Terms of Sales

Article 1: Preamble

Our present general conditions are concluded between,

Firstly,

Koi Import El Patio SNC registered with the crossroads bank for Belgian companies under number BE 0534.730.613 and whose registered office is located in Brussels, Rue de la Presse 4, hereinafter referred to as “El Patio”.

And on the other hand,

Persons, aged at least 18, with the legal capacity to contract by themselves or through the intermediary of a person holding parental authority, their tutor, or their curator, wishing to make a purchase or order via the “El Patio” website (accessible via shop.elpatio.be) or direct purchases, hereinafter referred to as “the buyer”.

Together referred to as “the parties”,

The last update date of the general conditions is indicated at the top of this page. El Patio reserves the right to modify or adapt at any time and without notice these general conditions of sale, in particular, to bring them into compliance with legal and regulatory provisions.

The customer is therefore invited to consult them on a regular basis and before placing any Order. The customer is deemed to be aware of the general conditions of EL PATIO at the time of contracting and to accept them without reservation.

Identification :

Company name: Koi Import El Patio SNC
VAT: BE 0534.730.613
Trade name: El Patio
Website: elpatio.be
Email: elpatiokoi@gmail.com

Article 2 – Purpose

These general conditions of sale are intended to define, in an exhaustive manner, all the terms of sale between “El Patio” and “the buyer”, from the order of the product or service, through payment, delivery, the guarantee “When El Patio illustrates its articles with images, these constitute a reflection of the goods. An error is always possible and, if there is obviously an error, El Patio is not obliged to deliver the corresponding good of the purchased products and the withdrawal of the purchased product. These conditions define all the steps necessary for placing an order until delivery to the final recipient. The images displayed on our site are non-contractual.

“The buyer” is deemed to be aware of the general conditions of “EL PATIO” at the time of contracting and to accept these general conditions of sale without reservation.

In the event that one of the clauses present in the general conditions of sale is declared abusive, illegal or unenforceable by a change in legislation, or following a legal decision that has become effective, the nullity or unenforceability would be limited to the said clause, and will not affect the validity of the other stipulations.

Article 3 – Offer and order

Offer

If an offer has a limited period of validity or is subject to certain conditions, it will be clearly mentioned on the El Patio website. El Patio always describes the products sold in the most complete and precise way possible. The product offers considered by El Patio and indicated on the “deliverable” product sheet are valid on Belgian, Luxembourg and French territory. As for the “non-deliverable” product, the offer applies exclusively to Belgian territory.

When El Patio illustrates its articles with images, these constitute a faithful reflection of the goods. An error is always possible and, if there is obviously an error, El Patio is not obliged to deliver the corresponding good.

Ordered

General

We specify that the products displayed in order on the site, are within the limits of available stock, which is specified in article 4 of these general conditions.
Once payment is received, payment is final. All credit or debit card payment transactions are subject to authorization by the card issuer. If the issuer of your card refuses your payment, we cannot be held responsible for delays in delivery and/or non-delivery of your order.

Purchase via the website with online payment and home delivery

To buy our products, the “buyer” must select them and add them to his shopping cart. Then, he can click on the “order” button to validate his purchase and start filling in the contact and billing data. At any time (except after payment), the customer has the possibility of consulting and modifying the contents of his order.

After having validated his basket, the “buyer” will be shown a summary page where he will have to validate the acceptance of our general conditions, and check the summary of his order. In this summary, all of the buyer’s purchases + total cost included will be displayed. Validation of the order made by the “buyer” will only be considered final once the payment of the price of the order has been made by the “buyer”.

Once you have gone through all these steps and once El Patio has received authorization for the payment transaction from your credit or debit card issuer, your purchase is final. We will then send you a confirmation of your order by email. This confirmation email will confirm the maximum delivery time and if this time is exceeded, the possibility of canceling the order free of charge.

If the buyer has not yet received an order confirmation, he can modify or cancel his order at any time.

All the means of online payment accepted on our internet store are mentioned in article 5 on the general conditions relating to the price.

Reservation via the website and withdrawal in store

Some of the items offered by El Patio cannot be delivered to your home (weight and transport restrictions). However, on the item’s page, the “buyer” will be informed that the product is “undeliverable” but that he can reserve it and then pick it up at the El Patio store. The reservation is final after clicking on the order finalization button and filling in all your contact and billing details. A link to the general conditions on a durable computer medium is added to the confirmation e-mail.

