TERMS AND CONDITIONS OF SALE
ULTRA ORGANIC
January 2023 version
Article 1. General
These general conditions (the “General Conditions”) are those of the Moroccan limited liability company W INTERNATIONAL WAY SARL AU, whose registered office is located in Nador, Boulevard Hassan II, Immeuble BMCE, appt 9, and which has a branch established in Belgium at 1000 Brussels, Avenue Avenue des Arts 56, registered with the Banque-Carrefour des Entreprises under number 0715.585.529 (the “Company”).
The Company is in the business of selling and offering its customers the opportunity to order Services (the “Product(s)”), as described on the Company’s online store at https://www.ultra-organic.com/ (the “Site”).
The customer is any company that places an order on the Company’s website: https: //www.ultra-organic.com/ (the “Customer”).
Article 2. Application and acceptance of the General Conditions
Any purchase made via an order validated on the Site or directly with the Company is subject to the present Terms and Conditions.
Only these General Terms and Conditions apply to the relationship between the Parties for any purchase made from the Company, directly or via the Site, to the exclusion of all other general terms and conditions, including any general terms and conditions of the Customer.
Article 3. Creating an online customer account
Before being able to make a purchase on the Company’s Site, the Customer must register on the Site by creating a customer account. The Customer guarantees that the data he/she fills in for this purpose on the Site is correct and true. After creating a customer account, the Customer can place an order on the Site by logging on to the Site. Customers can modify their contact details at any time in their customer area. The Customer is solely responsible for the use and confidentiality of his password and for the management and use of his customer account.
The Company reserves the right to delete, deactivate, suspend or block access to the Customer’s account in the event of abuse by the Customer or in the event of a breach of these General Terms and Conditions. In this case, the Customer shall not be entitled to any indemnity or compensation.
Article 4. Order confirmation
Customers place their orders via their customer account on the Site or directly with the Company, choosing from the various products available.
Before confirming his/her order, the Customer also chooses the delivery method he/she wishes.
When the order is finalized, the Customer will be given a complete overview, including all charges and taxes. In order to proceed with the purchase, the Customer must formally confirm his order and, to this end, accept the application of the present General Terms and Conditions by ticking the appropriate box.
The customer is then redirected to the online payment platform to proceed with the full prepayment of his order. In certain cases only, and only when orders are not placed via the Company’s website, the Company may allow the Customer to pay a deposit corresponding to 70% of the order and to pay the balance upon delivery of the order.
As soon as payment for the Customer’s order has been confirmed, the Customer will receive an e-mail confirming the order, including a detailed description of the products ordered.
Article 5. Modification or cancellation of an order
If the Customer wishes to modify or cancel the order he has placed with the Company or via the Company’s website, he may do so within 24 hours by contacting the Company by e-mail at: support@ultra-organic.com. Any cancellation request made after this deadline will not be taken into account by the Company, and the order will be delivered in accordance with the Customer’s initial order.
Article 6. Order delivery
The Customer’s order is delivered in accordance with the Customer’s choice of delivery method when validating the order on the Company’s Site or directly with the Company.
At the Customer’s request, the Company may store the Products purchased by the Customer after delivery. In this case, the customer will be charged a storage fee. The Company declines all responsibility in the event of deterioration or theft of the Customer’s Products during storage. Where applicable, it is the Customer’s responsibility to make the necessary arrangements to store the Products or to cover the risk inherent in storage.
Article 7. Payment and billing
Products are invoiced on the basis of the prices indicated in the offer at the time of the order validated via the Company’s Site or placed directly with the Company. Prices are final and include all taxes.
The company accepts the following payment methods: bancontact, credit card and bank transfer. Depending on each order, the Company reserves the right not to offer certain payment methods or to offer others. All costs associated with the payment of an order are and remain the responsibility of the Customer.
In the case of payment by invoice, any delay in payment by the Customer will give rise, ipso jure and without prior formal notice, to interest at the rate of 12% per annum from the 8th day following the due date of the overdue invoice, until full payment. In addition, any delay in payment of 30 days following the issue of the overdue invoice will entitle the customer, without prior formal notice, to a conventional fixed indemnity of 10% of the unpaid amount, with a minimum of €50.00.
The company also reserves the right to suspend delivery of its order to the customer until receipt of the full amount of the invoice issued for the said order or of any other order from the customer.
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Article 8. Company responsibilities
The Company is only bound by an obligation of means towards the Customer with regard to the delivery service of the Products ordered. The Company cannot be held responsible for late or non-delivery of products. In such cases, the Company will, as far as possible, contact the Customer to enable him to cancel his order in whole or in part, or to change the delivery date. The Company cannot be held responsible for any indirect or consequential damage, nor for any damage that was not foreseeable at the time the Customer’s order was validated.
The Company always has the right to refuse or cancel an order if there is a prior dispute with the Customer concerned, if the Customer does not use the Site correctly, or if the Customer repeatedly cancels orders late. In addition, the Company is always entitled to contact the Customer in order to verify the accuracy of the order.
Article 9. Personal data
In its dealings with its Customers, the Company declares that it meets the requirements of Regulation No. 2016/679 of the European Parliament and of the Council of the European Union of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and guarantees the protection of the rights of the persons concerned.
Further information on this subject may be obtained by consulting the privacy policy statement, as published on the Company’s Site or communicated to the Company upon simple request by the Customer.
Article 10. Product conformity
The Company endeavors to receive reliable data from its suppliers and to communicate this reliable data on its Site. However, the Company cannot guarantee the accuracy, completeness and/or timeliness of such data. Differences may appear between the data indicated on the Site and that on the Product labels, notably for technical reasons inherent in stock rotation. The data available on the Site does not replace the data mentioned on the labels of the Products delivered. In the event of any discrepancy, the information on the Product labels shall prevail.
The Company warrants that the Products meet reasonable expectations of reliability and usability.
The Company also guarantees that, at the date of conclusion of the sales agreement, the Products comply with the applicable legal provisions.
Article 11. Challenges
Complaints concerning the Products must be made in writing (in the customer area on the Company’s website, by post or by e-mail) to the Company within 24 hours of the date of delivery of the Products. In the event of a claim made by post, the postmark will be taken as proof. In the absence of a claim within these deadlines, no claim will be accepted.
The Customer accepts that communications and electronic files recorded by the Company in connection with the processing of his/her order may be used as evidence.
Article 12. Autonomy of clauses
The illegality, invalidity, abuse or non-binding nature of any provision of these General Terms and Conditions or part thereof shall not affect the binding nature of the other provisions or paragraphs.
Article 13. Modification of these General Conditions
The Company is free to modify the General Conditions at any time. They can only be modified by a subsequent written document, a copy of which will have been communicated by the Company to the Customer at the same time as the invoices or any other contractual document are sent. In the event of no objection within 8 days of their dispatch, the new General Terms and Conditions shall be deemed to have been accepted by the Customer, in all their provisions. It is the Customer’s responsibility to consult the current terms and conditions before confirming any order with the Company or via the Site.
Article 14. Applicable law and jurisdiction
Any dispute relating to the interpretation, performance or termination of the Agreement binding the Parties, or any dispute directly or indirectly connected with these General Terms and Conditions, shall be governed by Belgian law and shall fall within the exclusive jurisdiction of the French-speaking courts of Brussels.
