies the Customer's full and unreserved acceptance of these GTC, to the exclusion of all other documents such as catalogs, leaflets, etc. issued by Octopurse and which have only an indicative value. Any contrary condition opposed by the Client will therefore be, in the absence of express acceptance by Octopurse, inopposable to Octopurse, regardless of when it may have been brought to its attention. The fact that Octopurse does not take advantage at a given time of any of the provisions of these GTC can not be interpreted as a waiver to take advantage later of any of these conditions. Octopurse reserves the right to modify these GTC at any time.

 

Article 2 : Photos

The essential characteristics of Octopurse Products are described alongside one or more photographs which may, despite all the precautions of the company Octopurse include minimal differences with the item for sale may come from the distance of shooting, processing photographs and mode of transmission and display of data on the screen. The company Octopurse can not be held responsible.

 

Article 3: Ordering

3.1 The Customer places an order according to the process in force on the Site, namely:
- you can start by choosing your Products without logging in, but we recommend that you log in at the beginning of your visit in order to purchase. If you wish to log in at the beginning of your visit, click on "Login" in the menu at the top of the page. If you already have an account, click on "Log in" and then on "Log in with e-mail", enter your e-mail address and click on "LOG IN". If you need to create an account, click on "Register".
- To start shopping: choose a product and click on the product sheet to view its characteristics (size, color, variations, price, etc.).
- Click on "Add to cart" to order the product.
- The product is automatically added to the shopping cart, which can be viewed by clicking on the button at the top right of the screen.
- Step 1 "My basket": in the basket, you can choose to change quantities, cancel Products, continue shopping, add a promotional code and confirm. If you choose to confirm: click on "Checkout".

- Step 2 "Checkout": the "Checkout" page will ask you to sign in if you already have an account, or to perform an express checkout if you don't. We recommend that you sign in. We recommend that you identify yourself, as this will make it easier to track your order.
- Step 3 "ADDRESS": choose a delivery address, select your delivery method. The delivery time and price are indicated next to each possible delivery method. However, delivery times are indicative and Octopurse cannot be held responsible for any delays in deliveries made by a service provider. For further details, please refer to article 8.
- Step 4: "PAYMENT": choose your payment method: PayPal (with PayPal account, or with credit card without PayPal account) or Credit Card.

- Your order is only effective once payment has been made. Before that, you can modify or cancel your order. After that, please contact us if you have any questions: contact@octopurse.com

 

3.2 The order is summarised in a document called "MY CART", which can be consulted at any time and which includes all the elements of the order and will indicate the total price including delivery costs depending on the delivery method chosen.

 

3.3. When creating an account, the Customer must fill in all the mandatory fields: title, first name, surname, address, access code, floor, building number and other necessary information, as well as the telephone number where the Customer can be contacted during the day. In this respect, the Customer is required to provide honest and truthful information.

 

3.4. The Customer may cancel his order, even before delivery, under the conditions set out in Article 9 "Right of withdrawal".

 

Article 4: Order Confirmation

4.1. Once your order has been finalized, you will receive a first e-mail summarizing the details of your order, a second e-mail confirming payment and possibly a third e-mail from PayPal.

Products are offered for sale while stocks last.

4.2 Octopurse reserves the right not to confirm an order for any reason whatsoever, including either a supply problem of Products, or a problem with the order received. In any case, the Customer will be informed as soon as possible by Octopurse which will propose a replacement or refund.

 

Article 5 : Prices – Invoice

Prices are expressed in Euros and include VAT. The price guaranteed to the Customer is that displayed on the Site at the time the Product is placed in the basket. This price is firm, definitive and non-negotiable. Prices include VAT applicable on the day of the order. They therefore include VAT.

Minimum delivery charges are indicated in the shopping basket. In the "Delivery" section, the Customer can then choose a different delivery method, with the delivery time and price indicated alongside each of the possible delivery modules.

