Terms and conditions
Article 1 - Identification
Company name: Atlantic 12 srl
Head office address: 8, avenue Limbourg, 1070 Brussels, Belgium
VAT: BE 0597 738 150
Website: www.atlantic12.com
E-mail: info@atlantic12.com
Article 2 - Application
The present terms and conditions apply to all sales of items presented on the Boutique du Chat or any other site using the same sales interface. Any order placed on this site therefore implies unreserved acceptance of these conditions. Only the “Buyer” may invoke these terms and conditions, and in particular the provisions relating to warranty. Atlantic 12 srl reserves the right to modify these terms and conditions at any time and without prior notice, in which case the modifications will apply only to orders placed after the date of implementation. These general terms and conditions of sale are permanently accessible via the www.atlantic12.com website in computer formats that allow them to be printed and/or downloaded, so that the “Buyer” can reproduce or save them.
Article 3 - Products
Article 3.1 - Prices
Prices are indicated in euros, inclusive of all taxes, and are valid only on the date the order is placed. They are subject to Belgian value-added tax, and any change in the legal rate of this tax will not be reflected in the price of the articles presented on the date stipulated by the applicable legislative or regulatory text. The final selling price to the consumer will therefore remain the same everywhere (but the breakdown between the price excluding tax and including tax will vary according to the country's value-added tax).
Item prices may be modified at any time due to introductory offers, promotions or sales. Only the price displayed on the site is binding between the parties.
The price displayed does not include delivery charges.
Article 3.2 - Delivery charges
Delivery charges are indicated before the order is validated by the “Buyer” and may vary according to the geographical zone to which the items are delivered. These costs cannot be contested by the “Buyer”, as he/she must have been aware of them when paying for his/her order.
Delivery charges include preparation and packaging costs as well as shipping costs. Delivery costs vary according to the destination of the shipment.
Delivery is free for orders of EUR 200.00 or more, regardless of the final destination.
Prints are sent in rigid tubes protected by a sleeve of sufficient thickness to protect them completely during shipment. Shipments are guaranteed.
Delivery charges are not refunded in the event of cancellation of an order after shipment, and will therefore be deducted from the amount of the refund made by Atlantic 12 srl, which will take place within 30 (thirty) days of cancellation.
Article 3.3 - Availability
Offers are valid as soon as they are presented and while stocks last, unless otherwise indicated. These offers are non-binding and subject to purchase. However, the “Buyer” will be informed within 48 hours of placing an order, if an item is unavailable. The “Buyer” will then have the option of cancelling the order and i) obtaining a refund of the sums paid within 30 days of payment or ii) exchanging the item.
Article 3.4 - Conformity
The items offered for sale on www.atlantic12.com comply with the standards applicable in Belgium. Elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the items in the online catalog are not contractual and may be modified at any time. Consequently, Atlantic 12 srl cannot be held responsible for any errors or omissions in any of these elements, or for any modifications made to said elements by suppliers and/or manufacturers.
The essential characteristics of each item are described on the appropriate pages of the site,
The “Buyer” therefore acknowledges that he/she has consulted all the information relating to the item prior to his/her purchase, and that the latter complies in all respects with his/her request.
Article 4 - Conclusion of contract
In all cases, the sales contract is only deemed to have been concluded when the consumer's account is debited in the case of payment cards, or when the bank transfer is received in the case of bank transfers.
Article 4.1 - Order with payment obligation
The “Buyer” places his order with obligation of payment by following the procedure which is indicated to him. The automatic registration systems on the www.atlantic12.com website are considered as proof of the nature, content and date of the order.
Confirmation by the “Buyer” of the online order with payment obligation constitutes an electronic signature which has, between Atlantic 12 srl and the “Buyer”, the same legal value as a handwritten signature.
The sale will not be concluded until Atlantic 12 srl has confirmed the order by e-mail. Atlantic 12 srl reserves the right not to confirm an order for any reason whatsoever, in particular due to the supply of articles, to a problem concerning the order (e.g.: order with abnormal quantities or amounts) or to a foreseeable problem concerning the delivery to be carried out.Atlantic 12 srl will inform the “Buyer” by e-mail. Any new order with payment obligation can only be taken into account after regular payment by the “Buyer” of any sums due for previous orders.
All orders subject to payment, accepted and confirmed by the “Buyer” are irrevocable without prejudice to (i) your right of withdrawal stipulated in article 6 and (ii) the right of Atlantic 12 srl (a) to refuse an order made in and/or destined for a geographical region not covered by its shipping service or (b) to offer a similar item which the “Buyer” has the right to refuse without being liable for any costs in the event of stock shortage. In the latter two cases, the “Buyer” will be informed by e-mail.
Article 4.2 - Payment methods
To pay for his/her order, the “Purchaser” has the choice of the payment methods indicated when placing the order. The “Buyer” expressly declares that he/she has all the necessary authorizations to use the method of payment he/she has chosen when validating his/her order. The “Buyer” also undertakes to ensure that he/she is solvent before placing any order, failing which Atlantic 12 srl will be unable to deliver the items ordered.