The items are then collected in the store. Products that are not in stock in the store are ordered and will be available within an indicative period of 10 working days.

El Patio cannot be held responsible for the non-preparation on time or the absence of certain products. If the order is not complete, please refer to our article 4 on the availability of our products. Payment will be made in the store at the time of collection. El Patio will reserve the items for you for 10 days in its store.

Confirmation of your order

Any confirmation of your order or reservation of products entails your acceptance of these general conditions of sale, without exception or reservation. All the data completed by the “buyer” and the recorded confirmation will constitute proof of the transaction. You declare that you are fully aware of it. The order confirmation will constitute signature and acceptance of the operations carried out.

Article 4: Availability of our products

The products offered for sale online are those that appear on our website, on the day and at the specific time of consultation of the site by the “buyer” and within the limits of available stocks. El Patio implements all reasonable means to display the availability of products in real time on its site but cannot be held responsible if a product is no longer available to honor the order made by the purchase.

In the case of a partial unavailability of one of our products or services, the customer will be informed by “El Patio” as soon as possible by e-mail or by telephone. “The buyer” will have the possibility to modify his order, to cancel it, in which case he will be refunded the amount of the value of the unavailable product (if the payment has already been made).

Article 5 – Price and terms of payment

Price

The prices of our products, excluding delivery costs, are indicated in euros, all taxes included (VAT, RECUPEL and other applicable taxes), unless otherwise indicated. These products take into account any discounts or price reductions granted by El Patio.

In the event of an order to a country other than Belgium, you are the importer of the product(s) concerned. In this case, customs duties or other taxes may be payable. They will be your responsibility and are your responsibility. We therefore advise you to inquire about this point with your relevant authorities.

El Patio reserves the right to modify its prices at any time, but the product will be invoiced on the basis of the current price announced at the time of validation of the order. The products remain the property of El Patio until full payment of the price.

Payment via website

In order to guarantee the security of online payments and the protection of your personal data, transaction data is encrypted using SSL technology before being sent over the Internet. You will recognize the SSL-secured connection by the little padlock that appears in the status bar of your browser, whatever it is. We accept the following means of payment: Visa, MasterCard, Bancontact/Mister Cash. This payment process is managed by an external service provider, Atos Worldline to guarantee optimal security, and a PCI payment certificate.

Payment in store

In our stores, we accept payment in cash, Visa, MasterCard, Bancontact/Mister Cash. In the case of items reserved online and picked up in store, payment is made in store.

Article 6 – Home delivery

The delivery area covered by El Patio includes Belgium, Luxembourg and France. However, to be agreed with customer service, certain exceptions may deviate from our rules.

Only our products bearing the mention “deliverable product” can be delivered to your home. The delivery address will be the one indicated during the order, all the articles will be delivered to you there. The transport costs are indicated explicitly in parallel with the article concerned. The delivery time varies depending on the item ordered, its weight and its size. The delivery time of the article is indicated before the order is placed. El Patio will make every effort to meet its delivery times. The delivery only includes the transport and delivery of the article, it does not include the assembly of the article.

Our maximum delivery time for products ordered on the website is 4 working days on Belgian territory, and 12 working days for France, Luxembourg, Germany and the Netherlands. These deliveries will be made to the address provided by the customer.

If El Patio cannot deliver on time, El Patio will notify you as soon as possible (see article 4 on the availability of our products, and will make every effort to inform you of the delivery times of its own suppliers.

Shipments are always at the risk of El Patio. However, if it is a return of goods, you are responsible for the transport. If the items we deliver to you are damaged during transport or do not correspond to the items indicated on the delivery note or do not correspond to the items you ordered, you must notify us as soon as possible and at the latest within 3 days after the date of delivery to the “buyer”. Please contact our customer service for this.

If a delay in delivery occurs, El Patio undertakes to notify the “buyer” as soon as possible and will inform him of the duration of the delay. In case of force majeure, the customer cannot terminate the sales contract that binds him to El Patio. In case of loss of the package sent by El Patio, the customer will be reimbursed within 14 working days of the customer’s complaint regarding the loss of the package. However, an investigation will be opened with the postal services and the carrier.

