Article 1 – Preamble
Scope: these terms and conditions apply to any order for products on the website of Nectar and Co S.C.R.L. (hereinafter referred to as Nectar), registered in the Trade Register under number BE0867 410 523. Its registered office is located at 5380 Fernelmont, rue du Vicinal, 36, Belgium. Email: compta@nectar-co.com.
Any order for a product appearing on the www.nectar-co.com online shop implies the full acceptance of these terms and conditions.
As a result, the customer acknowledges that they have been fully informed that their acceptance of the content of these terms and conditions does not require a handwritten signature, as the customer would like to order products on the website’s online shop.
Article 2 - General terms and conditions
2.1. General considerations
The client has the option to save or print these terms and conditions, although it is specified that they have sole responsibility for saving and printing this document.
Nectar may change these general terms and conditions of sale at any time as long as it makes sure any such changes appear on its website. However, contracts already concluded will continue to be subject to the terms and conditions that applied at the time the sale was agreed. It is therefore recommended that you regularly refer to the latest version of the terms and conditions of sale, which is always available on the website.
2.2. Definitions
By "consumer", we mean any natural or legal person who acquires or uses, strictly for non-professional use, products or services presented on the website. As a consumer, the client has specific rights, which would be challenged if the products or services acquired within the context of the website would in fact have anything to do with their professional activity.
By "professional", we mean anybody that does not fit in with the definition of “consumer” given above.
Article 3 – Online sale
The catalogue of products and their descriptions appearing on www.nectar-co.com do not constitute an offer in itself. It is therefore not sufficiant to fill in an order form on the abovementioned site for the sale contract to be formed. The sale will only be definitively agreed when the confirmation email will be received.
For the client’s security and peace of mind, Nectar reserves the right to ask for additional information and to refuse to fulfil the order if an adequate response is not supplied or if Nectar feels that the information in its possession is insufficient. Nectar can also refuse orders when it appears that the purchaser intends to resell the products.
Article 4 – Order confirmation
Contractual information will be included in a confirmation email sent at the latest by the time of the delivery.
Article 5 – Purchasing
Nectar will respond to your order subject to the availability of its own or suppliers’ stocks. Orders will be dispatched within 48/72 hours for Belgium. However, if products turn out to be unavailable after you have placed your order despite its vigilance, Nectar will inform you by email and invite you to cancel or amend your order.
Article 6 – Availability
Product availability is always shown on our website for reference purposes. In principle, a product marked as ‘in stock’ is available immediately. However, Nectar cannot be held responsible if stock levels are no longer the same as on the date on which the order was placed. In principle, any unavailable product is marked as ‘out of stock’ on the website.
If Nectar cannot obtain a product from its suppliers within a reasonable time (for example, if the suppliers themselves are out of stock), it will inform the client of the expected delay by email. The client may then choose to cancel or amend their order, according to this new information. No cancellation penalty will be applied for an order cancellation of this kind.
Nectar reserves the right to send the order in two or more deliveries if one product is out of stock. This will not cause an extra charge for the client (the client will only pay the delivery costs shown at the time of the order once).
Article 7 – Transfer of ownership
As an exception to article 1583 of the Civil Code, goods sold or delivered remain the exclusive property of Nectar until the order has been fully paid.
The risks associated with the transfer of ownership of products are different according to whether the client chooses to have their order delivered using a non-secured service (Post Office) or a secure service.
If the order is sent via the Post Office, all the risks of loss or damage of the items in question are borne by the client from the moment the order is placed. The items purchased are transported at the purchaser’s own risk.
If the client chooses a secure service, Nectar will cover the costs of any damage (theft, damage, missing items) caused to the product and will refund the postage costs in this case.
Article 8 – Prices
The prices of our products are shown in EUROS inclusive of all taxes, excluding postage. Delivery and shipping costs are charged to the client (unless specified otherwise on the website). They are provided taking into account the information provided by the client about the delivery destination.
Nectar reserves the right to amend its prices at any time. Nectar does however undertake to apply the prices indicated at the time you placed your order.
Article 9 – Payment
Payment for the total price must be made at the time your order is placed.
At no time can the amounts paid be considered to be deposits or part payments. All orders are payable in EUROS. To pay for your order, you can choose one of the following payment methods:
-Credit card (Visa)
-Paypal
-Bank transfer to Nectar’s bank account
For the latter, products are reserved for the client for 5 working days from the order date, pending payment. After this time, we may decide to cancel the order.
You declare to Nectar that you have every authority required to use the payment method chosen when entering your purchase order. Nectar reserves the right to suspend or cancel any order and/or delivery, whatever their nature and status, in the event of a non-payment (or in the event of a payment irregularity) of any amount owed. The delivery of any new order may be suspended in the event of late payment for a previous order, notwithstanding the provisions of these terms and conditions. Nectar reserves the right to ask for a photocopy of your ID card and/or bank statement for any payment using a bankcard.
Article 10 – Delivery
10.1. - General considerations
Products purchased on Nectar will only be delivered within Belgium. They will be delivered to the address shown on the purchase order. The times shown on the item information are for reference only, and correspond with the times for handling and sending the order, to which the postage time needs to be added.
Nectar cannot be held responsible for the consequences of a delay in postage attributable to the Post Office. There will be no refund for an order as long as it is not returned to the sender or as long as it is not arrived late at the address mentioned in the purchase order.