Online payment allows the “Buyer” to pay for his order via a bank server, in a secure environment (https protocol and encryption key - INGENICO and PAYPAL). The order validated by the “Buyer” will not be considered final until the bank payment center has validated the transaction.
The “Buyer” is further advised that Atlantic 12 srl may proceed with the analysis and/or verification of orders placed in order to combat fraud, and in this context reserves the right to ask the consumer for any proof it deems useful.
Atlantic 12 srl reserves the right to cancel or suspend any order and/or delivery; even in the event of payment authorization issued by the financial institutions concerned, in cases where this analysis and/or these verifications would suggest that the said order has been placed in fraud of the rights of a third party; in particular in the event of suspected fraud, computer problems, refusal of authorization for payment by credit card by the “Buyer's” banking institution, in the event of an existing commercial dispute with the “Buyer”.
The consumer's bank details are therefore not in the possession of Atlantic 12 srl at any time; it is therefore the responsibility of the bank to keep them safe and to maintain their integrity.
For payments made by Belgian residents, payments will be definitively acquired by Atlantic 12 srl at the end of the 14 (fourteen) day period referred to in Article 8.
Atlantic 12 srl cannot be held responsible for the consequences of any misappropriation or use (fraudulent or not) of any means of payment by a third party, particularly in the case of interception of messages, which would not have been detected by this analysis and/or verification procedure.
Article 5 - Shipping
Items are delivered to the address indicated by the “Buyer” when placing the order online or offline.
In the event of erroneous or incomplete information resulting in the impossibility for the carrier to proceed with delivery, Atlantic 12 srl will contact the “Buyer” using the contact information left on the contact form (one of the purchase steps). If these contact details are also incorrect, Atlantic 12 srl will have no choice but to wait for the “Buyer” to contact Atlantic 12 srl again using the contact details clearly indicated on the site.
The “Buyer” must check the condition of the packaging of the goods upon delivery and report any damage to the carrier and Atlantic 12 srl.
In any case, the “Buyer” must, in the event of apparent or hidden damage, notify his complaint by e-mail in the form provided for in article 14 of these general conditions of sale.
If the “Buyer” does not receive delivery within one month of placing the order, he/she must inform Atlantic 12 srl by e-mail (info@atlantic12.com). In such a case, Atlantic 12 srl is dependent on the deadlines imposed by the carriers for the declaration of loss and reimbursement of the shipment. These times may vary depending on the carrier. Therefore, no refund will be made to the customer until the carrier has declared that the items ordered have been lost. As soon as the carrier has declared the loss, Atlantic 12 srl will proceed with the reimbursement, the exchange of the article or the delivery of vouchers to the consumer.
Article 5.1 - Delivery - Absence
Items ordered are delivered to the customer's mailbox, if this is possible. If necessary, a delivery notice will be left so that the “Buyer” can collect his order from his local post office. If the “Buyer” refuses to accept delivery, he/she will be reimbursed for the amount of the order, minus the shipping costs incurred by the delivery, plus any costs incurred as a result of the refusal.
Article 5.2 - Delivery times
Packages are generally dispatched within 3 to 7 working days after receipt of payment. Packages are dispatched via bpost (Belgian Post) and delivered without signature.
The delivery times indicated on www.atlantic12.com are given as an indication. Any delays do not give entitlement to compensation.
Items not in stock and/or dispatched outside Belgium will be subject to a longer delivery time, which will be indicated when the order is finalized. In the case of international shipments, Atlantic 12 srl declines all responsibility for any taxes and/or additional costs incurred by the “Buyer” when collecting the item (customs duties, etc.).
Article 6 - Right of withdrawal
In accordance with Articles 47 to 53 of Book VI “Market Practices and Consumer Protection” of the Code of Economic Law (CDE), the “Buyer” has the right to notify Atlantic 12 srl, at the e-mail address info@atlantic12.com, that he/she renounces the purchase, without penalty and without giving any reason, within 14 (fourteen) calendar days from the day following the delivery of the items.
To do this, the consumer can use the RETURN FORM.
The goods must be returned at the expense of the “Buyer” within the same period, in their original packaging, undamaged, accompanied by all accessories, as well as the invoice/delivery note (or a copy) to the following address:
Atlantic 12 srl
8, avenue Limbourg
1070 Brussels
Belgium
Subject to compliance with the above provisions, Atlantic 12 srl will refund the items ordered for the amount indicated on the order form, excluding shipping costs, within 14 days (Atlantic 12 srl may defer the refund until recovery of the goods, or until the consumer has provided proof of shipment of the goods, whichever comes first) of being informed of the consumer's decision to withdraw from the contract in accordance with Article 49 of Book VI “Market Practices and Consumer Protection” of the CDE.
No refund will be made if the items are not perfectly intact.
The “Buyer” may no longer exercise his right of withdrawal in the event of the occurrence of one of the cases referred to in Article 53 of Book VI “Market Practices and Consumer Protection” of the CDE. Under these conditions, the item in question will not be taken back or exchanged, and the “Buyer” will bear the cost of returning the item.