Any change in the applicable VAT rate may be reflected in the sale price of Products in the catalog. For deliveries outside the European Union, the Customer must pay any customs duties, VAT or other taxes due on the importation of Products into the country of delivery. The related formalities are also the sole responsibility of the Customer, unless otherwise specified. The Customer is solely responsible for verifying the possibility of importing the Products ordered under the laws of the country of delivery.

 

The "TOTAL" indicated at the end of the order summary includes delivery charges and VAT. Once the order has been processed, an invoice will be available for download from the customer's account, by clicking on "MY ACCOUNT", then "ORDER HISTORY AND DETAILS", then on the box corresponding to the order line and the "Invoice" column. If no link is present, or if downloading is difficult, an invoice will be sent by e-mail on request to contact@octopurse.be.

 

Article 6 : Payment

The means of payment accepted are indicated on the website at the beginning of the order process. Payment of the full price is due at the time of ordering. No order can be finalized online without payment. The Customer undertakes to pay the total price stipulated on the order summary and to pay or have paid, where applicable, directly to the forwarding agent or carrier, any customs duties, VAT or other taxes due on the importation of the Products into the country of delivery. The Customer pays for his order by PayPal or by credit card as proposed on the Site.

Before proceeding to payment, the Customer indicates that he/she accepts without reservation the present General Terms and Conditions of Sale as they exist on the day of his/her order, and of which he/she will have been made aware beforehand.

Payment of the order constitutes an irrevocable commitment on the part of the Customer, which cannot be called into question except in the cases exhaustively provided for in the present GCS in the articles "Right of withdrawal" and "Guarantees".

 

Article 7 : Payment security

For the security of your payments, Octopurse uses "PayPal", an autonomous credit card payment solution. With this system, the payment by card or through a PayPal account is made directly on the secure server of PayPal on behalf of Octopurse. The client must also read and accept the PayPal terms and conditions.

For payment by credit card (CB, VISA or MASTERCARD): Through our partner Wix Payments.

 

Article 8 : Delivery

8.1 Products are delivered to the address indicated by the Customer on the "address" form (Step 3). In the case of payment by PayPal, the Customer must check that the address used for his/her PayPal account is the same as the desired delivery address.

8.2 Orders will be processed within an average of 5 working days from the date of payment, subject to product availability. Delivery times are given as an indication and cannot engage the responsibility of Octopurse. In case of stock shortage, or unavailability of the Product ordered, Octopurse undertakes to inform the Customer as soon as possible and to specify a period of availability. The Customer will confirm by e-mail his choice between waiting for the availability of the Product or being reimbursed, excluding any damages.

Delayed delivery shall not give rise to any withholding, penalty, compensation or indemnity.

 

8.3 If 30 (thirty) days after the order, the Product has not been delivered, for any reason other than force majeure, the sale may, then, be terminated at the request of either party by letter RAR, to the exclusion of all damages. Are considered as force majeure discharging Octopurse from its obligation to deliver: war, riot, fire, strikes, accidents, regulation or requirement of public authority, or any other unavoidable event, unforeseeable and beyond the control of Octopurse. Octopurse will keep the Customer informed, in a timely manner, of the cases and events listed above. Octopurse will reimburse the Client for all sums paid, at the latest within 14 (fourteen) days following the date on which the contract was terminated.

8.4 In any case, timely delivery can only occur if the Customer is up to date with its obligations towards Octopurse.

8.5 Upon delivery, the Customer must check the content, conformity and condition of the Product(s). In the event of a problem, the Client must follow the complaints procedure described in articles 9 and 10 below.

 

Article 9 : Right of withdrawal

For deliveries within the European Union, the Customer has a period of 14 calendar days from receipt of his order to notify Octopurse that he wishes to exercise his right of withdrawal. He is informed that the return of the Product(s) will take place, at his expense, for exchange or refund. If this period expires on a Saturday, Sunday or holiday, it is extended until the next business day.
Deliveries outside the European Union cancel the right of withdrawal.
In the event of the purchase of several Products, in a single order and delivered separately, the withdrawal period begins on the day the Customer takes physical possession of the last Product.