If the order is paid for by bank transfer, the order will only be processed when the payment is received. As a result, the applicable timescales relate to the day on which payment is received and so may be different from those provided when the order was placed. If you decide to cancel your order after payment and your order has already been released for delivery, Nectar will only refund the order when it has received the return. We strongly recommend returning the item in its original condition.
10.2. – Transfer of risks
The risks relating to your items will be transferred once the items have been received.
10.3 – Delivery problems
Any concern about the delivered item (e.g. damaged package, already open etc.) must be reported to Nectar within 3 days after receiving the item. Depending on the situations described in article 7, you may or may not be able to exchange the item or to obtain a refund for this item as defined in this article.
Any issue relating to the items contained in the parcel (out-of-date item, missing item, different item from what was ordered etc.) must be reported to Nectar within 14 days after receipt of the parcel. If a problem is reported after this time, Nectar will no longer accept liability and so the item will not be refunded or replaced.
10.4 – Product compliance
Nectar undertakes to refund or exchange products that do not match your order. In this case, we would be grateful if you could send us details of the issue by email (compta@nectar-co.com) and return the product(s) to Nectar. According to what you prefer, Nectar will then exchange or refund the product(s). The request must be made within 14 working days after the delivery. Any complaint made after this time cannot be accepted.
We strongly recommend returning products to Nectar in the condition in which you receive them, with every item that was delivered (accessories, packaging, instructions etc.). In any case, you are covered by the statutory guarantee relating to hidden defects.
10.6 – Returned parcels
IMPORTANT: if the client is not present at the time of delivery and does not collect the parcel from the post office within 15 days, the parcel will be returned to Nectar. In this case, Nectar will only send the parcel back to the client when this parcel has been received (or refunded by the Post Office if it has been lost), and the shipping costs for this second delivery will be owed by the client, even if it turns out that the Post Office did not leave a card.
Article 11 – Guarantee
11.1 Products purchased on this website will have a minimum Best Before Date of one year, unless otherwise specified on the purchase order.
11.2 Please read the documents provided about the product for more information about the manufacturer’s guarantee, which does not affect your statutory rights.
11.3 Any guarantee claim, if applicable, must be made directly to the manufacturer or publisher in accordance with the provisions of any guarantee attached to the purchased products, or to Nectar by email (info@nectar-co.com) within 2 months after noticing/discovering the problem with the product.
Article 12 – Right of renunciation
In accordance with the law of 14 July 1991, the consumer has the right to inform the seller of their wish to cancel their order, without any penalties or the need to provide a reason, within 14 working days, starting the day after the product was delivered.
We strongly recommend returning the products to Nectar in perfect condition, suitable for reselling, in their original condition (packaging, accessories, instructions), duly sealed, along with a copy of the invoice or delivery note, within 14 days.
Any incomplete, spoiled or damaged product, or any product where the original packaging has been damaged, will not be refunded or exchanged.
If the consumer would like to exercise this right, they must contact Nectar within 14 working days by emailing info@nectar-co.com.
Article 13 – Proof of the transaction
Electronic records, kept by Nectar’s IT systems with reasonable security conditions, will be considered to be proof of communication, orders and payments between the parties.
Purchase orders and invoices are archived using reliable, durable media that can be produced as proof.
Article 14 – Limitation of liability
14.1 The photos and texts illustrating and describing the products that appear on this website are non-contractual and only provided for reference. Nectar does not accept any responsibility for any errors or omissions in the photos or texts appearing on this website. Furthermore, Nectar does not accept any responsibility for the validity of the content of the technical datasheets and descriptions of products provided by our partners or suppliers.
14.2 Without limiting the scope of these terms and conditions of sale, no claim whatsoever relating to delivered products, the non-delivery of products or any other issue can exceed the total purchase price of the products in question. Under no circumstances can Nectar be held responsible for any indirect, incidental or consequential damage of any kind (even if Nectar knew or could have known about the origin of any such damage) relating to its products, their use, their sale or the website.
Article 15 – Force majeure
15.1 Nectar will do its best to fulfil its obligations but cannot be held responsible for delays or a lack of deliveries due to circumstances outside of its control, such as strikes, wars, natural disasters or other events that hinder the production, transport or delivery of products.
15.2 In the event of a delay, Nectar will fulfil its obligations as soon as possible and reserves the right to distribute its stocks of remaining products between its clients fairly.
Article 16 – Data protection
By placing your Order, you give Nectar permission to store, process and use the information collected from your purchase order. Some of this information may be passed on to companies involved in delivering your products. By placing your order, and if you say so on your purchase order, you also give Nectar permission to pass on this information to other companies whose products are available for sale on Nectar’s website and who might send you information about other products and services that might interest you.
To request that this information is not passed on to these companies to keep you informed of other products and services provided by Nectar or third parties, you must indicate your refusal in the relevant section of the purchase order. You can get a copy of the information we have about you by sending us a written request. If any of the information we have about you is incorrect, it will be corrected if you write to us with your request.
Article 17 – Applicable law
Nectar will do its best to try to settle any dispute amicably. If you are not happy with the way of settling the dispute and would like to refer to the relevant courts, the following rules will apply. The contract is governed by Belgian law. Each party agrees to refer any dispute to the exclusive jurisdiction of the courts of Namur (Belgium).