Article 7 – Right of withdrawal

In the case of an online sale

The right of withdrawal is applicable only in the case of a purchase made remotely via the website, email or telephone, delivery included. The right of withdrawal does not apply when booking via the website with in-store pick-up.

The right of withdrawal implies that you have the right to withdraw from the purchase, it is 14 days from the delivery of the items. During this period, the items can be returned no later than 14 days after notification to El Patio of the decision to withdraw from the purchase, without financial penalty and without obligation of justification. Within 14 days of receipt of the items by El Patio, the full purchase price of the items will be refunded to you (by bank transfer).

If you wish to return the goods as described above, you may only unpack and handle them to the extent necessary to assess the nature, characteristics and functioning of the goods. If you return items, this must be done with all the accessories delivered, in the initial state and in the original packaging.

If you wish to return goods to our physical point of sale. The direct costs of returning the goods are your responsibility. If the goods cannot be returned by post, we will pick them up from you. We will tell you the cost or make an estimate if it is not reasonably possible to calculate it in advance.

In order to be able to exercise your right of withdrawal quickly and correctly, you can download the withdrawal form and send it to our store. If you wish to exchange the product for another product, please contact El Patio Customer Service. The right of withdrawal does not apply in certain specific cases as provided for by law, such as for perishable, living goods and goods personalized according to the customer’s instructions.

For any request for withdrawal on the order made by the buyer, we invite him to contact customer service via email (elpatiokoi@gmail.com). The product returned by the “buyer” must be in new condition, with original packaging, accompanied by its warranty, accessories and all parts or documents included in the product box, with a purchase invoice allowing El Patio to validate the identity of the buyer. Products that do not meet these general conditions will not be taken back by El Patio.

In the case of an in-store sale

If you want to return or exchange a product you purchased at El Patio (physical point of sale), it is up to the seller to determine the return or exchange conditions.

Article 8 – Conformity and guarantee

All the products that the consumer buys on the site of El Patio benefit from a legal guarantee of at least 2 years. If the warranty period is more than two years, it is indicated in the characteristics of the article.

Any possible defect must be reported to El Patio within 1 month of the observation (discovery). After this period, any right to repair or replacement expires. If a customer finds a defective item within 7 days, it will be exchanged or refunded.

During the aforementioned period, El Patio undertakes to replace or repair the defective article (or part of this article) free of charge, unless this proves to be impossible or disproportionate.

The following are notably excluded from the legal guarantee:

all direct or indirect damage caused to the device after delivery (eg due to oxidation, shock, dropping, etc.);
the replacement of accessories or parts which must be replaced regularly following the use of the product;
damage resulting from fire, water damage, lightning strike, accident, natural disaster;
damage caused intentionally, by negligence or as a result of careless handling, poor maintenance or improper use or use contrary to the manufacturer’s instructions.

To invoke the warranty, you must be able to present the original invoice or proof of purchase. The warranty period begins at the time of delivery. The guarantee can only be invoked with regard to El Patio. If you call on the manufacturer directly, any costs will not be borne by El Patio.

Article 9 – Force majeure

In the event of force majeure, we are not obliged to comply with our obligations. In this case, we have the right to suspend our obligations for the duration of the force majeure. Are considered as a case of force majeure all situations beyond our control. In particular, we mean by force majeure strikes, fires, breakdowns, power cuts, network disruptions and/or the possible unavailability of our website.

Article 10 – General Liability

El Patio is not liable for faults and negligence, even on the part of contracted service providers or employees, except in the case of intentional acts or serious faults. The liability of El Patio is always limited to direct and personal damages, and it can never represent an amount higher than the purchase price of the product. El Patio is not responsible for any loss or damage that occurs while using a product.

Use of the website

El Patio cannot be held responsible for any damage suffered by a visitor to the El Patio website in the event of interruptions or errors in the electronic publication of the site or in the event of the impossibility of accessing the site. This website contains links or references to other sites. El Patio has no authority over these sites and therefore cannot be held responsible for the content or characteristics of these sites, or for any other form of damage arising from their use.

The sending to and from the El Patio website of illegal content, such as threatening, discriminatory, racist, obscene or pornographic content contrary to national or international legislation, is prohibited. El Patio is able to control the sections of the website in which users can send communications. However, El Patio is not responsible for the content of these communications. El Patio reserves the right to delete from its website the data sent by users if this data does not correspond to the purposes of the website.