Notification of the exercise of the right of return may be made: by e-mail to contact@octopurse.be or by registered letter. The Customer may in particular use the following text:

For the attention of Octopurse - 72 chera de la Gombe - 4130 Esneux - Belgium :

I/We... hereby notify you of my/our withdrawal from the contract for the sale of the goods
Ordered on ... / received on ...
If you know the order number: ...
Name of consumer(s): ...
Address of consumer(s): ...
Bank details for refund: ...
Signature of the consumer(s) (only in the case of notification of this form on paper) :
Date: ...

 

Octopurse will acknowledge receipt of the Customer's request.

After having notified Octopurse of its desire to benefit from the right of withdrawal, the Customer has 30 days to return the Product in its original condition and packaging to the address of Octopurse.

It must not have been used, nor have suffered any deterioration, however slight, and be in a perfect state of cleanliness. This right of withdrawal is exercised without penalty, except for the cost of return which remains the responsibility of the Customer. Within a maximum period of 30 (thirty) days from receipt of the Product at the address of Octopurse, the Customer will be reimbursed the sums paid.

As an exception to the above, the right of withdrawal does not apply to contracts for products made to measure, according to the Customer's specifications or personalized.
Therefore, the Customer cannot exercise his right of withdrawal for these products, which cannot be returned to Octopurse for exchange or refund.

 

Article 10: Warranties

10.1 Octopurse does not give any guarantee for apparent defects, detectable after normal examination of the Product, which may affect the said Product delivered and which have not been reported by the Client under the conditions stipulated below.

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The responsibility of the Client remains engaged with regard to the depreciation of the Products which would result from handling of the Products other than that necessary for the use of the Products.

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10.2 Legal guarantee of conformity :

The legal warranty of conformity covers defects in the conformity of the Product and packaging in the following situations:
- Goods unfit for the use normally expected of similar goods,
- Goods that do not correspond to the description given by the seller,
- Goods that do not possess the qualities advertised by the seller or agreed with the Customer.

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In order to benefit from the legal guarantee of conformity, the defect in the Product must exist on the date of purchase. The Customer is exempted from having to prove the existence of the lack of conformity of the good during the 24 months following the delivery of the Product. If the defect appears more than 24 months after purchase, the Customer may not benefit from the guarantee of conformity unless he/she can prove that the defect existed on the day of purchase.

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Octopurse will request a return of the Product in order to carry out an expertise of the Product.

 

In case of lack of conformity, the Customer chooses between reimbursement or replacement of the Product.

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The Customer has a period of 2 (two) years to return the Product to Octopurse by attaching (i) a letter explaining the problem indicating the date of discovery of non-compliance, (ii) the delivery order and (iii) the invoice.

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No costs will be charged to the Client for replacement, repair, reduction or cancellation of the contract. 

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10.3 Octopurse is also bound by the legal guarantee of hidden defects.

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To invoke the guarantee of hidden defects, the defect of the Product must meet the 3 following conditions:

- Be hidden, i.e. not apparent at the time of purchase,

- It must render the product unfit for its intended use, or significantly impair its use,

- Exist at the time of purchase.

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It is up to the Customer to prove the existence of a hidden defect.

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The Customer has a period of 2 (two) years to return the Product to Octopurse by enclosing (i) a letter explaining the problem indicating the date of discovery of the defect, (ii) evidence of the existence of the defect (iii) the delivery order and (iv) the invoice.

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Octopurse will carry out an expertise of the Product upon receipt.

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If Octopurse considers that the warranty for hidden defects can be implemented, it will reimburse the price of the Product appearing on the invoice. 

 

Article 11 : Personal data

As data controller, Octopurse processes some of your personal data. Octopurse undertakes to respect the General Regulation on data protection.

 

11.1 The data requested from the Client during an order are essential for the processing and delivery of orders and the establishment of invoices. For these purposes, this information may be communicated to contractual partners of Octopurse such as the payment provider or the delivery service.

 

The legal basis of the processing is therefore the execution of the contract.