Article 7 - Returns
Transport risks are entirely at the sender's expense, and it is therefore the sender's responsibility to take all necessary precautions to ensure the safety of the shipment, in particular by insuring the shipment. Return costs are entirely at the sender's expense, unless the return is due to an error by Atlantic 12 srl in the preparation of the order.
Article 8 - Warranty
In the event of a defective product, the “Buyer” must return it in accordance with the conditions set out in article 7 of these terms and conditions. Damage caused by misuse of the product or by an external cause (such as non-compliance with washing conditions) shall not give rise to a warranty. Apart from legal warranties, Atlantic 12 srl does not provide any additional contractual warranty for items purchased online or offline.
Article 9 - Customer service & Order tracking
For any information or question, our Customer Service is at your disposal.
Contact us by :
Telephone: +32 (0)474 79 56 92 Monday to Sunday between 6:00 pm and 8:00 pm (GMT+1)
E-mail: info@atlantic12.com
Mail: 8, av. Limbourg, 1070 Brussels, Belgium
Article 10 - Intellectual Property
All elements of the www.atlantic12.com website, including literary, graphic, phonographic, photographic and electronic data, are the property of Atlantic 12 srl and are protected by intellectual property rights.
Atlantic 12 srl is the sole owner of the right to use the reproductions of the authors whose works are presented on the Web, and to combine these elements with other content such as music, sound, dubbing, titles or subtitles, drawings, photographs, etc. The presentation of the work and/or its elements on the Web and the ensuing dissemination (including banners and hypertext links) are sovereignly defined by Atlantic 12 srl. Subject to the exceptions exhaustively enumerated by the law of June 30, 1994 on copyright and related rights, any reproduction, adaptation or public communication of texts, photographs or any other material distributed on the site www.atlantic12.com is strictly prohibited without the prior express written consent of Atlantic 12 srl.
In application of article 4 of the law of August 31 1998 transposing into Belgian law the European directive of March 11 1996 concerning the legal protection of databases, any extraction of a qualitative or quantitative part of the contents of the online catalog is illegal.
Article 11 - Personal data
Information and data concerning the “Buyer” are necessary for the management of the order and for our commercial relations. The “Buyer” undertakes not to usurp the identity of another person and not to use a false name. The data is stored in the “Buyer's” personal account. In addition, this data, once recorded, enables the “Buyer” to carry out future transactions more quickly.
The “Buyer's” personal data is processed in accordance with the law of December 8, 1992 on the protection of privacy with regard to the processing of personal data, revised by the law of December 11, 1998, which takes into account the European directives of October 24, 1995. This law stipulates that the person or company collecting data must have the consent of the person concerned, that the data must be accurate and that it must be collected for a precise, clear and legal purpose.
By law, the “Buyer” has the right to consult, delete, modify or correct data concerning him or her. Consultation, deletion, modification or correction by the “Buyer” may be made via the www.atlantic12.com website under the heading “My account”, by sending an e-mail to info@atlantic.com, or by post to the following address: 8, av. Limbourg, 1070 Brussels, Belgium.
Atlantic 12 srl is committed to respecting your privacy and guarantees not to communicate to third parties (whether free of charge or for a fee) without your consent any information collected in the course of our business relations.
Article 12 - Indivisibility - Force majeure - Applicable law - Competent courts
The mutual obligations resulting from the present general terms and conditions may be suspended in the event of a fortuitous event or force majeure. In particular, the circumstances usually considered as such by the jurisprudence of the Belgian Courts and Tribunals.
Should any provision of these general terms and conditions of sale be invalidated for any reason whatsoever, the parties agree that the other provisions shall remain in full force and effect.
In the event of any dispute concerning the application of the present terms and conditions, the parties agree to apply Belgian law with regard to both substantive and formal rules, and give jurisdiction to the courts of the judicial district of Brussels. All disputes must be settled amicably.
Article 13 - Contractual modification
These terms and conditions of sale may be modified at any time. It is the responsibility of each customer to keep abreast of any changes.
Any modification of these general terms and conditions of sale is enforceable against the “Buyer” within 72 hours of their publication online.
Article 14 - Complaints
Any complaint relating to an online or offline purchase must be made within 48 hours of delivery of the order, failing which it will be inadmissible.
All complaints must be sent by e-mail to the following address: info@atlantic12.com and must include the order number, the references of the item concerned and the precise reasons for the complaint.
Article 15 - Liability
The “Buyer” is informed that the liability of Atlantic 12 srl, whatever the nature of the loss, will in any event be limited to the amount of the order.
In the event of non-performance, Atlantic 12 srl shall not be held liable if the non-performance of the sales contract or its improper performance is attributable either to the “Buyer”, or to the unforeseeable and insurmountable act of a third party unrelated to the sale, or to a case of force majeure.
Article 16 - Proof
The computer logs processed by the computer systems of the www.atlantic12.com site are considered as valid proof between the parties (proof of orders, electronic communications, payments, etc.).