Article 11 – Intellectual property

The information available on the El Patio website may only be downloaded for private purposes. Any other use is prohibited. All the content of this website is protected by the intellectual property rights which may be claimed by El Patio, its suppliers or any other rightful claimant.

The total or partial use of this information for commercial purposes, as well as the electronic recording of this information or its use for illegal purposes is prohibited without the prior written authorization of El Patio, except to identify the products and services.

Any communication sent by the user to the El Patio website is considered non-confidential and not subject to copyright. El Patio is not responsible for these communications. El Patio has the right to delete, copy, publish, distribute, repost and otherwise use these communications for any purpose.

Article 12 – Processing of complaints, disputes and non-compliant orders.

Some orders made by “El Patio” may contain missing, damaged or non-compliant products. If the “buyer” considers that the products are defective, or non-compliant with his order, he may, subject to the reasons describing the failure of the order, send his complaints to El Patio’s customer service. Our customer has a period of 14 days from delivery to address these complaints to El Patio. After this period, El Patio will no longer refund the “buyer’s” order, nor exchange products or services.

For any complaints on an exchange, or a refund, El Patio will inform its buyer of the decision. If the decision is in favor of the buyer, the product must be returned to the following address: El Patio, Nijvelsebaan 193, 3060 Bertem Belgium. This product must be in new condition, with original packaging, accompanied by its warranty, accessories and all parts or documents included in the product box, with a purchase invoice allowing El Patio to validate the identity of the Buyer.

After return of the product and decision made internally, El Patio will offer a customer, an exchange of products, a full refund, or the delivery of another product similar in quality and value within 14 days of the refund request or of exchange. For the return costs, these will be borne by the buyer. The exchange of the defective product will be the responsibility of El Patio.

An exchange or refund cannot be made if El Patio discovers that the failure is attributable to the buyer, and results from misuse, or non-compliant use, and/or modification of the product at the initiative of the Buyer.

If you have any complaints about our goods or our services, you can contact us using the following contact details. For all waiver requests, please refer to Article 5 on the right of waiver/withdrawal.

Koi Import El Patio SNC
Nijvelsebaan 193

3060 Bertem Belgium

Email: elpatiokoi@gmail.com
0032 16 47 13 31

The after-sales service provides a period of 5 working days to inform the buyer of a proposed solution to the dispute. El Patio favors an amicable settlement of any complaints. El Patio also accepts the intervention of the litigation committee (or the board of directors) for all matters relating to the Becommerce label. Belgian law is the only one applicable in this type of dispute.

However, if your complaint cannot be resolved, you can contact the Consumer Mediation Service for an out-of-court settlement of consumer disputes.

Consumer Mediation Service North Gate II Boulevard du Roi Albert II 8 1000 Brussels Tel: 0032/2 702 52 00 – Fax: 0032/2 808 71 29 – E-mail: contact@mediationconsommateur.be
Website: www.mediationconsommateur.be The European Union offers a digital platform dedicated to Online Dispute Resolution (ODR): http://ec.europa.eu/consumers/odr/ Belgian law applies. In the event of a dispute, only the courts of Nivelles are competent.

Article 13 – Protection of privacy and processing of personal data

El Patio collects personal data concerning the buyer (who carries out his order), this information is communicated on the site. They can be modified at any time and the buyer can decide to completely delete his account via our customer service.

El Patio is firmly committed not to communicate this data to third parties, these will be used exclusively in the internal services of the company, with the aim of reinforcing or personalizing the newsletters / emails / or documents of sales. The buyer can exercise his right of deletion directly by sending an email to elpatiokoi@gmail.com

Data processing manager: Marie Benadette Del Re (under the responsibility of the limited liability company Koi Import El Patio SNC). The data collected is adequate, relevant and not excessive data with regard to the purposes for which they are obtained.

Article 14 – Nullity of a clause and proof

Under no circumstances shall the invalidity of one of the clauses of these conditions affect the validity of the other clauses. The computer data stored in the computer system set up by El Patio will be considered as proof of communication, order and payments between the parties.

Article 15 – Applicable law and jurisdiction

All the present general conditions above are subject to Belgian law. In the event of a dispute, only the courts of Brussels will be competent for all disputes and disputes.