Name: Phaya Thai
Address: Drabstraat 36 - 9000 Ghent - East Flanders Belgium;
E-mail address: firstname.lastname@example.org
Phone number: 09 366 26 68
VAT number: BE 0737612249
I. Online purchase modalities
Article 1 – Subject matter and scope
- 1.1. The present General Terms and Conditions of Sale determine the rights and obligations of the parties in the context of the sale of products via the Internet site Phaya Thai, available at the address Drabstraat 36 - 9000 Gent - Oost Vlaanderen Belgium; The present General Terms and Conditions only govern the sale of products presented on the Site.
- 1.2. The General Terms and Conditions are concluded between, on the one hand, the company/natural person Phaya Thai. (VAT BE 0737612249..), with registered office tel 09 366 26 68., Drabstraat 36 - 9000 Gent - East Flanders Belgium;, hereinafter referred to as the "Seller", and on the other hand, the person who wishes to consult the Site and wishes to make a purchase, hereinafter referred to as the “Customer”. The Customer and the Seller are hereinafter jointly referred to as the “Parties”. The Parties agree that their relations are exclusively governed by these General Terms and Conditions, unless otherwise agreed.
- 1.3. Any order for a Product or service offered on the Site presupposes the prior consultation and express acceptance by the Customer of these General Terms and Conditions, without this acceptance being subject to a written signature by the Customer. In accordance with the legal provisions in force in Belgium regarding electronic signatures, the Seller may consider the Customer's order via the modalities offered (see article 2.3) as an electronic signature with the same value as a written signature, with the resulting contractual consequences .
- 1.4. The Customer ordering a Product on the Site must have full legal capacity.
- 1.5. The Seller reserves the right to amend the General Terms and Conditions and makes the new version available to Users via the Site.
Article 2 – Protection of privacy
The company Phaya Thai .. emphasizes its commitment to carefully respect the trust you have placed in it and to this end apply the legal obligations regarding the protection of privacy. Therefore, as a Customer, you have a right to access, change, correct and delete the data that concerns you, which you can exercise by contacting us, by letter at the address Drabstraat 36 - 9000 Gent - Oost Flanders Belgium;., by e-mail at the address email@example.com by telephone at the number 09 366 26 68...
Article 3 – Modalities for online purchases
- 3.1. Purchase price of the Product or service
The price of each Product or service sold on the Site is shown in Euro, including VAT. This price does not include delivery costs, which are borne by the Customer. The Products will be invoiced at the price in force at the time of order confirmation, even if the Seller changes its prices after the sale.
- 3.2. Delivery costs
When placing an Order, the Customer undertakes to pay the delivery costs in addition to the Purchase Price of the products ordered. The charges will be billed on the basis of the rates in force at the time of order confirmation, even if these charges are changed after purchase. These costs will not be refunded to the Customer if he returns his Order pursuant to his right of withdrawal or the legal guarantees as stipulated in Article 6 and Article 7 of these General Terms and Conditions.
- 3.3. To carry out an order, the Customer must complete the order form made available to him on the Site, send an email to the address firstname.lastname@example.org or complete his order by telephone; he will also have to provide the information necessary for the transaction through these channels. The Seller is not liable for the consequences resulting from the passing on of incorrect information. By placing his order, the Customer accepts the entirety of these General Terms and Conditions and undertakes to pay the entire amount due.
- 3.4. The data stored by the Seller constitutes proof of the contractual relations between the Parties.
- 3.5. The Seller reserves the right to cancel any order or any delivery in the event of an existing dispute with the Customer, non-payment of the total amount or part thereof in a previous order or refusal by the banking institutions to allow payment by credit card. to leave. In that case, the Seller's liability cannot be compromised.
- 3.6. The Customer can cancel his order as long as it has not been sent. The order will then be canceled immediately, as will the payment request if the payment has not yet been made. If the Seller has already received payment, the Customer will be refunded the full Purchase Price. After the delivery of the purchased products, the Customer can no longer cancel the order, but will be able to exercise his right of withdrawal (see article 6).
Article 4 – Payment methods
- 4.1. For the payment of the Purchases, the Customer has a choice of different payment methods:
- with a credit card of the type Visa, Mastercard or American Express
- with Bancontact
- via PayPal.
- 4.2. The validity of the payment may or may not be confirmed after verification with the issuing bank. If the payment is confirmed, the debit will be made according to the terms agreed with the bank that issued the card. The Product(s) remain the property of the Seller as long as full payment has not been received by the Seller.
- 4. 3. Liability
The Seller's liability cannot be compromised for inconveniences or damage inherent in the use of the Internet Work (including computer virus).