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Bank details are not kept by Octopurse.

 

You can, even without creating an account, subscribe to our newsletter by entering your email address. This address will not be transferred or sold to third parties and its collection simply allows us to keep you informed of Octopurse news and special offers. The legal basis of the processing is the legitimate interest of Octopurse.

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The personal data of the clients are kept for a period of 5 years.

 

11.2 Customers have the right to access, modify, rectify, limit and delete their personal data by clicking on the "RGPD - Données Personnelles" link in their customer area.

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Customers may also oppose the use of their email address by clicking on the unsubscribe link in the footer of emails sent.

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Customers' personal data is kept for a period of 5 years from the date of the order. 

 

Your data will not be transferred by Octopurse to a country outside the European Union.  If you have chosen to pay by Paypal, you can consult their rules on transfers here:

 

https://www.paypal.com/fr/webapps/mpp/ua/bcr

 

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11.3 Cookies

The company Octopurse uses the following types of cookies:

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- Session cookies: data recorded to ensure the proper functioning of the service and facilitate navigation;

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- Audience measurement cookies: cookies to collect statistics in aggregate form in analysis tools such as Google Analytics or Facebook tracking and audiences;

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-Advertising cookies, which enable us to send you personalised emails.

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Customers may deactivate cookies by choosing :

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- In the Internet Explorer browser menu, select "tools" and then click on the "navigate in private" function;

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- In the Mozilla Firefox menu: select "Options", then "Privacy": in the "History" area, for the "Retention rules" option, select "Use personalised settings for history", and uncheck the "Accept cookies" box. 

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Cookies and associated data will be stored for a maximum of 13 months.

 

Article 12: Forgotten password

If you have forgotten your password, you can click on "forgotten password" and enter your e-mail address. We will send you an e-mail with a link to reset your password.

 

Article 13: Contract formation and proof

The "validation click" on "pay" constitutes proof of the formation of the sales contract. This electronic validation between the parties has the same value as a handwritten signature. The click in the box announcing acceptance of the general terms and conditions of sale also constitutes proof of unreserved acceptance of these GTCS.

You declare that you understand all the provisions of these terms and conditions.

We recommend that you print out a copy and keep it.

The computerized registers, stored in the computer systems of Octopurse in reasonable conditions of security, will be considered as proof of communication, orders and payments between the parties.

The archiving of orders and invoices is made on a reliable and durable support that can be produced as evidence.

 

Article 14 : Intellectual property

Octopurse is the owner of intellectual property rights on the Site and the right to distribute the elements contained in the catalog of the Site - including photographs, for which Octopurse has obtained the necessary permissions from the persons concerned, or Octopurse is the author. Consequently, any total or partial reproduction of the Site is strictly prohibited, as well as all elements contained on the Site.

Any reproduction or use of the elements of the Site would constitute a violation of the regulations concerning intellectual and industrial property.

The Products themselves, as original creations, are also protected by national and international provisions on copyright.

Octopurse reserves the right to take legal action against any person who infringes its rights and these terms of sales.

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Article 15 : Security

Octopurse undertakes to ensure the operation of the Site to allow optimal use in the conditions defined in these general conditions.

Octopurse undertakes to implement technical and organizational measures in accordance with the state of the art to protect your data.

The service may be occasionally suspended due to maintenance interventions necessary for the proper functioning of the Site.

 

Octopurse can not be held responsible in case of malfunction of the Site due to maintenance, technical problems, inability to access the Site and failures of the hosting server or access providers.

 

Article 16 : Links

The Site contains hypertext links from partners. In the event that the user consults the partner sites, Octopurse declines all responsibility for access, content, and use of the sites, and any damage that may result.

 

Article 17 : Entire contract

The present general sales conditions express the entirety of the obligations of the parties. No other general or specific condition communicated by the Customer may be integrated into or derogate from the present terms and conditions.

 

Article 18 : Conflicts

We are confident that our customer service: contact@octopurse.be, will be able to help you in case of concern.

General sales conditions updated on 8/02/24