Article 5 – Shipment and delivery times
- 5.1. The delivery of the Product(s) that are the subject of the transaction is carried out by the Seller, anywhere in Belgium. The Seller will make every effort to ensure that the Order is sent to the address specified by the Customer within a few days of the Order being confirmed. The deliverer will present himself at the address specified by the Customer between 8 a.m. and 6 p.m., during working days, and will hand over the parcel to the addressee or to any other person present at the specified address. In case of absence, a message will be left in the mailbox with information on the procedure to be followed. It is then up to the Customer to collect his parcel or to contact the delivery person to agree on a new delivery mode for the parcel. If the Customer does not arrange a new delivery within a period of 2 weeks after the first arrival of the Order, or if he is absent from this new delivery, the Order will be automatically returned to the Seller. In that case, additional delivery costs may be required from the Customer.
- 5.2. Each delivery is deemed to have been completed as soon as the Product has been received by the Customer, with automatic transfer of risk to the latter. The receipt is drawn up by the delivery person.
- 5.3. Upon receipt of his parcel, the Customer must check the quality of his purchase and has the right to formulate any complaints under his right of withdrawal or the legal guarantees, as stipulated in Article 6 and Article 7 of these General Terms and Conditions. He may also refuse the package if it is clear that it has been opened or if it shows obvious signs of damage due to negligence during delivery. In this second case, the complaints must be communicated to the seller within three working days after delivery of the parcel.
Article 6 – Right of withdrawal and return methods
- 6.1. The consumer has the right to inform the company that he renounces his purchase, without payment of a fine and without giving any reason, within a period of fifteen (15) calendar days, counting from the day following the day of delivery. of the good or on the conclusion of the service contract in accordance with the provisions of the law of 6 APRIL 2010 on market practices and consumer protection. Counting from the intention expressed by the Customer to return all or part of his Order, he has a period of 10 calendar days to return the Products to the Seller. In the event of non-compliance with this term, the Customer will be deprived of his right of withdrawal and his order will be considered final.
- 6.2. The return to the Seller will be made to the following address: Drabstraat 36 - 9000 Gent - East Flanders Belgium; The Customer may choose the delivery method, but must be aware that the costs and risks associated with returning the parcel are his responsibility and that he must keep the proof of shipment.
- 6.3. In the event that the Customer exercises his right of withdrawal, the Seller undertakes, after checking the returned items (see article 6.5.), to refund the Purchase Price to the Customer at the latest within thirty (30) calendar days from the date of receipt by the Seller of the the returned package, delivery costs not included.
- 6.4. Methods of refund. If the Customer has paid for his order by credit card, a credit will be made on the credit card used by the Customer in the amount of the Purchase Price of the returned items. Reimbursement to the Customer will be made in accordance with the terms agreed with the bank issuing the card. If the Customer has paid via another payment method, the refund will be made by bank transfer to the account number provided to the Seller. The Seller declines any responsibility in the event of an invalid refund caused by an incorrect statement of the account number by the Customer.
- 6.5. The Customer will not be able to exercise this right of withdrawal if the delivered Products were clearly used, soiled and/or damaged or if parts are missing. The Product(s) must be returned in their original packaging, with all accompanying documents and accessories. If the returned items are not accepted for the above reasons, the Customer will have to take them back without refund.
Article 7 – Legal guarantee
- 7.1. Insofar as the Customer has the status of a consumer and insofar as the product concerned is a consumer good, the Customer benefits from the legal guarantee for any lack of conformity of the delivered products, in accordance with the Belgian legislation in force and for a period of two year from delivery. Any defect that is established within a period of 6 months after delivery will be regarded as an original defect. After this period of 6 months, the Seller may, if the circumstances so require, contest the fact that the lack of conformity was already present at the time of delivery of the product. If the warranty conditions are met, the Customer may demand the replacement of the relevant item, at no additional cost, within a reasonable time and subject to the availability of comparable items, or the refund of the Purchase Price. The Seller reserves the right to refuse the exchange or refund of the item under warranty if it appears that the item has not been used in accordance with the instructions for use or in the event of misuse by the Customer.
- 7.2. Contrary to the right of withdrawal (see Article 6), the Seller will refund to the Customer the return costs of the item for which the latter has invoked the legal guarantee, insofar as the return is carried out by the delivery person chosen by the Seller and the article may be subject to an exchange or refund (see article 7.1). In the event of an exchange, the delivery will also be borne by the Seller.
Article 8 – Disputes
- 8.1. These General Terms and Conditions are subject to Belgian law. Any dispute for which no amicable settlement could be found falls under the exclusive jurisdiction of the courts of the judicial district.
- 8.2. The exchanges between both Parties, kept by the Seller, will be considered as evidence to be considered.
- 8.3. These General Terms and Conditions form a contractual whole between both Parties. We aim to update these in accordance with Belgian legal changes that could have an impact on these terms and conditions. However, it may happen that one or more articles are declared invalid by virtue of a law, a rule or by final decision of a competent court. In this case, the remaining terms and conditions will nevertheless remain in full force and effect.